Lords reform: time for a fresh approach to an old problem

Craig Prescott 10.17am

Some people think a referendum is necessary, others don’t. Both sides are correct but they miss the fundamental issue.

Nick Clegg has argued that reform should not be dependent on a referendum because all three main parties support reform, and further, they committed themselves to reform at the last general election.

David Cameron, while still open to the idea of a referendum, also believes there are many arguments against holding one.

Both positions are untenable as far as the draft Bill is concerned, or the recommendations proposed by the majority of the Joint Committee for the Bill.

As all three main parties were in favour if reform at the last election, voters were presented with Hobson’s choice and couldn’t express their views either way on the issue. Furthermore, the Labour party included a commitment to a referendum in their 2010 manifesto.

Significant constitutional change should be as inclusive as possible, whereby the agenda is not wholly dominated by a section of the political class. This is why in many written constitutions around the world you would not now be reading this article, as it would be legally required for such proposals to go before an electorate in a referendum (the Australian Constitution is such an example).

Furthermore, it would be odd if a referendum was required to change the method of composition for the Lower House (the AV referendum) but not for a more radical alteration of the Upper House.

On a more principled level, it seems strange to attempt to introduce democracy to the House of Lords in an undemocratic way by refusing to hold a referendum. In this respect, the view of a majority of the Joint Draft Bill Committee in strongly suggesting a referendum is to be commended.

However, those who argue against a referendum are also correct. It all depends on what one means by ‘reform’. At the risk of criticising the Bill committee in the way you might criticise a lemon for not being an orange, they have not considered other proposals for reforming the House of Lords.

Incremental reform, for instance, would not require a referendum. This is the line taken in the Alternative Report, published independently by a minority of the membership of the Bill committee. This report proposes to harness the momentum for reform to propose legislation that could readily be included in the forthcoming Queen’s Speech. It should remove the remaining hereditary peers, permit peers to take permanent leaves of absence, introduce a minimal attendance requirement, and allow for the retirement of peers. Such legislation would be more politically acceptable to all members of all parties. It contains nothing controversial and could be a basis for more long-term reform.

Which according to the Alternative Report should be the responsibility of a Constitutional Convention. This is a common process elsewhere in the world, such as in Australia and certain federal states in the USA. The convention would consider the issue fully and in a broader manner than the current Bill committee has been able to do. Its membership would comprise constitutional experts, current Westminster politicians and representatives of devolved assemblies, local government, businesses and faith groups. It must operate apart from the political cycle. Ultimately, the convention’s proposals would be put to the electorate in a referendum, for the reasons offered above.

The fundamental issue missed by participants in the present debate about a referendum is that it is no longer sufficient for the ordinary political process to dominate the debate. It has dominated for a century, over two Royal Commissions, innumerable policy papers, inconclusive parliamentary debates and votes and, today, a draft Bill with a split committee and two diverging reports.

It is time for a fresh approach to an old problem.

Craig Prescott teaches Constitutional & Administrative Law at the University of Manchester.

Follow Craig on Twitter @craigprescott

Why Scotland needs Devo Plus, and why Conservatives and all unionists need to support it

Alex Fergusson MSP 6.00am

Immediately following the recent launch of Devo Plus, a group on which I am pleased to sit, the Tory Reform Group tweeted:

“Devo Plus is a campaign that unionists would be worthwhile supporting.”

Needless to say, I entirely agree, but allow me to explain why.

I must begin by saying that I am every bit as much a unionist and a Conservative as all of my colleagues in the party. From Ruth Davidson to Murdo Fraser, Michael Forsyth to Malcolm Rifkind, we are all Conservatives and we are all unionists.

But what I believe we need to accept, fundamentally, is that the very notion of unionism is a variable rather than a fixed point on the constitutional spectrum. However, it is fair to say that Michael Forsyth’s view of unionism is rather different to mine, in that I firmly believe that we need to embrace that notion, rather than simply try to hide it.

My vision of unionism is a decentralising one in accordance, I think, with basic Conservative philosophy. I want to see each layer of government, from Westminster to Holyrood to local authorities, broadly raising the money they are responsible for spending.

That is the reasoning behind Devo Plus, and it is based quite simply on the principle of financial accountability - a principle that is sadly lacking in our current constitutional structure. It is practised in other strong unions throughout the world, including those of our transatlantic friends in Canada and the United States and, frankly, it is ‘beyond bonkers’ (to pinch a phrase from another former Presiding Officer!) to suggest that it cannot work here.

So for me the unionist box is firmly ticked. What about the Conservative one?

Firstly, localism is a key part of David Cameron’s overarching agenda, and Devo Plus is simply localism in action.

Secondly, it’s hardly a secret that the Scottish Tories have not exactly enjoyed increasing popularity since devolution, and a big part of that problem is our perceived unwillingness to give the Scottish people what opinion poll after opinion poll tells us they want: a more responsible, autonomous and accountable Scottish Parliament within a solid United Kingdom.

Our party - indeed, all parties - are now talking about this issue, and that is encouraging. In my view the end point is clear. The seeds of a Conservative comeback can be sown by embracing the principles of Devo Plus. We should make it clear to the Scottish people that a “no” vote in the referendum does not mean a continuation of the status quo, but that it means a journey towards Devo Plus.

Alex Fergusson is the Conservative MSP for Galloway & West Dumfries and was the Presiding Officer of the Scottish Parliament from 2007 to 2011.

Gay marriage is at the heart of the urgent need to separate Church and State

Jack Blackburn 6.00am

Church and State are talking at crossed purposes on gay marriage, but what goes unnoticed is that this confusion goes right to the heart of our nation’s constitution.

As far as the State is concerned, homosexual relationships should be treated coterminously with heterosexual relationships. By extension of this fact, gay marriage ought to be permitted and accepted.

However, from a theological perspective, this is contradictory and nonsensical. Marriage is a sacrament, a central pillar of the Christian faith, and defined as exclusively heterosexual.

Christians are entitled to that view. And in somewhere such as the United States, where Church and State are separate, they can agree to disagree in this fashion. But here in Britain, with an established Church, that is a luxury we cannot presently enjoy.

The Church of England is directly affected by what is spoken in Parliament and what Her Majesty the Queen - the Supreme Head of the Church - signs into law. There is no getting around that. The Queen cannot give her royal assent to a Bill legalising gay marriage without challenging a tenet of the Church. We have here a real dilemma. We must be honest about this, but of course something has got to give eventually.

It would be welcome to hear a dissenting Christian voice loud and clear - following the Prime Minister’s own statements on the subject - because the theological debate is not open and shut.

Indeed, to say that marriage is a union that can only exist between a man and a woman is lazy, unsubtle and vacuous. It does a disservice to what the institution should mean.

The explicit definition of marriage as exclusively heterosexual is derived from texts written more than two millennia ago by people living in a homophobic world that demanded the execution of homosexual men.

The modern Christian, called by Jesus to make love their first and only aim, should realise that the old ways are not beyond question. In fact, they are challenged by that stronger tenet of love.

The true essence of marriage is the formation of a loving union - if that is between people of the same gender or different genders, it ought not matter. The loving God would be more pleased by the gay couple who spend their entire lives together than the man of many marriages.

Nevertheless, this does not rest easily with the theological conclusions of many Christians across the country who, I hasten to add, are not homophobic by nature. These Christians will maintain that marriage is a sacrament, clearly defined, and the word cannot simply be borrowed by the State to fulfil its social aims.

The word and the institution are of central importance to Christian faith. This is the responsible view of Tony Baldry, Conservative MP for North Oxfordshire, and the Church Commissioners. (The faux-amusing rhetoric of Peter Bone and insulting language of Cardinal O’Brien are contributions we could do without, and which do their side of the argument no good at all.)

This is yet another issue that indicates why the Church must begin to remove itself from State affairs. Neither Church nor State any longer benefit from their connection; rather, they suffer from it, finding not greater strength but deeper division.

In this instance, the Church is being held hostage to a legislature that is doing what it thinks is best for society. It has a democratic mandate to do so. Therein lies the problem for the Church today: it represents only one section of modern British society, for which Parliament must legislate, and yet the Church unduly influences, and is influenced by, that Parliament.

The need for separation is increasingly apparent and urgent. However, it cannot happen while the Queen is head of both. The dilemma shall continue unresolved.

Follow Jack on Twitter @BlackburnJA

Scottish Tories won’t advance until they support more devolution for Scotland

Nik Darlington 10.32am

If unionists in the Conservative party - and I presume, perhaps too romantically, this means most people in the Conservative party - want to win the Scottish independence debate, they must see the necessity for further devolution.

Resistance to devolution fuels the perceptions of English prejudice and arrogance on which the SNP feeds. It runs contrary to the party’s localism agenda, and the innate Tory values about freedom and ‘little platoons’, about power being best exercised the closer to the people it affects. And it ignores the basic fact that the surest route to a Conservative renaissance in Scotland is by forcing Scottish politicians to raise as well as spend Scottish taxes.

Yet frustratingly, resistance seems to be the default position for many Tories, most worryingly so in Scotland itself. Prior to being elected leader of the Scottish Conservatives, with minority support among her own MSPs, Ruth Davidson vowed to draw “a line in the sand” and oppose any further devolution beyond the Scotland Bill. This intransigence might have won the favour of the party faithful (though I wager Scottish party members were more scared by Murdo Fraser’s radicalism than wooed by Ms Davidson’s obduracy). But it won’t win Holyrood seats, nor will it win the impending independence referendum.

So it is hugely encouraging that yesterday some Scottish Tories lent their support to a new unionist devolution campaign that aims to challenge the SNP’s desire for total separation.

Devo Plus is headed by Jeremy Purvis, the former Lib Dem MSP. It has cross-party support from the likes of Tory MSP and former Presiding Officer, Alex Fergusson; Tavish Scott MSP, the former Scottish Lib Dem leader; and Labour MSP Duncan MacNeill.

National Insurance, VAT and smaller levies like TV licences would be retained by Westminster, but most other taxes, including income tax and corporation tax, would be transferred to the Scottish Government. There would also be a geographic settlement of oil revenues.

As I wrote for Total Politics last October, lower taxes could be the making of Scotland, turning it into a kilted Asian tiger economy. Devo Plus offers this prospect, the chance of a new Scotland ‘on the make’, and the imposition of fiscal responsibility on Holyrood’s politicians, who in simple terms just spend other people’s money. Falling short of ‘devo max’, Devo Plus ought to look an attractive option for Conservatives in favour of local accountability and critical of the fiscal deficit between England and Scotland.

But what happened yesterday? The SNP quickly endorsed ‘devo plus’ as their preferred third option on the independence ballot paper. The nationalists’ conversion from ‘devo max’ to ‘devo plus’ was as speedy as it was cynical. But it has, for now, left opponents still treading water.

We have reports of the Scottish Tories being “at loggerheads” over the new campaign. Alex Fergusson hinted at a dangerous divide between Ms Davidson and many of her MSPs.

David McLetchie, the Scottish Tories’ constitution spokesman, called Devo Plus a distraction that is “playing into Alex Salmond’s hands”. This could not be further from the truth. Devo Plus may not end up being the right answer, but the Scottish Tory leadership should at the very least be trying to ask some questions.

Scots want more devolution. Ignoring this simple fact is what plays into Mr Salmond’s hands and perpetuates the assumption that the Conservative party is an English party, first and foremost. It amounts not so much to drawing lines in the sand, as sticking one’s head in it.

When the Prime Minister visited Edinburgh to make his powerful, emotional case for the Union, he promised greater devolution for Scots if they vote to stay. But in the process of publicly refuting the leader of his party in Scotland - “blurring the line in the sand”, according to Mr Fergusson - David Cameron failed to say what this greater devolution might look like.

It might, just might, look like Devo Plus.

A federal UK can save the Union

Alexander Pannett 11.15am

It is a strangely multilateral metaphor, the Union Jack.

It is one of the oldest flags in the world, formed from the constituent symbols of the United Kingdom, one of the first and arguably one of the most successful supra-national political unions in the world.

It is pure folly to reduce the number of MPs

Craig Prescott 11.58am

At the last general election, both coalition parties pledged to reduce the size of the House of Commons. The Conservatives offered a 10 per cent reduction (manifesto is oddly no longer available online), while the Lib Dems (link here) wanted to cut the number of MPs by 150. The eventual Coalition Agreement is actually weaker than both parties’ original pledges, as Parliament will only be trimmed by 50 MPs from its current level of 650.

This 600 figure was created by the negotiating teams during those ‘Five Days in May’. That episode revealed one of the worst aspects of our unwritten constitution: essentially, just six chaps in a room determined how many MPs will sit in the main chamber of our national legislature. In most other countries in the world the number of seats in the legislature is defined in a constitution - in the USA, each state is allocated two Senators - and the process of changing this is considerably more laborious than chatting over some tasty biscuits.

There is no underlying rationale for this reduction. For the Liberal Democrats it was part of a grander constitutional scheme, the only part of which that may emerge is House of Lords reform (but even this could be in difficulty).

For the Conservatives, the rationale is one of reducing cost both in line with ‘deficit reduction’ but also as part of the response to the MP’s expenses scandal.

Another justification, considerably more viable, is to equalise the number of constituencies. A fundamental principle is that each vote should count as equally as possible. However, it does not automatically follow from this that the number of MPs had to be reduced. Any party gain is likely to be minimal. Psephologists believe the bias against the Conservatives will be reduced, but only by 3 per cent.

As far as I can tell there has never been any serious consideration as to the optimal sum of MPs. There should have been some thought dedicated to this before committing to a final number, and it may well be the case that considerably more or fewer MPs would be needed.

My view is that Parliament would be better served by more rather than fewer MPs. The reduction of MPs will not be followed by a corresponding reduction in the number of Ministers (the ‘payroll vote’). This is a shame. Much has been made of the quality of the 2010 intake and the fact that MPs are more rebellious in this Parliament than at any point since 1945.

Furthermore, there have been procedural reforms to enhance the role of the backbench MP, in particular the creation of a Backbench Business Committee. Parliament matters again.

But fewer backbench MPs means fewer types of people being represented in Parliament, at a time when people are concerned (whether rightly or wrongly) about a so-called political class with little ‘real-world experience’ outside of Westminster. Reducing the number of MP’s does nothing to alter this perception. While expertise is often an argument against House of Lords reform, expertise is also provided by MPs in the commons. The current chamber comprises of the usual smattering of lawyers and businesspeople, but also doctors, academics and economists and former members of our armed forces.

On certain major issues such as the EU and human rights, it is groups of backbenchers rather than the leaderships of parties that tends more closely to represent the views of the electorate.

The ‘gene pool’ for Ministers is also reduced. This may have been one reason behind Gordon Brown’s ‘Government Of All the Talents’, as by the time he became Prime Minister, he had, to some extent, run out of suitable backbenchers.

Parliamentary committees could also be harmed. This is a growth area in MPs’ workloads, so it is inevitably going to be more difficult for the smaller number of MPs to fulfil their commitments in this area alongside all their other commitments without an increase in resources (which will hinder the overall intention to reduce the cost of politics).

The greatest irony in all of this is that should Scotland separate from the rest of the UK in in the forthcoming referendum (whenever that is held), the cost of politics in Westminster will be reduced at a stroke, and the opportunity to revisit constituencies would have emerged. Boundaries could then be equalised without any of the harmful side effects mentioned above.

Murdo Fraser can do what he likes with the name, but the Scottish Tories need to reform before they can survive on their own

Craig Barrett 12.50pm

“Sticks and stones may break my bones but names will never hurt me.”

Alternatively, if you are capable of appreciating poetry on a Monday,

What’s in a name? That which we call a rose by any other name would smell as sweet.

It might be seen mischievous of me to use that quotation, given that this article has nothing to do with the logo of the Labour party.

But what does a name genuinely mean? In his bid for the leadership of the Scottish <Insert acceptable centre-right label here> Party, Murdo Fraser seems to be advocating something much deeper than a simple rebranding; more like a whole transfer of power north.

It is, if you will, a bid to make the party smell sweeter rather than perpetuating an enduring toxic legacy.

When the Sanderson Report was published, I commented that what was badly needed for the Scottish Conservative & Unionist party was for the current management to be dismissed, direct control to be taken by London, and keen, hungry young campaigners should be tasked to demonstrate their commitment by heading to Edinburgh and making an impact there. The Scottish party is desperate for funds and expertise.

Mr Fraser must explain how he hopes to fund a newly designated party without support from London but, more to the point, with tired and inexperienced management, he needs to show how he plans to revitalise campaigning structures.

It is some time since I campaigned in Scotland, and even longer since I was a council candidate, but even then I could see the writing on the wall. It is hard to motivate people when they cannot see tangible results and when the party is in seemingly irreversible decline. This is all the more sad because so many Scots hold inherently Tory views.

The last thing that the part in Scotland needs at this juncture is to become entirely independent. That said, I do not actually think that a change of name is such a bad idea. However, I am unconvinced that it can happen alongside Mr Fraser’s apparent desire for separation from London.

Until there is root and branch reform of the Scottish party’s management structures, personnel, fundraising and campaigning, there can be no progress. Cosmetic changes to the brand might pick up some kudos in the short-term but a new name will not turn the party into a genuine electoral force.

Just as Scotland could not survive without support from the rest of the United Kingdom, the Scottish Conservative party could not survive on its own, in this form. We are a unionist party and I’m afraid that means we have to stay united.

Follow Craig on Twitter @MrSteedUK

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One Nation, One Time: Why the Daylight Savings Bill must not pass

Nik Darlington 2.55pm

British Summer Time began yesterday for another year. If a Conservative MP and her supporters get their way, its days might be numbered.

Rebecca Harris’ Daylight Savings Bill passed its second reading on 3rd December. A bill committee is being assembled to deliver a report before a possible third reading.

The bill would require the Government to run a cost-benefit analysis of moving the clocks forward by one hour for all or part of the year. If this exercise were to report that a clock change would benefit the UK, the Government should carry out a trial.

At the time, Ed Davey, a junior minister at the Department for Business, opposing the bill on behalf of the Government:

“There are concerns about the longer, darker winter mornings that would result: much is said about impacts in northern parts of the UK, but a change would mean delaying dawn in mid-winter even in London until after 9 o’ clock.

One thing we remain convinced about, which must lead us to oppose the Bill, is that we cannot make this change unless we have consensus throughout the United Kingdom. That has recently been made clear by the Prime Minister on more than one occasion.

We must acknowledge that the change would have widely differing impacts on day-to-day life in different parts of the UK. They would be particularly acute in Scotland and Northern Ireland.”

Nevertheless, it has been reported that the Government is considering the clock change proposed by the Bill as part of its tourism strategy. When the Department for Culture, Media and Sport published its tourism policy document earlier this month, it contained nothing of the sort. However, the earlier suspicions suggest that the surprising strength of public opinion in favour changing the clocks is having some impact on Ministers.

During the debate in December, MPs made many compelling points in favour and against. Each argument seemed to cancel out another. No wonder we have not been able to solve this dilemma for decades.

But nothing can counterbalance the detrimental effect on Scotland and other northerly regions. This is my greatest concern.

Angus MacNeil (SNP, Na h-Eileanan an Iar) pointed out in December that “more electricity would be used on darker mornings” in Scotland. Dr Eilidh Whiteford (SNP, Banff & Buchan) said farmers are “less opposed to the measure than they were forty years ago [because] they now have heating and lighting in their steadings [which] rather undermines the carbon saving argument.” Two Liberals, Malcolm Bruce (Gordon) and Alan Reid (Argyll & Bute) also spoke against the Bill.

The SNP can be prone to nonsensical shortbread hyperbole but Angus MacNeil went on to make a very sound point about the state of the Union:

“The progress of this bill is literally a wake-up call to the prospect of dark mornings for everyone north of Manchester, and has been pushed through by MPs from the south with no regard to the impact these changes would have on the quality of life for people in the north. This change would be acutely felt in Scotland, raising real safety and quality of life concerns, and this is now a real test for the Tory government and its claims of a respect agenda for Scotland.”

Were the measure to pass, I fear it would provide Alex Salmond with an excuse to declare unilateral horological independence from the rest of the United Kingdom. Some argue that other countries cope just fine with multiple time zones, yet they tend to be vast areas such as Russia or the United States. It would be inappropriate for a small archipelago such as this. It runs the risk of alienating Scotland and making life difficult for communities that straddle the border.

In 2004, the votes of Scottish MPs imposed top-up tuition fees on English graduates, when a majority of English MPs voted against. People, quite rightly, were a bit cross about this. Similarly, changing the clocks might sound a good wheeze to MPs in the south of England who voted for the Bill in December, such as Andrew Tyrie (C, Chichester), Simon Hughes (LD, Bermondsey & Old Southwark), Karen Buck (Lab, Westminster North), and Caroline Lucas (Green, Brighton Pavilion). Their northern, Scottish and Northern Irish colleagues have very real concerns.

We have tried this experiment before and this is the eighth occasion since the 1970s that someone has tried to revive it. I sat writing in my conservatory yesterday evening, still bathed in warm sunlight, so I understand the attractiveness of staying lighter later. There are good arguments about road safety and carbon emissions. However, if this attempt succeeds, I worry about the constitutional implications and the possibility that Scotland could go its separate way. It would be another step down the road to breaking up the United Kingdom.

The Government might be beginning to think of a change as an expedient, headline-grabbing progressive measure. It is not; it is a constitutional risk. Westminster must govern for the entire nation, not sections of it.

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