by Sanjit Nagi
Since his seminal speech ‘A New Chapter for Britain’, Keir Starmer has made clear the fundamental value which drives his politics: equality. Or rather, Labour’s central aim under his leadership is to remedy the severe inequality that has stemmed from eleven years of deregulation, low pay, job insecurity, child poverty, inaccessible education, and health and racial disparities. Because of this, it is completely correct for him to say the very fabric and foundation of our polity has been severely damaged and needs repair.
Thus far Labour have been policy shy. But reading between the lines there has been some indication of how a Labour government would address inequality; all of which broadly hit the right note: better public services, racial parity, investment in skills and training, education reform, affordable homes, a care system that treats old age with dignity, and tackling the climate emergency.
But if Keir Starmer and the Labour Party want to secure Britain’s future and really entrench the value of equality across all walks of life, they have to start thinking in constitutional terms once again. By this, I mean there must be a commitment to a new settlement of socio-economic rights, guarantees, and responsibilities extended to all citizens.
Constitutional change in the form of the Human Rights Act 1998 (HRA 1998) was a monumental moment in respect of liberty. Thanks to Labour, an era of individual rights began where we the people were entitled and able to enforce fundamental civil and political rights (located in the European Convention on Human Rights) domestically. Despite the Conservatives’ consistent attacks and threats to replace the HRA 1998, it has (so far) stood the test of time and delivered: key victories in areas of privacy and family life, fair trial, right to life, and freedom of religion; a duty on all public bodies to act in a way which is compatible with a person’s human rights; and increased executive accountability via judicial review. This piece of legislation is now so deep-rooted within our constitutional make-up, it is not controversial to say that taking it away from us would result in major political ramifications.
Labour should now commit itself to introducing a second Human Rights Act which guarantees the social and economic needs of citizens. The right to: health and social care, social housing, education, social security, disability protection, safety at work, parity between all genders, and the protection against poverty and social exclusion. It might also recognise and seek to protect the position of unpaid labour within the system e.g. parenting or those in the voluntary sector who are so often overlooked and underappreciated. The European Social Charter provides some indication of what this second Human Rights Act might look like.
The pandemic has shown what socio-economic guarantees we all need to survive. A commitment to codifying these key human interests could shift the constitutional terrain once again, providing for: new fundamental entitlements for citizens, a new duty on the state to meet basic standards, and greater accountability – via judicial review – of things which are of relevance to us all.
Labour have already committed to a new Race Equality Act to tackle the structural racism present in modern day. Whilst this is most welcome and much needed, it would be even more effective if coupled with an enforceable regime of socio-economic rights. As there can be no real discussion about structural racism without understanding accessibility and discrimination within health, work, education and beyond. This is even more pressing in light of the Conservative government’s Commission of Race and Ethnic Disparities downplaying and dismissing the extent of structural racism.
A new piece of constitutionally-significant legislation as described would seriously begin Labour’s task of building a fairer, more equal society. It would also clearly set Labour apart from the Conservatives in terms of narrative and principles: Labour believes in enshrining rights and protecting your interests.
The move towards a second Human Rights Act might be resisted with weak arguments such as its unviability or it skewing policy and resource allocation towards the courts. But like the HRA 1998 ensures greater government accountability whilst resisting judicial overreach, the design of a second Human Rights Act could do the same. A better argument against social and economic rights are their democratic legitimacy. Where new interests are created and affect everybody, everybody should have the greatest equal influence over them. This might be solved via multiple citizen assemblies; bringing together a representative cross-section of society – lay persons and experts – to decide on the shape of the socio-economic guarantees.
Moreover, Labour should supplement this second Human Rights Act by reviving Gordon Brown’s government proposal for an ethical framework of ‘Rights and Responsibilities’. The aim of this bill is to give practical expression to shared community values, foster civic responsibility and tolerance of others. For example, the Green Paper released identified a number of duties that we might all owe one another: respectful treatment of public sector workers i.e. NHS staff et al; civic participation in the form of voting and jury service; respecting our environment for future generations; obeying laws and paying taxes; and protecting the welfare of our children. These duties are not exhaustive and might be expanded on e.g. a greater emphasis on diversity and race or on our environmental obligations. There would be no physical enforcement of these obligations. A supplementary constitutional document of this kind simply seeks to codify the feeling of collective responsibility – that does exist in Britain and has been seen during the pandemic – and help to build a society that is both fairer and more cohesive.
The great social and economic advancements of all Labour governments – Attlee, Wilson, and Blair – were secured through political change and implemented through parliamentary legislation. But there has never been any form of constitutional protection of the NHS, public housing, state education and all the other socio-economic guarantees listed above. Nor has there been any real campaign or drive to do so. But we cannot fool ourselves in thinking these ordinary means are enough. We’ve seen how the Conservatives have left vital services in decay and have reduced access of large sections of society to the absolute basic minimums human beings require to live – causing gross inequality for a generation. We’ve seen how fragile our own lives are when we do not have shelter, are unable to eat or drink, are out of work, or have no support for loved ones who are either ill or elderly.
So, if Keir Starmer and Labour truly wish to rid Britain of its inequalities and insecurity, deep-rooted constitutional change – which will survive future governments – is an essential starting point.
Sanjit Nagi is a PhD Researcher and Visiting Lecturer
