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Jack Straw: One Step Forward, One Step Back

Posted March 27th, 2008 by Tom

At first glance, Jack Straw's mostly worthy constitutional reform proposals are the classic damp squib, preceded by a series of contradictory leaks about interesting ideas like second preference votes and compulsory voting, but ultimately saying nothing to get the pulse racing apart from the belated but very welcome scrapping of the pointless SOCPA Parliamentary protest zone (for which relief, much thanks to Tim Ireland et al).  The proposed changes to the role of the Attorney General (he'll give up a chunk of his powers over prosecutions except when he needs them for 'national security', at which point he has to tell Parliament, apart, presumably, from the bits he has to keep secret for, er, 'national security') are particularly funny, to me at least.  Mind you, I laugh easily.

However, one mustn't ever forget that Straw's Ministry of Justice used to be part of the Home Office and, like the best zombies, those guys never learn and never quit even after you shoot holes in them.  Hence the unwelcome re-appearance of what at first glance looks suspiciously like an old favourite.  Yes, folks, it's the Abolition of Parliament Act 2, This Time It's Slightly Better Hidden.  Fortunately, like most remakes, it hasn't got anywhere near the impact of the original, but it still needs keeping an eye on.  SpyBlog, who doesn't usually miss this sort of thing, but tends, given past form, to take the most pessimistic view, says:

"This repeal appears prominently as Part 1 Clause 1 of the draft Bill, however, any joy at this proposed return to the status quo ante, is marred by Part 6 of the Bill,
It looks as if we will have to again go through all the fuss and lobbying that we saw over the wretched Legislative and Regulatory Reform Act 2006, the previous attempt by this Labour Government to neuter Parliament by Order of a Minister."
 
The location's changed, the wording's a lot less inflammatory, but the intent appears the same; give HMG's finest the ability to rubberstamp deep and lasting changes to the way we're governed with little or no oversight.  Mr. Straw referred only to the first five parts of the Bill (SOCPA, Attorney-General, judicial independence, treaties, Civil Service) in his statement.  The sixth part seemingly allows any Act concerned with the previous five to be mucked around with pretty much at will and given the fairly fundamental nature of those five parts to the British constitutional and judicial system it's not something I'd particularly like to see exercised with the usual two MPs and a dog generally present for other trivial no-consequence rubber stampings like Terrorism Act renewals.  There should be a judicial brake on this in that the powers are expressly for the purpose of making existing Acts match the new Bill rather than making general changes, but as we've seen New Labour are quite capable of passing crap legislation and it taking years for the courts to get round to striking it out.  It's not a power I'd be too comfortable being used too often or without scrutiny.
 
It does have to be said that this isn't by any stretch a complete resurrection of the dreadful first draft of Leg & Reg, in that the powers strictly apply only to the areas covered first five sections of the Bill, rather than every existing Act.  Also, a lot of the fuss appears to stem from an initial miswording of Part 6 in the issued document, which has now been corrected to something rather less disturbing, which is hopefully what was meant all along.  Now the subject's been raised (by the Conservatives' Mark Harper) proper Parliamentary scrutiny ought to follow and, if anything, that will be the legacy of the fight in 2006.
 
(Mind you, if, as some commentators point out, this kind of thing is standard boilerplate in a lot of Bills currently going through Parliament, am I too paranoid if I reason thus: if every Act going onto the statute book contains powers to amend Acts relating to itself by order, that's eventually equivalent to an Act that allows you to, er, amend any Act by order?).
 

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