Peter Riddell: Analysis
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Nothing illustrates the change of regime in 10 Downing Street more strikingly than Gordon Brown’s Commons statement and his 63 pages of proposals for constitutional reform.
They could not conceivably have been put forward by Tony Blair, who had no real interest in these issues. Mr Brown and Jack Straw, the Justice Secretary, have for a long time believed that further measures are needed to help to rebuild trust in democracy.
The result is a sensible and workable package to strengthen the accountability of the executive to Parliament, combined with some less precise, longer-term aspirations. On the latter, such as a British Bill of rights and duties and a possible written constitution, the Government is opening a debate.
At one level, the aim is to appeal to liberal, as opposed to specifically Liberal Democrat, opinion, which had been alienated from the Blair Government.
The message is that the Blair era is over, and now we have a Government that is serious about the constitution. The impression is of a big bang, but the details are more cautious and reformist.
But what will it all mean in practice?
— 1 Prerogative powers. The proposals to transfer these powers to Parliament vary vastly in significance. Some, like giving MPs a vote on the dissolution of Parliament, are largely symbolic, and are unlikely to make much difference when one party has an overall majority. Others, such as withdrawing the Prime Minister from involvement in the appointment of bishops, are not meant to affect the establishment of the Church of England, although it will end two centuries of intrigue over episcopal patronage.
— 2 War and peace. Giving the Commons a formal say on deploying Armed Forces abroad has been widely urged. In practice, the precedent was established when the Commons voted on the Iraq War in March 2003. Despite Mr Blair’s reluctance to accept this as a new convention, it would have been impossible for any government to go to war without seeking the backing of MPs. There will now be a debate about whether this should be via a parliamentary convention, as suggested by the Lords Constitution Committee, or by statute.
— 3 Including the long-delayed Civil Service Bill in this winter’s constitutional Bill will provide statutory backing for the rights of officials in relations to ministers and advisers. This is part of the campaign to reaffirm the role of the Civil Service. As Mr Brown dryly remarked, it is a belated response to a key recommendation of the Northcote-Trevelyan report on an impartial Civil Service of 1854. It is essentially reassurance.
— 4 Public appointments. We are not moving to an American “advise and consent” style of Senate confirmation hearings. What is proposed is a limited, and varying, extension of oversight by MPs. There will be two categories. First, for officials who protect the public’s rights and interests, such as the Chief Inspector of Prisons, the Civil Service Commissioner etc, Commons committees will hold hearings between announcement and appointment. Such reports would not be binding, but, in practice, an adverse verdict would be hard to override. Secondly, for market-sensitive posts such as the Bank of England’s Monetary Policy Committee and utility regulators, select committees would hold hearings after an appointment but before the nominee takes up the post. This would be little different from now.
— 5 The correct decision by the Attorney-General not to make prosecution decisions on criminal cases except in cases of national security means that Baroness Scotland of Asthal will not be involved in any decisions in the “loans-for-peerages” affair.
— 6 Parliamentary reform. Strong backing for more topical Commons debates and cross-party talks on Lords reform, including more definition of the balance of powers between the two chambers. Also regional select committees and a preQueen’s Speech consultation process. But, as the Tories complained, the Government is reluctant to surrender control over business to MPs collectively.
— 7 Ministerial Code. A new, simplified version was published yesterday and an independent adviser (Sir Philip Mawer, the retiring Parliamentary Commissioner for Standards) will investigate alleged breaches and will publish an annual report and a list of ministers’ interests. Inquiries can still be initiated only by the Prime Minister.
Overall, these proposals should improve, but not transform, the way we are governed, forcing ministers to justify themselves. But they will work only if MPs seize the opportunity to hold the executive to account. Implementation is all.
The proposals
Government powers to be given up
— Dissolving Parliament
— Recalling Parliament
— Ratifying treaties
— Choosing bishops
— Appointing bishops
— Rules for issuing passports
— Rules for granting pardons
Government powers to be limited
— Control of Civil Service
— Oversight of intelligence services
— Deploying British troops overseas
— Making public appointments
— Directing criminal prosecutions
Other changes to be considered
— Voting at weekends, not Thursdays
— Lowering voting age to 16
— Bill of British citizens’ rights and duties
— Consult on moves towards written constitution
— National security council for counter-terrorism
— Relax rules on flying Union flag on public buildings
— New rights for citizens to petition Parliament
Ruled out
— Rejects calls for English MPs to vote on England-only laws
— Instead there will be regional ministers and MPs’ committees
Peter Riddell has been a leading political commentator and an Assistant Editor for The Times since 1991. He writes mainly, but not exclusively, about British politics and has published several books on British politics, including not one, but two, on Margaret Thatcher
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Until the realities of devolution are recognised and English votes for English laws enshrined, everything else is window dressing.
A R Drew, London, England
It is very obvious that Gordon Brown has been thinking for a long time. He has so many ideas and he is a visionary.
He is bringing a lot of substance and gravitas to the PM role.
Though it is early days, I think we have a great prime minister on our hands here.
John Green, London,
That could be a start. Now what about the nitty gritty?
What controls will now be exercised in relation to immigration and clearing the backlog of immigration applicants who take unauthorised residency in the country?
Is NHS administration to be overhauled so that more money goes directly to patients rather than administrators?
Will curbs be placed on those who holiday here from abroad soas to receive free medical treatment?
Will NHS dentistry re-emerge as a valid and affordable service?
Will a firmer stance be taken with the EU to break the monopolies that exist to allow proper audit of financial activities and reduce present corruption?
Will the number of MP's be halved and their allowances decimated to reflect their diminishing importance?
I could go on but answers to the above would be appreciated.
trevorjd, Torbay, Devon
Ruling act a requirement that only MPs representing constituencies in England should vote on matters affecting England does not make the problem disappear. There is a growing sense of injustice about the present situation which will feed on disputes over whether or not England subsidises Scotland, and why those living in Scotland should receive greater benefits from the state than those in England. If there is one constitutional reform that is essential it is the resolution of this problem.
By the way. Is it right that many lives are needlessly lost in England because of the Scottish veto over aligning clocks in England with those on the Continent?
laurie, tunbridge wells,
So, like the EU Constitution, the division of Britain into Regions, comes in through the back door - welcome to Brown's Britian
Liz Brown, Montmartin en Graignes, France
Impressive - until you realise that he has only given up powers he no longer has in practice. Bishops have long been de facto appointed by the church, with the PM only offering a rubber stamp - Tony Blair's vote on the Iraq War effectively ended the Royal Prerogative over declaring war - the Attorney General was going to be firmly cut out of the CPS decision making process after Lord Goldsmith's decision on Al-Yamamah - the promised referendum on the EU constitution sunk the idea of a Royal Prerogative over treaties.
And no change on the English constitutional settlement, despite Brown being unable to direct health, education, transport or economic development in his own constituency. Not even a Secretary of State for England (say Milliband or Harman) to direct a cabinet committee on these. Brown's still a control freak - the difference is he's now desperate not to look it. What was that about "an end to spin?"
Huw Clayton, Aberystwyth,
Gordon Brown's proposals to reform the UK constitution are of substance and significance. As interesting, is the things left out and why:
1. The electoral system. Failure to address this allows a continuing plethora of systems throughout the UK - remember Douglas Alexander's muck-up of the recent Scottish elections.
2. Government and regional authorities relations in the developing post-devolution scenario. For example, Scottish First Minister Alex Slamond (SNP) has garnered much from the Labour's inability to come to terms with the changed Scottish reality.
3. The West-Lothian issue. Why not a Grand Committee to deal with 'English' measures and MPs would observe a self-ordinance on as regards whether they attend? Failure to adopt such a simple device renders Brown's motives suspect.
And please: 'practice what you preach'. Re no more of the redundant Blairite spin as in the recent Party 'guidance' to Labour MPs to write and tell constituents how 'inspired' they are by Brown!
Ted Harvey, Glasgow, UK
Sounds like irrelevant tinkering given that some 75% of our legislation is dished out by Brussels. As for a 'written constitution', hasn't Mr Blair just signed us up for one? You know, the, er, amending treaty which that nice Mr Junkers would prefer the British people not to discuss.
Will Martin, Kent, UK
Before Brown can introduce his manifesto ,he has to seek
the approval of the people,otherwise he is just another dictator.
And some people saying this sort of thing has happen before,
doesn't make it right.
A Walton, Leicester, England
"Ruled out
â Rejects calls for English MPs to vote on England-only laws"
I thought they already could! Is this another aspect of the West Lothian question I have missed.
Jonathan Heatley, Campbeltown, Argyll
The Constitution needs updating. Long live change.
Jo Sullivan, Liverpool, Merseyside
So, like the EU Constitution, the division of Britian into Regions comes in through the back door - welcome to Gordon -no relation-Brown's Britain
Liz Brown, Montmartin en Graignes, France