UK Government - Constitutional Changes 1997-Present

Question 1

Constitutional Changes - Tony Blair (1997-2007)

Answer 1

Key Constitutional Changes:

• In 1994 Blair promised ‘The biggest programme of change to democracy ever proposed.’
• Elected by a landslide in 1997; has the ability of majority.
• 12 constitutional bills were proposed in the first parliamentary session

Main themes:

• Modernisation of political institutions such as the House of Lords and the top rung of the judiciary.
• Greater democracy in the political system - elected mayors, referendums, some electoral reform.
• Devolution of many powers away from the centre (Westminster) and distributed to regions such as Wales, Scotland, Northern Ireland.
• An emphasis on human rights, especially those of minority groups.

Question 2

Constitutional Changes - David Cameron (2010-2016)

Answer 2

Key Constitutional Changes:

• Cameron led a coalition government (with Lib Dems) between 2010-2016; has to moderate his policies to be more central to allow the Lib Dems to agree, and it also meant they had to introduce some Lib Dem policy
• He pursued a more modest programme of constitutional changes.

Main themes:

• A referendum on replacing the electoral system for general elections.
• Limiting the power of the PM to dissolve parliament.
• Increasing the powers of the devolved administrations in Scotland and Wales.

Question 3

What is the difference between a Bill and an Act?

Answer 3

• A Bill is not an Act of Parliament.
• A Bill is a proposal to change the law which becomes an Act if it is approved by the House of Commons and the House of Lords, and is formally agreed to by the reigning monarch (known as the Royal Assent).
• An Act of Parliament is a law, enforced in all areas of the UK where it is applicable
• Bills are usually introduced by the government as part of their manifesto, but Private Member Bills can also be introduced, which are usual ethical or social bills introduced by a single MP
• Bills are introduced, then they are discussed and debated, before being examined closely and the amendments are suggested; both HoP must agree on the Bill, and then royal assent will confirm the bill as a law, and it becomes an Act of Parliament

Question 4

The Modernisation of Political Institutions Acts

Answer 4

House of Lords Act 1999:
- Tony Blair - Labour Government
- Removed from the Lords all but 92 hereditary peers and allowed for the introduction of more nominated life peers, including so-called ‘people’s peers’
Did not allow for elected members of Lords

Constitutional Reform Act 2005:

• Tony Blair -Labour Government
• Created a separate Supreme Court, which became the highest court in the land
• Replaced the Law Lords, who sat in the HoL, and so generated a greater sense of judicial independence
• Further separated powers

House of Lords Reform Bill 2012:

• David Cameron - Conservative Government
• Proposed a reformed Lords should compromise of 80% elected members and 20% nominated, removing hereditary peers completely
• However, the Bill was abandoned after 91 Conservative backbenchers voted against it

Question 5

The Modernisation of Political Institutions Acts 2

Answer 5

Succession to the Crown Act 2013:
- David Cameron - Conservative Government
- Enabled the eldest child of the monarch to ascend to the throne irrespective of gender
- Only applied to children born after October 2011
It allowed an heir who married a Roman Catholic to also retain their right to succession

House of Lords Reform Act 2014:

• David Cameron - Conservative Government
• Gave existing peers the right to resin or retire from their seats in the Lords, as well as enabling the removal of peers convicted of serious criminals offences or non-attendance
• By early 2020, six peers have been removed for non-attendance including Wolfson, and 106 have retired including Lord Lloyd Webber who left in 2017

Question 6

Devolution Acts

Answer 6

Scotland Act 1998 - Wales Act 1998 - Northern Ireland Act 1998

• Tony Blair - Labour Government
• Set up elected / devolved assemblies / parliaments in these countries
• Further powers were transferred in subsequent Acts, including to both Scotland and Wales in 2006, and to Scotland in 2016 and Wales in 2017
• In November 2004, a regional referendum was held in the north-east of England on the creation of an elected regional assembly - the proposal was however rejected in a 78-22% split against the proposal

Question 7

Human Rights Acts

Answer 7

Human Rights Act 1998:

• Tony Blair - Labour Government
• Incorporated the European Convention on Human Rights into UK law
• Enables UK courts to take the ECHR into account when judging cases involving human rights, therefore sharply reducing the number of cases referred to the European Court of Human Rights in Strasbourg

Freedom of Information Act 2000:

• Tony Blair - Labour Government
• Gave individuals greater access to information held by public bodies including local and national government

Equality Act 2010:

• David Cameron - Conservative Government
• Brought together around 116 million individual measures into a single Act to combat discrimination and promote a fairer society - among the areas and characteristics protected were race, gender, disability and sexual orientation

Question 8

Human Rights Acts 2

Answer 8

Protection of Freedoms Act 2012:

• David Cameron - Conservative Government
• Offered citizens greater protection from the state by enhancing scrutiny of the security services, including MI5 and MI6

Data Protection Act 2018:

• Boris Johnson - Conservative Government
• This is the UK government’s implementation of the General Data PRotection Regulation (GDPR) - all EU member states were obliged to implement these regulations, which placed strict controls on the handling and saving of all personal data by both government and private bodies including businesses, schools and local councils
• Intended to enhance citizen’s rights to personal privacy over their personal details

Question 9

Greater Democracy Acts

Answer 9

Referendums Act 1997 (Scotland & Wales):

• Tony Blair - Labour Government
• Allowed referendums to be held in Scotland and Wales over the creation of devolved assemblies
• ‘Yes’ votes in both countries, a slim victory in Wales, meant devolution of power could take place

Greater London Authority Act 1999:

• Tony Blair - Labour Government
• Allowed for the setting up of a directly elected mayor for London
• The Local Government Act 2000 contained provisions for elected mayors in other cities following local referendums

European Parliamentary Elections Act 1999:

• Tony Blair - Labour Government
• Changed the electoral system for European Parliament elections in England, Wales and Scotland from first-past the post to a form of proportional representation - the regional closed list system
• Regional closed list system - voters choose parties, not candidates, and the parties rank candidates on where they appear on the voting list

Question 10

Greater Democracy Acts 2

Answer 10

Police Reform & Social Responsibility Act 2011:

• David Cameron - Conservative Government
• Allowed for the direct election of Police and Crime commissioners - first ones happened in 2012

Fixed-term Parliaments Act 2011:

• David Cameron - Conservative Government
• Required the PM to secure the support of at least two thirds of MPs to call an early general election, instead of doing it unilaterally
• A national referendum was held in May 2011 to change the electoral system for Westminster to the alternative vote in place of first past the post, with the move being defeated by a margin of 68-32%

Extra Bill -
A national referendum was held in May 2011 to change the electoral system for Westminster to the alternative vote in place of first past the post, with the move being defeated by a margin of 68-32%

Question 11

Evaluating Constitutional Changes - Strengths of modernisation of political systems

Answer 11

The House of Lords
The House of Lords has undergone a substantial transformation since 1997. It is smaller, more diverse and far less Conservative dominated, and it is now easier to remove peers for misconduct or non attendance.

The Supreme Court
The creation of the Supreme Court has enabled a clear separation between the executive and judiciary and gives it a sense of corporate identity and higher public profile. It has remained politically neutral and apolitical, unlike its US counterpart.

The Royal Family
The notion of gender equality has reached even the traditions of the royal family with the alteration of the line of royal succession to allow a first born female child to inherit the throne.

Question 12

Evaluating Constitutional Changes - Weaknesses of modernisation of political systems

Answer 12

The House of Lords
Reform of the House of Lords remains incomplete and unfinished. Attempts to build upon the 1998 measure, most notably in 2012, have come to nothing. The UK remains virtually unique in the democratic world in having an entirely unelected second chamber.

The Supreme Court
The creation of an independent Supreme Court has arguably led to too much power residing with unelected and unaccountable Justice’s and has therefore undermined Parliament.

The Royal Family
In regard to the Royal family, the alteration of the line of royal succession is a very minor tweak. It still remains illegal for the monarch to be Roman Catholic.

Question 13

Evaluating Constitutional Changes - Strengths of democratisation

Answer 13

• There is greater autonomy in some large cities, and the post of Mayor of London has attracted high-profile incumbents such as Ken Livingstone, Sadiq Khan and Boris Johnson. Several other cities have also embraced the idea, with prominent Labour politician Andy Burnham elected as mayor of Greater Manchester in 2017.
• The reform of European Parliament elections has over the years enabled a greater variety of parties to be represented, including UKIP/Brexit party and the BNP, along with proportionately more Greens and Liberal Democrats.
• The Direct election of police and crime commissioners (PCCs) has also enhanced opportunities for political participation in local democracy.

Question 14

Evaluating Constitutional Changes - Weaknesses of democratisation

Answer 14

• While the Mayor of London may be considered a successful reform, in the regions the picture is much more mixed. Where referendums have been held on whether or not to establish mayoral elections, the majority of cities have rejected the proposal. In 2016, Torbay even voted to get rid of the position of elected mayor having approved it in 2005. Turnout in many mayoral referendums and PCC elections has often been poor even by local government election standards. Just 15% of the electorate voted to retain Middlesbrough’s elected mayor in 2013 and an even more meagre 11.6% turned out in 2012 to elect the PCC for Staffordshire, although this number did almost double for the 2016 election.
• Lack of Enthusiasm for reform of the voting system for national elections is shown by the outcome of the 2011 alternative vote referendum.
• The provisions of the FTPA were easily overcome in both 2017 and 2019 to bring about early general elections.

Question 15

Evaluating Constitutional Changes - Strengths of human rights changes

Answer 15

• The renewed emphasis on, and landmark legislation in, the area of human rights has increased awareness and visibility of rights, especially those of minority groups.
  Laws concerning privacy and access to information have also enhanced the rights of everyone and made public bodies and other powerful institutions such as employers more accountable and responsible for the information they hold.
• The important role of the UK Supreme Court in interpreting this legislation has increased protection of citizens rights.

Question 16

Evaluating Constitutional Changes - Weaknesses of human rights changes

Answer 16

• It could be argued that the expansion of rights has led not only to the rise of ‘identity politics’ but also to a clash between individual and collective rights.
• The growing role of the courts in human rights cases has led to much controversy, for example when the Supreme Court ruled aspects of anti-terror legislation (such as the freezing of the assets of suspected terrorists in 2010) incompatible with the Human Rights Act.
• With regard to the Freedom of Information Act many requests for information are declined for various reasons.

Question 17

Evaluating Constitutional Changes - Strengths of devolution

Answer 17

• Devolution has worked well especially in Scotland and Wales, and the number of powers devolved has increased.
• Popular support for devolution has also increased. Originally in 1997 Wales backed the plan by the slimmest of margins; 50.3% - 49.7%. Another vote in 2011 to expand law-making powers was backed by 63.5% of voters.
  Some argue that it was only a devolved parliament that stopped Scotland backing full separation from the UK in the 2014 independence referendum.
• In Northern Ireland, the devolution process, although more problematic, has helped to end the violent period known as ‘The Troubles’.

Question 18

Evaluating Constitutional Changes - Weaknesses of devolution

Answer 18

• Devolution has not succeeded everywhere. In Northern Ireland policy disagreements and a scandal over a failed renewable energy scheme that the Assembly was suspended between January 2017 and January 2020.
• Support for devolution in England itself has not increased. A 2004 proposal to create a North East regional assembly was emphatically rejected by 78% of voters.

Question 19

How are human rights protected in the UK and how does this contrast with the US?

Answer 19

• In the US, rights are entrenched in the Constitution; in the UK, the vast majority of human rights are protected by the ECHR, European Convention of Human Rights and the Human Rights Act of 1998
• In theory, the last one can be replaced by Parliament as it is a statute law, and with the British exit from the EU, we can now withdraw from the ECHR
• Many Conservatives in particular have argued a withdrawal from the ECHR and create a British version instead, but any attempt to do so would create political and legal opposition

Question 20

2012 British Academy Report

Answer 20

• States that from 1996 to 2010 there had been around 14,460 applicants by UK citizens to the ECHR in Strasbourg, but only 1.3% of cases were found by the UK government to breach the convention
• Admittedly, some of these cases concerned the major issue of voting rights for prisoners - this became a massive point of contention, with many believing that by committing a crime you lose entitlement to rights such as these, and this contributed to Brexit debate
• Therefore, it can be said that UK citizens’ rights on the whole are relatively well protected under the uncodified constitution relying largely upon statute law and its ties European bodies - the UK government adheres to the ECHR well

Question 21

What is the ECHR?

Answer 21

• Not directly linked to the EU an was drawn up in 1950 by a completely separate body, the Council of Europe
• However, all members of the EU must also be members of the Council of Europe and so must sign up to the ECHR, and so Britain has the choice to withdraw once they are completely separated from the EU
• Notably, the only members of the EU who aren’t members of the Council of Europe are the Vatican City and Belarus

Question 22

Human Rights - the role of ECHR

Answer 22

• There is no accepted definition of human rights, and so it is hard to categorise and protect them officially worldwide - it is a difficult issue as a result

ECHR - has three roles under the BC

• Individuals can petition the ECHR in Strasbourg, alleging state violation of their rights under the convention and they will receive compensation or the law will be required to be changed - the decisions of the ECHR are binding only in international law and have no direct effect on domestic law; this is unlike the EU’s court of justice, where decisions are binding at domestic level
• As a treaty, the convention should be taken into account by domestic courts when interpreting statutes, and argued common law should be developed and reformed in light of the convention coming into effect
  2) Example - A-G v Guardian Newspaper Ltd 1998
• The Human Rights Act 1998 incorporates the main rights listed in the Convention into UK law (without incorporating the ECHR into law) and provides a special mechanism for applying them - points 1 and 2 are unaffected by the Act
  1) In R v Secretary of State 2007, Lord Bingham pointed out rights under the convention created by the HRA by reference of convention - the case can be heard in the UK

Question 23

What is the function of the Human Rights Act (1998)?

Answer 23

• It gives rights drawn from the ECHR
• All legislation must be interpreted in accordance with the convention rights and the Act provides remedies enforceable in the courts against Public authorities who violate convention rights
• The Act does not include Article 1 or 13 of the Convention, and does not override parliamentary sovereignty
• Where primary legislation is incompatible with the HRA, the court can draw attention to it by declaring incompatibility
• There is a fast track procedure available in special circumstances to enable amendments so legislation can be made
• The HRA can be directly enforced only against public authorities and by a victim defined in accordance with the case law of the European Court
• The HRA does not override parliamentary sovereignty, and only has political authority rather than legal authority, which brings into question the distinction between the two
• Parliament is able to override the HRA as part of its legal authority and pass legislation incompatible with it, but this would have dire political consequences and so Parliament mostly is kept in line with the HRA’s political authority

Question 24

HRA Articles

Answer 24

Article 1 - Commits all signatures to protecting the rights included in the Convention
Article 2 - protects right to life
Article 3 - prohibits torture and degrading or inhuman treatment
Article 4 - outlaws slavery and involuntary servitude
Article 5 - secures liberty and security of the individual against arbitrary arrest and imprisonment
Article 6 - guarantee fair trial
Article 7 - prevents legislation that criminalises acts retrospectively
Article 8 - pronounces respect for the individuals private and family life
Article 9 - freedom of thought, consciousness and religion
Article 10 - freedom of expression
Article 11 - right of assembly
Article 12 - freedom of men and women to marry and start a family

Question 25

Early HRA case studies

Answer 25

• James Bulger case - lifetime ban was placed on revealing the new identities of Jon Venables and Thompson, as a revelation of their identity would risk their right to life (Article 2)
• Treatment of mental patients - a paranoid, schizophrenic murderer needed to prove he was not mentally ill according to the Mental Health Act, and so the burden of proof was shifted to the prosecutors who had to prove he was, and this violated articles 5 and 6 of the act - burden was not on the defense to prove he didn’t commit the crime, and so the prosecution has to prove he did

Question 26

The FOIA 2000

Answer 26

• New labour manifesto included a specific commitment to introduce this legislation (1997)
• Came into force on the 1st January 2005
• Impacts; most early requests under the act came from the media, looking for information to tie up loose ends, and the MP scandal in 2009 over their expenses
• Very little requests were made for information, and now the act is a method of uncovering scandals and solving earlier cases

Question 27

How well does the British Constitution protect rights? - Strengths

Answer 27

• The UK’s constitutional culture values civil liberties. There is formal support for human rights by the government.
• Every parliamentary act passed in the UK contains a declaration that the act complies with the Human Rights Act 1998.
• The Human Rights Act incorporates the European Convention on Human Rights into UK law.
• The UK has a relatively strong institutional framework for protecting rights, which extends beyond the courts, including the Equalities and Human Rights Commission, which often brings cases under the Equality Act 2010.
• Current legislation provides a strong legal protection for core rights via the interlinked Human Rights Act and the European Convention on Human Rights.

Question 28

How well does the British Constitution protect rights? - Weaknesses

Answer 28

• Little political consensus exists between the parties as to the actual substance of Human Rights guarantees.
• Brexit has removed the safety net for certain non-discrimination, migrant and labour rights formally provided by EU Law.
• Social and economic rights, for example to receive appropriate healthcare, are seen by some as poorly established and weakly protected.
• International human rights law has had a very limited impact in practice on government policy.
• European judgements that go against UK policies regularly spark media attacks on the European Court of Human Rights or more frequently nowadays, UK courts.
• UK government’s have been repeatedly able to introduce and pass legislation diluting rights protections, especially in areas like national security with recent anti-terror laws, and measures that seek to reform immigration and entitlement to social benefits and housing.
• The existing framework of UK legal rights protection (based on the HRA and ECHR) is vulnerable to political attack, with Conservative calls for a ‘British Bill of Rights’.

Question 29

What are collective and individual rights?

Answer 29

• Citizens rights can be categorised as collective or individual
• Individual rights - the rights held by individual citizens, such as the right to a fair trial and the right to not face discrimination
• Collective rights - rights belonging to groups ranging from formally organised groups such as trade unions, those that are faith based, or those reflecting a certain characteristic
• Collective rights can also be applied to the population as a whole, such as the right to protection from acts of terrorism and the safeguarding of national security

Question 30

A summary of Human Rights Conflicts

Answer 30

• Two categories of rights continuously clash, and the outcomes follow no particular pattern in times of which set rights usually prevail; these contrasting case studies resulted in a victory for both collective over individual rights and vice versa
• In addition, several clauses of anti-terror legislation designed to protect the collective right of public safety have been successfully challenged in the courts
• An example of this is was in 2004, the courts ruled that indefinite detention of suspected terrorists broke human rights laws, seemingly favouring individual rights to a fair trial over collective rights to protection from terrorist outrages
• Much depends on the individual context, the interpretation of the judges and public opinion - the latter can often persuade the government to pass legislation to tilt the balance of rights
• However, there are times when the conflict can also be between competing sets of either individual or collective rights within each category, and so the issue of citizens rights is dynamic, rather than a fixed aspect of the British Constitution