Will parliament claw back control?

Two days from Tuesday’s crucial vote ….

It’s curious how the argument has become the legislature against the executive, parliament against Theresa May’s government’s Brexit agreement with the EU. I’m not a fan of historical parallels, but I’m reminded of Parliament before and during the time of the Civil War, clawing control away the monarchy, ensuring that the executive would be beholden to the legislature. The 1689 Bill of Rights enshrined this in statute. Only the government could originate legislation – but why put forward a bill if it was unlikely to get through parliament?

Three-line whips, control over the parliamentary timetable and the sheer bludgeoning effect of government have tilted the balance toward government in recent times. Time in the eyes of many for a re-balancing.

Why are we in this situation? Because of the natural tendency of the executive to arrogate power to itself. The referendum has brought arguments over what has been effectively a transfer of power to a head. The government has arrogated to itself a new power to be the guardian of ‘the will of the people’. While Charles 1st wasn’t too good at bringing ordinary folk over to his side, we’ve already a good few examples in other countries in our own time of noisy politicians with big ideas asserting the power of government, in the name of a people, of tradition, of race or nation, over a legislature.

I’ll say again what I’ve said before – we are a parliamentary democracy. It’s taken us almost eight hundred years, if we go back to Magna Carta, to reach this point. Ultimately the legislature has to call the tune – not a government arguing that a third-party, ‘the people’, ‘the will of the people’, has a prior claim. The will of the people – it may reflect, as the Brexit vote did, a groundswell of opinion, but fashioned too easily by others, not least the media, for their own ends.

And opinion can change. From one year to the next. All decisions of government need reversibility. That has to apply to referenda if they’re to have any legitimacy. Every government operating through parliament knows that it has not only to get its legislative programme through – it knows also that it will be held accountable, and everything could indeed be reversed, come the next election.

Government vs parliament. There has to be, in the name of good government, only one winner. And last Friday, yes, we do have to thank Mr Speaker for entering the lists, and allowIng a vote on an amendment which breaks with recent precedent and allows the House of Commons a much greater role in determining the parliamentary timetable.

We wait on Tuesday’s vote …

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