Posts Tagged ‘accountability’

It’s about democracy, stupid: Why Remainers and Leavers should both support amending the Repeal Bill

07/09/2017, 07:30:23 AM

by Sam Fowles

The EU Withdrawal Bill (formerly called the “Great Repeal Bill”) continues its passage through Parliament this week. Theresa May claims she is delivering the “will of the people”, yet she is doing the opposite. The Bill will grant the government such egregious powers that, in relation to a swathe of vital legal rights and protections, it no longer has to take the “will of the people” into account.

The bill is fixable. This should unite both “leavers” and “remainers”. Both claim to support democracy. The “leave” campaign based their referendum pitch on restoring the sovereignty of parliament. If they were serious then they should unite in supporting amendments to the Bill.

The British constitution offers us, as citizens, two avenues for holding the government to account: Elected representatives in Parliament make decisions about which laws should govern us and what powers the government should enjoy. The courts allow individuals to hold the government to account for misuse of its powers. The Bill closes off both avenues of accountability. The Henry VIII powers allow the government to overturn primary legislation, the sort that must usually be approved by both the Commons and the Lords, without winning a vote in Parliament. Often a law containing such extensive powers will include a legal “test”, ensuring that the powers can only be used if certain conditions are met. In other words: when it is really necessary. If ministers use the powers without meeting the test, the courts can step in to protect individual rights. This Bill allows ministers to use Henry VIII powers, effectively, at their own discretion. As a result, there is no way for individuals to seek redress in the courts if the powers are misused.

By choking off these avenues of accountability, the government can remove important individual rights and protections without any democratic scrutiny. This means that key protections for workers, the environment, human rights, and consumer protection could disappear overnight. If the Bill is passed in its current form, there will be little that ordinary people, or even elected representatives, can do about it.

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Give PCCs a chance

02/09/2014, 12:07:40 PM

by Kevin Meagher

Okay, it’s not been a good week for police and crime commissioners. The derisory 10.4 per cent turnout in the by-election to elect a new commissioner for the West Midlands was bad enough; but the shambles over South Yorkshire’s commissioner, Shaun Wright, quitting the Labour party in order to hold onto power, after previously being responsible for children’s services in Rotherham, plumbed a new depth.

A gift, then, to those who would happily see the entire model of direct public accountability over the police fail. Unfortunately, this appears to extend to the Labour frontbench. At the weekend, the Sunday Mirror quoted a party source, apparently reading the last rites over PCCs: “They’re finished. The only question now is what we will replace them with.” What indeed?

When the legislation was introduced in 2010, Labour described PCCs as an “unnecessary, unwanted and expensive diversion”. This reflected the view of the police establishment. The then president of the Association of Chief Police Officers, Sir Hugh Orde, predicted chief constables would quit rather than endure a new layer of democratic accountability. It was an empty threat.

Even so, the police hate police and crime commissioners, hankering for a return to the old system of servile police authorities made up of “invisible” political placemen who were, in reality, little more than ciphers for the chief constable.

Theresa May – the most reforming home secretary in decades – remains unmoved. She has pressed on, smashing the cosy, ineffectual consensus around police accountability. The introduction of PCCs has been accompanied by long overdue reforms to police pay and conditions and she has brought in a tough outsider, Tom Winsor, as chief inspector of constabulary to drive improvements in service standards.

Unfortunately, Labour now finds itself cast as the conservative party when it comes to police reform; willing to do the chief constables’ bidding by focusing on cuts rather than reform, even though this leaves the party on the wrong side of the facts. Police staffing may have reduced since 2010 but there has been no increase in recorded crime.

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