In this episode of Election 2026, Senior Associate Mark Calderwood is joined by Partner Briony Davies and Special Counsel Daniel Fielding. They explore how government decision-making is shaped during an election year, focusing on the pre election period of restraint and the post election Caretaker Convention. The discussion highlights why these conventions matter for those engaging with government, and outlines the practical implications for policy development, legislative activity, and public sector decision-making.
[00:05] Mark introduces the episode and its focus on election year constraints on government decision-making. Briony outlines the practical importance of the topic, noting strong client interest in how these conventions affect engagement with government across sectors.
[02:10] Daniel explains the key structural changes during an election year, including reduced Cabinet decision-making capacity before the election and the operation of the Caretaker Convention afterwards. He emphasises the need for early planning to progress matters ahead of these constraints.
[04:11] Briony discusses the pre election “period of restraint”, clarifying that while governments retain full authority, they typically limit significant decisions. Practical examples illustrate how this convention operates, particularly in relation to appointments.
[06:12] Daniel outlines the Caretaker Convention following an election, including its two forms depending on whether the outcome is clear. He explains the expectation that outgoing governments avoid major decisions and, where necessary, act on the advice of the incoming administration.
[08:21] They discuss situations where election outcomes are uncertain. Daniel describes the need to defer or manage significant decisions cautiously, while Briony explains how the convention influences public sector conduct and requires careful judgment across agencies.
[10:09] Briony outlines how ministers approach decision-making during the caretaker period, often seeking guidance or exercising caution. Daniel adds that Official Information Act processes continue as usual, subject to limited exceptions where consultation may be required.
[13:42] Briony explains how parliamentary processes change in an election year, including reduced sitting time, constrained legislative opportunities, and shorter consultation windows. She notes the resulting pressure on the legislative programme.
[15:01] Daniel provides practical guidance for engaging with the legislative process during this period, emphasising the importance of early preparation, monitoring of bills, and developing clear policy positions to respond within tighter timeframes.
[16:54] They finish up discussing practical strategies for influencing outcomes late in the parliamentary cycle, including seeking cross party support and focusing on regulatory or secondary legislative changes where possible, given limited capacity for new policy development.
Information in this podcast is correct as at the date of recording, 9 June 2026.
Please contact Briony Davies, Daniel Fielding, Mark Calderwood or our Public law team, if you need legal advice and guidance on any of the topics discussed in this episode.
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