TOPIC 5.7- Constitutional reform, 2010 to present

Question 1

Objectives of constitutional reform since 2010 have been:
5

Answer 1

-decentralise power away from London and central government
-increase political stability by fixing election dates
-to increase MP’s accountability to voters
-to address the so-called ‘West Lothian question’
-to guarantee the UK’s withdraw from the EU in accordance with the result of the 2016 referendum

Question 2

Coalition government between 2010-2015 was committed to…

Answer 2

some reforms, largely under the influence of the Liberal Democrats, who shared power w/ the Conservatives

Question 3

Some of the reforms executed by Coalition government between 2010-2015

Answer 3

-Fixed-term Parliaments Act 2011
-Recall of MPs Act 2015

Question 4

During this period, Conservatives supported which reforms?

Answer 4

Further devolution measures
English Votes For English Laws (EVEL)
EU Withdrawal Act 2020

Question 5

Describe the Fixed-term Parliaments Act 2011

Answer 5

-the dates if general elections were taken out of the control of the PM

-elections were to take place every 5 years

-an early election can be called if approved by 2/3s majority of HOC, or if the government loses a vote of no confidence

-a vote of no confidence in a government could not be tied to an ordinary piece of legislation. but instead had to be dealt with as a separate motion in the HOC

Question 6

Strength of the Fixed-term Parliaments Act 2011

Answer 6

-Act aims to reduce power of the PM- PM can no longer call a snap election on their own to capitalise a favourable moment in time for the governing party, as Thatcher did to benefit from her popularity after the Falklands War

-Governments can no longer tie a vote on an ordinary piece of legislation to a vote of no confidence in order to quell backbench dissent in their own party (as John Major’s governments did for the Maastricht Treaty)- as a result, a new rile means that MPs may feel more inclined to voted with their conscience on important issues

-the Act is intended to ensure greater political stability, which was particularly important during the coalition years, where either the Conservatives or the Liberal Democrats might have otherwise withdraw from government at any moment

Question 7

The Coalition government focused upon extending powers to who?

Answer 7

The existing devolved bodies, particularly Scotland and in Wales.

It also introduced some new devolved authorities in England.

Question 8

Scotland
Further devolution
What did it do to Scotland’s powers ?

Answer 8

Increased devolved powers of the Scottish government and parliament

Question 9

Scotland
Further devolution
What did Scotland’s increased powers centre upon?

Answer 9

These two powers centred upon welfare provision and the payment levels for some social security benefits

Question 10

Scotland
Further devolution
Granted Scotland power to set which rates ?

Answer 10

Set the rates of income tax in Scotland and to determine how the receipts from income tax should be spent

Question 11

Scotland
Further devolution
VAT

Answer 11

Scottish government gained control over half the proceeds of VAT raised in Scotland

Question 12

Scotland
Further devolution
Can the further devolution of power to Scotland ever be removed?

Answer 12

Act made devolution effectively permanent by accepting that its removal could only occur via a future referendum

Question 13

Wales
Further devolution

Answer 13

The Wales Act 2014 gave the Welsh government limited powers to raise new forms of tax to control the revenue from them

Question 14

Wales
Further devolution act 2014
What happened in 2015?

Answer 14

In 2015
UK government allowed the Welsh Assembly to claim control over income tax revenue raised in wales

Question 15

Wales
Further devolution 2014
The Wales Act 2017?

Answer 15

2017
The wales Act 2017 allowed the Welsh Assembly to determine its own electoral system (although not for general elections)

Allowed the Welsh assembly turn itself into a Parliament, giving it limited law-making functions

Question 16

Wales
Further devolution
Allowed Wales to gain power over?

Answer 16

Increased power over public services

Question 17

The election of mayors in cities and regions

Answer 17

From 2017 onwards, six cities and regions elected mayors with varying degrees of independent power, such as over planning, transport, housing and policing.

+ The most prominent region was the Greater Manchester Combined
Authority.

Question 18

Positive impacts of further devolution

Answer 18

In Scotland, it was hoped that increasing the power of the Scottish Parliament would limit the appeal of Scottish independence. Those who take this view argue that Scotland now has the most powerful sub-national government in Europe.
Scottish nationalists still believe that the additional powers granted to Scotland following the Scottish independence referendum in 2014 do not go far enough. They say that Scotland should have complete control over setting its own interest rates.

In Wales, devolution has been more evolutionary in nature, as support for the creation of the Welsh Assembly was initially limited. However, over time Wales has been granted more power in line with increased support for the devolved arrangements.
The powers of the devolved bodies are still subject to approval by Westminster. For example, despite demands to devolve policing and justice to Wales, the UK government declined.

The newly elected mayors in England have ensured better representation for their regions and cities. For example, the mayor of Greater Manchester, Andy Burnham, drew attention to the lack of consultation with regional authorities by the government during the Covid-19 pandemic.

Question 19

Negative impact of further devolution.

Answer 19

Scottish nationalists still believe that the additional powers granted to Scotland following the Scottish independence referendum in 2014 do not go far enough. They say that Scotland should have complete control over setting its own interest rates.

The powers of the devolved bodies are still subject to approval by Westminster. For example, despite demands to devolve policing and justice to Wales, the UK government declined.

Critics argue that these mayors have received limited powers. In October 2020, Greater Manchester was placed into a higher tier of lockdown restrictions regardless of what its mayor had called for.
Large parts of England remain highly centralised.

Question 20

Recall of MPs Act 2015

Answer 20

This law gives constituents the power to order their MP to face a by-election if they have been found guilty of serious misconduct.

Question 21

Process of recalling an MP

Answer 21

If an MP is convicted of a criminal offence, or produces false expenses claims, or is suspended from the House of Commons, then the Speaker of the House can recommend a recall petition.

Then

To go forward, 10% of registered voters in the MP’s constituency must sign a ‘recall’ petition

Then

There is then a by-election whereby voters decide upon a new MP

Question 22

Positive aspects of the Recall Of MPs Act 2015

Answer 22

The Act aims to punish illegal or inappropriate actions while making it difficult to remove an MP for simply speaking their mind, therefore respecting the views of the electorate at the previous election.

The Act is being used appropriately and as it was intended.
Example: Labour MP Fiona Onasanya lost her seat after the Speaker agreed to trigger a recall petition in March 2019, following the rejection of her appeal against her conviction for perverting the course of justice.

Question 23

Negative aspects of the Recall Of MPs Across 2015

Answer 23

A recall attempt does not guarantee that corruption or wrongdoing will be punished. Example: Despite his suspension from Parliament over his failure to declare hospitality received from the Sri Lankan government, lan Paisley Jr did not have to face a by-election in his South Antrim constituency because the recall petition failed to garner enough signatures.

The ‘recalled’ MP can still stand in the subsequent by-election. Example: Conservative MP Chris Davies stood in the Brecon and Radnorshire by-election in August 2019 despite being recalled after falsifying expenses claims.

Question 24

Why can recall elections be seen as an important development in direct democracy ?

Answer 24

The petition element of the recall procedure involves citizens in decision making - in this case the decision on whether to force a by-election.

Therefore, recall elections can be seen as an important development in direct democracy.

Question 25

West Lothian question

Answer 25

Refers to the dilemma posed by the devolution process, now that the UK Parliament addresses issues that are predominantly English in nature. It questions the involvement of non-English MPs in deciding these issues.

Question 26

EVEL 2015

Answer 26

+ A new parliamentary procedure was introduced whereby MPs representing Welsh, Scottish and Northern Ireland seats will not debate or vote on issues affecting only England .

+ It was an attempt to address the West Lothian question following devolution.

+ The new procedures were used for the first time in January 2016 when
Scottish MPs were barred from voting on the Housing Bill.

Question 27

Positive aspects of EVEL

Answer 27

Proponents argue that it strikes the right balance by ensuring continued representation in Westminster for all UK citizens, while tackling the unfairness of the West Lothian question.

Question 28

Negative aspects of EVEL

Answer 28

All MPs are still allowed a vote on the final reading of the bill, so in theory non-English MPs can still prevent a bill deemed English in nature from passing. Critics argue that the SNP did just this when it voted to oppose the loosening of Sunday trading laws in England.

EVEL gave the ruling Conservatives an unfair advantage since it won a majority of English seats at the 2015, 2017 and 2019 general elections. Thus EVEL can allow a government to increase its dominance of Parliament.

Question 29

The EU withdrawal agreement Act 2020

Answer 29

+ This law confirmed the UK’s withdrawal from the EU from 1 February
2020.

+ It allowed for a transition period whereby the UK would continue to participate in a number of EU programmes until the end of 2021.

Question 30

What did the EU Act 2020 guarantee?

Answer 30

It guaranteed the right of EU citizens living in the UK to stay in the
country.

It included special provisions for Northern Ireland to avoid a ‘hard border’ with the Republic of Ireland.

Question 31

Positive aspects of the EU withdrawal agreement act 2020

Answer 31

The law respected the decision taken by the electorate in the EU referendum in 2016. It was given greater legitimacy by the Conservative Party’s commanding victory in the 2019 general election, where the party had campaigned to ‘get Brexit done’.

The issue of Northern Ireland and the potential disruption to trade with the Republic of Ireland has been addressed, with Northern Ireland continuing to enforce EU rules on goods.

The transition period allowed for the UK and the EU to prepare properly for the UKs departure from the EU single market, as well as from programmes relating to police cooperation and other matters.

Question 32

Negative aspects of the EU withdrawal agreement act 2020

Answer 32

The passing of the Act may have been a victory for those who voted Leave, but it did little to bring the country together. Brexit remains a highly divisive issue and critics argue that the Act had few areas of compromise that would satisfy those who voted to remain.

There now appears to be a completely different set of trading arrangements for one part of the UK compared with all the others. Not a single Northern Irish MP voted for the law.

The Act essentially put off most of the difficult decisions regarding the UK’s future relationship with the EU, specifically the future trading relationship.