What You Can Get Away With » Nick

(Daisy Cooper was the first to respond to the questions I posed in my earlier Presidential post, and here are her answers in full after the cut. I’ve formatted them as she had them in the Word document she sent but not edited them in any way, but please tell me if anything looks wrong. You can, of course, ask any questions about her answers in the comments.)

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This is more of a placeholder host as what happens next is very much dependent on how Scotland votes in the independence referendum on the 18th. However, I just wanted to set out some of the things I’ve been thinking in an attempt to clarify them and maybe start some discussion.

What’s clear is that whatever the result of the vote next week, there will be a change in the constitutional balance between Westminster and Edinburgh – either Scotland will be independent, or more powers will be transferred there, which all the parties campaigning for a No vote have promised. However, there’s only been a small discussion about how that will affect the rest (or the remainder, depending on the result) of the UK. What discussion there has been has normally taken the form of a few mutterings, then someone saying ‘it’s all about the West Lothian Question, isn’t it?’ and everyone nodding sagely before moving onto other things.

Whatever the status of the UK is after the 18th, England will remain the one part of the country without any significantly devolved powers and with no obvious solution in prospect. Regional assemblies were rejected, and I’m not sure that a English Parliament or any other all-England solution is going to achieve much, as it assumes that everywhere from Carlisle to Dover and Penzance to Berwick needs the same solution.

However, I think there is a demand for more powers from some areas – Cornwall, Yorkshire and the big cities have all called for them recently – and perhaps what England needs isn’t a preoccupation with finding a one-size-fits-all solution but a solution that’s based on a real localism, with areas getting the powers they want, not the powers that Whitehall decrees they should have. It also needs a willingness to look beyond existing boundaries to see where new powers would be effectively applied not where it was thought to be in the 1880s or 1974 when most of the current local government boundaries were set.

In short, what we’re probably going to need is some form of constitutional convention, but one that’s not concerned solely with how the country as a whole is run but how we can keep as much power as possible at the lower levels of the system throughout the country. I have no idea what form that would take – with or without Scotland involved in it, but that’s why I’m sending this half-formed thought out there, in the hope it might get some discussion going. So what do you think?

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David Cameron could face a leadership challenge from his own backbenches if Scotland votes in favour of independence, as Tory rebels blame him for presiding over the break-up of the Union.

The Independent understands that discussions have already taken place among Tory MPs considering standing a candidate against the Prime Minister if the Yes campaign is triumphant on 18 September.

The idea of a ‘stalking horse’ triggering a leadership challenge is widespread in British political commentary. It’s easy to see why: the idea of the brave challenger following in the footsteps of Margaret Thatcher or Michael Heseltine to challenge an unpopular leader, forcing a leadership election that would be a clash of the big political beasts is catnip to political commentators, enabling them to completely forget any kind of discussion about policy and talk entirely about personality and the election as a big game.

The problem with this vision is that it’s not actually possible in any party. The ‘stalking horse’ was a foible of the Conservative Party’s leadership election rules that disappeared when William Hague reformed the system after his election, and Labour and the Liberal Democrats never had a system that allowed it. The quirk in the Tory rules was that they didn’t require all potential candidates in a leadership election to be in the race from the start, but allowed them to enter at later rounds of the contest. As such, a stalking horse candidate could challenge the leader, and if they received sufficient support, other candidates could enter the race.

This was something that purely belonged to the Conservative leadership rules, and was in place because the decision was only made amongst MPs. Once parties put the leadership question to the wider membership, When an election’s a simple ballot in Westminster, it’s easy to have multiple rounds with different names, but if you’re balloting the entire membership, a set process and single ballot is a lot easier to administer.

The other reason for stalking horses disappearing is that they’re not a very good way of running leadership elections. There are two parts to the process of removing an incumbent leader: first, deciding whether you want the current leader to continue or be replaced; second, if they’re replaced, deciding who should replace them. The old Tory system conflated those two parts of the process, so that anyone wanting to remove the current leader had to vote for the stalking horse, but that vote could then make the stalking horse the leader, who the voter might like less than the current leader.Effectively, every vote has to be cast tactically, which might make for good drama but doesn’t mean they’re making the best decision on who’s going to be leader.

All the main parties now have systems that separate these two parts of the process, and none of them have a system that allows for stalking horses. So, if you hear or read a supposed political expert talking about stalking horses and leadership challenges, they’re letting on that they don’t understand the processes they’re commentating on. Someone can challenge a leader all they want but the rules now (especially for the Tories) mean they can only get them removed, not face them head to head.

(A couple of interesting books on leadership elections and structures, if you want to know more: Stark’s Choosing a Leader and Quinn’s Electing and Ejecting Party Leaders in Britain)

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A couple of tweets I’ve seen recently on my Twitter timeline:


That’s just the most recent two, but ‘the rest of the UK should have a say about Scottish independence’ is something I’ve seen in many forms over the past few years, and will probably get said a lot more times over the next eleven days.

So, let’s pose a couple of thought experiments. In 1991, Lithuania, Estonia and Latvia held referendums on whether they should declare independence and leave the USSR. All delivered clear majorities for independence, yet I suspect if the rest of the USSR had been able to vote (especially the Russian Federation) they would have said ‘let’s stay together’. Who was in the right there?

Alternatively, let’s imagine that there is a referendum in 2017 on British membership of the EU. Should that be just Britain’s decision or should the rest of the EU get to decide on if they want their Union to be broken up?

There’s plenty of discussion to be had about the role of the British government in the referendum, especially the way ‘Devo Max’ was kept off the ballot, but to start insisting that others have the power to veto someone else’s vote if they don’t like the way it’s going is to stroll down a dangerous path, and perhaps to help others prove their arguments.

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After giving the matter no consideration and not talking it over with anyone, I’ve decided to stand for Liberal Democrat Party President.

My key priorities will be to reduce the party membership, not listen to any of those members who do remain and to do all I can to ensure that we lose as many elections as possible.

I’m proud to say that I’m definitely in favour of bad things. I’m committed to regressive values and promoting injustice wherever I can, I want fewer good things for everyone in the party and will be working hard to ensure that people lose whatever good things they have.

Actually, I lie when I say I’ll be working hard. As President, I’ll be doing as little as possible and whenever I do bother to go out and visit somewhere, I’ll make it my aim to demotivate them, stop them raising any money and help them lose whatever elections they’re fighting. I’ll be able to do this because I’ve got no experience in campaigning, have never met anyone else in the party and yet somehow know nothing of the world outside politics either.

My approach can be summed up as complete conservation, seeking to keep us doing everything exactly as it’s been done in the past with no changes whatsoever.

So, vote for me for a commitment to making no commitments, stronger fairs, economic societies and a President who really doesn’t want the job and probably wouldn’t be very good at it anyway.

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On current trends the Green Party will have a significant, if not decisive, impact on the 2015 election – Some interesting data from the LSE’s British Politics blog.
I Was Raped At Oxford University. Police Pressured Me Into Dropping Charges – A rather shocking story.
Motorists have ruined England – and they need to pay the price – Given the current drive to make things as centred around the car as possible gets called ‘war on the motorist’, I dread to wonder what this might get called.
Can UKIP scale up? – Excellent post from Flip Chart Fairy Tales on the problems of growing a political party rapidly.
Ricky Gervais Broke My Heart – “Having once been a slightly overweight white male millionaire does not give you the insight required to speak with authority and flippancy on the complexities of body size and the effects of anti-fat stigma. Or race, or disability, or rape, for that matter. In fact, it makes you look fucking ridiculous. This just in: New Millionaire Discovers Millionaires Were Right All Along.”

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By not simply crossing the floor at Westminster to join UKIP, but resigning and calling a by-election to do it, has he now set a precedent for any other Tory MPs who want to do the same? The last MP to do that for a defection was Bruce Douglas-Mann switching from Labour to the SDP in 1982 (and he lost), and MPs who’ve done it since then haven’t followed his example.

However, if there are any other Tories thinking of doing the same (and there probably are), they’ll be watching what happens in Clacton very intently as they know that if they want to switch, they’ll face lots of questions about why they’re not calling a by-election too. Indeed, a cynic might suggest that Carswell has found a way to establish himself as UKIP’s only MP (with the resulting media profile) should he win and if no one else wants to take the same risk.

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I wrote last week about doing a new series of posts that tried to explain political science concepts in an accessible and understandable way. Thanks to all those here and on Twitter who said you’d be interested in that, and I had hoped to have a first post up by now. However, things have taken longer than I expected and trying to break down concepts into simple and understandable chunks isn’t as easy as I thought it might be, and the first post is currently meandering all over the place. One thing it is doing is giving me a lot of respect for lecturers and other academics, as trying to break things down into discrete chunks of information isn’t as easy as it might seem when there’s a huge mass of interlocked concepts to disentangle it from.

Which is my way of saying that it’ll likely be a week or two before anything appears, as I need to properly plan this (instead of my usual blogging method of winging it) and am off on holiday soon, but hopefully the time away will help me to sort the different ideas and concepts out in my head. I am still planning on doing it, but perhaps not as quickly as I first hoped.

It seems that someone supports Boris’s proposal to make people guilty until proven innocent:

Britain’s most senior police chief has called for wide-ranging new powers to tackle homegrown terrorism, including a “rebuttable presumption” that anyone who visits Syria without prior notice should be treated as a terror suspect.

Sir Bernard Hogan-Howe, chief constable of the Metropolitan police, also called for a return of control orders and said Britons who wage jihad in Syria or Iraq should be stripped of their passports.

When did we become a country where it’s acceptable for senior police officers, speaking in an official capacity, to call for fundamental changes in the law? And what made Bernard Hogan-Howe think it would be a good idea to do this on the same day he had to apologise for the Met breaking it’s own rules in using CS gas against lawful protesters?

But at least we have Police and Crime Commissioners to hold a senior officer like Hogan-Howe accountable. Except London doesn’t have a PCC, instead the Met are held accountable by the Mayor. Yes, the same Mayor Hogan-Howe has just been publicly supporting the proposals of…

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police_electionsWe often use the phrase ‘elective dictatorship‘ to describe the British system of government, reflecting that the nature of our system means that a Government with a majority in Parliament can do pretty much as it wants until the next election. Unlike most actual dictatorships, there are constraints to that power and a Prime Minister or Government can be removed from power if enough of their party decide they want to get rid of them.

Despite ‘elective dictatorship’ not normally being regarded as a positive description, recent years have seen it being rolled out across other forms of government. Believing that ‘strong leaders’ could wield miraculous powers, the Blair government brought in elected mayors for local authorities, concentrating most executive powers for an area in an individual, and even if a council didn’t want a mayor, most of them were forced to shift to the cabinet model – and later to the ‘strong leader’ model, where council leaders would be given effectively the same powers as a mayor, whether they wanted them or not.

This was presented as making local government more ‘democratic’ and ‘accountable’, because one of the persistent myths of British politics – and part of the ‘elective dictatorship’ – is that democracy and accountability are things that only need to happen at the ballot box every few years. Democracy is seen as an act rather than a process with accountability normally being framed as requirements to consult and consider rather than any real controls on the exercise of power. In most cases, any checks on executive power are to potentially block it after it’s announced rather than amend it beforehand.

Which brings us to Police and Crime Commissioners, another classic British case of someone coming up with a solution and then looking for – or creating – a problem that they can fix. In this case, it was the supposed non-accountability of Police Authorities, where accountability had been defined as ‘being known by the public’. Members of police authorities could be removed from their position if they weren’t doing it well, because many of them were appointed directly by councils within that police force’s area. By contrast, although PCCs were elected, no one was given the power to remove them from their office, short of them committing a crime. Police and Crime Panels are required to be consulted and can occasionally block an action by a PCC, but if the PCC’s incompetence isn’t criminal, they can do nothing to remove them from power. The person whose job is supposedly to make the police accountable is so unaccountable themselves, they can’t be removed from their office (unlike just about every other executive office in British politics). That’s why we’ve got the situation we currently have in South Yorkshire, where no one can remove Shaun Wright from office, despite even his own party thinking he should go.

(I know that’s just one part of a bigger issue, and what’s happened in Rotherham is bloody appalling but I really have very little to add to that discussion beyond ‘this is terrible’ as I don’t know how to improve child protection)

The police need to be more accountable to the public they serve (especially when senior police officers think they should be demanding fundamental changes in the law) but PCCs were an ill-thought out way to try and achieve that end. Proper democracy and accountability is an ongoing process of interacting institutions, not an occasional event that grants power to someone and the ability to use it without repercussions. If we want proper accountability it takes work to enable people to hold all power accountable, not and that’s something that can’t be delivered by a gimmick.

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