1.2 - How The Constitution Has Changed Since 1997

Question 1

How did demands for modernisation of the constitution lead to pressure for reform in the 90s

Answer 1

• Blair’s labour were keen on the idea of constitutional reform to help modernise British institutions.
• old labour had adapted to some reforms, eg: extending voting age to 18 in 1969, attempting to pass devolution for Scotland and wales in 1979 also
• New labour listened to demands from pressure groups, eg: Charter 88, wanting more open democracy and stronger guarantees of citizens rights.
• before the win in 97’, Blair expected he’d need support from Lib Dem’s, who were also keen on constitutional reform, particularly changing the voting system

Question 2

How did the experience of the conservative rule of 78-97 lead to pressure for reform in the 90s

Answer 2

• The cons has refused to undertake reform, helping build up pressure for reform, especially in Scotland who felt ignored by the distant gov in London.
• Scottish opinion rejected a number of conservatives policies, eg: the unpopular poll tax which was trialled in 89’.
• accusations of corruption against parliamentarians led to the health and integrity of traditional institutions being questioned

Question 3

What 5 areas of reform did the labour gov from 1997-2010 focus on

Answer 3

• House of Lords reform
• electoral reform
• devolution
• humans rights act
• creation of the Supreme Court

Question 4

How did labour reform the House of Lords?

Answer 4

• when labour took over in 97’, House of Lords were dominated by hereditary peers who owed titles to inheritance
• government ended the rights of all but 92 of the peers to sit in the HOL.
• this reduced number of labour opponents in the HOL and it gave the house a modernised appearance
• majority of members now life peers, appointed on grounds of merit

Question 5

Why can it be argued the reform to the HOL didn’t change the fact it lacked democratic legitimacy

Answer 5

• from 2000, a HOL appointments commission nominated peers who weren’t linked to a party
• however, the PM and other party leaders made nominations on political grounds, meaning no agreement was made on making the lords wholly or partly elected

Question 6

How did Labour reform the electoral system

Answer 6

• PR was introduced for elections to the Scottish parliament, welsh assembly, NI assembly and European Parliament
• however no change was made to the system in Westminster, and labour had no interest in changing it as a result of their huge win in 97’.

Question 7

How did labour introduce devolution to reform the constitution?

Answer 7

• devolved bodies introduced for Scotland, wales, NI following referendums in 97-98 in these parts of the UK
• Labours devolution reforms were a pragmatic package, designed to damp down support for pro-independence SNP, and to unite the conflicting unionist and nationalist factions in NI.
• demand for devolution in Wales was never as big, evident in turnout for the Welsh referendum, and therefore didn’t gain comparable powers to those of the Scottish parliament

Question 8

What was the ‘West Lothian question’, and how did the labour gov react

Answer 8

• government has no answer to the West Lothian question
• this was that Scottish MPs could vote on English manners, but English MPs couldn’t vote on Scottish manners
• also persistence of Barnett formula meant Scotland, wales, NI, received more public spending per head of population then England

Question 9

How did labour reform the humans rights act

Answer 9

• this act incorporated the European convention on human rights into UK statute law
• all future legislation had to be compatable with the ECHR

Question 10

What was a limitation of the humans rights act introduced by labour

Answer 10

• demonstrated by gov decision to declare an exemption from article 5 which gave individuals suspected of terrorism right to liberty and security
• the intro of control orders in 2005, allowing authorities to limit freedom and movement of suspected terrorists highlighted the unentrenched nature of the human rights act

Question 11

How did the creation of a Supreme Court reform the Uk constitution from labour

Answer 11

• the 2005 Constitutional reform act led to a Supreme Court 4 years later
• highest level of appeal for civil cases and for criminal cases (except Scotland)

Question 12

How did the conservatives and Lib Dem coalition disagree on reform for the HOL and HOC boundary reform?

Answer 12

• plans for a mainly elected HOL were dropped after a rebellion of 91 backbench conservative MPs.
• The Lib Dem’s retaliated to this by blocking the implementation of legislation reducing number of MPs from 650 to 600, as this change would have mainly favoured the conservatives

Question 13

How did the conservatives + Lib Dem coalition disagree on reform for the electoral system

Answer 13

• referendum held in 2011 for AV vote, conservatives advocating for continuation of FPTP, whilst Lib Dem’s advocating for adoption of AV vote, 68% rejected the AV vote, hugely disappointing for the Lib Dem’s, however it could be argued this was more a vote against the Lib Dem’s who failed to deliver certain promises

Question 14

How did the conservatives + Lib Dem coalition disagree over reform to rights

Answer 14

• cons wanted to replace Human rights act with a British bill of rights, Lib Dem’s wanted to retain the act. A commission tasked with investigating the issue failed to find a way forward

Question 15

How did the conservative + Lib Dem coalition agree on devolution reforms

Answer 15

• referendum in wales in 2011 to grant more powers to Welsh assembly, resulting in assembly having direct law making power without need to consult Westminster
• Scottish parliament got more powers under 2012 Scotland act, referendum in 2014 for independence, 55% chose to remain, David Cameron pledged to grant more powers to Scotland
• solution to the ‘West Lothian question’, if a issue only concerns England comes before HOC, it can pass only with a ‘grand committe’ consisting solely of English MPs, measure was first used in Jan 2016 passing a housing bill without involvement of Scottish MPs

Question 16

How did the conservative and Lib Dem coalition agree on reform to make the fisted term parliaments act of 2011?

Answer 16

• this act ended PM power to choose date of a general election, establishing a new parliament must be elected on a fixed date, 5 year intervals. Earlier contest can only be held if 2/3 of MPs vote for it, or if PM loses a vote of no confidence and fails to form new gov within 14 days

Question 17

What’s a limitation of the fixed term parliament act of 2011?

Answer 17

• the fact Theresa May called a snap election in 2017 showed it’s possible for a PM to get around the act as opposition MPs don’t want to appear afraid of facing the electorate, and a determined PM would likely get the support in parliament for an early election

Question 18

How did the conservative + Lib Dem coalition agree on reform of the HOC

Answer 18

• the coalition put in reforms recommended by a committee chaired by Labour MP Tony Wright
• chairs of HOC select committees, which then scrutinise the activities of gov departments, were to be chosen by MPs
• a backbench committee was created choosing topics for debate, including some proposed by public in e-petitions
• first debate was triggered by people seeking justice for the 96 (now 97) Liverpool fans who died at hillsborough disaster in 89’

Question 19

How did the conservative and Lib Dem coalition agree on reform for the recall of MPs act

Answer 19

• response to fact voters had no legal means of removing scandalous MPs who refused to resign their seats.
• therefore if an MP is sentenced to a custodial sentence or is suspended from commons for more then 21 days, a by election is triggered if 10% or constituents sign a recall petition

Question 20

What has Starmer done for devolution since being elected

Answer 20

• 8 new devolution agreements have been signed, making decision making closer to the local people