Isabella Carter
The UK's constitution has undergone significant changes since 1997, with Tony Blair's 'New Labour' government implementing a series of reforms that altered how public power is allocated and exercised. These reforms included devolution of powers to Scotland, Wales, and Northern Ireland, modernisation of judicial appointments, and the creation of a new apex court. However, these changes have also created difficulties and complexities, with ongoing debates about their effectiveness and the need for further reform. The UK's constitution remains a living object, subject to constant change, and the challenges it faces are further exacerbated by a loss of trust in politicians and the political process, as well as persistent demands for Scottish independence and a need for a more unified Northern Ireland.
| Characteristics | Values |
|---|---|
| Devolution | Scotland, Wales, Northern Ireland, and England |
| House of Lords Reform | Removal of hereditary peers; appointment based on merit and specialist knowledge |
| Electoral Reform | Simplifying voter registration |
| Human Rights Act | Protection of citizens' rights |
| Freedom of Information Act | Enhancing judicial neutrality and independence |
| Party Funding Reform | Capping individual donations, political campaign spending, and increasing state funding |
| Regional Government | Increased powers to city regions with elected mayors |
| Supreme Court | Increased independence of the judiciary |
| Fixed-term Parliaments | 5-year Fixed-Term Parliament Act |
| Referendums | Increased use of referendums |
| Recall of MPs | Mechanism for recalling MPs |
| E-petitions | Online petitions considered for debate with 100,000 signatures |
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What You'll Learn
The House of Lords
However, the House of Lords remains unelected and largely untroubled by the democratic process. There are still hereditary peers, and party leaders continue to make political appointments. The Liberal Democrats, for example, have been able to cast deciding votes due to their high level of cohesion.
While there is agreement that further reform is necessary, there are differing opinions on how to achieve it, particularly regarding the mode of designation of members (appointment or election). The House of Lords has become more assertive and has taken on a valuable role in preserving individual freedoms and scrutinising the constitutional implications of proposed legislation.
The UK's constitutional reform efforts since 1997 have been characterised as erratic and lacking in coherence. There is a resistance to taking an enduring approach, and even major constitutional decisions can be driven by narrow party interests. The political culture and infrastructure are not well-equipped for effective constitutional reform, and there is a need for increased self-reflection and external scrutiny in the process.
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Devolution to Scotland, Wales and Northern Ireland
Devolution to Scotland, Wales, and Northern Ireland has been a significant aspect of constitutional reform in the United Kingdom since 1997. This process has involved transferring powers previously held by the UK Parliament and government to devolved legislatures and administrations in these nations. Referendums played a crucial role in initiating the devolution process, with voters in Scotland and Wales choosing to establish their own parliaments in 1997, and Northern Ireland endorsing devolution as part of the Belfast (Good Friday) Agreement in 1998.
The UK Parliament passed three key acts to facilitate devolution: the Scotland Act 1998, the Northern Ireland Act 1998, and the Government of Wales Act 1998. These acts established the Scottish Parliament, the Northern Ireland Assembly, and the National Assembly for Wales, respectively. Subsequent legislation, such as the Scotland Act 2016 and the Wales Act 2017, has further devolved powers to these nations.
Devolution has brought about significant changes in these nations. For example, Scottish university students attending Scottish universities do not pay tuition fees, unlike their counterparts in England, Wales, and Northern Ireland. Additionally, Scotland has seen higher pay levels for teachers. The Scottish Parliament has primary legislative powers in areas such as education, health, environment, law and order, and local government, while 'excepted powers' like foreign affairs, defence, and the constitution remain with the UK Parliament.
While devolution has empowered the nations to make decisions relevant to their specific needs, it has also presented challenges. The West Lothian question addresses the issue of Scottish MPs voting on matters that only affect England while English MPs have no say in devolved Scottish matters. Additionally, the process of withdrawing from the European Union (Brexit) has highlighted the complexities of devolution, particularly regarding the border between Northern Ireland and the Republic of Ireland, an EU member state.
The UK government has implemented measures to ensure smooth intergovernmental working between the devolved administrations. Each devolved territory has its own department, facilitating liaison between the UK government and the relevant territory. The Memorandum of Understanding on Devolution (MoU) and the review of Intergovernmental Relations (IGR) provide frameworks for constructive intergovernmental relationships and dispute resolution.
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Human Rights Act
The Human Rights Act (HRA) 1998 has been a highly contested piece of legislation since its inception. The Labour Party introduced the HRA as part of a wider constitutional reform package in 1997, which included devolution, House of Lords reform, and freedom of information. The HRA came into force on 2 October 2000, bringing certain rights and freedoms of the European Convention on Human Rights (ECHR) into UK law.
The HRA has been criticised for potentially giving too much power to the judiciary and undermining parliamentary sovereignty. This criticism reflects broader social changes and uncertainty about the turn of the century, including Euroscepticism. The Act has also been scrutinised for its requirement for domestic courts to follow the ECtHR's case law, with some arguing that UK courts should have the final say on human rights applications in the UK.
The HRA has been subject to opposition and calls for reform since its early years, with the then Leader of the Opposition, David Cameron, calling for its replacement in 2006. The Conservative Party manifesto in 2010 included a pledge to replace the HRA with a UK bill of rights, although this did not make it into the coalition agreement. The Act has been described as a catalyst for 'constitutional migration', facilitating the influence of 'foreign' authorities and international norms in domestic judicial decision-making.
The ongoing debate surrounding the HRA reflects a lack of clarity about the future of the human rights regime in the UK and its devolved regions. This has resulted in a lack of constitutional safeguards to protect human rights, impacting the UK's global standing and fragmenting state unity. While some argue that the HRA reform is necessary to ensure it meets societal needs, others warn that amending the HRA would be a huge risk to the UK's constitutional settlement and the enforcement of rights.
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The West Lothian question
The term "West Lothian question" was coined by Enoch Powell MP in 1977 after Tam Dalyell, the Labour MP for West Lothian, repeatedly raised the issue in House of Commons debates on devolution. Dalyell highlighted the anomaly that a member of Parliament for West Lothian could vote on matters affecting an English town like Blackburn, Lancashire, but not on matters concerning Blackburn, West Lothian, in his own constituency.
Attempts to address the West Lothian question include the English Votes for English Laws (EVEL) initiative between 2015 and 2021, which aimed to ensure that bills involving England only could be vetoed if a majority of MPs representing English constituencies decided to do so. However, EVEL was abandoned in 2021 due to its complexity and the difficulty in determining when a bill was 'English-only'.
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Party funding reform
Since 1997, there have been growing demands for constitutional reform in the UK, driven by a desire to modernise British institutions and address the growing distrust in traditional institutions. One area that has been a focus of reform efforts is party funding.
Despite these reforms, controversies and loopholes have persisted. For instance, parties have encouraged supporters to provide long-term 'loans' instead of donations to circumvent PPERA regulations. Additionally, large donations from wealthy individuals continue, leading to the perception of improper influence. This has resulted in further reform proposals, including caps on donations and increased public funding. However, agreeing on the level of donation caps and securing support for enhanced public funding amid pressures on public spending have proven challenging.
The subsequent Coalition Government, which took office in 2010, included a commitment to party funding reform in its coalition agreement. Reports on party funding were published by the Committee on Standards in Public Life in 2011 and the Electoral Commission in 2013, but cross-party talks broke down in the latter year. The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 restricted the funding and spending of non-party campaigners during election periods.
While more significant reforms, such as state funding, have been proposed, they are unlikely to be implemented due to taxpayer expense concerns. State funding, as suggested by the 2007 Phillips Report, could be allocated per voter or per member for each party. It would reduce the influence of private donors, but taxpayers may object to funding parties they oppose, especially more radical ones. Furthermore, the varying membership levels of political parties would make it challenging to equitably distribute state funding.
In conclusion, while efforts have been made to reform party funding in the UK since 1997, controversies and challenges remain. The difficulty of agreeing on specific measures, such as donation caps and public funding levels, has hindered progress. As a result, issues related to private donor influence and transparency persist, underscoring the ongoing need for effective reform in this area.
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