Constitutional Reform

1. Constitutional Reform

2. The constitution under pressure. • For much of the 20th century there was a broad political consensus supportive of the constitution and the key institutions of the UK state • The constitution evolved in a largely peaceful and democratic fashion However! At times the constitution was the focus of political dispute....... Early 20th century • Irish Question- a civil war nearly broke out • A constitutional crisis arose when the House of Lords refused to support the liberal governments budget of 1909

3. 1970s • Brought further changes to the constitution – Decline of the two party system, troubles in Northern Ireland and EEC membership • Conservative politician Lord Hailsham warned that the executive dominance of the legislature created an ‘Elective Dictator ship and proposed a codified constitution • Lord Hailsham served as Lord Chancellor three times. He coined the term ‘Elective Dictatorship’ in 1976 to describe the concentration of power in the executive branch • It implies that the government can do what ever it wants because of parliamentary sovereignty • The government dominates in parliament- All of government bills passed because of the nature of the FPTP system which invariably produces strong one party government • Parties entering government systematically overturned the policies of their predecessors, creating instability • Hailsham advocated Proportional Representation as a remedy http://www.youtube.com/watch?v=44_ij0AlT-4

4. Changes under Thatcher and Major. • Conservative governments under Thatcher (1979-1990) and John Major (1990-1997) had important constitutional Consequences. 1. There was a further centralisation of power 2. Refused demands for Scottish Devolution 3. FPTP enable the conservatives to carry out radical reforms having won four elections without securing a majority of the popular vote 4. Government institutions were replaced by QUANGOS 5. Nationalised industries were privatised 6. Public trust in parliament decreased as sleaze cases hit the headlines

5. Constitutional reform • The constitution has become an important issue in recent years • Since 1970 several groups have suggested that the constitution should both be changed and written clearly down (codified). • Pressure groups such as Charter 88 (Unlock Democracy), the Liberal Democrats and the Labour party in favour of constitutional reform • Why? • Growing dislike over UK election methods-unfair • No party since the war has had a majority of the electorate vote for it • Growing demands from Scotland, Wales and Northern Ireland for less control from London • Dislike of the role and influence of the House of Lords and the monarchy • Changes brought about by membership to the EU

6. Labour-Reform • For much of its history Labour party had viewed constitutional reform as a unwelcome distraction for its main goal of improving conditions for the working class • However in the 1990s Labour began to rethink on the issue of constitutional reform • Neil Kinnock, John Smith and Tony Blair transformed the Labour party into a ‘modernising force’ part of which they saw it as important to make constitutional reforms- New Labour slogan created New Labours reform focuses on a number of key themes • Modernisation – Institutions such as parliament, the executive and the civil service were using outdated and inefficient procedures • Democratisation- Participation in the political process would be encouraged though electoral reform and greater use of referendums • Decentralisation – Decision making powers would be devolved to new institutions in Scotland and Wales, role of local government was to be enhanced • Rights- the rights of citizens would be strengthened and safe guarded

7. Labour’s reforms • When Labour came to power in 1997 they had promised constitutional reform in their manifesto We will propose appropriate Parliamentary reforms to ensure that the House of Commons conducts its business more efficiently and effectively, taking into account the benefits of modern technology, the increasing constituency demands upon Members of Parliament and the need to attract more women to stand for election."

8. (1) Human Rights Act THE HUMAN RIGHTS ACT 1998 • In 1998 the Labour party incorporated the European Convention of Human rights into British law (in 2000) Why did they do this? • Desire to bring British Constitution in line with the rest of Europe • The increase powers of the police and courts which has occurred in the 1980s and 1990 were seen as a major threat to out rights • British government had been brought before the ECHR more than 50 times since 1966 and lost most cases –embarrassment for the government • New Labour stressed the idea of ‘Active Citizenship- citizens have responsibilities to their communities and to the country as a whole • Part of devolution settlements- all assemblies should be bound by the Human rights act –devolution would not threaten citizens rights

9. HRA- Impact • Radical Constitutional reform – first example of codification of rights in British History (not since Magna Carta 1215) • Huge advance in protection of individuals against the power of the state • HRA can be effective in protecting citizens rights- Belmarsh Case (2005), 2012- Abu Qatada • UK government must consider the HRA before making legislation • Some argue it didn’t go far enough • Preserved Parliamentary Sovereignty- Parliament not bound by HRA • If fails to prevent concentration of power at the centre- it could have provided a major check of government power

10. Parliament HOUSE OF LORDS REFORM • 1997 it was clear to Labour party that reform of the House of Lords was needed • It was no longer acceptable in a modern democracy for part of the legislature to be based on hereditary peerages. Labour favoured removal of all hereditary peers and replaced by people who were appointed. However opposition to this forced them to compormise • In 1999 the number of hereditary peers was reduced to just 92. This made the second chamber more democratic • It also removed the conservative majority in the HoL • Labour intended to go further – to change the composition of the House of Lords • THIS WAS REFERED TO AS ‘STAGE 2’ • Several attempts were made – however MPs rejected lords reform • By 2008 the government had failed to agree on a new structure of the chamber –whether to leave the HoL as it largely is- fully appointed but without any hereditary peers OR fully elected OR a combination of both. -This issue remains unresolved following the May 2010 General election

11. HOUSE OF COMMONS REFORM • There has been limited reform of the House of Commons 1. Departmental select committees powers have been strengthened –greater independence 2. Prime Ministers Question Time -In 2007 Gordon Brown did propose a more radical shift in the balance of power away from the Prime Minister and the government and towards the commons, but the changes were never implemented However- These changes were limited and did not alter the balance of power and executive dominance of parliament

12. Electoral reform • New Labour- wanted electoral reform • Labour was committed to modernising Britain’s constitution- the old electoral system was beginning to look out of date • Some members of the Labour party suggested that the UK had become fundamentally undemocratic • However most of the Labour party remained divided- Plant commission set up- they suggested reform and to adopt AMS • Tony Blair was less convinced however in the 1997 Labour manifesto he promised a referendum on the issue. • However when Labour won by a landslide (the biggest in history) no referendum was forthcoming-Instead they commissioned the Jenkins Report • The landslide election victory for Labour gave less of impetus to change FPTP -Jenkins favoured adopting AV+ for General elections . The party leadership demonstrated little enthusiasm for his proposals and shelved the issues • Labour largely ignored the issue of reform for General elections –however they introduced other electoral reforms

13. Labour has introduced other types of electoral systems for other elections (Proportional representation) • Single Transferable vote is used in Northern Ireland to reflect the diverse range of groups • Additional Member System is issued in Scottish parliament, Welsh Assembly and Greater London assembly elections –resulted in collations in Scotland and Wales –If FPTP was used the Labour would have won comfortably-However their aim was to disperse power away from West Minister • Regional List system is used for European Parliament elections – result is more proportional, smaller parties have won seats as a result (UKIP and BNP). Has been criticised because a closed list system is used • Directly elected mayors –SV system is used

14. Introduced propositional systems for devolved assemblies • Failed to reform electoral system for general elections despite several reports/recommonedations

15. FREEDOM OF INFORMATION ACT • Lack of citizens right to obtain publicly held information was one for the features of the British constitution which lagged behind most other EU countries • Labour supported by the Lib Dems made a firm commitment to introduce such measures What is Freedom of Information? • Gives the right to citizens to see information that is held about them by public bodies –Government, Schools, medical bodies and other institutions • Right to see documents and reports that are held by government and its agencies –right of public to see the workings of government -Ability to suppress information would be limited -in theory this represents a major move towards a more open government Freedom of Information

16. The Freedom of Information Act (2000) gives individuals a general right of access to personal information held about them by public bodies • But also in theory it also allowed the right to see documents and reports held by the governments and its agencies –allows the public, media and parliament to see the inner workings of government. Would have led to more open government and put an end to excessive secrecy in the government. • 2008- request under FOI for publication of MPs expenses was granted • Politicians, Journalists and citizens have used the Act to gain access to information on matters such as government policy, the activities of local authorities and police forces, school inspections and the performance records of hospital surgeons -However there are a number of exceptions. • Information can be withheld on grounds of national security or public safety • 2009 the gov exercised it’s right to veto a decision by the information tribunal that the minutes of cabinet meetings concerning the legality of the 2003 invasion of Iraq should be released

17. Allowed citizens greater access to information held about them • Has overruled the government – 2008 expenses scandal • Final bill heavily watered down –allows government to withhold information it they felt it prejudiced the activities of the government The Freedom of Information Act has proved to be one of the most important constitutional reforms of recent times

18. Local Government • Before 1997 election Labour showed an enthusiasm for reform of Local Government –However this enthusiasm was short lived • Labour offered several Cities, Towns and districts the opportunity to have directly elected mayors following a local referendums however very few held referendums (only 11 by 2005) • Local authorities were also given the opportunity to change to a ‘cabinet’ system of government –involves creation of a central cabinet of leading councillors making key decisions and setting general policy -However take up for these cabinet governments has been patchy

19. Referendums and Political parties • -The Political Parties, Elections and Referendum Act (2000) established an independent Electoral Commission to administer elections and referendums , set a limit on campaigning expenditure by political parties and required parties to disclose donors and donations • The labour party has created a general consensus that a referendum would be held if any power was transfer away from central government, or on power upwards to the EU • Before Labour party swept to power in 1997 there had been only 3 referendums, during New Labour there has been over 30!

20. Judicial Reform • The constitutional reform Act (2005) focused on judicial reform –Tackled three major issues 1. General consensus that there needed to be a greater separation of power between senior members of the Judiciary and the government • In the past the role of Lord Chancellor has been ambiguous • He was a cabinet minister and a senior member of the governing party • At the same time he was head of the judiciary and presided over the proceedings of the House of Lords THIS PLACED HIM IN ALL THREE BRANCHES OF GOVERNMENT! • The Lord Chancellor may claim he understands the difference between his NEUTRAL judicial role and his POLITICAL role a cabinet minister may suggested that one role would interfere with another • Perception of lack of independence had to be addressed • The judicial role of the Lord Chancellor was abolished

21. 2. Another issue which the 2005 act dealt with was the issue o the House of Lords been the highest court of appeal • The senior ‘Law Lords’ (usually in groups of 5) would hear important appeal cases, often with great political consequences • There was criticism of this process- that it was no appropriate that members of the legislature should also be the highest level of the judiciary • It was vital that politics and law should remain separate • On 1st October 2009 the UK Supreme Court was created • 12 Supreme Court Justices • The new courts has the same powers as the old court of appeal had • Has shown early signs that it is totally independent from government • The court does not have the authority to strike down any legislation

22. 3. –Judicial appointments • There was opposition to the continued practice of senior appointments to the judiciary being in the hands of parliament –Mainly the Lord Chancellor and PM • This created the danger of appointments been based on the political views of prospective judges rather than on their legal qualifications • In response in 2005 a Judicial Appointments Commission (JAC) was set up to ensure that all candidates should be suitable using purely legal considerations • The government however still has the final say on who shall become a senior judge, but this must be after approval by the JAC • Appointments to the Supreme Courts have been placed in the hands of a non-political committee The Principle of Labours judicial reforms have been four fold • Increase separation of powers –Government, legislature and judiciary • Improve independence of the judiciary • To eliminate the ambiguity of the role of Lord Chancellor • To bring Britain in line with modern constitutional practice

23. Gordon Browns Reforms • PM 2007 • Signalled that constitutional reform to play central role in his administration • Favoured adoption of a codified constitution • Governance of Britain (2007) • Limit powers of the Prime Minister and the executive • Make executive more accountable • Reinvigorate democracy • Improve the relationship between citizen and the state • Creation of a British Bill of Rights

24. Initial impetus seemed to have dissipated • Economic crisis- more important • White paper that followed was a watered down version • Continued Blair’s attitudes towards civil liberties – identity cards, detention of terror suspects for 48 hours “the insidious, surreptitious and relentless erosion of fundamental British freedoms’” David Davis Browns’ intentions for constitutional reform were admirable –however he was blown off track (by events). None of his proposals came into force

25. Assessment of Constitutional Reform-1997-2010-Positives • New Labour introduced most important package of constitutional reform in modern British history • Seen as ‘New Constitutional Settlement’ • Constitutional Landscape changed • Rebalancing of the relationship between state institutions and between the citizen and the state • More checks and balances- HRA, HoL and Devolution • Enhanced democracy

26. Assessment of Constitutional Reform-1997-2010-Negatives • Reforms seen as ‘evolutionary’ rather than ‘revolutionary’ • New Labours reforms seen as Paradoxical • New Labours constitutional reforms have been criticised in two ways • (1) Conservatives- New Labour damaged the traditional constitution • (2) Liberals- New Labours reforms were too timid and did not go far enough (Liberal Democrats and Unlock Democracy)

27. (1) Conservative critique • Only pragmatic reform to constitution was neededthat would respect the underlying principles • New Labour damaged the fabric of the constitution so that some parts are no longer coherent and effective • Reforms have brought about problems- Devolution, HRA- has made the judiciary more political without giving it more (defined) powers

28. (2) Liberal Critique • HoL reform only minor- fell well short of being properly accountable, authoritative and representative. • House of Commons remains inefficient. Lack of gov accountability • Human Rights Act- not given the political development its needed- ECHR cannot overrule acts of parliaments means rights can still be trampled on by powerful governments (post 9/11 terrorism measures) • Freedom of Information act as too weak • Failure of electoral reform for Parliamentary and local elections • Devolution- Asymmetric- some have more powers than others!

29. Assessment of Constitutional reform after 1997 • Complete worksheet –did New Labour go far enough with its reforms? • What prospects are there of reform in the future? • 2010 election- Parties proposals on electoral reform • Highlight areas where there is cross-party consensus • Summaries the three main parties position of electoral reform

30. Conservatives on reform? • Traditionally been against large scale constitutional reform • 2005 it proposed the following reforms • Ensure that English laws would be decided by English voters • Have no regional assemblies • Have a stronger parliament • Liberate local government • Oppose any EU constitution and work towards the EU becoming more decentralised

31. 2010 it proposed • Tighter regulation of MPs • Fewer MP’s • Controls on party funding • Making it easier to petition parliament and get it to debate issues • Elimination of QUANGOS • Restoration of Civil Liberties • Withdrawal of Britain from European Convention on Human rights and to created a British Bill of Rights • ‘rolling back the state’

32. Liberal Democrats • Traditionally the party who has been most in favour of constitutional reform • 2005 it proposed the following reforms • Bring in electoral reform • Total reform of the House of Lords • Cut government departments • Extend devolution substantially • Increase parliamentary oversight of the executive • Move towards a federal Europe

33. 2010 they proposed • Proportion Representation for General elections • Fixed term parliaments • Voting at 16 • An elected second chamber • Reform of party funding • Devolution of more power to local councils • Elected local police and health boards • Greater power for the House of Commons to regulate the executive • A written constitution • Restoration of civil liberties

34. Coalition Reform • HOMEWORK- Read booklet on constitutional reform under the coalition government

35. Coalition Constitutional Reform • Con-Dem coalition gov • Some common ground on reform – but significant differences in key areas- electoral reform and Human Rights Act

36. Task • Look at the manifesto pledges relating to constitutional reform of the three main parties in the 2010 General election. • Highlight any areas of consensus between the parties

37. Coalition Constitutional Reform (1) Electoral Reform -AV referendum 2011. Reform failed (2) Parliamentary Reform -Fixed Term parliaments introduced (general elections take place every 5 years). Power to call an election taken away from PM -Commitment to House of Lords reform- Fully elected/partly elected second chamber (Lib Dem policy, conservative scepticism) -2012 House of Lords reform stalled

38. (3) Bill of Rights -Conservatives favour a ‘British Bill of rights’ scaled down version of ECHR -Lib Dems favour a more entrenched bill of rights Independent Commission set up to discuss issue (4) European Union -Referendum ‘Lock’ any transfer of power have to be approved by a referendum -Membership of Euro ruled out -Commitment to ‘in/out’ referendum if Conservatives win 2015 General election

39. (5) Devolution -Promise of Welsh referendum was to be honoured 2011 -Scottish referendum on further powers -Scottish referendum 2014 (6) Decentralisation -Recall of MPs for wrong doing -Redrawing of constituency boundaries –ensure that all parliamentary constituencies are of equal size -Elected mayors- referendums held in major cities to determine whether the should introduce elected mayors (2012- large scale rejection of elected mayors)

40. So should the Britain have a codified constitution? • Read McNaughton • Make Quick Notes –Yes/NO argument • Discuss with the person sitting next to you • In groups research the question on the internet • Contribute to group discussion • Class debate • Vote • Plan for Essay.