| THE CONSTITUTION UNIT NEWSLETTER | ISSUE 43 | SEPTEMBER 2009 | MONITOR LABOUR’S LAST FLING ON CONSTITUTIONAL REFORM IN THIS ISSUE Gordon Brown’s bold plans for constitutional constitutional settlement …We will work with the reform continue to be dogged by bad luck and bad British people to deliver a radical programme of PARLIAMENT 2 - 3 judgement. The bad luck came in May, when the democratic and constitutional reform”. MPs’ expenses scandal engulfed Parliament and government and dominated the headlines for a Such rhetoric also defies political reality. There is EXECUTIVE 3 month. The bad judgement came in over-reacting a strict limit on what the government can deliver to the scandal, promising wide ranging reforms before the next election. The 2009-10 legislative which have nothing to do with the original mischief, session will be at most six months long. There PARTIES AND ELECTIONS 3-4 and which have limited hope of being delivered in is a risk that even the modest proposals in the the remainder of this Parliament. Constitutional Reform and Governance Bill will not pass. It was not introduced until 20 July, DEVOLUTION 4-5 The MPs’ expenses scandal broke on 8 May. As the day before the House rose for the summer the Daily Telegraph published fresh disclosures recess. After a year’s delay, the only significant day after day for the next 25 days public anger additions are Part 3 of the bill, with the next small HUMAN RIGHTS 5 mounted. It was not enough that the whole steps on Lords reform (see page 2); and Part 7, to issue of MPs’ allowances was already being strengthen the governance of the National Audit investigated by the Committee on Standards in Office. INFORMATION POLICY 5-6 Public Life, due to report in the autumn (Monitor 42, page 1). The government felt obliged to rush The rest of the bill is a cut down version of the through emergency legislation for an independent draft published in March 2008 (Monitor 39). The INTERNATIONAL FOCUS 6 Parliamentary Standards Authority (see page 2). government has abandoned proposals to restrict And as critics denounced the whole Westminster the powers of the Attorney General, to control the system as rotten to the core, an extraordinary war making power by statute, and to remove the PEOPLE ON THE MOVE 6 period ensued in which every conceivable Prime Minister’s involvement in the appointment remedy was put forward, from a right of recall to of bishops. Still left are provisions to put the civil referendums to electoral reform. service and parliamentary scrutiny of Treaties on UNIT NEWS 7 a statutory footing; and to relax the restrictions on The Guardian led a campaign for a referendum demonstrations around Parliament. These issues on electoral reform. Alan Johnson called for the will be of greater interest to the Lords than the BULLETIN BOARD 8 referendum to be held at the same time as the Commons, and the Lords will determine whether next election (Times, 25 May). Peter Hain called the bill passes. The government will have to be for a switch to the Alternative Vote before the prepared to abandon further parts of the bill to election, without a referendum. These calls defied ensure the passage of the rest. political reality. Referendums require legislation, as does electoral reform. Neither would be likely to pass the House of Commons, let alone the Lords. NEW SUPREME COURT STARTS IN Labour remains deeply divided over electoral OCTOBER: END OF THE LAW LORDS reform, which is why the topic has made so little progress under both Blair and Brown. On 1 October, the newly created Supreme Court will replace the Appellate Committee of the On 10 June the Prime Minister made a statement House of Lords as the final court of appeal in the to the Commons on the control of MPs’ expenses, United Kingdom. The Supreme Court assumes and set out proposals for reform on five further the existing jurisdiction of the House of Lords as issues. First, the government would publish well as the devolution jurisdiction of the Judicial proposals for the final stages of Lords reform Committee of the Privy Council. It was established before the summer break. Second, it would initiate by the Constitutional Reform Act 2005, with the the widest possible debate about a bill of rights aim of formally separating the legislative and and a written constitution. Third, devolving power judicial functions of the House of Lords. The and engaging people in their local communities. Supreme Court is located in Middlesex Guildhall Fourth, taking a debate forward on electoral on Parliament Square, next to Westminster Abbey reform. Fifth, increasing public engagement and the Queen Elizabeth conference centre. in politics. The first justices of the 12 member Supreme 43 These proposals had been approved by the Court will be the current Law Lords, with Lord The Constitution Unit Democratic Renewal Council, a new Cabinet Phillips of Worth Matravers serving as President UCL Department of Political Science Committee chaired by the Prime Minister. In of the Court and Lord Hope of Craighead as the Director: Professor Robert Hazell CBE Building Britain’s Future, the draft legislative Deputy President. Future appointments to the Court www.ucl.ac.uk/constitution-unit programme published on 29 June, the government will be made by the new procedure used for the first Email: [email protected] announced “the DRC will agree a series of time this year to appoint Lawrence Collins LJ, Sir Phone: +44 (0) 20 7679 4977 proposals for the fundamental reshaping of our Brian Kerr (LCJ, NI) and Sir Anthony Clarke MR. Fax: +44 (0) 20 7679 4978 | THE CONSTITUTION UNIT MONITOR | ISSUE 43 | SEPTEMBER 2009 | 2 NEW SUPREME COURT (CONT’D) PARLIAMENT (CONT’D) The selection commission is composed of the The first set of proposals are included within Standards Bill in the summmer to create President and Deputy President of the Court the Constitutional Reform and Governance an Independent Parliamentary Standards along with members of the judicial appointment Bill (see Page 1), and show distinct similarities Authority (IPSA).The IPSA will consist of four bodies from England and Wales, Scotland and to Lord Steel’s private member’s bill (see members and chair appointed by the Speaker Northern Ireland. All newly appointed judges Monitor 42). One change would end the of the Commons with the agreement of a will formally be Justices of the Supreme Court by-elections that replace hereditary peers as parliamentary committee. and not members of the House of Lords. they die, meaning that these members would Earlier this summer, it was announced that the gradually disappear over time. Another would The authority will be responsible for creating Court will allow its proceedings to be televised specify that members convicted of serious a scheme for members’ allowances, rule when requested by the media. criminal offences, or made bankrupt, would on members’ interests, and for maintaining be automatically expelled, and would allow the register of financial interests. It will the House to expel or suspend members who also supervise a new Commissioner for PARLIAMENT bring it into disrepute. A third would allow Parliamentary Investigations, who would members to resign/permanently retire from the look into allegations of abuse or misuse of chamber. There are two notable omissions, allowances or failure to register financial House of Commons Reform Committee however. The first, which was included in interests. The two bodies will not be covered Lord Steel’s bill, is any provision to put the by parliamentary privilege and will be within Alongside the new Parliamentary Standards House of Lords Appointments Commission the scope of the Freedom of Information Act. Bill (see below), one of Gordon Brown’s on a statutory basis. The Commons Public announcements in June following the MPs’ Administration Committee has called for this, The bill creates a new criminal offence of expenses row was the establishment of but ministers probably feared accusations knowingly providing false or misleading a new committee on reform of the House of “cementing” an appointed House if they information in a claim for an allowance, of Commons chaired by Tony Wright MP. proposed it. The second omission is any for which the maximum sanction is up to This initially sounded like a commission or provision to prevent resigning peers from 12 months’ custodial sentence or an unlimited taskforce, but went on to be established immediately standing for the House of fine (not exceeding the statutory maximum). formally as a select committee. Its creation Commons. Such a provision has previously A new offence of breaching the rules on paid was delayed by disagreements over the been recommended by the Royal Commission advocacy is to be considered again in committee’s terms of reference, but was and others, including the government itself in the future. agreed on the day before the Commons rose previous white papers. Its non-appearance for summer recess (20 July). The committee sparked controversies that Lord Mandelson The bill underwent some revision as it is charged with looking at scheduling of would use the bill to return to the Commons, went through parliament. The power of the business in the House, the appointment of and perhaps even stand as Labour leader. Commissioner for Parliamentary Investigations members and chairs of select committees, Justice Secretary Jack Straw has since to order MPs to repay misused allowances the appointment of deputy speakers, public indicated that a “quarantine” clause may in was dropped due to its potential impact initiation of parliamentary proceedings and fact be added to the bill (FT, 26 August). upon parliamentary privilege. Instead, the other related matters. It has a limited life, Nonetheless its passage before the election Commissioner will report his or her findings being required to report by 13 November, is not assured.