Archive for the ‘Constitutional Reform’ Category

Compulsory civic service

Monday, December 7th, 2009

James Crabtree writes a long article, which is worth reading, following up on his idea of compulsory civic service in the light of recent work by DEMOS.

I have a few philosophical problems with the idea of compulsory civic service, not least the idea that it is the State’s responsibility actively to define what its citizens should do, rather than to prohibit what they ought not to do.

That said, James’s piece makes me a little better-disposed to the proposal, not least because it sites it within the liberal republican tradition (the idea, not to be too wonkish) that this service is part of a range of obligations the citizen has to the political community to which he belongs, as in Switzerland, the Italian city-state republics, and so on.

There is still a problem for me, though, in the idea of compulsion. Are we really going to force people to undertake this service and send them to prison if they don’t? After all, a fine would just be used by the well-off to ‘buy out’ of six months when they could be working in the City or bumming round Europe on Daddy’s millions.

Perhaps an alternative approach might be – in the civic republican tradition – to prevent people from taking up their civic rights of voting, participating in juries, etc., until they had completed the service. Given the level of political disengagement, though, how many people would just not bother?

Brighton's openish primary

Wednesday, November 11th, 2009

According to the local paper, the promised open primary in marginal Brighton Pavilion will require voters to turn up in person.

Presumably put off by the high cost of the postal ballot used in Totnes, the Tories have hired a room in a seafront hotel, where (if you book in advance) residents of Pavilion constituency can turn up and choose between six potential candidates.

Cost reasons aside, I’m a bit surprised that the Tories are turning down the free publicity they would get for running a higher-profile race in the city. The open hustings (as they should be called) are taking place a week today – no time for the media to publicise and examine the candidates, and so no time for the winner to establish a public profile.

It does raise the question for me of what ‘open primary’ really means. I doubt that many people who aren’t Conservatives will drag themselves down to the seafront on a windy November night. It’s not likely that even 1% of the 80,000 Pavilion voters will turn out – so in what way, other than purely technically, is it open?

Lock, stock

Wednesday, November 4th, 2009

David Cameron has promised a new “referendum lock” – a piece of legislation that will require referendums to be held under certain circumstances. Here’s the relevant extract from his speech:

Never again should it be possible for a British government to transfer power to the EU without the say of the British people. If we win the next election, we will amend the European Communities Act 1972 to prohibit, by law, the transfer of power to the EU without a referendum. And that will cover not just any future treaties like Lisbon, but any future attempt to take Britain into the euro. We will give the British people a referendum lock to which only they should hold the key – a commitment very similar to that in Ireland. This is a major constitutional development. But I believe it is now the only way to reassure the British people that powers cannot be given away without their explicit approval in a referendum.

I would be interested to see how this works. There are a few big questions:

1. What does “transfer of power” mean? Does it cover, for instance, the implementation of a directive that creates a European Food Safety Agency with certain powers – removing some powers from member states? If so, we will be having referendums on a pretty regular basis. Or does it mean (more likely) a treaty change whereby a new competence is given to the EU? If that’s the case, there may not be a referendum for another ten or twenty years.

2. What if there is a difference of opinion over whether something is a transfer of power or not (say, for example, the use of the Lisbon treaty’s self-amendment clauses)? Who decides – presumably Parliament.

3. Surely Ireland isn’t a great example of a country where the referendum lock is used, since (a) it’s part of a written constitution and (b) the Irish Government – not just bad nasty bureaucrats – campaigns for a yes vote every time and gives the yes side a do-over if the first answer is ‘no’. There’s nothing to suggest that wouldn’t happen here – the Government would have negotiated the treaty after all, so why would they campaign against the deal they struck themselves?

E-spending

Wednesday, October 28th, 2009

Liz Azyan picks up on some questions about e-petitions that were asked at the Local Democracy Blog by Paul a couple of months back. She doesn’t mention the fascinating word cloud that accompanies her article, called “E-petition verbs”.

The biggest words are, on a quick skim, “prevent, save, reimburse, make, oppose, charge and introduce”. With my local government head on, all of those words, except charge, are “spend” words. Save this thing the council want to close, introduce a new service, put more bobbies on the beat to prevent crime.

I don’t have a problem with people saying that they want the council to spend more money – people do that all the time. It’s just very likely that the appeals to spend more money will push for higher and higher spending at a time when there’s less money than ever for doing new things.

Easier petitioning means councils will need to get (even) better at saying no.

Sidebar: Interesting research project for someone: take the most recent 100 petitions on the Number 10 website, and work out the net cost of accepting them.

Hello, Local Democracy Act

Wednesday, October 14th, 2009

The Local Democracy Bill has become law, with Royal Assent today. Take a look at the Hansard for the Third Reading, summing up the Bill’s purpose, the Commons Library Research Note on the Bill. The final version of the Act will be available in the next few days at Parliament.uk.

What is a post-bureaucratic state?

Friday, October 9th, 2009

I can’t do better than to point you both to Will Davies’s excellent post on the nature of the Conservatives’ “post-bureaucratic state”, and Paul Evans’s response, which adds the concept of democratic legitimacy through widening political participation.

Run the shop? No thanks, mate

Thursday, October 8th, 2009

Busy busy busy so no time to blog, but I did spot this article from the Local Government Chronicle. The Conservatives are proposing that elected mayors in England should be allowed to delete the office of Chief Executive in their authorities, and run the show administratively themselves. It seems, though, that even the people who stand to gain more power from the move aren’t convinced. The LGC asked half the serving elected mayors whether they’d want to make use of the power, and not one of those polled said yes.

Selling the plans as part of a “stop town hall waste” policy, the Tories said an “executive mayor” would “take over the role of the chief executive, giving them genuine hands-on power to hire and fire staff, determine the councils’ operational practices and direct local authority spending”.

But the proposal to merge the roles failed to gain traction with mayors, even among some Conservatives. Torbay Council mayor Nick Bye (Con) said: “I doubt if a political mayor would have the skills or knowledge to ‘run the shop’ as well as doing all the decision making and undertaking the community leadership and public roles.”

Fifty-one days

Monday, September 14th, 2009

The fixed-term Parliaments idea is around again, which is rather a shame. Fixed-term parliaments are the concession-that’s-not-a-concession of reform, the democratic renewal equivalent of telling your spouse “I’m sorry that you’re angry”.

Astonishingly, people take great umbrage at the existence of this power. Here’s Anthony Barnett on the topic (in relation to Henry Porter’s new civil-liberties novel, The Dying Light):

There is a small dark power that haunts this land. The power of the Prime Minister to call an election at his own timing, manipulating events in the interests of accumulating and continuing a personal influence that is rooted in kingship not democracy.

The importance of the power to call elections is minimal at best – more Casper the friendly ghost than a dark power haunting the land. Hadleigh Roberts makes the obvious case that fixing it won’t fix politics. I would argue that it won’t even make much difference to the length of Parliaments.

As the Canadians know and the Germans found out, any fixed-term Parliament needs a get-out clause for situations like February 1974, where a Parliament is hung and can’t transact business. Let’s take out of the equation, therefore, those elections where Parliaments were elected with majorities of ten or lower.

In the other elections since 1945, the most common length of a Parliament has been about four years. In fact, it has been just over – four years and five months.

All the outliers in terms of parliamentary terms have been on the long side, not the short. John Major in 1997 – five years. Gordon Brown now – likely to be five years.

Can you spot the similarity? Prime Ministers who make use of their electoral discretion are not monarchical dictators warping the will of the people, they are condemned men delaying the execution date in the vain hope of a reprieve.

If you look at the terms of successful Parliaments – ones where the governing party were returned to power – since 1945 they average four years and fifty-one days. So this reform would shorten the length of successful PM’s Parliaments by just over seven weeks. Do we not have more important things to do?

Calling it in Canada

Thursday, September 10th, 2009

In this story on the Canwest news wire, the constitutional contrasts even between colony and mother country become apparent.

Advocacy group Democracy Watch is suing the Prime Minister for calling a snap election for the wrong reasons.

Democracy Watch lawyer Peter Rosenthal argued Tuesday that a plain reading of the legislation governing election dates combined with comments made by Conservative MP Rob Nicholson, who was justice minister at the time of the bill’s introduction, support his contention that Harper should not have been able to ask Gov. Gen. Michaelle Jean to dissolve Parliament, as he did last September.

Democracy Watch get the PR line both ways – if they win, Harper broke his own law. If they lose, Harper’s own law doesn’t fulfil its promised purpose of fixing election dates.

Distant friends, close strangers

Friday, July 31st, 2009

I was going to write a piece about the Tory primary in Totnes, and how that and the proposals for a live television debate between Cameron and Brown showed that the political class in the UK are obsessed with the US political system to the complete exclusion of much more similar political arrangements in Europe. But Mark Lawson did it for me.