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The Constitutional Reform and Governance Act 2010: The Evolution and Development of a Constitutional Act

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Abstract

The last decade or so has been hallmarked by the passage of successive constitutional legislation which have reshaped, radically, the constitutional arrangements of the United Kingdom. In April 2010, the Constitutional Reform and Governance Bill received the Royal Assent just before Parliament was dissolved prior to the 2010 general election. The Constitutional Reform and Governance Act 2010 contains seven Parts comprising provisions on the civil service, treaties, parliamentary standards, the tax status of members, government financial reporting to Parliament, public records, together with other miscellaneous elements. The Act (or at least aspects of it) had been issued in draft form in March 2008 as the Draft Constitutional Renewal Bill. This Bill received pre-legislative scrutiny by the Joint Committee on the Draft Constitutional Renewal Bill which reported its findings in July 2008. Although the broad overall theme of the 2010 Act is self-evidently one of constitutional reform, other than that, this legislation is simply a collection of disparate and unconnected provisions. In fact, there were significant changes to its contents as it progressed from draft form into a fully-fledged Bill and also as the Bill proceeded through Parliament. For example, these alterations included the insertion of a clause at committee stage in the House of Commons (which was subsequently abandoned), which made a commitment for a national referendum to take place on the electoral system. The purpose of this article is to trace the evolution and development of the 2010 Act by comparing the Draft Constitutional Renewal Bill 2008 with the Constitutional Reform and Governance Bill introduced in the House of Commons in July 2009, and then to compare this incarnation of the Bill with the one which received Royal Assent in April 2010.

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Notes

  1. Hansard, HL Deb, vol 718, col 1008, 24 Mar 2010.

  2. The Governance of Britain, Cm 7170 (Crown Copyright, 2007).

  3. See: Report on the organisation of the permanent civil service (House of Commons, 1854).

  4. Above n 2, at p. 5.

  5. For example see: The Governance of Britain, A Consultation on the Role of the Attorney General, Cm 7192 (Crown Copyright, 2007).

  6. The Governance of Britain—Draft Constitutional Renewal Bill, Cm 7342-II (Crown Copyright, 2008).

  7. The Governance of Britain—Constitutional Renewal, Cm 7342-I (Crown Copyright, 2008).

  8. Above n 7, at p. 14.

  9. For example, see Constitutional Affairs Committee, Constitutional Role of the Attorney General, HC 306, (The Stationery Office, 2007), p. 3.

  10. A Draft Civil Service Bill: Completing the Reform, HC 128-I, (The Stationery Office, 2004).

  11. A Draft Civil Service Bill, A Consultation Document, Cm 6373 (Crown Copyright, 2004).

  12. Joint Committee on the Draft Constitutional Renewal Bill, Volume I: Report, HL Paper 166-I, HC Paper 551-I, (The Stationery Office, 2008).

  13. Public Administration Committee, Constitutional Renewal: Draft Bill and White Paper, HC 499 (The Stationery Office, 2008).

  14. Justice Committee, Draft Constitutional Renewal Bill (provisions relating to the Attorney General), HC 698 (The Stationery Office, 2008).

  15. Above n 12, at p. 7.

  16. Above n 12, at p. 105.

  17. Joint Committee on the Draft Constitutional Renewal Bill, Volume II: Evidence, HL Paper 166-II, HC Paper 551-II, (The Stationery Office, 2008), Q 715.

  18. Above n 12, at p. 7.

  19. Hansard, HC Deb, vol 496, col 106 WS, 20 Jul 2009.

  20. Protocol between the Attorney General and the Prosecuting Departments (July 2009).

  21. For example, Andrew Tyrie: Hansard, HC Deb, vol 497, col 839, 20 Oct 2009.

  22. Joint Committee on Human Rights, Legislative scrutiny: Constitutional Reform and Governance Bill; Video Recordings Bill, HL Paper 33, HC Paper 249 (The Stationery Office, 2010), para 1.17.

  23. Hansard, HC Deb, vol 506, col 911, 2 Mar 2010.

  24. Hansard, HC Deb, vol 504, col 220, 19 Jan 2010.

  25. Ibid, at col 216.

  26. Ibid, at col 218.

  27. Ibid, at cols 219–20.

  28. Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill, Cm 7690 (Crown Copyright, 2009), p. 32.

  29. Mark Ryan, above n 17, at Ev 36.

  30. Above n 24, at col 217.

  31. Above n 12, at p. 69.

  32. Hansard, HC Deb, vol 498, col 780, 3 Nov 2009.

  33. Ibid, at col 789 (Angela Smith, Minister of State).

  34. Ibid, at col 792.

  35. Martin Horwood, ibid at col 771.

  36. Ibid, at col 775.

  37. Above n 12, at p. 70.

  38. Above n 32, at col 773.

  39. Ibid, at col 774.

  40. Above n 12, at p. 46.

  41. Ibid, at p. 44.

  42. For example, see Mark Ryan above n 17, at Ev 36.

  43. Lord Irvine of Lairg: Hansard, HL Deb, vol 599, col 207, 30 Mar 1999.

  44. Above n 1, at col 991.

  45. For example, see House of Lords Bill 2008, HL Bill 4.

  46. Above n 1, at col 1055.

  47. Jack Straw: Hansard, HC Deb, vol 504, col 695, 26 Jan 2010.

  48. Lord Hunt of Kings Heath: Hansard, HL Deb, vol 708, col 491, 27 Feb 2009.

  49. The Governance of Britain, An Elected Second Chamber: Further reform of the House of Lords, Cm 7438 (Crown Copyright, 2008), p. 73.

  50. Above n 47, at col 692.

  51. The House of Lords Reform Bill 2010, HL Bill 8.

  52. www.parliament.uk (last accessed on 18/11/13).

  53. Above n 47, at col 767.

  54. Minister of State, Michael Wills, ibid, at col 765.

  55. Above n 49, at p. 72.

  56. [2007] UKHL 44.

  57. The Public Accounts Commission, Corporate Governance of the National Audit Office: Response to John Tiner’s Review, HC 402 (The Stationery Office, 2008).

  58. That is to say the better alignment of budgets, accounts and estimates.

  59. Above n 2, at p. 35.

  60. Financial Scrutiny: Parliamentary Control over Government Budgets, HC 804 (The Stationery Office, 2009).

  61. Above n 22, at para 1.85.

  62. MPs’ expenses and allowances, Supporting Parliament, safeguarding the taxpayer, Report, Twelfth Report of the Committee on Standards in Public Life, Cm 7724 (Crown Copyright, 2009).

  63. Jack Straw, above n 23, at col 853.

  64. Constitutional Reform and Governance Bill, Report, HL Paper 98 (The Stationery Office, 2010), para 32.

  65. See Gordon Prentice’s: Disqualification from Parliament (Taxation Status) Bill 2007, Bill 24 and Lord Oakeshott’s: House of Lords (Members’ Taxation Status) Bill 2008, HL Bill 38.

  66. Jack Straw, Hansard, HC Deb, vol 505, cols 798–9, 9 Feb 2010.

  67. M. Ryan, “The House of Lords and the Shaping of the Supreme Court” (2005) 56 NILQ 135, at 151.

  68. Above n 66, at col 799.

  69. Above n 1, at col 1040.

  70. Government Response to the 30-Year Rule Review, Cm 7822 (Crown Copyright, 2010).

  71. Above n 32, at col 758.

  72. Above n 24, at col 175.

  73. Above n 64, at para 40.

  74. Above n 1, at col 1030.

  75. House of Lords Select Committee on the Constitution, Pre-Legislative Scrutiny in the 2007–2008 Session, Report, HL Paper 66 (The Stationery Office, 2009), p. 6.

  76. Baroness Boothroyd, above n 1, at col 1008.

  77. Above n 23, at col 914.

  78. Parliamentary Under-Secretary of State, Wayne David: Hansard, HC Deb, vol 498, col 956, 4 Nov 2009.

  79. Michael Wills, ibid, at col 874.

  80. Above n 66, at col 792.

  81. Above n 64, at para 45.

  82. Bribery Bill & Constitutional Reform and Governance Bill: Government Responses to the Committee’s 7th and 11th Reports of Session 2009–2010, Report, HL Paper 108 (The Stationery Office, 2010), p. 12.

  83. Above n 1, at col 995.

  84. Ibid, at col 1000.

  85. Above n 64, at para 46.

  86. Lord Bach, above n 1, at col 964.

  87. Lord Tyler: Hansard, HL Deb, vol 718, col 1478, 7 Apr 2010.

  88. Above n 64, at para 45.

  89. Ibid.

  90. Above n 82, at p. 13.

  91. Above n 28, p. 54.

  92. Dominic Grieve, above n 23, at col 903.

  93. Ibid, at col 907.

  94. Above n 87, at col 1496.

  95. Above n 23, at col 907.

  96. Above n 12, at p. 7.

  97. Ibid, at p. 103.

  98. Above n 11.

  99. Above n 1, at col 1036.

  100. Above n 12, at p. 10.

  101. Above n 49, Chap. 7 and p. 75.

  102. For example, see above n 24, at col 182.

  103. Above n 1, at col 966.

  104. Above n 23, at col 904.

  105. Above n 64, at p. 18.

  106. Above n 24 at col 224. Today, of course, the European Union Act 2011 provides for referendums in the context of the European Union.

  107. Above n 64, at para 39.

  108. Above n 23, at col 914.

  109. Hansard, HL Deb, vol 715, col 164, 23 Nov 2009.

  110. Above n 1.

  111. Ibid, at col 1012.

  112. Ibid, at col 995.

  113. Above n 87, at col 1483.

  114. Above n 64, at para 47. It is significant that in the following year the Committee issued a report on the constitutional reform process in general and recommended a procedure to be followed by a Government intent on making legislative constitutional changes (The Process of Constitutional Change, HL Paper 177, (The Stationery Office, 2011), Chapter 3).

  115. Ensuring standards in the quality of legislation, HC 85, (The Stationery Office, 2013), p. 3.

References

Legislative provisions

  • A Draft Civil Service Bill: Completing the Reform, HC 128-I, (The Stationery Office, 2004).

  • A Draft Civil Service Bill, A Consultation Document, Cm 6373 (Crown Copyright, 2004).

  • The Governance of Britain—Draft Constitutional Renewal Bill, Cm 7342-II (Crown Copyright, 2008).

  • The Constitutional Reform and Governance Bill.

  • The Constitutional Reform and Governance Bill (Explanatory Notes).

  • The Constitutional Reform and Governance Act 2010.

  • The Constitutional Reform and Governance Act 2010 (Explanatory Notes).

Other materials

  • Bribery Bill & Constitutional Reform and Governance Bill: Government Responses to the Committee’s 7th and 11th Reports of Session 2009–2010, Report, HL Paper 108 (The Stationery Office, 2010).

  • Constitutional Affairs Committee, Constitutional Role of the Attorney General, HC 306, (The Stationery Office, 2007).

  • Constitutional Reform and Governance Bill, Report, HL Paper 98 (The Stationery Office, 2010).

  • Ensuring standards in the quality of legislation, HC 85, (The Stationery Office, 2013).

  • Financial Scrutiny: Parliamentary Control over Government Budgets, HC 804 (The Stationery Office, 2009).

  • Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill, Cm 7690 (Crown Copyright, 2009).

  • Government Response to the 30-Year Rule Review, Cm 7822 (Crown Copyright, 2010).

  • Hansard (House of Commons and House of Lords).

  • House of Lords Select Committee on the Constitution, Pre-Legislative Scrutiny in the 2007–2008 Session, Report, HL Paper 66 (The Stationery Office, 2009).

  • Joint Committee on the Draft Constitutional Renewal Bill, Volume I: Report, HL Paper 166-I, HC Paper 551-I, (The Stationery Office, 2008).

  • Joint Committee on the Draft Constitutional Renewal Bill, Volume II: Evidence, HL Paper 166-II, HC Paper 551-II, (The Stationery Office, 2008).

  • Joint Committee on Human Rights, Legislative scrutiny: Constitutional Reform and Governance Bill; Video Recordings Bill, HL Paper 33, HC Paper 249 (The Stationery Office, 2010).

  • Justice Committee, Draft Constitutional Renewal Bill (provisions relating to the Attorney General), HC 698 (The Stationery Office, 2008).

  • MPs’ expenses and allowances, Supporting Parliament, safeguarding the taxpayer, Report, Twelfth Report of the Committee on Standards in Public Life, Cm 7724 (Crown Copyright, 2009).

  • Protocol between the Attorney General and the Prosecuting Departments (July 2009).

  • Public Administration Committee, Constitutional Renewal: Draft Bill and White Paper, HC 499 (The Stationery Office, 2008).

  • The Governance of Britain, Cm 7170 (Crown Copyright, 2007).

  • The Governance of Britain—Constitutional Renewal, Cm 7342-I (Crown Copyright, 2008).

  • The Governance of Britain, An Elected Second Chamber: Further reform of the House of Lords, Cm 7438 (Crown Copyright, 2008).

  • The Governance of Britain, A Consultation on the Role of the Attorney General, Cm 7192 (Crown Copyright, 2007).

  • The Public Accounts Commission, Corporate Governance of the National Audit Office: Response to John Tiner’s Review, HC 402 (The Stationery Office, 2008).

  • The Process of Constitutional Change, HL Paper 177, (The Stationery Office, 2011).

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Authors and Affiliations

  1. Coventry University, Coventry, UK

    Mark Ryan

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Correspondence to Mark Ryan.

Additional information

This article draws upon a conference paper delivered by the author at Southampton University as part of the SLS conference in September 2010.

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Ryan, M. The Constitutional Reform and Governance Act 2010: The Evolution and Development of a Constitutional Act. Liverpool Law Rev 35, 233–254 (2014). https://doi.org/10.1007/s10991-014-9155-2

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