Tuesday 25 March 2008

More Powers For Parliament

The restoration of the supremacy of British over EU law, and the requirement that the latter be passed by both Houses of Parliament exactly as if it had originated in one or other of them. No ruling either of the European Court of Justice or of the European Court of Human Rights to apply in the United Kingdom except by resolution of the House of Commons. No court in the United Kingdom to have any power to strike down any part of the Statute Law. A statutory ban on any British Minister’s attendance at the Council of Ministers until it meets in public and publishes an Official Report akin to Hansard. The Parliament of the United Kingdom routinely to exercise its right to enact legislation supreme over that enacted by any devolved body.

A new and powerful second chamber, the Senate, taking over the existing powers of the House of Lords, and also exercising the same revising powers in relation to devolved bodies. The Senate to have an absolute veto over any Bill passed by the House of Commons (or any devolved body) without a vote, including any EU legislation passed by negative resolution of the House of Commons. And the Senate to have the power to require a referendum on any Bill already designated as constitutional for the purposes of the procedures of the House of Commons.

Each of the ninety-nine areas having a Lord Lieutenant to elect six Senators (who would have to have been registered voters there throughout the previous five years), with each voter voting for one candidate by means of an X, and with the six highest-scoring candidates declared elected at the end. The whole country to elect a further six Crossbenchers by the same means. The Senate to have a fixed term of six years, and Senators to have the same remuneration and expenses as MPs.

The country to be divided into one hundred constituencies, with as near as possible to equally sized electorates, and with their boundaries straddling the United Kingdom’s internal borders wherever possible. Each constituency to elect six MPs, with each voter voting for one candidate by means of an X, and with the six highest-scoring candidates declared elected at the end. Replacement of the deposit with a requirement of nomination by five per cent of registered voters, also applicable to other elections. The House of Commons to have a fixed term of four years.

In the course of each Parliament, each party to submit a shortlist of the two candidates nominated by the most branches (including those of affiliated organisations where applicable) to a binding ballot of the whole electorate at constituency level for the Prospective Parliamentary Candidate, at county level for the Senate Candidate, and at national level for the Leader. All the ballots for Prospective Parliamentary Candidate to be held on the same day, all the ballots for Senate Candidate to be held on the same day, and all the ballots for Leader to be held on the same day. Each of these ballots to be held at public expense at the request of five per cent or more of registered voters in the constituency, the county, or the country, as appropriate.

Each candidate in each of these ballots to have a tax-free campaigning allowance out of public funds, conditional upon matching funding by resolution of a membership organisation. The name of that organisation to appear on the ballot paper after that of the candidate. A ban on all other campaign funding, and on all campaign spending above twice that allowance.

In the course of each Parliament, each party to submit to a binding ballot of the whole electorate the ten policies proposed by the most branches (including those of affiliated organisations where applicable), with voters entitled to vote for up to two, and with the highest-scoring seven guaranteed inclusion in the next General Election Manifesto. All of these ballots to be held on the same day, and each of them to be held at public expense at the request of five per cent or more of registered voters in the country. The official campaign for each policy to have a tax-free campaign allowance, conditional upon matching funding by resolution of a membership organisation. The name of that organisation to appear on the ballot paper after that of the policy. A ban on all other campaign funding, and on all campaign spending above twice that allowance.

Each MP and each Senator to have an annual tax-free allowance transferable to the political party or other campaigning organisation of his or her choice, conditional upon matching funding by resolution of a membership organisation. The name of that organisation to appear on the ballot paper in brackets after the party or other designation. A ban on all other party funding, and on all party spending per year above 2400 times that allowance.

A system of party caucuses, and also of other caucuses, such as that of Independents, or that of more than one party banded together for the purpose. Caucuses to be made up of MPs and Senators. No MP or Senator to be a member of more than one caucus simultaneously. Each caucus including one sixth or more of the House of Commons to be entitled to a number of Ministers at each level proportionate to its numerical strength (among qualifying caucuses) in the House of Commons. The caucus to elect annually its nominees for office at each level, with each member entitled to vote for up to one third of the requisite number.

The Prime Minister (though still formally appointed by the monarch) to be elected by the caucus having the most members in the House of Commons, or, where two or more caucuses have equally the largest number of MPs, by the caucus whose members in the House of Commons received the highest number of votes at the preceding General Election. Portfolios to be allocated by the Prime Minister (always a member of the House of Commons, and limited to two terms as Prime Minister) to those thus elected. No caucus to have more than one Minister in any one Department. Any sufficiently large caucus which refuses to participate to be replaced with the next largest in terms of numerical strength in the House of Commons.

In each House separately, every caucus to elect a number of members to each Select Committee proportionate to its strength in that House. Select Committee Chairmen to be elected by secret ballot of the whole House. Select Committees to have power to propose amendments to legislation, and to introduce legislation of their own, within their respective policy areas. Restoration of the situation whereby any Bill is lost of it runs out of time in either House at the end of a parliamentary session.

Scotland, Wales, Northern Ireland and each of the nine English regions (with their boundaries adjusted in line with the county boundaries used to elect the Senate) to elect six unpaid and politically independent Tribunes, for fixed terms of six years. In each area, two Tribunes to be elected by and from among voters in social groups A and B, two by and from among voters in social groups C1 and C2, and two by and from among voters in social groups D and E. Each voter to vote for one candidate by means of an X, with the two highest scorers declared elected at the end. The county areas used for electing Senators to be grouped into nine groups of eleven from the most urban to the most rural, with two further Tribunes to be elected as above by each of the three categories in each of the nine groups.

Each candidate for Tribune to have a tax-free campaigning allowance out of public funds, conditional upon matching funding by resolution of a membership organisation. The name of that organisation to appear on the ballot paper after that of the candidate. A ban on all other campaign funding, and on all campaign spending above twice that allowance.

Any forty-two Tribunes to have the power to require that, before being submitted for Royal Assent, the final text of any Bill be confirmed by a resolution of at least five hundred Senators (except for Money Bills) and at least five hundred MPs (for all Bills).

Each person first elected as an MP, a Senator or a Tribune to name as Guardians of the Realm (GRs) five constituents and five others (or ten constituents in the case of Senators elected by the whole country, who would be required to name one resident in each of the ten areas set out below for use in electing BBC Trustees and others). And Guardians of the Realm to be unpaid, to be politically independent, to hold office for life, and to protect moral and spiritual values, with any third of them having the same power as any forty-two Tribunes.

These reforms would restore the very purpose of Parliament, and require it to sit with decent frequency. They would challenge the authority of the House of Commons precisely by challenging it to exercise and to guard that authority. They would guarantee representation to the natural communities still given ceremonial, but often no other formal, expression.

They would ensure that there were never fewer than six parties in Parliament, that a dozen or more parties (none of them the present ones) could flourish in practice, that Independent voices were heard, that any party or other grouping having significant representation in the House of Commons was represented in government unless it chose otherwise, that that representation in turn reflected that party’s or grouping’s internal diversity, that any party or other grouping desiring such importance would require substantial support in every part of the country, and that no one could any longer make frivolous or malicious use of money in order to disrupt or demean the electoral process.

They would require candidates to have strong local bases and strong ties to wider civil society, the former in order to secure selection or re-selection, the latter in order to secure funding. They would compel parties both to choose Leaders and to formulate parties acceptable to mainstream public opinion. They would give real power to individual parliamentarians and to Select Committees. And they would necessitate that legislators take into account the potential impact of their proposals on all classes, and on all areas from the most urban to the most rural, informed by necessary attention to the wide variety of moral and spiritual values held in the population at large.

The United Kingdom is one of the world’s most pluralistic societies, and accordingly has one of the world’s most critical (including self-critical) cultures. It therefore needs and deserves a pluralistic and critical (including self-critical) Parliament and Government, and pluralistic and critical (including self-critical) institutions generally, among them pluralistic and critical (including self-critical) political parties.

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