A Frozen Spring (relaunched version)

[IanBertram]

After the Convention

The closing session of the Convention took place on 2nd May 1914. True to his word, Speaker Lowther had transcripts of all the sessions supplied to the attendees by 13th May. This also included a summary of the various identified options for local Parliaments and Assemblies in the form of a ‘barebones’ version of a Bill. By then speculation and rumour about the outcome was out of control. Carson and Bonar Law, Keir Hardie, and the various nationalist members had all released their own versions of what had taken place, designed to cast their opponents in the worst light possible and to play up their own role.

Unfortunately for them, in doing so they also created the impression that Speaker Lowther had been not much more than a passive observer. Incensed, he complained to Asquith that had he not taken a firm line, the Convention would have failed on its first day. Asquith agreed but was unwilling to publicly intervene, since he was aware of the fragility of the Coalition. He suggested to Lowther however that since it was officially titled the Speaker’s Convention on the Constitution and therefore could be seen as Parliamentary business, Lowther had the right to publish an official transcript of the proceedings.

Wasting no time, Lowther ordered the printing of the transcript in the form of a ‘Blue Book’ and announced to the House on the opening of business on 20th March that copies were to be placed in the Commons Library. The disparities between the official version and the versions disseminated by the participants were soon in the public domain. Carson of course was unembarrassed, but both Bonar Law and Hardie found themselves under attack from within their own parties. Liberals less supportive of the coalition also joined in.

As well as the transcripts, the published report included a summary of the options for devolution that had been raised and discussed during the convention, presented as a ‘barebones’ version of a bill.

Government of the Union

Matters considered by the Convention on the Constitution 1914​

Note 1: The Convention considered four questions as restated below. This summary document draws on the responses to those questions by the various parties involved.

The four questions

Q1: Is there a case for significantly increased levels of devolution?

Q2: What should be the basic unit for any devolution? Should it be the four Nations of the Kingdom or some smaller unit?

Q3: If established what powers should be redistributed to these legislatures from the National Parliament.

Q4: If established how should these legislatures be elected and what should be their relationship with the existing Parliament?

Note 2: In this summary document, no attempt is made to identify the authors of competing alternatives shown enclosed thus [x]. Such attributions may be found in the detailed daily transcripts of each session of the Convention. This form of presentation has been adopted to provide a convenient mechanism by means of which the numerous alternatives may be compared.

Issue 1 - Establishment of Local Parliaments and Assemblies

Note 3: In this section Parliament is used to describe the chambers which might be established for each of the various Nations of the Kingdom and Assembly to describe a similar body for a geographical area less than the Nation.

1. Local Parliaments shall be established for Scotland and Wales.
2. In the case of Ireland [one Parliament] [two Assemblies] [four Assemblies] shall be established[for the entire island of Ireland][for Ulster and for the remainder of the island of Ireland as set out in Schedule 1][for the historic provinces of Ulster, Connaught, Munster and Leinster]
3. In the case of England, [one Parliament] [two Assemblies] [three Assemblies] [five Assemblies] shall be established covering the [Nation][North and South, as set out in Schedule 2][North, Midlands and South as set out in Schedule 3] [the five regions of Northumbria, Mercia, East Anglia, Wessex and Southeast as set out in Schedule 4]. [Except in the case of a single Parliament, a separate Capital Assembly shall be established for the County of London as set out in Schedule 5.]
4. Parliaments and Assemblies shall have equal status and powers [with the exception of the Capital Assembly]

Issue 2 - Elections to Parliaments and Assemblies
Note 4: henceforth the term Assembly is used to include both Parliaments and Assemblies

1. Assemblies shall have between 70 and 150 members [except the Capital Assembly which shall have 50 members.]
2. Elections to Assemblies shall be to constituencies of roughly equal population.
3. Elections shall be conducted [using the same procedures as elections to the House of Commons][using a system of proportional representation.]
4. Boundaries for Assembly constituencies shall be identified by an independent National Boundary Commission as set out in Section #.
5. The Term of Office of Assembly Members shall be 5 years.
6. The term of office of Members may be amended by the relevant Assembly, subject to a minimum term of 3 years and a maximum term of 7 years [and subject to confirmation by the] [House of Commons][Senate]

Issue 3 – future of the Second Chamber of Parliament

Note 5: For the avoidance of doubt, paragraphs 1-4 below are a necessary prerequisite for paragraphs 5-9 to come into affect.

1. [The House of Lords will be abolished.
2. Peers may retain their titles and honorifics [until the death of the current incumbent].
3. Peers will be allowed to vote in national elections and to stand for the House of Commons or Assemblies.
4. All Parliamentary privileges currently available to peers will cease.]
5. [A new body shall be established to be called the [Imperial] Senate.
6. Each Assembly area will have the same number of representatives in the Senate [except in the case of the Capital Assembly.]
7. The Senate shall have 300 members, [with an equal number from each] [Nation] [Assembly.]
8. Senators shall be elected in proportion to the number of votes cast.
9. Senators will initially be elected at large, but Assemblies may make provision for geographical constituencies.
   1. Where constituencies are created they shall be of roughly equal population.
   2. Boundaries for constituencies shall be identified by an independent National Boundary Commission as set out in Section #.
10. Senators shall have a fixed term of office of 10 years.
11. Senators shall be elected in their own right and are not accountable to the Assembly of the area they represent.
    1. [Senators shall present an annual report of their activities to the relevant Assembly, on which they may be questioned.]
    2. [Senators may on request attend and speak at meetings of their Local Assembly but may not vote.]
    3. [Senators may be recalled by the Assembly subject to a majority vote of at least 70% of Parliament or Assembly members.]
    4. [Recalled Senators may stand for re-election.]
    5. [Recalled Senators who are re-elected shall serve for the balance of their term as it would have been had they not been recalled.]
    6. [Recalled Senators who are re-elected shall not be subject to further recall during the balance of their term.]
    7. [Half the Senate shall stand for re-election every five years.
    8. Those required to stand again after only five years in first instance to be decided by lot.]
    9. [Powers and Duties of [Imperial] Senate.
       1. The Senate shall not have the power to initiate legislation of any nature.
       2. The Senate shall otherwise take on the roles and responsibilities of the former House of Lords.]

Issue 4 - Powers and Duties of the House of Commons and Subsidiary legislatures

1. The House of Commons shall remain the primary legislative body for the United Kingdom of Great Britain and Ireland.
   1. [The number of MPs shall be reduced to] [350.][400.][450.]
   2. Parliamentary constituencies shall be of roughly equal population.
   3. The number of parliamentary constituencies in each Assembly area shall be allocated generally in accordance with the population of the relevant Assembly area.
   4. All existing powers and duties of the House of Commons shall be transferred to the Assemblies with the exception of:
      1. Any matter affecting the Crown including the granting of Royal Charters,
      2. All matters relating to Foreign Relations, including but not limited to, Declaration of War, International Treaties and the operation of the Diplomatic Service,
      3. All matters relating to the administration of the Dominions, the Colonies and the Empire at large,
      4. All matters relating to the navy, the army, the territorial force, or any other naval or military force, or the defence of the realm, or any other naval or military matter
      5. All matters relating to naturalisation and domicile,
      6. All matters relating to coinage or legal tender,
      7. All matters relating to trade marks, designs, merchandise marks, copyright, or patent rights
      8. All matters relating to weights and measures,
      9. Any matters relating to disputes arising between Assemblies,
      10. All matters relating to the Postal Service,
      11. All matters relating to the protection of coastal waters and fisheries, including lighthouses, buoys and beacons,
      12. All matters relating to the regulation and safety of shipping,
      13. [All matters relating to the Regulation and Inspection of Banks, Insurance Companies and other Financial Institutions,]
      14. [All matters relating to the Regulation and Inspection of the Railways,]
      15. [All matters relating to the Regulation and Inspection of Workplaces,]
      16. [All matters relating to the Administration of [Justice,][Courts of Appeal,]
      17. [All matters relating to Prisons,]
      18. [All matters relating to taxation] [for the purposes of funding reserved powers]]
   5. Powers and Duties of Assemblies.
      1. Assemblies shall, within their geographical area, exercise all powers currently held by the House of Commons, excluding those powers specifically reserved to the National Government
      2. [Assemblies shall within their geographical area have the power to raise taxes and to set the rate of such taxes from time to time including, but not limited to:
         1. personal income tax
         2. taxes on property whether commercial or domestic
         3. taxes on business
         4. taxes on savings and investment]
      3. [Assemblies shall within their geographical area have the power to make such arrangements as may be necessary for the collection of taxes raised.]
      4. Assemblies shall make no laws or regulations relating to the practice of religion.

Now that a ‘neutral’ report of the Convention was available, Asquith also felt able to act. Despite the tensions of Coalition, he was still on reasonable terms with Henderson and others on the Labour side, although he disliked Hardie and did not trust him. So, after some negotiation with his own senior party members he proposed to Henderson the publication of a Bill to address the issue of Home Rule All Round. Asquith would have preferred the simple solution of four Parliaments, perhaps conceding some local representation for Ulster. Henderson however was adamant that Ireland should not be divided unless the Irish themselves wished it. Pragmatically he also recognised that if England had a single Parliament, Labour would never get into government. He needed a back door to maintain the possibility of Labour influence.

The final draft Bill was a messy compromise. Parliaments would be created for Ireland, Scotland and Wales. There would however be a plebiscite in Ulster offering the possibility of a separate Ulster Assembly. For England there would be three Assemblies covering the North, Midlands and South. The House of Lords would be replaced by a Senate with equal representation for the four Nations, split between the assemblies in the case of England (and also Ireland if the plebiscite resulted in a split).

The House of Commons would be reduced in size to 400, the Senate would have 100-125 members while the Assemblies would have 60-100 members each. Elections to the House of Commons would remain unchanged, while elections to the Senate, local Parliaments and Assemblies would be by some form of proportional system to be agreed at a later date.

Senators would be elected for a period of 10 years, with half elected every five years. Members of local Parliament and Assemblies would initially be elected for 5 years, but Assemblies and Parliaments would be able to change that.