1. Making minority government work
Professor Robert Hazell
The Constitution Unit, University College London
IPPL conference, Toronto
13 November 2009

2. Minority government

3. UK experience of minority and coalition government
20 governments in C20 at Westminster
5 were coalition governments
5 were minority governments
No experience of coalition government since 1945
Last experience of minority government
Minority government seen as unstable, ineffective, incoherent and undesirable

4. Lessons from minority government in other Westminster parliaments
Canada: 10 minority govts in C20, 3 this century
New Zealand: 5 minority governments since 1996, mostly coalitions, or with supply and confidence agreements with minor parties
Scotland: minority government since Wales and
Australian states and Canadian provinces

5. Recent Lessons from minority government in Canada
Major parties still hope to gain an overall majority
PM Harper governed in majoritarian way
Requests to Governor General to dissolve Parliament in Sept 2008 and prorogue Parliament in December
Government has got most of its legislation through
Media portray minority government as inherently unstable
Would the Liberals in a new minority parliament choose to form a minority government?

6. Lessons from minority government in New Zealand
Parliament is less executive dominated, but no less party based. Tight whipping and caucusing
Stronger Select Committees, which divide time 50:50 between legislation and inquiries
Minor party ministers are not bound by collective responsibility, but are bound by confidentiality
Strong civil service guidance on constitutional conventions in the Cabinet Manual

7. Lessons from minority government in Scotland
SNP government viewed as stable and successful
Little legislation: half previous output
Government has to construct coalition of support for each bill
Scottish Parliament has not filled the gap, despite committees’ power to initiate legislation
Opposition parties have not wanted to trigger early election. Two thirds threshold for dissolution

8. Lessons for Prime Minister and government
Do not govern in a majoritarian way
Accept likelihood of frequent parliamentary defeats
Prepare media and public for these defeats, so not seen as issues of confidence
Set out clear strategy and long term goals
When advising the Crown, put aside party interest

9. Civil Service must be prepared
For caretaker government, with clear caretaker convention
To support negotiations between the parties
For different possible combinations of minority and/or coalition government
For relaxation of collective Cabinet responsibility, but not confidentiality
To develop a clear set of rules to which all players subscribe

10. Lessons for Parliament
Parliament cannot make policy, or force government to do anything against its will
Relax government domination of the timetable?
Government legislation won’t diminish. But its passage will take longer, and it will be more heavily amended
Budget still dominated by government. Opposition parties will negotiate changes, need expert support
Contested procedural rulings, pressure on Speaker

11. Lessons for the opposition parties
Lack of government majority does not mean there is an opposition majority
Difficult to coordinate ‘the opposition’ against the government, or bring government down
Can influence government policy through bilateral deals
Hold out for stronger research and policy support
Consider supply and confidence agreements to preserve parties’ distinct identity

12. Lessons for the Crown
Mystique about government formation risks drawing Crown into controversy
Need clear rules to explain it is not Monarch’s role to form a government, or facilitate negotiations
Decision to form a government must be reached by politicians
PM then advises who can command confidence
Investiture vote to elect new PM would be more direct test of confidence than Queen’s Speech

13. Lessons for Westminster?
Minority government strengthens Parliament vis-à-vis the Executive
Government has to construct majorities for each bill
Tighter whipping likely in the Commons
Pressures on Speaker: procedural motions, tied votes
Could increase prospects for parliamentary reform, but only if support parties promote that agenda
House of Lords is already chamber with no overall control. Government defeated in one third of votes in the Lords

14. Minority government can work if
It has confidence and supply agreements with support parties
It can build legislative coalitions with different parties on different issues
The opposition parties are encouraged to behave responsibly, and supported in parliament to do so
It is not frightened of an election, and is doing well in the polls
The PM does not seek to govern in a majoritarian way

15. For our research on minority and coalition government contact
Professor Robert Hazell
Akash Paun
Mark Chalmers
Ben Yong