8.2.1 Constitutional Change (Labour 1997-2010): Lords Reform, Electoral Reform, Devolution, Human Rights Act, and Supreme Court

House of Lords Reforms

Background and Context

• Pre-Reform Structure: Prior to 1997, the House of Lords was predominantly composed of hereditary peers, alongside life peers and bishops.

Key Changes

• House of Lords Act 1999:
  • Reduction of Hereditary Peers: Reduced the number of hereditary peers from over 750 to 92, who were elected by their peers to remain temporarily.
  • Life Peers and Bishops: The reform did not affect life peers and bishops, who remained in the House.

Impact

• Modernization: Made the House of Lords more meritocratic and representative by significantly reducing the hereditary element.
• Continued Debate: Initiated ongoing discussions about further reform, including proposals for a fully elected or partially elected second chamber.

Electoral Reform

Background and Context

• First-Past-The-Post (FPTP): The traditional electoral system for the UK House of Commons, often criticized for not proportionally representing voter preferences.

Key Changes

• Jenkins Commission (1997-1998):
  • Alternative Vote Plus (AV+): Recommended a hybrid system combining the Alternative Vote with a proportional representation element.
  • Referendum Promise: Labour pledged a referendum on the new system, which ultimately did not occur during their tenure.
• Devolved Assemblies: Introduction of proportional representation systems in Scotland, Wales, and Northern Ireland.
  • Additional Member System (AMS): Used for Scottish Parliament and Welsh Assembly elections, combining FPTP and proportional representation.
  • Single Transferable Vote (STV): Used for Northern Ireland Assembly elections, ensuring a more proportional representation.

Impact

• Mixed Results: While no major reform to the House of Commons electoral system was implemented, significant changes in devolved governments promoted fairer representation.
• Foundation for Future Debates: Laid groundwork for ongoing discussions about electoral reform at the national level.

Devolution

Background and Context

• Centralized Governance: Before 1997, the UK had a highly centralized system of governance with limited regional autonomy.

Key Changes

• Scotland Act 1998:
  • Scottish Parliament: Established with powers over education, health, and justice.
  • Devolved Legislation: Empowered to make primary legislation in specified areas.
• Government of Wales Act 1998:
  • Welsh Assembly: Created with administrative but not legislative powers initially, later enhanced in 2006 to allow for primary legislation.
• Northern Ireland Act 1998:
  • Northern Ireland Assembly: Established following the Good Friday Agreement, with power-sharing arrangements and legislative authority.

Impact

• Increased Regional Autonomy: Empowered Scotland, Wales, and Northern Ireland with significant self-governance.
• Political Stability: Helped address regional demands for autonomy and reduced centralization.

Human Rights Act 1998

Background and Context

• European Convention on Human Rights (ECHR): Established in 1950, but not fully incorporated into UK law before 1998.

Key Provisions

• Incorporation into UK Law: Made the rights and freedoms enshrined in the ECHR enforceable in UK courts.
• Compatibility Requirement: Public authorities required to act in accordance with the ECHR, and UK courts could issue declarations of incompatibility for legislation contravening the ECHR.

Impact

• Enhanced Protection of Rights: Strengthened the legal framework for protecting individual rights and freedoms in the UK.
• Judicial Review: Increased the role of the judiciary in reviewing the actions of public bodies and legislation.

The Supreme Court

Background and Context

• Judicial Committee of the House of Lords: The highest court of appeal before the establishment of the Supreme Court.

Key Changes

• Constitutional Reform Act 2005:
  • Creation of the Supreme Court: Established an independent Supreme Court, separate from the House of Lords, which began operating in 2009.
  • Separation of Powers: Enhanced the separation of the judiciary from the legislature and the executive.
  • Appointment Process: Reformed to ensure transparency and independence in the appointment of Supreme Court justices.

Impact

• Judicial Independence: Strengthened the independence and impartiality of the judiciary.
• Clarity and Accessibility: Improved public understanding and accessibility of the highest court in the UK.

Conclusion

The period of Labour government from 1997 to 2010 was marked by significant constitutional reforms aimed at modernizing and democratizing the UK's political system.

Reforms to the House of Lords, the introduction of proportional representation in devolved assemblies, the establishment of devolved parliaments and assemblies, the incorporation of the ECHR into UK law through the Human Rights Act, and the creation of the Supreme Court all contributed to a more transparent, accountable, and representative system of governance. Understanding these changes is essential for comprehending the evolution of the UK's constitutional framework.