Outline of a proposal, drafted 1st. September 2019

A Referee for Government and Parliament

To help cure our antique democracy we need a referee!

Because our elected parliament, representing we the people, reflects a range of views about the EU and has recently "checked" government from getting its way, the executive led by Boris Johnson has suspended Parliament. A serious attack on the quality of our governance.

In this conflict, better ways of mediation are called for. So far, the head of state, the "crown in Parliament", our monarch has simply approved, "rubber sealed", the arguably dangerous proposal of a prime minister to "prorogue" Parliament, paralysing our MP-representatives for some five weeks. This at a time of political crisis.

How could a political-constitutional referee system work in practice? Consider the moment in recent history after Theresa May was forced to resign by her own party. The Conservative party clearly had the right to choose a leader for themselves. They had no right to install a new prime minister and his government. The party had no Commons majority. In office since 2010 this party failed to deliver agreement on EU – UK relations. Arguably, a new political grouping in the Commons could have been found, one which could better manage and resolve the "brexit" affair. In such a situation of conflict, there is a range of governance options, for instance the Cabinet Manual states that there are choices beyond the automatic acceptance that the incumbent party should continue to hold the power of state. Options included a coalition of opposition parties or/and a pact made among a majority of MPs around a plan to resolve brexit.

What happened? Probably, little is publicly known about what went on behind the scenes of Westminster and Whitehall. What emerged? The Queen anointed the Conservative's prime ministerial candidate, a man who had declared that he is willing to carry out policy for which he has no mandate (e.g. a "no-deal brexit") and whose parliamentary party has no majority. According to pundits and pharisees of our myth-swathed constitution of state, Queen Elizabeth probably had no choice. She must follow the advice of the prime minister and may listen to members of the unelected "Privy Council".

Presidial functions can be done in much better ways. Scholars of politics can no doubt show and explain the options. Our "referees" should be elected for a fixed term and recall-able. Rather than a single person a group of the suitably experienced could be assembled for say a four or seven year period. The "chair" could be occupied by "rotation".

We have shown above that there are strong grounds for providing "the referees" with a right and responsibility to intervene in public crises or gridlocked political or constitutional conflicts. Details of their role to be debated. Regarding our elected parliament, the House of Commons, this role would be advisory. The Commons would continue to hold sovereign political power in trust for the people.

Wallace-Macpherson
e-mail: wm@iniref.org

CITIZEN, DEMOCRACY AND CONSTITUTION
REFORM FOR BRITAIN AND NORTHERN IRELAND  
http://www.iniref.org/reform-gb.html

More about democracy reform
http://www.iniref.org/enter.html

Contact:

Wallace-Macpherson
e-mail: wm@iniref.org