The Constitution - How the constitution has changed since 1997

Under Labour 1997 - 2010 , under the Coalition 2010 - 2015 , any major reforms undertaken by governments since 2015

How the Constitution has changed since 1997

How the Constitution has changed since 1997

• Royal Prerogative is becoming less significant

• Becoming increasingly uncodified , elements of the UK constitution that were determined by conventions have been converted into statute law

Labour’s election win 1997 - significance for constitutional reform

Tony Blair’s succession into office preceded a plethora of constitutional changes

They believed that after 18 years in opposition, constitutional reform would limit the amount of power which the Conservatives had, making the Labour government seem more achievable.

By the time Labour ceased to hold office in 2010 , the British Constitution was notably different from the one which had existed in 1997

The Human Rights Act 1998

Incorporated into UK law most of the provisions of the European Convention on Human rights . The act created a new form of rights based law for the UK and gave an enhanced role to the senior courts.

The House of Lords Act 1999

Removed most hereditary peers from the House of Lords , almost halving it in number , with the government committed to further reform at a later date

Allowed 92 hereditary peers to remain members of the Lords for an interim period

Devolution to Scotland and Wales (1999)

The UK government established a Scottish Parliament and Scottish Executive with power and responsibility over the majority of public services in Scotland

The Scottish Executive was later renamed the Scottish Government.

Devolution to Northern Ireland as part of the Good Friday Agreement (1998)

The agreement acknowledged that majority of the people of Northern Ireland wished to remain a part of the United Kingdom; that a substantial section of the people of Northern Ireland and the majority of the people of the island of Ireland , wished to bring about a United Ireland

Devolution to A Greater London Assembly consisting of a London mayor (2000)

The abolition of the Greater London Council in 1986 → in 1997 the Labour Party came to office with a manifesto commitment to re establishing an elected tier of government for London

The Blair government published its proposals to create the Greater London Authority in a white paper in March 1998. The Greater London Authority Act 1999 was subsequently passed, establishing the GLA

Constitutional Reform Act 2005

The Constitutional Reform Act 2005 was an Act of the UK Parliament that was divided into three parts :

• Reformed the office of Lord Chancellor → the Lord Chancellor used to be the Speaker of the House of Lords

• Created and set the framework for a UK Supreme Court

• Regulates the appointment of Judges

UK Supreme Court - October 2009

The UK Supreme Court was established in October 2009 under the Constitutional Reform Act 2005 . It was created as a part of a push to strengthen the separation of powers in the UK constitution

• established in order to achieve a complete separation between the UK;s senior judges and the Upper House of Parliament

The Fixed Term Parliaments Act 2011

An act of Parliament which for the first time set in legislation a default fixed election date for a general election to the Westminster Parliament .

Under the act, there could only be an early election if 2/3 .of the House of Commons voted in favour of one, or if the government lost a vote of confidence. The Labour Party Manifesto promised to repeal the act on the grounds that it had stifled democracy and propped up weak governments.

Significance?

Remained in force until 2022 when it was repealed. Fixed terms help to ensure predictability in government planning. Before the 2011 Act , the civil service suffered from debilitating speculation about an early election.

Commission on Devolution in Wales (2010)

In 2010 the coalition government established the commission on devolution in Wales , tasked with considering Wales’ constitutional arrangements

Significance?

Since it was first elected , the National Assembly for Wales has gone from a corporate body with some secondary law making powers to a national legislature with full primary law making powers

Wales Act 2014

Provided for the firs time, that power to make primary legislation imposing taxes was to be devolved to Wales. The Act also extended the borrowing powers of the Welsh government.

Significance?

The Act devolved stamp duty , business rates and landfill tax to Wales , enabling the Welsh Assembly to replace them with new taxes specific to Wales.

2016 EU Referendum - most significant reform to the constitution since Blair’s extensive reforms

Parliament passed an EU Referendum Bill, with the referendum being held in June 2016

EU Referendum outcome - 72% turnout and 51.8% vote to leave the EU

This resulted in Parliament passing the EU (Notification of Withdrawal Bill), authorising the prime minister to trigger the process under Article 50 of the Treaty on the European Union .