The masterly 2009 book by Vernon Bogdanor, The New British Constitution, set out the overall consequences for British political life of a series of reforms, each seemingly innocent and desirable but productive of a systematic assault on the traditional British constitution and on parliamentary sovereignty. I fully agree with him about the importance of the changes and have to admit that I failed to appreciate their likely impact when they were being introduced. Where I part company with him and with his fellow constitutional reformers is that I feel the new order is dangerous and undesirable and must be fought with vigour.
Bogdanor identifies British entry into Europe, devolution and the Human Rights Act 1998 as key elements of a much larger programme of changes. The remarkable feature of the constitutional revolution is the fact that obscure but determined lobby groups, together with sympathetic civil servants, have been able to wield so much influence.
Two bodies played key roles behind the scenes in the run-up to the 2010 general election: the Constitution Unit at UCL and the Institute for Government, a grand new creation with headquarters in the Privy Council offices near the Mall. Both had unusually close access to O'Donnell, the Cabinet Secretary, and to the staff of the Constitution Unit within the Ministry of Justice.
The Constitution Unit at UCL was founded in 1995 by a former civil servant at the Home Office, Robert Hazell. With money from several funders including the Ministry of Justice and the Gatsby Charitable Foundation, (a creation of Lord (David) Sainsbury, the billionaire who successively bankrolled the SDP and New Labour) Hazell created a leading institution whose influence he justifiably celebrates on its website. The Unit was behind several of the reforms introduced after 1997 by the New Labour ministry, including devolution and the Human Rights Act 1998. When Labour failed to accept Lord (Roy) Jenkins's proposals for electoral reform, the Unit set up its own "commission" to keep the issue alive. Nick Clegg was a prominent member.
Hazell developed close connections with the Department for Constitutional Affairs, created by New Labour in 2003. It has now developed into the Ministry of Justice. Hazell wrote a book with one of its main officials. There was a circulation of staff between the Civil Service and his Unit. Hazell's Unit has raised some £3 million; Sainsbury committed £15 million in 2008 to the Institute for Government.
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