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| THE CONSTITUTION UNIT NEWSLETTER | ISSUE 33 | MAY 2006 | MONITOR PARTY DONORS, PEERAGES AND THE CONSTITUTION IN THIS ISSUE

Much British constitutional debate in recent agreement, with polls showing that the public months has centred on the row over ‘cash don’t favour state funding, whilst overseas PARLIAMENT 2 for peerages’, which has reignited interest experience demonstrates that it does not end in Lords reform and the funding of funding scandals. Some forms of state support political parties. could also weaken links between parties and their POWER REPORT 2 members and supporters. The Conservatives The row began when a list of proposed Lords hope to use the debate to limit appointees was leaked to the press in November. funding for Labour, and all the major parties would Rumours suggested that the be concerned about a funding scheme which BROWN, CAMERON AND 3 Appointments Commission – responsible for channelled state funding to UKIP and the BNP. CONSTITUTIONAL REFORM vetting the propriety of party nominees, as well as choosing independent members – was Ironically the episode illustrated how reform concerned about some of these names. Following to date has failed to boost faith in political PREROGATIVE POWERS 3 four months of silence one nominee, Dr Chai institutions. The Appointments Commission acted UNDER SCRUTINY Patel, took the unusual step of demanding to block certain nominees, yet appointments publicly to know what objections there were to his have fallen into greater disrepute. New party nomination. It was known that some nominees funding rules greatly tightened up the disclosure were major party donors. However, Dr Patel requirements, but created loopholes that have MONARCHY, CHURCH 3 revealed that he had provided Labour with funds been exploited. In both cases transparency AND STATE in the form of a loan, which did not have to be exposed long-established practices which declared to the Electoral Commission. the public do not like, but where there is little agreement on the alternatives. CONSTITUTIONAL 3 The story took a new turn when party Treasurer WATCHDOGS INQUIRIES revealed that he knew nothing of these loans. In April a confirmed list of peers THE ‘ABOLITION OF PARLIAMENT’ BILL was finally announced, minus five of the original DEVOLUTION 4 names (four Labour and one Conservative, all The Legislative and Regulatory Reform Bill of whom were major lenders to their parties). (LRRB) is promoted by the government as A further twist came when the Metropolitan a means by which ministers can more easily launched an investigation under the 1925 remove regulatory burdens on business. It is thus FREEDOM OF INFORMATION 5 Honours (Prevention of Abuse) Act. This extended an heir to the Regulatory Reform Act 2001, which to allegations that academy school sponsors, as enables ministers to pass Statutory Instruments well as party donors have been rewarded with (SIs) to remove burdens using the super- ELECTIONS AND PARTIES 6 peerages. The Electoral Commission is also to affirmative procedure for parliamentary scrutiny. investigate whether the political parties have breached the Political Parties, Referendums The powers in Part 1 of the LRRB, however, JUDICIARY 6 and Elections Act 2000. are considerably greater. Ministers can by order amend, repeal or replace any legislation subject to The episode helped to move Lords reform back limited exceptions such as imposing or increasing up the political agenda (see page 2). Concern taxes, and creating new serious criminal offences. PEOPLE ON THE MOVE 6 about appointments boosts those campaigning There is no requirement that the order remove for election to the upper house. But divisions in a burden on business and orders may even be both main parties have prevented such a reform passed by means of the less stringent affirmative CONSTITUTION UNIT NEWS 7 so far. Less attention has focussed on how or negative procedure for SIs. the appointments process could be improved – despite most reformers accepting the likelihood The House of Lords Constitution Committee of a partly-elected house. The Appointments expressed a fear the bill could ‘markedly alter BULLETIN BOARD 8 Commission remains non-statutory and its role the respective and long-established roles of in scrutinising political appointments is limited Ministers and Parliament in the legislative and advisory only. Continuing confusion about process’, while in the Commons, the Regulatory whether a peerage is a job or an honour only Reform Committee thought the bill ‘the most worsens the problem. Both of these difficulties constitutionally significant Bill that has been could be dealt with by relatively minor reform. brought before Parliament for some years’. The The Labour nominations also raised questions Public Administration Select Committee added its 33 about internal party democracy, with Labour peers criticism (HC 1033), and Cabinet Office Minister being chosen by Number 10. In contrast, the Lib has said he will look into making The Constitution Unit Dems (and Greens) now involve members in the powers in the bill more clearly focussed. But UCL Department of Political Science this process. with the Constitution Committee and others on Director: Professor Robert Hazell the case, and in view of the Lords’ recent track www.ucl.ac.uk/constitution-unit The other major area of reform relates to political record of opposing the government, a major Email: [email protected] party funding, with a review now established constitutional battle seems likely when the bill Phone: +44 (0) 20 7679 4977 under Sir Hayden Phillips. Here too there is no reaches the upper house. Fax: +44 (0) 20 7679 4978 | THE CONSTITUTION UNIT MONITOR | ISSUE 33 | MAY 2006 | 2

PARLIAMENT

Lords Reform Speakership of the House of Lords The Lords defeated the government five times and ultimately compromise The ‘cash for peerages’ row (see page The House of Lords Committee on the was reached. Here opponents in the 1) reignited debates about reform of Speakership of the House reported to the Lords claimed that they were upholding the House of Lords. A proposed joint chamber on 31 January. In July 2005 the the government’s manifesto, which had committee to consider reform options had House had resolved in favour of an elected promised a voluntary scheme. In a further been delayed due to Liberal Democrat speaker and established the committee to extraordinary development in February the objections to its remit, which government look into the matter in more detail. government backed down over another proposed should cover only powers and manifesto commitment, on smoking in conventions rather than composition. The committee was sensitive to the notion public places. Under heavy backbench To generate movement the government that the chamber should essentially remain pressure a free vote was granted and backed down and a new committee will a self-regulated one. The primary role the Commons supported a complete ban now consider all related issues. Another of the speaker would be to preside over – rather than the exemptions that had been free vote on composition is promised proceedings within the chamber. This promised. See briefing paper at www. in the autumn and may have a greater would require the speaker to spend more revolts.co.uk. chance of success than previously given time in the chamber, take the chair when the positions of the party leaders. David the House was in Committee and give Cameron sees an opportunity in supporting procedural guidance where appropriate. POWER REPORT a largely elected house whilst is Despite some discontent about aspects of said to have ‘dropped his opposition’ to a the recommendations (particularly relating In March the report was published hybrid membership. Less often mentioned to the role of the speaker at question time) from the Power Inquiry, a Joseph is that Iain Duncan-Smith took the same the report was approved unamended. As Rowntree funded project seeking to position as Cameron but failed to bring a result the first election for the position of explain political disengagement and more than half his backbenchers with Lords speaker will be held no later than 30 make recommendations for change. A him in February 2003, whilst Blair had June 2006. ten member commission, chaired by supported hybridity until that very point. Baroness Helena Kennedy, took evidence The DCA has a bill team in place to Parliamentary Strength Continues and deliberated for 18 months before implement the manifesto pledges to to Grow producing the 300-page report (www. define the Lords’ powers in statute and powerinquiry.org/report/index.php). The remove the remaining hereditaries. But Following the Blair government’s first commission rejected many explanations the opportunities for disagreement remain defeats in the Commons in November, for disengagement, including apathy, legion. Whilst agreement on composition both parliamentary chambers have contentment or an aggressive media, has thus far proved impossible, powers continued to assert their strength. Despite and instead concluded that political have now also been added to the pot. fears that a stronger upper house would institutions have not kept up with the pace And whatever the leaders propose there pit the Lords against the Commons, the of social change and that radical reforms is heartfelt, albeit probably minority, chambers have often acted together in are needed. Recommendations included opposition to elected members on both extracting concessions from government. state funding of political parties, reform sides of the Commons. A Times poll in of the voting system, a largely elected April meanwhile showed the public to be The most obvious example was the second upper house, greater decentralisation, in at least two minds, with large majorities pair of Commons defeats, on 31 January, more powers for Commons committees, agreeing both that the Lords should be over the Racial and Religious Hatred citizen-initiated legislation and votes at largely appointed, to retain independence Bill. The government had been heavily 16. Responses to the commission’s report and expertise, and largely elected, in order defeated in the Lords over these plans, have, however, been mixed. Many of the to be democratically legitimate. and sought to overturn key amendments proposals are familiar, and predate the in the Commons. However, thanks to recent concerns with electoral turnout The new list of peers finally unveiled in Labour absences and rebel votes, MPs and falling levels of political trust. Many April included seven Labour nominees, backed the Lords’ position rather than are already existent in other developed seven Conservative, five Liberal Democrat that of the government. Similarly, but less countries which are suffering identical and one Ulster Unionist. The Democratic dramatically, the government dropped problems to those in Britain. Whilst Unionist Party finally won inclusion, being a clause in the Identity Cards Bill which the commission therefore provided a given three peers. The earlier Green Party would have allowed the cards to be made considered analysis of the problem, and débacle, however, resulted in the party compulsory in future without new primary a useful checklist of reforms, it remains losing its opportunity to nominate – despite legislation. This followed a Lords defeat doubtful whether the two are connected in having balloted its members and selected which the government did not attempt to the way that they suggest. London Assembly member Jenny Jones. overturn. This bill also shuttled back and In May the Appointments Commission forth between the Houses several times announced seven new independent peers. over the issue of whether individuals should have to apply for an ID card Finally, two Scottish Law Officers have when renewing a passport. also been appointed to the Lords. | ISSN 1465–4377 | 3

BROWN, CAMERON AND But when announced the Conservative At the coronation there is a similar oath CONSTITUTIONAL REFORM review appeared to exclude two of the to maintain the Protestant religion, and to most important powers, the power to maintain the settlement of the Church of appoint a new Prime Minister and the England. Prince Charles has indicated that In a series of speeches and articles, he would prefer to be a defender of faiths, has been signalling his power to seek a dissolution. The latter is to be restricted by the new Conservative not Defender of the Faith, and may seek interest in constitutional reform. In an some modification of the oaths. article in on 27 February government there (see page 6). he wrote, ‘As we prepare our manifesto The Unit has just completed a major report for the next parliament, I am clear Proposals for reform of prerogative powers on Church and State: see page 7. that it should be a priority that, across are also the likely outcome of the Lords government, ministers come together Constitution Committee’s inquiry into CONSTITUTIONAL to work out the detail of the next steps war-making powers. As reported in the WATCHDOGS INQUIRIES for both local democracy and long-term previous Monitor, supporters of reform constitutional reform’. failed in October 2005 to push through The inquiry by the Public Administration ’s private member’s bill Select Committee (for background see What might be the priorities for a requiring parliamentary approval before the January Monitor) is now matched by a government led by Gordon Brown? Likely parallel inquiry by the Scottish Parliament. items include: Lords reform, a British bill of military action is taken. Since then, the Constitution Committee has launched its The Commons Committee visited rights, reform to appointments procedures Holyrood in April to learn more about the to reduce the role of the executive, and inquiry examining the roles of all three branches of government in authorising Scottish model, where six watchdogs ending the state’s role in appointing are ‘parliamentary commissioners’, military action. It is expected to publish its Bishops. Brown’s interest in constitutional with a much closer relationship with the report on the subject in May. reform is longstanding, but not generally Parliament. Some, such as the Scottish known: he was a supporter of Charter 88 Information Commissioner and Children’s and made a big speech to them in 1997, MONARCHY, CHURCH AND STATE Commissioner, have a higher profile than which was unreported at the time. their UK counterparts. This may in part The Queen’s 80th birthday on 21 April derive from their greater independence Meanwhile, under David Cameron, the gave rise to speculation about the future from the executive, with the Scottish Conservatives have been emphasising of the Monarchy and the succession. It commissioners being appointed by and their own reformist credentials. Speaking is clear that The Queen will not abdicate, funded by the Parliament. But that close on 6 February, Cameron declared however demanding the role is for an relationship has given rise to its own it to be ‘the right time for a serious, problems, especially over settling the thoughtful programme of institutional and older person: abdication has a traumatic history for the House of Windsor, and it budgets of the commissioners. constitutional reform’. Aside from the The Finance Committee of the Scottish existing commitments to a predominantly would go against her Coronation oath. Should she become incapable of carrying Parliament has initiated an inquiry into elected House of Lords and a ban on their financingand the Procedures out her monarchical functions, provision Scottish MPs voting on English business, Committee has produced a report on clear policy commitments will probably is made in the Regency Acts 1937, 1943 the appointments process. have to await the report of the party’s new and 1953 for her functions to be carried ‘Democracy Taskforce’ (see below). out by a Regent or Council of State. The These concerns have caused the Scottish Regent is the person next in line to the Parliament to postpone debate on the PREROGATIVE POWERS throne, who would take over in the case of Scottish Human Rights Commissioner Bill, UNDER SCRUTINY permanent incapacity of the sovereign. In which would add a seventh commissioner the case of temporary incapacity a Council to the Parliament’s portfolio. They may In March the House of Lords gave of State would be established, comprising also cause the Commons Committee a Second Reading to Lord Lester’s the spouse of the sovereign and the four to think hard before recommending Constitutional Reform (Prerogative persons next in line of succession. that the UK’s constitutional watchdogs Powers and Civil Service etc) Bill. The bill should come more directly under the provides a statutory basis for review by There was also speculation about the Westminster Parliament. PASC has issued Parliament of executive powers generally, next Coronation, and loosening the links a questionnaire to the 15 watchdogs with specific requirements for approving which are central to its inquiry, and will between Church and State. These go back treaties and going to war. The bill also want to weigh carefully how a more achieves the same purposes as a Civil to the constitutional settlement enshrined direct relationship would be managed at Service Act, codifying the fundamental in the Bill of Rights of 1689, the Act of Westminster, which committees would principles of the civil service, and putting Settlement of 1701 and the Act of Union be involved, and the implications for their the Civil Service Commissioners and with Scotland of 1707. Fundamental to that workloads. But some changes are likely, Commissioner for Public Appointments on settlement is the Protestant succession. especially for the five watchdogs currently a statutory basis. On his accession Prince Charles will be housed by the Cabinet Office (Committee required under the Accession Declaration on Standards in Public Life, House of The new Conservative leader David Act 1910 to swear that he is a faithful Lords Appointments Commission, Civil Cameron has also announced a review of Protestant and will secure the Protestant Service Commissioners, Commissioner prerogative powers, to be considered by succession. for Public Appointments, and Advisory ’s Democracy Taskforce. Committee on Business Appointments). | THE CONSTITUTION UNIT MONITOR | ISSUE 33 | MAY 2006 | 4

PASC will also report on the new Civil Ministers resisted calls for a public inquiry London and Dublin hoped that successive Service Code, a simpler, livelier document into the Scottish Criminal Records Office reports from Monitoring produced by the new Cabinet Secretary after the Executive awarded £750,000 Commission during that time would Sir Gus O’Donnell in consultation with compensation to a former police officer persuade the DUP of the bona fides of SF the Civil Service Commissioners. With who was tried and acquitted on perjury as governmental partners. But the DUP the Prime Minister’s lack of interest in charges after a murder scene fingerprint showed no sign of abandoning its history a Civil Service Act it is likely to be the was identified by the SCRO (wrongly) as as a vehicle for Protestant – especially evangelical Protestant – political power. main protection for civil servants. But hers. Significant legal and public disquiet And while SF was distancing itself from the following the affair, the Prime about the integrity of the justice system continuing criminal activity of the IRA, it Minister has finally responded to another remains. PASC recommendation by appointing an showed no sign of making the ideological Adviser on Ministerial Interests, to adviser bouleversement of supporting the police Alan Alexander, chairman of the – a sine qua non of Protestant acceptance Ministers about compliance with the publicly-owned Scottish Water, resigned of SF involvement in a new devolved . The first Adviser is to be after failing to assure ministers he department of policing and/or justice. Sir John Bourne, the Auditor General. could deliver their required investment programme. Jack Perry, chief executive Moreover, both nationalist parties made DEVOLUTION of Scottish Enterprise, the main economic clear that if the unionists were to seek development agency, came under to turn the assembly into a shadow pressure when it emerged that the body to scrutinise direct rule, rather than Scotland agency had overspent its 2005-06 forming a power-sharing government, budget by £30m. they would have no part in it. Meanwhile, Not since Glasgow Govan in 1988 has unionists railed against the determination a by-election caused as much hubbub Following a record medal haul at the of the Northern Ireland Office to end the as did the Dunfermline and West Fife inequitable ‘11+’ test – knowing this to be Commonwealth Games, the nation Westminster contest on 9 February. a popular move in the Catholic community. distinguished itself by accepting a ban on Caused by the death of MP Rachel And politicians on all sides complained Squire, Labour, with neighbouring MP smoking in public places with remarkable bitterly about moves to tackle Northern and Chancellor Gordon Brown leading the equanimity. Introduced on 26 March, it was Ireland’s poor fiscal effort – without campaign, was expected to defend easily the most significant public health measure offering any alternative revenue-raising, or her 11,562 majority. But Liberal Democrat of modern times. expenditure-reducing, proposals. And yet, Willie Rennie took the seat on a 17 per through it all, evidence emerged that the cent swing with an 1,800 majority. Northern Ireland long-suffering public in Northern Ireland remained supportive of devolution - if only This, the first LibDem Scottish by-election It was another period of political the political class could agree on the terms win over Labour in the post-WW2 period, uncertainty in Northern Ireland and, as so of its restoration. was a massive boost, coming amidst the often, punctuated by a violent event – in imbroglio of the UK LibDems’ scandal- this case the murder of the republican- Wales struck leadership election. Voters turned-spy Denis Donaldson – which Over the past few months Welsh politics complained of Labour neglect over various destabilised the always shaky efforts of has been dominated by questions of local issues, but dissonance between London and Dublin to restore devolution to architecture – both literal and figurative. Brown and Jack McConnell, Scotland’s the region. minister over Forth Road The St David’s Day official opening of Bridge tolls caused major party ruptures. After so many ‘deadlines’ for had the new Assembly building known as the Smarting from Brown’s interference in come and gone, this time the two premiers, Senedd – a Welsh word that translates a devolved responsibility, McConnell Tony Blair and Bertie Ahern, appeared best as Senate or, significantly perhaps, declared he would no longer automatically to mean it when they stipulated that Parliament – has led to widespread public toe London’s line in UK matters which November 24 was – finally – to be it. discussion of the merits of the building affected Scottish interests. itself as well as the appropriateness of The assembly, they agreed in April, spending £67 million on a new home The domestic agenda was dominated would be reconvened in May for an for Wales’ devolved politicians. Perhaps by agency and quango problems. The initial six weeks. Going into recession surprisingly, the public reaction to Scottish Arts Council, troubled by failure to accommodate the peculiar Northern Richard Rogers’ striking slate, glass and to control costs at Scottish Opera, is to Ireland ‘marching season’ of July and oak creation has been largely positive; lose control of that and other national August, it would reconvene for a further 12 continuing concerns about its cost have companies and be merged with Scottish weeks in the Autumn. If the parties were been more predictable. A poll for BBC Screen, which handles film funding. On a unable to agree to form a power-sharing Wales discovered that fully 80 per cent of the Welsh electorate believe that the new positive note, the new Scottish National executive after that time, the assembly building ‘cost too much’. Theatre was launched with an innovative would be wound up and its members’ drama programme. salaries – still being paid at a 70 per Among the cognoscenti, there has also cent rate after three and a half years of been much discussion of the more inactivity – terminated. symbolic aspects of the ceremonials: | ISSN 1465–4377 | 5

FREEDOM OF INFORMATION the fact that this was very much a National This will come as a disappointment, though Constitutional Affairs Select Committee Assembly event with the Welsh Assembly perhaps not a surprise, to members and Inquiry: FOI’s first year Government rather conspicuously kept at supporters of the Arbuthnott Commission arm’s length. In March the Constitutional Affairs Select The Commission recently reported to the Committee began its inquiry into the first Debates on the future constitutional Scottish and UK governments proposing year of the FOI Act. The first evidence architecture of Wales also remained high – among other things – a move to an session of the inquiry took place on 14 on the agenda, with legislation passing ‘open list’ proportional system for Holyrood March with witnesses from the Information through parliament that will strengthen the elections. The government has rejected Commissioner’s Office (ICO) – Richard Assembly and amend its electoral system. any change to the electoral system in Thomas (Information Commissioner), This is discussed below in the ‘Devolution time for next year’s poll and is expected Graham Smith (Deputy Commissioner) and the Centre’ section. to respond more formally soon. Few are and Jane Durkin (Casework and Advice holding their breaths for a radical reform Division). According to Mr Thomas, ‘a Devolution and the Centre package. mixed message comes out of the first year’. Although he stated that legislation The year so far has been unusually West Lothian Question has been a success in bringing information busy in terms of policy and legislative into the public domain, he admitted to developments relating to devolution. Early 2006 has seen the West Lothian ‘teething problems’ and remaining ‘pockets Most eye-catching has been the Question make another of its spasmodic of difficulty.’ On 18 April Baroness Ashton introduction of a bill to recall the Northern of Upholland (Under Secretary of State, leaps onto the fringes of the political Ireland Assembly this May. It is to be given Department for Constitutional Affairs) agenda. six months to establish a power-sharing appeared before the committee. Ashton executive. If it fails, the government stands announced that the DCA was providing In the House of Lords, the Tory peer ready to pull the plug on the devolved the Information Commissioner with Lord Baker of Dorking proposed a bill to bodies. Also passing through Westminster additional resources and looked forward bar MPs from speaking and voting on is a bill paving the way for the devolution to the Commissioner making significant of policing and justice policy to Northern legislation that does not apply to the part inroads into his caseload backlog, which Ireland should a future Executive and of the UK they represent, the purpose Mr Thomas reported during his evidence Assembly request it with cross-community being to prevent non-English MPs session to be around 700 cases. Full support. from determining English matters. The details on the progress of this inquiry government remains firmly opposed. In can be seen at: www.parliament.uk/ Wales meanwhile remains on track the second reading debate on 10 February parliamentary_committees/conaffcom.cfm. for a post-May 2007 Assembly with a Lord Falconer – the Lord Chancellor beefed up legislative role, courtesy of – argued that the bill could lead to the Scottish FOI Review the Government of Wales Bill (GOWB) break-up of the Union. And in front of the currently before parliament. The progress Liaison Committee – under pressure from The Scottish Executive is currently of the bill suffered a setback at Lords Labour members – Tony Blair rejected the undertaking a review of the operation committee stage with the carrying of policy on the grounds that it would create of the FOI (Scotland) Act 2000 since an opposition amendment striking out two classes of MP and also stressed the implementation on 1 January 2005. Key the controversial provisions banning technical difficulty of defining exclusively topics of the review include: coverage ‘dual candidacy’. Dropping the bar on English matters. of the act, the fees regime, statutory candidates standing both in an individual prohibitions to disclosure of information, constituency and on a regional list would The Conservatives, on the other hand, general feedback on discharge of functions be humiliating for Labour and would remain committed to ‘English votes on under the act and problem areas. The threaten the fragile consensus within English laws’, although their leader in Scottish Information Commissioner has the party in support of the GOWB. But a the Lords was lukewarm in his support also published his annual report, covering protracted battle with the Lords could be for Baker’s bill. The party’s ‘Democracy his office’s first year in operation. The equally disastrous from the government’s Taskforce’ is believed to be examining the Commissioner highlighted in his report perspective since the bill must be in issue, which may lead to a firmer policy high public awareness of freedom of effect in good time for the May 2007 commitment in due course. information in Scotland, with 55 per cent devolved elections and candidate of all requests coming from ‘ordinary selection processes. Ultimately however, it is unlikely that a members of the public’, and concluded that government of any colour will tackle the ‘the Scottish public has embraced freedom Despite the government’s strident West Lothian Question unless English of information with vigour and enthusiasm’. defence of the Welsh dual candidacy public opinion demands it. This in turn According to a survey quoted in the report, ban – deemed necessary to prevent probably depends on non-English however, the Scottish public ‘remains losing constituency candidates entering MPs making the crucial difference in sceptical as to whether authorities will the Assembly ‘by the back door’ – it controversial votes on mainly English make the shift towards more openness or has refused to support a member’s bill matters, which has yet to happen in this will seek to find ways around the Act’. attempting a similar change in Scotland, parliament despite the government’s professing a reluctance to ‘reopen the reduced majority. Scottish Information Commissioner Scotland Act’. website: www.itspublicknowledge.info. | THE CONSTITUTION UNIT MONITOR | ISSUE 33 | MAY 2006 | 6

FREEDOM OF INFORMATION PEOPLE ON THE MOVE

ICO Survey Looking ahead, the local elections are Prof Andrew le Sueur has succeeded Prof looming on 4 May. The Conservatives Tony Bradley as Legal Adviser to the Lords According to a survey of 500 public are well placed to make further gains on Constitution Committee. Prof Richard authorities conducted for the Information last year – if the reports of them vastly Rawlings comes from the LSE to UCL as Commissioner’s Office (ICO), the majority outspending the Labour Party in key Professor of Public Law in October. say that the FOI Act is beneficial and marginals are true. Nonetheless, the is helping to create a culture of greater Conservatives continue to lag Labour in the Janet Paraskeva has been appointed openness in the public sector. Three polls. For the Liberal Democrats, the local First Civil Service Commissioner, and out of five respondents said that their elections will be an important test of the new Janet Gaymer Commissioner for Public organisation released more information leadership and whether they can hold off Appointments. to the public as a result of the FOI Act. the Conservative challenge in the South. Increased openness and transparency, In the Constitution Directorate of the DCA, Judith Simpson has taken responsibility better records management, improved JUDICIARY accountability and improved relationships for all devolution work into the Constitutional with the public were all mentioned as Settlement division, Belinda Crowe has benefits of the act. Richard Thomas said, Judicial Appointments and Complaints become head of the Information Rights ‘A great deal of important information division, and Antonia Romeo has returned In April the new Judicial Appointments that is clearly in the public interest has to become head of the division dealing with Commission came into being. Chaired by been released over the past 12 months, royal matters and the Crown Dependencies. Baroness Prashar, the commission has five which would not otherwise have been other lay members, five judicial members, in the public domain, including details Meanwhile, in the Conservative Party two lawyers, one tribunal member and reshuffle, Oliver Heald remains Shadow of politicians’ expenses, amounts and one magistrate. The commission will put Secretary of State for Constitutional recipients of farm subsidies under the forward one name for recommendation Affairs but takes on the role of Shadow Common Agricultural Policy and hospital to the Lord Chancellor. It has taken over Chancellor of the Duchy of Lancaster. mortality rates. Where public authorities 100 staff from the DCA, with Clare Pelham Lord Kingsland has become Shadow Lord have refused to disclose information, my as the new chief executive. See www. Chancellor and Shadow Minister for Legal office has sought to address this.’ judicialappointments.gov.uk. and Constitutional Affairs. David Mundell and Cheryl Gillan have moved to Shadow UK Information Commissioner’s Office Candidates who are unhappy about the way website: www.ico.gov.uk. the appointments process has been handled Secretary of State for Scotland and Wales can complain to the Judicial Appointments respectively. ELECTIONS AND PARTIES and Conduct Ombudsman, Sir John Brigstocke (www.judicialombudsman.gov. The members of the Conservative Party’s In December 2005, the Electoral uk). He will also consider complaints from Democracy Task Force, set up by David Commission published its report on the the public (or judges) who are dissatisfied Cameron and chaired by Kenneth Clarke, 2005 election. The report dealt with three with the handling of a complaint about are Andrew Tyrie, Sir George Young, main issues – the party campaigns, a judge’s conduct. Complaints in the Lord Butler of Brockwell, Sir Christopher media coverage of the campaigns, and first instance will be dealt with by a new Foster, Ferdinand Mount and Laura the electorate’s engagement with the Office for Judicial Complaints, supporting Sandys. campaigns. On the parties’ campaigns, the the Lord Chancellor and the Lord Chief In the Liberal Democrats, Simon Hughes report’s authors find that although party Justice in their new joint responsibilities for has been appointed shadow secretary for campaigning was focused primarily on the judicial complaints and discipline (www. constitutional affairs and Shadow Attorney marginal constituencies, public awareness judicialcomplaints.gov.uk). General, while Jo Swinson has become the of the campaigns had improved compared new Shadow Scottish Secretary. with the 2001 general election. Despite The new Supreme Court is now expected the hype, however, there was little in the to move into its new home in Middlesex way of electronic campaigning. On media Guildhall in autumn 2009. coverage, the most significant finding is the decline in coverage compared with International Constitutional Focus: Canada 2001. Significant because the media seem to have assumed that the low turnout in The new Conservative government in Canada has published a new Federal 2001 indicated little interest in politics, Accountability Act, which aims to but by reducing their coverage of the • put an end to the influence of big money in the political parties 2005 campaigns they may, in fact, be • stop former ministers, staffers and senior public officials from using insider contributing to declining interest in politics. connections to profit from public service Thirdly, the marginal improvement in • empower officers of parliament such as the Information Commissioner, Auditor turnout compared with the 2001 general General and Lobbyist Registrar to hold government to a higher level of account election suggests that much remains to • clean up government contracts, appointments, polling and procurement be done to stimulate political participation. • extend the scope of the Access to Information Act One way in which this might be tackled is • establish an independent Parliamentary Budget Office. through ‘positive politics’ throughout the electoral cycle, not just during election The new Prime Minister Stephen Harper has also announced his intention to introduce campaigns, and ‘positive coverage of legislation to provide for fixed term parliaments. politics by the media’. | ISSN 1465–4377 | 7

CONSTITUTION UNIT NEWS

Church and State Lords Project Update CU Personnel Changes

In April the Unit published a major report Meg Russell and Maria Sciara presented a January 2006 saw the departure of by Bob Morris. It is a mapping exercise paper at the Political Studies Association, Hayden Thomas from his position in the which carefully analyses the relationship entitled ‘Why does the Government Unit’s Freedom of Information team. In between the Church of England and the get defeated in the House of Lords?’. May, Honorary Senior Research Fellow British state. The report also contains This looks at the contribution of Labour Mark Sandford departs to become detailed appendices by Frank Cranmer rebels, Conservatives, Liberal Democrats, Research and Evaluation Manager at the about the relations between Church Crossbenchers and Bishops to the defeats Electoral Commission and Office Manager and State in other European countries, in the Lords from 1999-2005. The full paper Philip Diamond takes up a post in an environmental NGO. Philip’s successor is particularly in Scandinavia where they is available on the project website, along Vicki Spence. The Unit’s other new recruit also have a long history of an established with our regularly updated list of Lords is Mark Glover, as part-time Administrative church; and by John Lucas about the defeats. See: www.ucl.ac.uk/constitution-unit/ Assistant on Freedom of Information. process of disestablishment in Ireland and research/parliament/house-of-lords.html. Two Wales. The latter do not provide viable further conference papers are planned for the And finally… models for disestablishment in England, summer. because neither had to confront the core Congratulations to Meg Russell, the Unit’s of the constitutional settlement fashioned Freedom of Information Research Senior Research Fellow on Parliament, between 1688 and 1707. who was awarded the Political Studies The Unit is undertaking a study of how the Association’s Richard Rose prize for This stage one report does not consider UK’s national print media used the FOI Act contribution to the study of British Politics. the merits or demerits of disestablishment in the year since the law came into force. For or other options for change. That is to be most people the media are the only source done in stage two of the project, which will of information about FOI and its impact; Reader Offer include a conference at St Katharine’s in thus, the focus of the study is how journalists London in July. The government’s position use FOI and what information they ask for Territory, Democracy and Justice: has been that establishment is primarily and obtain via FOI. As well as generating Federalism and Regionalism in Western a matter for the church, and it is for the quantitative data on the media’s use of FOI, Democracies. Edited by Scott L. Greer church to make the first move. But that the project will explore how the media’s use (The Constitution Unit, UCL). may start to alter if the Bishops do not of FOI might affect the public’s overall trust in Hardback. ISBN: 1-4039-9501-X retain their seats in the next round of Lords government. reform, or if (as reported) Gordon Brown Territory, Democracy and Justice brings favours divesting the state’s patronage to The Unit has also been awarded nearly together experts from six countries to appoint Bishops and other senior church £3,000 by the ARMA International Education ask what territorial decentralisation does and what it means for democracy, policy- appointments. Foundation to carry out a comparative study making and the welfare state. Integrated on national FOI regimes in the UK, Canada and international in a fragmented field, Governance of Parliament and the United States. ARMA International the chapters identify the importance is a not-for-profit association and the and consequences of territorial As part of the ongoing Governance leading authority on records and information decentralisation. The authors analyse the of Parliament research project, the management in North America. The research successes, the generalisable ideas, and Constitution Unit recently published an paper will be presented by the Unit’s the international lessons in the study of ‘issues and questions paper’ entitled Research Fellow Sarah Holsen at ARMA comparative territorial politics as well as Governing the House of Commons. The International’s 51st Annual Conference in new directions for research. purpose of the paper, authored by lead San Antonio, Texas in October 2006. researcher Dr Meg Russell and assistant To order this book at the discounted Akash Paun, is to stimulate discussion Information Society Module price of £25 + p&p (RRP £50), enter the on and invite responses to a range of reference code WTERRITORY06a into questions relating to how the Commons The Constitution Unit is expanding the scope the promo box when ordering on www. manages its business and organises its of its course offerings with the approval palgrave.com or quote the code when internal structures and procedures. To a new module for the School of Public placing an order by email (orders@ view the paper and to submit a response, Policy’s Masters degree programme. The palgrave.com) or telephone please visit the project homepage at: new course, Governance of the Information (+44 (0) 1256 302 866). www.ucl.ac.uk/constitution-unit/research/ Society, will be taught by Research Fellow parliament/ governance-of-parliament.html. Sarah Holsen during the second term of (For individuals only. Not for library academic year 2006-07. The course will or trade customers.) explore the ‘rise of the information society’ and address issues and topics such as globalisation, information rights, privacy, new forms of crime and deviance, the knowledge economy, and inequality. 8 BULLETIN BOARD

CONSTITUTION UNIT PUBLICATIONS EVENTS PUBLICATIONS RECEIVED

• Robert Hazell (ed.), The English • FOI Live 2006 takes place on 25 May • Burall, Simon, Brendan Donnelly and Question (Manchester: Manchester 2006 at the Millennium Conference Stuart Weir (eds.), Not in Our Name: University Press, 2006). This edited Centre, London. Organised by the Democracy and Foreign Policy in the volume examines the constitutional Constitution Unit, this event has been UK (St Edmundsbury Press, 2006) history and status of England, described as ‘the foremost event on ‘the gaping hole in the devolution information rights issues in the UK’. • Commission on Boundary Differences settlement’ and assesses the various Details at: www.foilive.com. and Voting Systems, Putting Citizens possible answers to the English First: Boundaries, Voting and Question. See enclosed flyer for • Sir William McKay of Aberdeen Representation in Scotland (The ordering information. University speaks at the Institute of Arbuthnott Report) (January 2006) Historical Research on 30 May at • Scott Greer (ed.), Territory, Democracy 5:15pm. The subject is ‘Westminster • Dhillon, Kiran, Mayors making a and Justice: Federalism and Regionalism in Western Democracies and Washington: legislative sisters difference (New Local Government (Palgrave MacMillan, December 2005). under the skin’. Full details at www. Network, 2006) ISBN: 1-903 447-51-8 Hardback. ISBN: 1-4039-9501-X. See history.ac.uk. page 7 for ordering information and • Dunleavy, Patrick, Richard Heffernan, discount readers’ offer. • On Tuesday 6 June (1pm), the Philip Cowley and Robert Hay, Constitution Unit holds a seminar on Developments in British Politics 8 • Bob Morris, Frank Cranmer and John The New Commission on Equality (London: Palgrave MacMillan, 2006) Lucas, Church and State: A Mapping and Human Rights. The speaker will Exercise. 129-page Constitution Unit be Sarah Spencer of the Centre on • MacCarthaigh, Muiris, Accountability in report, £25. Migration, Policy and Society, University Irish Parliamentary Politics (IPA, 2006), of Oxford. Book your place at www.ucl. ISBN: 1-904541-31-3 • Robert Hazell, ‘Time for a New ac.uk/constitution-unit/events. Convention: Parliamentary Scrutiny of • The Power Inquiry Report, Power to Constitutional Bills 1997-2005’, Public • On 7 June, the Constitution Unit is the People. The Report of Power: Law, summer 2006, pp. 247-98. hosting a book launch and seminar on An independent inquiry into Britain’s The English Question at the Houses democracy (March 2006). At: www. • Meg Russell and Akash Paun, of Parliament. Speakers will include powerinquiry.org/report/index/php Governing the House of Commons: Lord Baker of Dorking, proponent of Issues and Questions Paper. Can ‘English votes on English laws’. • The Steel Commission, Moving to be downloaded from: www.ucl.ac.uk/ Federalism – A New Settlement for constitution-unit/research/parliament/ • On 16 June, the Political Studies Scotland (March 2006). At: www. Issues_and_Questions_Paper.pdf. Association Parliaments and scotlibdems.org.uk/conference/ • Meg Russell and Maria Sciara, ‘Why Legislatures Specialist Group holds its steelcommission.pdf. does the Government get defeated first conference at Sheffield University in the House of Lords’ (conference on the theme of Reinterpreting • Susskind, Richard (ed.), The Susskind paper delivered April 2006). Available Parliament. Details at www.psa.ac.uk. interviews: Legal experts in changing at: www.ucl.ac.uk/constitution-unit/ times (London: Sweet and Maxwell, research/parliament/house-of-lords. • The Department for Constitutional 2005) ISBN: 042191260X html. Affairs/Constitution Unit seminar series continues on 21 June with Lord Woolf • Devolution Monitoring Reports: January of Barnes discussing Reform of the saw the publication of five reports European Court of Human Rights. as part of the relaunched Devolution Phone 020 7210 1383 to reserve. Monitoring Programme. These reports – on Scotland, Wales, Northern Ireland, • On Monday 25 September at 1pm, Ken the English Regions, and Devolution Clarke MP will speak at the Constitution and the Centre – are available for free Unit on The Conservative Party’s from www.ucl.ac.uk/constitution-unit/ Democracy Taskforce. Book your research/devolution. place at www.ucl.ac.uk/constitution-unit/ events. For full details of all Constitution Unit publications or to make a purchase, visit our website at: www.ucl.ac.uk/ constitution-unit/publications or contact the Unit on [email protected] or 020 7679 4977.

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