Constitutional Crisis to the present - 1929 to date


“I don’t know exactly what democracy is.   But we need more of it.”
Margaret Thatcher            


 The General Election of 1929 was the first election fought in Britain under universal suffrage, men and women participating on an equal basis.   The Tories had a small majority of votes – 8,656,228 to Labour’s 8,370,417, but due to our electoral system Labour had more seats, 287 to the Tories 260.   One reason for this was a slight revival of the Liberal Party, which got 5,308,738 votes and 59 seats.   Labour, under the leadership of Ramsay MacDonald, formed the Government.
In the General Election of 1929 we saw once again the distortion of our politics.    There was one Liberal MP for every 91,000 votes, one Conservative for every 34,000 and one Labour member for every 28,000.   More than 5,000,000 electors voted for the Liberal Party, 23.4% of the electorate, but they only had 59 MPs elected.   This is clearly unfair and unrepresentative.   Labour improved its share of the poll at every election between 1910 and May 1929, yet because of the distortions caused by our electoral system there was a Labour Government in January 1924 but the Party went into opposition again in the following October.
At the end of the 1920s the World was in serious economic depression.   By 1931 the Labour government had reached deadlock over a response to the crisis.   It was a crisis for which no Party had a simple solution.   The Labour Cabinet was not willing to make the cuts that the Civil Service advised them to make.   MacDonald was encouraged to form a National Government including all three main political Parties to deal with the financial crisis.
The decision of MacDonald to form a coalition with the Conservative Party led Labour to expel him.   Arthur Henderson replaced him as leader.   MacDonald and a small group of supporters then formed the National Labour Party.  
The split in the Labour party persuaded MacDonald that a quick election was necessary.   The Liberal’s leader, David Lloyd George urged his colleagues to withdraw from the National Government.   However, the majority of Liberals, led by Sir Herbert Samuel decided to remain in the National government.   One of the main issues was the Conservatives’ wish to introduce protectionist trade policies.   This not only divided the government from the opposition but also divided the parties in the National government. The National Liberals were happy to support the Conservative trade policies.   The Liberals led by Lloyd George preferred to campaign in defence of free trade.
 In a desire for the new Government to have democratic legitimacy the Conservatives argued that they should seek a mandate from the electorate and MacDonald agreed with them. 
The General Election held on Tuesday 27th October 1931 was the last General Election not to be held on a Thursday.   It was also the last General Election, and the only one ever held under universal suffrage, where one party received an absolute majority of the total number of votes cast.   The King even intervened by calling for members of his household to vote for the government – an unwise but successful intervention.   The distortion in the result of this election caused by the First Past the Post system of voting was greater than ever.   The Conservatives with 473 seats had 55% of the votes, but 76.4% of the seats.   Labour with 52 seats had a miserly 8.5% of the seats but received 30.8% of the votes.   The many other factions split the seats and votes between themselves.   Others got 90 seats being 14.6% of the seats with 13.1% of the votes.   The House of Commons now had 615 seats.
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The miracle of this World economic crisis is that our political system survived while most other European countries did not.   The other interesting fact is that in two major crises, World War I and the World economic crisis, coalition governments were formed.   In difficult times everyone works together.   The argument that for strong government you need a First Past the Post system of election does not stand up.
Due to the previous Labour government's failure to tackle the economic crisis, the Labour vote fell sharply, and the Conservatives, led by Stanley Baldwin, won a huge majority, although by agreement with the Conservatives the Prime Minister of the resulting National Government was Ramsay MacDonald.   Lloyd George’s Liberals lacked the funds to contest their usual number of seats, but won almost as many as the Labour Party.   The public response to the National Government demonstrates how bad the crisis was thought to be and how they felt the Government deserved national backing.

There is always a danger that severe economic problems will cause unrest and the Thirties were no exception in the United Kingdom.   The rise of Sir Oswald Mosley’s black shirts could have been the start of a Fascist uprising.   Although the law rightly protects freedom of association, experience in Germany in the thirties showed that the processes of democracy could be undermined with the help of the mob in the streets.   Similar violent and provocative action in England led to the passing of the Public Order Act, 1936, which makes it an offence to carry any offensive or unauthorised weapon at any public meeting or procession, bans political uniforms, and gives the chief of police power to re-route a procession or to lay down certain conditions if he has reasonable grounds for thinking that the procession can lead to serious public disorder.   This still applies.   Democracy can only accommodate democratic methods.
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A major constitutional crisis developed in the 1930s.   King George V died in 1936 and was succeeded by his son Edward VIII.   Edward wanted to marry Wallis Simpson, an American, who had been divorced from her first husband and was married to a London stockbroker.   In October 1936 Mrs. Simpson was granted a divorce from her second husband.
It was an agonising dilemma for the king, particularly when the whole affair was reported in the papers on 3 December.   There was some support for him in the country; many people, including Churchill and Mosley, and the powerful newspaper owners, Beaverbrook and Rothermere, believed that he ought to be allowed to marry whoever he wanted.   But the majority opinion supported Baldwin and the government; the Archbishop of Canterbury, Dr. Lang was against the marriage on the grounds that the king, as Head of the Church of England, ought not to marry a divorcee. "Mastering Modern British History" by N. Lowe.
This issue highlights one of the dangers of having an established Church.   Religious discrimination still existed in the United Kingdom.   A similar situation arose in 2005 when Prince Charles, heir to Queen Elizabeth II wished to marry Camilla Parker-Bowles, who had been divorced from Andrew Parker-Bowles.   Although divorce is legal within the United Kingdom Prince Charles was in line to become King and Head of the Established Church.   The Church still had influence.   This time it was allowed – a small, but important step forward to eliminating discrimination from our democracy.
In Edward VIII’s case, he  hoped that Mrs. Simpson could marry him and remain a private citizen, without becoming Queen, a morganatic marriage.   A morganatic marriage is that of a man of high rank and a woman of low rank who retains her former status, their children having no claim to the father’s possessions or title.   This is so demeaning and sexually discriminating as well.   The cabinet refused this, so Edward decided that he must abdicate the throne.   On 11 December Edward VIII abdicated and was succeeded by his brother George VI.

The big current question as yet unanswered is: When Prince Charles takes the throne will Camilla become Queen?   Lawyers will have a field day.
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 Democracy was put on hold in the Second World War, as in the First World War, with the suspension of by-election contests, allowing the incumbent Party to nominate a successor in the event of a parliamentary vacancy.   Was this really necessary?   Wars are notorious excuses for restricting freedom and democracy.   It was therefore significant that in a speech in 1943 the Prime Minister, Winston Churchill said:
 “…the great principles of habeas corpus and trial by jury… are the supreme protection by the British people for ordinary individuals against the state.   The power of the executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him judgement by his peers for an indefinite period, is in the highest degree odious, and is the foundation of all totalitarian governments.   Nothing can be more abhorrent to democracy.   This is really the test of civilisation.”
 Today, we would fail this test of civilisation.   Under anti-terrorist legislation passed by Tony Blair’s Labour government suspected terrorists can be held without charge for up to 28 days.   There were proposals to extend this to 42 days.   This is the worst breach of habeas corpus of any nation in the Western World.   This legislation was passed by Parliament and clearly demonstrates that we are capable of voting our freedoms away.   It is argued that war is exceptional and we are currently in a war on terrorism but if we give up the principles of our constitution they stop being principles and start being expedients.

Changes in constituencies made necessary by shifts in the population were allowed for by the House of Commons (Redistribution of Seats) Act, 1944, which set up four Boundary Commissions to report regularly.   This followed The Speaker’s Conference of 1944 which was crucial to the development of the territorial representation in Westminster, as it led to the institutionalisation of the over-representation of Scotland and Wales within the modern boundary review system.   This was an appalling attack on democracy for it meant that the value of your vote depended on where you lived.   With the use of modern technology such as the Internet, telephone, video conferencing etc., there is no reason why constituencies should not be approximately equal in the number of voters they have.   After devolution the over-representation of Scotland has been addressed but Wales is still over-represented having 40 seats whereas its population only justifies 33 seats on a proportionate basis. 
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The General Election of 1945 produced a Labour Government with a majority of 156 in the House of Commons.   The House of Lords was still dominated by the Conservative Party.  Only a small number of peers took the Labour whip. Indeed, there were only 16 Labour peers out of a total of 831 voting peers.   This imbalance posed a considerable strain on the relationship between the two Houses.   During the Government of 1945-1951, the then Viscount Cranborne, Leader of the Opposition in the House of Lords (and fifth Marquess of Salisbury from 1947) and Viscount Addison, the Labour Leader of the House of Lords, came to an agreement on the passage of major pieces of Government legislation through the House of Lords.   Viscount Cranborne described his perspective on the agreement in the House of Lords debate on the King’s Speech of 1945, in which the Government’s legislative agenda was being considered: “Whatever our personal views, we should frankly recognise that these proposals were put before the country at the recent General Election and that the people of this country, with full knowledge of these proposals, returned the Labour Party to power.   The Government may, therefore, I think, fairly claim that they have a mandate to introduce these proposals. I believe that it would be constitutionally wrong, when the country has so recently expressed its view, for this House to oppose proposals which have been definitely put before the electorate.”
 Since that time, the doctrine known as the “Salisbury Convention” has come to imply that the House of Lords should not reject at second or third reading an intention to legislate mentioned in the Government’s election manifesto.

 The Salisbury Convention of 1945 prevents the second chamber from obstructing legislation in the governing party’s manifesto.   It has much to commend it, but it is questionable whether it need always apply in a situation where the second chamber is representative to a considerable degree of public opinion.   It seems desirable to prevent circumstances developing where a government’s programme could be held up for its first year of office.   
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The United Nations was formed in 1945.
In 1948 the United Nations approved the Universal Declaration of Human Rights, guaranteeing all people in all countries their basic rights.   The issue of human rights and responsibilities is the subject of much debate today.   Should they be part of a written constitution or should we rely on Parliament to always take the necessary measures to defend them?   This is a major issue, which still has to be resolved.
The Representation of the People Act, 1948 abolished the business premises qualification to vote and the university seats.   Ironically if Labour had retained the university seats today, they could have been very useful to them.   Henceforth nobody could enjoy more than one vote.   The remaining double-member constituencies were abolished. With the abolition of the University seats the last remnants of proportional representation in the House of Commons disappeared – a setback for democracy.
In his pamphlet “Fear of Voting”, published in 1994, Jerry White showed that in the 1890s Londoners elected 12,000 citizens to serve on councils, boards and committees.   They ran the capital’s health, education, welfare and transport.   White says, “1946-48 represented the most important reduction in local government functions in history and an unparalleled centralisation of government power”.   Health, electricity, gas and social security were all removed from local government at that time.   By 1994 a similar number of about 12,000 Londoners still sat on boards administering local services in the capital, but in 1994 only 1,914, were elected.   The great majority of these were appointed, mostly by central government.   Democrats were replaced by bureaucrats.   Much of the centralisation took place under the Thatcher government of the 1980s, including the abolition of the Greater London Council.
With the Labour Party in power a bill was introduced in 1947 to weaken the delaying power of the Lords.   The Parliament Act 1949 simply reduced the period of delay to one year spread over two sessions from the second reading in the first session to the third reading in the second.   Talks between the Party Leaders were held over the composition and powers of the House of Lords, but they broke down without agreement.
Doubts have been expressed about the 1949 legislation because the 1911 Act was used to push its successor through.   Unlike the 1911 Act the later version was never agreed by the Lords.
Constitutional experts such as Lord Donaldson, former Master of the Rolls, have questioned whether the 1911 Act can be used to amend its own terms and so unilaterally enlarge the powers of the Commons.   The legal objection is that legislation passed under the Parliament Acts is delegated, not primary legislation.   It is recognised as a constitutional principle, that a delegate cannot enlarge its power at the expense of the delegating authority; in other words, the Commons cannot reduce the powers of the Lords on its own.

The 1949 Act has been invoked four times: on fox hunting (2004), equalisation of the age of consent (2001), proportional representation for the European Parliament (1998) and the War Crimes Act (1991).   On three of these occasions it was a Labour government which invoked the Act.   Its predecessor the 1911 Parliament Act was only invoked three times, including once to force through the 1949 Act.
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  Labour’s Ireland Act (1949) established a separate Protestant State in the six counties of the North, in spite of a mass revolt on the Labour benches and the sacking by Attlee of four parliamentary private secretaries. The Act was passed in response to the action in the Republic of Ireland to allow its membership of the Commonwealth to lapse.   The Act allowed the citizens of the Republic not to be treated as foreigners.   This was an extraordinary piece of legislation, in effect giving foreigners votes in electing MPs to the United Kingdom Parliament.   This means that foreigners can determine the legislation of the United Kingdom without having any responsibility for the effect of that legislation.   This electoral anomaly still exists today.   It is democracy gone mad and needs to be changed.
 In 1950 the Conservative Party looked at the possibility of proportional representation.  
 Harold Macmillan in his book “Tides of Fortune” convinced of the need for an alliance with the Liberals saw “a great deal to be said, in principle, for an experiment in Proportional Representation, limited to the big cities.   It could do no harm and might do good”.   Churchill was favourably disposed to it and, according to Nigel Fisher in his book Harold Macmillan, made a moving but unsuccessful appeal to the 1922 Committee to be allowed to pursue an agreement along these lines.

The Life Peerage Act, 1958 permitted men and women Life Peers to be created on the advice of the Prime Minister (who consulted with the Leader of the Opposition where appropriate).   This was the first time women were allowed to sit and vote in the House of Lords.   From the reign of James I to that of George II (between 1603 and 1760), 18 life peerages were created for women.   Women, however, were incapable of sitting in the House of Lords, so it was unclear whether or not a life peerage would entitle a man to do the same.   Introducing the Bill the Conservative Leader of the House raised a laugh when he said “taking women into parliamentary embrace is, after all, only an extension of the normal privileges of a peer”.   It was also suggested that expenses be paid to peers.   A daily allowance was introduced.
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In 1960, an incident happened which was, in a small way, to change history.   Tony Benn had been a Labour MP for ten years when his father Viscount Stansgate died.   Benn was debarred from the House of Commons on succeeding to his father’s title.   He wanted to remain a member of the House of Commons.   He did not want the title.   A by-election was called in his constituency of Bristol South-East which Tony Benn insisted on fighting.   He won by a massive majority creating an unprecedented constitutional position.   The Crown Office issued a statement saying “Member returned from Bristol South East, Anthony Neil Wedgwood Benn”.   With this statement in his hand Benn went to the House of Commons where the doorkeeper held up his hand and said “You cannot enter, Sir”. So the people were denied their representative.   However the publicity and support given to Benn meant that a change to the law became inevitable.
The Peerage Act, 1963, allowed (a) peers and peeresses in their own right to disclaim their titles for life and stand for the House of Commons, and (b) Hereditary Peeresses in their own right to sit in the House of Lords.   This was a small step on the road to equality.   All Scottish peers were allowed to sit in the House.   This Act, together with the Life Peerage Act of 1958 had huge implications for the House of Lords.   Ironically, it was perhaps the beginning of the end of the hereditary peerage.   Within forty years there would only be a nominal number of Hereditary Peers.   The House of Lords would consist almost entirely of appointed Life Peers, the majority of which were appointed by one Prime Minister.
The Race Relations Act of 1965 made racial discrimination illegal.
The Representation of the People Act 1969, which took effect from January 21 1970 lowered the age of voting from 21 to 18 years of age.

A Select Committee on Member’s interests was set up in May 1969 under the Chairmanship of Labour MP George Strauss.   It reported “That it is contrary to the usage and derogatory to the dignity of this House that a Member should bring forward by speech or question, or advocate in this House or among his fellow Members any bill, motion, matter or cause for a fee, payment, retainer or reward, direct or indirect which he has received, is receiving or expects to receive.” 
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The Conservative Party won the General Election in 1970.    The Conservative Manifesto “A Better Tomorrow” said:
If we can negotiate the right terms, we believe that it would be in the long-term interest of the British people for Britain to join the European Economic Community, and that it would make a major contribution to both the prosperity and the security of our country.  The opportunities are immense.   Economic growth and a higher standard of living would result from having a larger market.
 But we must also recognise the obstacles.  There would be short-term disadvantages in Britain going into the European Economic Community which must be weighed against the long-term benefits.   Obviously there is a price we would not be prepared to pay. Only when we negotiate will it be possible to determine whether the balance is a fair one, and in the interests of Britain.
Our sole commitment is to negotiate; no more, no less.   As the negotiations proceed we will report regularly through Parliament to the country.
A Conservative Government would not be prepared to recommend to Parliament, nor would Members of Parliament approve, a settlement which was unequal or unfair.   In making this judgement, Ministers and Members will listen to the views of their constituents and have in mind, as is natural and legitimate, primarily the effect of entry upon the standard of living of the individual citizens whom they represent.
The United Kingdom applied to join the European Communities (often called the Common Market) in 1971.   The Prime Minister Edward Heath conducted the negotiations.   The Treaty signed by Heath committed the United Kingdom to comply with 13,000 pages of legislation already enacted and to comply with all future legislation passed by the European Communities.   It also subordinated the United Kingdom courts to a higher court in Europe against which there was no appeal.
Following the signing of the Treaty the government launched a huge propaganda exercise and in July 1971 published a white paper called “The United Kingdom and the European Communities”.   A shortened version of this was sent to every household in the kingdom.   The paper stated that:
"There is no question of Britain losing essential national sovereignty; what are proposed are a sharing and an enlargement of individual national sovereignties in the economic interest”.

 Despite the ambiguous insertion of the word “essential”, the government was fully aware that signing the treaty would involve an immense diminution of Britain’s “sovereignty”.   Among the documents, which came to light in 2001 under the 30-year rule, was a long confidential paper prepared for the Foreign Office in 1971 analysing “the implications for British sovereignty of entry into the European Communities”.   This concluded that entry would result in very substantial restraints on Britain’s powers of self-government, and that over the years this would become ever more obvious.   Presciently, the paper also predicted that people would become increasingly alienated from government as it became more bureaucratic and remote, with ever more decisions being taken in Brussels and ever more power being exercised by unelected officials.   While recognising this, the paper’s chief concern was with how these “public anxieties” masquerading as concern for “loss of sovereignty” might be allayed.   Various remedies were suggested, such as giving more power to the European Parliament, creating new mechanisms whereby Parliament could scrutinise Community legislation, and strengthening “regional democratic processes”.   It was also suggested that these problems would only become fully evident many years into the future, possibly not until “the end of the century”. "The Great Deception" by C.Booker & R. North
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  Under the Conservative Prime Minister, Edward Heath, the United Kingdom joined the European Economic Community on 1st January 1973.   Support for membership had grown within the Conservative Party and most daily newspapers favoured entry.   Within the Labour Party, however there was threatening opposition.   In the House of Commons Harold Wilson opposed entry on the terms negotiated by the Government.
  The impact of joining the European Economic Community had a huge impact on our democracy the effects of which only came to light as the years passed.   Our Constitution was changed dramatically and yet the British people had no say in the matter.   In spite of the Conservative manifesto saying: Our sole commitment is to negotiate; no more, no less, there was no referendum at which the people would be consulted.   It highlights the dangers of an over powerful Prime Minister within the British constitution.
  Meanwhile violence once again raised its ugly head in the politics of Ireland.   Many thought that the Irish problem had been solved with partition in 1922.   It had not.   At the end of the 1960s civil rights marches took place in Northern Ireland organised by the Campaign for Social Justice.   This Campaign grew into the Northern Ireland Civil Rights Association.   Time and time again the minority Catholic community found themselves discriminated against.   They were subjugated by a Protestant majority elected under First Past The Post which refused to recognise the rights of a substantial minority.   The voting system left the Catholics under represented and out of power.   It was the catalyst for a dramatic rebellion.   The consequence of disempowering people was a generation of violence.   Northern Ireland is a classic illustration of what can happen when democracy fails.
Disturbances continued in Ireland where the British army soon found itself in the impossible situation of trying to prevent Catholics and Protestants slaughtering each other while at the same time having to endure attacks from the IRA and another group calling itself the Provisional IRA.   The government decided to suspend the Northern Ireland parliament and bring the province under direct rule at Westminster.   When early in 1974 a new coalition government was set up in which the Catholics had more say than ever before, Protestant extremists organised massive strikes which quickly paralysed the country; after only a few weeks parliament was again suspended."Mastering Modern British History" by N. Lowe.

The Ulster Unionists broke away from the Conservative Party and when the General Election was called stood on their own platform.
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The General Election of February 1974 once again highlighted the distortion of the electoral system.   With a poll in excess of 6 million votes and more than 19 per cent of the total votes cast, the Liberal Party had only 14 MPs elected.   It took 432,000 votes to elect each Liberal MP, but just 40,000 and 39,000 respectively for each Conservative and Labour MP.   With 200,000 more votes than Labour, the Conservatives had four fewer MPs.   The final figures were Labour 301 seats (47.4%) votes cast 37.2%, Conservatives 297 (46.8%) votes cast 37.9%, and Liberals 14 (2.2%) votes cast 19.3%, Nationalists and others 23.
The Conservative Government fell and the Labour Party with Harold Wilson as Prime Minister took office.  A referendum was held (5th June 1975) to find out whether the British people wished to remain in the Common Market.   The result was decisive: 67.2 per cent of those who voted favoured continued membership – 17,378,571 votes for and 8,470,073 votes against.   This was an exercise in democracy although the difference in the amount of funds which the different campaigns had to spend was very large, with the “Yes” campaign better funded.   The European Movement in favour of remaining in the Common Market spent £1,850,000.   The “No” campaign spent £133,000.   This discrepancy was to lead later to reform in the conduct of referendums to make them fairer.
In 1977 the Liberal Party and the Labour Party formed a pact which lasted for eighteen months.   But when:
Labour MPs declined to back proportional representation for the European Elections, many Liberals, who had regarded this as the one tangible prize within their grasp, felt bitterly let down.   There was now no prospect of continuing the pact into a third session of parliament in the autumn of 1978. "A History of the Liberal Party" by D. Dutton
The pact was terminated.

In 1979 The Conservative Party won the General Election and Margaret Thatcher became Prime Minister.   She was unpopular at first, but after winning the Falklands War her popularity improved.
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 In the General Election of June 1983:
 The Conservative vote fell from the 1979 figure (from 13.68 million to 13.01 million), suggesting not that there was a great surge of enthusiasm for Mrs. Thatcher, but rather that the electors decidedly did not want a Labour government (Labour’s vote fell from 11.5 million to 8.5 million).   Many Labour voters and some disillusioned Tory supporters switched to the Liberal/SDP Alliance, whose 7.8 million poll was one of the most striking features of the election.   This revealed more clearly than ever before the unfairness of the British electoral system.   Labour’s 27.6 per cent of  total votes cast entitled them to 209 seats; but the Alliance, not so very far behind with 25.4 per cent secured only 23 seats.   It was the old story of the single-vote; single-member constituency system working to the disadvantage of a party which came second in a large number of constituencies.   The demand for proportional representation revived but there was little prospect of its introduction, since the Conservative government, not unnaturally, was happy with the existing system. "Mastering Modern British History" by N.Lowe.

 The Conservative Party had a massive 144-seat majority over all other parties combined winning 397 seats (61.1%) with only 42.4% of the votes.   Labour got 209 seats (32.2%) with 27.6% of the votes whilst the Liberal/SDP Alliance ended up with a miserly 23 seats (3.5%) with 25.4% of the votes.   On a strict proportionate basis the Liberal/SDP Alliance would have won 160 seats.   It is said that we live in a representative democracy but it is quite clear that Parliament does not represent the political parties in a fair way so can hardly be representative of the people.
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   During the 1980s it gradually began to dawn on the United Kingdom Parliament and the people just what it was they had signed up to when they joined the Common Market in 1972.
   To reduce the advantages exploited by the Spanish, and to safeguard the quotas for the domestic fishing fleet, the Government brought in what became the Merchant Shipping Act 1988, which altered the registration rules to require a far higher level of British involvement in the owners or managers of a ship.   Factortame, an affected company, claimed that the 1988 Act was incompatible with European law.   In June 1990 the House of Lords ruled in the company’s favour and granted an injunction ignoring or “disapplying” the 1988 Act, even though it had been passed by the British Parliament.   The ruling caused a sensation, leading Margaret Thatcher to claim that the decision “was a novel and dangerous invasion by a Community institution of the sovereignty of the UK Parliament”. "Parliament under Blair" by P. Riddell
 The 1972 Act required the domestic courts to respect the supremacy of European law. It can be argued that the Act had been entered into voluntarily, so it had not ended the sovereignty of Parliament.   This could only be properly tested if the United Kingdom decided to leave the European Union.
Effectively the United Kingdom Parliament delegated law making in certain matters to an independent body over which it had no direct control or even a formal or informal relationship.   It was able to do this on the grounds that it could repeal the Act of Parliament (the 1972 Act) that delegated the law making in the first place.   Is this democratic?
The European Commission, the Council of Ministers and in some cases the European Parliament can now make laws affecting the people of the United Kingdom which the United Kingdom Parliament has bound itself to accept, yet none of these bodies are democratically accountable to the people of the United Kingdom.   This is a bizarre arrangement, which is unsustainable in the long term in a democracy.   At some point this arrangement will fail because the people will understand what has happened demand their democratic rights.   The European Union now produces four major pieces of legislation every week, and a tide of other documentation affecting every aspect of our lives: from the way we do business to the price we pay for our food.

In a parliamentary democracy like Britain, we expect our elected MPs at Westminster to hold the Government to account, and to influence the shape of its legislation.   However, when it comes to EU legislation – which now accounts for at least half of all new laws – our Parliament has no power to affect these decisions in any meaningful way.
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The Representation of the People Act 1985 extended the franchise to British citizens resident outside the United Kingdom to qualify as “overseas voters” in the constituency for which they were last registered.   This was initially for a period of 5 years but was later extended to 20 years by the Representation of the People Act 1989 and then reduced to 15 years by the Political Parties Elections and Referendums Act 2000.    
In 1996 the Conservative Government allowed a change to the defamation laws which allowed Neil Hamilton MP to sue The Guardian during the cash for questions affair.   In a free vote the Commons amended the 1689 Bill of Rights so that MPs could waive privilege to sue newspapers over reports of their parliamentary activities.
Labour’s General Election manifesto of 1997 promised to remove the rights of hereditary peers to sit and vote in the House of Lords as the first stage in a process of reform to make the House of Lords more “democratic and representative”.
In the first stage of reform – The House of Lords Act 1999 removed some 750 hereditary peers from the second chamber.   During the Committee Stage of the Bill however, the Government accepted a crossbench amendment to include 92 hereditary peers in a transitional House until such time as stage two reform had been completed.
On House of Lords reform:
The leaders of the Tory peers knew they would lose the battle, but were determined to obtain the best terms.   Lord Cranborne, leader of the Conservative peers until November 1998 and a former Leader of the Lords, has seen himself in the Cecil family tradition of trying to defend the aristocratic interest for as long as possible.    He saw longer–term reform as being some uncertain time in the future and came up with a plan to retain a sizeable number of the active hereditary peers in the interim House, between the removal of the hereditaries and any later stage of reform.   In talks with Lord Irvine, the Lord Chancellor, and Lord Weatherill, the former Speaker of the Commons and then convenor of the cross-bench peers, a scheme was devised which preserved the core of active hereditary peers for the interim or transitional phase.   The original figure was 75, roughly a tenth of the total, but this was supplemented by sixteen officers of the House, chairmen of committees and the like.   The latter group were elected by all peers, while the 75 were elected by hereditaries in party and cross-bench groups according to their existing strengths.   In addition, all surviving former Leaders of the House who had been hereditary peers were made life peers, and other former hereditaries later returned in lists of working life peers.   The result was a classic British fudge, a change which left an institution looking remarkably as it had before.   Lord Cranborne’s negotiations with Lord Irvine, also involving visits to Downing Street, went well beyond what the Conservative shadow cabinet had agreed and Lord Cranborne was sacked for insubordination.   However, Lord Strathclyde, his successor and a former Chief Whip in the Lords, honoured the spirit of the deal which kept so many of his active hereditary colleagues in the upper House for an indefinite period. "Parliament under Blair" by P. Riddell
The then Lord Chancellor, Lord Irvine of Lairg, described the agreement on reform as “binding in honour”.   So far there has been no stage two leaving Britain with an almost wholly appointed second Chamber.   By the end of his Premiership Tony Blair had appointed over half the members of the House of Lords.

Over the last 100 years the powers of the House of Lords have been reduced.   In 1911 they lost power over money Bills.   In 1945 the Salisbury Convention was introduced implying that they should not reject legislation mentioned in the governing party’s manifesto.   The Parliament Act 1949 reduced the delaying powers of the Lords to one year.   As the House of Lords is an undemocratic body, this reduction in power was good for democracy.   However, the fundamental undemocratic principle behind the unelected House of Lords has not changed for the better.   From a hereditary situation we have moved to an almost wholly appointed House of Lords, with all the trappings of patronage that this entails.   This is worse for democracy.
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In October 1998 the House of Lords voted for the Open List system of proportional representation for elections to the European Parliament.   The Labour government wanted a Closed List.   The Bill was then subjected to “Ping-Pong” between the Houses, until on 19th November the Lords refused to back down for a third time, and the Bill was lost.   However the Leader of the House of Lords, Baroness Jay, told Peers that the Bill would be introduced in the next session of 1998-1999 under the Parliament Acts.   It had to achieve Royal Assent by mid-January 1999 in order for the new system to be implemented in time for the 1999 European Elections.   The new Bill, identical to its predecessor passed all its Commons stages on 2nd December.   The Bill was then rejected outright by the House of Lords on 15th December and so in accordance with the Parliament Act became law in January 1999.   The new closed regional list system was used for the first time in the European Parliament elections of 1999.
Democracy was the loser in this episode.   No longer did a voter have the right through their vote to be able to elect an individual to represent him or her, or to get rid of a representative he or she no longer wished to support.   Now the only vote was effectively for a Party, and a candidate at the top of the Party list was almost certain to be elected no matter whether they were good, bad or indifferent.
For the European Elections Northern Ireland was treated differently from the rest of the United Kingdom.   It elects its representatives to the European Parliament using the Single Transferable Vote system of proportional representation.   It is extraordinary and certainly undemocratic that two different systems of election are used for election to the same Parliament.

The Human Rights Act was passed in 1998.   This Act made the European Convention on Human Rights enforceable in UK courts.
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On 1st July 1999 extensive powers were devolved to the Scottish Parliament and the Welsh Assembly.   Devolution to the Northern Ireland Assembly and Executive took place on December 2nd 1999.
The devolution of powers to the Scottish Parliament created the “West Lothian Question”.   This results in Scottish MPs continuing to vote on legislation that affects England and Wales, and on which English, Welsh and Scottish MPs no longer have any say in Scotland.    This had immense constitutional importance.   Many believe that it was the first step to the creation of a Federal United Kingdom or even to a break-up of the United Kingdom.
The problems were highlighted during the votes on Foundation Hospitals in November 2003 and on university top-up fees in January 2004 when the Prime Minister used Scottish MPs to force through unpopular policies for England for which there was no majority among English MPs.   This was despite the fact that these were devolved issues in Scotland and the Scottish Parliament had made clear that it had no intention of following the English legislation.
The Conservative Party proposed that, following a resolution of the House of Commons, the Speaker should have the power to designate Bills or Clauses “England and Wales only” after which only MPs representing English constituencies should be able to vote on them.

With devolution the case for Scotland to have a higher proportion of seats per population than England disappeared.   The Boundary Commission for Scotland therefore produced a plan in 2003 in which there would be 59 constituencies, reduced from 72.   In 2004, the Government passed the Scottish Parliament (Constituencies) Act 2004 which instituted these changes.   This took effect in the General Election of 2005.
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Postal voting had been introduced in 1918 to allow the servicemen returning from the war in Europe to vote.   Over the years it was extended to people who were unable to vote at polling stations because of poor health or disability, absences for work reasons, and from 1985, even absences on holiday.   However up until 2000 postal voting was only an option for those who could give a reason for not being able to vote in person at a polling station.
This changed with the Representation of the People Act 2000.   A change in postal voting was introduced before the 2001 general election.   Rather than an applicant needing to give a reason for requiring a postal vote, postal votes were made available on request, no questions asked.
There is no doubt that postal voting increased the turnout in the local elections in June 2004, even if questions remain over the size of the increases, but the major concern was the number of allegations of fraud and the intimidation of voters.
The problems in postal voting in 2004 were not new – electoral fraud has a long history and many had predicted that a change to postal voting would increase the risk of things going wrong and people doing wrong.   These risks fall into three categories:
1.        The risk of reliance on the postal service.
2.        The risk that a ballot paper, by accident or design, gets into the hands of, and is used by, someone other than the elector for whom it was intended.   Often a householder fills in the forms for all the voters in the house; and
3.         The risk that the secrecy of the ballot might be compromised.
A few weeks before the 2004 elections it was reported that 6 million letters or packages are stolen or damaged each year and 8.5 million are lost or delivered late.   However while lapses by the postal service are unlikely to be politically motivated, the same cannot be said about the second category of risk, i.e. that of a ballot paper being used by someone other than its rightful owner.   Even in a polling station there is some danger of “personation”, but each fraudulent vote requires the offender to visit the polling station with the risk of being identified as an impostor.   But if the fraudulent vote is cast by post the chances of the culprit being identified are very slim.
At one end of the scale of gravity, a member of a household might decide to be “helpful” in completing the ballot papers of others who are away from home or simply not interested in voting.   In other cases use might be made of ballot papers sent to people who have recently died or moved home.   More serious offences can arise when bundles of ballot mailings are pushed into the communal letterbox of a block of flats and gathered up by the first person that finds them.
The third category of risk – that the secrecy of the ballot might be compromised – is however a much more difficult one to deal with.   Voters who do not vote in the privacy of polling booths may vote in the presence of a dominant family member who can exert undue pressure on the voter, or of an enthusiastic canvasser who goes well beyond acceptable persuasion in showing an elector how to vote.   At the more sinister end of the scale, there is a danger of voters being intimidated and threatened with violence or other retribution unless they voted as directed.   No longer can we be certain that the voter has been able to freely cast their vote.
There is also a danger of votes becoming saleable commodities.   There is little point in bribing a voter who can take the money and do as he or she pleases in the privacy of a polling booth, but it is another matter when the act of voting can be observed.   When local elections can be won with relatively small numbers of votes and the rewards of office are not inconsiderable, the temptations of corruption pose a real threat to the integrity of our elections.   There have recently been major cases of postal vote frauds in Birmingham and in Slough

There was a small but important Act passed in 2001, which said that a person is not disqualified from being or being elected as a member of the House of Commons merely because he has been ordained or is a minister of any religious denomination.   The House of Commons (Removal of Clergy Disqualification) Act 2001, reduced religious discrimination; a welcome development.
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In the 2005 General Election Labour won an overall majority of 66 seats, or 55.1% of seats with 35.2% of the vote.   No majority government in history has ever rested on a flimsier base of public support.   A Commons majority has enormous power.   For almost a hundred years the case for electoral reform has become stronger with each successive election.
Labour’s share of the vote in 2005 can be compared unfavourably to the support enjoyed in past elections by losing parties.   Attlee’s share of the vote in 1955 when Eden’s Conservatives won a majority of 58, comparable to Blair’s majority in 2005, was an amazing 46.4%.   Blair’s winning 35.2% in 2005 is scarcely higher than Neil Kinnock’s share of the vote in 1992 (34.4%) and less than Jim Callaghan scored in 1979 in his unsuccessful bid for a third Labour term (36.9%)
The government’s level of support among voters is therefore small.   But taking the electorate as a whole, the proportion of eligible people who cast a vote to return the government is extremely small – only 21.6%, or 9.6 million out of an electorate of 44.4 million.   In terms of votes actually cast for Labour, this is the lowest total of any post-1945 election with the single exception of 1983.   The Government in the United Kingdom has a lower share of the vote of the electorate than any country in Europe with the exception of the Baltic States.
Turnout at 61.3% recovered a little from the depths it had reached in 2001 in spite of the wide extension of postal voting.   But there is little consolation in this being the second worst turnout since 1918, when many seats were uncontested.
In 2005 the Conservatives with 198 seats were slightly under represented, in that if they had won seats exactly in proportion to their total vote they would have won 208.   The Liberal Democrats had many fewer seats (62) than their share of the vote among the electorate justified – an exactly proportional distribution would have given them 142.   Labour was massively over-represented: a proportional allocation would have given them 227 seats rather than 356.
In terms of votes per MP, Labour required 26,877, Conservative 44,521 and the Liberal Democrats a massive 96,378.   Even worse than the Liberal Democrats the Ulster Unionists only got 1 MP for the 127,414 votes cast for them.
Only 34% of MPs were elected with over half the vote in their own constituencies, the lowest proportion in history.   Nine MPs were elected with less than 35% of the vote in their constituency.

Because of the generally low turnout no MPs polled a majority of the electorate in their own constituency or even came particularly close.   Only three polled more than 4 voters out of every ten registered.   At the other end of the scale three MPs had less than 20% of the electorate.   In Poplar and Canning Town the winning Labour candidate polled just 18.36% votes of the electorate.
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In England Labour have 92 more seats than the Conservatives in spite of them polling over 60,000 fewer votes in England.   The Conservatives suffered even worse treatment in Scotland than they did in England.   They polled nearly a sixth of the vote but had only one MP out of 59 to show for their pains.
In several regions of England the results were extremely unrepresentative.   The worst case is probably the 1.1 million Conservative voters in the metropolitan counties outside London who elected only 5 MPs.
On the basis of the 2005 results if 14,367 voters in the most marginal constituencies switched from Labour to their nearest competitor, Labour would lose its majority in the House of Commons.   The figure is put in context when you consider that over 400,000 citizens of the Irish Republic have a vote in a United Kingdom General Election.
In the 2005 General Election the total number of ethnic minority MPs rose to fourteen, twelve of whom were Labour and two Conservative.   The first ethnic minority MP to be elected was Dadabhai Naoroji, who was the Liberal MP for Finsbury Central from 1892 to 1895.   The first Conservative ethnic minority MP to be elected was Mancherjee Bhownaggree (later Sir Mancherjee) who was Member for Bethnal Green North-East from 1895 to 1905. They were followed by Shapurji Saklatvala who was a Parsi born in Bombay, and represented Battersea North for Labour in 1922 - 1923 and as a Communist 1924 – 1929.
It is extraordinary that since 1945 the first MPs from ethnic minorities were not elected until 1987: Diane Abbott (Hackney North & Stoke Newington), Paul Boateng (Brent South), Bernie Grant (Tottenham) and Keith Vaz (Leicester East).   Diane Abbott was the first black woman MP.   Ethnic minorities make up about 7% of the population, yet within the House of Commons they are only 1.8% of the House.
In order to overcome the clear unrepresentative nature of the House of Commons it has been suggested that an MP’s vote in the House of Commons should be weighted according to how many votes he or she got.   However such a system could turn into a bureaucratic nightmare.

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