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 / Assisted dying bill - special series #16: The Bill makes its debut in the House of Lords - Parliament Matters podcast, Episode 106

As Peers embark on a marathon two-day Second Reading debate on the Terminally Ill Adults (End of Life) Bill – the measure that would legalise assisted dying in England and Wales – we are joined by former Clerk of the Parliaments, Sir David Beamish, to decode the drama. With more than two hundred members of the House of Lords lining up to speak, Sir David explains why, despite the intensity of the arguments, no one expects the Bill to be rejected at this stage. Instead, the real fight will come later, after Peers get into the clause-by-clause detail and see what defects can be remedied. Please help us by completing our Listener Survey. It will only take a few minutes.

13 Sep 2025
Read more

Briefings / The assisted dying bill: A guide to the legislative process in the House of Lords

Having passed through the House of Commons, the Terminally Ill Adults (End of Life) Bill - the Bill to legalise assisted dying in England and Wales - must now go through its legislative stages in the House of Lords. This guide explains the special procedures for legislation in the House of Lords, and for Private Members’ Bills in particular. It answers some frequently asked questions, including how Peers might block the Bill, and gives an explanation of each stage of the process, from Second to Third Reading.

10 Sep 2025
Read more

Briefings / Delegated powers in the assisted dying bill: Issues for the attention of the House of Lords

Like many pieces of primary legislation, the assisted dying bill leaves much of the practical and policy detail to be worked out later by Ministers through regulations. After the Bill’s Second Reading in the House of Commons, we published a briefing which drew attention to two of its delegated powers. But since then the Bill has been heavily amended, prompting new questions: how have its delegated powers evolved, do these changes strengthen or weaken the approach to the delegation of ministerial power, and are further amendments needed and if so, why?

29 Aug 2025
Read more

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 8-12 September 2025

The Assisted Dying Bill has its Second Reading in the Lords, while in the Commons the Chancellor and Defence Secretary are among the Ministers facing questions. MPs also begin work on the Diego Garcia Military Base and British Indian Ocean Territory Bill and three other bills, on renters’ rights, bus services and pensions. Peers will examine bills on border security, planning, and children’s wellbeing, and will debate an Order to facilitate earlier prisoner deportation. Lisa Nandy appears before the Culture Committee, Lord Hermer before the Constitution Committee, and there is a pre-appointment hearing for the Registrar of Consultant Lobbyists. MPs debate two e-petitions on indefinite leave to remain, and Sharon White, the former boss of retailer John Lewis, is formally introduced to the House of Lords. Note: The Ministers identified in this Bulletin may change following the Prime Minister’s reshuffle of the Cabinet and junior ranks. ❓ We value your thoughts. Please click here to let us know what you think of the Parliament Matters Bulletin in our reader survey.

07 Sep 2025
Read more

News / Is Parliament at the root of the country's problems? - Parliament Matters podcast, Episode 105

Does Parliament itself lie at the root of some of Britain’s political and economic difficulties? Lord Goodman argues that it does and so makes the case for urgent parliamentary reform. This week we also examine the implications of a Downing Street reshuffle that has created a “Chief Secretary to the Prime Minister,” raising new questions about accountability in the Commons. The discussion ranges from Angela Rayner’s uncertain position, Nigel Farage’s controversial US appearance, and the Greens’ leadership contest, to the growing use of artificial intelligence in parliamentary work. Please help us by completing our Listener Survey. It will only take a few minutes.

05 Sep 2025
Read more