| THE CONSTITUTION UNIT NEWSLETTER | ISSUE 41 | JANUARY 2009 | MONITOR CONSTITUTIONAL REFORM PUT ON HOLD IN THIS ISSUE

Amidst the gathering economic gloom the be considered against the ‘backdrop’ of declining government’s constitutional reform plans are voter turn-out. The Conference’s mandate to PARLIAMENT 2 being quietly shelved. After the fanfare for The discover ways to make parliament’s membership Governance of Britain in summer 2007, the mirror the diversity in the UK population at large draft Constitutional Renewal Bill was greeted by is as urgent as ever: since 1918 a total of 4,659 PARTIES AND ELECTIONS 2-3 parliamentarians as a bit of a disappointment when Members have been elected to Parliament. Of they scrutinised its detailed proposals a year later. these, just 291 (6%) have been women. Of 646 That might be why the Constitutional Renewal current Members, only 15 are black or Asian. WATCHDOGS 3 Bill did not feature in the legislative programme announced in the Queen’s Speech in November. Speaker’s Conferences are rare: this will be only the sixth ever. Five were formed in the It may yet be included; but more likely is that CHURCH AND STATE 3 some proposals (eg the Civil Service bill) will be 20th century to consider reforms to the electoral introduced separately, in the summer. system, such as seat distribution and minimum voting age. They embody a parliamentary HUMAN RIGHTS 3 A similar sense of slippage afflicts plans for convention that controversial changes to electoral a British Bill of Rights. The government first law should be agreed on an all-party basis, promised to publish a consultation paper by the although this convention has not always been DEVOLUTION 4-5 spring of 2008; then the summer; then the autumn. observed. Previous conferences contained In August the parliamentary Joint Committee around 30 members, and Speaker Selwyn- on Human Rights published their own detailed Lloyd, who chaired the conference of 1973-74, INFORMATION POLICY 5-6 proposals, with draft bill attached. That failed argued the mechanism was too time-consuming to galvanise things, and by the end of 2008 the and cumbersome. This conference will be less government’s proposals had still to appear. unwieldy. It is made up of sixteen MPs from four FOCUS ON CANADA 6 parties plus the Speaker. This is not to say that the bill of rights debate is dead. All three political parties are committed to Their record of success is mixed: in some cases, PEOPLE ON THE MOVE 6 introducing a British bill of rights (in the case of the nearly all of the Conference’s recommendations Conservatives, as a replacement for the Human were carried into law, whereas another has been Rights Act, which they are pledged to repeal). described as ‘abortive’ since the parties could CONSTITUTION UNIT NEWS 7 There is a longstanding commitment to a Bill of agree on nothing. Arguably, the first Speaker’s Rights for Northern Ireland, and growing interest Conference in 1916-17, was the most successful: in Scotland. But the Labour government is having it paved the way for the extension of the franchise BULLETIN BOARD 8 particular difficulty in bringing forward its own to women over 30. proposals. Speaker Michael Martin will chair the Conference. The main difficulty is the lack of enthusiasm for He issued a statement in December emphasising a bill of rights amongst the Cabinet colleagues. that his main role would be to ensure good order, The devolved administrations have also raised rather than to ask questions of witnesses himself. strong objections. The proposed link to a British The Conference’s Vice-Chair is Labour MP Anne statement of values does not help. And now the Begg. Other Members include economic crisis looms darkly over everything. (Lab), (Con), (Lab), The Ministry of Justice has to find savings of (Lab), and Jo Swinson (LD). £1bn over the next two years. Senior staff in the It will have powers to call witnesses and make Constitution Directorate are moving on. Gordon recommendations. Brown had hoped to give a new lease of life to the constitutional reform programme, with a Those who have sought answers to the persistent bill of rights at its centre, but with time running under-representation of women at Westminster out, he may have to accept that the time for big could be forgiven for thinking that potential constitutional reforms has passed. solutions are obvious and that they lie with the political parties. There is an emerging consensus amongst feminist scholars that parties’ internal SPEAKER’S CONFERENCE ON procedures, not broader social factors, are DIVERSITY IN PARLIAMENT decisive in women’s electoral success. The increases in women MPs at Westminster since 41 In November, MPs approved a motion to create 1997 are party specific and dependent on the The Constitution Unit a Speaker’s Conference to examine the under- use of equality guarantees, such as all women UCL Department of Political Science representation of women, ethnic minorities and shortlists. Only Labour has embraced such Director: Professor Robert Hazell CBE people with disabilities in the Commons. The guarantees; the Conservatives are opposed, and www.ucl.ac.uk/constitution-unit idea of a Speaker’s Conference was first mooted Liberal Democrats are divided. This would likely Email: [email protected] by Prime Minister in September make recommendations by the Conference a first Phone: +44 (0) 20 7679 4977 2007, when he suggested representation should step to further party reform. Fax: +44 (0) 20 7679 4978 | THE CONSTITUTION UNIT MONITOR | ISSUE 41 | JANUARY 2009 | 2

DIVERSITY CONFERENCE (CONT’D)

While MPs from the three main parties votes of March 2007 he supported a 50% or Political Parties and Elections Bill received broadly welcomed the new Conference in the 60% elected chamber and voted against an its second reading in October 2008. At the November 12th debate, some complained 80% or 100% elected chamber, and against a time or writing (January 2009), it is awaiting about the apparent narrowing of its remit. wholly appointed chamber. movement to Report Stage. Brown’s speech proposing the Conference linked it with proposals for weekend voting See back page for details of a new Unit There are four key reforms proposed in and lowering the voting age. On the issue of publication on the Crossbenchers. the Bill: a greater range of sanctions to parliamentary diversity, some MPs called for be available to the Electoral Commission; gays and lesbians and working class people New faces increased transparency in respect of to be explicitly included. And what of the donations; the appointment of party perennial issue of replacing Westminster’s In September the Appointments Commission nominees as Electoral Commissioners; and first-past-the-post electoral system with a more announced two new Crossbench peers: amendments to the rules covering candidate proportional one – a reform that some believe Susan Campbell (now Baroness Campbell election expenses. The first two are relatively would help to redress unequal representation? of Loughborough) and David Pannick. The uncontroversial. The Electoral Commission The terms of reference do not rule it out, but a October reshuffle then brought important has long been calling for a greater range of debate in the in October saw changes. As well as , two sanctions, and these calls were supported the Parliamentary Under-Secretary of State other Labour members were appointed to the by the Phillips, CASC and CPSL reviews of for the Ministry of Justice, Lord Hunt, argue House as ministers: Stephen Carter and Paul party funding and the Commission. The call that the Conference should not be “distracted” Myners. Mervyn Davies joined them in January for greater transparency reflects concerns by “going down the cul-de-sac” of as the new Trade Minister. Former Leader about the apparent growth in donations electoral reform. of the House Baroness Ashton replaced by unincorporated associations and by Mandelson as European Commissioner, and intermediaries. Whilst the proposed measures Faith Armitage, Birkbeck University was in turn replaced by former Chief Whip are uncontroversial, some have argued that Baroness Royall. The new Chief Whip is the Bill does not go far enough in identifying Lord Bassam of Brighton. Sir Igor Judge also the original sources of contributions to the PARLIAMENT entered the House in October as Lord Chief unincorporated associations. Justice. House of Lords Appointments Commission The proposal to appoint four party nominees European Parliament (House of Lords as Electoral Commissioners (one for each of Lord Jay of Ewelme took over (from Lord Disqualification) Regulations the three main parties at Westminster plus one Stevenson of Coddenham) as chair of the from the smaller ones) also followed proposals House of Lords Appointments Commission On 14 October the Lords debated new from previous reviews. And, whilst this idea on 1 October. Lord Jay is a former Permanent regulations which edge the system gradually has been favoured by the larger parties, it Secretary of the Foreign Office who was made closer to allowing life peers to depart the has still generated controversy – reflected in a peer in 2006 on his retirement, and sits as chamber. In 2004 it was agreed (in line with the hearings at Committee stage. First, it has a Crossbencher. The other three independent European requirements) that “dual mandates”, been argued that the appointment of any party members of the Commission have also where members sit in the British parliament nominees may diminish the independence changed, the new members being Professor at the same time as being MEPs, would be of the Commission, both literally and in the Dame Joan Higgins, Dr John Low and disallowed. This however disadvantages eyes of the electorate. Second, allocation Baroness Jane Campbell (herself appointed peers who, having already entered the of the fourth appointment is based solely on as a Crossbench peer by the Commission in House, wish to stand for the European representation at Westminster. This could be 2007). The three political party representatives Parliament - as there is no mechanism for problematic, since the Commission is also remain unchanged. At his pre-appointment renouncing a seat in the Lords. It was feared responsible for oversight of elections at other hearing with the Public Administration that allowing members to take temporary levels of government, where of course, there Committee on 22 July Lord Jay expressed “leave of absence” (as Baroness Ashton are other parties in government. a commitment to improving the image of the has following her appointment as European House of Lords, including through diversity Commissioner) would not meet European legal The most controversial proposal, however, amongst appointees. He also emphasised that requirements. The new regulations thereby is to re-introduce ‘triggering’ for candidate new members appointed to the Crossbenches stipulate that a peer who is an MEP may not election expenses. This would mark a return should be expected to play an “active part” attend the House, and will not be issued a to the system used before 2001 where the in the work of the House, indicating that writ of summons. This accommodates at least Political Parties, Elections and Referendums the Commission continues to seek greater one peer who wishes to stand in the 2009 Act (PPERA) defined the start point for commitments from potential members to elections. But it also raises the question of monitoring candidate expenses as being attend and/or vote as time goes on. Lord Jay whether other members should not be able the point of dissolution. The view that the himself has been a regular attender in the voluntarily to depart the chamber in a more current regulatory period fails adequately Lords since his appointment and (in contrast formal way. Such a change has often been to capture candidate spending is relatively to Lord Stevenson, who made a point of suggested as a next small step in reform. uncontroversial. However, the proposal to absenting himself) has voted in 29% of eligible re-introduce ‘triggering’ has been widely divisions. In his PASC evidence Lord Jay criticised. Firstly, prior to PPERA, ‘triggering’ also suggested that the name of the House PARTIES AND ELECTIONS barely worked as a regulatory instrument as of Lords should be changed, and that the a result of a lack of legal clarity. Secondly, Appointments Commission should be put on Following publication of the White Paper ‘triggering’ would present a regulatory problem a statutory basis. His voting record shows that Party finance and expenditure in the United in as much as there could be as many he is not hostile to further reform. In the Lords Kingdom, June 2008 (see Monitor 40), the campaign start points as there are candidates. | ISSN 1465–4377 | 3

In 2005, there were 3,354 candidates. Perhaps PASC missed a trick in not the book will both encourage and inform the Restricting the analysis to the three largest capitalising on momentum generated by its national discussion that needs to take place. parties could still mean 1,896 different first report and subsequent debate in the campaign start points at the next election. House of Commons. Oonagh Gay and Barry More about Church and State in 21st Century Thirdly, it could place an unreasonable burden Winetrobe attempt to recapture it by launching Britain on back page and at: http://www. on electoral agents, 75% of whom were a briefing on the subject (see back page and palgrave.com/products/title.aspx?PID=280775 volunteers in 2005. In sum, the proposal has Unit News, page 07). The briefing provides been criticised as being virtually unworkable. evidence of comparative approaches to the This issue received scant attention outside the issue, and develops further principles for the HUMAN RIGHTS evidence sessions at the Committee stage. design of the overarching sponsoring body Subsequent scrutiny of this issue, however, mooted by PASC. Solving this constitutional In its second Annual Report, Monitoring the may well cause difficulty for the Bill. conundrum is one next step. Set against Government’s Response to Human Rights arguments about the sui generis nature of Judgements (HL 173/HC 1078), published Justin Fisher is Director of the Magna Carta each watchdog, the other will be defining and in October, the Joint Select Committee on Institute, Brunel University making a persuasive case for the existence Human Rights repeated its message from of a class of constitutional watchdog in its its 2007 report that the government must do own right. more to comply with court judgments which CONSTITUTIONAL WATCHDOGS find breaches of individual rights. It also calls on the government to provide a substantive Second government response to CHURCH AND STATE response to recommendations from its last PASC report report on adverse judgements, which has been Anglican Communion agonies over gender delayed by more than a year. Staccato dialogue between the Cabinet and sexual orientation at the 2008 Lambeth Office and the Public Administration Select Conference of bishops did not take all The latest report highlights law, policy and Committee (PASC) about ‘constitutional the attention away from specifically UK practice in the UK which continue to infringe watchdogs’ continues. At issue is the constitutional issues. On the contrary, the on individual rights protected by the Human watchdogs’ governance arrangements: to Prime Minister’s withdrawal from active Rights Act, such as corporal punishment of whom should they account; by whom should involvement in the appointment of bishops children, investigations into cases involving they be ‘sponsored’ (appointed, funded and raised fresh questions about the rationale the use of lethal force and the total ban on overseen)? of the continued presence of 26 bishops in prisoners’ voting. Upward delays of five years the House of Lords, and there were signs in resolving the most significant breaches of PASC’s original report on the matter, Ethics that the Labour Party was actively thinking the European Convention are not acceptable and Standards: the Regulation of Conduct in about revisiting the Act of Settlement. This and risk tarnishing the UK’s good record in Public Life (HC 121, April 2007) urged two 1701 legislation bars Roman Catholics from responding to European Court of Human things. First, that watchdogs be independent the throne and requires monarchs to be in Rights (EctHR) judgements. Failure to provide of (ie not funded or sponsored by) those they communion with the Church of England. domestic remedies may also engage the UK’s regulate. This critique normally refers to the international obligations - the UK has primary watchdogs sponsored by the executive, but Since a seminar arranged in 2006, the responsibility under the ECHR to give effect to can also apply to parliament. Second, it urges Unit has been continuing to examine the Convention rights. that a more coherent, collegiate and principles- nature of church establishment in England based approach be taken to the governance and Scotland. One of the contributions to The Committee repeats previous calls and accountability arrangements of the Constitutional Futures Revisited (see back for the Government to provide coherent watchdogs. Bringing the watchdogs under a page and Unit news) looked at the future of guidance to Ministerial departments in statutory sponsoring commission on behalf of the monarchy including how far the present responses to declarations of incompatibility, parliament and government was suggested as character of its religious features could remain and for the Ministry of Justice to play a a means to both ends. unchanged. This coming spring, Church and coordinating role in this. It also calls for a State in 21st Century Britain will review the Government response to the new annual The government’s first response, in November whole of the system and look at the options for report of the Committee of Ministers on The 2007 (HC 88), acknowledged the importance change from disestablishment downwards. Supervision of the Execution of Judgements of independence. This could be secured of the European Court of Human Rights by accepting PASC’s recommendation The book is not a polemic for or against (first published in March 2008), a Council of that watchdogs’ terms of appointment be establishment. Its aim, rather, is to analyse Europe body which acts as a public monitoring longer and non-renewable. Beyond that, present arrangements and expose the choices mechanism on the implementation of ECtHR their independence was ‘not in question’. for bringing them more into line with the decisions. The JCHR also requests improved But where PASC has urged a ‘collegiate’ realities of current belief and unbelief. The task channels of communication for ongoing case approach, the Cabinet Office has emphasised is to make adjustments without damaging the developments from the Government to the the uniqueness of each watchdog, and institutions involved even where the nature of Committee. sidestepped this issue in its second response possible change may seem uncomfortable and in January (HC 43). PASC’s disappointment challenging. Whilst repealing the prohibitions Link to JCHR report for the 2007-2008 at this was compounded by the fact that the against Roman Catholics, for example, session: http://www.publications.parliament.uk/ move to put the Civil Service Commissioners could lead to sundering the compulsory link pa/jt200708/jtselect/jtrights/173/173.pdf on a statutory footing had in the meantime between the sovereign and the Church of fallen by the wayside with the Constitutional England, it would not necessarily involve Renewal Bill. ‘disestablishment’. Accordingly, it is hoped that | THE CONSTITUTION UNIT MONITOR | ISSUE 41 | JANUARY 2009 | 4

DEVOLUTION

Devolution and the Centre the opportunity for political choices beyond the Northern Ireland unionist-nationalist divide. As the global economic climate has continued Northern Ireland’s political class ended another to worsen, the governments of the United Scotland year of living dangerously with the devolved Kingdom have increasingly had to work executive meeting once more – ending a five- together to solve shared economic problems. The constitutional debate in Scotland was month hiatus. The deadlock, arising from the once again overshadowed by Westminster refusal by the Democratic Unionist Party to Inter-governmental co-operation has also politics following the bye-election campaign accept the devolution of policing and justice by been apparent on the passage of legislation. in Glenrothes (Gordon Brown’s ‘back yard’). May 2008, had led Sinn Féin to veto meetings Welsh and UK institutions have continued to If the SNP had repeated its ‘earthquake’ win of the Executive Committee from June. work together to progress further Legislative in a safe Labour seat then this would have Competence Orders (LCOs) and in November improved its prospect of winning more UK Amid the deepening economic crisis, public 2008 the Scottish Parliament passed seats, and therefore its negotiating position unease mounted, as a disconnect yawned another Legislative Consent Motion (LCM) in on independence. However, Labour’s Lindsay between the continued prioritisation of relation to the UK Energy Act. The Queen’s Roy was elected with 55.1% of the vote and a constitutional issues by the dominant parties Speech contained a range of legislation 6737 majority over the SNP (down from John and the widespread aspiration for the focus with applicability in the devolved regions, MacDougall’s majority of 10,664 in 2005). to shift towards day-to-day, ‘bread-and-butter’ suggesting that the relationship between the concerns. The Belfast Telegraph accused the devolved administrations and the centre is While the previous SNP by-election success politicians of ‘living in some parallel province going to continue to be lively over the course cemented its new image as a serious … unaware of the rising anger’. of the upcoming year. Much of the legislation challenge to Labour dominance, its ‘failure’ will require the consent of the devolved to repeat the task tells us less about their With business activity falling and assemblies and much of the remainder will at respective longer term prospects. Clearer unemployment mounting, particularly in least need the co-operation of the devolved is the fact that the personalisation of these construction, the business community lobbied administrations in order to work effectively. by-elections as a gauge of Gordon Brown’s hard for ministers to return to the executive government worked in Labour’s favour this table, concerned that public contracts were Devolution finance remains an issue of time, due to the international reception of his being held up. The CBI’s regional director growing importance. The interim report of financial rescue plan. complained: ‘We are in the midst of the world’s the Calman Commission on the Future of worst financial crisis and our politicians cannot Scottish Devolution published in December This new image of Brown extended to a agree to sit down and talk to each other.’ 2008 devoted a detailed chapter to the comparison with Alex Salmond. While Brown financial accountability of the Scottish seemed able to intervene personally by In November, with fully 60 papers having Parliament, and has undertaken to identify giving his formal permission to Lloyds TSB to accumulated in the Executive Committee’s different combinations of funding mechanisms takeover HBOS, Salmond’s role was restricted in-tray for signing-off, a deal was cobbled in the next stage of its work. In Wales the to informal negotiations with the banks over together which allowed the executive to Independent Commission on Funding and the future of Scottish jobs and the Bank of reconvene. No date for the devolution of Finance was launched in October, and its chair Scotland’s HQ and ability to produce Scottish policing and justice was secured by SF, but Gerry Holtham has promised a first report by notes. The process accentuated the image of there was a tacit belief that it would take place summer 2009. Meanwhile at Westminster the small nations as vulnerable to global economic after the June 2009 European Parliament House of Lords has established an ad hoc shifts. It also did much to damage a carefully election, when the DUP faced an awkward Select Committee to examine the effectiveness cultivated image of Salmond as a statesman challenge from a party defector and feared SF of the Barnett formula and consider alternative on the world stage. This perhaps contributed would top the single-transferable-vote poll. mechanisms: the committee first met on to a greater ability of Labour to campaign on 17 December. issues of ‘low politics’. In particular, the SNP Fractures remained, however, with the two candidate was the leader of Fife Council, Peter parties still at loggerheads on other issues, Northern Ireland saw two major developments Grant, who became too closely associated notably the future of academic selection – with take place which are likely to have long- with a new charging regime for ‘free’ personal chaos looming after its termination this school lasting repercussions. Firstly, after months of care for older people. year. At an angry meeting in west Belfast, deadlock, an agreement has been reached one parent declared: ‘This is an absolute between the DUP and Sinn Féin on the The SNP’s national conversation also shambles. I feel such anger that I do not have process to devolve policing and criminal justice appeared to take a back seat to the Calman a clue what is going to happen to my child powers to Northern Ireland and to start holding Commission’s first report. Following the next year.’ meetings of the Northern Ireland Executive restatement of its overarching point – that again. The second development is that the devolution has been a success within the The Ulster Unionist Party and SDLP ministers Conservative and Ulster Unionist parties have much-needed Union – and its principle of fiscal increasingly behaved as an opposition within reached an election pact whereby they will put autonomy – ‘greater tax devolution would be the government, casting doubt alongside up joint candidates in General and European associated with less shared social citizenship’ Alliance on the viability of the DUP-SF elections. Both of these events suggest a – it emphasises the prospect not only of giving relationship. The UUP leader, Sir Reg Empey, continuing normalisation of politics in Northern the Scottish Parliament more powers (in areas described it as ‘a coalition of the “ourselves Ireland. The DUP-Sinn Féin agreement on such as health and safety) but also taking alone” parties, based on the principle of devolution reaffirms the hope that politics some back (nuclear power). Overall, the report sustaining the divisions and building newer can work in Northern Ireland without the is a masterly attempt to say very little but hint and higher walls’. There were tensions within need for violence; while the introduction of a at a lot. his own party about a limited electoral liaison mainstream UK party offers Northern Ireland Paul Cairney, University of Aberdeen with the Conservatives, which provoked DUP | ISSN 1465–4377 | 5

DEVOLUTION (CONT’D) ire over the prospect of unionist division at the Richard Wyn Jones & Roger Scully, strategy; that LAs will be required to produce next Westminster election in seats with a fine Institute of Welsh Politics an assessment of local economic conditions; sectarian balance. and confirmed the direction of travel on sub/ Regions city-regional working. Robin Wilson, Queen’s University Belfast The period has been dominated by bad The strands of sub-regional policy have Wales economic news. Determined to show that been drawn into two bills for the new it was responding to the challenge of the session announced in the Queen’s Speech Whether this is a reflection of the country’s downturn, in September the Government in early December. The Local Democracy, immature political media, more comfortable established a National Economic Council Economic Development and Construction with personalised sensation than serious (NEC) to co-ordinate a policy response. Bill underpins the Government’s Community analysis, or whether it indicates a more This cross-departmental ministerial forum is Empowerment agenda but also aims to fundamental instability, post-devolution Welsh supported by two committees with a regional “devolve decision making to regions and politics has been dominated by questions of dimension: firstly, a Council of Regional local areas”. The second, the Business Rate political leadership. In the closing months of Ministers, attended by each of the Regional Supplement Bill, will introduce a limited 2008, political Wales has been fascinated by Ministers to discuss the wider issues affecting degree of financial devolution by allowing the deliciously fractious race for the leadership the regions; and secondly, a Regional upper tier local authorities to use the product of the , as well as Economic Council that brings regional of a business rate supplement of 2p in £1 to the sound and fury surrounding the expense stakeholders and ministers together to discuss support economic development. Whether any claims of Tory leader Nick Bourne. The the “real issues” facing their local economies. authorities will try to use the power, and any phoney war preceding the inevitable race to The prominent role that has now been found business communities support them, during succeed has also continued, for Regional Ministers is striking. a recession, remains to be seen. with two candidates clearly preparing to stand – favourite , as well as Huw It also raises the question of how they James Rees & Alan Harding, University Lewis – and speculation continuing about will interact with the new Regional Select of Manchester the ambitions of a third possible contender, Committees (RSCs) at Westminster, which Edwina Hart. come into effect in January 2009. In July 2008 the Modernisation Select Committee INFORMATION POLICY Given the potential role of the Liberal recommended the creation of regional select Democrats as a hinge party in coalition committees as well as grand committees for Freedom of Information arrangements, Kirsty Williams’ victory over each administrative region (except ) in Jenny Randerson in the battle to succeed Mike order to strengthen scrutiny of the regional tier, Freedom of Information and Trust German has wider ramifications for Welsh and RDAs in particular. It was proposed that politics. Williams’ elevation makes a future committees would have a small membership, One of the objectives of Britain’s FOI Lib-Lab deal more likely. Not only is she more reflect the political composition of the House, legislation is to improve levels of public trust in ideologically attuned to Labour; more parochial and have the ability to travel around and meet government. Two recent publications highlight concerns also point in this direction. In contrast in the regions. The Government accepted the the difficulties surrounding this issue. to Randerson’s Cardiff Central constituency, recommendations of the Committee, and on where Labour is the main enemy, in Williams’ 12 November the House of Commons voted The first finding is from the 11th Ministry of Brecon and Radnorshire the battle is with for the Standing Order to establish eight Justice Information Rights Tracker Survey, the Conservatives, with tactical support from regional select committees and the same published in October. The survey asks the Labour voters an important factor for the number of grand committees. The role of the public, among other things, whether public Liberal Democrats. It may also be significant RSCs will be to “examine regional strategies authorities are more open and trustworthy. that Rhodri Morgan has floated a proposal and the work of regional bodies”, rather The latest results found that 37% agreed that that Labour soften its stand against PR for than considering the impact of nationally-set authorities were more open and trustworthy local government – this specifically in order to policies. while 46% disagreed and 24% neither facilitate future coalition negotiations with the agreed nor disagreed. The data across all the Liberal Democrats. Progress continues with the existing seven tracker surveys shows that ‘consistently more Multi-Area Agreements that were confirmed respondents have disagreed than agreed’ that Of more immediate importance, however, in the summer of 2008, and negotiations are authorities are more open and trustworthy. are the continued problems surrounding continuing with other city- or sub-regions Although the tracker found that the ‘gap has the operation of the current devolutionary that wish to become MAAs. Some (perhaps narrowed in the last two waves’, it was too dispensation, and in particular the LCO three) will be ready for sign-off in January early to tell whether this represented simply process. While most of the tensions between 2009, while a further group is aiming to ‘volatility’ or a ‘discernible trend’ of Cardiff and London remain contained complete in the spring. Contained within the improving trust. behind close doors, it is clear that the Select Pre-Budget Report was an indication that two Committee on Welsh Affairs is becoming city-regions will be selected at Budget 2009 The second set of findings, from the Committee an increasingly assertive veto player in the to become statutory city-regions (to be known on Standards in Public Life’s Survey of public Assembly Government’s legislative plans. as Economic Prosperity Boards). In the same attitudes towards conduct in public life 2008, Should this trend continue – and there is every week the Government published its response shows the further complexity caused by the reason to expect that it will – then this will to consultation on the Sub-National Review. role of the media in using and reporting FOI inevitably generate very significant tensions This confirmed that: RDAs will be responsible, disclosures. The survey found that levels of within the current governing coalition in Cardiff jointly with newly-created regional Local trust in politicians and their conduct continues Bay, but also inside the Party. Authority Leaders Boards, for a single regional to fall. It then asked respondents what issues | THE CONSTITUTION UNIT MONITOR | ISSUE 41 | JANUARY 2009 | 6

INFORMATION POLICY (CONT’D) were foremost in their mind when answering. a witness for the Commissioner, said that moved to The issues most frequently mentioned the episode should be subject to scrutiny as replace Nick Herbert as Shadow Secretary of included the release of MPs’ expenses and it represented a major failure of collective State for Justice, and to Shadow the Speaker’s use of taxis, both of which Cabinet government. Leader of the House. were disclosed as a result of FOI. Similarly, respondents in Northern Ireland most Data Protection Christopher Graham (Director General of the commonly cited the resignation Ian Paisley jnr, Advertising Standards Authority), has been who resigned after a series of FOI requests The Information Commissioner is to be named as the new Information Commissioner by a journalist revealed close links to property given more powers to regulate the Data to succeed Richard Thomas, who steps down developer Seymour Sweeney. While all the Protection Act. The MoJ has put forward at the end of June. Sir Andrew Likierman is disclosures can be viewed as ‘positive’ in proposals following the Data Sharing to be the inaugural chairman of the National making political figures more accountable, the Review and consultation on the Information Audit Office board, andAmyas Morse is to overall effect was a negative impact on public Commissioner’s inspection powers and become Comptroller and Auditor General. trust and confidence. funding under the Data Protection Act 1998. Among the key proposals are the power Vijay Rangarajan has taken up post as the Cabinet Minutes on to carry out spot-checks on government new Constitution Director in the Ministry of departments and public authorities, impose Justice. On 25 and 26 November the Information monetary penalties for loss of data and the Tribunal reviewed the Commissioner’s recent publication of a statutory data sharing code of decision that the Cabinet Office should have to practice. The proposals are to be introduced disclose cabinet meeting minutes concerning ‘as soon as parliamentary time allows’. Professor Sir Bernard Crick the Iraq War. Amongst the witnesses was Cabinet Secretary Sir Gus O’Donnell who The Unit notes with sadness the death PEOPLE ON THE MOVE defended the Government’s position of of Bernard Crick on 19 December. Sir non-disclosure, making the point that “there Bernard was a UCL alumnus, and officially is a strong public interest for a space within The October Labour reshuffle saw Jim opened the Department of Political Science Cabinet for ministers to make their case Murphy move from Minister for Europe to in 2007. He was also a founder member without fear this will be used against them.” replace Des Browne as Scottish Secretary, of the Study of Parliament Group, and Highlighting current circumstances, Sir Gus and Baroness Royall of Blaisdon replaces his In Defence of Politics (1962) remains remarked that disclosure would have a “strong Baroness Ashton of Upholland as Leader essential reading for all those concerned deleterious [effect] on any future discussion.” of the Lords. about political disengagement.

The Information Commissioner argued that ’s January reshuffle saw David the damage will be limited and that the public Heath become Shadow Leader of the House, interest in showing what went on at this hugely and David Howarth replaces as controversial moment in history outweighs the Shadow Secretary of State for Justice. need to protect it. Professor Peter Hennessy,

INTERNATIONAL FOCUS

FOCUS ON CANADA

Canada had an exciting time constitutionally during the autumn. First, a federal general election on 14 October returned the Conservative government to power, with more seats but still as a minority. It proceeded to try to cut federal funding to all political parties, which stung the three opposition parties (the Liberals, the New Democrats and the sovereigntist Bloc Québecois) to band together at the end of November to form an alternative coalition government of Liberals and NDP, with support from the Bloc from outside, to replace the Tories. That news prompted the Prime Minister, Stephen Harper, to ask the Governor-General (the Queen’s representative in Canada) to prorogue Parliament until late January 2009 to avoid a confidence vote which it was clear he would lose. Rather controversially, the Governor-General agreed. This action could have parallels for other Commonwealth states (including the UK) where the head of state or his/her representative acts on the advice of the prime minister.

One consequence of the deferred confidence vote was that the federal Liberals moved rapidly to replace Stéphane Dion, party leader and apparent architect of the coalition. He has been succeeded by Michael Ignatieff, who was notably sceptical about the coalition but who has announced his intention to maintain it. Another was that Conservatives’ Quebec allies, Action Démocratique du Québec, collapsed and the Parti Québecois surged back, as the Parti Libéral du Québec won a majority in the provincial election on 8 December. But what the situation will be come January and the federal budget may be a different matter. | ISSN 1465–4377 | 7

CONSTITUTION UNIT NEWS

State of the Nations 2008 It will be harder for universities in Scotland, parliament, and use of social psychology are Wales and Northern Ireland to maintain their welcome: [email protected] December saw the release of The State of position, let alone break into the top league of the Nations 2008, the latest edition in the UK universities if they are not there already. Constitution Unit seminars Unit’s well-established State of the Nations series. Edited by Unit Alan Trench and in The report is available from Universities UK’s In November, Sam Younger, outgoing chair collaboration with academics from across the website at: http://www.universitiesuk.ac.uk/ of the Electoral Commission, gave a seminar UK the book continues the work of previous Publications/Pages/Devolution.aspx in which he reflected on the challenges volumes; analysing the key events and he faced in his eight years at the helm of developments in devolution over 2007 and the Constitutional Futures Revisited Launch the organisation, and those which await first half of 2008. his successor. In particular, he highlighted The Constitution Unit launched Constitutional the work the Electoral Commission has 2007 was a year of great change for Futures Revisited: Britain’s Constitution to undertaken in areas of huge change devolution in the , it saw 2020, at a conference in the grand setting of and controversy such as party finance, nationalist parties enter government in Wales Lancaster House, London, in mid November. modernisation of the electoral process, and Scotland for the first time, devolved electoral administration and promoting public government return to Northern Ireland and a A day of lively and informative panel awareness of democratic institutions and new Prime Minister in Westminster. The State discussions ensued with academics, processes. of the Nations 2008 looks into the background politicians, journalists and officials responding and the likely impact of these and other, less to the themes of the book. The sessions Constitutional watchdogs were the subject of high-profile, developments in assessing the mirrored the book’s structure, with guests the December seminar, where Oonagh Gay state of devolution in 2008. In addition the debating the future of devolution, the and Barry Winetrobe presented the findings book tackles underlying issues, including institutions of the central state, new forms of of their recent report. Both emphasised the trends in policy-making and the increasingly accountability, and representation. need to set out an overarching set of principles problematic way in which devolution is to ensure that constitutional watchdogs can financed. Constitutional Futures Revisited has used strike a balance between the twin demands the technique of ‘futures studies’ to create of independence and accountability, key At a time when devolution is under review scenarios of how the British constitution is among them the concept of “interdependence” the book makes an important contribution, likely to develop over the coming decade. The between officers, parliament and the executive predicting that until Whitehall fully comes approach aims to make the book useful for (see next item). to terms with the implications of devolution everyone involved or interested in the future government will suffer across the UK. of the political landscape. Amongst other Parliament’s Watchdogs: at the Crossroads questions, it asks whether the future will bring Five years on from a previous Unit study More details at: www.ucl.ac.uk/constitution- greater dispersal of power from the centre, on constitutional watchdogs, Oonagh Gay unit/research/devolution/sotn08.htm what is the future of Britishness, and what and Barry Winetrobe revisit and assess the implications are of political parties’ dual the changing regulatory landscape in the Devolution and Higher Education dilemmas over membership and finance? proper conduct of public business. The recent proliferation of watchdogs, their role in A report on devolution and higher education The conference was hosted in conjunction with comparative jurisdictions and an examination commissioned from the Constitution Unit was the Institute for Government, and the research of their relationships to Parliament are central published in December 2008. Written by Alan for the book was funded by the Nuffield to this edited briefing, which also contains a Trench (honorary senior research fellow at Foundation. foreword by Tony Wright MP. the Unit) for Universities UK, which represents university principals and vice-chancellors, the To order the book at a 50% discount see: More details at: http://www.ucl.ac.uk/ report finds that the devolved governments http://www.ucl.ac.uk/constitution-unit/research/ constitution-unit/publications/unit- are subject to greater constraints in shaping constitutional-futures-revisited publications/144.htm their own approaches to higher education than many have thought. Key to this is funding: Meg Russell Research Fellowship Personnel news the system of deferred variable fees (which applies in England, Wales and Northern On 1 October Meg Russell began her three- Welcome to Meghan Benton. Meghan has Ireland) of up to £3145 a year payable after year ESRC-funded Research Fellowship. This started work as a part-time research assistant graduation, increases higher education funding will continue work on the contemporary House to Meg Russell in her work on the House of at the expense of students. This means the of Lords, and also begin two new areas of Lords, the Policy Impact of Parliament and extra income for universities is outside the research. The first is work on the Policy Impact the social psychology of political behaviour. Barnett formula – so Scotland gets no extra of Parliament, where it is hoped to put together Meghan is working on a PhD in the department funding, and faces hard choices if it wishes a collaboration investigating the real policy on the rights of resident non-citizens. to take a different approach to funding higher impact of both Commons and Lords. The Previously she worked for the Institute for education while maintaining the high quality second area is exploratory work using theories Public Policy Research, and for an MP. of its universities. Wales has struggled to find from social psychology to explain political (and ways to mitigate the impact of the UK policy there. in particular parliamentary) behaviour. Meghan The Unit would also like to thank its sprightly Benton, a PhD student in the Department of batch of interns for their company and hard The overall tendency of the UK policy is to Political Science, has been appointed as part- work this autumn: Chris Austin, Tony Daly, reward already-successful institutions, and time Research Assistant to the programme. Peter Lamb, Chris Loxton, Jessica Levy and they are concentrated in south-east England. Suggestions about the policy impact of Chris McCarthy. 8 BULLETIN BOARD

RECENT UNIT PUBLICATIONS FORTHCOMING EVENTS PUBLICATIONS RECEIVED

• Gay, O. and Winetrobe, B.K. (eds) Constitution Unit Seminars • Allan, J.R., Courchene, T.J. and Parliament’s Watchdogs: At The Leuprecht, C. (eds) Canada: The State Crossroads. Constitution Unit briefing • Sir Chris Kelly (Chair, Committee on of the Federation 2006/7. Transitions: in association with the UK Study of Standards in Public Life), Tuesday 24 Fiscal and Political Federalism in an Era Parliament Group, 2008. February, 6pm, The Role of the Committee of Change (Montreal & Kingston: McGill- on Standards in Public Life. Queen’s University Press, 2009). • Hazell, R. (ed.) Constitutional Futures Revisited: Britain’s Constitution to 2020 • Tony Travers (Director, Greater London • Commission on Scottish Devolution (Basingstoke: Palgrave Macmillan, Group, LSE), date tbc, Elected Mayors. (Calman Commission), The Future of 2009). Scottish Devolution within the Union: A • Sir MP (Chair, Justice Select First Report, Vols I and II (Edinburgh: • Morris, R.M. (ed.) Church and State Committee), date tbc, Devolution: A Decade Commission on Scottish Devolution, in 21st Century Britain. The Future of On. In association with the Constitutional 2008). Church Establishment (Basingstoke: Law Group. Palgrave Macmillan, forthcoming). • Committee on Standards in Public Other speakers this year will include: Life, Survey of public attitudes towards • Paun, A. Towards a New Settlement? conduct in public life 2008 (London: A review of experience from the • Jenny Watson (Chair, Electoral Commission) Committee on Standards in Public Life, first decade of Scottish devolution. • Richard Thomas (Information Commissioner) November 2008). Constitution Unit Report to the • Lord Jay of Ewelme (Chair, House of Lords Commission on Scottish Devolution Appointments Commission) • Gash, T., Hallsworth, M., Ismail, S. and (Calman Commission), July 2009. Paun, A. Performance Art: Enabling Constitution Unit and Ministry of better management of public services • Russell, M. and Sciara, M. ‘Independent Justice seminars (London: Institute for Government, Parliamentarians En Masse: The November 2008). Changing Nature and Role of the Programme to be announced. Check website ‘Crossbenchers’ in the House of Lords’, or subscribe to events mailing list for details: • Grauberg, J., Jackson, P.M., Gray, A., Parliamentary Affairs 62(1): 32-52. http://www.ucl.ac.uk/constitution-unit/ Parsons ,W., Boaz, A., Shaxson, L. events/index.html and Parker, M. Evidence-based policy • Russell, M. and Sciara, M, ‘The Policy making, (London: National School of Impact of Defeats in the House of Lords’, Government Information Policy seminar Government and Public Management British Journal of Politics & International series (subscription only) and Policy Association, 2008). Relations 10(4): 571 – 589. • Rudi Leoni (Wandsworth Borough Council), • Ministry of Justice, Freedom of • Trench, A. (ed.) The State of the Nations Thursday 19 February, 6.15pm. The Good, Information Act 2000 – Statistics on 2008. Into the Third Term of Devolution the Bad, and the Ugly: Vexatious requests. implementation in central government: in the United Kingdom (Exeter: Imprint Q3 July – September 2008 (London: Academic, 2009). • Richard Allan (European Government Ministry of Justice, December 2008) Affairs Director, Cisco, and chair of Power • Trench, A. Devolution and Higher of Information Taskforce), Wednesday 20 • Parliamentary and Health Service Education: impact and future trends. May, 6.15pm, Public Information and Public Ombudsman, Improving Public Service: Research report prepared for Participation a matter of principle. First Report, HC9 Universities UK, December 2008. (London: The Stationery Office, 2008) Other speakers in the series include: • Various authors, Devolution Monitoring • The Ministry of Justice Information Directorate Reports September 2008 (Scotland, • The Information Commissioner’s Office Wales, Northern Ireland, English • The Information Tribunal Regions, and Devolution & The Centre) Available at www.ucl.ac.uk/ For details on how to subscribe see: constitution-unit/research/devolution/ http://www.ucl.ac.uk/constitution-unit/ devo-monitoring-programme.html. foidp/events/seminar-series.html

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