The Urgent Future of Constitutional Reform Introduction David Boyle
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RADIX PAPER NO 18 OCTOBER 2020 Edited by David Boyle Contributions by Lord Alderdice Charlotte Alldritt Sir Simon Jenkins and Alan Rusbridger THINK TANK FOR THE RADICAL CENTRE DEMOCRACY THE URGENT FUTURE OF CONSTITUTIONAL REFORM INTRODUCTION DAVID BOYLE A week or so before the beginning of My reason for telling this story is that the 1992 general election campaign, – despite this setback – only five years Labour’s deputy leader Roy Hattersley later, Robin Cook and Bob Maclennan was chatting about strategy in the were inaugurating their joint cabinet Atrium, the airy restaurant - now turned committee to put into place most of the café - at 4 Millbank. Charter 88 agenda (though not PR at Westminster). He had been lobbied every day by Charter 88, the influential constitutional The whole affair was done as a kind of reform campaign, to recognise their consolation prize for Paddy Ashdown efforts to organise a series of public who had been promised a coalition debates a week before polling day, government by Tony Blair in 1997. It was an initiative they called ‘Democracy done despite open scepticism from Blair Day’. And they should, Hattersley and himself. Sovereignty remains with me, colleagues agreed across the table. They he assured Prime Minister’s Questions, would talk about constitutional reform earning himself a rebuke from Ashdown on their grid exactly a week before who reminded him that, actually, voting – if only to spike the guns of the sovereignty remained with the people. Lib Dems. It goes to show how quickly things Unfortunately for Hattersley – and change when it comes to the lost and Charter 88 – the conversation had been neglected issues of constitutional overheard at the next table by a senior reform. Conservative strategist, so it was that on Democracy Day, the pro-Conservative press were ready for them with their ridicule – even the Guardian gargled IT GOES TO “EVERY GOVERNMENT with the phrase the ‘chartering classes’. THAT COMES TO POWER SHOW HOW QUICKLY THINGS CHANGE WHEN ALWAYS SAYS IT BELIEVES IN Democracy Day itself was a huge success, but there were those senior IT COMES TO THE LOST LOCALISM AND WANTS TO figures in the Labour Party who were AND NEGLECTED ISSUES DECENTRALISE AND DOES inclined to blame Charter 88 – and the OF CONSTITUTIONAL THE EXACT OPPOSITE” whole bundle of constitutional issues REFORM… Sir Simon Jenkins from PR to devolution – for the fact that they narrowly failed to win the election a week later. 3 We forget it partly, perhaps, because of • The role of the media and a struggling SIMON JENKINS So Boris Johnson found himself with that highfalutin’ and rather off-putting local press in good government (Alan a covid crisis that put that promise phrase. How many commentators Rusbridger/22 June) THE FUTURE OF immediately to the test and he was dismissed any variation from the normal found wanting. • The devolution of power to local level LOCALISM bread and butter issues of politics, (Simon Jenkins/1 July) He had no mechanism for projecting quoting Bill Clinton’s Campaign Director, central control locally in such a way that James Carville, approvingly (also in • The future shape of the UK (John Simon Jenkins is a journalist, author he could combat this particular disease. 1992) that “it’s the economy, stupid”. Alderdice/7 July) and broadcaster. In the course of If you compare it with other countries, Yet, suddenly, here we are – on both • The importance of local economic levers almost all of them relied on local sides of the Atlantic – busily trashing his 50-year career, he has written (Charlotte Alldritt/20 July). government to enforce the lockdown the economy because of populist or in and edited both the London and the various regulations of lockdown nationalist issues that could so easily Evening Standard and The Times and then cope with the testing and the have come under the heading of All these issues cry out in different ways and has authored books on politics other aspects of it that were required to constitutional reform. How Coronavirus for attention. Because our ability to and the history and architecture of combat the disease. has exposed the inadequacies of many ask questions of those who rule us is London. He has written regularly In Britain, the system simply broke down of our governmental structures and our key to the ability of government to act and the NHS in effect was left trying to over-centralised state. How, the attempt effectively. And without this scrutiny on different aspects of localism and handle it itself. The NHS, of course, had to shine a light of these failures, has the UK might simply break apart with has continually made the case for its own interests – it has nothing to do fallen short because our media and other all the risks associated with those kind decentralisation. He was speaking with local government. For example, the mechanisms for holding public officials of separations, including unrest and civil to the HuffPost’s UK Political government shared data on people who to account are no longer up to the job. war. Correspondent, Rachel Wearmouth are shielding with supermarkets but not So given that we now have freedom of These are important considerations with councils. information, a Scottish parliament and so I hope people will read these It is always interesting to me that every a Welsh assembly, and the House of contributions, originally talks and government that comes to power always WHY OUR COVID RESPONSE Lords has been half reformed – and it interviews, and talk about the issues says it believes in localism and wants FAILED SO BADLY? seems unlikely that anyone wants to talk involved. And we in Radix will be with to decentralise and does the exact about PR for a while – what are the most you talking about them in the years to opposite. However you define them - the local urgent ‘constitutional’ issues we need to come… council, the parish council - the leaders discuss? It is fairly clear that you have a group of the local community would have been of people in government now who That is the background to this pamphlet ideally placed to enforce what I believe do not have experience of localism in and the online seminars Radix organised DAVID BOYLE should have been a voluntary lockdown any sense. They found themselves in a through the summer of 2020. We September 2020 and would have known who was situation where they had a major crisis could potentially have chosen issues disobeying it and known who needed and they really didn't know what to do. like the future of the BBC and the role protection. All those local contacts, The central government machine was of the civil service, both topical among which are the fabric of local government dependent on centralised or nationalised populists, but the ones we actually in Britain, were there in place but none industry. chose overlap and are, in different ways, of them were used – and the result has equally urgent: been a disaster. I really think that Britain has been shamed by it. 4 radixuk.org 5 It is fairly clear that Britain was one of There is something in England - WHY LOCAL AUTHORITIES localism’ when they are actually doing the worst performers. It is also fairly particularly in England – which is deeply SHOULD TAX centralism. You can't do it that way. clear that countries – not just Korea centralised. People think they are the Unless you go down the route that most I think local authorities ought to have far and Taiwan but Norway, Germany local mayor when they're an MP. They European countries have gone down, wider tax-raising powers. They should and France – where they in effect rather despise local government because where provinces and districts – even be able, for instance, to decide the level conscripted local government to do they want to be seen to be doing things parishes – have systematic powers of business rates, which are currently the testing and tracing - were more themselves and be credited with doing determined centrally and which can be a that are theirs and they can take the successful. Where I live in Wales, there things, which is why they centralise. And government to court if it refuses to let crippling burden. were some really pointless regulations yet you find that, in so many ways, there them exercise those powers. Otherwise, – you weren't allowed to walk on a is that much more innovation at a local The trouble with local taxation in Britain it won't happen. That is why I believe in mountain, but you could walk on a level and they are also a lot better at is that it keeps changing because each constitutional change. beach. So when people on the ground doing things there. government comes into power with regard these as ridiculous, they lose faith a new idea for it. If only people knew In this country, local taxes are fixed THE PROBLEM WITH REGIONS in the way in which this lockdown is where they stood and what their tax by the centre. That is not the case being enforced. They're not there on side rates were going to be from one year Regionalism is a problem. Britain has in America and it's not the case in with government and they should have to the next but that relationship has never been a regional country or, to Germany. In other countries some been on side with government. essentially to be between the business be precise, England has never been a discretionary locality has to decide how and the local authority – not between regional country.