1. Constitutional change after 1997 Government and Politics AS GP2 Governing Modern Wales

2. This lesson  This session will:  To create a full understanding of why the Labour government undertook a programme of constitutional reform after 1997.  To create an understanding of the full nature of the reforms since 1997.  To create an understanding of the principal debates which are now taking place on the subject of constitutional reform.  To draw together all the contemporary issues on constitutional reform.

3. Constitutional Reform that has gone too far?  There is a conservative argument that the reforms have gone far enough or perhaps too far.  This argument suggests that the reforms have destabilised the political system.  They have threatened the efficient operation of government and threatened the integrity of the UK.  Further reforms, the argument goes, will render these problems more serious.

4. Constitutional Reform that has gone too far?  Exercise 1 Has constitutional change gone too far?  Read the extract and try and work out why has this constitutional change from the Human Rights Act 1998 been deemed to have gone too far?

5. The progressive position on constitutional reform The opposite to the conservative position is the progressive position. This states that the post-1997 New Labour government reforms are an unfinished process. New Labour is the name given to the government under Tony Blair’s leadership between 1997 and 2008 It’s central aim was to modernise constitution, which we will examine later on

6. The progressive position on constitutional reform There are still problems with the constitution such as its: 1.lack of clarity, 2.undemocratic features, 3.failure to protect rights adequately; 4.problems of the democratic deficit (House of Lords, FPTP voting system). Political parties nearly always have plans to change the constitutional position in their manifestos

7. Why did Labour introduce its reforms?  Why did Labour introduced its reform programme. The following key issues should be introduced:  New Labour saw itself as a modernising party, and constitutional reform was a key part of that.  Their reforms came out of a liberal agenda for constitutional change.  The Labour Party had been scarred by the experience of 18 years of Conservatives in power and hoped to reduce governmental power for the future.  Devolution was essential in view of demands for it in Wales and Scotland and the need to reinforce the extensive support for Labour in those countries.

8. Why did Labour introduce its reforms?  There was a major political groundswell of support for reforms which would provide better guarantees of human rights.  The judiciary was seen by Labour as a conservative force, so the party was determined to make it more independent.  Labour had greatly resented the abolition of the Greater London Council by Margaret Thatcher’s government and so wished to re-establish independent government for London.

9. Exercises – Criticisms of Labour’s reforms Exercise 3 Question: Name four things wrong with Labour’s reforms? Exercise 4 Questions: 1.What do the liberals think is wrong with New Labour’s reforms? 2.Rank their proposed reforms in order of importance? Exercise 5  Questions  What did the conservatives see as the problem with Labour’s changes?  What are the conservatives own views?

10. Reasons for Labour’s reforms  Devolution was essential. Labour had failed to achieve devolution in 1978–79 and there was an upsurge of nationalist sentiment in Wales and Scotland. Labour dominated politics in both countries and devolution would reinforce that support (and did so).  The Conservatives opposed devolution, and this has been reflected in their very low electoral support in Scotland especially.  Reform of the House of Lords had long been an aspiration of Labour, but they had never been able to achieve it. In the event this was a very limited reform.  The Human Rights Act brought the UK into line with other modern democracies.  The Freedom of Information Act appeared to be a limited measure, but the experience has been that it is a highly significant development with far- reaching effects on government.

11. Reasons for Labour’s reforms  The institution of the London Mayor was seen as the restoration of independent government in the capital.  Labour assumed it would hold the position of mayor, but it experienced first an independent, Ken Livingstone, and then a Conservative, Boris Johnson.  The independent judiciary was seen as a blow against the forces of conservatism.  However, it created a senior judiciary which became extremely obstructive of government, notably over rights, sentencing policy and law and order.  The independence of the judiciary was therefore a thorn in the side of Labour governments.

12. Appraising Labour’s reforms  Exercise 6 Rate Labour’s reforms on the triangle in the order you think they would appeal to Labour voters?

13. History and Labour’s reforms  Labour introduced the most extensive programme of reform seen since the nineteenth century.  The Labour government and its leader, Tony Blair, therefore have a place in history as the most reforming government in modern history.

14. The coalition government and constitutional reform  In the Coalition agreement Our Programme for Government of May 2010 the Conservatives and Liberal Democrats spoke of ‘a determination to oversee a radical redistribution of power away from Westminster and Whitehall to councils, communities and homes across the nation’.  The coalition therefore continued to reform the constitution but with a different rationale from that of New Labour.  Their concept was guided by a join desire to reduce the power of the centralised states and make power more local – ‘localism.  Exercise 7 The coalition agreement on constitutional and political reform, May 2010

15. Exercise 7 The coalition agreement on constitutional and political reform, May 2010  The main political and constitutional reforms agreed  There are to be 5-year fixed-term Parliaments.  A Referendum Bill will be introduced on the alternative vote system.  The process of reforming the House of Lords will continue, including the proposal to look at a fully proportionally representative upper chamber.  All bills will have a public reading stage with public comments debated by committees.  Any public petitions with more than 100,000 signatories can be introduced as a full parliamentary debate and/or a bill.  Any transfer of powers to the EU to be subject to a referendum.

16. Exercise 7 The coalition agreement on constitutional and political reform, May 2010  There will be full funding of 200 all-postal primaries for parliamentary seats which have not changed hands for many years.  Constituencies will be redrawn to be equitable in terms of population.  In local government there should be greater decentralisation of powers, the abolition of many quangos and the power for local residents to instigate local referendums on any local issues.  A lobbying register to be made statutory.  Reform of political donations and party funding.  The programme of devolution will be strengthened in Wales, Scotland and Northern Ireland.

17. The coalition government and constitutional reform One of the greatest failures has been on House of Lords Reform Exercise 8 House of Lords Reform 1.Why hasn't the House of Lords been reformed before? 2.Why did the government want to change the Lords? 3.When was reform supposed to happen? 4.What were the main proposals? 5.What did opponents say? 6.What did Labour say? 7.Why did the government drop the plans? 8.What does it mean for the coalition?

18. Does Britain now have Quasi-federalism  Under the coalition there has continued to be considerable change. This has brought about a questioning of the status of the state.  Quasi-federalism occurs when the central government of a unitary state devolves some of its powers to subnational governments.  It exhibits some of the features of a unitary state and some of a federal state.  In legal theory there is one supreme legal authority located at the centre, as in a unitary state.  But in practice the centre no longer makes domestic policy for some parts of the state and it would be difficult politically for the centre to abolish the subnational tier of government, different policy frameworks operate within the state.  Senior judges rule on questions concerning the division of competences.  Where are these divisions of competences?