Evaluate the view that reforms to the UK consitution have not gone far enough (30) Flashcards
Devolution has
This was one of the most significant reforms introduced by the labour government of 1997-2010, The Scotland Act 1998, Government of Wales Act 1998 and Northern Ireland Act 1998 saw the power of the central government transfer to regional government. Along with the creation of the Scottish, Welsh and Northern Ireland assembly.
The reforms have given significant legislative powers over policy areas and whilst the constitution is ultimately uncodified there have been reasonable protections in place
that these powers will remain.
The Scotland Act (2016) devolves powers over income tax, air passenger duty, abortion law and welfare benefits. In addition, the Act also recognises the Scottish government and Parliament as permanent features of the UK constitution, meaning a referendum would be required to abolish them.
The reforms allow for greater representation as the members of the devolved assemblies better understand the particular need of their constituents and can respond accordingly.
English Votes for English laws or EVEL is constitutional reform passed by the 2015-17 conservative government, giving English MPs greater power over English laws and the opportunity to veto. This answered the West Lothian Question that Scottish representatives could vote on only English matters but not vis versa.
legislation that affected only England required the support of a majority of MPs representing English constituencies.
Devolution hasnt
Some argue that one issue of the devolution systems is that Non-English MPs are able to vote on bills that only effect England. In March 2016 SNP MPS helped to defeat plans to relax Sunday trading hours in England. Had the 59 SNP MPs not voted the act would have passed.
The former first minister of Scotland Nicola Sturgeon argued that the current devolution settlement was ‘being shown to be worthless’ after the UKSC ruled in R (miller) v Secretary of state for exiting the EU that the Sewel Convention did not legally require a legislative consent motion to be passed by the Scottish parliament before the UK government could begin exit negotiations with the EU.
A codified constitution would allow for greater protection of the rights of devolved assemblies and the UK to move towards a fully federal state.
Rishi Sunak’s government blocked legislation passed by the Scottish parliament that would make Scotland the first part of the UK to introduce a self-identification system for people who want to change gender. He did this through blocking the bill from going for royal assent, common law that was ignored in this case. Codification would bring more power to devolved nations.
Human rights has
Statue Law, Human Rights Act 1998 incorporated the rights set out in the ECHR into UK law. The UKSC has the power to declare government actions or legislation incompatible with this statue law and therefore look to protect rights.
This is due to the Constitutional Reform act 2005, which enhanced judicial independence and established the UKSK. Increased independence through JAC and the reduction of the Lord Chancellor role.
AM Zimbabwe v Secretary of state for the Home department, this case referenced statue law, or more specifically article 8 of the ECHR preventing deportation of a foreign citizen who would not be able to access medication which he could in the UK, this would subject him to inhuman degrading treatment or punishment under article 8.
R (Unison) v Lord Chancellor, the court ruled employment tribunal unlawful because they prevented fair access to justice, the government was forced to stop charging workers up to £1,200 for access to an employment tribunal. In this case the government upheld the rule of law and the Tribunals, Courts and Enforcement Act 2007
The act also requires all parliamentary legislation to be issued with statements explain how they comply with the HRA.
Human rights hasnt
The Human Rights Act 1998 is not entrenched, this means that it can be removed by a act of parliament, due to parliamentary sovereignty and the nature of the uncodified constitution.
The current Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice Dominic Raab has publicly shown his dislike towards the Human rights Act 1998 and shown intent to remove it, he claimed removal of such statue law would counter ‘wokery and political correctness’ and expedite the deportation of foreign criminals. Either way the removal of such document throws into question whether out human rights will effectively be protected in a uncodified system.
Furthermore because the Human Rights Act and other statue law is uncodified it means that parliament can overrule decisions through further statue law.
HM Treasury v Ahmed 2010, The treasury imposed an asset freezing order on three suspected terrorists. The UKSC ruled that the government had ‘exceeded their power’ and the rule of law and the United Nations Act 1946. Within a week although the Brown government legislated in parliament to allow them to freeze the assets. The Terrorist Asset-Freezing Act 2010.
Parliamentary reform has
Wright committee reforms 2009, Select committee chairs are now elected by MPs across the commons are paid additional salary, while other committee members are elected within their party. The Backbench Business Committee allows backbench MPs to raise issues for debate. The committee is now able to schedule business on 35 days. The Liaison Committee which is made up of the chairs of other select committees in the House of Commons now questions the prime minister on government policy twice a year.
Fixed terms Parliament act (2011) requires elections every 5 years, rather when the prime minister chooses. In theory this makes the MP unable to manipulate the democratic cycle and capitalising on ‘good news’.
The above reforms have been successful in taking power away from the sitting government, increasing the effectiveness of parliamentary scrutiny and increasing the power of backbench MPs to influence policy.
House of Lords reform 1999, removed all but 92 hereditary peers from the House of Lords, by doing so it effectively gave the chamber more legitimacy to challenge the government. Increased number of life peers also brought a greater amount of expertise into the chamber. Reforms have helped the Lords become more assertive, making more amendments, and opposing more bills.
The Blair and Brown government were defeated over 400 times in the lords, and over 90 times in 2002, before the legislation was introduced the sitting government were not defeated more than 40 in a single year after 1990.
Parliamentary reform hasnt
The FTPA was bypassed in 2017 as it permitted early dissolution if the House of Commons voted by a supermajority of two thirds. With 522 votes for, the motion passed relatively easily. Furthermore in December of 2019 Boris Johnson attempted to hold a snap election under the processes defined under the FPTA, but failed to gain a supermajority on three occasions, instead parliament pass the Early parliamentary General Election Act in 2019, this showing that previous statue law can easily be moot when overridden by new acts of parliament.
While select committee power has strengthened as they have now greater incentive and have become more independent, they still lack any legal power to compel witnesses to attend and answer questions and then follow through on decisions.
Government can still ignore rulings, a study showed that roughly 66% of all select committee recommendations have been ignored.
House of Lords reform Bill 2012 was introduced into the commons by Nick Clegg and would have among other reforms made the Lords a mostly elected body, with 120 elected members. Therefore the Lords remains with a number of hereditary peers and all peers are unelected, which means they remain relatively illegitimate and unwilling to challenge government decisions.
The reforms have still left over 800 peers sitting in the house of lords, the size of the camber has not been reduced.
Commons and lords reforms do little to address fundamental issues within the UK, elective dictatorship still remains and issue. Lords remain with very little power and the commons fails to effectively scrutinise the government.
