John Jackson (London, Charter88): In the short time that has passed (less than two months) since the Government published its "think piece" Green paper on the Governance of Britain, where it wants to lead us on constitutional reform is becoming clearer. In the autumn there will be firm proposals for legislative and administrative action on limiting the prerogative powers of the executive and making it more accountable. These will be more or less in line with the items listed in the first two parts of the Green Paper. These are good but not really more than a tidying up operation, as Geoffrey Bindman has said. Thereafter it is all still pretty woolly with regard to both timing and content.Renewing the accountability of parliament, House of Lords reform, making parliament more representative with a fairer voting, all will be addressed, probably after the next general election. There will be some forms of consultation and, perhaps, a degree of direct popular participation on the more fundamental matters of a British Bill of Rights and Duties and a written constitution. Thinking on these does not seem to have got further than an honest statement that the Government wants to address these topics in a way that involves a meaningful national debate. But it is uncertain how to go about this. There is no reason to doubt the Government's honesty. However, there is reason to worry about what its uncertainty will result in.
Genuine popular participation needs the Government to trust the people and "let go". There will be vested interests - particularly those that benefit from the many uncertainties in the present situation - that will not like to see this happen. Their advice to, and pressure on, Government will be to go no further than carefully organised consultation: to keep control of the situation and ensure that any proposals for change are in "safe" hands. Such a course, if the Government yields to this advice, will prove a disaster. The Prime Minister opened his premiership with an enlightened initiative that deserves support. Such support should take the form of "the people" saying loudly and clearly: "We want to participate in this, to co-operate and be co-operated with". Parliament should return power in respect of our constitution to the people. When Parliament went into recess 84 MPs, on a cross-party basis, had already signed up to the Citizens Convention Bill, a private parliamentary initiative calling for this return in plain terms.
At its heart what is at stake is the sovereignty of the people. This is what democracy is about. It is also what the vested interests do not like. The 'sovereignty of Parliament' is a concept which, although challenged increasingly by the judges, is currently the main plank of our constitution. In a normal democracy it would derive its legitimacy from a senior sovereignty - that of the people. It is time for the UK to make this transition. Doing so will not only help with "nation building" but actually increase the importance and independence of parliament. For in our current arrangements 'the sovereignty of parliament' has become a facade for executive control. Whatever happens to the Citizens Convention Bill, the Government cannot ignore the growing impetus behind it and needs to understand that more is needed than consultation - for a 'consultative democracy' is no democracy at all.
