Referendums don’t sit easily
in the UK constitution. Unlike in some countries which have a formal written
constitution, there is no formal definition of when and whether a referendum
should be called, and no agreed criteria. The result is an ad hoc approach
where politicians who believe that there is popular support for their position
demand that the issue be put to the people in a simple yes/no vote, despite the
fact that most such questions are far more complex than that. Sometimes they
are proved right, sometimes they are proved wrong – opponents of devolution
certainly believed that requiring a referendum was a not particularly cunning
way of killing the proposals. And sometimes they promise a referendum because
they think the promise will attract people to vote for them, with no real expectation
that they will ever have to call one, let alone go on to lose it. David Cameron
and his accidental Brexit is the most obvious case in point.
The Tories seem to be flirting
with the Cameron approach again. There is no obvious legal or constitutional
requirement to hold a referendum on membership of the European Convention on
Human Rights. They just believe firstly that the sort of people who vote for
them will be incensed about the lack of deportations to Rwanda, and secondly
that an offer of a vote to abolish
all connections to the ECHR will motivate their supporters to go out and vote.
It is, of course, asking people to vote to abolish their own rights, but what
better way to remove rights from citizens than to have those citizens
themselves demanding it. It worked on freedom of movement, where many of those
involved genuinely seem to have thought it was only other people’s freedom they
were removing; there’s no obvious reason to believe that they can’t be fooled
into voting against their own rights and freedoms a second time.
Like Brexit, it’s a sort of
proxy vote, not really about the ostensible subject at all. The question they
really want to ask is something along the lines of ‘do you agree that we should
be as cruel and inhumane as possible in our treatment of refugees in particular,
and foreigners in general?’, but even the most extreme Tories are neither brave
nor honest enough to phrase it in those terms. Instead, they phrase it in terms
of the sovereignty of UK courts, knowing that their target audience will understand
that that’s just applying a veneer of polish to the turd of a policy, in order
to try and make it look like a respectable position to hold. I’m not even
convinced that Sunak and his pals actually care a jot about how many refugees
come to the UK anyway; they care only about winning the votes of people who
don’t like foreigners, and who believe that keeping foreigners out is more
important than providing care to those who need it. I’d like to think that
the good news is that, even if they do decide to include such a pledge in their
manifesto, the chances of them being in a position to implement it are small.
Trouble is, that’s what most people thought about Cameron and his Brexit
referendum. And in the meantime, Labour are so afraid that their own potential
voters share the hatred of foreigners that they can’t even point out the
practical flaws, let alone the moral ones. As ever, those suffering most from
the faux war between the UK’s two leading centre-right parties will be the
weakest and most vulnerable.
2 comments:
You write about the classic Anglo-Brit malaise - dislike or even hatred of foreigners. That condition is prevalent in Wales too and could be interpreted as a measure of the extent to which we have become assimilated into the "mainstream" Anglo-Brit world view. I acknowledge, or admit to,being suspicious of completely open borders as it allows movement of people that do not mean well. It's difficult at times to fathom the attraction of the UK to people who often cross Europe to get here and pass far more pleasant environments en route !
Now that the old "system" is unable to control flows the knee jerk response is to shut the gates whereas the response should be to quickly appraise arrivals and repurpose them as soon as possible into those areas of work or training where they can be of value, pay some taxes and be part of society. Of course the remaining elephant in the room is the small matter of the housing deficit, bad enough before we had a rush of newcomers and now yet another of UK and Welsh Gov's unattainable objectives.
I certainly agree with your first paragraph , but I would go further to say that under English Constitution referendums have no standing.
There are powerful instruments at hand that can be employed , but since the last unpleasantness with Germany, vested interests in politics and the judiciary have made a power grab that has given Parliament the ability to function without reference to the question -are bills /regulations legitimate when tested against the constitution.
We saw young Charles take the Oath of Allegiance along with other declarations to protect ‘the Rights and Customs of freeborn Englishmen’ ,as the saying goes. To do that the power still exists to reject a Bill, in fact Edward the Seventh did that ( at school I was told it was Queen Ann) but the crunch was avoided as he went toes-up. The weekly Wednesday meeting the Head of State (HOS) has with the government leader should be to test, warn and guide government of the constitutionality of their actions, especially when dealing with Bills not mentioned in their Manifesto, which sadly today are published on the back of an A4 paper as opposed to being a book in the days of my youth.
If there is an impasse in this procedure the HOS can withdraw his confidence in his government and ask them to delay the legislation until it is tested in a manifesto at the next election.
Dear, dear Betty, stood down from this job in 1956 as she found that her government had not given her the full facts -but that is another story and is in the public domain contained in several books about Suez. It did mean that an important constitutional test was not applied, and political parties have run a bit wild.
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