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

The Independent Commission on Referendums: who, what, why, and how

jess.sargeant doneOn 17 January, Jess Sargeant attended a Constitution Unit seminar entitled The Independent Commission on Referendums: who, what, why, and how. The aim of the event was to discuss the work of the Commission, which has no affiliation to any political party or campaign groups, but which does receive research support from the Constitution Unit. The session sought to identify some of the referendum-related problems that the Commission would have to grapple with. This post sets out the main talking points of the seminar. 

The Independent Commission on Referendums was established by the Constitution Unit in August 2017 to review the role and conduct of referendums in the UK. The Commission consists of 12 distinguished members representing a range of political opinions, with expertise extending across all the major UK referendums of recent years. The Commission first met in October 2017 and meets monthly to deliberate on the issues. It will produce a report and detailed recommendations in summer 2018.

On Wednesday, the Constitution Unit held a seminar about the work of the Commission. Speakers included the Commission’s Chair, Sir Joe Pilling; its Research Director, Alan Renwick; and Sue Inglish, who is both a Commission member and former Head of Political Programmes at the BBC. The aim of the event was to inform the audience about the key issues that the Commission aims to address and to gain audience members’ feedback on them. Sarah Baxter, Deputy Editor of the Sunday Times, also spoke, giving an outsider’s perspective of the Commission’s task along with her reflections on past referendums. Continue reading