The 1997 Labour government’s constitutional reform programme: 25 years on

25 years have passed since the Labour election win of 1997, which preceded a plethora of constitutional changes, including partial reform of the House of Lords, devolution to Scotland, Wales and Northern Ireland, and the Human Rights Act. Tom Leeman summarises the contributions of three expert speakers (Professor Robert Hazell, Baroness (Shami) Chakrabarti and Lord (Charlie) Falconer of Thoroton) at a recent Unit event to mark the anniversary.

This year marked a quarter of a century since the victory of Tony Blair’s New Labour in the 1997 General Election on 1 May. Blair’s first government embarked upon a programme of constitutional reform, many elements of which, such as devolution, the Human Rights Act (HRA), and the status of hereditary peers in the Lords, still spark debate in the UK today.

To mark the anniversary and discuss the Blair government’s constitutional legacy the Unit convened an event with three expert panellists: Professor Robert Hazell, founding Director of the Constitution Unit, who supported the Cook-Maclennan talks on constitutional reform between Labour and the Liberal Democrats in 1996; Lord (Charlie) Falconer of Thoroton, who served as Lord Chancellor in the second and third Blair ministries from 2003 until 2007; and Baroness (Shami) Chakrabarti, who was Director of Liberty from 2003 until 2016. The event was chaired by Professor Meg Russell, Director of the Constitution Unit. The summaries below are presented in order of the speakers’ contributions.

Robert Hazell

Robert Hazell presented slides to summarise New Labour’s constitutional reform programme from their first election victory in 1997 until Gordon Brown’s resignation as prime minister in 2010. The reforms in Blair’s first term (1997-2001) were the biggest package of constitutional reforms in the twentieth century. They included devolution of power to assemblies in Edinburgh, Cardiff and Belfast in 1998; incorporation of the European Convention on Human Rights into domestic law in the Human Rights Act; and the removal of hereditary peers from the House of Lords.

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Green shoots for the Union? The joint review of intergovernmental relations

A review of intergovernmental relations conducted jointly by the UK government and the devolved administrations in Northern Ireland, Scotland and Wales was published last week. Michael Kenny and Jack Sheldon argue that the most important question facing the proposed new model for intergovernmental relations will be whether an enhanced system for bringing these governments into partnership will be endowed with real respect, and be allowed to take root, by the politicians at the helm.

The territorial chasm that opened beneath the Conservative Party’s feet following the demand made by Douglas Ross, its Scottish leader, that Boris Johnson resign, and Jacob Rees-Mogg’s retaliatory dismissal of him as ‘not a big figure’, shone an unflattering spotlight on some of the sharp tensions that devolution has created within the UK’s political parties.  

A much deeper divide has opened up in recent years between the UK government and the devolved governments in Cardiff and Edinburgh. Tensions that have been simmering since the election of administrations headed by different parties across the UK over a decade ago were exacerbated during the extended Brexit crisis, and since then more salt has been rubbed on these wounds during the COVID-19 pandemic. First Ministers Mark Drakeford and Nicola Sturgeon have been incentivised to make much of often minor differences in their approach from that adopted by the Johnson government. And yet there has been an abiding need for them and Whitehall to work together in the face of an airborne virus that does not respect the authority of internal borders.

While addressing the sharp differences that have emerged within the Conservative party looks difficult so long as Johnson remains in power, there is at least some cause for optimism that more functional arrangements for co-operation and engagement between the four governments within the UK are being put in place.

This arises specifically from the publication of the report of a long-running joint review which has been conducted by government officials from all parts of the UK. Landing amid the ‘partygate’ crisis engulfing Boris Johnson’s government, it has been largely ignored by the media and politicians at Westminster. But its content, and the thinking animating it, could prove to be an important factor in the future evolution and viability of the UK Union.

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The continuing constitutional pressures of Brexit

Ahead of the launch event for their new book on the continuing constitutional pressures of Brexit, Oran Doyle, Aileen McHarg and Jo Murkens summarise the book’s introductory essay. They conclude that, five years on from the seismic constitutional event that was the 2016 referendum, it is clear that Brexit is exerting pressure on various aspects of the constitution, but it remains too early to tell the full impact of Brexit on the UK constitution.

The United Kingdom’s withdrawal from the European Union was clearly a development of major significance that affected the UK constitution and its three legal systems, and brought about a series of political crises. But the prolonged process of negotiating the terms of withdrawal and the future UK-EU relationship also imposed and exposed a range of other constitutional tensions and pressures. This is true not only in respect of the UK itself, but also for the EU – which experienced a major recasting of its external borders, a recalibration of internal decision-making dynamics, and challenges to core features of its constitutional order – and in particular for Ireland – which, by virtue of its geographic position and constitutional history, has faced unique political and constitutional challenges as a consequence of Brexit.

In The Brexit Challenge for Ireland and the United Kingdom: Constitutions Under Pressure, recently published by Cambridge University Press, scholars based in the UK and Ireland explore a wide range of constitutional, legal, and political issues affecting both countries which have arisen out of Brexit. These include questions of territorial governance within the UK, the renewed prospect and implications of a united Ireland, the use of constitutional referendums, the impact of Brexit on political parties, executive-parliamentary relations, and the role of the courts and law officers in constitutional disputes.

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