BREXIT – FLAWED PROCESS MEANS FLAWED RESULT

Britain does not have a safe system of political decision-making. Important decisions are made unilaterally by the government, the prime minister really, with Parliament having next to no role, except to finally ratify the government’s decisions. Prime ministerial whims prevail.

It is a law of public policy that good decisions depend on good process. If the process is flawed, the outcome is likely to be flawed. If you want good decisions, take care of the process.

The reason the British system is unsafe is that governmental decisions are not adequately deliberated on, scrutinised and tested. That’s why public policies are a parade of blunders, small and large.

In preparing for Brexit, the prime minister’s whim is to protect the prime ministerial system of government. This is the system once famously branded an “elective dictatorship” (by Lord Hailsham, in 1976). It is the system that allowed Britain to stumble into the invasion of Iraq on the then prime minister’s whim. In this system alternative views to that of the government count for nothing. Public policies are the government’s dictate rather than the outcome of national compromise.

In her Brexit speech yesterday, the prime minister made clear that decision-making is to be in the government’s hand and that Parliament’s role will be to ratify the outcome. This is an unsafe process towards a likely flawed result.

The process has already caused visible damage. Brexit is being made infinitely more confrontational than needs be. The divisions at home from the referendum campaign are not being healed. The views of the 48 percent count for nothing. Britain is causing a monumental fall-out between the democratic countries of Europe in an acrimonious divorce. Once Brexit was a fact, a coming together at home would have been possible, as would a rational collaboration between European friends towards an amicable settlement. But the process the prime minister is clinging on to is leading us to conflict on both fronts.

It is not too late to improve on the process. But it depends on Parliament not accepting yet again to be side-lined. It is for Parliament to temper the prime minister’s whim. It is not good enough for MPs to sit around on their backsides, sulk, and beg to be consulted. Parliament needs to assert itself.

PARLIAMENT – ASSERT THYSELF!

If Members of Parliament could shed their attitude of servility to the Prime Minister and government, this is what they should do: The House of Commons should elect its own leadership in the form of a committee of speakers – the Speaker and five or six deputies – to be in charge of parliamentary business and represent and speak for Parliament. The post of “Leader of the House” should be abolished.

Parliament wants to consider the government’s Brexit plan. The Prime Minister is resisting any serious involvement by Parliament. We have a parliamentary democracy. Parliament does not need to ask the Prime Minister. It should instruct her.

We the people elect Members of Parliament to manage out joint affairs: laws, public policy and budgets. Parliament appoints a government to implement parliamentary decisions and prepare parliament business. Parliament is the democratic boss. The government is its servant.

However, in Britain, constitutional practice, in this as in so much, is ambiguous. Brexit has plunged the country into a power struggle between Parliament and government. This has given Parliament a golden opportunity to assert itself and improve the constitution.

There are two reasons why it is difficult for the British Parliament to exercise its full democratic. First, Parliament is not in control of its own agenda. “The Leader of the House” is appointed by the government and manages parliamentary affairs under the government’s instructions. Parliament has no leadership of its own and no one has a mandate to speak for Parliament as such. The Speaker, who is elected by Parliament, has in this respect only a ceremonial role. Hence, in the ongoing power struggle, there is the government on the one side with all of its apparatus, and on the other side only individual MPs who can no more than appeal to the Prime Minister to involve Parliament. Parliament as such has no voice.

The other reason is in attitudes. It is thought normal by most people in and around Parliament and Whitehall that it is right and proper that the government, once appointed by Parliament, should be in command. The Prime Minister insists that she should be in command of the Brexit process by “royal prerogative” – but in a parliamentary democracy the Prime Minister can have no other prerogative than is accepted by Parliament.

The constitutional practice in which the government dominates Parliament makes for an unsafe system of decision making. The government, the Prime Minister really, has too much of a free hand and government business is not tested by adequate oversight and scrutiny. The Chilcot report last year levied a broadside of criticism against our system of political decision making which enabled Britain to fall into the catastrophe of the Iraq war. Britain is in fact badly governed in general. In their brilliant book The Blunders of our Governments, Antony King and Ivor Crewe, both esteemed constitutional experts, show that badly prepared and mistaken decision making is rather the rule than the exception. The reason for this is not that our politicians are incompetent but that the system is dysfunctional.

We would be better governed if there were a more balanced relationship between Parliament and government. The weak link in the system of decision making is the House of Commons.

In the ongoing power struggle the Prime Minister has, unwisely, decided to protect the government’s supremacy over Parliament. She now wants decision making over Brexit to be conducted in the same way that has long caused blunders great and small. Iraq was a big issue in which Britain got it wrong. Brexit is a big issue that is again being managed under an unsafe system of decision making. Parliament now has the opportunity to improve on our political system – if MPs are able to learn from previous mistakes and act in accordance with their instinct.

BREXIT – OPPORTUNITY OUT OF CALAMITY

Brexit changes everything. With a bang, the opportunity has presented itself for the formation in Britain of a new political party of the centre-left and for that party to take hold. Now is the moment to grasp the opportunity. It will not come again.

The outcome of the referendum has been described, not without justification, as a political revolution. The immediate effect was a collapse of political order, with parties in turmoil and no one in control or authority. The leaders in the campaign have departed the scene en masse.

The Conservative Party is regaining its footing. The Labour Party is however going into destruction, Brexit having become the catalyst for the centre wing to try to wrench back control from the left wing, something they are unlikely to achieve or can only achieve at suicidal cost. The Scottish nationalists are likely to again press for independence. The two-party system, long wobbly, has now collapsed.

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