The Governance of Britain
1. In July 2007, shortly after Gordon Brown MP
became Prime Minister, the new Ministry of Justice published a
Green Paper, The Governance of Britain, setting out a diverse
range of proposals for constitutional reform. The foreword to
the Green Paper by the Prime Minister and the new Secretary of
State for Justice and Lord Chancellor, Jack Straw MP, expressed
far-reaching ambitions for this new wave of constitutional change:
"We want to forge a new relationship between
government and citizen, and begin the journey towards a new constitutional
settlement—a settlement that entrusts Parliament and the
people with more power. The proposals published in this Green
Paper seek to address two fundamental questions: how should we
hold power accountable, and how should we uphold and enhance the
rights and responsibilities of the citizen?"[1]
2. The proposals, which were described as "the
first step in a national conversation" rather than "a
final blueprint", covered the following areas.
- Limiting the powers of the
executive by moving certain
royal prerogative powers to Parliament, reviewing the post of
Attorney General, looking again at the way in which ecclesiastical,
judicial and public appointments are made and reassessing ministers'
involvement in the honours system. (Chapter 1)
- Making the executive more accountable
through enhanced parliamentary scrutiny; boosting the profile
of the regions within both government and Parliament; and reforming
the operation of the Ministerial Code. (Chapter 2)
- Reinvigorating our democracy
through reform of Parliament (including House of Lords reform)
and the electoral system, and improving direct democracy at both
national and local level. (Chapter 3)
- Focusing on the citizen and
the state by carrying out
a review of citizenship, developing a "British statement
of values" and giving further consideration to a "British
Bill of Rights and Duties" and/or a written constitution.
(Chapter 4)
3. The Green Paper is cast in very general terms
and some of these proposals clearly have profound constitutional
implications which will require detailed consideration. In particular,
the Government's intentions with respect to the role of the Attorney
General, the judicial appointments process in England and Wales,
a "British statement of values", a "British Bill
of Rights and Duties" and a possible written constitution
will require close scrutiny over the coming months and years if
they are to be turned from aspirations into new pillars of the
constitution.
4. There is, however, one proposal which we welcome
unambiguously: to reform the royal prerogative so that the Government
must seek the approval of the House of Commons for "significant,
non-routine deployment of the Armed Forces into armed conflict".
We are particularly pleased that the Government seem minded to
accept our specific recommendation[2]
that this reform should be brought about through the development
of a parliamentary convention which might be formalised by a resolution
in the House of Commons.[3]
However, we are concerned that the Green Paper does not refer
to any role for the House of Lords. We shall keep this matter
under close review as the Government's intentions become clearer.
5. We also welcome the Government's stated intention
to consult widely on these proposals. In several of our reports
in recent years we have lamented that significant constitutional
change has been initiated by the Government without proper discussion
or any attempt to seek consensus. So any useful consultation must
include the other branches of government—Parliament and
the judiciary. We welcome the publication of this Green Paper
which stands in stark contrast to the mishandled announcement
in 2003 of plans to reform the office of Lord Chancellor and to
create a Supreme Court. We look forward to engaging in mature
and measured consideration of the proposals in the spirit of openness
that is promised by the Green Paper.
6. This Committee clearly has a central role
to play in the development of these proposals. We shall keep under
close review the nature of the consultation process. Each particular
reform proposal will also require detailed analysis. In addition,
we shall consider the broader themes of accountability and citizens'
rights and responsibilities that the Green Paper offers as an
over-arching framework for this ambitious programme of change.
As a first step, we shall invite Jack Straw MP, the new Lord
Chancellor and Secretary of State for Justice who is overseeing
the reforms, to appear before our Committee in the autumn to discuss
these issues in more depth. Then we shall review any legislation
put before Parliament as part of our normal scrutiny function.
Finally, we shall take a view on any further action on the Government's
broader constitutional agenda that will be required on our part.
1 The Governance of Britain, p 5. Back
2
Select Committee on the Constitution, Fifteenth Report of Session
2005-06, Waging War: Parliament's Role and Responsibility
(HL Paper 236-I). Back
3
The Governance of Britain, pp 18-19. Back
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