Tag Archives: constitutional convention

The post-referendum Hall of Shame: Cameron, Salmond, Farage, Miliband

Normal politics has been on hold for the last weeks of the Scottish referendum, as nobody from south of the border wanted to rock the boat. But that phoney war is well and truly over, as the party leaders and their followers have pitched in with a free-for-all on the previously little discussed subject of the UK constitution. It is a pretty unedifying spectacle, which demonstrates why politicians in Westminster (and Holyrood for that matter) aren’t trusted by the public. But some are behaving much worse than others.

First place in my Hall of Shame goes to our Prime Minister, the Conservative leader David Cameron. The ballot papers had not been fully counted before he launched into a manoeuvre designed with little other purpose than to embarrass the Labour party, and to protect the more controversial parts of the Coalition government’s reforms. He, along with the other party leaders, has committed to the rapid transfer of powers to the Scottish parliament – having been arm-twisted into doing so by his predecessor as PM, Gordon Brown – who was the star of the No campaign. He then suggested that that the English should get the same rights as the Scots, on the same timetable.

There are three ways in which this is mendacious. Firstly he does not mean giving English people the same rights as the Scots. That would mean a separate English parliament and executive (or perhaps a number of regional ones). It turns out what he means is stopping Scottish MPs from voting on laws in the UK Parliament that only affect England. This may be a good idea in itself, but it falls far short of any idea of devolution of power, or, as I prefer to look at it, the empowerment of voters and intermediate levels of government. Secondly, it is well-known that this is not as simple as it sounds. There is no recognised constitutional distinction between English laws and UK ones, something which becomes particularly difficult when it comes to financing. Which taxes are English, and which are general? This problem has defeated many great minds, so any attempt to ram changes through on a tight timetable is going to end badly. Thirdly, what the Scots have been afforded is many years of deliberation, and a number of referendums, about the sort of government that they want, leading up to the independence referendum, which secured a very high level of political engagement. Mr Cameron has no intention of offering the English any equivalent level of engagement. It’s just a stunt.

What Mr Cameron is trying to do is to highlight Labour’s plan to use their Scottish (and Welsh) MPs to unpick a number of Coalition reforms on English public services, most notably the NHS. That really is all he seems to care about. We should expect more from the holder of such a high and responsible office. But with a bit of luck he will be sabotaged by his own backbenchers, who, on the whole, are more principled, even though they generally scare me.

Second place in my Hall of Shame must go to another holder of an important public office: the Scottish First Minister and SNP leader Alex Salmond. He has announced that he is stepping down, but he as eschewed this opportunity to show any kind of statesmanship. He has accused the Westminster political leaders of backsliding on their promise to devolve more powers to Scotland. This is a very tendentious reading of a very proper argument between the Conservative and Labour leaders over English devolution and the wider UK constitution. Neither have suggested that Scots devolution should be delayed – there is just a concern that these wider issues might delay things. During the campaign Mr Salmond had suggested that if the Scots had voted for independence, then the English political leaders would accept the result with good grace, and enter negotiations with a spirit of peace and light. If that’s what he expects of them, he should apply that standard to his own conduct. It is right an proper that politicians from other parts of the UK should ask how extra Scots devolution affects them. And, indeed, Scottish political leaders should take an active interest in how the UK constitution as a whole works. Scotland is a fully participating member of the UK, and not some foreign power. The First Minister should show some concern that over-hasty constitutional change will affect Scottish interests, and should be demanding a seat at the table – and not acting as if all that mattered was a few extra powers for his government. But, of course, he has no interest in a stable UK constitution, and just wants to exploit the situation to keep discontent amongst Scottish voters bubbling away.

Mr Cameron and Mr Salmond are by some distance the worst culprits. They have responsible public offices and yet are acting like immature student politicians. My next entrant in the Hall of Shame is Nigel Farage, the Ukip leader. He wants to make mischief by stoking up discontent and resentment in England over the role of Scottish MPs in the UK parliament. After a highly divisive referendum, responsible politicians should be promoting reconciliation, and not stoking up resentment. But to his credit Mr Farage is at least advocating the correct way forward, unlike Messrs Cameron and Salmond, which is a UK-wide constitutional convention to promote a measure of agreement on the the shape of the constitution.

To his credit, the Labour leader, Ed Miliband, is also promoting a constitutional convention, and one with a wide enough scope to tackle broader issues, like the House of Lords. But he needs to overcome a huge legacy of cynicism when it comes to Labour’s record on constitutional reform. In this parliament Mr Miliband talked the talk on reform of the electoral system and the House of Lords, but behind the scenes he has sabotaged both initiatives based on short-term politics. Voters may well feel that he has no more interest in promoting a fair constitutional settlement for the UK than Vladimir Putin has in promoting peace and reconciliation in Ukraine. To bridge this gap of trust he needs to give a clearer picture of the reforms Labour want, and to go along with shorter term initiatives to deal with the question of Scottish MPs. He should call Mr Cameron’s bluff, and not just try to kick the whole issue into the long grass.

But above all Mr Miliband needs to give a clear timetable for his proposed convention, and  promise a referendum on its outcome by a specific date. He must make a promise that would be hard to quietly bury. But instead he wants to change the subject and hope that all this talk of constitutional change will blow over. The Labour Party is intent on pushing ahead with the media plan that accompanies its party conference, evidently planned before its Westminster elite had an inkling that the Scottish referendum might set the political agenda. Therefore he enters the Hall of Shame behind Mr Farage.

And so we come to the last of the main party leaders, Nick Clegg, the leader of the Liberal Democrats and Deputy Prime Minister. I have been highly critical of his record to date on constitutional matters, which been misjudged and piecemeal. He has now set out his views on the Constitution. And they are very creditable. He makes it clear, as Mr Cameron does not, that dealing with wider constitutional matters should not be tangled with the issue of further Scottish devolution: it should be a parallel track, with reforms not dependent on each other. On the matter of Scottish MPs he sensibly suggests following the McKay report, which the Coalition commissioned earlier in the government, only for it to be kicked into the long grass. He correctly points out that devolution in England means devolution from Westminster – and suggests a bottom up process for achieving this (by giving local councils the right to demand powers). Finally, and greatly to my relief, he agrees with the idea of a constitutional convention – which should secure directly public participation as far as it can – he suggests a citizen’s jury. This points to an credible way forward: allowing progress on the most urgent issues, while not losing sight of the big picture. So putting him in my Hall of Shame at all would be harsh. If he belongs there it is for not being clearer about all this a lot earlier. Alas, his real problem is a lack of political clout, though. The Libs Dems are facing a number of years in the political wilderness, though I firmly believe that they will be back.

The referendum on Scotland was a near-death experience for the UK. It would be becoming for the politicians from Britain’s mainstream parties to come together with a plan for updating Britain’s constitution, and consulting its citizens as it does so. Instead the Tories are being blatantly opportunist and Labour is pretending that nothing has changed. Only the darker forces of British politics, Ukip and the SNP in particular, will benefit from this.

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#indyref – now is the time for more democracy, not political manoeuvres

So Scotland voted No to independence, and by a margin of nearly 11%. That’s a big relief. A Yes vote would have ushered in three or more years of hard negotiation and uncertainty that would have served no very useful purpose. But what next? There are signs that the political elites both sides of the border are on manoeuvres. But I am backing the Electoral Reform Society’s call for a Constitution Convention. There is a link where you can sign up here – though this is confused by a focus on just Wales; I hope they get their act together o this.

The story so far. Though Scotland voted No, this was only after the main Westminster party leaders, and the hero of the No campaign, former UK Prime Minister Gordon Brown, all promised to deliver Scotland further devolution and protect their funding settlement. Some refer to this off as Devo Max – but others say it falls short of this ideal, whereby the Scottish parliament would be responsible for everything but defence and foreign relations. This promise has to be delivered – but it destabilises the constitution of the UK as a whole.

In particular the Prime Minister, David Cameron, has said that reforms must take account of English government. By this he means the problem that Scottish (and Welsh and Northern Irish) MPs vote on domestic English matters, while having no equivalent powers for their own regions. The Conservatives spy an opportunity to embarrass the Labour Party, who may depend on Scottish and Welsh MPs to deliver their party programme in England. Many Tory MPs are talking a lot of sense (for example John Redwood in the FT) – and this not something I say lightly. But opportunism is not a solid basis for a robust constitutional settlement. Most thinking is half-baked, because we have not had a proper period of deliberation on the matter.

It is right that MPs are asking about the wider constitutional settlement. But it is wrong to neglect the process of democracy. One of the energising aspects of the Scottish vote was that it involved voters in an important decision. The turnout was very high (85%) by our normal standards – securing a level of political engagement that has been most unusual. Any constitutional settlement for the UK needs to similarly democratic, even if it cannot hope to reach such heights. There needs to be a deliberative process that draws people in, a Constitutional Convention, followed by one or more referendums across all of the UK. The Westminster elite don’t seem to want this; the Edinburgh elite seem no better. They don’t want a process that they can’t control. They want a platform for point scoring, not a process of consensus building.

But these are hard questions, which are not susceptible to quick political fixes. If we don’t opt for a proper deliberative and democratic process we are in danger of lurching from one constitutional crisis to the next.

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