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Joshua Rozenberg
Joshua Rozenberg
The Government is proposing major changes to the constitution of the United Kingdom.

Subject to two referendums, there is to be a parliament for Scotland and an assembly for Wales. There will also be a Bill of Rights for the United Kingdom.

The BBC’s Constitutional Affairs Correspondent, Joshua Rozenberg, considers what these changes would mean.

Devolution

Scottish Parlt
One possible Scottish site - the old Royal High School
The Government plans to introduce two major bills in parliament during the autumn. The Scotland Bill is designed to set up a parliament in Edinburgh. It would be able to make laws and vary rates of income tax in Scotland - though by no more than 3%. The Wales Bill aims to create an assembly in Cardiff. It would take over responsibilities from the Welsh Office although it would not have the power to pass primary legislation.

July 1997: White Papers on the proposals are published, first for Wales then two days later for Scotland. The referendums themselves will take place in the opposite order - on September 11 in Scotland and September 18 in Wales. This leaves seven weeks for campaigning in Scotland between the publication of the White Paper and the referendum and a little over eight weeks in Wales.

The Edinburgh parliament would be able to make laws for Scotland in areas such as education, criminal justice and health. However, the Westminster parliament would remain responsible for Scottish defence, foreign affairs, immigration, social security and broad economic policy.

The Welsh assembly would become responsible for major public services in Wales, with the exception of social security and law and order. It would have powers to reform Welsh quangos and it would inherit the powers of the Secretary of State for Wales to make secondary legislation.

Scottish Secretary Donald Dewar explains the importance of the proposals

Welsh Secretary Ron Davies argues that the status quo is not an option

Inside the Royal High School

Legislation is required before the referendums can be held. The Referendums (Scotland and Wales) Bill was published on May 15 and passed all its Commons stages by June 4. The Government hopes it will become law by July. It says the referendums will be open to everyone entitled to vote at local elections in Scotland and Wales. That includes members of the House of Lords (123 of them live in Scotland) as well as citizens of other European countries resident in Scotland or Wales.

You don't have to be Scottish or Welsh to vote, but you do have to live in Scotland or Wales. There will be no overseas voters: unlike parliamentary elections, Scottish and Welsh people living abroad will not be allowed to take part in the referendums.

People in Scotland will get two separate ballot papers. This is what the first one will say:

Parliament has decided to consult people in Scotland on the Government's proposals for a Scottish Parliament:

Put a cross (X) in the appropriate box

I AGREE THAT THERE SHOULD BE A SCOTTISH PARLIAMENT  

OR

I DO NOT AGREE THAT THERE SHOULD BE A SCOTTISH PARLIAMENT  
 

The second ballot paper will presumably be printed on different coloured paper. This is how it will look:

Parliament has decided to consult people in Scotland on the Government's proposals for a Scottish Parliament to have tax-varying powers:

Put a cross (X) in the appropriate box

I AGREE THAT A SCOTTISH PARLIAMENT SHOULD HAVE TAX-VARYING POWERS  

OR

I DO NOT AGREE THAT A SCOTTISH PARLIAMENT SHOULD HAVE TAX-VARYING POWERS  
 

People voting in Wales will receive one ballot paper, printed in two languages. This is what voters will read:

Parliament has decided to consult people in Wales on the Government's proposals for a Welsh Assembly:

Mae'r Senedd wedi penderfynu ymgynghori a phobl yng Nghymru ar gynigion y Llywodroath ar gyfer Cynulliad i Gymru:

Put a cross (X) in the appropriate box

Rhowch groes (X) yn y blwch priodol

I AGREE THAT THERE SHOULD BE A WELSH ASSEMBLY

YR WYF YN CYTUNO Y DYLID CAEL CYNULLIAD I GYMRU

 

OR

NEU

I DO NOT AGREE THAT THERE SHOULD BE A WELSH ASSEMBLY

NID YR WYF YN CYTUNO Y DYLID CAEL CYNULLIAD I GYMRU

 
 

The Government will appoint Chief Counting Officers for Scotland and Wales to conduct the referendums and certify the results. They in turn will appoint local counting officers. The Referendum Bill tries to exclude the power of the courts to question results announced by counting officers. Courts do not like seeing their powers excluded in this way and there is some doubt over whether this clause would work. However, ministers say this sort of provision is normal in legislation dealing with referendums and it provides a safeguard against unnecessary litigation.

The Government strongly supports the idea of a parliament for Scotland with tax-varying powers and a more limited assembly for Wales. Although a majority of just one vote will be sufficient to trigger the devolution legislation, the Prime Minister and his Government will be campaigning in Scotland and Wales in the hope that as many voters as possible will say ‘I agree’.

If the Government's proposals are approved, preliminary work will start on the buildings to be used for the Scottish Parliament and the Welsh Assembly. In total, that could cost up to £40 million. The two devolution bills will be published after the House of Commons returns in October and are likely to complete their parliamentary passage by next summer. Elections would be held by 1999 so that the two bodies could meet in time to welcome in the new millennium.

Human Rights

The Government has announced plans to incorporate the European Convention on Human Rights into the laws of the United Kingdom. The convention was drawn up after the war and ratified by the UK in 1951. Among many other things, it guarantees the right to respect for family life, freedom of expression and a fair trial. However, there are exceptions to most of these rights.

Strasbourg court
The European Court in Strasbourg
At the moment, the only way of claiming rights granted by the convention is to take a case to the European Court of Human Rights, which is based in the French city of Strasbourg. This is a lengthy and complicated process: it can take five years or more. If parliament accepts the government’s proposals, anyone who claimed their human rights had been breached would be able to challenge the government in the United Kingdom courts.

A claimant who lost would still be able to go on to Strasbourg. However, the Government will not be able to appeal against a defeat in the United Kingdom courts. Governments do not have human rights.

The previous government opposed these moves because it feared that judges would be forced to make political decisions. Much depends on how the legislation is worded. The government is thought to support a fairly weak form of incorporation, along the lines of the New Zealand Bill of Rights. The courts would be told that as far as possible they should interpret the law in a way that was consistent with the human rights convention. However, parliament would still be able to pass a law which was inconsistent with the convention if it said so explicitly. This means parliamentary sovereignty would be preserved.



Diana, Princess of Wales, 1961-1997

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