University of Surrey Issues in Politics Today

1. University of SurreyIssues in Politics Today The Constitutional Reform Act 2005 – Sources and Impact July 2005

2. Contents • Background: the Changing Constitution • Why a Constitutional Reform Act? • What does the CRA do? www.surrey.ac.uk/politics

3. The Changing Constitution • The UK lacks a single, codified constitution, unlike most other states • BUT it does have numerous constitutional texts and practices www.surrey.ac.uk/politics

4. The Sources of the Constitution • Statute Law (e.g. Bill of Rights, Parliament Acts) • Common Law (e.g. royal prerogative powers) • Convention (e.g. the PM’s powers) • Law & Custom of Parliament • International Sources (e.g. EU, European Convention on Human Rights) www.surrey.ac.uk/politics

5. Constitutional Change • Constantly changing Constitution: • 18th Century – Aristocratic ‘balanced’ constitution • 19th Century – middle-class liberal constitution • 20th Century – liberal democratic constitution • Compare 1688 and 2005– notionally same constitution, but much change www.surrey.ac.uk/politics

6. Labour & Constitutional Reform • Since 1997, Labour have engaged in the most significant amount of constitutional reform since 19th Century • Effects have been far-reaching and little understood www.surrey.ac.uk/politics

7. Labour’s Changes (1) • Devolution (Scotland, Wales, Northern Ireland, London, Elected Mayors) • Electoral Change (European Parliament) • New Basic Rights (Human Rights Act 1998, Freedom of Information Act 1999) www.surrey.ac.uk/politics

8. Labour’s Changes (2) • Institutional Reform: • House of Lords (still underway) • Changes to Party Funding • Modernisation of House of Commons • Constitutional Reform Act 2005 www.surrey.ac.uk/politics

9. Labour’s Changes (3) • Important to note that Labour has never has a ‘grand plan’ of reform – instead a problem-based approach • Limited popular appeal, but a relic from ‘Old Labour’ • Currently, reform is uneven, incomplete and lacks a clear goal www.surrey.ac.uk/politics

10. What happened? • The first steps towards the CRA came in 2003, without any warning or consultation • PM Blair announced a Cabinet reshuffle in June 2003, abolishing the post of Lord Chancellor • Quickly developed into a wider set of reforms www.surrey.ac.uk/politics

11. The Lord Chancellor • Originally an appointment of the Crown • Gradually developed overlapping powers: • Member of Cabinet • Head of Judiciary • Speaker of House of Lords www.surrey.ac.uk/politics

12. Why abolish the Lord Chancellor? • Desire to increase separation of powers between judges and government • Ensure compliance with Art.6 of ECHR (on judicial independence) • Part of wider modernisation agenda • BUT no pressing need for change www.surrey.ac.uk/politics

13. The Government’s agenda • During 2003, Labour developed a Constitutional Reform Bill: • Abolish the Lord Chancellor and his department, replace with Secretary of State for Constitutional Affairs • Set up Supreme Court to replace Law Lords • Changes to appointment of judges www.surrey.ac.uk/politics

14. Progress of the Bill • Lack of consultation beforehand caused much difficulty in both Houses and with public • Lords made many amendments • Bill finally approved March 2005 www.surrey.ac.uk/politics

15. Constitutional Reform Act 2005 (1) • Lord Chancellor remains, but with much less power over judiciary and no longer automatically Speaker of Lords • Title will usually be held by the Secretary of State for Constitutional Affairs • Holder can come from either House www.surrey.ac.uk/politics

16. Constitutional Reform Act 2005 (2) • New Supreme Court formed, with independently appointed members • Will move into new buildings in Middlesex Guildhall in 2008 • Lords will lose its judicial functions www.surrey.ac.uk/politics

17. Constitutional Reform Act 2005 (3) • Creation of Judicial Appointments Commission • Will recommend appointments to Secretary of State, on basis of merit • Will work on an independent and transparent basis www.surrey.ac.uk/politics

18. Constitutional Reform Act 2005 (4) • Establishment in law of principle of judicial independence • Government ministers now barred from trying to influence judicial decisions by virtue of special access www.surrey.ac.uk/politics

19. What are the consequences? (1) • On the positive side: • The CRA 2005 moves the UK towards a system of separation of powers • Government control over judges should decrease • Separation of functions should allow for better specialisation • Strengthens respect of European Convention on Human Rights www.surrey.ac.uk/politics

20. What are the consequences? (2) • On the negative side: • Extra institutions and positions will make coordination more difficult • The process by which the CRA 2005 was reached undermined public confidence in the political process • Appears to set up many teething problems to fix a ‘problem’ that was not very problematic www.surrey.ac.uk/politics

21. The future • Hard to see much more major constitutional reform occurring under Labour (although the CRA 2005 was itself unexpected) • In longer run, will become another step in the gradual evolution of the British Constitution www.surrey.ac.uk/politics

22. Questions for debate • Was the CRA 2005 necessary? • Does it solve the problems it set out to? • How could the process have been improved? www.surrey.ac.uk/politics

23. Further Resources • Department for Constitutional Affairs - www.dca.gov.uk • Parliament - www.parliament.uk • The UCL Constitutional Unit - www.ucl.ac.uk/constitution-unit • The Hansard Society - www.hansardsociety.org.uk www.surrey.ac.uk/politics