In a speech introducing his political agenda, the (in-all-likelihood) future Prime Minister Andy Burnham discussed changes to the whipping system in Westminster, with promises of “letting MPs be authentic representatives and not using the whip system to create fear or close down debate”.

This is a theme he covered at more length in his book (co-authored with Steve Rotheram) Head North. Their argument is that the whipping system fits into the wider problem of centralisation in British politics, where tight central control over how MPs vote moves power towards an even smaller number of people, who make worse decisions because the wider expertise of the party’s MPs are excluded from the process. Moving power away from MPs throws away the knowledge of place that those MPs represent. 

Here are three practical reforms to parliamentary whipping that address this complaint:

• Define the whip – give a clear scope and bounds to acceptable and unacceptable approaches
• Co-produce the whip – involve the parliamentary party in shaping the party line
• Publish the whip – produce clear public justification for voting instructions

These are reforms that can be implemented by any party without changes to parliamentary processes, but would be improved by changes to parliamentary processes to entrench and support them. 

What is the whip?

In the House of Commons, most votes are “whipped”, meaning MPs are expected to vote in accordance with the instructions the party has given.

There are different schools of thought on what the balance should be between parties and MPs. MPs are elected as individuals, but usually as part of a party with manifesto promises. As such, party discipline is not inherently illegitimate: there is a democratic argument that parties act as an intermediary that can keep their MPs aligned with the public mandate they got in the election. 

In this argument, MPs acting as completely free agents is bad for public accountability. Unlike parties, voters have no mechanisms between elections to keep MPs aligned with election promises, and very poor ones at elections, which work better as an informed choice between party agendas rather than 650 separate elections. 

That said, there is a big gap between this justification for the whip and how it works in practice. Burnham’s complaint is that in practice the whip is not forcing unruly MPs in line with their constituents: it’s doing the opposite. Party discipline goes far beyond just issues that were part of the manifesto and centralises decision making power in ways that make how MPs vote more distant from their constituencies:

“The minute [MPs] walk through the door to take their seats, the power given to them by the public is removed and effectively handed to a small number of their elected colleagues and many more unelected advisers who set the party lines and positions for which they are required to vote. 

“As a result, the whip system disempowers MPs, diminishes their status and, over time, disconnects them from their constituents. It makes you say things you’re not sure about and vote for things you don’t believe in. At its worst, the whip system unfairly makes good people seem like frauds.” 

There is room for these different perspectives on the whip to be reconciled through approaches that remain disciplined and cohesive, but that are also more transparent and emerge from more collaborative approaches to politics. 

Define the whip

A simple first step would be to write down what the expected “bounds” of party management are. 

This would be a statement that itemises political consequences the whip may impose (e.g. an ongoing pattern making it less likely that an MP will be chosen for government roles), versus approaches to party discipline on voting that would not be acceptable (such as denying absence slips, suspension from the party, losing funding for constituency projects, or intimidation). 

This could also set the scope for when the party has the clearest legitimate interest in whipping (votes related to manifesto issues), and confirm rules that there are certain votes (conscience votes, votes on house matters) where either the party might not take a position, or where there are no sanctions attached to not following that position. 

This should be an easy win, and is mostly restating what should already be good practice, or returning to an earlier set of norms. As Philip Cowley notes there’s been a substantial increase in MPs being suspended from the party for voting against the whip, with none in ten years of the Blair government compared to eleven in the first year of the Starmer government. A statement returning to that Blair-era norm would be a substantial reset in relations between the leadership and the parliamentary party. 

Writing the rules down is also part of making Parliament more normal. The “Whips” are a combination of what could boringly be called “party managers”, and a more secretive role, where the ambiguity allows them to contribute to the worst aspects of Parliamentary culture. The threats, bullying and blackmail are always said to be a thing of the past, but where “the past” becomes ever more recent as new stories surface. Greater transparency helps shift this balance, establishing party managers as a legitimate part of the Parliamentary system, whose actions are aligned with an effective and professional working culture. 

This step would, however, not be enough to address Burnham’s objections to the outcomes of the whipping system. To engage with the substance of the complaint means changing not just how whips behave, but how the decisions on the party line are made. 

Co-produce the whip

The substance of Burnham’s complaint is not just that he was told what to do, but he was told to do the wrong thing because the parliamentary party was not involved in setting the policy. 

As he put it, “the government I served in would have helped itself if it had trusted the majority feeling in the [Parliamentary Labour Party] rather than continue to force on it the preferred position of a small number of people at the heart of government.” What we need are approaches that mean the parliamentary party is more involved in setting the line it is then expected to follow. Here we can look to the German Parliament for useful approaches. 

The “free mandate” of German MPs to vote in accordance with their conscience is constitutionally protected. However, in practice, this ends up in a very similar place to the UK Parliament, where MPs almost always vote along party lines. The big difference between these systems is that in Germany the “party line” is not purely dictated by the leadership, but emerges from processes involving party MPs. 

In the German system, MPs in each party form working groups that shadow parliamentary committees. These are substantial policy-making bodies for the party, provided with parliamentary resources and researchers to support their work. 

If we shifted towards a similar system, MPs would develop deeper policy expertise and be more directly involved in shaping the party position on that area or piece of legislation, while MPs not part of that area defer to the process and wisdom of their more engaged colleagues. This reflects the party discipline that is important to clear lines of accountability to voters, while addressing the complaint that centralisation of decision-making throws away the intelligence and moral sense of MPs. 

Aspects of this happen already, and a step a new government could take is to take more formal notice of working groups, encouraging them to form through expectations that the whips office and ministers will engage with them. In time, more parliamentary resources could be made available to parties to support these groups. Another intermediate approach would be to allow the parliamentary party to select its membership on public bill committees, which in theory review legislation but in practice the whips select against members with specialisms in the area to maintain central control of the process. 

MPs are responsible for how they vote, but are judged collectively. The goal for MPs should be higher than the right to say “I didn’t agree with that decision”. This might be satisfying personally, but doesn’t help the people affected by bad decisions (and is unlikely to be electorally rewarded). The goal is to advocate and demand processes that lead to good collective decisions. 

Whether that’s the German model, an evolution of bill committees or something entirely new, the question is not just how we move away from centralising structures, but what new ones we need in their place that act as a counter pressure to government departments in the legislative process. 

Publish the whip

If parties are going to instruct MPs how to vote, they should tell us they’re doing that. Obviously we know in the abstract that most votes are whipped, but in the public record only the votes of individuals are visible.

It’s not that knowing the party instructions would excuse a bad result (MPs are ultimately responsible for how they vote), but it would play an important public education role in both how Parliament works and the quality of the decision making process. 

One of the long running effects of TheyWorkForYou has been to encourage MPs to make more public justifications of how they vote. Publishing the whip would be an extension of that, encouraging parties to make full descriptions of their reasons for votes. This would be a good incentive to move towards a more co-produced process, where the work of producing recommendations has public as well as internal outputs. 

We think greater transparency is the friend of better processes — helping draw power away from centralised and secretive processes towards those that need to explain and justify themselves in public. It’s also popular: 62% of the public agreed that parties should be public with how they instruct their MPs to vote. Committing to publish the whipping information would represent a public commitment to a new way of working, that helps encourage and entrench better practice. 

Building what comes next

Party discipline is a key feature of modern parliamentary democracy, but the specifics of “the whip” in the House of Commons are not. It has changed over time, and can be changed again.  Other places do things differently, and we can look there for ideas about how things can change.

The challenge for Burnham (and for Labour MPs who want to seize the opportunity) is to go beyond just minimising the drawbacks of the current system. What’s needed is to define the new institutions and processes that deliver the goals of a collaborative approach to politics, making the most out of the judgement and skills of MPs, to raise the standard of how decisions are made in Parliament. 

 

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