Politics
On terrorism and the constitution, a good start. Big tests lie ahead
Published 05 July 2007
Giving parliament more power presupposes that our MPs, many of whom have shown cowardice, learn the art of scrutiny
This has been a good start for Gordon Brown. His reshuffle was imaginative, introducing new faces and redesignating others, all instructed to behave differently from the Blair years. His response to the terrorist alarms was assured. Swift security measures were not followed by the emotionally charged and politically impetuous responses of before. Brown, and his new Home Secretary, Jacqui Smith, also signalled a more thoughtful approach to what is now known by the short-hand term "hearts and minds". This is a complicated matter involving a sense of belonging, respect for diversity, and also shared values - which, as Andrew Stephen suggests on page 30, have been achieved more successfully in the US than the UK.
The state's obligation to the individual lay at the heart of Brown's announcement of sweeping constitutional reforms (foreshadowed in last week's NS). This has been perhaps the most pleasing aspect of this most challenging of first weeks. The accompanying paper, The Governance of Britain, contains a great deal that excites, beginning with the premise: "The government will seek to surrender or limit powers which it considers should not, in a modern democracy, be exercised exclusively by the executive." The specifics range from the minor (the appointment of bishops) to the vital, such as parliament's right to approve military action.
Restoring trust and increasing accountability are laudable aims. Granting parliamentary committees the right to hold confirmation hearings is a good development. Brown should set an example by ensuring that senior civil servants, including those in his own office, be subjected to prior scrutiny. The committees should be given legal authority to subpoena ministers. Changes to the code that governs ministerial behaviour are also welcome, and overdue, as is a review of the role of attorney general, a post that was brought into disrepute over Iraq and other events by its last incumbent, Lord Goldsmith.
Some points are populist (encouraging more flying of the Union Flag); others are small but symbolic, such as the removal of restrictions on protests in Parliament Square. Some are necessarily vague (there is no point in announcing a consultation if decisions have been already made). Direct democracy is a concept often more appealing in theory than in practice. Important work will have to be done to flesh out the ideas of citizens' juries and other community forums. The most intriguing area is a Bill of Rights. This will be the cornerstone of a new constitutional settlement, and it is imperative that the calls to use it to undermine the European Convention on Human Rights be ignored.
So far, eight out of ten. More set-piece occasions await, but once they are over, the real hard work will begin. On the tone of government, it is reassuring to see so much emphasis on parliament and cabinet. However, this presupposes that our MPs - many of whom showed cowardice during much of the Blair era, particularly over Iraq - will learn the art of scrutiny and challenge. As Brown, unlike his predecessor, faces no power struggle from within the ranks, the role of experienced and independent-minded parliamentarians will be crucial.
Three areas of policy will require priority treatment. As Alex Brummer points out on page 16, the government needs to put down some important markers on the seriously rich evading tax and escaping their broader responsibilities. Failure to do so will exacerbate a sense of grievance now felt across the social spectrum. On ID cards, it was disappointing that Brown used his first session of Prime Minister's Questions to reaffirm a moribund policy. He should change tack on this, before it is too late.
On the international stage, the release of Alan Johnston is excellent news. Now the UK, in conjunction with its allies, needs to develop a more courageous approach to Israel-Palestine than has been evident for a decade. It also needs to announce a full inquiry into the blunders of the Iraq war. All roads through the Middle East lead back to George Bush, the man who helped destroy the Blair premiership. We will watch the first moves by Brown and his new Foreign Secretary, David Miliband, with interest.
Begging your pardon
The United States does pardons so well that liberal outrage at George W Bush's efforts to pardon Lewis "Scooter" Libby for lying and obstructing justice entirely misses the point of this quixotic tradition. After all, if presidents could pardon only good people, that would suggest there was something seriously amiss with the law, wouldn't it?
Besides, these pardons tell us so much about the presidents' own peccadillos. George Washington, who started it all, pardoned 150 whiskey-tax evaders. Richard Nixon pardoned Jimmy Hoffa (on condition he give up running trade unions); Gerald Ford pardoned Nixon; on his first full day in office, Jimmy Carter pardoned Vietnam draft resisters; Dubbya's dad pardoned Caspar Weinberger and others involved in the Iran-Contra affair (funding Nicaraguan rebels from profits gained by selling arms to Iran).
Bill Clinton, having eschewed the practice throughout his presidency, granted pardons on his final day in office to more than 140 people, including his own cocaine-dealing brother, Patty Hearst (the heiress-turned-political bank robber) and, most controversially, the fraudster Marc Rich, who evaded $48m in taxes.
Tony Blair, so presidential in many ways, has surely missed a trick. Some judicious pardons before leaving office might have helped a few old friends and created a precedent. Who knows when he might be looking for someone to pardon him?
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