Constitutional Reform Bill [HL]
Official Summary
To repeal the European Communities Act 1972 and the Human Rights Act 1998; to introduce binding referendum powers at national and local level; to require the approval of Parliament to enter into international treaties and to declare war; to make provision about the work of Parliament; to devolve legislative responsibility for certain policy areas to local authorities; and for connected purposes.
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Overview
This Constitutional Reform Bill proposes significant changes to the UK's political landscape, including leaving the European Union, repealing the Human Rights Act, introducing binding referendums at national and local levels, and significantly altering the powers of Parliament and local authorities. It also aims to streamline legislation and review public bodies.
Description
International Matters:
The bill repeals the European Communities Act 1972, effectively withdrawing the UK from the European Union. It also repeals the Human Rights Act 1998. Parliamentary approval would be required for all future international treaties and military actions, except for emergency situations to protect UK interests.
United Kingdom Parliament:
The bill aims to fix the number of parliamentary constituencies to approximately 250, establishes a fixed five-year term for parliamentary general elections, and limits the number of sitting days in the House of Commons to 100. MPs' salaries are set at £30,000, with additional expenses up to £170,000.
A national referendum on House of Lords reform, including its potential abolition, is mandated within seven years.
Legislative Competence and Referendums:
The bill devolves legislative power to local authorities for all matters except those deemed "national reserved matters" (e.g., national treasury, defence, foreign affairs). Binding national and local referendums are introduced, triggered either by government decision or qualifying petitions signed by a significant portion of the electorate.
Regional and Local Democracy:
Local authorities gain extensive powers, including taxation, to govern areas not reserved for the national government. Elections would be held on an empowerment date and every 5 years, or sooner if a local referendum mandates it. A review of public bodies is mandated, potentially leading to the transfer of functions to local authorities or abolition.
Legislation:
The bill mandates Parliament to consolidate and simplify legislation, and all Acts passed after this bill would expire after five years unless renewed.
Government Spending
The bill's financial implications are complex. While it sets MP salaries and expenses, the potential costs associated with the proposed referendums, the devolution of powers to local authorities, and the review of public bodies are yet to be fully determined and may significantly increase government spending or shift the burden to local authorities.
Groups Affected
- UK Citizens: Directly impacted by referendums, changes to the political system, potential changes to human rights protections, and the devolution of power to local authorities.
- Members of Parliament: Affected by salary changes, the fixed parliamentary term, and changes to parliamentary powers.
- Local Authorities: Gain significant new powers and responsibilities, but also face increased financial burdens.
- Public Bodies: Subject to review, which could lead to their abolition or transfer of functions.
- Businesses: May be affected by changes in legislation and the devolution of power.
- International Organisations: The UK's withdrawal from the EU and changes to international treaty-making will profoundly affect relations with these organisations.
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