News

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?

Subscribe to Parliament Matters

Use the links below to subscribe to the Hansard Society's Parliament Matters podcast on your preferred app, or search for 'Parliament Matters' on whichever podcasting service you use. If you are unable to find our podcast, please email us here.

News / Parliament Matters Bulletin: What's coming up in Parliament this week? (9-13 September)

This is the last sitting week before Parliament adjourns again for a three week recess for party conference season. We will find out this week who will chair the Select Committees in the House of Commons and the members of the new Modernisation Committee will be appointed. Two of the five days of parliamentary business are likely to be dominated by debates on the Statutory Instrument to implement the Government's controversial changes to Winter Fuel Payments for pensioners.

08 Sep 2024
Read more

News / Inside the Private Members' Bill Ballot: 20 MPs win the legislative lottery - Parliament Matters podcast, Episode 46

The Private Members’ Bill (PMB) ballot for this Session has been drawn, giving 20 MPs the opportunity to introduce a law of their choice. Potential bills could include proposals such as assisted dying, but what are the real chances of success? We talk to PMB expert, Dr. Daniel Gover, to understand the value of these bills and what to watch out for in the coming months.

06 Sep 2024
Read more

Blog / Puberty blockers legislation: has the parliamentary calendar undermined accountability?

Before the General Election, the Government rushed through legislation - in the form of two Statutory Instruments - to temporarily restrict the supply of 'puberty blockers' to under-18s for gender dysphoria. One of those Instruments has now been the subject of a judicial review, before MPs have had any opportunity to consider it. Reasonable people can hold different views on the policy merits, but the way that a policy of such political and legal salience was implemented demonstrates some of the anomalies and weaknesses in the delegated legislation system – particularly how the parliamentary calendar can undermine MPs’ role in scrutinising such Instruments - and why the system needs reform.

09 Aug 2024
Read more

Briefings / Back to Business 2024: A guide to the start of the new Parliament

The new Parliament will assemble on Tuesday 9 July 2024, five days after the General Election. This guide explains the ceremonial, legislative, organisational and procedural processes that are engaged at the start of the Parliament.

03 Jul 2024
Read more

Support / 80th Anniversary Appeal: support our work to make Parliament more effective

The Hansard Society was founded on 2 August 1944 by MP Stephen King-Hall with initial financial support from Winston Churchill and Clement Attlee. The Society was established to spark interest in and spread knowledge about the proceedings of Parliament. Our founders believed that a deeper understanding of Parliament was crucial if the institution was to be protected for future generations and made more effective. Our name was inspired by their view that making Hansard – the record of parliamentary debates – more accessible would be a public service.

11 May 2024
Read more