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Inside the hidden world of law-making: A conversation with Nikki da Costa - Parliament Matters podcast, Episode 45

16 Aug 2024
©House of Commons
©House of Commons

How is a King’s Speech crafted? What really happens behind the doors of the Parliamentary Business and Legislation Cabinet Committee? How have parliamentary tactics on legislation evolved and what new tactics might MPs employ when facing a Government with such a commanding majority? In this episode we discuss the art and strategy of law-making with Nikki da Costa, former Director of Legislative Affairs for two Conservative Prime Ministers in 10 Downing Street.

Nikki shares her expert analysis of Labour’s recent King’s Speech, dissecting the potential pressure points and what it reveals about Labour’s strategy with their overwhelming majority. We get her insider’s perspective on how departments compete for legislative slots, the pivotal role civil servants play in helping a new Government prepare its legislative programme, and the Prime Minister’s influence in shaping the legislative agenda.

As Parliament gears up for a busy Session this Autumn, Nikki provides valuable insights into how the Parliamentary Business and Legislation Committee determines whether a bill is ready to be presented to Parliament and the complex drafting and preparation required to bring these bills to life.

We also explore whether Labour, with its commanding majority, still needs a dedicated parliamentary management unit like the one Nikki led under Theresa May and Boris Johnson.

How have parliamentary tactics evolved since Labour last held a similar position in 1997? Nikki explains how MPs have increasingly adopted sophisticated parliamentary strategies to craft amendments to leverage media attention, and what this could mean for Labour's ability to manage its legislative agenda.

With Labour not in command of a majority in the House of Lords, we discuss how this could impact their legislative efforts and whether they need to strengthen their presence in the Upper House to ensure their bills pass smoothly.

Nikki and Ruth also dive into the complexities of delegated legislation, examining the increasing reliance on Statutory Instruments and the potential consequences if Parliament were to begin to push back against them.

Finally, we turn our focus to the Opposition. Nikki offers her game plan for how they can maximise their impact in Parliament despite limited resources. Is it still worth engaging in the kind of late-night ambushes and procedural tactics that were once commonplace?

Tune in for a compelling look at the intricate world of law-making, as Nikki da Costa pulls back the curtain on the processes, strategies, and challenges that shape the legislative landscape.

©

Nikki Da Costa

Nikki da Costa served as the Director of Legislative Affairs in 10 Downing Street, first for Prime Minister Theresa May (September 2017-November 2018) and then again for Prime Minister Boris Johnson (July 2019 to August 2021). She has worked in public affairs for Cicero Group and Flint Global as well as managing her own consultancy. In 2020 she was recognised as one of the 100 most influential women in Westminster by The House Magazine. More recently, she advised the Minister for Women and Equalities, Kemi Badenoch MP and was the Conservative Party candidate for North East Hertfordshire at the General Election in July 2024.

  • What does Labour’s recent King’s Speech reveal about their strategy and what are the potential pressure points?

  • How do government departments compete for legislative slots, and what role do civil servants play in preparing a new government’s legislative program?

  • How does the Prime Minister influence the shaping of the legislative agenda?

  • What criteria does the Parliamentary Business and Legislation Committee use to determine whether a bill is ready to be presented to Parliament, and what preparation is involved?

  • Does Labour, with its overwhelming majority, still need a dedicated legislative affairs unit similar to those under Theresa May and Boris Johnson?

  • How have legislative tactics in Parliament evolved, and how are MPs adopting sophisticated strategies to craft amendments and leverage media attention?

  • How might Labour’s lack of a majority in the House of Lords impact their legislative efforts, and do they need to strengthen their presence in the Upper House?

  • What are the complexities surrounding delegated legislation, and what could happen if Parliament begins to push back against the increasing reliance on Statutory Instruments?

  • How can the Opposition maximize their impact in Parliament despite limited resources?

Hansard Society

Please note, this transcript is automatically generated. There are consequently minor errors and the text is not formatted according to our style guide. If you wish to reference or cite the transcript copy below, please first check against the audio version above. Timestamps are provided for ease of reference.

[00:00:00] Intro: You are listening to Parliament Matters, a Hansard Society production, supported by the Joseph Rowntree Charitable Trust. Learn more at hansardsociety.org.uk/pm

[00:00:18] Ruth Fox: Welcome to Parliament Matters, the podcast about the institution at the heart of our democracy, Parliament itself. I'm Ruth Fox

[00:00:24] Mark D’Arcy: And I'm Mark Darcy. Coming up:

[00:00:27] Ruth Fox: We've got a special August bonus episode where we talk to former Director of Legislative Affairs, Nikki da Costa, who served two Prime Ministers in Number 10 Downing Street.

[00:00:35] Mark D’Arcy: So brace yourself for a deep dive into the hidden world of law making, the world of the fabled PBL committee, that's Parliamentary Business and Legislation, which chooses what goes into a King's Speech, and indeed chooses whether it'll go for primary legislation, a full dress parliamentary Bill, or secondary legislation, regulations and orders made under existing laws. Okay, let's listen.

[00:01:08] Well, Ruth and I are very lucky to be joined on the pod today by Nikki da Costa, who used to head up the legislative operation in Downing Street under a series of Conservative prime ministers. She's here to give us an expert view on Labour's King's Speech and discuss how it's going to play in Parliament and indeed what it tells us about how Labour sees Parliament with its massive majority.

[00:01:30] So, Nikki, first of all then, the King's Speech, it's quite a big programme of legislation, but not unprecedentedly so. What are the pressure points that you see in it?

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