Peter Riddell: Analysis
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Gordon Brown can no longer be accused of lacking vision on the constitution and liberty at least. But the big picture is in danger of being obscured by myriad proposals - more than two dozen yesterday alone. Good news buried good news.
There were four developments: first, Mr Brown’s speech on liberty, notably freedom of expression and dissent and protection of privacy; secondly, a Commons statement by Jack Straw, the Lord Chancellor, about judicial appointments and protests and making war powers and treaties subject to Parliament; thirdly, Harriet Harman, the Commons leader, won the backing of MPs for cross-party proposals for more topical questions and debates; and, fourthly, a speech by Mr Straw on a new British Bill of Rights.
How do all these proposals link together?
Mr Brown’s vision is that the Government needs to be made more accountable to Parliament; and the rights and responsibilities of citizens need to be strengthened. In the first half of his speech, it was Dr Brown the PhD discussing the history of liberty and how best to entrench it. Implicit is that people are citizens with rights and duties, rather than subjects. This involves more rules and codes and, as he said again yesterday, a debate about “moving towards a written constitution”.
What does it mean in practice?
There will be no big bang, but a series of proposals over several years, some involving government action, changes in parliamentary procedure, as well as legislation. Most involve reviews and consultation now.
What was new?
A series of reviews aimed at increasing access to information, including a reduction in the present 30-year rule to 20 or 25 years on the release of past official records, and of the 250 existing powers by the police and other public bodies to enter homes without permission. There will be new rights to protect private information.
What is happening in the short term?
The Government has rejigged the Ministerial Code and partly strengthened the role of independent adviser. Mr Brown said a proposed tightening of Freedom of Information fees regulations and a limit on media access for coroners’ courts had been dropped. In Parliament, improving the scrutiny of some public appointments has begun, and other reforms already in the pipeline are being implemented.
What comes next?
After Mr Brown’s constitutional statement on July 3, ministers are consulting on a White Paper, and draft Bill, due next month. These will cover putting the Civil Service on a statutory basis, and treaties and war-making. Other changes on the recall and dissolution of Parliament, and on oversight of the intelligence services are now subject to consultation and will be introduced without legislation.
Are we going to have a written constitution?
Not for a long time. First, there will be lengthy public consultation about a British Bill of rights and duties, intended to complement the Human Rights Act. This could cover economic and environmental rights, as well as the duties of citizenship, including compulsory voting. This would also mean powers for judges to interpret a written constitution.
What was left out yesterday?
Cross-party talks are continuing on how to achieve a fully, or more likely 80 per cent, elected second chamber. A review is promised of the voting system, and of lowering the voting age. The likely breakdown of talks on party funding may lead to legislation imposing limits on spending.
Who will decide what happens?
The public and interested bodies will have ample opportunity to have their say via meetings, online debates and citizens’ juries. But Mr Straw quashed calls by reform groups for a people’s convention.
Key dates
1978 Vote of no-confidence in Callaghan Government
1979 Presidents Carter and Brezhnev agree Strategic Arms Limitation Treaty
1980 SAS storms Iranian Embassy to free hostages
1981 Irish hunger striker Bobby Sands dies in jail
1982 Falklands war
1983 Thatcher wins landslide victory
1984 IRA bombs Tory party conference
1985 Greenpeace ship Rainbow Warrior is sunk in Auckland Harbour
1986 Michael Heseltine and Leon Brittan quit Cabinet in Westland row
1987 Shares plunge on Black Monday
1988 Thousands die in Iraqi gas attack on Halabja
Source: Times database
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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