Key facts
- Morgan McSweeney said quasi-judicial processes stop wider cabinet discussion and prime ministerial input on national issues.
- McSweeney called for the 'thicket of rules' governing the prime minister to be cleared away and the powers codified.
- He said Starmer was advised not to send cabinet ministers letters setting priorities and seeking progress updates.
- McSweeney said constitutional democracy was under pressure from both abuse of power and governments failing to deliver.
- He did not draw on specific examples, the report said, though energy secretary approval of oil and gas fields is one such power.
Morgan McSweeney, who served as Keir Starmer's chief of staff until earlier this year, told the House of Lords constitution committee on November 11, 2026, that "quasi-judicial processes" were stopping wider cabinet discussions and input from the prime minister on issues of national importance. He said such processes were obstructing government work.
McSweeney did not draw on specific examples, according to the report. It noted that one key quasi-judicial decision under Starmer was Ed Miliband's role in determining the future of the Rosebank and Jackdaw oil and gas fields, which were subsequently put in the hands of his successor as energy secretary, Miatta Fahnbulleh. The then housing and local government secretary, Steve Reed, also had power to decide whether to approve a new Chinese super-embassy in east London.
McSweeney called for the "thicket of rules" about how the prime minister operates to be cleared away. He cited Starmer being advised he should not issue letters to cabinet ministers setting out their priorities and asking for progress updates as it was against convention.
He said constitutional democracy was under pressure not just from the threat of abuse of power but also from the failure of governments to deliver the programs on which they were elected. Rules that prevent abuse of power should be kept, he said, while others should be looked at in the round, including their cumulative effect. He suggested the prime minister's powers should be codified by being written down.
McSweeney quit in February because of his closeness to the decision to appoint Peter Mandelson as US ambassador. He admitted in an interview earlier this year that Labour had not been prepared enough for government or for the volatile world when Starmer took office.