M O N I T O R Issue 13 The Constitution Unit Bulletin Dec 2000 The State and the Nations Tomaney in Newcastle. In December the Constitution Contents Unit launches its latest book, The ‘Seen from Whitehall, the mood is

State and the Nations: the First Year one of quiet assurance’, Robert of Devolution in the UK. The book Devolution Hazell added. ‘But look at the 2 brings together the first fruits of individual country chapters in the Northern Ireland 3 the Unit’s £1m 5-year research book, and a different picture 3 programme on The Nations and emerges. Here devolution can at English Regions 4 4 Regions: the Dynamics of Devol- best be described as having got off The Centre ution, which is funded by the to a slow and rather shaky start’. Parliamentary Reform 5 Leverhulme Trust. The book will The opening chapters record in Elections and Parties 6 be launched at the Unit’s first detail the savagery of the press Human Rights 7 State of the Union Lecture at attacks on the new Scottish The Courts 7 Westminster on 11 December. The Parliament; the instability of the Freedom of Information 8 lecture, which was to have been European News 8 devolution settlement in Wales; 9 given by Donald Dewar, will now Overseas News the fragility of the power-sharing be given by Robert Hazell. executive in Northern Ireland; People on the Move 9 and the growing interest in ‘I had sent Donald the proofs of 10 regional government in . Constitution Unit News our book, and I was really looking forward to his response’, Robert The second half of the book Unit Project Reports Hazell said. ‘We have dedicated records how central government Regional Government in 10 the book to his memory. I must is being reshaped, with two England now give a lecture which is Regional Government in pioneering chapters on the impact 10 worthy of him’. The lecture will France and Spain of devolution on Westminster and Coalition Government in highlight two of the key findings Whitehall. Westminster is making Germany 11 in the book: the instability of the a series of sideways steps towards Top Courts 11 devolution settlement, and the becoming a quasi-federal Parlia- Managing Conflict after Devolution 11 search for answers to the English ment; and in the House of Question. The first half of the Commons structures and proc- Publications Received 11 book contains expert accounts of edures are emerging which could Bulletin Board 12 the first year of devolution in make Westminster a proxy for an the new devolved administ- Scotland, Wales, Northern Ireland English Parliament, in ways rations. It gives details of all the and the English regions, written Robert Hazell will develop in his by the Unit’s research partners in lecture. Whitehall has seen more each country: Graham Leicester in rapid changes, and the Whitehall Concordats and Cabinet Office Scotland, John Osmond in Wales, chapter gives a full account of the Devolution Guidance Notes, and Rick Wilford and Robin Wilson in intergovernmental machinery put the first meetings of the Joint Northern Ireland, and John in place to handle relations with Ministerial Committee on Happy New Year to all our readers!

The Unit has recently redesigned its website: take a fresh look! SCHOOL of PUBLIC POLICY You can find further details of up-coming events and 29/30 Tavistock Square, publications on the back page, and on the flyer enclosed. London WC1H 9QU email: [email protected] www.ucl.ac.uk/constitution-unit/ ISSN 1465-4377

Devolution and the British-Irish Council. (cont. p.2)

2 Monitor: Issue 13 - Dec 2000 ISSN 1465-4377

State and the Union cont from p.1 pensioners to travel free on local bus services The closing chapters cover changing public from 2002. However, of longer term import so attitudes to devolution and the Union, and the far as the devolution settlement is concerned is a new governance arrangements in London. Like commitment to create an independent the rest of the book, they contain a mine of commission to examine the Assembly’s powers useful and up-to-date information. The aim is to and electoral arrangements. This will be provide a complete contemporary record, with established during the current term but will not all the relevant facts and figures: in all the book report until after the next Assembly election in contains over 70 charts and tables. As a volume May 2003. of record the book should provide an essential More immediately the Agreement commits to up-to-date guide for practitioners, and for securing ‘the independence of the Office of the students and teachers. The Unit plans to produce Presiding Officer and the civil servants that a similar book each year for the next five years, work there.’ This undertaking puts in place a to provide a comprehensive account of defining characteristic of a parliamentary body, devolution as it unfolds, and to explain how and thereby a de facto move away from the devolution reshapes the British state and its Assembly’s de jure constitutional status as a component nations. corporate body, laid down in the 1998

Government of Wales Act. The change was • To order the book The State and the Nations: expressly recognised by the Assembly in October The First Year of Devolution in the UK, when it approved (by 50 votes with none complete the flyer enclosed with this opposing) a new Standing Order No 28 mailing. • establishing a House Committee to advise the To attend the lecture please complete the Presiding Officer and to determine a separate events flyer enclosed. £22.3 million budget for his Office. The Plaid • To order the text of the lecture, please Cymru leader greeted the complete the publications order form. change as ‘an historical step forward’ expressing the hope that it would be ‘a way of persuading Devolution the government in London that the days of the body corporate are over.’ Wales The National Assembly was put on a completely Importing coalition politics into Wales proved a new footing in October with the announcement shock to the system. Most Labour AMs were of a coalition government between Labour and unaware of the development until the day before the Liberal Democrats. At a stroke the Assembly the announcement. It prompted the first executive was provided with an assured resignation of a cabinet minister, Tom majority and a programme for government, two Middlehurst, who had been responsible for post- attributes that had eluded it during the first year 16 education, who objected to Liberal Democrats of devolution. This transformation came with a entering the cabinet. It also led to a revolt by price tag, however: two seats in the cabinet for some Labour local government leaders, appalled the Liberal Democrats with their leader Michael at the Partnership Agreement’s commitment to German becoming Deputy First Minister in entertain the prospect of proportional charge of Economic Development, while his representation for local government elections. colleague Jenny Randerson became Minister for Culture, an entirely new portfolio. Northern Ireland It has been the best, but also the worst, of times These ministerial titles - previously cabinet in Northern Ireland. members were known as Secretaries - signalled more substantive constitutional developments The four-party executive finally agreed in on a broad front. The 25-page Partnership October what it would substantively do after 30 Agreement that took nearly two months to months of high (or, perhaps, low) political negotiate contains a raft of policies across the manoeuvring between the ethno-nationalist range of the Assembly’s responsibilities. protagonists. Here, at last, was a draft Headline commitments are free school milk for programme for government with a confidence- all children under seven, a freezing of building message of ‘making a difference’. One prescription charges, and legislation to allow with some ‘joined-up’ sophistication and the

Monitor: Issue 13 - Dec 2000 3 ISSN 1465-4377 capacity thus to cement the partisan ministerial Scotland fiefdoms. Here, also, was a draft budget, for the Much has changed in Scotland. We have a new first time reflecting regional priorities. leader of the opposition and a new First Meanwhile, there was patient work in the Minister. Many had called for a fresh start at the Assembly (if criticism of its lack of end of a disappointing first year for the new transparency) and the Civic Forum met. political system, but none had imagined this. But a poll showed confidence in the agreement John Swinney took over from as falling; sharply amongst Catholics to rock- leader of the SNP in September. Salmond bottom amongst Protestants. And the instit- stepped down after ten years in the post - his utions of the agreement - their interdependence future role still looks uncertain. Swinney has meaning shocks destabilise the whole baroque quietly sought to support the gradualist forces in architecture - came under increasing strain. his party - concentrating on becoming an The failure of the policing commission to effective opposition in Holyrood and generate a consensual report led to a Police Bill overhauling internal policy and co-ordination both unionists and nationalists opposed. Ethnic machinery for that purpose. hurt, mobilised in the Protestant community Labour’s change of leadership was more over the loss of the Royal Ulster Constabulary dramatic and shocking following the sudden name, struck a body-blow to as death of Donald Dewar on 11 October. With a leader and First Minister, parliamentary requirement to fill the First as the Democratic Unionists (already Minister vacancy within 28 days, Labour could undermining the executive by their absence) not run a formal leadership election in time and won a hitherto safe UUP seat. But republicans instead had to settle for an interim election presented the Bill as a cave-in before British involving just the parliamentary party and the ‘securocrats’ and thus a reason (or, perhaps, executive, with a formal election to be held later excuse) for not engaging with the in December. decommissioning commission, although they did allow a second arms inspection. The interim election took place on 21 October, three days after Dewar’s funeral. The result was That, in turn, prompted an embattled Mr never in doubt. Henry McLeish, the ‘natural Trimble to harden his defences against his successor’ defeated Jack McConnell - the only internal challenger, Jeffrey Donaldson, insisting person willing to stand against the consensus not only that policing reform should be halted and who cleverly portrayed himself as the but also that he would not allow Sinn Féin alternative to ‘London’s choice’. In the event the ministers to attend the North/South Ministerial margin was worryingly slim for McLeish, 44-36, Council. Mr Trimble survived, narrowly, once and left him looking considerably weaker as a more but his deputy, Séamus Mallon, was result. prompted to display solidarity with his Sinn Fein colleagues. McLeish was duly elected by the Parliament as First Minister on 26 October and lost no time in All this took place against a backdrop of rising announcing a reshuffle three days later. He paramilitary violence, with nine deaths in the moved McConnell, a former teacher, to quarter caused by three ‘cease-fire’ organ- education - seen as a poison chalice by many isations - one represented in government and given the scandal that engulfed the executive another in the Assembly. An extraordinary over the summer when the Scottish attempt was made by the US administration to Qualifications Authority failed to provide stop a programme about IRA gun-running in accurate exam results for many candidates. the States. And the British government There were a number of other cabinet and appeared to reach a limit on non-reciprocated ministerial changes, including the creation of an ‘demilitarisation’ measures. additional cabinet place. All of the changes A review of the whole agreement began openly make perfect sense from the point of view of a to be discussed. It is a prospect no one can man shaken by the narrowness of his victory countenance with equanimity. and trying to build support across the party, but they move against the growing feeling before Dewar’s death that Scotland needs fewer Ministers not more.

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McLeish’s first moves in office have been less Unit, which looked at ways of improving the sure-footed. His first appointment was Peter delivering of central government programmes in McMahon, political editor of the Daily Mirror, the regions. Like RDAs, Government Offices for to act as spin doctor and a flurry of the Regions (GOs) will also have access to a announcements followed designed to reassure single budget comprising contributions from the the public that Henry would be in touch with three lead departments. In addition, staff from their concerns. He has promised a policy review other departments (e.g. MAFF) will be located to weed out initiatives without popular support within GOs in order to facilitate more ‘joined up - spun to the media as a ‘dump the crap’ government’. It is clear though that the RCU will programme - and is committed to involving exercise tight central control over the activities of backbench MSPs (most of whom voted for GOs. McConnell) more closely in policy devel- Regional Chambers are likely to get new opment. The first hints from the policy review planning powers as a result of the publication, in process have been promises for (yet another) October, of ‘Planning Policy Guidance 11: ‘bonfire of the quangos’ and a second look at Regional Planning Guidance’. PPG11 gives a the UK government decision on funding of long bigger role to regional interests in the term care. All of which has led to a heightened preparation of regional planning guidance. It is sense of confusion and uncertainty - not unlike likely that in most regions Chambers (or the feeling eighteen months ago when ‘Assemblies’, as most now style themselves) will devolution first began. undertake this task. Notwithstanding this new responsibility, the Secretary of State will continue English Regions to be the final authority in regional planning Over recent months signs have emerged that matters. English regional government - the constit- More broadly, there appears to be a growing utional reform that dare not speak its name - preparedness on the part of ministers to raise the may be about to come out of the closet. It is no regional question. The Industry Secretary secret that Labour’s (always limited) enth- Stephen Byers made a speech in November, usiasm for English regional government fell in which was a tacit acceptance of the existence of the aftermath of the narrow Welsh referendum the North/South divide, which the Prime vote and the London debacle. While there is still Minister controversially appeared to disavow a a strong strand of scepticism inside highest year earlier. Also in November, the Trade echelons of the government, there are signs that Minister Dick Caborn, a noted regional the regional question is moving slowly back up government enthusiast, was forthright in his call the political agenda. on the government to bring forward concrete Major developments in recent months have proposals on the regional question. Little is included the provision of new resources and settled though and the regions watch the ‘increased flexibility’ for Regional Development preparation of Labour’s forthcoming manifesto Agencies as an outcome of ‘Spending Review with interest. 2000’ and reiterated in the Pre-budget Statement. Hitherto, RDA chiefs had complained that The Centre multiple lines of funding and accountability were The election of a Scot to the position of the hindering their ability to meet declared Speaker of the House of Commons has added objectives of economic regeneration. RDAs will renewed energy to the debate over the influence see their combined budgets rise by £500 million of MPs representing Scottish constituencies at per year by 2003/4. Also, from the next financial Westminster. William Hague continues to press year, the government will combine the resources the case for English votes on English laws. from three departments (DETR, DTI, DfEE) into a Speaking at Magdalen College Oxford, on the 13 ‘single pot’. As yet, it remains unclear what November, he promised that one of the first ‘increased flexibility’ will amount to in practice. actions of a newly elected Conservative A further significant development has been the government would be to prevent Scottish MPs publication of an ‘Action Plan’ by the newly from voting on matters relating to England and created Regional Co-ordination Unit. This unit Wales or England alone. was established in the aftermath of the report by the Cabinet Office’s Performance and Innovation

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The second meeting of the British-Irish Council scrutiny. This will bring into the open scheduled for 31 October, was cancelled foll- discussions that have taken place between the owing the death of Donald Dewar. usual channels. The Judicial Committee of the Privy Council has On 9 November, the Commons debated the heard its first cases arising under the Scotland report of the Liaison Committee (consisting of Act. The case of Montgomery and Coulter v Her the 33 Select Committee chairmen) on redressing Majesty’s Advocate, heard in July, sought to clarify the balance between Select Committees and the at what point in proceedings ‘devolution issues’ executive. Margaret Beckett MP, Leader of the may be raised. Judgement has been withheld House, set out the government’s reservations pending the outcome of related legal proceedings about allowing membership of Select in Scotland. In early November, the case of Committees to be determined by senior Brown v Stott was heard on appeal from the High backbenchers rather than by the party whips, Court of Justiciary in Edinburgh. The case arguing that it would concentrate too much involves the legality of statements obtained power in too few hands. She also denied the under s.172 of the Road Traffic Act 1988 and House the opportunity to vote on the questions the compatibility of such statements recommendations in the Liaison Committee with the right to silence and freedom not to report, although the Prime Minister had incriminate oneself under Article 6(1) of the promised a free vote during questions on 13 July. European Convention on Human Rights. An Early Day Motion supporting the report has Judgement is expected before Christmas. been signed by over 250 MPs (mostly Labour), including 30 Select Committee chairmen (EDM Parliamentary Reform 1135). Because of the 12 Bills still before Parliament in House of Commons Speaker the spillover (see June 2000 Monitor), the Queen’s Following the retirement of Betty Boothroyd, Speech opening the next session will not be until Michael Martin MP was elected Speaker from 6 December. amongst 12 candidates on 23 October. The archaic procedure, in which only one name can The Hansard Society is organising an on-line be voted on at a time, was widely criticised, and consultation on the scrutiny role of Parliament has been referred to the Procedure Committee. from 13 November to mid-December (see The Committee has twice reported on the http://www.democracyforum.org.uk/). election of Speaker, in 1972 (HC 111) and 1997 (HC 397). It will now be able to consider the Reform practice in the Scottish Parliament and Welsh A new committee has been established to discuss Assembly, which elect their Presiding Officers options for long-term House of Lords reform, by secret ballot. chaired by Foreign Secretary Robin Cook. It is a subcommittee of the Joint Consultative Strengthening Parliament Committee between Labour and the Liberal The Commons approved two major changes on 7 Democrats, and includes Lib Dem constitutional November, to introduce timetabling for all spokesman Robert Maclennan. The two parties, legislation, and to defer late night divisions to however, appear a long way apart in their views another day. Timetabling was proposed in the on the composition of the chamber. Labour’s 1992 report of the Jopling Committee, and in the conference in September rejected a proposal that first report of the Modernisation Committee elected members should make up a majority of (July 1997). The government failed to follow upper house members, preferring an open-ended through on the all-party support for time-tabling commitment where those elected are ‘not less in 1997 by changing Standing Orders. It has than that ... outlined in the Royal Commission’s done so now against opposition from the report’. The Lib Dems want a wholly-elected Conservatives and some of its own House. There has been no progress yet on backbenchers, who see it as unduly favouring establishment of the parliamentary Joint the executive. After second reading of every Bill Committee on reform, formally promised in July, a programme motion will be debated setting out and the new committee seems set to become an the timetable for the Bill, and the opposition can alternative forum for agreement. indicate which parts of the Bill most deserve

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Meanwhile, piecemeal reforms have continued. Parliament Acts (Amendment) Bill. This would The new Appointments Commission took the clarify the circumstances in which the 1949 Act unprecedented step of advertising for new peers, may be invoked. It would prevent the use of the and launched a website inviting members of the Act over any Bill seeking to amend the House of public to nominate themselves (see p.12). By the Lords’ powers (a change proposed by the Royal deadline of 17 November over 2,500 applications Commission) or composition. The Bill has no had been received. The Commission will chance of becoming law. recommend crossbench appointees only, with 8- On 21 November peers blocked the 10 appointments expected in the early months of Disqualifications Bill (which would allow 2001. It became evident that not all crossbench members of the Irish Dáil to sit at Westminster) nominations will pass through the Commission, and government looked set to drop the Bill. A when the government announced the week before the session closed difficulties appointment of Betty Boothroyd to the Lords in remained possible over a series of other Bills. October. Several issues have arisen relating to the part- Elections and parties time and unpaid nature of the House, which has come under strain as a result of this year’s heavy Electoral and Party Regulation legislative burden. Following agreement of The Political Parties, Elections and Referendum procedural changes in the Commons, the Bill reached committee stage in the Lords in government suggested changes to sitting hours October. Among the concerns raised by peers in the upper house. However, these were were the educational role allotted to the Electoral rejected by the Lords Procedure Committee in Commission, the subsuming of the various November, with concerns expressed that more boundary commissions by the Commission and daytime sittings would create difficulties for the allocation of spending limits for parties at peers with paid outside interests. Meanwhile the referendums. The Home Office Minister, Lord Neill Committee reported on 16 November on Bassam, indicated that the government hoped to ‘Standards of Conduct in the House of Lords’, have the financial regulations for parties and recommending that the Lords move from a interest groups in place by early February. Prior voluntary register of interests to a mandatory to the Bill’s enactment, consultations will take register of (both financial and non-financial) place with other party leaders on appointments interests. In a separate move, the issue of peers’ to the Electoral Commission. The consultations allowances (alongside MPs’ salaries and will also extend to setting spending limits for allowances) has been referred to the Senior parties. Although the Bill provides for spending Salaries Review Body. They have not however limits - £20m per party - these are set over a full been invited to comment on the possibility of year. Given the likelihood of an election in salaries for peers. spring 2001, the limits need to be set at a The ‘transitional’ House of Lords has continued proportion of the full year’s total. What this to flex its muscles and show signs of a new proportion should be will be the main issue for confidence. In September peers again blocked cross-party consultation. the Criminal Justice (Mode of Trial) Bill. The government conceded the Bill, which would be Electoral Reform difficult to reintroduce under the Parliament The next stage of the electoral reform agenda Acts due to its late introduction in the House of centres on the local tier. In Scotland, the debate Commons. The Parliament Acts will however be over the introduction of PR for local council invoked over the Sexual Offences Bill (which elections rumbles on. The Ministerial Working equalises the age of consent for homosexual and Group, that is following up the report of the heterosexual sex, as required by the European independent Kerley Committee, has raised the Court of Human Rights, and was first possibility that the next local elections, introduced last year). This caused controversy as scheduled for 2002, should be held alongside the government decided to force the Bill through Parliament elections a year later. This would without allowing the Commons to debate new give additional time for the introduction of an Lords amendments. Debate over procedure was STV voting system. The potential delay in the boosted when on 8 November Lord Donaldson, introduction of a new voting system tested the former Master of the Rolls, introduced the Liberal Democrats’ commitment to the coalition,

Monitor: Issue 13 - Dec 2000 7 ISSN 1465-4377 although they supported their Labour partner Human Rights during a recent debate in the Scottish Parliament. In Wales, one outcome of the new Human Rights Act Labour-Liberal Democrat coalition is a The Human Rights Act came into force on 2 commitment to review local government elect- October. Civil matters have figured more oral systems and the electoral system for the prominently than expected with eight plaintiffs Assembly itself. Meanwhile, it has been reported seeking ‘declarations of incompatibility’ under that Labour and the Liberal Democrats are the Act, in its first seven weeks, compared to drawing up plans to shift English local councils none in the criminal field. Two of the criminal to a PR electoral system. cases being fast tracked by government lawyers for appeal in early December concern the Women’s Representation hearing of bail applications in Magistrates’ The government have indicated that they are courts and the confiscation of the assets of drug considering changing electoral law to allow traffickers. parties to use ‘positive action’ measures to In late September, the government published its increase the number of women in elected office. ‘Points for Prosecutors’ covering some 21 This follows publication of the Unit’s report Convention issues that might arise in the courts Women’s Representation in UK Politics: What can be (see websites p.12). Further lines covering issues done within the law?, suggesting that such raised since October (e.g. bail applications) are changes were possible. When asked in being circulated internally. In October, a new ad parliament for her response to the report, hoc group was established in the Cabinet Office Margaret Jay said the matter had been referred to consider the policy implications of significant to the Home Office ‘to see whether legislation decisions taken in human rights cases. can be introduced’ (Lords Hansard, 2 October). A new electoral law could bring Britain into line Joint Parliamentary Committee with many other EU countries, where candidate Continuing disagreements between Labour and selection is considered a constit-utional, rather the Liberal Democrats over the committee’s than an employment, matter. composition and chairmanship have further delayed its formation, notwithstanding a Local Government government pledge to have it in place by the Analysis of the local election pilots used in May time the Human Rights Act came into force. has shown that only all-postal ballots had a consistently significant effect on turnout. The EU Charter of Fundamental Rights analysis, by Colin Rallings and Michael Thrasher of Plymouth University, shows that ‘mixed’ The UK government continues to maintain that experiments – where traditional forms of voting the proposed EU Charter of Fundamental Rights were combined with postal voting, weekend should be no more than a compilation of existing voting or mobile polling booths – had no rights accepted within the European Union in a consistent effect. The full report is available from non-legally binding text. Nonetheless, while it the Local Government Association (see appears that the Charter will only be proclaimed http://www.lga.gov.uk/lga/publications/electi as a political declaration and not incorporated onsummary.pdf). into the Treaty of Nice, its simple existence is expected to exert some influence on future The DETR has published regulations covering judgements of the European Court of Justice. the new constitutional arrangements for local Further moves by the European Commission to councils. These include guidance on try to have the Charter incorporated as a Chapter consultations with local citizens and the form of or Protocol in the Treaty of European Union are any referendum on directly elected mayors. anticipated. Local councils have been given until June 2001 to propose new constitutional arrangements, and to have these in place by June 2002. The executive The Courts retains the right to impose a referendum on any Judicial Appointments council failing to consult the public. The Lord Chancellor, Lord Irvine of Lairg, has invited applications for the new post of

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Commissioner for Judicial Appointments (The Council - contrasting these pressures with Times, 25 October 2000). The part-time, £70,000 historical examples of successful and failed per annum, post will involve leading the attempts to reform the UK’s top courts. Lord proposed Judicial Appointments Commission in Bingham’s speech dealt with both practical and the audit of the judicial appointments process, jurisdictional issues and posed a number of the production of annual reports on the process pertinent questions for those contemplating the for the Lord Chancellor, and the investigation of future role of the Law Lords. complaints. Interestingly, bearing in mind recent debate over the dual mandate of the Lord Freedom of Information Chancellor as cabinet minister and judge, the advertisement stipulates that candidates should Freedom of Information Bill ‘in the interests of independence…not have The FOI Bill looked set for a difficult passage current or recent involvement with the legal through the Lords, where the government has no profession, the Lord Chancellor’s Department or majority, and the balance of power is held by the the judiciary, nor should they have a track and Liberal Democrats. But the record of political activity (other than the Liberal Democrat peers negotiated four modest membership of a political party).’ The concessions from the government and then appointment of a Commissioner for Judicial supported the Bill. The amendments were tabled Appointments is no doubt a step towards greater by Liberal Democrat lawyers Lords Goodhart openness in the current and ‘notoriously opaque’ and Lester, and reverse the burden of proof in (Financial Times, 25 October 2000) process but the Bill’s complicated provisions about the falls well short of the totally independent public interest. Following criticism from Tory Judicial Appointments Commission as proposed peers for selling out, Robert Maclennan MP by bodies such as the Law Society. conceded that there had been a failure of communication, but said that the Liberal Sentencing Democrats in the Commons were still The Lord Chief Justice, Lord Woolf, has negotiating to strengthen the Bill. announced that the minimum sentence to be The most complex provisions in the Bill govern served by Jon Venables and Robert Thompson, access to personal files. The Data Protection convicted in 1993 of the murder of James Bulger, Commissioner has produced a useful flow chart should be eight years (the period initially set by to explain these provisions (see websites p.12). the trial judge in November 1993). The Implementation of the Act will be in five waves, announcement came on the 26 October following starting in April 2002 (at the earliest) with a judgment of the European Court of Human central government and those public bodies Rights in December 1999 that the tariff should be already subject to the Code of Practice on Access set by a member of the judiciary and not, as had to Government Information. Local government been previous practice in the UK, by a member will come next; then police, the health service of the executive. The ruling brings to an end six and education; then all other public bodies; and years of legal disputes since the then Home then the remainder. The last four waves will Secretary, , raised the tariff set probably be implemented at six monthly by the former Lord Chief Justice, Lord Taylor of intervals. Gosforth, to a fifteen year minimum term. The ruling by Lord Woolf also stipulated that the Europe process of accessing parole could begin immediately. It is possible therefore that the two A European Constitution young men could be released early next year. The question whether Europe needs a constitution continues to vex the minds of Top Courts politicians and commentators alike. On 24 October, the Senior Law Lord, Lord added his own contribution to the debate when Bingham, delivered the Millennium Speech at he spoke at the Warsaw Stock Exchange on 6 Gray’s Inn. The address was titled ‘The Highest October. The speech responded to ideas that had Court in the Land’ and outlined the pressures been voiced in earlier speeches over the summer. facing the Appellate Committee of the House of Blair rebuffed the German foreign minister Lords and the Judicial Committee of the Privy Joschka Fischer’s visions of Europe as a federal

Monitor: Issue 13 - Dec 2000 9 ISSN 1465-4377 superstate and the French president Jacques Dr Mark Duckenfield, Senior Research Fellow, Chirac’s desire of a stronger Franco-German School of Public Policy. ([email protected]) axis. Instead, Blair argued that the EU should be an economic and political ‘superpower, but not a People on the Move superstate’. On the constitution, there are two models that Sir George Young MP resigned from the have been put forward. One favours a formal, shadow cabinet to join the race to be Commons written constitution that is legally binding; the Speaker. This resulted in a minor reshuffle, with other goes for a more flexible model based on Angela Browning MP replacing Sir George as individual treaties, laws and cases. Blair called shadow leader of the Commons and for a political Statement of Principles setting out spokesperson on the constitution. David the prerogatives of the EU and those of the Heathcoat-Amory MP replaces her as shadow Member States rather than a legally binding Agriculture Secretary, and his role as shadow constitution. He also envisaged the creation of a Chief Secretary to the Treasury is taken by second chamber to review the EU’s agenda Oliver Letwin MP. against the agreed principles, similar to Fischer’s Private Secretary to the Commons Chief Whip, EU Senate. At its core, the debate pits a ‘political’ Murdo Maclean, has retired after 22 years. This constitution, driven by elected politicians, highly influential position has been filled by Roy against a more ‘legalistic’ constraint on Stone. supranational power overseen by a European constitutional court. In Scotland, Donald Dewar’s untimely death led to changes in the Executive. Henry McLeish Overseas News takes over as First Minister (see Scotland, p. 3). Wendy Alexander takes over McLeish’s Calls for US Reform previous position as Minister for Enterprise and The recent election controversy in the United Lifelong Learning. Angus MacKay enters the States has brought increased attention to the cabinet as Minister for Finance and Local electoral college and led to calls for changing the Government, with previous Finance Minister system. Senators Richard Durbin, Arlen Specter Jack McConnell taking over as Minister for and Hillary Clinton have called for replacing the Education, Europe and External Affairs. Sam electoral college with a national first-past-the- Galbraith, previously Minister for Children and post system. It is hardly an accident that these Education, becomes Minister for Environment, three Senators come from three of the most Sport and Culture. Jackie Baillie enters the populous states - Illinois, Pennsylvania and New cabinet as Minister for Social Justice. York - states whose large populations could be expected to weigh heavily in any national In Wales the new Assembly cabinet saw Mike popular vote contest. German become Deputy First Minister for This path of reform would require a Economic Development and fellow Lib Dem constitutional amendment and would likely Jenny Randerson become Minister for Culture, meet fierce resistance from the smaller states. A Sport and the Welsh Language. Tom constitutional amendment requires two-thirds Middlehurst resigned from the cabinet in support in both Houses of Congress and the protest at the new coalition. Fellow Education approval of three-quarters of the states (38 out of Minister Rosemary Butler left the cabinet in the 50). Small states easily have the power to thwart reshuffle and Deputy Presiding Officer Jane such an effort. It is more likely that some states Davidson took over the entire Education will change the way they individually assign portfolio. Peter Law also left the cabinet and his electors, from the current winner-take-all system responsibility for local government has passed to to one where individual electors are assigned , also Minister for Finance. The new based upon the highest Presidential vote winner Deputy Presiding Officer is . in each Congressional district with a bonus two electors going to a statewide winner. Two states (Maine and Nebraska) currently assign electors in this fashion and it is likely that a handful of Project Reports others might follow suit in the future.

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New Faces Welcome to Mark Sandford and Alan Trench. Mark joined us in November as a Research Assistant to work on the Devolution and English Regions project funded by the Joseph Rowntree Foundation. Alan will join us in February 2001 to lead our work on the law and devolution. Alan has been a local government lawyer with Bristol City Council and with Leicester City Council. He will work on a new ESRC-funded project on how the law and devolution disputes shape the devolution settlement, and a related project on intergovernmental relations between the UK government and the devolved administrations. Meanwhile, Dylan Griffiths, who left the Unit in August, has taken up a post of Policy Officer for York City Council. We wish him all the best.

Consultancy and Training on Human Rights and Freedom of Information The Unit is stepping up its training, consultancy and support services on Human Rights and Freedom of Information. Jeremy Croft has led human rights training for government departments and public authorities, and is producing training materials for local government and the health service. On FOI, the Unit organised a conference with CAPITA in October attended by 180 civil servants, and is planning more conferences and FOI training events in 2001. The Unit’s team of FOI experts (Jim Amos, Dick Baxter, Jeremy Croft, Robert Hazell and Andrew McDonald) are preparing case studies and training materials drawn from real examples and best practice from around the world. Enquiries to Jeremy Croft: [email protected], tel. 020 7679 4979, fax 020 7679 4978.

Receive our Devolution Reports by Email The Unit publishes detailed quarterly reports on the state of devolution in Scotland, Wales and Northern Ireland; and from November on the English regions. If you want to have these reports emailed to you as soon as they are published, instead of looking for them on our website, contact Gareth Lewes ([email protected]).

Regional Government in England The project is proceeding under Paul McQuail Work is continuing on the Devolution and the and Mark Sandford, and it is hoped that it will English Regions project, funded by the Joseph constitute a thought-provoking ‘guide’ to the Rowntree Foundation. The Unit’s work has practical and effective achievement of elected shifted towards a more thorough analysis of the regional assemblies in England, alerting policy- possible options for directly elected regional makers to the pitfalls that such a strategy might government in England, in the light of the entail. experience in London and the models of regional Contact: Mark Sandford, 020 7679 4976, government overseas. [email protected]. The main study is expected to be complete by Regional Government in France and Spain the end of April 2001. It will deal briefly with the This briefing summarises the lessons for the UK run-up to the present situation and alternatives from the very different experiences of regional to regional government, but will focus mainly government over the last 20 years in France and upon the decisions to be made if elected Spain. Andy Smith (Bordeaux) describes how assemblies are introduced in the English regions. regional assemblies were introduced top-down These include the method of financing; the range in France, with limited budgets and functions of powers; the constitutional relationships with (economic development, environment, training other parts of government, particularly the UK and tourism). With few services of their own, government; the effect on local government; the they rely on other levels of government to put possible size and methods of election of their policies into practice; and risk having their assemblies; and how elected regional priorities diverted by external sources of government would be achieved starting from funding. Paul Heywood (Nottingham) analyses present circumstances the more flexible, bottom-up process of

Monitor: Issue 13 - Dec 2000 11 ISSN 1465-4377 devolution in Spain, with a separate statute of cases in the top court or courts should be dealt autonomy for each region. The Spanish with - e.g. how much of the argument should be experience shows how devolution can establish a dealt with orally. This report will then be used to strong momentum of its own; lead to disputes undertake further consultation within the UK on over competences which require arbitration in any possible reforms, and inform the writing of the courts; give a boost to regional and the book which will be the final product of the nationalist parties; and create big political research. tensions over finance. Contact: Richard Cornes, 01206 873380, The report is now available (see publication list [email protected]. for details). Contact: Robert Hazell, 020 7679 4971, [email protected]. Managing Conflicts After Devolution Managing Conflicts After Devolution: A Toolkit for Coalition Government in Germany Civil Servants (Constitution Unit occasional The Unit has published a short piece of research paper) by Lucy Hunter offers a series of practical on coalition government in Germany, initiated techniques on conflict management between during a visiting fellowship at the Unit by Bernt administrations post-devolution. Using exam- Gebauer of Freiburg University. The paper, ples from Australia and Canada the paper entitled ‘Coalition Government in Germany: The provides a template from which strategies for Formation and Operation of Multi-Party Rule’, dispute resolution can be gleaned, breaking focuses on various features of coalition down the process into issues relating to the government since 1949. It examines the problem, the process and the people involved so nomination of the Chancellor, the coalition as to allow easier identification of the root of the formation process, the role of the cabinet, the problem. The paper discusses conflict resolution relationship between the executive and in terms of avoidance and long term relationship parliament, and in particular the structures and management, as well as at the most basic level of processes devised to ensure the smooth internal effective use of public resources. Managing management of coalition governments. The Conflicts after Devolution will provide useful research, which ends with a short analysis of the guidance for anyone with policy responsibilities advantages and drawbacks of Germany's system working for any of the governments in the of coalition government, is based on a wide United Kingdom; but as the paper itself stresses range of secondary sources in both English and the principles which guide conflict management German. can also be applied on a much wider scale. The paper (c.13pp) is available free of charge The report is now available (see publication list from the Unit. Contact: Ben Seyd, 020 7679 4972, for details). Contact: Robert Hazell, 020 7679 4971, [email protected] [email protected]

Top Courts Publications received Research visits on this project have now been • Under Pressure: Are we getting the most from our carried out to the Spanish Constitutional Court, MPs?, edited by Greg Power, Hansard Society, £10. High Court of Australia, Supreme Court of the • Creating a Working Parliament: Reform of the Commons United States, and Supreme Court of Canada. chamber, by Greg Power, Hansard Society, £7.50. The German Constitutional Court will be visited • The New Gender Agenda, edited by Anna Coote, in the new year. In addition to meeting both IPPR, £10.95. judicial and administrative members of the • courts, Andrew Le Sueur and Richard Cornes Left Turn: The New Zealand General Election of 1999, ed. J. Boston et al, (Victoria University Press: 2000) have also spoken to officials in lower level ISBN 0 86473 404 2 courts, government departments, members of • the media and practitioners. Current work on the State of the Nation Poll, Joseph Rowntree Reform Trust: http://www.icmresearch.co.uk/reviews/ project is centred around preparation of the 2000/state-of-the-nation-2000.htm report for the ESRC. This report will set out a series of basic questions raised by the project - • Blair’s Britain, England’s Europe: A View from from the major structural issues (for example, Ireland, ed. Paul Gillespie, Institute of European what sorts of top courts should the UK have) Affairs (The Brunswick Press: Dublin, 2000) ISBN through to more detailed issues such as how 1-874109540, £15.

Monitor: Issue 13 - Dec 2000 12 ISSN 1465-4377 Bulletin Board

Forthcoming Unit Events New Publications by the Unit To book a free place at Unit events, please return the events flyer Please refer to the Unit’s order form for further details: enclosed. A location map for the Constitution Unit can be found at: www.ucl.ac.uk/constitution-unit/logos /find.htm • The State and the Nations: The First Year of Devolution in the United Kingdom, ed. Robert Hazell (Imprint Lecture: State of the Union Lecture Academic: Dec 2000) pbk. £14.95 Professor Robert Hazell, Director, Constitution Unit ‘An Unstable Union: Devolution & the English Question’ • Regional Government in France and Spain, by Paul 11 December, 6.00 p.m. One Great George Street Heywood and Andy Smith, Unit briefing with the Joseph Rowntree Foundation pp. 40 (Aug 2000) £5. Seminar: Can Politicians and Judges Work Together to • Protect Human Rights? An Unstable Union: Devolution and the English Dr Janet Hiebert: Department of Political Studies, Queen’s Question, State of the Union Lecture, by Professor University, Canada Robert Hazell, Unit paper, (Dec 2000) £5. 12 January 2001, 1.00-2.30 p.m., The Constitution Unit, • Managing Conflict After Devolution: A Toolkit for Civil (sandwiches available from 12.30) Servants, by Lucy Hunter, Unit briefing (Dec 2000) £10. Seminar: The British Constitution in the 20th Century • Professor Vernon Bogdanor: Brasenose College, Oxford Coalition Government in Germany: The Formation and 15 February 2001, 6.00 p.m. The Constitution Unit, UCL Operation of Multi-Party Rule, by Bernt Gebauer, Unit occasional paper, pp.13 (Dec 2000) free. Seminar: What Works and Doesn’t Work in London’s New Assembly? Useful Websites Trevor Phillips: Chair of the Greater London Assembly Hansard Society: Consultation on Scrutiny Role of 16 March 2001, 1.00-2.30 p.m., The Constitution Unit, Westminster (sandwiches available from 12.30) http://www.democracyforum.org.uk/

House of Lords Appointments Commission: Future Events http://www.houseoflordsappointmentscommission. gov.uk/ Canadian High Commission Conference: Freedom of Information: what can the Neill Committee Report: UK learn from the Canadian experience? http://www.public-standards.gov.uk/ 5 March 2001, Canada House, Trafalgar Square Points for Prosecutors: contact: Gillian Licari, tel: 020 7258 6624 http://www.lslo.gov.uk/ Public Management and Policy Association (PMPA) Data Protection and FOI: Lecture: Reform of the Civil Service: a sceptical view http://www.dataprotection.gov.uk/foi.htm Prof. Vernon Bogdanor, Chair: Sir Christopher Foster New Bibliography on Federalism: The Institute of 6 February 2001, PricewaterhouseCoopers Intergovernmental Relations at Queen’s University contact: Michaela Lavender, fax: 020 7543 5695 Canada, has created a new resource on federalism, Public Management and Policy Association (PMPA) available to users on-line. Lecture: Reforming and modernising the Civil http://130.15.161.15/iir/ Service Castan Centre for Human Rights Law, Monash Sir Richard Wilson (Head of Home Civil Service) University, Australia: 15 March 2001 http://www.law.monash.edu.au/castancentre contact: Michaela Lavender, fax: 020 7543 5695 Centre for Ombudsman and Governance Studies, Public Management and Policy Association with FDA University of Reading: Lecture: The Union comes under pressure: how can http://www.rdg.ac.uk/AcaDepts/lp/PolIR/ the State survive? GSEISframe.html Robert Hazell - 8 March 2001, Belfast The Forum of Federations, Canada: contact: Michaela Lavender, fax: 020 7543 5695 http://www.forumoffederations.org http://www.ucl.ac.uk/constitution-unit/

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