Charities Regulation Under Scrutiny

By Alan Ware, Emeritus Fellow, Worcester College, Oxford & Senior Research Associate, UCL School of Public Policy

Charities Regulation Under Scrutiny

This post is a response to the Centre for the Study of British Politics and Public Life’s event Charities Regulation Under Scrutiny, held on 16 February 2016.

Regulating charities is extraordinarily complex because unlike most regulated organisations they are so diverse. There are about 160,000 of them and they share just one feature – they opted for a particular legal status, first established in 1601.  Only those bodies that meet a statutorily defined notion of “public benefit” are entitled to the privileges charitable status provides, including not being liable to corporation tax, for example. They vary enormously in size, in whether they rely or donations or on other sources of incomes (such as contracts, fees or grants), in whether or not they make use of volunteers, and in many other ways. Perhaps the most significant respect is whether they are subject to oversight by the Charity Commission or are exempt, as are universities and private schools, for which other regulatory agencies now usually have responsibility.

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Podcast: Fighting for a Place in Parliament

Thousands of people apply to work in MPs’ parliamentary offices every year. Why? Robert Dale, author of How to Be a Parliamentary Researcher, visited the Centre for the Study of British Politics and Public Life on 16 November to explain.

Working in an MP’s office is an opportunity to operate at the centre of British politics. In an insightful discussion with comments from Tony Grew (Lobby journalist for The Telegraph, founder of the Parly app) and Susan McLaren (Birkbeck PhD student), Robert Dale explored how to get a job in an MP’s office, the challenges of these positions and the culture around working in parliament.

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Podcast: The Crisis in the Greater Middle East

The Crisis in the Greater Middle EastOn 12 November 2015, the Department of Politics hosted a round table discussion on war, geopolitics and the challenge of ISIL in the Middle East region.

The panel featured Ed Bacon, Matthijs van den Bos, Antoine Bousquet, Rob Singh and Barbara Zollner. Assistant Dean Alex Colás chaired the discussion.

The panel assessed the origins and dynamics of the crisis in the Middle East, considering why ISIL’s recruitment practices have been so successful in the West, possible solutions to the Syrian civil war and the ramifications of the conflict for the relationship between Washington and Moscow.

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Podcast: Polly Toynbee in Conversation with Tony Wright

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The Centre for the Study of British Politics and Public Life welcomed author and journalist Polly Toynbee to the Keynes Library yesterday, where she appeared in conversation with Birkbeck Professorial Fellow in Politics Tony Wright.

The wide-ranging talk, which was followed by a Q&A with the audience,
mixed biographical detail with political insight, covering Toynbee’s education, early work experiences and the effort behind writing two columns a week. It also addressed the challenges facing the Labour party in upcoming votes in London and Scotland, and the pitfalls for the Yes campaign in the EU referendum.

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Podcast: David Runciman on ‘Jeremy Bentham as Conspiracy Theorist’

Professor David Runciman: Jeremy Bentham as conspiracy theorist

On 4 November, Professor David Runciman visited the Centre for the Study of British Politics and Public Life to speak on the subject of Jeremy Bentham and conspiracy theory.

The lecture explored what Bentham had to say about conspiracies real and imagined and how his ideas of conspiracy changed in line with his shifting view of democracy. It asked whether it makes sense to call Bentham a conspiracy theorist, and if so, what that tells us about the relationship between conspiracy theory and political theory.

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Podcast: In Conversation with John McDonnell

In Conversation with John McDonnell
John McDonnell, Shadow Chancellor and former Birkbeck student spoke to staff and students at an event organised by the Politics Department. He was questioned by Joni Lovenduski over gender representation and came out in support of legislative quotas for women and job shares, though he challenged the ‘19th century’ idea that the top Shadow Cabinet jobs such as Foreign Secretary were still the most important. He acknowledged that the Parliamentary Labour party was not wholly in favour of its new leadership but promised that the party would remain a broad church and democratic, with space for dissent and different views. The new activists who had joined since September, he hoped, would radicalise the party.

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Missing Women: It’s Time for Legislative Quotas in British Politics

By Rosie Campbell, Sarah Childs, and Meryl Kenny and the other members of the UK Political Studies Association (PSA) Women and Politics Specialist Group

Originally posted on the PSA Women and Politics Specialist Group blog.

Last week the Counting Women In coalition published its 2014 report into Sex and Power in the UK. Yet again women will be reading that they are under-represented in British politics: at Westminster, Holyrood, Cardiff, Stormont, and in local government across the UK. Meanwhile, resistance to gender quotas continues, with a recent YouGov poll highlighting the lack of popular support for all-women shortlists. It’s time for political parties to show leadership on this issue and follow the global evidence – well-designed and properly implemented quotas are the most effective way to address the under-representation of women. Patience is no longer an option – the time has come for legislative quotas in British politics.

Still Counting

The findings from last week’s Sex and Power in the UK report are stark: women constitute more than half the population but only 23% of MPs and Government Minsters, 35% of MSPs; 42% of AMs; 19% of MLAs and 33% of local councillors. Globally, the UK’s performance on women’s representation is slipping – in 1997 the House of Commons was ranked 20th in the world for women’s representation; it is now 65th.

No one who knows anything about British politics will be surprised about this. Sure there are frequently lots of brightly coloured jackets on show at PMQs , but earlier this year the maleness of politics was laid bare at Westminster: the Prime Minister and Deputy Prime Minister apparently failed to realise that their front bench was men-only. While the Sex and Power report is welcome, it’s but another in a long line of reports over the last decade and a half which show substantially fewer women than men in politics[i]. We also now know – for the first time systematically – that mothers are a particularly absent group in the House of Commons. Working class women are rarely part of elite male claims about the under-representation of working class MPs. And BME women are fewer than they should be despite gains and ‘firsts’: in 2010, the first BME Conservative woman MP and the first Muslim women MPs.

The research evidence is clear about the causes of women’s under-representation: a combination of a lack of women coming forward and obstacles placed in their path. Academic research also shows – based on UK and global analysis – that something can be done about it in the here and now. The use of gender quotas by the Labour party in the form of All-Women Shortlists (AWS) for Westminster elections in 1997, 2001, 2005 and 2010, and twinning in Scotland and Wales in 1999, reveals the critical role that UK political parties play as gatekeepers to political office. In short, when a political party has adopted a quota for women in the UK, women’s representation has increased.

Sex and Power shows clearly the impact of Labour’s quota for the 2015 general election on the numbers of women selected as parliamentary candidates relative to the other two main parties. While not all selections have been completed, the Tories lag well behind Labour and the Liberal Democrats in terms of the number of female candidates selected in retirement seats, and behind Labour in target seats. Admittedly, the Conservatives might be able to increase their selections of women candidates in the last year; meanwhile, the Liberal Democrats will need localized above national swings to protect their sitting women MPs. In contrast, Labour should – as a direct result of AWS – see a PLP that is more than 40 percent female.

If we look to Scotland and Wales, Labour’s advantage remains, again thanks to quotas. Yet while Labour women continue to hold up headline figures, the previous Nordic-level highs of women’s representation at Holyrood and Cardiff are beginning to look rather like distant memories. In Scotland, the decline in women’s representation has been particularly dramatic, with the current SNP government only delivering a ratio of 1 in 4 women to men in their parliamentary group. This is likely to stall if not fall in the event of another SNP victory in 2016, given the party’s reluctance to follow Labour’s lead in adopting quota measures.

Following the Evidence: The Argument for Gender Quotas

As soon as quotas are raised critics are quick to tell us that everybody hates them. Male and female politicians (the usual suspects) are vocal in the media rubbishing them, from across the political spectrum. And a YouGov poll reported last week found that the public don’t like them, with not one group in favour of them. Indeed, if you ask the public what kind of representative they want, they don’t want women, even as they will agree that in principle there should be more women in politics. The findings of the YouGov survey should again not come as a surprise; surveys have repeatedly shown that voters are hostile to the concept of gender quotas or all-women shortlists. However, parties that present an all male face to the public risk looking out of touch and out of date, and the only short to medium term fix to this problem is to apply equality guarantees; be they AWS or ‘A lists’ rigorously applied.

Do quotas work? The global evidence is overwhelming – quotas that are well-designed and properly implemented are the most effective way of ensuring significant increases in women’s representation. Indeed, 17 of the top 20-ranked countries for women’s representation have used some form of gender quotas – ranging from voluntary party quotas to statutory legislative ones. Rather than follow the evidence, however, opponents of quotas usually advance a set of well-worn criticisms – quotas are un-democratic, they discriminate against men, they create ‘token’ women politicians, and so on. Well, here’s a few counterarguments to the critics, in the elite and in the wider society:

  1. ‘Just be patient, increases in women’s representation will happen naturally’. The evidence is clear – gains in women’s representation are too small and they are taking too long. As the Sex & Power report highlights, a girl born today in the UK will be drawing her pension before she has an equal voice in the government of her country. Such a scenario also presumes an upward linear trajectory – which in the UK and elsewhere is demonstrably not guaranteed.
  1. ‘There just aren’t enough women’When parties are required to select women, they usually manage to ‘find’ that they had women who’d been willing to stand all along, if only somebody had asked them. Indeed, both Wales and Scotland managed to find women to stand for the new institutions, achieving record levels of women’s representation in 1999 and 2003. Many studies have shown actual increases in the share of women candidates following the introduction of quotas. Do we really think the UK does not have 300 women good enough to be MPs out of a population of 65 million?
  1. ‘Quotas promote unqualified candidates’First, as above, qualified women are out there, just not ‘seen’. Second, the concept of merit is itself gendered, in that it privileges the ‘male-politician-norm’ over the ‘female-politician-pretender’ – there is no evidence to support the assumption that men are ‘naturally’ better at politics than women. Indeed, analysis of the career trajectories of Labour’s women MPs shows that they were as successful as their male colleagues.
  1. ‘Quota women will be stigmatised’. This may be a problem if there are only a few women, but where a larger number come in this is less likely. Labour’s AWS women have reported that their colleagues and the public rarely have an accurate sense of who was and who was not a ‘quota woman’. Finally, if one has sex neutral quotas – for example, 50/50 for both sexes – then you also create ‘quota men’, and the argument simply disappears.

The long Grass is no longer an option: time for legislative quotas now

Quotas work, but they lack popular support – does this mean that the issue of women’s under-representation is irresolvable? Absolutely not, there is a space for political leadership on this issue. As recent Scottish polls demonstrate, opinions change – voters agree that there should be more women in politics and they don’t penalise women candidates at the ballot box. When faced with an AWS woman the voter does not discriminate either.[ii]

Yet, the political parties have not yet tried to lead rather than follow public opinion on this issue. As a result, the UK debate over quotas has been marginal (within the parties, and only to any effect within Labour), parochial (refusing to engage with the global evidence), non-scientific (failing to follow the evidence), and ideological (refusing to accept that gender matters to democracy). The leaders of both main parties in England who are resistant to quotas have a tendency to raise their spectre only not to follow through: Cameron in 2010 said there would be some when the best candidates were women; Clegg is apparently prepared to countenance them after the next election…..we have become sceptical of such promises.

In this context, the debate about quotas in the UK can no longer be left in the hands of the parties. In all of the recent reports, recommendations have suggested that it is time for the UK to consider legislative quotas:

And

  • The concluding observations of the UN Committee on the Elimination of Discrimination Against Women, which call on the UK to consider more prescriptive measures to address the political under-representation of women in political life

A Labour government is probably the most likely direct route; but a cross-party group of women MPs post 2015, if the numbers of women on the Tory and Lib Dem benches decline, would be another. Of course the House would need to be persuaded. Political leadership is essential – not just from the women who are most vocal on this, but from the men too who support the principle of equality. The exclusion of women from British politics is a serious democratic deficit. As such, it demands not patience but a solution that works: that solution is quotas.

 

PSAWomenPollogoThe PSA Women and Politics Specialist Group provides a focus for members of the UK Political Studies Association whose research focuses on women or gender, and is also a resource for women in the PSA. The group has a commitment to ensure the visibility of women in the PSA and the discipline, while combating sexism.

 

[i] See for example Sex & Power 2014published by Counting Women In (the collective voice of the Hansard Society, Fawcett Society, ERS, CFWD and Unlock Democracy), September 2014; Improving Parliament, published by the All-Party Parliamentary Group for Women in Parliament, July 2014; The Speaker’s Conference Report on Parliamentary Representation, 2010; and the Hansard Society’s Women at the Top, 2000, 2005, 2011.

[ii] Cutts, David, Sarah Childs, and Ed Fieldhouse. 2008. “‘This is what happens when you don’t listen’: All-women shortlists at the 2005 General Election.” Party Politics 14(5):575-95; Cutts, David, and Paul Widdop. 2012. “Was Labour penalised where it stood all women shortlist candidates? An analysis of the 2010 UK General Election.” British Journal of Politics and International Relations, 15 (3), 435-455.

Watch Professor Colin Crouch discuss his new book, Making Capitalism Fit for Society.

On Thursday 30 January, 2014, the Centre for the Study of British Politics and Public Life, in partnership with the Political Quarterly and the UCL Department of Political Science, held a public debate about Colin Crouch’s new book Making Capitalism Fit for Society.

Video from the event has now been published on the UCL Department of Political Science website, and can be viewed here.

How Well Does Parliament Scrutinise?

By Dr Ben Worthy

One of the key tasks of any Parliament is scrutiny. But what is scrutiny? What makes it effective and how does it work?

Jessica Crowe from the Centre for Public Scrutiny gave us an insight as part of our Parliamentary Studies course. Parliament has recently altered its scrutiny powers but what effect has it had? Many things can hold back Parliament from scrutiny from party loyalty to lack of resources or lack of tools. Jessica measured Parliament’s performance against the CFPS’s own key principles of good scrutiny: that it serve as a constructive ‘critical friend’, amplifies the voices and concerns of the public, is led by independent people who take responsibility for their role and that it drives improvement in public services.

In Parliament, scrutiny comes in different forms, from formal arenas to informal pressure. We often see the high profile, attention grabbing scrutiny, such as the recent questioning of the heads of MI5 and GCHQ. This grabs the headlines and can initiate change. Yet it can also be counter-productive. In a highly political and adversarial place like Parliament, such scrutiny may look like, and may be, an attack. The danger is that ‘political theatre’ and point-scoring can replace proper scrutiny that ‘voices concerns’. Moreover, such behaviour can provoke resistance rather than change.

Yet there is more informal, more subtle scrutiny. This may be picking up on gaps or pointing out mistakes. It is what the Centre calls the ‘critical friend’ approach-questioning but constructive. The legislative change around mobile homes in 2013, calmly pressured for by the Communities Select Committee, was a nice example of a more soft but successful approach. This is also an area where the House of Lords performs well, though it usually gets little attention, as Lord Norton points out here.

The Wright reforms of 2010 have strengthened Parliament’s scrutiny powers in numerous ways, giving backbenchers and Select Committees more power and control. However, problems remain, particularly in the involvement of the public where the new e-petitions site appears to have evoked sound and fury without too much to show. Other Parliaments such as the German Bundestag may offer a model.

Jessica pointed out that, closer to home, one place Parliament could learn from is local government. Since 2000 a series of reforms have sought to make local government scrutiny better (see this report). Local government is typically less partisan, managing to successfully balance voicing concern while remaining a critical friend. As with many areas, local government is also a site of experiments and public involvement. Jessica pointed to the success of Boston, where the controversial local issue of immigration was confronted through a wide ranging local government discussion with residents (see here and other examples here). Perhaps the future of scrutiny is local.

The department would like to thank Jessica for an interesting and thoughtful talk. Thanks also to Dr. Meg Russell for her help and input.  You can see Jessica’s blog and slides here and visits the Centre for Public Scrutiny here.