Having heard rather a lot of muddled thinking from politicians, gargling journalists and on Newsnight from no less than Lord Armstrong, sometime Cabinet secretary, I thought I would try and state the constitutional conventions as clearly as I can.
If there are any Constitutional Lawyers left in the UK they might well want to add to these rules. It is hoped that Anthony Howard and Peter Hennessey will be made great use of during the election programmes as they are fascinating authorities to listen to on this and many other political and constitutional matters. Here for what it is worth is my penny worth, which I suspect will be challenged as being divorced from reality or inaccurate by the time Rules 12 and 13 are reached, if not before.
The Queen
I do not expect the Queen to get in contact as she will be too busy getting ready for watching the results come in or getting an early night. She received one to one tutorials on the British Constitution from the age of 13 at Eton College just across the road from Windsor Castle. Her teacher was Sir Henry Marten and the teaching was probably based on the writing of the Victorian Walter Bagehot. She has seen the Constitution operate with regard to Prime Ministers' Harold Wilson and Edward Heath after the 1974 election and so she will not need to do much homework in preparation for a stalemate on Friday. Her great grandfather King George the V became familiar with the rules during the great Constitutional crisis which led to the Parliament Act 1911 so there is some family experience involved here. On being advised by his Private Secretary that he was constitutionally obliged to follow the advice of his Prime Minister in all circumstances, even if he was advised to sign his own death warrant, the King replied in his usual nautical language, ‘If he did, I’d shoot the bugger dead!’
Even if Queen Elizabeth II might feel like using strong language I suspect that the handbag on the table and the regal look might be enough to discomfort a modern Prime Minister.The rules that follow are constitutional big time and hopefully will never need to be applied through to Rule13 because I suspect it would be lucky for none.
Contingency Plan
The current Cabinet Secretary's contingency plan is designed to allow time for the Prime Minister to establish whether he can form a Government from the new House of Commons. If the Conservatives win an overall majority of 326 seats or more he must resign and recommend that Mr Cameron be asked to form a government, If there is no overall majority then the Prime Minister will have to decide whether he can do a deal with another party so that he can either run a minority government or form a co-coalition or pact of some kind. If the Conservatives do not reach 326 seats but nevertheless have more seats than Labour and Liberals combined, then he will have to consider resigning he should advise the Queen to invite Mr Cameron to form a minority government.
In all such negotiations the Queen should not be involved although the Prime Minister is under a duty to keep her informed. The Opening of Parliament is set for May 23rd so whatever the outcome the new Government must present its Queens Speech to Parliament to accept or reject.
The 13 rules for resolving a hung parliament
I think i have covered all the points but I must confess that by the time I got to the end of Rule 13 I felt I was entering an Alice in Wonderland constitution.
1) The Prime Minister is the Queens principle adviser until he resigns
2) The Queen must always act on the advice of her Prime Minister
3) The Prime Minister must give reliable advice to the Queen
4) The Queen may advise, encourage and/or warn her Prime Minster
5) The Queen cannot insist that her advice etc shall be followed
6) The Queen may only have a person as Prime Minister if he or she commands the support of the majority of the House of Commons
7) Until that confidence is clearly not available the PM can stay in office
8) The PM is entitled to establish whether or not that confidence will be forthcoming when the Government presents its programme to the House Commons in the Queens Speech.
9) If that cannot be done then the Prime Minister should resign and recommend who else should be invited to form a Government.
10) If the Prime Minister’s party, and its other supporters, have not won the vote on the Queens speech the Prime Minister would ask the Queen for a dissolution of Parliament and a new election should follow.
11)The Queen should not intervene and should await advice from the Prime Minister but her Private secretary will keep her informed in the meantime.
It now gets a bit unpleasant:
12) It would seem that the Queen may not be obliged to grant a dissolution. She might ask the Prime Minister to see if he or another person could form a government.In the event of losing such a vote the Prime Minister can either resign with a recommendation to the Queen as to who he thinks will be able to form a Government, or ask the Queen to dissolve Parliament so that a new election could be held.
13) The Queen being entitled to advise, encourage and warn, will seek advice from the Prime minister as to whether another election would be in the nations interest due to e.g., a serious run on the pound or public hostility etc. There would have to be something seriously wrong either with the UK's position or the Prime Minister if the Queen was to delay in responding to Prime Ministers request for another election. She is entitled to seek the advice of others such as Privy Councillors to see that there is no possibility of forming a Government from the recently elected House of Commons. If the Prime Minister insists that a General Election is the only way forward the Queen would be obliged to follow his advice. However, if the Queen feels that someone else might be able to form a Government she could take the highly risky step of inviting another person to do so, but of course the Prime Minister might refuse to resign. In which case the Queen can advise, encourage and warn him of the consequences and should follow convention and dissolve Parliament. If she did refuse the Prime Ministers request this would be a major departure from the usual and it could be seen as ‘unconstitutional’ although it would be completely within the law. It would also be perfectly lawful for the Queen to dismiss the Prime Minister in these circumstances but again this could be seen as unconstitutional.
The Queen is required to keep above politics but at the same time must act on the advice of politicians. It is up to the politicians to get their act together when a Hung Parliament arises. Should she receive advice which could causes excessive damage to the nation she will warn. If the position is so severe she could act as a constitutional long stop. Such circumstances could put the Constitutional Monarchy itself in jeopardy. The Queens obligation is to protect the Constitution in accordance with her Coronation Oath. No Prime Minister should put the Monarch in such a position as he himself would be seen to be undermining the Constitution.
While we are at the limits of constitutional bad case scenarios, the Queen would probably be taking little risk to sack a Prime Minster who refused to resign after failing to form a Government or losing a vote of confidence and did not want a further election. There would be no Government and the Queens intervention would be the only legal course of ending the stalemate.
Thursday, 6 May 2010
Tuesday, 4 May 2010
How to run a Marathon:One persons run in the London Marathon
Mary received this account of the London Marathon from a friend who took part this year. We all thought it was moving and inspiring and we publish it here with the kind permission of the author. Our last information is that a full recovery has been made.
Dear all,
As many of you already know, I successfully completed the London marathon on Sunday in 4:18:32 which put me in 15679th place and the 3272nd woman to finish! Not quite the first place some of you were rather ambitiously predicting but in the top half! A massive thank you to all of you for your interest, good luck messages and your sponsorship. Your generosity means that I blew away my target amount for sponsorship for Whizz Kidz as well and am currently climbing towards £2,100! Well done you all.
The day didn't start well as I woke up to a flat phone battery and no idea what time it was. After showering and getting dressed I finally found a clock on the central heating controls which told me it was still only 6.45a.m.! Mairead had been a star already, feeding me pasta and donating her bed to me, and she made sure I was delivered to the station time. I had been worried about finding my way to start but there was no need - both the train and the platform were full of friendly fellow runners. Most of the people I talked to were also first time runners including one girl who had given birth only 10 months ago!
The start was a hive of activity and the rain didn't seem to dampen anyone's spirits. I made a new friend from Norwich who was starting in the same zone as me and was also running for Whizz Kidz so we lined up together. Finally the big moment was there and 15 minutes and 58 seconds later I crossed the start line, pretty close to the back of the field and alongside a man in armour.
Having only ever watched the marathon (every year) on tv, I wasn't really prepared for how overwhelming I would find the atmosphere. The crowds are mindblowing all the way around the course. They turn out with buckets of oranges, mars bars or jelly babies to help the runners. Or they set up sound systems or bands in their gardens or the local pub to help you along. They cheer people's names if they see them looking tired and some defy the many tube disruptions to appear multiple times along the course in support of friends or family. If I ever started to feel a bit tired, there would be a fantastic song to dance and clap along to as I ran past - 'Tonight's gonna be a good night' by the Black Eyed Peas was a particularly good one. I had hundreds of high fives with kids around the course. At times, I was struggling not to cry - it was amazing.
The running was not nearly as bad as I expected. I kept drinking and managed to eat a mars bar in bits during the race. I gave in to the need to pee after about 15 miles by which time the queue for the portaloo meant I only had to wait a couple of minutes! The Whizz Kidz supporters were giving me a big cheer at various points along the course and I managed to spot Mairead after about 21 miles which gave me a big boost. Sarah, Jo and Sian saw me and screamed at me but I completely failed to spot them - sorry girls! I pretended any Vote Labour posters were Gwynne cheering me on, which I knew he was in spirit. The last couple of miles were a case of picking off each 100m as it came and trying not to think that the finish was close in case all my muscles gave up. The crowds and the other runners carried me along - there was no way I was going to stop at that point.
And then I crossed the finish line, nearly tripping the girl next to me in my attempts to wave and smile at the camera! There is sense of quiet satisfaction in that area behind the line. No-one has the energy to celebrate flamboyantly and I happily got my medal and goody bag and put on my foil blanket so I looked the part! I managed to find the girls in the crowds and they fed me sweets and delivered me safely home to Cardiff for a well deserved and very much appreciated hot bath. The legs were pretty sore the following day and going downstairs was an issue but I seem to have made a full recovery!
It has definitely been one of the most amazing experiences I've ever had. And not just the day - everyone's support and encouragement has been brilliant. I recommend that any of you give it a go if you can!
Thanks again for everything.
Whizz Kidz is a charity which is all about giving disabled children and young people the chance to enjoy an active life whether at home, school or at play.
http://www.whizz-kidz.org.uk/
Dear all,
As many of you already know, I successfully completed the London marathon on Sunday in 4:18:32 which put me in 15679th place and the 3272nd woman to finish! Not quite the first place some of you were rather ambitiously predicting but in the top half! A massive thank you to all of you for your interest, good luck messages and your sponsorship. Your generosity means that I blew away my target amount for sponsorship for Whizz Kidz as well and am currently climbing towards £2,100! Well done you all.
The day didn't start well as I woke up to a flat phone battery and no idea what time it was. After showering and getting dressed I finally found a clock on the central heating controls which told me it was still only 6.45a.m.! Mairead had been a star already, feeding me pasta and donating her bed to me, and she made sure I was delivered to the station time. I had been worried about finding my way to start but there was no need - both the train and the platform were full of friendly fellow runners. Most of the people I talked to were also first time runners including one girl who had given birth only 10 months ago!
The start was a hive of activity and the rain didn't seem to dampen anyone's spirits. I made a new friend from Norwich who was starting in the same zone as me and was also running for Whizz Kidz so we lined up together. Finally the big moment was there and 15 minutes and 58 seconds later I crossed the start line, pretty close to the back of the field and alongside a man in armour.
Having only ever watched the marathon (every year) on tv, I wasn't really prepared for how overwhelming I would find the atmosphere. The crowds are mindblowing all the way around the course. They turn out with buckets of oranges, mars bars or jelly babies to help the runners. Or they set up sound systems or bands in their gardens or the local pub to help you along. They cheer people's names if they see them looking tired and some defy the many tube disruptions to appear multiple times along the course in support of friends or family. If I ever started to feel a bit tired, there would be a fantastic song to dance and clap along to as I ran past - 'Tonight's gonna be a good night' by the Black Eyed Peas was a particularly good one. I had hundreds of high fives with kids around the course. At times, I was struggling not to cry - it was amazing.
The running was not nearly as bad as I expected. I kept drinking and managed to eat a mars bar in bits during the race. I gave in to the need to pee after about 15 miles by which time the queue for the portaloo meant I only had to wait a couple of minutes! The Whizz Kidz supporters were giving me a big cheer at various points along the course and I managed to spot Mairead after about 21 miles which gave me a big boost. Sarah, Jo and Sian saw me and screamed at me but I completely failed to spot them - sorry girls! I pretended any Vote Labour posters were Gwynne cheering me on, which I knew he was in spirit. The last couple of miles were a case of picking off each 100m as it came and trying not to think that the finish was close in case all my muscles gave up. The crowds and the other runners carried me along - there was no way I was going to stop at that point.
And then I crossed the finish line, nearly tripping the girl next to me in my attempts to wave and smile at the camera! There is sense of quiet satisfaction in that area behind the line. No-one has the energy to celebrate flamboyantly and I happily got my medal and goody bag and put on my foil blanket so I looked the part! I managed to find the girls in the crowds and they fed me sweets and delivered me safely home to Cardiff for a well deserved and very much appreciated hot bath. The legs were pretty sore the following day and going downstairs was an issue but I seem to have made a full recovery!
It has definitely been one of the most amazing experiences I've ever had. And not just the day - everyone's support and encouragement has been brilliant. I recommend that any of you give it a go if you can!
Thanks again for everything.
Whizz Kidz is a charity which is all about giving disabled children and young people the chance to enjoy an active life whether at home, school or at play.
http://www.whizz-kidz.org.uk/
Lost in Rochdale
(Or Gordon goes deaf in the mill towns: Did you say ‘Flocking?’)
In the summer of 1960 I decided that I would spend my week’s holiday hitch- hiking to Fort William in order to climb Ben Nevis. To cut a long story short I finished up bouncing around in the mill towns of Yorkshire and Lancashire before escaping with the help of a lorry driver who to my good fortune was heading for Glasgow. As a southern 16 year old those mill towns were a bit of a shock with the girls sitting out having their lunch break, all looking like Gracie Fields.
I have since learnt quite a bit about life in the mills, the hardships of the working people and especially the noise that caused many of them to go deaf due to the clatter of the machines. I now know that Rochdale has the proud claim to be the home of the Rochdale Pioneers who brought us the idea of the co-operative movement and it is this bundle of memories which makes Gordon Brown’s electioneering gaff all the more distressing. He is, as far as I am aware, of sound hearing, but he wasn’t listening to Gillian Duffy, and for some time hasn’t been listening to Labour’s traditional voters.
Of all the places to visit this surely was a Labour homeland, albeit having been represented by Cyril Smith for the Liberals for many years. This was a place where Labour’s record and plans for the future should have been articulated at their clearest with the help of the many faithful lifetime Labour voters who would find it unthinkable to vote for any other party. Gordon’s Black Wednesday was to bring none of this. Like Tony Blair before him he seems to have paid little attention to history and presumably thought that a succession of handshakes and small talk would suffice.
Unfortunately he was introduced to model traditional voter, Gillian Duffy, whose working class tradition of speaking out would normally have been a credit to any Labour constituency branch. Such is the shallowness of modern political life that this grandma was not heard but dismissed as a bigot even though as a person concerned for the future of her grandchildren she wanted to hear Labour’s plans. Whatever impression the film footage might have given, the now well known interlude of accusing anger, says much of Labour’s loss of vision and connection with its roots.
Gillian Duffy was a sure bet for a Labour vote but the signs of disconnection were already showing. The 10p tax controversy and the ridiculous purported correction which Gordon Brown claimed to have made and the whole fiasco of immigration and asylum seekers are the most obvious. Gordon Brown’s slogan, ‘British Jobs for British people’ if it had any meaning at all, was too late. The Labour Government rejected delaying open borders for those seeking work and, getting its estimates wrong, jumped in with both feet. It appears to have had no inkling of how working people would perceive this. Was it really all about having cheap strawberries for much of the year! Unfortunately not, it was about the arrival of a great deal of competent workers who would provide added competition and keeps wages down. Worse still, it was providing much needed skilled workers when the Labour Government since 1997 had undermined the value of acquiring practical skills and promoted the higher education route.
It has falsely raised the aspirations of many young people who in another age would have been the proud and natural recruits for the modern skilled workforce we need. While Polish plumbers were fully employed, many British youngsters were finding it extremely difficult to find a place on a plumbing course at their nearby college, while those who went to university had to take on part time work to supplement the crippling debt which crippling fees required. As a result the quality of their university experience has been reduced, aided and abetted by the dash to acquire funds by overvaluing researchers and regarding good teachers as unimportant. How many stories have you heard of lecturers who regard the teaching as a chore attracting no kudos, or of post-grad students teaching with poor communication skills?
Not surprisingly the cartel of older universities has managed to keep the impact of this muddled expansion to a minimum, and exploit research funding to great advantage. For a generation of Labour politicians who benefitted so much from free higher education this speaks of Jack and his ladder with more to come in further education with practical skills courses already being cut.
Whatever the complicated reasons for this influx of labour from the EU or elsewhere, it is clear from listening to the many debates and watching the faces of the audiences, that a large proportion of working people remain unconvinced when they see the lack of jobs, houses and investment in areas like Rochdale. If a party seeking re-election is unable to respond in a convincing manner, and does not appear to even listen to its thinking and articulate supporters, is it any wonder that some people exploit the job shortage/immigration ratio, imagined or not, for their own unpleasant political purposes. It should not be forgotten that many potential Labour voters will not all have the principles which prevent their sense of betrayal leading them to the extreme right. Mrs Duffy has chosen not to vote at all, whilst others might be thinking of ‘flocking’ elsewhere thanks to Labour’s failure to stay in touch with its roots. Let us hope that the Rochdale incident reminds people of what the Rochdale Pioneers represented and what New Labour never seemed to understand.
Postscript: The Daily Mail/Mail on Sunday won the exclusive interview rights with Mrs Duffy and it would seem that the editor was happy to print her story without embellishment. Presumably on the basis that its speaks for itself. The interview story was accompanied by an excellent piece by Rochdale girl Liz Kershaw.
See also: Michael Collins, author of “The Likes of Us: A biography of the White Working Class”
The co-operative movement and the Co-operative Party seem to have been hidden behind the aristocratic embrace of the Labour Party establishment for too long and it is ironic that suddenly the merits of companies like the John Lewis Partnership are now expressly referred to in the Labour Party Manifesto. It is ironic on several levels. A party which has had so much faith in British management and bankers now recognises that employees are very much third fiddle to Directors and shareholders. Would it have anything to do with the popularity of their products with MP’s when refurnishing their homes at the tax payer’s expense? Too little too late me thinks.
That said the John Lewis Partnership and the co-operative models are ideas whose time should have come years ago. Let’s hope they are not forgotten in the coming hard-times we are about to enter.
In the summer of 1960 I decided that I would spend my week’s holiday hitch- hiking to Fort William in order to climb Ben Nevis. To cut a long story short I finished up bouncing around in the mill towns of Yorkshire and Lancashire before escaping with the help of a lorry driver who to my good fortune was heading for Glasgow. As a southern 16 year old those mill towns were a bit of a shock with the girls sitting out having their lunch break, all looking like Gracie Fields.
I have since learnt quite a bit about life in the mills, the hardships of the working people and especially the noise that caused many of them to go deaf due to the clatter of the machines. I now know that Rochdale has the proud claim to be the home of the Rochdale Pioneers who brought us the idea of the co-operative movement and it is this bundle of memories which makes Gordon Brown’s electioneering gaff all the more distressing. He is, as far as I am aware, of sound hearing, but he wasn’t listening to Gillian Duffy, and for some time hasn’t been listening to Labour’s traditional voters.
Of all the places to visit this surely was a Labour homeland, albeit having been represented by Cyril Smith for the Liberals for many years. This was a place where Labour’s record and plans for the future should have been articulated at their clearest with the help of the many faithful lifetime Labour voters who would find it unthinkable to vote for any other party. Gordon’s Black Wednesday was to bring none of this. Like Tony Blair before him he seems to have paid little attention to history and presumably thought that a succession of handshakes and small talk would suffice.
Unfortunately he was introduced to model traditional voter, Gillian Duffy, whose working class tradition of speaking out would normally have been a credit to any Labour constituency branch. Such is the shallowness of modern political life that this grandma was not heard but dismissed as a bigot even though as a person concerned for the future of her grandchildren she wanted to hear Labour’s plans. Whatever impression the film footage might have given, the now well known interlude of accusing anger, says much of Labour’s loss of vision and connection with its roots.
Gillian Duffy was a sure bet for a Labour vote but the signs of disconnection were already showing. The 10p tax controversy and the ridiculous purported correction which Gordon Brown claimed to have made and the whole fiasco of immigration and asylum seekers are the most obvious. Gordon Brown’s slogan, ‘British Jobs for British people’ if it had any meaning at all, was too late. The Labour Government rejected delaying open borders for those seeking work and, getting its estimates wrong, jumped in with both feet. It appears to have had no inkling of how working people would perceive this. Was it really all about having cheap strawberries for much of the year! Unfortunately not, it was about the arrival of a great deal of competent workers who would provide added competition and keeps wages down. Worse still, it was providing much needed skilled workers when the Labour Government since 1997 had undermined the value of acquiring practical skills and promoted the higher education route.
It has falsely raised the aspirations of many young people who in another age would have been the proud and natural recruits for the modern skilled workforce we need. While Polish plumbers were fully employed, many British youngsters were finding it extremely difficult to find a place on a plumbing course at their nearby college, while those who went to university had to take on part time work to supplement the crippling debt which crippling fees required. As a result the quality of their university experience has been reduced, aided and abetted by the dash to acquire funds by overvaluing researchers and regarding good teachers as unimportant. How many stories have you heard of lecturers who regard the teaching as a chore attracting no kudos, or of post-grad students teaching with poor communication skills?
Not surprisingly the cartel of older universities has managed to keep the impact of this muddled expansion to a minimum, and exploit research funding to great advantage. For a generation of Labour politicians who benefitted so much from free higher education this speaks of Jack and his ladder with more to come in further education with practical skills courses already being cut.
Whatever the complicated reasons for this influx of labour from the EU or elsewhere, it is clear from listening to the many debates and watching the faces of the audiences, that a large proportion of working people remain unconvinced when they see the lack of jobs, houses and investment in areas like Rochdale. If a party seeking re-election is unable to respond in a convincing manner, and does not appear to even listen to its thinking and articulate supporters, is it any wonder that some people exploit the job shortage/immigration ratio, imagined or not, for their own unpleasant political purposes. It should not be forgotten that many potential Labour voters will not all have the principles which prevent their sense of betrayal leading them to the extreme right. Mrs Duffy has chosen not to vote at all, whilst others might be thinking of ‘flocking’ elsewhere thanks to Labour’s failure to stay in touch with its roots. Let us hope that the Rochdale incident reminds people of what the Rochdale Pioneers represented and what New Labour never seemed to understand.
Postscript: The Daily Mail/Mail on Sunday won the exclusive interview rights with Mrs Duffy and it would seem that the editor was happy to print her story without embellishment. Presumably on the basis that its speaks for itself. The interview story was accompanied by an excellent piece by Rochdale girl Liz Kershaw.
See also: Michael Collins, author of “The Likes of Us: A biography of the White Working Class”
The co-operative movement and the Co-operative Party seem to have been hidden behind the aristocratic embrace of the Labour Party establishment for too long and it is ironic that suddenly the merits of companies like the John Lewis Partnership are now expressly referred to in the Labour Party Manifesto. It is ironic on several levels. A party which has had so much faith in British management and bankers now recognises that employees are very much third fiddle to Directors and shareholders. Would it have anything to do with the popularity of their products with MP’s when refurnishing their homes at the tax payer’s expense? Too little too late me thinks.
That said the John Lewis Partnership and the co-operative models are ideas whose time should have come years ago. Let’s hope they are not forgotten in the coming hard-times we are about to enter.
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