| THE CONSTITUTION UNIT NEWSLETTER | ISSUE 34 | SEPTEMBER 2006 | MONITOR HUMAN RIGHTS SABRE RATTLING IN THIS ISSUE

This summer saw some strange manoeuvring Chahal v UK which led the High Court to rule that as the Labour and Conservative Party leaders the Afghan hijackers could not be deported back PARLIAMENT 2 sought to outdo each other in attacking the to Afghanistan, because they faced the risk of Human Rights Act. Following a court decision ‘inhuman or degrading treatment or punishment’. in May overruling the proposed deportation PUBLIC HONOURS 2 of nine Afghan hijackers, which both party ’s pledge of a British bill of rights UNDER SCRUTINY leaders said defied common sense, the Prime could have more far-reaching consequences, Minister ordered a review of the operation of not least because of his wish for the bill of rights the Act. In a speech to the Centre for Policy to be entrenched. Ironically it was Labour Party Studies on 26 June David Cameron went policy in 1997 to move to a British bill of rights PARLIAMENT AND THE 3 one stage further and promised to scrap the as a second stage, but that was quietly dropped ROYAL PREROGATIVE Human Rights Act altogether and replace it once the ECHR had been incorporated. Cameron with a British bill of rights. recognises the UK’s commitment to remain within the ECHR, so his British bill of rights would have CONSERVATIVE PARTY 3 Both leaders were responding to a long running to be the ECHR plus: unless there are further CONSTITUTIONAL POLICY press campaign. The Sun, Mail and Telegraph derogations, it cannot be ECHR minus. The have portrayed the act as a charter for foreigners drafting will be left to a panel of experts, but he and scoundrels, and EU inspired to boot. These also promised to promote public debate as the papers welcomed Blair’s review and Cameron’s drafting proceeds, in order to achieve a lasting DEVOLUTION 3 commitment to scrap the Act; but the small consensus. If that public debate is achieved, over print of the politicians’ statements was more a number of years as Cameron suggested, a nuanced than the headlines they generated. On British bill of rights could become as deep rooted FOCUS ON GERMANY 4 the Labour side, the Prime Minister asked the as the Canadian Charter of Fundamental Rights Home Secretary ‘to look again at whether primary and Freedoms, and no longer capable of being legislation is needed to address the issue of depicted as part of some European plot. FREEDOM OF INFORMATION 5 court rulings which overrule the government in a way that is inconsistent with other EU countries’ NEW DEVOLUTION ACT FOR WALES interpretation of the ECHR’. The Government of Wales bill finished its PARTY FUNDING REFORM 6 The report of the government’s review published parliamentary passage in July, just before on 25 July represents a victory for the DCA Parliament rose for the summer. Its final approval over No 10 and the . Lord Falconer followed a short stand-off between Commons and THINK TANKS IN THE NEWS 6 concludes that the impact of the Human Rights Lords, although the bill passed through the Lords Act on UK law and policy making overall has with relatively few amendments. The main point been beneficial. Difficulties have only arisen of contention was the ban on ‘dual candidacy’ because of myths and misperceptions about the for both constituency and regional list seats in FOCUS ON CATALONIA 6 Act; and because of over-zealous interpretation National Assembly elections. Opposition and by officials, who may occasionally pay too much cross-bench peers in the Lords sought to undo the attention to individual rights at the expense of the proposal to ban this which had been adopted by CONSTITUTION UNIT NEWS 7 wider community (as seems to have happened the Commons and included in both the 2005 white in the case of the release by the Parole Board paper Better Governance for Wales, and Labour’s of Anthony Rice). To counter these difficulties UK general election manifesto. Ultimately, a BULLETIN BOARD 8 the government is to lead a drive to ensure that trade-off with a compromise on the rules for the the public are better informed about the benefits composition of Assembly committees enabled of the HRA, and that officials place appropriate Liberal Democrat peers to abstain, and the bill to emphasis on public safety. The Home Office is to pass with the ban intact. The new election rules review how police, probation, parole and prison will apply at the May 2007 Assembly elections, services balance public protection and individual and the new arrangements including a formal rights; and in a gesture to the Prime Minister’s split between the devolved legislature and the original concerns, the government ‘if necessary, executive (to be called the Welsh Assembly will legislate to ensure that public protection is Government) will apply after then. given priority’. For the report see www.dca.gov. uk/peoples-rights/human-rights/pdf/exec_ The most important provisions of the new Act are summ_intro.pdf. those enabling legislative powers to be conferred 34 on the Assembly. Initially, powers will be The government is also planning a more conferred on a case-by-case basis by secondary The Constitution Unit proactive and strategic approach to human Westminster legislation. Broader legislative UCL Department of Political Science rights litigation. As part of this it is supporting a powers over the whole of 20 ‘fields’ set out in the Director: Professor Robert Hazell CBE test case brought by the Netherlands to try to Act, including health, education, local government www.ucl.ac.uk/constitution-unit persuade the European Court of Human Rights to and agriculture, can be conferred following Email: [email protected] incorporate a balancing test into its jurisprudence approval in a referendum, which the Secretary Phone: +44 (0) 20 7679 4977 on deportation. It was the court’s 1996 decision in of State will call. These procedures raise many Fax: +44 (0) 20 7679 4978 | THE CONSTITUTION UNIT MONITOR | ISSUE 34 | SEPTEMBER 2006 | 2

PARLIAMENT questions. It is unclear what legislative the 666 after most hereditaries departed be agreed. Ministers have indicated that powers the Assembly will seek in the short in 1999. One difficulty is that peers cannot agreement is necessary if reform is to term, how transfer orders will be scrutinised retire (though they can go on temporary proceed, and yet most accept that reform at Westminster, how these powers ‘leave of absence’, and these figures will change the relationship between the will relate to greater proposed use of exclude the handful who have done so). chambers and thus conventions may framework legislation in primary legislation This problem was highlighted in July by crumble anyway. One thing to emerge for England and Wales, or even how long former Liberal Democrat frontbencher Lord is the government distancing itself from this ‘transitional’ phase might last. So far Phillips of Sudbury, when he announced the manifesto proposal to limit Lords’ there is little indication from the Assembly his desire to leave the House. He consideration of bills to 60 sitting days Government of its legislative ideas, introduced the Life Peerages (Disclaimer) – not least because evidence from the Bill, which would allow life peerages to be Clerks showed that almost half of bills take although the looming election campaign renounced, and require the prime minister more time than this. A 60-day limit would may stimulate the parties to come up to appoint a replacement from the same thus be contrary to recent convention. with interesting proposals. The extent to political party. The bill has no immediate which the new Act leaves Welsh devolved prospect of becoming law. House of Lords Speaker Elected government entangled with the UK’s may prove highly problematic, however, Joint committee on conventions On 4 July 2006, a minor piece of especially when different parties hold constitutional history was made as the office in London and Cardiff. While the bill In May the long-awaited parliamentary joint House of Lords elected its first Speaker. is an imaginative technical response to a committee on the Lords was established. Nine candidates stood for election to the clever political compromise, those technical However, contrary to rumour (and the post under the Alternative Vote System. responses may not be able to cope with report in the last Monitor) it will not With 581 votes cast, Baroness Hayman serious political differences. consider the chamber’s composition, but won the election replacing the Lord only conventions governing its relationship Chancellor from his centuries-old position Lords Reform with the Commons. The Joint Committee on the ‘woolsack’. on Conventions comprises 11 peers and The controversy over ‘cash for peerages’ 11 MPs (11 Lab, 6 Con, 3 Lib Dem, 2 The Lords took the decision to elect its (see below), coupled with the appointment Crossbench). It is chaired by Labour’s own presiding officer in July 2005 following of as Leader of the House Lord (Jack) Cunningham, who skilfully the enactment of the Constitutional Reform of Commons, have reawakened interest steered the previous committee away Bill which makes it possible for the Lord in Lords reform. The May reshuffle saw from conclusions that the Commons might Chancellor to be drawn from either House. agree on in 2003. In contrast this time The move also fits in with a trend for a Straw not only change jobs, but take ministers are seeking agreement, but clearer separation of the three branches responsibility for Lords reform policy from seem unlikely to get it. The committee’s of government – legislature, executive, the Lord Chancellor. He was previously terms of reference require it to consider judiciary – all of which, uniquely, the Lord sceptical about elections to the upper ‘the practicality of codifying the key Chancellor had belonged to. house, having voted against all elected conventions of the relationship between options in February 2003. However, since the two houses of Parliament which The Lord Speaker will be elected for five being appointed he has expressed a affect the consideration of legislation’. years but will not be able to serve more willingness to compromise, implying that In particular it is asked to consider the than two terms. Her primary role will be to both he and the Prime Minister have shifted Salisbury convention, and conventions preside over proceedings in the Chamber position. Inter-party discussions have been over secondary legislation, government but she will observe the same formalities going on behind the scenes and Straw’s legislation being considered ‘in reasonable as any other member. In other words, speech to the Hansard Society in July time’ and ‘ping pong’. the Speaker will address the House, suggested that a 50/50 elected/appointed not an individual member, and will not mix was likely. However, this could prove The committee has taken evidence intervene when a member is speaking. to be a compromise that suits nobody: it from government, opposition parties, Clearly, the function of the Lord Speaker was defeated without a vote in 2003 and the Crossbench Convener and the is very different from its counterpart in the some reformers have already spoken out Clerks of both Houses. It also held a House of Commons. However, the Lord against it. It is doubtful whether the Liberal session with academics, including the Speaker is to have a slightly more active Democrats will accept this position, whilst Constitution Unit’s Meg Russell. Oral role outside of the chamber where she can it already goes too far for those favouring evidence and a short scoping report can decide whether Private Notice Questions appointment. Matters are complicated by be found on its website: www.parliament. need an immediate reply (although uk/parliamentary_committees/joint_ ultimately this rests with the ‘general sense the inclusion of the Lords’ powers in the committee_on_conventions.cfm. of the House’) and will have a strong discussion. Ministers have indicated that representational role acting as a non- progress depends on agreement about Discussions so far have demonstrated political spokesman for the House at home Lords conventions (see below), but this the contradictions in the committee’s and abroad. appears unlikely. Nonetheless new ‘free’ task. Much time has been spent on how votes on the chamber’s composition have to define ‘conventions’ and whether Public Honours Under Scrutiny been promised in the winter. their codification is possible at all. Whilst widely accepted conventions (such as the The controversy over ‘cash for peerages’ Whilst reform is awaited the size of the confidence vote applying in the Commons has rumbled on without resolution. As chamber continues to grow. By the end of alone) are not being considered, others are reported in the May Monitor, this was July it had reached 738, compared to so contentious they seem unlikely to caused by nominees for peerages who | ISSN 1465–4377 | 3

had given loans to the Labour Party appointment to the legislature rather these strong words, the committee being blocked by the House of Lords than the award of an honour’, greater concludes against a statutory solution Appointments Commission. There transparency within parties over how along the lines of Lord Lester’s and other were also allegations that honours, nominees are chosen, and a statutory recent private member’s bills. In place including peerages, were more likely basis for the Appointments Commission of this, the committee recommends the to be awarded to individuals who had which should have a clear role and powers creation of a convention that government donated to academy schools. A police and consult on the criteria for future should seek parliamentary approval prior investigation began into whether the nominees. to the deployment of armed forces as Honours (Prevention of Abuses) Act occurred in 2003 with regard to Iraq, but 1925 or Political Parties, Elections and Parliament and the Royal Prerogative did not happen more recently when British Referendums Act 2000 had been broken. troops were sent to Afghanistan. Pressure continues for reform of the This investigation has continued, with exercise of prerogative powers, with DEVOLUTION reports that Lord Sainsbury and former particularly strong calls to strengthen Labour Party chair Ian McCartney have parliament’s role in authorising military been brought in for questioning, along action. Scotland with 46 others. In July Lord Levy, Labour’s chief fundraiser, was rather spectacularly Lord Lester’s ambitious private member’s The most jaw-dropping political event of arrested but quickly released. Much bill seeking to place on a statutory footing the summer took place in the High Court. speculation has focussed on whether the prerogative powers including war powers, Tommy Sheridan, former Scottish Socialist Prime Minister himself will be questioned. treaty ratification and organisation of Party leader, sued the News of the World Briefings from Number 10 have defended the civil service completed its passage newspaper. He claimed its stories, alleging both honours for donors (as committed through the House of Lords shortly before he had indulged in extra-marital sex, had party supporters) and school sponsors the summer recess. However, with the libelled him. The trial featured lurid tales (as supporters of government education government having repeatedly expressed of visits to a sex club, three- policy). its opposition to the bill, it is unlikely to and five-in-a-bed orgies, and drug-taking. make any further progress. As noted in Sheridan, backed by his wife, denied The Public Administration Select the previous issue of the Monitor, the everything, alleging political and media Committee’s inquiry into the scrutiny of Conservatives under David Cameron are conspiracies. The jury believed him, rather public honours was put on hold in March also taking a keen interest in this issue; than the newspaper’s 18 witnesses, and at police request. Deputy Assistant although clear policy commitments are awarded £200,000 damages. Commissioner John Yates suggested unlikely prior to the report of the party’s to PASC chairman, Tony Wright, that Democracy Commission, chaired by The SSP promptly split. Four of its MSPs committee witnesses would be ‘the very Ken Clarke. including current leader Colin Fox, had people that could be central’ to a criminal testified that Sheridan had confessed inquiry, and the public nature of committee Also engaging in the debate has been the to the sex club visits at a party meeting. meetings could prejudice the investigation. influential House of Lords Constitution They and Sheridan’s supporters traded In May PASC decided to proceed with Committee, whose report on ‘Waging War: vicious insults. The split into pro- and anti- its inquiry ‘in a way that minimised the Parliament’s Role and Responsibility’, Sheridan factions appears to have killed risks identified by the police while still (HL 236, July 2006) concludes that ‘the the SSP. Only Sheridan, who retains a exploring the policy issues involved’, exercise of the Royal prerogative by public following, may keep his seat at next and it published an interim report in July. the government to deploy armed force May’s elections. A pyrrhic victory indeed. This recommended ‘making it explicit overseas is outdated and should not be that nominations to the peerage entail allowed to continue…’. However, despite The SNP are the most likely beneficiaries of the SSP’s probable loss of five seats. CONSERVATIVE PARTY CONSTITUTIONAL POLICY Leader Alex Salmond chirpily predicted seat gains and power. He was bolstered by The Conservative Party published its Built to Last document on 16 August. The paper leaked Labour party polling which warned outlines the aims and values of the party and will form the basis of their election of up to ten seat losses. The Labour party manifesto. It is more detailed than the draft document published earlier in the year and was also damaged when Susan Deacon, has been amended according to feedback from Conservative Party members, who will health minister in the first two years of the now have the opportunity to vote on the paper. parliament but a back-bencher thereafter, announced she would not stand at the The proposals which affect constitutional matters include: next election.

• Replacing the Human Rights Act with a new Bill of Rights. Strains over the devolution settlement at • Enhancing the status of Parliament by strengthening committees and giving it the Westminster appeared with a Scottish power to vote on treaties and wars. Affairs Select Committee report warning • Passing a Civil Service Act to ‘protect…civil servants from politicisation’. of English discontent over Scottish MPs’ • Providing a ‘constructive Unionist response’ to the West Lothian Question. votes on English matters. An IPPR • Abolishing unelected regional assemblies. pamphlet by Michael Wills, Labour MP • Abolishing ID cards if they are introduced. for Swindon, also demanded action. But neither report offered a clear solution. | THE CONSTITUTION UNIT MONITOR | ISSUE 34 | SEPTEMBER 2006 | 4

The flip side of the West Lothian question prompted Plaid Cymru to set out proposals Northern – the inability of Westminster MPs to to ensure a clean campaign in the May vote on Scottish issues – was highlighted 2007 elections. The prime minister, , and the by the controversial closure of one of taoiseach, Bertie Ahern, battle-scarred Lanarkshire’s three Accident & Emergency The most important issue under by their failures in 2003 and 2004 to units. One is represented by Health consideration is the standing orders for restore the fragile institutions established Minister Andy Kerr, another by First the new National Assembly. Crucially, by the Belfast agreement of 1998, Minister Jack McConnell, and the third by these will define the legislative process, paid yet another joint visit to Northern Home Secretary John Reid. Kerr’s deputy, as well as how the Assembly can hold the Ireland in June. Nearly four years on Lewis Macdonald, rubber-stamped the Welsh Assembly Government to account. from the demise of the post-agreement health board’s decision to close Reid’s Standing orders will be made by Peter institutions, they insisted that 24 November local unit, much to Reid’s fury. Hain, the UK Government’s Secretary represented a final – really final – deadline of State, and the Assembly will only for their renewal. Protests erupted over Prestwick airport be able to change them if a two-thirds re-fuelling stops by US munition flights majority for the change can be found. The Mr Ahern warned bleakly that failure this to Israel during the Lebanon invasion. Assembly has established a committee to time would mean devolution would be ‘light The protests, mainly against Tony Blair’s prepare standing orders for the Secretary years away’. And the foreign policy, rapidly subsided when the of State to consider, chaired by Jenny secretary, , spoke gloomily of a stopovers were transferred to a military Randerson AM of the Liberal Democrats. ‘deep freeze’. airfield in England. This committee’s role overlaps with that of the shadow Assembly Commission – but London and Dublin repeatedly pressed Wales: Preparing for the new Assembly Lord Elis-Thomas, the Presiding Officer the Democratic Unionist Party to accept a who chairs the shadow Commission, is power-sharing arrangement including Sinn Politicians and officials in Wales are not on the standing orders committee. Féin. Carrots and sticks were blandished – starting to get ready for the changes that Problems of co-ordinating the work of the carrots including the potential sacrifice will be introduced under the Government the two committees are emerging, and of a long-overdue abolition of the ‘11- of Wales Act 2006 (see page 1). This the standing orders committee lacks the plus’ in the region, and the sticks vaguely process has is taking place started against input of one of Wales’s leading experts in defined ‘partnership’ arrangements which a backdrop of deteriorating relations legislative procedures. conjured up a return to the old approach of between the politicians, which itself has the Anglo-Irish Agreement of 1985.

The two governments meanwhile talked INTERNATIONAL CONSTITUTIONAL FOCUS 1: GERMANY down the concerns expressed by all parties on the Northern Ireland Affairs The first phase of long-heralded federal reform has been passed by the Committee about continued republican, as governing ‘grand coalition’ in Germany. The package was approved in the well as loyalist, involvement in the region’s Bundestag (Lower Chamber) by 428 out of 614 votes (a two-thirds majority huge black economy and SF’s continued of 410 votes was needed) and by 62 out of 69 votes in the Bundesrat hostility to the police – suggesting (upper chamber). republicans had eschewed criminality and that support for the police should not be a The reform aims to rebalance the division of power between federal and regional ‘precondition’ of their renewed access to governments, as the current set-up – in which the Länder (regional) governments, government. And they finessed demands who nominate the representatives in the Bundesrat, hold a veto over 60 per cent of from republicans that their ‘community federal legislation – is thought to restrict the federal government’s ability to legislate restorative justice’ schemes be officially quickly or introduce reforms. supported, in the face of robust opposition from the SDLP, the Policing Board and a At its heart is a trade off: the Länder lose their substantial power of veto in the former taoiseach. Bundesrat in return for increased policy autonomy elsewhere. Thus the proportion of federal legislation requiring Bundesrat approval drops from 60 to 30 per cent. The Assembly was convened in May to The centre also gains control over environmental policy, while the Länder lose ‘prepare for government’, as the Northern their place at negotiations in Brussels, unless they concern education, culture or Ireland secretary heroically tasked a broadcasting. cross-party committee. But the committee could not even agree on a chair and its In return, the Länder gain more autonomy in the areas of civil servant staffing and proceedings were acrimonious, the DUP salaries, shop opening times, education, public services, the right to protest and the entering a raft of communalist political penal system, and have a ‘right to deviate’ from some federal legislation. claims. Meanwhile, the move by the overshadowed Ulster Unionist leader, The reform will come into force at the start of 2007. The second phase – reordering Sir Reg Empey, on the assembly’s the financial relationship between the centre and the regions – will begin in autumn opening day to align himself for partisan 2006. This process is set to be more arduous than the first, with smaller Länder advantage with the political representative feeling they have a lot to lose from potentially increased ‘competitive federalism’. of the Ulster Volunteer Force provoked widespread outrage. | ISSN 1465–4377 | 5

There were tactical differences between impossible’ though he was swiftly slapped The water is likely to remain muddy at pragmatists and fundamentalists in down by party leader David Cameron. least until the delayed white paper on local the DUP, with the former on best Again, public opinion data is inconsistent, government is published this autumn. political behaviour at the British-Irish with three recent polls returning figures Also likely to feed into the debate are Interparliamentary Body. But the party of 52, 40 and 25 per cent support for the forthcoming reports of the Lyons leader, Rev Ian Paisley, delved deep Duncan’s position. However, what is Inquiry on Local Government Funding into popular-Protestant tradition, invoking rarely recognised in media coverage and the Commons Select Committee on the Battle of the Somme to define a is that ministers (including the PM) are Communities and Local Government which contemporary ‘war’ against republicanism accountable not to their constituents is currently investigating the question ‘Is from which there would be ‘no discharge’. but to the UK Parliament as a whole. there a Future for Regional Government?’. The Assembly was discharged for the As a result, unlike the true West Lothian summer with no tangible progress, Question a Scot sitting in Number 10 or in FREEDOM OF INFORMATION recalling the sterile Prior assembly of the the Home Office should not be assumed early 80s, when DUP support was at a a constitutional anomaly. previous peak. On 26 June 2006 the Constitutional Affairs The final issue thrown into the pot is that Select Committee published a report on The English Question of finance, with English-based media and their assessment of the implementation politicians repeatedly criticising the higher of the Freedom of Information Act 2000 Though usually of interest principally to per capita public spending apportioned to in its first year. ‘Freedom of Information constitutional anoraks, the West Lothian Scotland (‘the Barnett formula’ in media is clearly working, although there is room Question and related issues have attracted shorthand). One June poll found support for improvement’, stated Alan Beith MP, a good deal of attention in recent months. for scrapping the formula among 70 per chairman of the committee, in the report. At Westminster itself the clearest sign of cent of English voters but only 12 per The committee welcomed the positive way this has been the progress of Lord Baker’s cent of Scots. At present neither major in which the legislation has been used and Parliament (Participation of Members of party has risked opening this Pandora’s the significant and valuable information the House of Commons) Bill which would Box though Cameron may face pressure that has been released since the Act came into force. However, the committee enact ‘English Votes for English Laws’. from his supporters to do so, which could was disappointed by the long delays in The bill was given its third reading in the certainly make life difficult for Gordon processing FOI requests, and criticised Lords in April and now lies dormant having Brown in the next election campaign. the fact that some organisations had achieved its main aim of keeping in the taken months to assess the public interest public eye the perceived unfairness of the Regional and Local Government during internal reviews. The committee devolution settlement. A stream of opinion encouraged the Information Commissioner polls have indicated strong (if somewhat The prospects for sub-national governance to take a firmer stance on delays of this variable) support for the policy of barring in England remain unclear with recent nature, pointing out that such practices Scots from voting on ‘English-only’ issues: developments in Whitehall doing little to are contrary to the spirit of the Act. The good news for the Conservative leadership clarify the government’s thinking. committee members also expressed which remains wedded to such a move concern about the backlog of complaints despite scepticism in the academic May witnessed the end of ’s waiting to be dealt with by the Information community as to whether the proposal is responsibility for regional and local Commissioner’s Office (ICO) as well workable. government as his remaining policy as the quality of some ICO decisions. powers were transferred to the new Perhaps most notably, the committee was In broader public and political debate, Department for Communities and Local sceptical that the relationship between the West Lothian Question proper – why Government headed by former Education the Department for Constitutional Affairs Scottish MPs should be able to vote on Secretary Ruth Kelly. While Prescott has and the ICO was working effectively ‘domestic’ England and Wales matters long been regarded as the main ministerial and recommended that the Government – is often conflated with other perceived champion of regionalism (in terms of consider adopting the Scottish model by anomalies related to devolution. One strengthening the nine standard regions of making the ICO directly accountable to and recurring controversy revolves around the England), Kelly’s initial pronouncements funded by Parliament. appointment of Scottish MPs to ministerial have been interpreted as more favourable posts with a predominantly English to the idea of ‘city regions’ as a new The fifth quarterly report (covering January workload. Home Secretary John Reid has sub-national governmental tier. to March 2006) providing statistics on come under fire in the Tory press on these implementation of the Act across central grounds even though his portfolio includes The lack of consensus within government, government was published by the major all-UK policy matters such as however, was made evident when Department for Constitutional Affairs in asylum, immigration and policy. Treasury ministers and John June. A total of 9,400 requests across all Healey published a pamphlet criticising the monitored bodies were received in the first More worrying for the government (or at idea of promoting city-region wide elected quarter of 2006; compared to 13,400 in the least its Chancellor) is that questions have mayors and defending the performance of first quarter of 2005 and an average also been asked of whether a Scottish the existing regional institutions. They also of 8,000 in each of the following MP could now legitimately become Prime suggested creating regional committees of three quarters. According to the statistics, Minister. Shadow Cabinet member Alan MPs to increase democratic oversight of organisations dealt with most requests in a Duncan suggested this would be ‘almost regional governance. timely fashion, with around 90 per cent of | THE CONSTITUTION UNIT MONITOR | ISSUE 34 | SEPTEMBER 2006 | 6

all monitored bodies’ requests answered in order to establish how well the current The extension of state funding beyond within the statutory 20-day limit (or within system is working and the practicability present forms (such as ‘Short money’ permitted extensions). Of those requests of any possible reforms. The Constitution and policy development grants) will be resolved, 68 per cent were granted in Unit hosted an academic seminar for the challenging given the pervasive cynicism full; 10 per cent were withheld in part; Phillips review in July. with which politicians are regarded. 14 per cent were withheld in full; and the Matched funding, tax relief methods and remaining 8 per cent had not yet received All three major parties have been the funding linked to electoral success or party a substantive response. subject of controversy concerning membership will all be considered by the donations and loans in recent months. Phillips review. The ICO outlined the extent of the delays The review also comes at a time when the in its annual report published in July. Of Labour Party and the Conservatives are The review is due to report by the end of the 2713 complaints received in 2005-6, under increasing financial strain. Accounts the year. Further detail can be found at 1666 were closed and 1290 were being submitted to the Electoral Commission www.partyfundingreview.gov.uk processed. Around 70 per cent of cases in July show Labour to have debts of were between 0 and 60 days old; however, £27 million and the Conservatives £18 14 per cent had been with the ICO for million. The wider context, of declining THINK TANKS IN THE NEWS longer than 181 days. party membership and increasing party expenditure, suggests the present Charter 88 and the New Politics Network system is unsustainable. ELECTIONS AND PARTIES announced a decision to ‘further integrate their work together ... with regard to Conservative Leader David Cameron has eventually merging the two organisations.’ The Future of Party Funding advocated a cap on donations of £50,000 Following three years of collaboration on a from individuals, corporations and unions, ‘Democracy Project’, the two organisations Two inquiries into the future of party and ‘modest’ state funding. A £50,000 intend jointly ‘to make the case for a funding are currently under way. The cap on donations has been supported by citizen-led constitutional convention to Prime Minister has asked former civil the Liberal Democrats since 1998. Such develop a new constitutional settlement for servant Sir Hayden Phillips to ‘examine a cap is however unlikely to be supported the United Kingdom’. the case for state funding of political by the Labour Party, which receives parties including whether it should be around a quarter of its income from trade Also in the field of political disengagement enhanced in return for a cap on the unions, though this is a significantly and democratic renewal, the POWER size of donations; and to consider the reduced figure from previous eras. Any commission recently announced plans transparency of political parties’ funding’. cap on donations supported by Labour is to follow its Power to the People report Sir Hayden Phillips will seek the views therefore likely to be one that applies to with a ‘nation-wide campaign for a more of political parties, the public, academic corporations or individuals only. There is responsive and empowering democracy’. experts and conduct some analysis of greater consensus on the issue of limiting how political parties are funded in other expenditure and some support for year- Finally, congratulations to the Hansard countries. The Constitutional Affairs Select round limits rather than just at elections. Committee is also investigating the issue Society for winning a well-deserved Thinktank of the Year award in the Public Affairs News Awards.

INTERNATIONAL CONSTITUTIONAL FOCUS 2: CATALONIA PEOPLE ON THE MOVE On 18 June 2006, Catalonia voted for greater autonomy from Madrid in a referendum notable for its low turnout. Whilst 73.9 per cent of voters backed the plans supported by Spanish Prime Minister Jose Luis Rodriguez Dr Declan McHugh, formerly of the Zapatero, the turnout was only 49.4 per cent, sparking questions about the Hansard Society, has now taken up a devotion of the Catalan people to greater independence. position as Special Adviser to Jack Straw, the new Leader of the House of Commons. The result gives the Catalan government greater power over a wide range of policy areas – including tax revenues, judicial appointments and airports, ports and immigration. Perhaps most significantly, the region will now officially have the right to call itself a nation.

Zapatero’s minority government – dependent on the support of two Catalonian parties – backed the plan, which put the PM in the difficult position of hailing it as a ‘new dawn’ for Catalonia whilst simultaneously trying to reassure others that it would cause no substantial change and was not the first step to independence. It was opposed by the conservative Popular Party who argued it would lead to the break up of Spain, and from the left by groups who argued it did not go far enough. | ISSN 1465–4377 | 7

CONSTITUTION UNIT NEWS

House of Lords Research Sarah Holsen and Graham Sutton undertook English Question Seminar some consultancy work for the EU-China Two further conference papers have been Information Society Project in late June of On 7 June 2006, the Constitution Unit presented from this project since the last this year. The work comprised a workshop hosted a seminar at the House of Lords on Monitor. Meg Russell and Maria Sciara organised to consider the most recent draft of ‘The English Question’. Speakers including presented a paper entitled ‘Legitimacy and a national law on freedom of information on Lord Baker, Lord Sewel, Prof. Robert Bicameral Strength: A Case Study of the 23 June in Beijing and two training sessions Hazell and Prof. John Curtice discussed House of Lords’ to a meeting of the Political for Chinese civil servants. the implications of devolution for England Studies Association specialist group on and examined various possible solutions Parliaments and Legislatures in Sheffield Study of the Department of Health to the ‘West Lothian Question’. The Unit’s book on The English Question (see page in June. This paper, which draws on public 8) was also (re)launched at the event. and elite opinion polls, and media analysis, Scott Greer and Holly Jarman’s study of the suggests that the House of Lords is coming top ranks of the Department of Health (DH) Church and State to be seen as increasingly legitimate despite finds that there is one traditional Whitehall its unelected basis. It is available to download civil servant left among its top 32 officials. The Constitution Unit hosted a residential from the project website at www.ucl. This situation reflects more than a decade of political efforts to produce a delivery- conference at St Katharine’s, Limehouse ac.uk/constitution-unit/research/parliament/ on 11-12 July to discuss Bob Morris’ phase house-of-lords.html. Meg and Maria also oriented, permeable civil service, and shows how well the government’s efforts have 1 report mapping Church-State relations, presented a paper entitled ‘Parliamentarians worked. The report (to be published jointly and his phase 2 paper on options for without Party: The “Crossbenchers” in the by the Constitution Unit and the Nuffield change. The conference was attended by House of Lords’ to the Seventh Workshop of Trust) argues that the DH is the future of 35 people including senior figures from the Parliamentarians and Parliamentary Scholars Whitehall, for better or worse. One important Church of England and a wide range of at Wroxton College in July. This paper (like finding is that turning the DH into a constantly representatives from other faiths. Papers the June paper) is now due to be revised for reorganised, permeable department without were given by Dr Edward Norman, Dr journal publication. Nigel Wright, Rev Geoffrey Roper, Anil many career officials does not solve the Bhanot, Andrew Copson, Keith Wood, Rev problems it was hoped to. Freedom of Information Projects Dr Marjory McLean, Frank Cranmer, Scot Peterson and Javier Oliva. The conference Governance of Parliament The Constitution Unit has been awarded papers will be edited into a book as the final publication from this project. £146,000 by the Economic and Social As part of the ongoing Governance of Research Council (ESRC) and an additional Parliament research project led by Dr Meg Fixed-Term Parliaments £40k by the Department of Constitutional Russell, the Constitution Unit has published Affairs to carry out an evaluative study of the a briefing examining the case for creating The Unit is conducting a project looking implementation of the FOI Act 2000 and its a cross-party ‘business committee’ in the into the feasibility and policy options for effect upon the workings of Whitehall. Work House of Commons with powers over the on the project will commence in January the introduction of fixed term parliaments. timetable and committee appointments (see Taking the new Canadian PM Steven 2007 and continue for 27 months to page 8). Also under way is a consultation Harper’s recent C-16 bill providing for March 2009. exercise on ‘Governing the House of fixed election dates on a four-year cycle Commons’ launched earlier this year. The as its starting point, the report looks in The Unit designed and distributed a survey at project final report and recommendations detail at fixed term practice elsewhere in FOI Live 2006, the annual information rights are due to be published in early 2007. For the Commonwealth and in Europe. It also conference for the public sector, with the aim further details on this research see www.ucl. conducts a literature review, considers of ‘taking the pulse’ of the FOI community. ac.uk/constitution-unit/research/parliament/ arguments for and against such legislation Around 350 delegates from across the governance-of-parliament.html. and how dissolutions could be best public sector attended and respondents to regulated to give the maximum of stability the survey reported that private individuals Scrutiny of Multi-Level Governance and accountability. The report will be appeared to be the most frequent users of available in October. the FOI Act, closely followed by journalists. The Constitution Unit has recently begun to The most frequently requested types of conduct research into parliament-executive CU Summer Swallows information relate to government policies relations under conditions of multi-level and plans and the management of public governance. The specific focus of the project This year has seen a record number of funds. The majority of authorities stated that – led by Professor Robert Hazell and Akash interns working with us over the summer. their organisation infrequently refused to Paun – has been how parliaments in the UK Welcome and thanks to: Gemma Cowan, disclose information. However, the proportion scrutinise and hold to account processes of Tom Hannan, Alastair Harper, Sheung- of respondents who stated that their FOI intergovernmental relations at the EU level Yuen Lee, Mehrangez Rahman, Amit responses involved a partial or full refusal and the intra-UK level (between UK and Sibal, Camilla ter Haar and Claude Willan. to disclose has increased since 2005. The devolved governments). The researchers overwhelming majority of authorities claimed presented a paper on this subject at two to meet the 20 working day deadline most of conferences in June. The paper is available the time. at www.ucl.ac.uk/constitution-unit/research/ devolution/scrutiny.html. 8 BULLETIN BOARD

CONSTITUTION UNIT PUBLICATIONS EVENTS PUBLICATIONS RECEIVED

• Megan Carter and Andrew Bouris, • CU Seminar: Thursday 28 September Beetham, David, Parliament and Freedom of Information: Balancing the 1.00pm Rt Hon Ken Clarke MP Democracy in the Twenty-First Public Interest (May 2006), 327-page The Conservative Party’s Democracy Century (Geneva: Inter-Parliamentary book + CD, £75. Task Force Union, 2006)

• Robert Hazell and Akash Paun, • CU Seminar: Wednesday 11 October Brazier, Alex and Vidya Ram, ‘Parliamentary Scrutiny of Multi-Level 1.00pm Jonathan Hunt, New Zealand The Fiscal Maze: Parliaments, High Commissioner The Impact of Governance’ (June 2006). Conference Government and Public Money Proportional Representation on the paper available from: www.ucl.ac.uk/ (London: The Hansard Society, 2006) New Zealand Parliament constitution-unit/research/devolution/ scrutiny.html. Campaign for an English Parliament, • CU Annual Lecture: Tuesday 24 Devolution for England: A critique of October 6.00pm Rt Hon Jack Straw the Conservative Party Policy ‘English • Meg Russell and Akash Paun, MP The Reform of Parliament Managing Parliament Better? A votes on English matters’ (Campaign for an English Parliament 2006) Business Committee for the House of • CU Seminar: Thursday 9 November Commons. 38-page Constitution Unit 1.00pm Peter Riddell, Political Edwards, Giles, British Politics briefing (August 2006), £10. Journalist The Constitutional Reform Unravelled (London: Politico’s, 2006) Agenda Under • Meg Russell and Maria Sciara, Henig, Stanley, Modernising British The House of Lords in 2005: A • The Constitution Unit is also planning Government: Constitutional More Representative and Assertive seminars with Ann Abraham, Parliamentary and Health Service Challenges and Federal Solutions Chamber, 22-page Constitution Unit (London: The Federal Trust for briefing (February 2006), £10. Ombudsman for England and Wales and Sam Younger, Chairman of the Education and Research, 2006) Electoral Commission. • Meg Russell and Maria Sciara, Power, Greg, Personal Politics: ‘The House of Lords in 2005: A Democracy, Participation and More Representative and Assertive For further details of all Unit events and to book places please go to: Collective Action (Dunfermline: Chamber?’, in M. Rush and P. Giddings www.ucl.ac.uk/constitution-unit/events Carnegie Trust, 2006). (eds.), The Palgrave Review of British Politics 2005 (Basingstoke: Palgrave, • The Unit’s programme for the Roberts, Alasdair, Blacked Out: 2006). forthcoming Government Information Government Secrecy in the Policy Seminar Series has been Information Age (New York: • Meg Russell and Maria Sciara, finalised. Speakers in the autumn Cambridge University Press, 2006) ‘Legitimacy and Bicameral Strength: include Maurice Frankel and Katherine A Case Study of the House of Lords’, Gundersen of the Campaign for Rogers, Robert and Rhodri Walters, paper to conference of the PSA Freedom of Information, and Jennifer How Parliament Works, 6th edn. specialist group on Parliaments and Stoddart, the Privacy Commissioner of (Harlow: Pearson Longman, 2006) Legislatures, University of Sheffield, Canada. Full details of how to subscribe June 2006. can be found at www.ucl.ac.uk/ Rush, Michael and Philip Giddings constitution-unit/foidp (eds.), The Palgrave Review of British • Meg Russell and Maria Sciara, Politics 2005 (Basingstoke: Palgrave ‘Parliamentarians without Party: The • On 20 September, the Institute MacMillan, 2006) “Crossbenchers” in the House of Lords’, of Welsh Politics hosts a one-day paper to the Seventh Workshop of conference in Cardiff on The Future of Steytler, Nico (ed.), The Place and Parliamentarians and Parliamentary Welsh Politics with speakers including Role of Local Government in Federal Scholars, Wroxton College, First Minister Rhodri Morgan and Lord Systems (Johannesberg: Konrad Oxfordshire, July 2006. Richard. Full details at: www.psa.ac.uk/ Adenauer Stiftung, 2005) con_and_app/welshpol.htm. • Various authors, Devolution Monitoring • On 2 November, the Hansard Reports on Scotland, Wales, Northern Ireland, the English Regions, and the Society is holding a conference on Centre (May 2006 and September 2006 the Puttnam Commission’s 2005 editions). Available from: www.ucl.ac.uk report into Parliament, communication /constitution-unit/research/devolution. and the media. Details at: www. hansardsociety.org.uk/node/view/622. For full details of all Constitution Unit publications or to make a purchase, • The Electoral Reform Society is visit our website at: www.ucl.ac.uk/ hosting a series of party conference constitution-unit/publications or contact events in September and October. the Unit on [email protected] or The schedule of events is at: 020 7679 4977. www.electoral-reform.org.uk/ers/ Conferences%202006.htm

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