Traitorously and maliciously levied war against the present Parliament

Recognise it? Its the indictment against Charles Stuart, 20th January 1648.

Where else to start? In a roundabout way, Paddy Kavanagh springs to mind:

Forget the worm’s opinion too
Of hooves and pointed harrow-pins,
For you are driving your horses through
The mist where Genesis begins. 

Those #Brexiteers assured us the UK would enjoy some regeneration, a second “genesis”, after 23rd June. They didn’t bother about the painful details. Now, the worm beneath the harrow is beginning to watch for where the tines will drive.

It also started here. Quite why the commenters on politics.ie should divide between ultra-Kippers and staunch defenders of the British Constitution escapes me. But for 1,700 exchanges (and continuing) they did, and do.

4256Personally, I was severely affronted by the vulgarity, the xenophobia, the sexism, the violent populism and anti-elitism fomented by the vulgar, xenophobic, sexist, arrogant,  elitist tabloid press barons in their spittle-speckled assaults on the High Court of Justice.

But back to first principles:

The whole non-event comes down to a binary simplicity:

  • Does the Prime Minister have the right to decide when and what #Brexit means, by exercise of “Royal Prerogative”?

or

  • Is Parliament the essential arbiter? 

Those three High Court judges, in their wisdom, endorsed a thousand years of English history, and declared for Parliament.

I doubt there will ever be plaques, with or without bird-turd, outside the Baby Shard (the London bunker from whence Murdoch’s The Sun rises daily), or Northcliffe House in Kensington (ditto the Daily Mail) as the one outside the Roundhouse pub, on Royal Standard Place, in Nottingham:

king-charles-placque

I laid out my understanding in that previous post.

That left me with the residual issue:

  • When might the “Royal Prerogative” ever be invoked?

As I see it, that Elephantine Object in the Newsroom, the “British Constitution”, constrains both:

  • Courts (who can only interpret the “Constitution” as a corpus of legislation going back to Norman times) and
  • Parliament (which can only act and enact within “constitutional” limits — for example, since the 1911 Parliament Act, the Lords have no powers over money bills, except a one-month delay).

Any amendment to an existing Westminster law would need an amending Act of the Westminster parliament.

We have a balanced — and ever-evolving — settlement between Parliament, devolved Assemblies, and Courts. Still,  I can just about conceive circumstances in which “Royal Prerogative” might need to be invoked — short of a declaration of War. Say the administration of a devolved Assembly became totally unmanageable …

Aha! You’re with me already!

Even then we’d need something like a Northern Ireland (Temporary Provisions) Act, which imposed Direct Rule from 31st March 1972 to its repeal on 2nd December 1999.

I therefore found myself seeing this as an exercise in speedy parliamentary activity, without use of Royal Prerogative.

A bit of parliamentary history

On 20th March 1972, Harold Wilson, under an emergency notice of 16th March, led an Opposition adjournment motion.

This came after weeks of dithering by the Heath government, and procrastination by the Unionist at Stormont. It was now common ground (except among the extremes of opinion in Northern Ireland, who were up for a local Armageddon). The Dublin government was on the verge of doing something unmentionable.

Wilson, ever the opportunist, would have known that the Heath government was about to act; and wanted to get in on the act. The Opposition had another motive : the need for a distractor. The following week the Chancellor was going to offer a crowd-pleasing budget, as a softener for a General election (which would become the “Barber boom”, and stoke up the inflation that bedevilled British politics for the next decade — but that’s another matter).

After three hours of debate (with Prime Minister Heath responding) the government defeated the motion to adjourn by 257 to 294.

Had that vote been lost, the sitting would have ended abruptly, and Heath would, by convention (another bit of unwritten “Constitution”) have had to return the following session to propose a vote of confidence in his own adminstration. Had that vote of confidence been lost, it would immediately require Heath to go the Palace (another bit of “Constitutional” flim-flam) and resign.

At that moment the Queen would have two choices: to accept the now ex-Prime Minister’s request for a General Election, or to summon the Leader of the Opposition to form a new government (who would then promptly request a General Election, which would be granted).

There then intervened three days of Budget debate.

Perspective

At this distance in time, we’d need to remind ourselves just how febrile the atmosphere was at that moment. One name in particular should be in the frame: William Craig.

Craig had lost out to the more moderate Brian Faulkner for the leadership of the Unionist Party and the stool-of-office as Northern Irish Prime Minister. He had then built a party-within-the-Unionist-Party, his private Ulster Vanguard movement — which was closely associated with the loyalists and paramilitaries of such as the UDA. Craig held his “monster rallies”, involving motor-cycle outriders, and armed men drawn up in quasi-military ranks. Craig’s speeches at these rallies are quite outrageous:

We must build up dossiers on those men and women in this country who are a menace to this country because one of these days, if and when the politicians fail us, it may be our job to liquidate the enemy.

Note there “this country”: Craig was advocating a Rhodesian-style UDI.

Keeping it parliamentary

On 24th March, Heath was back to the Commons to make a holding statement in advance of the weekend, announcing the bringing back to Westminster of powers over Northern Ireland :

Parliament will, therefore, be invited to pass before Easter a Measure transferring all legislative and executive powers now vested in the Northern Ireland Parliament and Government to the United Kingdom Parliament and a United Kingdom Minister. This provision will expire after one year unless this Parliament resolves otherwise. The Parliament of Northern Ireland would stand prorogued but would not be dissolved.

The weekend out of the way, on  27th March, the Northern Ireland (Temporary Provisions) Bill was laid before the House, and given a nominal First Reading.

On 28th March there was a full debate, and division (483-18) on the Second Reading. Willie Whitelaw , as Leader of the Commons and as emollient a creature as the Tories could contain, introduced the Bill with a formula of words worth noting in this context:

I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place her interests and prerogative, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

Got that? The “Royal Prerogative” there being made — effectively — subject (if only for this purpose) to the will of parliament. Nearly half a century ago, that must strike as a significant statement. And we have since moved much, much further in claiming democratic accountability through parliament against arbitrary, post-feudal authority.

There was a brief debate on amendments on 29th March (in effect, the “Committee Stage”).

On 30th March all the remaining stages, including the Bill passing the House of Lords, were completed, and at 12.26 pm the Lord Chancellor announced the Royal Assent: it was now an Act of Parliament, subject (see above) to annual review.

After that, interpretation would fall to the Courts.

All done and dusted, with the barest of nods at “Royal Prerogative”.

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Filed under Britain, Daily Mail, History, Law, Murdoch, Northern Ireland, Northern Irish politics, politics, politics.ie, pubs, Quotations

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