4July
Afternoon Constitutional
Prochain ancien British prime minister Mr. Gordon Brown has proposed a dozen constitutional reforms, with the aim of transferring to parliament many of the duties reserved to the crown. Or, as Mr. Brown put it, to hold power more accountable and to uphold and enhance the rights and responsibilities of the citizen. The twelve changes are:
- The Government will consult on a resolution to guarantee that on the grave issue of peace and war it is ultimately this House of Commons that will make the decision. Until the 2003 invasion of Iraq, the Commons had never voted on a resolution to authorise a war before it had begun, merely to legitimise it after the fact. Mr. Brown's proposal will codify a commitment made by his immediate predecessor.
- To put onto a statutory footing Parliament's right to ratify new international treaties. Some treaties, most famously the Maastricht treaty of 1992, have been the subject of lengthy debate after signing. Others have been implemented without any debate at all. Mr. Brown's proposal will ensure there is a debate, however circumscribed.
- This House of Commons would have to approve a resolution for any dissolution of Parliament requested by the Prime Minister. Though nominally removing the right of the prime minister to name the date of an election, it's hard to envisage circumstances in which the Commons would ever refuse such a request. However, it would remove the possibility of an outgoing prime minister asking the monarch to dissolve parliament, then submitting his own resignation.
- While at present members of Parliament cannot decide whether the House should be recalled, for the first time a majority of Members - and not just the Prime Minister - should have that right. Gordon Brown, bringing something far more exciting than repeats of Evidence to the Treasury Select Committee on BBC Parliament over the summer.
- I propose pre-appointment hearings for public officials whose role it is to protect the public's rights and interests, and for whom there is not currently independent scrutiny. It's adding a little work to the select committees, but isn't going to change a tremendous amount.
- The Government will regularly publish, for Parliamentary debate and public scrutiny, our national security strategy setting out for the British people the threats we face and the objectives we pursue. A welcome idea, as it allows independent scrutiny of the lies and misinformation regularly peddled by MI5, MI6, and A38(M).
- Establishment does not, however, justify the Prime Minister influencing senior church appointments, including bishops. Disestablishment this way, even though Mr. Brown proudly trumpeted his antidisestablishmentarianist credentials.
- The Government should consider relinquishing its residual role in the appointment of judges. Separation of church and state, separation of judiciary and executive.
- The Attorney General has decided, except if the law or national security requires it, not to make key prosecution decisions in individual criminal cases. This wouldn't have stopped Peter Goldsmith from trampling on the prosecution of British Aerospace for sending bribes to Saudi Arabia.
- The core principles governing the civil service will no longer be set at the discretion of the executive but will be legislated by Parliament. And about time too.
- The frameworks for granting pardons and for issuing and withdrawing passports should also be set not by Government but by Parliament. Again, minor reforms, well past due.
In practice, nothing of this will make a tremendous amount of difference - we can expect closure motions, use of the guillotine, and plenty of whipping to ensure that the decision the PM would have taken will now be rubber-stamped by Parliament. Where could be embarrassment for the PM? Recalls of parliament, perhaps some of these pre-appointment hearings as and when they expose a weak candidate. Opening up the intelligence strategy is, potentially, a large can of worms.
Other points in Mr. Brown's statement:
- A pre-Throne Speech each summer.
- A statement this month on reform of Lord's.
- A review of the relationship between national and local government.
- A review of various voting system reforms introduced since 1997.
- Discussion and debate on legislation flowing from the EU amending treaty agreed in Brussels last month.
- Committees for each region, and a question time for regional ministers.
- No chance of an English parliament, where Scottish and Welsh MPs do not vote on matters affecting England only. This pig-headedness will actually risk the Union far more than allowing the EP.
- Consider holding votes at week-ends.
- Allowing sexual discrimination when preparing candidate lists.
- Rescinding the law prohibiting demonstrations within 1km of Parliament.
- Four proposals ostensibly designed to increase the accountability of local councils that are already sailing into the long grass.
