2.2.3 – The Legislative Process
The King’s Speech takes place nearly annually in the Palace of Westminster during the State Opening of Parliament. It is one of the showpiece events of the British state. However, this year’s was rather surreal. This is because it is unclear who will be Prime Minister when the King’s Speech is expected to be put into action.
The State Opening of Parliament is the point that formally marks the beginning of a new Parliamentary Session. Prior to the Monarch arriving, the cellars of the Palace of Westminster are searched. This is now a ceremonial task, but it dates back to the 5th November 1605 when Guy Fawkes attempted to kill King James I at the State Opening of Parliament by placing gunpowder in the cellars. Then, the Monarch will arrive at the Sovereign’s Entrance, normally after a horse-drawn procession from Buckingham Palace. The Monarch will then make their way to the robing room to put on the regalia of state. The Monarch will then walk in a procession to the throne of the House of Lords where they will take their seat.
Following this, Black Rod will be sent to summon the members of the House of Commons to the House of Lords. At this point an important example of constitutional symbolism takes place. As Black Rod approaches the chamber of the House of Commons, they have the door theatrically slammed in their face. This is to symbolise the independence of the House of Commons from the House of Lords and is done in remembrance of the fact that in 1642 Charles I stormed into the House of Commons in order to arrest five members of Parliament.
Famously, the former republican Labour MP for Bolsover, Dennis Skinner, had a reputation for making a quip at the expense of Black Rod (and the Monarch), before keeping his seat in the Commons and refusing to attend on the Monarch. In this spirit, this year when Black Rod knocked on the door of the House of Commons, someone called out ‘Not now Andy’ – a reference to Andy Burnham’s desire to get back into the House of Commons.
The King’s Speech is the speech that is read out from the throne in the House of Lords. However, whilst it is called the King’s Speech, it is written by the government and the Monarch has no input into it. The speech lays out the legislative plans of the government for the upcoming Parliamentary session. The delivery of the King’s Speech is a theatrical event. However, it has a wider constitutional significance. Following the speech, there will be five days of debate on it. During this time there will be no other parliamentary business unless it is deemed exceptional. In addition, votes on the King’s Speech are treated as confidence motions. If a government cannot produce a majority in the House of Commons on the King’s Speech, it will not be seen as having the confidence of the House of Commons and this could force the resignation of the government and a new general election. Consequently, all votes on the King’s Speech are given a three-line whip by the Government. As a result of this, it is exceptionally unlikely the government will lose a vote on the King’s Speech. Indeed, the last time it happened was in January 1924 when Stanley Baldwin’s minority government was defeated by 328-251 on an amendment to the King’s Speech. Baldwin subsequently resigned and Ramsay MacDonald formed the first Labour government.
In this year’s King’s Speech the Government set out thirty-seven legislative plans. These included:
Steel nationalisation – Brings British Steel into public ownership, with a public interest test for the transfer and powers to determine independently assessed compensation.
Northern Powerhouse Rail – £45bn to upgrade lines east of the Pennines (delivery in the 2030s), build a new Liverpool–Manchester route via Warrington and Manchester Airport, and improve cross-Pennine links.
Leasehold reform – Bans new leaseholds for flats, caps ground rents at £250/year, and creates a proper legal framework for commonhold so flat-owners get full freehold ownership without third-party landlords.
Votes at 16 – Extends voting rights to 16- and 17-year-olds in all UK elections, broadens accepted voter ID, tightens rules on political donations, and strengthens the Electoral Commission.
Police Reform – Creates a new National Police Service for the most serious crimes, merges forces into fewer larger ones with Local Policing Areas, abolishes Police and Crime Commissioners, and gives facial recognition a legal framework.
Notably, politics stopped for the day of the King’s Speech. Senior politicians did not want to embarrass the King by politicking on the day he attended Parliament. However, it is inescapable that the value of the King’s Speech this year is in question due to people not knowing whether an incoming Prime Minister, if that occurs, will want to be tied to this legislative agenda. This made the whole day rather surreal.