The Con-Dem government’s constitutional con

This is not 1832. This isn’t even 1997.

"Clegg makes his bid for a place in history", says the headline in the Independent, ahead of the Lib Dem leader's first major speech -- on political and constitutional reform -- as Deputy Prime Minister. The Indie's cover ludicrously compares Clegg to Lord Grey, prime minister at the time of the Great Reform Act of 1832.

So what are Clegg and his Tory allies proposing? From the BBC website:

* Partially elected House of Lords
* Scrapping the ID card scheme and the national identity register
* Libel to be reviewed to protect freedom of speech
* Limits on the rights to peaceful protest to be removed
* Scrapping the ContactPoint database of 11 million under-18s

In his speech this morning, Clegg called the coalition's plans -- which include a referendum on electoral reform -- the "most significant act of empowerment by a British government" since the 19th century.

But Clegg's speech was disingenuous on two levels.

First, he conveniently ignored the record of constitutional reform under the previous government. The truth is that his own proposals pale into insignificance compared with what was achieved, constitutionally, in the early years of New Labour in power. But Clegg referred to a "big-bang approach" to political reform, as if we hadn't had one under Tony Blair and Gordon Brown.

Has he forgotten devolution to Scotland and Wales, directly elected mayors, the Human Rights Act, the Freedom of Information Act and the removal of the right of most hereditary peers to sit and vote in the House of Lords? All of these reforms were opposed by his new allies in government. In fact, the Conservatives "sealed the deal" with the Lib Dems on the evening of Monday 10 May by matching the Labour manifesto promise to legislate for an early referendum on the Alternative Vote -- but then pledged to campaign against AV in referendum campaign itself.

Bizarre and hilarious. The reality is that Labour introduced historic electoral reforms during its 13 years in office, including proportional representation: the Single Transferable Vote (STV) was used to elect the new Northern Ireland Assembly, the hybrid additional-member system (AMS) was used to elect the Scottish Parliament, the Welsh and the Greater London Assemblies and a regional list system was employed for the 1999 elections to the European Parliament.

So Clegg is wrong -- and dishonest -- to behave as if, constitutionally, this is Year Zero. As the excellent History Learning Site points out:

In a purely constitutional sense, the Britain pre-Blair was a foreign country. There was no Edinburgh Parliament or Cardiff Assembly, no London elected mayor or the promise of more mayors to come in towns and cities. Hereditary peers held the balance of power in the House of Lords. Proportional representation was something they did on the Continent, like the European Convention on Human Rights. Most of the heavyweight constitutional changes figured in the first Queen's Speech, but many voters failed to understand why the first Labour government for 20 years took up so much parliamentary time on reforms when there were far more pressing problems such as the NHS.

The second point to note is that this Con-Dem government is indeed changing the constitutional and political character of this country -- but not all the changes are positive, democratic or welcome. Take Clegg and Cameron's plans to pack the House of Lords with new peers from their two parties. As Jonathan Freedland points out in the Guardian:

All those excited by the talk of the "new politics" should be looking hard at the coalition's nods in the direction of the old. Most egregious is the rumoured plan to create more than 170 Tory and Lib Dem peers to ensure the government always gets its way in the House of Lords. The coalition agreement says that until the second chamber is reformed -- and British history tells us you can wait a full century for that to happen -- "interim" appointments will be made to reflect the share of the vote won in the last election. That looks reasonable enough, with the Tories having 36 per cent of the peers and the Lib Dems getting 23 per cent. But put them together, and the coalition would loom over the upper house, able to call on a staggering 59 per cent of those present. That would violate the principle that has held since most of the hereditaries were banished in 1999, namely that no single party -- and no government -- should dominate the second chamber. Labour was defeated 350 times in seven years in the Lords. Clearly this is one form of check and balance that the new coalition, for all its talk of new politics, is keen to remove.

(See Sunder Katwala's Next Left blog for more details on these alarming proposals.)

Then there is the controversial proposal to require the support of at least 55 per cent of MPs in order to dissolve the House of Commons, part of the introduction of fixed-term parliaments. This constitutional innovation would, theoretically, protect a minority government from being dismissed from office. Power to the people? Not quite. In his speech, Clegg had a go at Labour figures for misunderstanding the proposal, but glossed over the criticisms from Tory figures such as the former shadow home secretary (and self-proclaimed "freedom" campaigner) David Davis MP.

"The requirement for a 55 per cent majority to dissolve parliament, and thereby dismiss a government, dramatically reduces the ability of parliament to hold the executive to account," wrote Davis in the Telegraph. Meanwhile, the Lib Dem negotiator Andrew Stunell -- now a minister in the coalition government -- told Newsnight that the rule "prevents a surprise attack on the Conservatives by everybody else: it is as simple as that".

This is not democratic reform of the unwritten British constitution, it is a partisan and self-serving parliamentary power-grab.

But perhaps the most brazen piece of constitutional gerrymandering -- which Clegg had little to say about this morning! -- is David Cameron's proposal to cut the number of MPs by 10 per cent.

From the Guardian:

The Conservatives propose that no constituency should be between 3.5 per cent and 5 per cent either larger or smaller than the national average, which they believe would rub out up to 40 Labour seats. The Lib Dems also propose a cut in the number of constituencies, but have been less clear on whether they want to follow the Tories in equalising constituency size.

. . . Labour's outgoing constitutional affairs ministers see the plans as potentially one of the most politically explosive issues to face the new parliament. Labour argues that the bias arises from higher levels of abstentions in Labour seats. Turnout in safe working-class Labour seats tends to be much lower.

I'm astonished that the Conservatives insist on a referendum to sanction a change in the electoral system from first-past-the-post to the Alternative Vote (when, in fact, the change would have no impact on constituency boundaries and simply give voters the opportunity to rank their local candidates in order of preference), but are not proposing a referendum on this drastic and unprecedented proposal of theirs, which would involve the wholesale redrawing of constituency boundaries. The Isle of Wight, for example, would be merged with a large part of Hampshire.

And please, please let's not pretend that this is about "cutting the cost of politics". As Jack Straw noted in his speech to the Hansard Society back in March:

The size of the Commons has increased by 3 per cent -- 21 members -- since 1950. The size of our constituencies has increased by 25 per cent over that period.

He added:

The apparently virtuous call to cut the cost of politics is actually camouflage for a dangerous, destructive and anti-democratic piece of gerrymandering. Their proposal is not about cutting the cost of politics; it is about advantaging the Conservative Party.

Yes, it is. And it's a shame "Clegg the Reformer" has no plans to stop them.

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

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Rising crime and fewer police show the most damaging impacts of austerity

We need to protect those who protect us.

Today’s revelation that police-recorded crime has risen by 10 per cent across England and Wales shows one of the most damaging impacts of austerity. Behind the cold figures are countless stories of personal misery; 723 homicides, 466,018 crimes with violence resulting in injury, and 205,869 domestic burglaries to take just a few examples.

It is crucial that politicians of all parties seek to address this rising level of violence and offer solutions to halt the increase in violent crime. I challenge any Tory to defend the idea that their constituents are best served by a continued squeeze on police budgets, when the number of officers is already at the lowest level for more than 30 years.

This week saw the launch Chris Bryant's Protect The Protectors Private Member’s Bill, which aims to secure greater protections for emergency service workers. It carries on where my attempts in the last parliament left off, and could not come at a more important time. Cuts to the number of police officers on our streets have not only left our communities less safe, but officers themselves are now more vulnerable as well.

As an MP I work closely with the local neighbourhood policing teams in my constituency of Halifax. There is some outstanding work going on to address the underlying causes of crime, to tackle antisocial behaviour, and to build trust and engagement across communities. I am always amazed that neighbourhood police officers seem to know the name of every kid in their patch. However cuts to West Yorkshire Police, which have totalled more than £160m since 2010, have meant that the number of neighbourhood officers in my district has been cut by half in the last year, as the budget squeeze continues and more resources are drawn into counter-terrorism and other specialisms .

Overall, West Yorkshire Police have seen a loss of around 1,200 officers. West Yorkshire Police Federation chairman Nick Smart is clear about the result: "To say it’s had no effect on frontline policing is just a nonsense.” Yet for years the Conservatives have argued just this, with the Prime Minister recently telling MPs that crime was at a record low, and ministers frequently arguing that the changing nature of crime means that the number of officers is a poor measure of police effectiveness. These figures today completely debunk that myth.

Constituents are also increasingly coming to me with concerns that crimes are not investigated once they are reported. Where the police simply do not have the resources to follow-up and attend or investigate crimes, communities lose faith and the criminals grow in confidence.

A frequently overlooked part of this discussion is that the demands on police have increased hugely, often in some unexpected ways. A clear example of this is that cuts in our mental health services have resulted in police officers having to deal with mental health issues in the custody suite. While on shift with the police last year, I saw how an average night included a series of people detained under the Mental Health Act. Due to a lack of specialist beds, vulnerable patients were held in a police cell, or even in the back of a police car, for their own safety. We should all be concerned that the police are becoming a catch-all for the state’s failures.

While the politically charged campaign to restore police numbers is ongoing, Protect The Protectors is seeking to build cross-party support for measures that would offer greater protections to officers immediately. In February, the Police Federation of England and Wales released the results of its latest welfare survey data which suggest that there were more than two million unarmed physical assaults on officers over a 12-month period, and a further 302,842 assaults using a deadly weapon.

This is partly due to an increase in single crewing, which sees officers sent out on their own into often hostile circumstances. Morale in the police has suffered hugely in recent years and almost every front-line officer will be able to recall a time when they were recently assaulted.

If we want to tackle this undeniable rise in violent crime, then a large part of the solution is protecting those who protect us; strengthening the law to keep them from harm where possible, restoring morale by removing the pay cap, and most importantly, increasing their numbers.

Holly Lynch is the MP for Halifax. The Protect the Protectors bill will get its second reading on the Friday 20th October. 

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