Monitor 68: A constitution in flux

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. The issue covers all of the major UK constitutional developments over the past four months, a period that has seen the EU (Withdrawal) Bill pass from the Commons to the Lords; the failure of talks in Northern Ireland; and a significant government reshuffle. Abroad, Ireland is considering a permanent constitutional change and Japan has seen a constitutional first as its current emperor confirmed he is to abdicate. This post is the opening article from Monitor 68. The full edition can be found on our website. 

The UK is experiencing a period of deep constitutional uncertainty. In at least four key areas, structures of power and governance are in flux. Screenshot_20180308.210141 (1)

The first of these, of course, is the nature of the UK’s future relationship with the European Union, to which the Brexit negotiations will shortly turn. The degree to which the UK continues to pool its sovereignty with other European countries depends on the form of that relationship: how far, and on what issues, the UK continues to adhere to EU rules, align closely with them, or follow its own separate path. Theresa May set out her most detailed proposals yet in a speech at Mansion House on 2 March, advocating close alignment outside the structures of the EU Single Market and Customs Union. On 7 March, the President of the European Council, Donald Tusk, published draft guidelines for the EU’s position. As before, this emphasises ‘that the four freedoms of the Single Market are indivisible and that there can be no “cherry picking.”’ What deal will emerge from the negotiations is entirely unclear.

The government’s preferred path will face stiff resistance in parliament too. In late February Jeremy Corbyn signalled that Labour wants a UK–EU customs union (an issue also central to the conclusions reached by the Citizens’ Assembly on Brexit). Consequently the government now risks defeat on an amendment to the Trade Bill pursuing the same objective, tabled by Conservative backbencher Anna Soubry. Beyond that, an amendment to the EU (Withdrawal) Bill passed in the House of Commons in December guarantees that the deal between the UK and the EU agreed through the Brexit negotiations will need to be endorsed by an Act of Parliament in the UK. Brexit’s opponents are increasingly vocal and organised, and occupy a strong position in Westminster. The odds remain that Brexit will happen, but that isn’t guaranteed. Continue reading

Brexit and the sovereignty of parliament: a backbencher’s view

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Brexit is a constitutional, legal, and political challenge of a size the UK has not seen in decades and will have consequences that are both uncertain and long-lasting. In this post, Dominic Grieve offers his distinctive perspective on Brexit, discussing the concept of parliamentary sovereignty, the role of international courts in UK law, and the more troubling aspects of the Withdrawal Bill itself. 

The EU and the sovereignty of parliament

My Brexiter colleagues have in varying degrees signed up to the view that EU membership undermines the sovereignty of parliament in a manner which is damaging to our independence and our parliamentary democracy. This certainly fits in with a national (if principally English) narrative that can be traced back past the Bill of Rights 1688 to Magna Carta in 1215.  This narrative has proved very enduring; it places parliament as the central bastion of our liberties.

But it can also be used merely as an assertion of power, particularly when the executive has effective control over parliament. It is with that power that parliament enacted the European Communities Act 1972, which gave primacy to EU law in our country. It was parliament that chose to allow what is now the Court of Justice of the European Union (CJEU) to override UK statute law, so as to ensure our conformity with EU law in all areas in which it has competence.

The justification for requiring that supremacy was that without it, achieving adherence to the treaties and convergence between member states in implementing EU law would be very difficult. This was not an unreasonable argument; but it is hard to avoid concluding that the supremacy of EU law lies at the root of the feeling of powerlessness felt by sections of the electorate and reflected in the referendum result. This feeling has been encouraged by the habit of successive UK governments to hide behind decisions of the EU as a justification for being unwilling to address problems raised by its own electors. But where the lawyer and politician in me parts company with the views of my Brexiter colleagues is in the extent to which they appear oblivious to the extent to which parliamentary sovereignty is not – and never has been – unfettered. Continue reading

The Citizens’ Assembly on Brexit: how did it work?

The conclusions reached by the Citizens’ Assembly on Brexit, composed of a politically and demographically representative group of 50 members of the public, were reported on this blog yesterday. In this post the Assembly’s Design and Facilitation Lead Sarah Allan tells the story of how the Assembly’s two weekends worked. 

Last weekend saw the finale of the Citizens’ Assembly on Brexit (CAB) and the announcement of its results. By its end, 50 members of the public – broadly representative of the UK population in terms of age, sex, ethnicity, social class, where they lived, and how they voted in last year’s referendum – had spent around twenty-eight hours considering what the UK’s trade and immigration policy should be post-Brexit.

The Assembly demonstrated not only that citizens can have a detailed and constructive conversation about options for Brexit, but also that they can enjoy doing it. Assembly members rated the Assembly an average of 5.5 out of 6 across the two weekends, with 86% of Assembly members saying they ‘strongly agreed’ with the statement ‘Assemblies like this should be used more often to inform government decision-making.’ A further 8% ‘agreed’.

So how did the Assembly work? This post tells the story of its two weekends.

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Citizens’ Assembly on Brexit: results and initial reflections

The Citizens’ Assembly on Brexit reached its climax yesterday. After two weekends of intense deliberation, the members voted on a range of options for the form they want Brexit to take in relation to trade and immigration. Their conclusions will surprise some, and they deserve detailed attention from politicians and commentators. Assembly Director Alan Renwick summarises these conclusions and reflects on the weekend as a whole. He argues that, while the Brexit debate is often presented in stark binary terms, the Citizens’ Assembly suggests that the British public are capable of much subtler thinking – if only they are given the chance.

In my last post on the Citizens’ Assembly on Brexit, I reported on a hugely successful first weekend of deliberations. In advance, we had, through stratified random selection, recruited a group of Assembly members who reflected the composition of the UK electorate in terms of age, sex, ethnicity, social class, where they lived, and how they voted in last year’s referendum (25 voted Leave, 22 voted Remain, and three did not vote). We had also developed a programme and set of briefing papers that had been vetted by our advisory board, comprising supporters of both sides in the referendum, as well as experts in balanced communication. At the first weekend itself, remarkably, every Assembly member attended. They showed immense dedication, working long hours as they reflected on their own views, discussed ideas with fellow members, listened to experts, and quizzed those experts in depth. The experts presented diverse perspectives, some emphasising the benefits of single market membership or immigration, while others pointed out the costs of high immigration or argued for the advantages of cutting free from the single market and customs union. Our team of professional facilitators from Involve did a superb job of guiding proceedings and keeping the discussions on track.

This time I can report on an equally successful second – and final – weekend. Attendance was again astonishingly high: every member but one (who was ill) returned. Once again, all (and I do mean all) were tremendously focused and limitlessly good humoured. Members naturally did not always share each other’s views, but they listened and spoke respectfully and genuinely. Our facilitation and support teams were again inspirational. It was a privilege to be there.

While the first weekend focused on learning, the second was all about deliberation and decision-making. We began on Friday evening with short talks and Q&A sessions with two prominent politicians: Graham Brady MP, chair of the Conservative backbench 1922 Committee, spoke for leaving the single market and customs union; Labour MP Kate Green advocated the opposite. Thereafter, there were no more external speakers. The weekend was devoted to the Assembly members, who reflected on what they wanted post-Brexit policy-making to achieve and then on which policy options they wanted the government to pursue.

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