Peter Riddell: Political Briefing
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Step by step, the arguments of the 17th century over parliamentary control of prerogative powers are at last being resolved. The draft Constitutional Renewal Bill is a further big step, by no means the final one, into making the executive more accountable. The Bill proposes giving MPs the final say over all treaties before ratification (rather than just EU and tax ones) and a formal vote over sending the Forces into armed conflict.
The war powers issue has rumbled on since the votes on Iraq (the subject of a Tory debate on whether to hold an inquiry) though, strangely, MPs have never voted on the Helmand deployment in Afghanistan. The Government has opted for enshrining Parliament’s role by resolution (as proposed by the Lords Constitution Committee) rather than by statute. So a prime minister would have to seek the approval of the Commons before deciding to commit Forces, and would have to set out information about the objectives and legal matters.
There will be exemptions in relation to special forces, emergencies and operational secrecy, with a requirement to inform but not to seek retrospective approval. This package has apparently met the desire of the Service chiefs for flexibility and for not putting troops at risk of legal action. Jack Straw told MPs that such provisions would change the way that these decisions were taken in government since ministers would have to take account of their parliamentary obligations.
The other main controversy will be the changes in the role of the Attorney-General, who will cease to have any power to give direction to prosecutors in individual cases, apart from exceptional cases giving rise to issues of national security. That does not go far enough for the opposition parties.
Among other proposals are removing restrictions on protests around Parliament, while consulting whether further action is needed to maintain access to Westminster and to stop disruptive noise, and on making permanent the changes to allow government departments to fly the Union Jack whenever they wish.
Hardly noticed, but very important, is the long-awaited pledge to put the Civil Service on a statutory footing, by enshrining its core values of impartiality and making provision for special advisers and the Civil Service Commission.
This package, to be examined by a joint committee of both Houses, was dismissed by Nick Herbert, for the Tories, as “worthy but inadequate” and by David Howarth, for the Liberal Democrats, as “nibbling at the edges”. But, as Mr Straw said, it is only “part of the much wider programme towards a new constitutional settlement”. There will be a Green Paper in May on a British Bill of Rights and Responsibilities.
A White Paper on the future of the House of Lords is due before the summer recess as “discussions in the cross-party working group are proceeding well”, though many backbench peers, both Tory and Labour, say that their leaderships do not speak for them. Do not expect action this side of a general election.
Proposals are also due soon on reforming party finance, while weekend voting may be on the way, though not compulsory voting. But will the public notice, or care? The key test remains reviving public confidence in our representative democracy.
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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I personally can't see why we don't keep the present House of Lords with its diverse makeup, skills, experience and simply make the selection process more democratic by using a panel of ordinary people to decide on who goes "down" to the Lords in the same way as ordinary people decide which characters deserve to go "down" to prison.
This is such a simple solution it beggars belief that the politicians haven't thought about it. We keep what is good about the present house, and make it accountable to ordinary people without the cost of an election. And without having an election, the House would be "democratically appointed" without giving it the electoral mandate that would obviously contradict with the same electorates mandate to the Commons.
But perhaps the best thing is that it would bring ordinary people into the heart of our political system and hopefully build a new better relationship when people and politicians could respect each other.
Mike Haseler, Lenzie, Britain
The recent shows in Parliament and Whitehall of lack of commitment , morale courage and the over whelming power of party whips, make the changes damaging to the British pubic.
As a whole. MP's are now renown for their tenacity when it come to their benefits , and timidity when discussing/debating/voting on Ministers aspirations. Cabinet patronage is a powerful incentive.
Objective un-bias information is required, However seldom is it available, and often goes unread by MP's when it is.
Those in power intend to make as little as they can get away with available to examination by the press, media, and public. Having Ministers accountable to MP's, is an empty gesture. The House of commons has been reduced to little more than a rubber stamp with catering facilities. With in the next decade only Brussels an Strasbourg will have meaningful authority.
Alexander, Victoria.,
Given that the major debate over the prerogative in the seventeenth century was whether the King alone could determine when there was an emergency, I fail to see how the current proposals (which you expressly note exclude emergency situations) are any resolution of those debates.
In fact, most of the proposals were quite happily accepted by the majority in the seventeenth century as within the domain of the Crown (only the most lunatic of the non-constitutional parliamentarians thinking differently).
A little more accuracy, rather than simply trundling out hackneyed (and incorrect) historical context, would be welcome.
John Scott, London,