“ENGLISH VOICE FOR ENGLISH LAWS”

May 20, 2013 by 5 Comments

When the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly were established by law between 1998 and 1999, no English institution was created in parallel. England therefore continues to be governed and legislated for by the UK Parliament only, while Scotland, Wales and Northern Ireland are ruled by their devolved competencies on all matters that are not reserved for Westminster. But a problem arises in such an asymmetrical framework of devolution: the question of why MPs from Northern Ireland, Scotland and Wales can vote on laws that apply only to England, while MPs from England do not have reciprocal influence on devolved issues. This problem, well-known as the West Lothian Question, is still unresolved. To address the question the Coalition Government set up the McKay Commission, which released its report on 25 March 2013.

Evidence from the Future of England Survey (FoES, 2011 and 2012; see McKay Commission’s Report, 2013: 16-17) clearly shows that the vast majority of people in England see the current state of English decision-making as wrong or unfair. Some solutions for the West Lothian Question have already been suggested. The most radical involve either entirely abolishing devolution, or maintaining the status quo and essentially ignoring the problem. Other proposals include 1) strengthening local government in England, 2) establishing English-based parliaments, either one for the whole of England or several regionally, or 3) electoral reforms aimed at either the introduction of proportional representation or a reduction in the number of non-English MPs at Westminster. None of these alternatives is free of substantial objections.  Perhaps the most significant barrier to implementing one of the above changes is the high cost of implementation.

According to the polls, the preferred solution of those English people surveyed (FoES, 2012; in McKay Commission’s Report, 2013: 18) is a rather different and perhaps less costly one: “English votes for English laws”. This would require that laws applying to England be passed only if a majority of MPs from England is in favour, or that a double-majority, or “double-lock”, be introduced by which legislation could only be passed if there is both a majority of MPs from England and a majority of the House of Commons as a whole in favour. The problem with such solutions is threefold: 1) they essentially create two classes of MPs, violating the notion of equal representation, 2) identifying English laws is difficult given that there are few laws which solely pertain to England, and 3) even laws that solely pertain to England often affect the rest of the United Kingdom, considering how large England is relative to the other regions.

The Commission, however, has tried to address these problems by ensuring that all of Parliament has the capacity to protect UK-wide interests. They propose application of the principle already applied in Parliamentary discussions of devolved issues: listen first to the opinion of the concerned part. In other words, “decisions at the UK level with a separate and distinct effect for England should normally be taken only with the consent of a majority of English MPs”(McKay Commission’s Report, 2013: 36-38). The idea behind the proposal is to improve the accountability of the decision-making process by clearly separating English and UK-wide interests. Hence, where a government tried to ignore the English outcome in the chamber, it would be running the risk of paying the price for doing so at the next election.

As noted by Professor Charlie Jeffery and Sir Stephen Laws in their seminar at the Constitution Unit last week, the Commission has provided a political solution for a political problem.  By advocating the adoption of a convention whereby English MPs would be given privilege in debates over English issues but not in votes, the McKay Commission hopes to address the West Lothian Question while still giving MPs from Northern Ireland, Scotland, and Wales a say on those issues.

At first, the solution seems fairly pragmatic.  It seems to resolve the mains issues with a kind of “English voice for English laws” solution, while avoiding the costs that would be entailed by creating regional parliaments in England or changing the electoral rules. That said, the McKay Commission’s solution is, at best, partial.  It is not clear on which bills English MPs would be given priority, or what the mechanism would be for making this decision, though some proposals have been already submitted (McKay Commission’s Report, 2013: 52-62). Furthermore, since MPs from the devolved regions will still be voting on English laws, one could argue that the McKay Commission’s solution is more of a band aid, meant to appease the English constituent, than a real solution.  Only time will tell if the McKay Commission’s band aid will be adopted, or if English constituents will demand more substantial action.

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Dr Ruth Levitt & Stephen Boys Smith on Expertise and Policy: the Rise of the Government “Tsar

April 3, 2013 by 1 Comment

3rd April 2013

Dr Ruth Levitt – Expertise and Policy: the Rise of the Government “Tsar”

Stephen Boys – Expertise and Policy: the Rise of the Government “Tsar”

A government “tsar” is defined as an individual from outside government who is publicly appointed by a minister to advise on policy development on the basis of their expertise. Their numbers have soared since 1997. Recently published research by Dr Ruth Levitt and William Solesbury (see kcl.ac.uk/sspp/departments/politicaleconomy/research/tsars.aspx) is the first to systematically investigate and charter the growth in tsar appointments, examine the nature of tsars’ expertise, the issues ministers have asked them to address and the difference they can make. Dr Levitt will discuss the study’s findings and the important questions of accountability and the use of expertise in the policy system. Former tsar Stephen Boys Smith will provide a first-hand account of his experience in the role.

Dr Ruth Levitt is a Visiting Senior Research Fellow in the Dept of Political Economy at King’s College London, and an independent researcher working on public policy analysis and evaluation studies in academic and not-for-profit environments. Studies include policy tsars, the role of outsiders in Whitehall, the use of evidence in audit, inspection and scrutiny of UK government, and the role of evidence in the UK’s policy making on GM crops. She is also a Research Fellow at the Wiener Library for the Study of the Holocaust & Genocide, and a Visiting Senior Research Fellow in the Institute of North American Studies at KCL.

Stephen Boys Smith CB is a former civil servant. He spent most of his career in the Home Office, with spells in the Central Policy Review Staff, the Northern Ireland Office and the Treasury. In his last three posts he headed the police, the immigration and nationality, and the counter-terrorism and organised crime parts of the department. After leaving the Home Office he was Secretary to the Independent Monitoring Commission in Northern Ireland and served on the Civil Service Appeal Board.

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Video: What Place for the Referendum in the UK?

March 11, 2013 by 1 Comment

11 March 2013

Prof Vernon Bogdanor

Venue: Archaeology Lecture Theatre G6, Gordon House

The referendum is an instrument of popular sovereignty, an institutional expression of the doctrine that political sovereignty derives from the people. In Britain, it has been used on a small range of issues, primarily to secure legitimacy. Some matters, especially those which involve a transfer of sovereignty, are so fundamental that the public may not accept a decision made by parliament alone as legitimate. In the 1970s, it has been suggested, Edward Heath took the British establishment into Europe, but it was left to Harold Wilson to bring the British people into Europe. Today, the establishment continues to favour membership, the people do not. That is the basic case for an `in-out’ referendum.

One difficulty with the referendum is that the question is decided by the politicians, not by the voters. The questionthat the voters wish to answer may not be on the ballot paper. In 2011, survey evidence indicated that the favoured option for most electoral reformers was proportional representation, not the alternative vote. Yet that option was not on the ballot paper. In Scotland, survey evidence indicates that further devolution is the favoured option rather than the status quo or independence. Yet that option is not to be on the ballot paper. On Europe. David Cameron proposes a referendum on renegotiated terms of membership, but survey evidence indicates that people favour an in/out referendum. Some means, therefore, should be found for taking the referendum out of the hands of the politicians.

Prof Vernon Bogdanor CBE will is Professor of Government at the Institute of Contemporary History, King’s College, London. He was formerly for many years Professor of Government at Oxford University. He is a Fellow of the British Academy, Honorary Fellow of the Institute for Advanced Legal Studies, and a Fellow of the Academy of the Social Sciences.

Find out more about the Constitution Unit’s seminar series or the SPP seminars 

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When does the British Constitution require a Referendum? – V. Bogdanor’s opinion on the place for the referendum in the UK

February 26, 2013 by 6 Comments

26th February 2013

Referendums are increasingly becoming part of British civic life. Whilst this constitutional instrument remained unused in Britain until forty years ago, eleven referendums have taken place in the United Kingdom since 1973 –  with only two  held nationwide. In the past fifteen years a substantial number of constitutional issues have been subjected to popular approval.

According to Professor Vernon Bogdanor, the recent experience of referendums in the UK suggests the emergence of a new constitutional convention.   Before significant powers could be devolved away from Westminster, a referendum would be required. In Professor Bogdanor’s opinion, the precedents set by the Scottish devolution referendums (1979 and 1997), the Welsh devolution referendums (1979, 1997 and 2011), the Greater London Authority referendum (1998), the Northern Ireland Belfast Agreement referendum (1998) and the North East England devolution referendum (2004) have developed a convention that may in turn constrain governments. Under this doctrine, the Westminster government would have an obligation to hold a referendum in the case of a delegation of power to devolved institutions and would be bound by its result.

Professor Bogdanor also argues that a referendum would be required when other major constitutional reforms are considered by Parliament. The most obvious examples would be the referendum on the Alternative Vote electoral system in 2011 and the future referendum on EU membership proposed by the Prime Minister, David Cameron. With these referendums – so the argument goes – political actors have created a precedent. They have generated a public expectation that certain pivotal issues of constitutional relevance remain the preserve of popular sovereignty. For this reason, it may even be possible to pose the question of whether the People could be regarded as the third chamber of Parliament. Therefore, even though an elastic and uncodified constitution (such as that of the UK) would in principle imply an elastic role for referendums, the referendum has developed into a doctrine that might even constrain Parliament.

The difficulty with this doctrine is that other recent major constitutional changes – such as the introduction of the Human Rights Act 1998 and the Constitutional Reform Act 2005 (which created the new Supreme Court) – have not been sanctioned by a referendum; nor was a referendum proposed before introducing elections to the House of Lords.

This suggests the doctrine is not yet particularly firm, even in relation to devolution. For example, a referendum was required before the Welsh Assembly could be granted primary legislative powers, but not for the grant of greater fiscal powers to the Scottish Parliament under the Scotland Act 2012. If next year’s Scottish independence referendum fails, and there are then proposals for Devo-Max, will a further referendum be required? Or will it depend on the actual result of the independence referendum? This uncertainty does not suggest the presence of a precise doctrine and appears to reinforce the argument that the use of referendums in the UK – in the absence of a codified constitution – is largely based on political considerations.

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VIDEO: Sir Leigh Lewis KCB – Prospects for a British Bill of Rights

January 28, 2013 by Leave a comment

Sir Leigh Lewis KCB – Prospects for a British Bill of Rights

The Commission on a Bill of Rights was established in March 2011 and mandated to investigate the creation of a UK Bill of Rights which draws upon current ECHR obligations. On 18 December 2012, the Commission published its report. Seven of the nine committee members advocated the creation of a UK Bill of Rights, while the two dissenting members have voiced concerns that a Bill could be used as a means of decoupling the UK from the ECHR. The Commission’s Chair, Sir Leigh Lewis KCB, will discuss the report’s findings and likely impact.

Sir Leigh Lewis was Permanent Secretary at the Department for Work and Pensions from 2005 until his retirement from the Civil Service at the end of 2010. Lewis entered the then Department of Employment in 1973 and during his early career he worked on a wide variety of subjects including trade union legislation, benefits delivery and EU business. He was Private Secretary to the Rt Hon Lord Young of Graffham from 1984 to 1986 subsequently spending three years on secondment at Cable & Wireless as Group HR Director from 1988 to 1991. Leigh became Chief Executive of the Employment Service in 1997 and the first ever Chief Executive of Jobcentre Plus in 2001. From 2003 to 2005 he was Permanent Secretary for Crime, Policing and Counter-terrorism in the Home Office and was in that role at the time of the 7/7 attacks. Since retiring from the Civil Service Leigh Lewis has become the Chair of London based homelessness charity, Broadway, and has been appointed Chair of the Bill of Rights Commission. He also holds non-executive roles at Aviva PLC, Serco PLC and PriceWaterhouse Coopers.

See the report at the Commission’s webpage justice.gov.uk/about/cbr

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VIDEO: Baroness D’Souza – The Role of the House of Lords in the Parliamentary Process

December 14, 2012 by Leave a comment

Looking above and beyond current debates about the House of Lords’ composition, Baroness D’Souza will discuss the Lords in terms of its place in the parliamentary process. Having now been in post for over a year, Baroness D’Souza will present her vision for the Lords’ future, its contribution to the political system, changes to its working practices and the role of the Lord Speaker. She will also cover public perceptions of the Upper House and the importance of outreach.

Baroness D’Souza was elected Speaker of the House of Lords in July 2011. In 2007 she was elected convener of the Crossbenchers, having been a peer since 2004.

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Video: In the thick of It: What do special advisers do – and does it make government better or worse?

November 30, 2012 by Leave a comment

Duncan Brack and Michael Jacobs

Venue: Archaeology Lecture Theatre G6, Gordon House

Special Advisers are now an established feature of British government: there are currently over 80 of them in Whitehall. But what do they actually do? What relations do they have with ministers and civil servants? Are they – as some have claimed – a threat to the impartiality of the civil service? Or are they essential to make democratic government work well?

Michael Jacobs is Visiting Professor in the School of Public Policy at University College London and in the Grantham Research Institute on Climate Change and the Environment at the LSE.  He was a Special Adviser to Gordon Brown at the Treasury (2004-07) and at 10 Downing St (2007-10).  His major field of responsibility was energy, climate change and environment policy, but he also worked at the Treasury on health, public service reform and the third sector.  Beginning his career as a community worker and adult educator Michael has variously been an economic and environment consultant, an academic environmental economist at Lancaster University and the LSE and (from 1997-2003) General Secretary of the Fabian Society.  His books include The Green Economy: Environment, Sustainable Development and the Politics of the Future (Pluto Press, 1991), Greening the Millennium? The New Politics of the Environment (ed, Blackwell, 1997), The Politics of the Real World (Earthscan 1996) and Paying for Progress: A New Politics of Tax for Public Spending (Fabian Society 2000).

Duncan Brack is a freelance environmental policy researcher. He is an Associate Fellow of Chatham House (Royal Institute of International Affairs) and an Associate of Green Alliance. From 2010 to 2012 he was special adviser to Chris Huhne at the Department of Energy and Climate Change, focusing mainly on UK, European and global climate policy and low-carbon investment. Before that he worked for Chatham House, and from 1998 to 2003 was head of its Sustainable Development Programme; his work included international environmental regimes and institutions, the interaction between environmental regulation and international trade rules, and international environmental crime, particularly illegal logging and the trade in illegal timber. He was also a specialist adviser to the House of Commons Environment Select Committee and Environmental Audit Committee. From 1988 to 1994 he was Director of Policy for the Liberal Democrats.

Find out more about the Constitution Unit’s special advisers project or the SPP seminars 

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Viedo: Redesigning Press Regulation: Lessons From Overseas

November 28, 2012 by Leave a comment

The outcome of the Leveson Inquiry will require a new constitutional design for press regulation: responsive to the fall-out from phone-hacking; able to secure both freedom of expression and rights to privacy; and flexible enough to accommodate traditional and emerging journalism. While there is no blueprint from overseas there are instructive lessons from international experiences in relation to such core issues as independence, interplay with statute, funding, governance, core purposes and sanctions.

Lara Fielden, Visiting Fellow at the Reuters Institute for the Study of Journalism in Oxford, will discuss the lessons from a range of countries that share common interests in a free press and a tradition of press councils. She will draw on her report Regulating the Press: A Comparative Study of International Press Councils commissioned by the Reuters Institute to inform the Leveson Inquiry and wider debate on press reform in the UK. Lara is a former BBC journalist and Ofcom regulator, and author of Regulating for Trust in Journalism which sets out ideas on a new cross-platform settlement for standards regulation in the age of blended media.

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Video: The Politics of Coalition

November 28, 2012 by Leave a comment

Robert Hazell and Ben Yong

Date and Time: Wednesday 10 October, 1.00pm
Venue: Council Room, The Constitution Unit

The Politics of Coalition is authored by the Constitution Unit’s Prof Hazell and Dr Yong and was published in June. It is the tale of two parties struggling to maintain the first coalition government at Westminster for over 60 years, and asks what the major challenges were in the first 15 months, and how have they were managed.

With the authorisation of Prime Minister David Cameron, Deputy Prime Minister Nick Clegg and the Cabinet Secretary, Sir Gus O’Donnell, Robert Hazell and Ben Yong interviewed over 140 ministers, MPs, Lords, civil servants, party officials and interest groups about the coalition and what impact two-party government has had upon Westminster and Whitehall.

The Politics of Coalition tells how the Coalition has fared in the different arenas of the British political system: at the Centre; within the Departments; in Parliament; in the parties outside Parliament, and in the media.

As the coalition approaches the half-way point of its five-year term, Hazell and Yong will discuss how the findings of the book are likely to play out.

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Video: The Euro Crisis and its Implications for European Institutions (Charles Grant)

July 3, 2012 by 2 Comments

Charles Grant (Centre for European Reform)

Date and Time: Wednesday 13 June, 6.00pm
Venue: Council Room, The Constitution Unit

The euro crisis has led not only to new EU treaties, but also to profound power shifts among various member-states and the EU institutions. The European Commission has never been so weak, while Germany has never been so strong.

Co-founder and director of the Centre for European Reform Charles Grant will discuss the implications of the ongoing crisis for the way European institutions operate. He is a former Brussels correspondent for the Economist and the author of many publications on the EU, as well as a former director of the British Council.

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