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Essential Public Affairs for Journalists
Essential Public
Affairs for
Journalists
SIXTH EDITION
James Morrison
1
1
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
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© James Morrison and the National Council for the Training of Journalists 2019
The moral rights of the author have been asserted
Third edition 2013
Fourth edition 2015
Fifth edition 2017
Impression: 1
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Public sector information reproduced under Open Government Licence v3.0
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Links to third party websites are provided by Oxford in good faith and
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contained in any third party website referenced in this work.
For my beloved Annalise, Scarlet, Rosella, and Ivor Munro
New to this edition
The preface to the fifth edition of Essential Public Affairs for Journalists began
with my tacit apology for opening each new edition with a despairing lament
about the impossibility of future-proofing the book in the face of the relentless
political earthquakes that have rocked Britain since the financial crash. Two
years on, and the stylus descends on a cracked record. As I sit down to write
this biennial missive, the aftershocks of the ‘Brexit’ referendum and the 2017
‘snap’ general election continue to play out, live and in real time, in Parliament,
church hall gatherings of Jacob Rees-Mogg’s European Research Group, and
the negotiating chambers of Brussels. The United Kingdom once more stands
on a political precipice.
Keeping this book current has never been easy. Work on the second edition
started the very week the Coalition was formed; the third was penned amid one
of the most frenzied periods of legislative reform in modern times; the fourth
edition’s schedule was extended to accommodate the outcome of the October
2014 Scottish independence referendum but was powerless to predict that of
the 2015 election that ensued weeks after its publication; and, though it was
able to record the result of the ‘Brexit’ vote, David Cameron’s resignation as
prime minister, and Theresa May’s coronation in his place, the fifth volume
failed to allow for a premature election the following year which was (theoreti-
cally) precluded by the 2011 Fixed Term Parliaments Act.
But few of these milestones, momentous though all of them were, stand com-
parison with that which awaits us in the coming months, as the United Kingdom
stands on the threshold of finally departing the European Union—more than
forty-five years after it (reluctantly) joined the then ‘Common Market’. Though
our publishing timetable has once more been stretched, allowing us to capture
the result of the (first) ‘meaningful’ Commons vote on Mrs May’s ‘final’ Brexit
deal in December 2018, who knows what will have come to pass by the time this
edition hits the shelves? Everything from another election to a second referen-
dum remain distinct possibilities—and, even if both are averted, Mrs May’s
personal fate remains far from certain.
Other than extensive coverage of Brexit and its manifold repercussions,
though, what else can you expect to find in the latest edition of EPAFJ? Aside
from all the usual pedagogic updates—new current issues, topical feature
ideas, and further reading lists—the book has been revised to take in the latest
political realignments at Westminster and elsewhere, from the return of hung
parliaments and uneasy Commons alliances to the recalibration of Scottish
viii Preface
An essential guide for everybody in our trade. Finding your way around public
bodies and laws is to discover how much of Britain works. And his time in jour-
nalism has taught James Morrison what journalists need to know: where and
how to find stories.
Kevin Maguire, Associate Editor, The Daily Mirror
If this compendious volume had been at my elbow, explaining how all the bits
join together as I started out in journalism, many things would have been easier
to understand and write about.
Michael White, Assistant Editor and former Political Editor, The Guardian
I would like to thank my colleagues on the NCTJ public affairs board. Thanks,
too, are due to the various other lecturers and journalists who reviewed the
chapters as I wrote them, for their invariably salient advice. Special mention
must go to the ever-green David Kett (the nearest that Britain has to a public
affairs ‘guru’), Mandy Ball, and Janet Jones, the NCTJ’s (now) erstwhile chief
examiner, who waded stolidly through raw manuscripts for the first four edi-
tions of EPAFJ and whose suggestions for fine-tuning (as I frantically searched
for edits) invariably improved the result. I would also like to thank the
Department for Communities and Local Government (DCLG), the National
Archive, and the Economic and Social Research Council (ESRC) for their
prompt responses to requests for data, and their willingness for us to repro-
duce tables and charts in this and earlier volumes (which we have credited
where this is the case). Thanks also to the various other government depart-
ments, executive agencies, and quangos that have helped with enquiries in
relation to this and the previous editions: HM Treasury; the Department for
Work and Pensions (DWP); the Foreign and Commonwealth Office (FCO)
Europe Delivery Group; the School Improvement Division of the Department
for Education (DfE); the Care Quality Commission (CQC); the Department of
Health (DoH); the United Nations Department of Public Information (UNSPI);
the Directorate General for Budget of the European Commission (DG Budget);
and the Institute for Fiscal Studies (IFS).
Finally, I’d like to thank the ‘class of 95’ on my first paper, the North Devon
Journal—James Cornish, Mark Devane, Tahira Yaqoob, Kent Upshon, Matt
Radley, and Rob Baker—for keeping my spirits up.
Grateful acknowledgement is made to all the authors and publishers of copy-
right material which appears in this book, and in particular to the following for
permission to reprint material from the sources indicated:
This book contains public sector information licensed under the Open
Government Licence v3.0., on which, see http://www.nationalarchives.
gov.uk/doc/open-government-licence/open-government-licence.htm. Crown
Copyright material is reproduced with the permission of the Controller,
HMSO (under the terms of the Click Use licence).
The Basildon Echo: extract from Cornell, A., ‘Basildon councillors’ £72,000
“pay rise” slammed in independent report’ (July 2018) at https://www.echo-
news.co.uk/news/16370912.panel-calls-for-cuts-to-chairman-allowances/
[Last accessed 13 February 2019]
xii Acknowledgements
The British Medical Association: for Figure 6.1 ’How the Conservatives’
NHS internal market was structured’ from BMA, (2014), Commissioning
structure at: http://bma.org.uk/commissioning [Last accessed 1 October 2014]
The Mirror: for extract from Bloom, A., ‘Employment rate hits highest in 47
years as Britain finally gets a (tiny) pay rise’ at https://www.mirror.co.uk/
news/politics/employment-rate-hits-754-highest-12376965 [Last accessed
13 February 2019]
The National Audit Office: an extract from Comptroller and Auditor General,
‘Financial sustainability of local authorities 2018’ available at https://www.
nao.org.uk/wp-content/uploads/2018/03/Financial-sustainabilty-of-local-
authorites-2018.pdf [Last accessed 13 February 2019]
Press and Journal: for an extract from Ross, C., ‘Child protection chiefs
face questions over publication of Clyde Campbell report’ (February 2018)
available at https://www.pressandjournal.co.uk/fp/news/inverness/1420795/
child-protection-chiefs-face-questions-over-publication-of-clyde-camp-
bell-report/ [Last accessed 13 February 2019]
Brief contents
Detailed contents xv
Guide to the book’s features xx
Guide to the online resources xxii
Introduction 1
1 The British constitution and monarchy 4
2 Parliamentary democracy in the UK 33
3 Prime minister, Cabinet, and government 72
4 Britain’s electoral systems 99
5 Political parties, party funding, and lobbying 121
6 The National Health Service 143
7 The Treasury, industry, and the utilities 162
8 Social security and home affairs 201
9 Britain and Europe 233
10 The origins and structure of local government 269
11 Financing local government 290
12 Local government decision-making 312
13 Local government accountability and elections 330
14 Education 349
15 Planning policy and environmental protection 378
16 Housing 397
17 Children’s services and adult social care 417
18 Transport, environment, leisure, and culture 443
19 Freedom of information 468
Glossary 487
Bibliography 513
Index 517
Detailed contents
Introduction 1
4.4 Before the event: how constituency boundaries are decided 111
4.5 Quirks of the electoral system 114
4.6 Other electoral systems and arguments for proportional representation 116
4.7 The future of voting 118
14 Education 349
14.1 The origins and evolution of LEA schools 349
14.2 The 1988 Act—and the rise of the ‘mixed market’ in state schools 353
14.3 The continuing decline of LEAs 365
14.4 The future of school catchment areas 368
14.5 Bridging the educational divide: other recent developments 369
14.6 The role of LEAs in further education 371
14.7 The role of LEAs in higher education 372
14.8 The growth of free preschool education 374
16 Housing 397
16.1 From prefab to new town: a potted history of social housing 398
16.2 The Housing Revenue Account (HRA) 401
16.3 Thatcherite housing policy and the decline of council housing 404
16.4 Homelessness 410
16.5 Local authorities, Housing Benefit, and Local Housing Allowance (LHA) 411
16.6 Forcing down market rents: the case for ‘rent controls’ 414
Glossary 487
Bibliography 513
Index 517
Guide to the book’s features
Current issues
Current issues
Current issues highlight contempo-
■ Post-Brexit threats to Scottish devolution? To fast-t rary topics that are particularly rele-
control of policy areas previously overseen by the E
ment’s EU Withdrawal Bill Act proposes that twenty vant to journalists and provide a
retained by the Westminster government—to ensure
in place across the United Kingdom. The SNP conde
starting point for further exploration.
undermine devolution—prompting a mass walkout
Key points
Key points A bulleted list outlining core facts and
figures most vital to success in the
1. Britain’s Parliament is a ‘bicame Essential Public Affairs exam is sup-
chamber, the House of Common plied at the end of each chapter.
legislation (the House of Lords).
Further reading
Further reading Take your learning further by using
Bower, T. (2016) Broken Vows: Tony Blair—The Tragedy o the reading lists at the end of each
Unvarnished character study of Labour’s longest-se
tigative journalist Bower, with a particular focus on
chapter to find more detailed informa-
run-up to the Iraq War. tion on a specific topic.
Budge, I., Crewe, I., McKay, D., and Newton, K. (2007) Th
Guide to the book’s features xxi
In the margin, you will also find a number of icons with the following
meanings:
www.oup.com/uk/morrison6e
Guide to the online resources xxiii
Web links
Useful websites relating to the topics in each chapter are listed to allow you to
find further information.
Introduction
venerable Mr Lane—at that time leader of the district council’s ruling Liberal
Democrat group, chairman of its powerful policy and resources committee,
and both a Bideford town councillor and Devon county councillor to boot.
The first of our many run-ins was sparked by a front-page story I wrote about
a decision to award free parking permits to all Torridge councillors and ninety-
two senior officers (dubbed ‘essential users’ by the council) for use in council
car parks in central Bideford whenever they were on local authority business.
As controversies go, this may sound small beer—there was nothing illegal or
improper about the policy—but, boy, did it upset the locals. To understand the
scale of the furore among residents and businesses, a little context is needed.
Parking and the wider subject of transport were perhaps the most toxic issues
facing Bidefordians. For various reasons, driving was pretty much the only
way most people had of gaining access to the town for shopping or tourism,
thanks to a train line that was (literally) a museum piece (take a bow Dr
Beeching) and an antediluvian bus service. The notoriously perilous North
Devon Link Road and a winding, hazardous ‘coastal route’ were all that con-
nected it to civilization (or Barnstaple, at any rate)—providing lifelines for
those living in outlying villages. Yet, in central Bideford—in the words of one
councillor, ‘a medieval town with a twentieth-century traffic problem’—any
street wide enough to admit vehicles seemed to have been daubed with double
yellow lines, putting the limited parking spaces available at a premium. Hence
the incendiary reaction.
My parking story was one of many to irritate Mr Lane during my eighteen-
month tenure as Bideford district reporter. But he wasn’t the only local digni-
tary to be the focus of embarrassing headlines on the Journal carrying my
byline . . .
Let’s not forget George Moss, the Bideford mayor who arrived in full regalia
to turn on the town’s Christmas lights one November evening only to find that a
timer switch had done so automatically several hours earlier—the moment
dusk had descended. He fared little better a year later, when the precautions
that council engineers took to avoid a similar fiasco proved so watertight that
the lights couldn’t be switched on at all.
Of course, council stories don’t need to emanate from committee meetings—
or, for that matter, councillors. Take the example of Les Garland, a community
activist from Northam—a strip of suburban housing, pockmarked with scrap-
py golf courses, which runs along the Torridge Estuary to the east of Bideford.
Armed with little more than a tape measure, he led a one-man campaign to rid
the whole of Devon of the peril of ‘hazardously placed’ A-boards: the signs
one finds outside newsagents bearing misspelt headlines from papers like the
Journal.
Insisting that they posed a hazard to pedestrians, by blocking pavements and
tripping people up, Les set about scouring the small print of Devon County
Council’s highways regulations—not to mention various Acts of Parliament—in
Introduction 3
search of a clause that would back his assertion that they contravened health
and safety laws. I clearly remember a conversation with an apoplectic county
councillor, who stormed into the Journal’s Bideford office to inform me that the
county could be faced with rewriting its entire highways policy, at a cost of tens
of thousands of pounds, if Les forced the issue.
Perhaps inevitably, Les had the last laugh. When I last visited North Devon,
in 2003, I picked up a copy of the Journal’s Bideford edition. Turning to the dis-
trict pages, I was greeted by a familiar visage, grinning at me over a caption
about a good citizenship award he’d received for serving the local community.
As I wandered down Bideford high street later that day, I couldn’t help noticing
that several shops still had A-boards placed perilously distant from their door-
ways—but the memory of Les’s beaming face reminded me that, in one way or
another, his dogged devotion to civic duty had paid off.
My purpose in highlighting these anecdotal examples is to illustrate a simple
point: that knowledge of public affairs (and, for rookie journalists, local gov-
ernment) matters. Whether it be protests by angry parents over changes to
school catchment areas, demands from worried residents for ‘speed bumps’ to
prevent accidents on dangerous roads, or controversies about traveller camps,
waste disposal sites, or parasitical out-of-town superstores, local newspapers
and their websites are chock-full of council-related stories on a daily basis. And
to identify, research, and write up these stories in ways that are comprehensi-
ble and meaningful to their readers, journalists first need to grasp how govern-
ment works and the parameters within which it operates.
This book aims to make that process easier.
1
The British constitution
and monarchy
1.1.1.1 Statute
Magna Carta (the Great Charter), signed by King John in 1215, is often cited as
the foundation-stone of Britain’s constitution, because it invoked the rule of law
principle. This upholds the inalienable right of any citizen accused of a crime
to a free and fair trial before his peers and, crucially, enshrines the principle
that no one—even a reigning sovereign—is ‘above the law’.
Perhaps even more significant was the 1689 Bill of Rights, which ended a
turbulent forty-year period stemming from the execution of King Charles I in
1649, and the eleven-year interregnum that followed under Puritan ‘Lord
Protector’ Oliver Cromwell. Although titular head of the Church of England,
Charles was seen by many as too sympathetic to Roman Catholicism, having
married the Catholic Princess Henrietta Maria of France. There was also deep
unease about his invocation of the loose medieval principle of the ‘Divine Right
of Kings’: a notion that the sovereign’s supremacy was incontestable because it
derived from the authority of God. In the event, the Parliamentarians van-
quished Charles’s Royalist supporters in the ensuing English Civil War (1642–
51), ending centuries of rule under this premise.
The Bill of Rights itself arose out of the alliance between the Protestant-
dominated Parliament and William of Orange, the Dutch king. This led to the
deposition of Charles’s younger son, James II, during the ‘Glorious Revolution’
of 1688. Having worked in an uneasy stalemate with James’s elder brother,
Charles II, following his return from exile after Cromwell’s death in 1660,
Parliament used the ascension of his uncompromising sibling (a devout
Catholic) as a pretext for cementing its constitutional supremacy.
To this end, it mounted a coup—replacing James with his Protestant daugh-
ter, Mary. In exchange for Parliament’s loyalty, William and Mary permitted
the passage of the Bill formalizing the transfer of constitutional supremacy
from Crown to elected Parliament. Its central tenet ratified the principle that
future sovereigns could rule only through Parliament—rather than by effec-
tively telling it what to do, as before. Monarchs would have to seek formal
consent from members of Parliament (MPs) before passing legislation (Acts),
declaring war, or invoking other sovereign powers they had traditionally
wielded. The Bill ended centuries of ‘royal sovereignty’ and ushered in the
concept of parliamentary sovereignty, which prevails today. Parliamentary
sovereignty was of fundamental constitutional significance not only in that it
established the principle that Parliament would henceforth be sovereign over
Crown, but because it asserted the primacy of Legislature over Executive
more broadly: ie that Parliament, not the government, was ultimately boss.
One of the starkest illustrations to date of this hierarchy of power in action
came when, on 4 December 2018, Theresa May’s government became the first
in history to be found in ‘contempt’ of Parliament, after refusing an instruction
to publish the full text of legal advice given to ministers by the Attorney
General on the draft EU Withdrawal Agreement’s implications for the future
1 The British constitution and monarchy 7
spokesman Damian Green had been arrested over allegations that he unlawfully
solicited leaks about government policy from a Home Office civil servant. Both
Opposition and government MPs united in criticizing the police action, which
many saw as an abuse of the long-established constitutional right of members to
conduct free and open conversations with officials in the Palace of Westminster—
and a throwback to Charles I’s challenges to parliamentary freedoms. The pro-
tections offered by parliamentary privilege can be open to abuse, however. Most
notoriously, Labour MPs Elliot Morley, Jim Devine, and David Chaytor, and Tory
peer Lord Hanningfield, tried to hide behind it after being charged with false
accounting over their Commons expenses claims. They invoked Article 9 of the
1689 Bill of Rights to argue that, because any alleged wrongdoing had been com-
mitted by them while performing official duties, it was for Parliament alone to
try and (if necessary) punish them. In the event, the courts dismissed their argu-
ment and all four were convicted (see 2.2.6).
Of Britain’s other key constitutional statutes, the most historically signifi-
cant are the 1701 Act of Settlement and 1706–7 Acts of Union. The former built
on the newly introduced rules relating to monarchical succession in the Bill of
Rights by setting out the conditions for future sovereigns, as outlined in Table
1B to be found with the online resources. Its principal condition—that Roman
Catholic heirs or those who married Catholics should be barred from inheriting
the Crown—remained in place for 324 years, until the Succession to the Crown
Act 2013 (see 1.2.5).
The Acts of Union, meanwhile, were twin laws passed first in England, then
Scotland, in 1706 and 1707 respectively, formalizing the overarching Treaty of
Union: the agreement unifying the countries as one United Kingdom under a
single sovereign and Parliament. Key Acts absorbed into UK law more recently
include those listed in Table 1.1.
The Human Rights Act (HRA) 1998 justifies some discussion here, given the
growing contention by many lawyers, human rights campaigners, and constitu-
tional experts that it conflicts with Britain’s constitution as it previously stood. For
this and other reasons, the Conservatives entered both the 2010 and 2015 elections
with a manifesto commitment to replace it with a new Bill of Rights tailored spe-
cifically to UK citizens. But their plans to repeal the HRA were repeatedly frus-
trated during the five years from 2010 in which they shared power with the Liberal
Democrats (committed supporters of the Act), while a 2016 Queen’s Speech com-
mitment to replace it with a new UK-specific Bill of Rights and Responsibilities
was thwarted by the turmoil unleashed by that June’s EU referendum, leading to
a 2017 election manifesto which reluctantly confirmed the HRA would remain in
place ‘while the process of Brexit is under way’. However, tensions continue with
the European Court of Human Rights (ECtHR): the principal court of the Council
of Europe, the body that established the European Convention on Human Rights
(ECHR). The Court has repeatedly demanded that Parliament abandon its long-
standing opposition to allowing convicted prisoners the vote (see 4.1.1).
10 Essential public affairs for journalists
The HRA received royal assent in November 1998 but only came into force in
October 2000. Among its stipulations was that every future Bill put before
Parliament must now include a preface confirming that the relevant secretary
of state was happy that it conformed with the Convention. The individual rights
safeguarded by the Convention—which include a ‘right to liberty and security
of person’ (Article 5) and ‘freedom of expression’ (Article 10)—are as outlined
in Table 1C, to be found with the online resources.
In addition, the United Kingdom has accepted the First and Sixth (now
Thirteenth) Protocols to the ECHR, of which there are fourteen altogether. The
First Protocol includes additional rights for property (Article 1), education
(Article 2), and free and fair elections (Article 3). The Thirteenth Protocol for-
mally abolishes the death penalty.
Although the HRA has theoretically strengthened the ability of ordinary peo-
ple to challenge the actions of governments, public bodies, and private compa-
nies in British and EU courts, there are limits to its pre-eminence, as test cases
have demonstrated. By common consensus, the principle of parliamentary
privilege remains unaffected by the Act, while British judges—although
required to take account of ECtHR judgments when making UK court rulings—
may not simply override extant parliamentary legislation that appears to con-
travene the Convention.
Further, the following formal qualifications exist in relation to enforcing
the Act:
Table 1.1 Key statutes absorbed into the UK constitution in the twentieth century
Statute Effect
Besides the showpiece constitutional Acts listed in Table 1.1, several others
have contained key clauses with serious implications for the workings of the
constitution. Among these are the myriad Parliament Acts passed before the
Second World War (see 2.3.1). Perhaps the single most significant constitutional
reform introduced by any of these was the stipulation, in the Parliament Act
1911, that general elections must be held a maximum of five years after the
previous Parliament was convened (or a little over five years after the previous
polling day). Until then, parliaments could theoretically last up to seven years,
under the terms of the Septennial Act 1715. It would be another century, how-
ever, before ‘fixed-term parliaments’ were introduced by the 2010–15 Liberal
Democrat–Conservative Coalition (see 4.1.1).
1.1.1.3 Conventions
Another feature of Britain’s unwritten constitution is its incorporation of all
manner of idiosyncratic, quaint, occasionally absurd traditions and customs.
These well-worn practices have become accepted as part of the constitutional
framework through little more than endless repetition.
Many of today’s key governmental and parliamentary conventions are dis-
cussed in detail elsewhere in this book. These include the doctrines of collec-
tive responsibility and individual ministerial responsibility (see 3.2.2) and
the tradition that sovereigns accept Parliament’s will by rubber-stamping
legislation with the royal assent (see 2.5). More amusing conventions include
the fact that the Lord Speaker sits on a woolsack and wears a wig. The
annual State Opening of Parliament by the monarch is heralded by a proces-
sion led by a ceremonial officer known as ‘The Gentleman Usher of the Black
Rod’. It is the task of Black Rod—as he is commonly known—to lead MPs
(‘strangers’) from Commons to Lords to hear the Queen’s Speech. On arriv-
ing at the Commons to summon MPs, he has the door slammed in his face and
is forced to gain entry by rapping on it three times with (what else?) a black
rod. This ritual derives from a famous confrontation between Parliament
and the s overeign in 1642, when King Charles I defied parliamentary privi-
lege by trying to arrest five MPs. Within Parliament today, a form of light
‘class warfare’ between the chambers remains: MPs refer to the Lords only
as ‘another place’.
1.1.1.5 Treaties
Britain has signed many international treaties, only a handful of which are
‘constitutional’, in that they are legally binding. Most—like the 1945 Charter of
1 The British constitution and monarchy 13
the United Nations and the North Atlantic Treaty, which established the North
Atlantic Treaty Organization (NATO) in 1949—are little more than membership
agreements and, as such, could theoretically be ‘opted out of’.
However, some—like the ECHR—have effectively been incorporated into
Britain’s constitution and would require legislation to remove the obligations
they impose. In the years leading up to the 2016 referendum, there was also
considerable debate about the growing powers of the EU (see Chapter 9), which
Britain originally joined (amid some controversy) in 1973, when it was still
known as the ‘European Economic Community’ (EEC). Recent treaties—nota-
bly the 2007 Lisbon Treaty—have solidified the relationship between member
states and the EU’s governing institutions, leading ‘Eurosceptics’ to claim that
the latter years of UK membership saw it absorbed into a ‘European super-
state’ and, ultimately, governed from Brussels.
Such constitutional overlaps are not confined to Britain. Many other parliamen-
tary democracies—particularly those of Commonwealth countries modelled on
the United Kingdom’s—display a similar fusion of powers, rather than the ‘sep-
aration’ to which they aspire. Constitutional historians increasingly distinguish
between jurisdictions practising ‘presidential government’ and those charac-
terized by ‘parliamentary government’. In the former (including the United
States, France, South Africa, and Australia), separation is felt to be both more
practised and practicable than in countries like Britain, where the most senior
politician (prime minister) is drawn from the ranks of ordinary MPs and repre-
sents a constituency in the same way as his or her peers.
In Britain, executive decisions are taken primarily by prime ministers and
ministers, before being presented for approval to Parliament (where they also
tend to be present, as voting MPs and peers). In the United States and other
states, in contrast, the most senior elected politician is the president—who, in
the absence of a monarch, is also head of state. Crucially, separation of powers
in the United States is more pronounced than in Britain because Congress (the
Senate and House of Representatives—the US equivalent of Parliament) is
largely elected on a different date, in a different manner, from the president.
More crucially, the president (unlike the British prime minister) is not a mem-
ber of either House; so, while he or she may present policies to Congress for
approval, he or she does not lead or participate in ensuing parliamentary
debates in the way that prime ministers do in the Commons.
Another feature of the separation of powers enjoyed by presidential states is
the fact that, historically, they tend to develop more authentically independent
judicial systems than prime ministerial ones. The United States has long had a
Supreme Court that is entirely separate from the political process.
Notwithstanding periodic controversies over the president’s ability to nomi-
nate judges to replace those who retire, this system is felt to be more appropri-
ate than one in which judges straddle the divide between legislature and
judiciary by serving in both a legal and legislative capacity. To this end, Jack
Straw, as inaugural Secretary of State for Justice (and de facto Lord Chancellor),
removed the Law Lords from Parliament in 2009, to sit in the then new Supreme
Court.
The weeks immediately prior to the United Kingdom’s scheduled exit from
the EU in 2019 witnessed one of the biggest ever tests for the efficacy of the
separation of powers—and, indeed, the balance of power between Executive
and Legislature. With Mrs May repeatedly failing to win parliamentary support
for her EU Withdrawal Agreement (see 9.7), a string of amendments was tabled
by Remain-supporting backbenchers on both sides of the Commons to try to
1 The British constitution and monarchy 15
force her to allow votes on alternative Brexit options. These ranged from test-
ing support for a so-called ‘Norway-plus’ arrangement, which would keep
Britain in the EU internal market and customs union, to asking MPs to rule out
a ‘no-deal’ Brexit; consider extending the United Kingdom’s date of departure;
and/or give the general public a final say on whether the country should leave at
all, by legislating for a second referendum. Amid media coverage framing the
situation as an unprecedented constitutional crisis—with Parliament effective-
ly seizing control of negotiations from an immobilized government—angry
‘Brexiteers’ accused the rebellious Legislature of trying to supplant the author-
ity of the Executive. There was, however, a hint of irony about their indignation
at the thought of MPs flexing their muscles in this way: throughout the lead-up
to the original 2016 referendum, the official ‘Leave’ campaign had been predi-
cated on the demand that sovereignty be restored to Parliament from Brussels,
using the endlessly repeated mantra ‘Take back Control!’
regarded as little more than tools enabling kings and queens to raise taxes, pass
edicts, and declare wars with impunity.
In England, all this changed after Charles I’s execution, which ended any
notion of future monarchs having a God-given right to rule unchallenged.
Through a succession of landmark constitutional statutes—principally the Bill
of Rights and Act of Settlement—a newly liberated Parliament stamped its
authority on the state and (in all but name) the monarch.
• head of state;
• head of the executive, legislature, and judiciary;
• commander-in-chief of the Armed Forces;
• supreme governor of the established Church of England;
• head of the Commonwealth (and head of state of fifteen of its fifty-three
members); and
• the authority from which the Royal Mint derives its licence to coin and
print money in the monarch’s image.
So much for the official titles, though: what do monarchs actually do?
Specifically, which prerogative powers do they still personally exercise in an
age when governments take most political decisions for them?
The core roles and duties of the monarch—many largely ceremonial—
include:
Although this list of ‘powers’ may appear largely superficial, anecdotal evidence
suggests the present monarch has discharged her duties rigorously. In his 1976
resignation speech, outgoing Labour Prime Minister Harold Wilson advised his
successors to ‘do their homework’ before meeting the Queen—recalling how she
had wrongfooted him during their first audience, in 1964, by expressing interest
in policy proposals contained in Cabinet papers he had not yet read.
As well as retaining some prerogative powers, the sovereign has tradition-
ally been called on to fulfil a unifying role as a national figurehead at times of
crisis. The late HM Queen Elizabeth the Queen Mother toured bomb sites in
London’s East End to show solidarity with dispossessed families during the
Blitz, while the Queen’s annual televised Christmas Day address is designed as
much to ‘sum up’ the past year and look ahead on behalf of the whole nation as
to update her subjects on regal affairs. Such is the onus placed on the sover-
eign to ‘speak for Britain’ at times of tragedy or disaster that the Queen’s ini-
tial silence following the death of her daughter-in-law, Diana, Princess of
Wales, in a Paris car crash in 1997 became a cause célèbre among her critics—
allegedly prompting newly elected premier Mr Blair to appeal to her to issue a
tribute.
In terms of public profile, the reigning monarch is expected to retain the
appearance of political neutrality—standing ‘above’ party politics. However,
concerns have been raised that the Queen’s heir, the Prince of Wales, has
repeatedly expressed his personal views to government ministers. In 2015, let-
ters were published showing how he had lobbied various ministers for changes
in government policy (see 19.1.1.1), while in May 2014 he sparked a diplomatic
row with Russia after reportedly comparing the country’s president, Vladimir
Putin, to Adolf Hitler in a private discussion with a woman who fled the Nazis.
Although she has generally been careful to avoid such scrapes, the Queen
herself was embroiled in controversy after delivering the June 2014 Queen’s
Speech. Labour formally complained to the head of the Civil Service that the
speech contained Conservative Party slogans, including the phrase ‘long-term
plan’ repeatedly used by ministers to promote their economic strategy. This
echoed a similar complaint by Mr Cameron about Gordon Brown’s final Queen’s
Speech, in 2009, which he had dismissed as a ‘Labour press release on Palace
parchment’.
18 Essential public affairs for journalists
• salaries of the retinue of 645 servants, butlers, and other Royal Household
employees (70 per cent); and
• costs of royal garden parties (attended by around 50,000 people each
year) and hospitality for visiting heads of state (30 per cent).
Each of these divides, and the two sister cells then conjugate after
the same fashion as in Actinophrys, but the nuclear divisions to form
the coupling nucleus are two in number, i.e. the nucleus divides into
two, one of which goes to the surface as the first polar body, and the
sister of this again divides to form a second polar body (which also
passes to the surface) and a pairing nucleus.[84] The two cells then
fuse completely, and surround themselves with a second gelatinous
cyst wall, separated from the outer one by a layer of siliceous
spicules. The nucleus appears to divide at least twice before the
young creep out, to divide immediately into as many Actinophrys-like
cells as there were nuclei; then each of these multiplies its nuclei, to
become apocytial like the adult form.
Fig. 21.—Diagram illustrating the conjugation of Actinosphaerium. 1, Original
cell; 2, nucleus divides to form two, N2N2; 3, each nucleus again divides to
form two, N3 and n3, the latter passing out with a little cytoplasm as an
abortive cell; 4, repetition of the same process as in 3; 5, the two nuclei N4
have fused in syngamy to form the zygote nucleus Nz.
4. Radiolaria
Sarcodina with the protoplasm divided by a perforated chitinous
central capsule into a central mass surrounding the nucleus, and an
outer layer; the pseudopodia radiate, never anastomosing enough to
form a marked network; skeleton either siliceous, of spicules, or
perforated; or of definitely arranged spicules of proteid matter
(acanthin), sometimes also coalescing into a latticed shell;
reproduction by fission and by zoospores formed in the central
capsule. Habitat marine, suspended at the surface (plankton), at
varying depths (zonarial), or near the bottom (abyssal).
A. Spumellaria.
B. Acantharia.
C. Nassellaria.
Order xv. Botryoidea.—As in Spyroidea, but with the cephalis 3-4 lobed;
lower chambers, one or several successively formed. (Families 56-58.)
D. Phaeodaria.
Fig. 26.—A, Lithocercus annularis, with sagittal ring (from Parker and Haswell).
B, Aulactinium actinastrum. C, calymma; cent.caps., km, central capsule;
Ext.caps.pr., Extracapsular, and Int.caps.pr., intracapsular protoplasm; n,
nu, nucleus; op, operculum; ph, phaeodium; psd, pseudopodium; Skel.,
skeleton; z, Zooxanthella. (From Lang's Comparative Anatomy, after
Haeckel.)
5. Proteomyxa
Sarcodina without a clear ectoplasm, whose active forms are
amoeboid or flagellate, or pass from the latter form to the former;
multiplying chiefly, if not exclusively, by brood-formation in a cyst. No
complete cell-pairing (syngamy) known, though the cytoplasms may
unite into plasmodia; pseudopodia of the amoeboid forms usually
radiate or filose, but without axial filaments. Saprophytic or parasitic
in living animals or plants.