Case Studies - The Constitution Flashcards
Freedom of Information Act 2000 - Who does it apply too?
Tony Blair’s Labour Government:
- Local councils, police forces, the BBC and universities along with the central government
FOIA - The main terms
- They are obligated to publish and make freely available certain information about their activities e.g. minutes of meetings, public policy documents etc
- Members of the public and pressure groups are able to make requests via the Information Commissioner’s Office (ICO) for information and data; the institution would normally reply to a request within 20 days and can only withhold information under certain circumstances
FOIA 2000 - Examples of its use
2019 - A request by the BBC for local councils to reveal how many individuals they recorded sleeping rough at any stage in 2019
2009 - The MP’s Expenses Scandal which resulted in 5 Labour MPs and 2 conservative peers being jailed
Positives of the FOIA
- It is popular; in 2020 alone between July and September 11,042 requests were received and around 75% were resolvable (information could be gathered) and 86% were responded to in time
- Has been invaluable for investigative journalists, pressure groups and ordinary people seeking information that public bodies might otherwise prefer not to be revealed
- A major boost to open and transparent government
Negatives of the FOIA
On average, only 40% of requests are answered in full and 35% are denied in full, the rest being answered in part; there are several grounds for legitimately denying requests, such as those regarding national security, commercial confidentiality or that collecting the information would be very expensive - not always effective
Why did Tony Blair regret signing the Act in his 2019 autobiography?
Blair most likely disliked how often journalists and political groups used this Act and how it restricted candid confidential discussions that happened in government departments; it also negatively affected his own party, with the MP Expenses Scandal, not just the opposing parties. As a result, it possibly did more personal political damage to his party, despite how positive it was for trust and building a more transparent relationship between the people and parliament. It also likely could have jeopardized his own misdemeanors and the misdemeanours of those around him, information he did not want readily available - it exposed everyone, and so he may therefore have considered it naive to put himself and his whole parliament in a precarious position in hindsight, that could have created public issues and breakdown between constituents and the MPs they voted for.
Fixed Term Parliament Act - 2011
David Cameron - It was created by the Conservative-Liberal Democrat coalition government
- It essentially removed the traditional right via the royal prerogative for the PM alone to seek a dissolution of parliament and call an early election simly with the permission of the Queen, a convention she is obliged to grant
- Prior to the FTPA, it was a common tactic of PMs to dissolve parliament early, about a year in advance of a proposed general election, when the polls looked favourable to keep them in power - this was employed by both Margaret Thatcher and Tony Blair in 1983 and 2001 respectively
Why was the FTPA passed?
- The desire to create stability and permanence for the first coalition government since 1945
- It is a long term Lib-Dem (LD) policy and also protects the party from being ditched by their Conservative (C) partners when the polls looked favourable
What are the two main terms of the FTPA?
- The PM cannot unilaterally go to the monarch and seek a dissolution of parliament and an early election
- The only exceptions to this rule are when the government loses a vote of no confidence in the HoC and this subsequently is confirmed by another vote 2 weeks later, or when ⅔ of MPs vote to hold an early election
Positives of the FTPA
Fulfilled its national aim of guaranteeing a 5 year term for the coalition government and ensuring political stability
Negatives of the FTPA
- Easily overridden by Theresa May just two years into her government, where Commons voted 522-13 in favour of calling an early election - Jeremy Corbyn (L) also favoured an election, as few opposition leaders want to be seen as politically cowardly
1. The only MPs to vote against it were some Labour rebels, one Social Democratic and LP MP from NI and three independents, with the SNP abstaining - Additionally, in 2019 PM Johnson tried 3 times to call an early election in order to find a way out of the Brexit blockade, but couldn’t get a ⅔ majority, and the Act was later circumvented by the Early Parliamentary General Election Act, which required only a majority
1. It was passed in October 2019 by 438-20 votes, with 181 abstenations of mostly L and LD MPs
2. The Act was fast-tracked through parliament and became a law within 2 days of getting through HoC
3. The Act needed changing
Why is the future of the FTPA in danger?
In 2019, both C and L manifestos promised to repeal it, with L arguing that the Act stifled democracy and propped up a weak government, and the C stated that it created political ‘paralysis’ when the country needed decisive action. A draft bill for the abolition was produced in Dec 2020.
What does the FTPA tell us about constitutional changes?
It is a good example of parliamentary sovereignty and the relative simplicity of which constitutional changes can be implemented and also reversed.
