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Monday Memories – Finding a Middle Way

County Hall in Beverley. Now East Yorkshire, but, in the 1980s, the home of Humberside County Council. George Robinson [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)%5D

34 years on from my election to Humberside County Council, as one of four Liberals holding the balance of power, I cringe at my naivety. I recall being interviewed for the local TV. Asked what I hoped would be better about Humberside at the end of my four year term of office I struggled to come up with an answer and produced something pretty vague about giving people a bigger say in the decisions we took.

One certainty in politics is that everyone thinks they can do better than the current crop of politicians at all levels of government. That was certainly the belief I had on entering politics. It was not long before I came across a number of people who felt the same and found myself explaining that it is not as simple as it seems from what you read in the papers. Quite early on I invited a critic, someone who had written scathingly about the council in a letter to the Grimsby Telegraph, to accompany me on my next briefing session with the Director of Education so that he would have a better understanding of the kind of problems we had to grapple with. To his credit, that man wrote a second letter to the Grimsby Telegraph expressing his appreciation for what I had done.

We had access to the experience of Liberals on other councils where there was no party with an over all majority. These advised strongly that we should not seek alliances with either of the other two parties and this policy was endorsed nationally by the Liberal Party. We might be only 4 men, but together we represented about a quarter of all of the votes cast in the election; we had our own policy priorities, some of which were shared with Conservatives, some with Labour. We would need to consider each decision on its merits, not vote consistently with only one of the other parties.

This proved hard for the others to accept. They were used to a situation where the casting vote, if needed, was the Chairman’s – normally it would not be needed since each service committee would, like the council, have a majority of members from one party. For them this was a new and strange situation. We had to persuade the other parties that, for the next four years, committees would have equal numbers of Labour and Conservative members plus one Liberal; the committee’s chair person would not have a casting vote, the Liberal member would.

To begin with, Labour would not accept committee chairmanships on that basis, so we supported Conservative chairmen (they did not offer any women for these positions.) That lasted until the setting of the first annual budget early in 1986.

There is an endemic problem with the way local government is funded in the UK, one that is, if anything, worse now than it was in the 1980s. A mixture of government allocation and local property tax means that any reduction in the government allocation has to be met, either by a disproportionate amount raised locally, by cuts in services, or by charging for some services. Moreover, there are certain services the council has a statutory duty to provide and which cannot, therefore, be cut, which means that other services are particularly vulnerable to cuts and/or charges. Every such enforced decision – increasing taxes or charges, or cutting services – is bound to make the local politicians unpopular.

The education department, for example, was legally bound to provide education for children aged between 5 and 16 – and beyond for those able to benefit from continuing full time education. Adult education and provision for under 5s were therefore extremely vulnerable to any cuts in the education budget. Councillors on the political right were especially scornful of such provision. Still clinging to old fashioned notions about women’s roles, they believed that, should a mother choose to return to the workplace, she must pay for whatever provision was made for the care and education of her infants until they reached the statutory age for starting school. Likewise, adult education was regarded by the same individuals as a hobby activity which should not be tax-payer funded.

Similar arguments were used in the Social Services area with regard to the provision of home care services.

We were not prepared to support such policies and joined with Labour in voting down the budget proposed by the Conservatives, whereupon they resigned the chairmanships. Labour accepted the chairmanships (including one female) on our terms. That remained the position for the rest of the four year term.

Saturday Sound Off – Stop Confusing ECJ and ECHR

In the course of an on-line discussion about Brexit yesterday a hard-line leaver told me he wanted, among other things, “a right to deport people detrimental to the UK without the ECJ overriding our court’s decisions.” I pointed out to him that the ECJ does not do that. The body that does is the ECHR (The European Court of Human Rights) which is separate from the EU and which Brexit does not impact. This confusion between the two courts is endemic among Brexiters and needs to be properly understood.

The ECJ (European Court of Justice) exists to enforce the various directives issued by the EU in pursuit of its competition policies.

For the most part these concern things involving workers’ rights, consumers’ rights, safety and environmental issues and energy conservation. Member states are supposed to incorporate the substance of such directives into their own legislation. If they fail to do so that gives their businesses a competitive advantage over businesses in those states that have adopted the particular directive. The disadvantaged state can take a case to the court which will investigate and make a judgement which could lead to the offending member state being penalised.

If/when the UK is no longer a member state it will be able to repeal those laws introduced in response to directives that it deems to be restrictive of free and fair trade. The ECJ will no longer have jurisdiction.

Of course, any subsequent trade agreement that we negotiate with the EU, or with third countries, will contain rules and regulations which will need to arbitrated upon by some body not unlike the ECJ.

The WTO has a “Dispute Settlement Body” which operates in much the same way to ensure that agreements entered into are respected by all parties.

“It monitors the implementation of the rulings and recommendations, and has the power to authorize retaliation when a country does not comply with a ruling.” (Quoted verbatim from https://www.wto.org/ENGLISH/thewto_e/whatis_e/tif_e/disp1_e.htm)

So, post Brexit, the UK will not be free to “control its own laws” when it comes to matters of international trade.

View of the Court's main entranceLet’s turn now to the ECHR, the body that enforces the European Convention on Human Rights entered into by all 47 members of the Council of Europe. Originally drafted in 1950 (when there were only 10 members of the Council), it is based on the United Nations Universal Declaration of Human Rights.

Article 3 of the convention prohibits torture.

It is this provision that has lead to the difficulties encountered by the UK government in seeking the deportation of certain individuals who claim that the country to which they were to be deported was governed by a regime in which torture was permitted.

The Convention was enshrined into UK law by the 1998 Human Rights Act. Since then the Conservative Party has discussed the repeal and/or replacement of that act. As this article indicates, post Brexit any “loss of human rights protection will be mitigated as long as the UK continues to be a member of the European Convention on Human Rights.”

Brexit alone will not remove this particular impediment to deportations.

A new Bill of Rights could. Such a bill could have been enacted pre-Brexit and may well be enacted post Brexit, although only if the Conservatives are able to increase their majority in a future general election.

It is the confusion in the minds of many UK citizens over this, and other aspects of EU membership, that convinces me the 2016 referendum was flawed and needs to be revisited, with the option of withdrawing the Article 50 application to leave.