| THE CONSTITUTION UNIT NEWSLETTER | ISSUE 37 | SEPTEMBER 2007 | MONITOR GORDON BROWN AND THE CONSTITUTION IN THIS ISSUE Gordon Brown is a longstanding supporter to more control, the Prime Minister could give of constitutional reform. In preparation up his patronage power to select party members AFTER THE 2 for his premiership the Constitution Unit in the House of Lords and give this power to prepared a detailed briefing on all the the House of Lords Appointments Commission. RESHUFFLE unfinished business, in terms of Lords Secondly, making the power of dissolution subject reform, devolution, funding of political parties, to parliamentary vote is not an effective check electoral reform and a bill of rights. The on abuse of the power. If the PM really wanted LORDS REFORM 2 briefing set out a timetabled and practical to restrict his power to choose the date of the programme of constitutional change, focusing next election, he should introduce fixed term on what can be delivered at this stage in parliaments as Canada has just done. COMMONS REFORM 3 the political and parliamentary cycle. We cautioned that Lords reform and a British bill Finally, there are two respects in which we believe of rights cannot be delivered in the remainder the government risks going too far. It should not EU REFORM TREATY 4 of this parliament, and explained the relinquish all involvement in the appointment difficulties in reaching agreement on a of judges. The Lord Chancellor should retain written constitution. the power to select judges, and senior judges CHURCH & STATE 4 should be subject to the same parliamentary Much of our briefing was reflected in the new pre-appointment hearings as the government is government’s plans for constitutional reform set proposing for other senior public appointments. DEVOLUTION 5 out in the Green Paper The Governance of Britain Secondly, lowering the voting age to 16 would (Cm 7170, 3 July), published in Gordon Brown’s almost certainly reduce voter turnout. 18-25 year first week as Prime Minister. The government olds already vote less than older age groups, and FREEDOM OF INFORMATION 6 was bold about many of the smaller things, but the risk is that young voters who start in life not understandably cautious about the big things. On voting are likely to continue as non-voters. a bill of rights and a written constitution the Green PEOPLE ON THE MOVE 6 Paper recognises that neither could come into The Unit’s Briefing, Towards a New Constitutional being except over an extended period of time, and Settlement, and the Unit’s Response to the Green not without achieving broad consensus upon what Paper can both be found on the website, at CONSTITUTION UNIT NEWS 7 they should contain. On Lords reform, Jack Straw www.ucl.ac.uk/constitution-unit/news/index.htm. subsequently confirmed on 19 July (discussed BULLETIN BOARD 8 further under ‘Lords Reform’ below) that there BROWN’S NEW TEAM would be no legislation in this parliament. So the government will start with a long list of smaller things. This is not to diminish their importance; but In Gordon Brown’s first Cabinet all the key a possible difficulty is that few of these items will constitutional portfolios have changed hands. resonate with the media or the general public. The new Justice Minister and Lord Chancellor is Jack Straw, who will play a central role in The main focus of Brown’s initial reforms is Brown’s programme for constitutional reform. on strengthening Parliament, and bringing the Straw’s appointment marks the latest stage in the prerogative powers under parliamentary scrutiny changing relationship between the three branches and control. The war making power is to be of government, with the Lord Chancellor coming subjected to a model resolution, giving Parliament from outside the House of Lords for the first time. a say over future military deployments. The power Straw is supported on constitutional reform by of recalling parliament in the recess is to be Minister of State Michael Wills, while his former controlled by the Speaker, not the government. position of Leader of the House has been given There will be annual parliamentary debates on to Harriet Harman, Labour’s new deputy leader the objectives and plans of the main government and party chair. departments. The Intelligence and Security Committee is to be made a proper parliamentary Both the Scotland and Wales Offices will continue committee, and there will be greater parliamentary to be headed by part-time secretaries of state, involvement in treaty making. The Civil Service Des Browne and Peter Hain respectively. Even will be regulated by statute, and parliamentary more so than in the last Blair Cabinet, there are committees will scrutinise some senior public serious doubts as to how much time the Scotland appointments. The Prime Minister will give up and Wales Secretaries will have for their territorial 37 his patronage powers to select bishops, and jobs as both men are also in charge of major The Constitution Unit the government is minded to relinquish any departments: Defence (Browne) and Work and UCL Department of Political Science involvement in the appointment of judges. Pensions (Hain). Junior ministers David Cairns Director: Professor Robert Hazell CBE and Huw Irranca-Davies are likely to handle much www.ucl.ac.uk/constitution-unit The whole thrust of making executive power of the day-to-day work of the two departments. Email: [email protected] more accountable is strongly to be welcomed, but Phone: +44 (0) 20 7679 4977 the government could have gone further in two At the Northern Ireland Office, the top job has Fax: +44 (0) 20 7679 4978 respects. While subjecting the prerogative powers been given to Shaun Woodward and made a | THE CONSTITUTION UNIT MONITOR | ISSUE 37 | SEPTEMBER 2007 | 2 BROWN’S NEW TEAM (CONT’D) AFTER THE RESHUFFLE: KEY PLAYERS IN CONSTITUTIONAL POLICY Government Conservative Liberal Democrat full-time role once more. However, there is now only one junior minister, reflecting the Secretary of State Jack Straw Nick Herbert David Heath reduced workload following the resumption of for Justice & Lord devolved governance in Belfast. Chancellor Attorney General Baroness Dominic Grieve Lord Thomas Other significant appointments include that Scotland of of Gresford of Baroness Scotland, only the second black Asthal women to be a Cabinet member, as Attorney General, Baroness Ashton as Leader of the Secretary of State Des Browne David Mundell Alistair Carmichael Lords, and close Brown ally Ed Miliband as for Scotland Minister for the Cabinet Office. Secretary of State Peter Hain Cheryl Gillan Roger Williams for Wales Alongside the reshuffle, Gordon Brown made some significant changes to the machinery Secretary of State Shaun Woodward David Lidington Alistair Carmichael of government, following the earlier creation for Northern Ireland of the Ministry of Justice (see previous Monitor). There are three new departments: Cabinet Office Ed Miliband Francis Maude Norman Baker Minister the Department for Children, Schools and Families, the Department for Business, Leader of House Harriet Harman Theresa May Simon Hughes Enterprise and Regulatory Reform and the of Commons Department for Innovation, Universities and Skills. Consequently, the Department of Leader of House Baroness Ashton Lord Strathclyde Lord McNally Trade and Industry, and the Department for of Lords of Upholland Education and Skills (as well as the Deputy Prime Minister’s Office) will cease to exist. As PASC: ‘Ad hocery’ ad nauseam 672) recommendations. PASC finds that noted below, these changes were the subject such changes seem to be prompted by of a critical report of the Public Administration In three recent reports, the Public political expediency, with little thought for their Committee. Administration Select Committee (PASC) frictional cost. While government organisation seems to have tired of the incremental ‘British is a royal prerogative power, the Ministers Role of the Attorney General way’ of approaching public administration. of the Crown Act 1975 provides for Transfer of Function Orders to be laid in Parliament The new Attorney General, Baroness In Ethics and Standards: the Regulation of subject to the negative procedure – i.e., Scotland, published a consultation paper on Conduct in Public Life (HC 121-1), PASC Parliament must ‘pray’ against them to prompt possible changes to her role on 26 July. One reviewed the network of ‘constitutional a debate. By amending the Act such that option is to appoint a lawyer from outside watchdogs’. The committee found an the affirmative procedure – i.e., the formal politics, as in Scotland, Ireland and Israel. overlapping system of bodies created in approval of both Houses – is necessary, The Attorney’s regular attendance at Cabinet response to crises, with tension between government would have to make a business (in itself a recent Blair innovation) could be their independence and accountability. To case for the investment of public money in ended. The Attorney could be removed from bring coherence, the committee recommends the reorganisation. More radically, PASC any part in individual decisions to prosecute, a more ‘collegiate’ direction of travel and a recommends a ‘new Haldane’ review of the except possibly where national security or Public Standards Commission – at arm’s departmental structure of government. international interests arise (as in the decision length from government and parliament – to not to prosecute following the Serious sponsor the watchdogs. In terms of balance PARLIAMENT Fraud Office’s bribery investigation into BAE between independence and accountability, the Systems). The PM is said to favour making the National Audit Office (NAO), which is funded Director of Public Prosecutions independent of by a parliamentary vote set and laid by the Lords reform the Attorney General, and Lady Scotland has statutory Public Accounts Commission (PAC), said that during the consultation she will not be is seen as the exemplar.