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Posts Tagged ‘Ken Clarke’

House of Cards (and Liberals)

In Government Spotlight, Home Affairs, Parliamentary Spotlight, Party politics on July 30, 2011 at 12:13 am

By polarii for The Daily Soapbox

With silly season on the horizon,will David Cameron and Nick Clegg take, like the Daily Soapbox, a new layout?

KEY: Name, Position, Party, Likely Movement: Comment

David Cameron, PM, Con, No Change: The only chance of movement here is personal tragedy or palace coup. Neither seems likely; having led the Conservatives back to government, and seeing their vote hold up in the polls, and being rated highest of the three party leaders, any dissidents in the party will likely be quelled. Read the rest of this entry »

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This climbdown is liberal, not Conservative

In Events, Home Affairs, Ideology, Judicial Spotlight, Law And Order, Party politics, The Media on June 21, 2011 at 11:53 pm

David Weber

I respect Ken Clarke, as a politician and more importantly as a political thinker, but some of his reforms weren’t liberal, just as much as they weren’t Conservative. At the heart of the Legal Aid, Sentencing and Punishment of Offenders Bill was a scandal, one which should have been obvious even underneath the noise and fury that erupted over Clarke’s ill-informed comments about rape, but has still gone largely uncommented on, which is deeply troubling. I refer to the damage that would have been done, to a fundamental principle of justice, by the proposal to cut sentences by as much as 50% in return for an early guilty plea.

This is precisely the proposal which the Guardian, in a typical bout of sheer missing the point, described as “a sensible move to relieve the pressure on Britain’s creaking courts”. The latter may be true, but the policy can only be described as sensible from a cold, bureaucratic, and morally corrupt perspective, the perspective of those who care nothing for justice and everything for money above all else.

Has the Guardian considered the stigma which is already attached to being falsely accused of a crime — particularly the most serious and horrifying of crimes? Has it occurred to the sadly anonymous writer of its editorial that there are already numerous incentives for the accused to plead guilty, not out of honesty, but as a gamble for the sake of an easier future? It should have, for such nightmares are frequently reported, and even more frequent in real life. Not only does plea bargaining already exist, but it actually goes far too far. In reducing the cost of justice it perverts the cause of justice, bargaining away the right to a fair trial. “Innocent until proven guilty” becomes “do you want to risk being proven guilty?” Far from it being “sensible” to increase plea bargaining, it would actually be “sensible” to abolish or at least reduce it — at least from a perspective of moral sensibility.

One would hope that it is for these principled, and most definitely liberal reasons, that David Cameron et al have decided to abandon this “reform”. One has to be sceptical, particularly given Ken Clarke’s reputation for liberalism, and the association of the Liberal Democrats with his agenda for reform in the Ministry of Justice. I suspect that if No. 10 had been motivated solely by liberal principles, it would have held back from interfering with Clarke’s agenda due to a mistaken association of liberalism with the Liberal Democrats. Additional policies announced at the same time, such as a new mandatory prison sentence for certain knife crimes, are distinctly conservative in nature.

More likely is that a tipping point of unpopularity with Conservative backbenchers, and with certain parts of the general public, has been reached; and that the rewriting of Clarke’s bill is a conciliatory gesture in the aftermath of the rewriting of Andrew Langsley’s NHS bill. It is certainly true that the bill had numerous “Conservative” objections to it, not least because the halving of sentences in some cases could have led to very short sentences indeed, for very serious crimes. But this merely demonstrates that conservatism and liberalism are not always mutually exclusive, and that liberals should not be associated with a policy just because conservatives are opposed.

But despite Downing Street’s arguably cynical motivations, the u-turn on this bill is something Liberals should be thankful for, not morose. Liberal Democrats should put their party’s ego (sorry, ‘influence in government’) to one side for a moment, and actually consider if, were they not in government, they would be supportive of or horrified by this particular proposal. Then they should put that response in front of any regrets they might have about their influence in the coalition, and whether the prevailing direction is conservative or liberal, because at the end of the day, it is more important. Real lives, real injustices, are always more important.

David Cameron Welcomes New Liberal Democat to No. 10

In Home Affairs, The Media on February 16, 2011 at 5:25 pm

By polarii
Occasional satirist, TheDailySoapbox.org.uk
________________________________

The story broke earlier today, after a Downing Street source ratted the information to the Times.

Said a Conservative Party spokesman: ‘We’re delighted to add a new member to the Downing Street family. The Prime Minister has lots of experience looking after cats; Nick Clegg is David Cameron’s pussy.’

Ed Miliband was unavailable for comment, leading to allegations from Sky News that the Labour leader had gone to the dogs.

Justice Minister Ken Clarke quipped, ‘the cat’s got my tongue on this one. I never knew Dave could be so feline.’

Simon Hughes, Chairman of the Liberal Democats, said that they ‘had made great progress in making Britain more fur. It is only right,’ he continued, ‘that the Liberal Democats should get another cabinet seat, if only because Michael Gove thinks we’re too cute to move off the chair and into a basket.’ It is unknown how many basket-cases there are at Lib Dem HQ.

In a related story, several Labour peers were seen taking cat-naps in the House of Lords, though the effect of pointless news was disputed by the Guild of Journalists.

‘Miaow’ was the only comment from Ed Fur Balls, Shadow Chancellor.

Pundits suggest the rat problem at No. 10 is an encouraging sign for the government. “Rats tend to leave a sinking ship,” explained a spokeswoman for the RSPCA.

It is unclear what sort of rat problems the Prime Minister is facing. Britain’s most common is the Torat, which frequents all areas of government. However, a rare Liberal Demorat was seen scurrying across from No. 10 to No. 11. Liberal Demorats were previously thought to  inhabit only the Isle of Lundy and the Inner Hebrides. They are listed as ‘under threat’ by the electorate.

Fears were expressed for No. 11’s ‘ginger rodent’, Danny Alexander. And whether what we see in Downing Street is actually a Liberal Demorat has been seriously queried by several academics of note. “Liberal Demorats tend to live in disorganised collectives,” said Professor Phil Space, of the University of Former-Polytechnic, “whereas these rats in Downing Street tend to behave for individual ends, and drink lots of port. And unlike most Liberal Demorats, they have made their offspring pay for their own education.” The average Liberal Demorat has an IQ of 16.

Baroness Neville-Jones, the government’s counter-terrorism advisor, said the measure was necessary to deter cat-burglars. Balls of string and bags of cat food were seen being brought into the back entrance of No. 10 for the bankers’ new pet, George Osborne.

However, the problem was felt worthy of further consideration by Dr Schroedinger, of the University of Schleswig-Baden. He said “So long as the cat is in No. 10, we cannot observe it, and so it must be both a Liberal Democat and a Conservatabby.”

Aleksandr Orlov, the Russian internet tycoon, remarked, “It mere cat. Why make such fuss about it?”

An Ipsos/Mori poll for the Sun today suggests that 8 out of 10 cats prefer the Conservatives. The Conservatabby was unavailable for comment.

IN OTHER NEWS: Mark Thompson defends BBC News budgets – denies relevance of news is decreasing

UNLIKELY NEWS STORIES: Democracy in the Middle East

Concerning Devolution, and Democracy

In Constitutional Spotlight, Government Spotlight, Home Affairs, Ideology, Parliamentary Spotlight, Party politics, Regional politics, The Media on January 6, 2011 at 12:49 am

David Weber

Warning: long article approaching

For a while I’ve been wanting to write something equivalent, or at least in response to polarii’s analyses of democracy, not just to outline differences in opinion but also to cover issues which, I feel, were not discussed. The cut and thrust of this article, and possible future ones, will mainly focus (through the prism of a leading issue) of on the general untidiness of democracy; in attempting to define it, assessing its qualities, and outlining solutions. We will start by looking at Devolution.

Devolution has been in the news recently, and for once it isn’t the arguments about a Scottish independence referendum. The new powers proposed by the Calman commission are (partially) being unveiled by the new government, which seeks to deliver a certain amount of tax-raising power to Scotland, presumably not least with the intention of forcing it onto a more equal fiscal footing with England. That Scottish Government ministers are protesting that it will make Scotland worse off in cash terms seems to be evidence in support of this.

I do not have a great deal of sympathy for the Scottish government here, not least because the level of Scottish spending seems unnecessarily disproportionate to England. Obviously, Scotland being in general poorer than England, a degree of higher spending is needed, but for that to extend to free University tuition seems ridiculous, when there is no evidence that English students are particularly disadvantaged by the system which applies to them. Clearly, in this place, if in no other, there is some fat which could be trimmed.

But while the Commission’s terms of reference were the fiscal imbalances in Scottish devolution, I will be looking at democratic imbalances of devolution in general. According to some schools of thought, these are so grave as to override any merits the policy may have, and make abolition of the devolved assemblies the only solution. I am not so sure. I will begin, however, by outlining the case against Devolution.

The first, and most obvious attack, is the “West Lothian Question”. This actually originates from a theoretical question asked by the eponymous MP for West Lothian, Tom Dalyell, in 1977, long before the 1998 Scotland Act came into force:

“For how long will English constituencies and English Honourable members tolerate … at least 119 Honourable Members from Scotland, Wales and Northern Ireland exercising an important, and probably often decisive, effect on English politics while they themselves have no say in the same matters in Scotland, Wales and Northern Ireland?”

The word “decisive” is crucial, as some might hope this question away as an eternally theoretical one, with majorities never slim enough for it to truly make a difference. This is wishful thinking. Labour governments often rely on Scotland for a lot of their support, and indeed the Labour government in 1979 was brought down by the votes of Scottish National Party (SNP) MPs. More recently, in 2006, the vote on — you guessed it — University top-up fees was won based on the support of Scottish MPs; had they abstained, it would likely have been defeated. Democratic Unionist Party MPs voted in favour of raising detention without trial to 42 days in 2008, which passed by a majority of exactly the same number as the 9 DUP MPs, although that particular bill was rejected by the House of Lords.

Not only this, but there is also a more fundamental undemocratic charge against Devolution. It provides some people more representation than others, creating a two-tier or even a multi-tier system, where geography determines strength of political representation. Thus in Scotland, voters elect not only sovereign Westminster MPs, with theoretical responsibility for everything, but near-as-sovereign Holyrood MPs, with very real responsibilities for Health, Education, Justice etc. into the bargain. The voter therefore has two calls for help if something goes wrong, and, in theory, twice as much leverage in their everyday battles. In contrast, a voter in Herefordshire elects a sovereign Westminster MP and a couple of rather dusty councillors, if they even know that a local election is on. Voters in Wales have something of a half-way house between English anonymity and Scottish power. Voters in Northern Ireland — well, I’ll not get into that minefield (until later).

As suggested by the preceding paragraph, devolution is also unequal between regions. The Welsh Assembly does not (yet) have the extensive powers of the Scottish Parliament. London has the Greater London Assembly which, although weaker still, is far more powerful than most local government in England. So in summary, the picture painted by devolution is a very uneven and untidy one, resembling the sort of painting which attaches a lot of importance to the leaves of a tree but somehow fails to convey the basic structure of the trunk with balance and accuracy.

Such is the case against devolution. And before I go into any further, and consider the counter-argument, it is worth considering the fact that nothing argues for the current system quite so well as the inability of its opponents to outline sensible solutions.

One such solution is “English Votes on English Laws”: barring Scottish and Welsh MPs from voting on English legislation. This has a certain long-enduring popularity, and it is often assumed, most often by Conservatives, that this would solve the Question in a blow.

Now, if there is any one phrase I have grown to hate, normally because it is nearly always misapplied, it is “constitutionally illiterate”. Yet I am tempted to apply it here. Devolution, as some opponents evidently fail to grasp ten years after its implementation, is not the same thing as Federalism. The official power of the UK Parliament to overrule the Scottish Parliament is absolute. Parliament is sovereign. It’s political power is, of course, limited severely by devolution. But this is not to say that it will never overrule the devolved assemblies.

And whereas the ability of regional MPs to overrule the will of English MPs is limited, due to their small number, the scope for English MPs to overrule the will of the devolved assemblies, should they wish to, is far greater. Therefore the only way “English Votes on English Laws” would be constitutionally balanced would be to similarly ban English MPs from voting to overrule the devolved assemblies. Which would mean that for each of the four countries, there would be matters where the UK Parliament had no say. Far from strengthening the Union, English Votes on English Laws would go some way towards dividing it permanently.

There are also more practical objections. There is the fact that it probably wouldn’t lead to equality of representation in the first place, because it doesn’t address the “different quality of representation depending on region” criticism of devolution that I outlined earlier. Scottish, Welsh and Northern Irish voters would still have far stronger local democracy than England, although I acknowledge that the situation is almost impossibly complex to assess when it comes to Northern Ireland. But the gravest objection is that it would throw up the possibility of two different majorities being available in the House of Commons, one for English legislation and another for UK legislation.

Such a possibility would not result in, say, a Conservative English legislative agenda put forward by a Labour UK government, because a Labour government would never allow it. The result would be stagnation, or at best, coalition between the two parties on English legislation.

Here is the fundamental problem. People seem to think, against all political observation, that the devolved legislatures are the only important part of devolution. The fact is, however, that without devolved government, devolution is at most a panacea. So quite apart from the constitutional issues, changing the rules governing English legislation would at best only be a half-way step towards the full-blooded localism which has transformed Scottish and Welsh politics.

It is, of course, possible to engineer a more low-key, slimmed down version of English Votes on English Laws. The Democracy Taskforce, set up by David Cameron in 2006 and chaired by Ken Clarke, recommended changing Parliamentary practice to make it convention for regional MPs not to be involved in English legislation during committee and report stages only, without banning them from doing so; thus avoiding the constitutional objections. and limiting the potential for deadlock (as all MPs would vote during first and second reading, thus the whole house would initiate English legislation). In seeking to be so reasonable, the Taskforce created an opposite problem: the solution would be far too limited to address the extent of the problems. Not only this, but the potential for deadlock and odd results would still be very real: a bill could be re-written or sabotaged in committee and report stage, creating a legislative mess and confusion about where accountability lies.

So what other solutions? English devolution holds some attraction and almost certainly far more merit, but would run up against some much stronger political roadblocks. The amount of power it would be necessary to give away even to grant it the same stature as the Welsh devolution would entirely transform the way UK government works, and might alarm even the most ‘radical’ of reforming governments, who rarely give away power with no thought to the consequences, which would be unknown in such a big step. More problematic would be the size of England: with approximately 80% of the people in the whole Union, an English system of government would operate very similarly to the UK one. Such an idea also ignores the political motivations behind devolution to begin with, which I will come to shortly.

So were, or are, the opponents of devolution right? Is it impossible for the system to work democratically, or ‘neatly’? Is it crucial for the future of the Union that the devolved assemblies be abolished? Should we offer the regions (and perhaps Cornwall) an “all-in/all-out” referendum? It is at this point where I realise that I am vaguely puzzled, because no opponent of devolution ever makes the case that before devolution, the UK was a model of democratic perfection. This is because it wasn’t.

In fact, the democratic imbalances inherent in UK government before devolution far eclipse any created by devolution since. In 1979, Scotland went from one extreme of propping the Labour government up to being positively ignored for the following 18 years. Wales was in a similar position during the mid-80s, with Plaid Cymru at one point selling “Tory-free” mugs in celebration of Wales’ utter lack of connection to the UK government. In contrast, in 1997 virtually all of Scottish and Welsh representatives supported the incoming government.

In fact, what opponents of devolution really fail to grasp is that the UK system of government has never been particularly democratic when it comes to a matter of detail. If you wanted completely democratic government, then all elected representatives would govern in coalition. Elections as we know them are about winning. Winning is incompatible with everyone being listened to. In a competition, there are winners and losers, which leaves some people with power and some people without it.

In fact, the only system which comes close to being democratic is the devolved Northern Irish assembly, where the two biggest parties must by law be in coalition, which ironically is as a consequence of their historic inability to co-operate with each other. Winning is only proportionate to a public mandate, and the voice of the loser is granted equal respect as the voice of the winner. The lessons learnt from Northern Ireland’s history should, I hope, actually go some way in helping people to appreciate the importance of taking note of everyone’s voice, no matter whether they conform to a majority, plurality, minority, or just form one person’s opinion.

And this is what devolution to Scotland and Wales also set out to do, to end the ludicrous situation where UK politics regularly left regions polarised and often marginalised. Opponents of devolution rather remind me of people stood with a magnifying glass in front of a work of art, moaning about a hairline crack in the middle of the darkest shade, while utterly failing to appreciate the beauty of the picture as a whole. In fact, in my dedication to creating a fair and exhaustive summary of the flaws of devolution, I have been rather complicit in this myself. No doubt there is still much room for improvement. England lacks the local voice that, in time, it may find it needs. Westminster could do much more to prevent regional MPs from acting undemocratically. And Scottish politics is still alarmingly close to polarisation, with a separatist party viewed as the official alternative to Labour. But Scotland has found itself open to far more political plurality than it ever understood before, with the Liberal Democrats finding a voice in its previous government, with the SNP winning Westminster seats which would previously have been considered solid Labour territory, and with a proportional legislature which has quite failed to self-destruct and has quietly governed on a cross-party basis. Far from being a thorn in its side, devolution could teach the Union quite a few lessons for its future.