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The State of the Constitution: Constitution Unit Conference 2022

26 May 2022

What is the state of the constitution in 2022? What further changes are coming, and what should happen next? In partnership with the Bingham Centre for the Rule of Law, the Oxford Constitutional Studies Forum, and UK in a Changing Europe (UKICE).

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Constitutional tensions are high. There are various contributing factors: the UK government’s approach to governing and its relationship with parliament and the courts;Ìýthe continuing aftermath of BrexitÌýincluding tensions over Northern Ireland;Ìývery different constitutional visions emerging from London, Edinburgh, and Cardiff;Ìýand scandals about standards in public life. What is the state of the constitution in 2022? What further changes are coming, and what should happen next?Ìý

This conference brings together an impressive range of speakers, including parliamentarians, academics and commentators to discuss many of the key issues in a series of subject-specific panels and a keynote address.Ìý

The conference is free to attend and will take place via Zoom webinar. It is organised by the Constitution Unit in partnership with the Bingham Centre for the Rule of Law, the Oxford Constitutional Studies Forum, and UK in a Changing Europe (UKICE).Ìý

Programme

Day 1 - Wednesday 22ÌýJune

TimeTopicSpeakers
13:30-14:45

Constitutional Standards

The Johnson premiership has sparked numerous concerns about constitutional standards – from respect for checks and balances and the rule of law, to standards of behaviour among ministers, officials, and parliamentarians. A major review by the Committee on Standards in Public Life in 2021 proposed significant change. These debates take place within a wider framework of concern about ‘democratic backsliding’. How can constitutional and democratic standards best be upheld, and norms of good behaviour be maintained?Ìý

Sir Jeremy WrightÌýQC MP – Conservative MP for Kenilworth and Southam, and member of the Committee on Standards in Public Life

ProfessorÌýElizabeth David-BarrettÌý– Director of the Centre for the Study of Corruption, University of SussexÌý

Sir Peter RiddellÌý– former Commissioner for Public Appointments and Honorary Professor at ×î×¼µÄÁùºÏ²ÊÂÛ̳

Professor Petra SchleiterÌý– Joint Head of the Department of Politics and International Relations, University of Oxford

Chair:ÌýProfessorÌýMeg RussellÌýFBA – Director of the Constitution Unit, ×î×¼µÄÁùºÏ²ÊÂÛ̳

14:45-15:00Break
15:00-16:15

Northern Ireland: how can power-sharing be revived?

Northern Ireland finds itself again without a functioning Executive or Assembly. All mainstream voices agree that the 1998 Belfast/Good Friday Agreement offers the only viable framework for politics in Northern Ireland in the coming years, but the risk of breakdown is severe. How can Northern Ireland’s power-sharing arrangements be restored in the coming months? How far are solutions to be found in changes to the Protocol or to the 1998 Agreement? And what role should the government in London play in seeking a healthy outcome?

Julian SmithÌýMP – Conservative MP for Skipton and Ripon, and former Secretary of State for Northern Ireland

Dr Mary MurphyÌý– Department of Government and Politics, University College CorkÌý

Dr Clare RiceÌý– Research Associate, Department of Politics, University of Liverpool

Alan WhysallÌý– Honorary Senior Research Associate at the Constitution Unit and former civil servant in the Northern Ireland Office

Chair:ÌýProfessorÌýAlan RenwickÌý– Deputy Director of the Constitution Unit, ×î×¼µÄÁùºÏ²ÊÂÛ̳

16:15End of Day One


Day 2 - Thursday 23ÌýJune

TimeTopicSpeakers
09:15-10:30

The Future of the Union and Devolution

The UK’s ‘devolution settlement’ is unsettled. Alternative visions abound for how to achieve stability: through ‘muscular unionism’; by reforming intergovernmental relations; through wholesale federalisation; or by breaking up the Union. What is the current state of each of these options? How are they likely to develop in the foreseeable future? In so far as they are implemented, what impacts are they likely to have?Ìý

Lord (Andrew) DunlopÌý– Conservative peer, and former Parliamentary Under-Secretary of State at the Scotland Office and Northern Ireland Office

Professor Laura McAllisterÌý– Wales Governance Centre, University of Cardiff, and co-chair of the Independent Commission on the Constitutional Future of WalesÌý

Sarah SackmanÌý– Public and environmental lawyer, Matrix Chambers

Professor Michael KeatingÌý– Emeritus Professor of Politics, University of Aberdeen, and Fellow of the Centre on Constitutional ChangeÌý

Chair:ÌýProfessorÌýAlan RenwickÌý– Deputy Director of the Constitution Unit, ×î×¼µÄÁùºÏ²ÊÂÛ̳

10:30-10:45Break
10:45-12:00

The Role of the Courts

The 2019 Conservative manifesto promised to review the relationship between government, parliament and the courts. In particular, ministers had concerns about the growth of judicial review. Since then, there have been consultations on judicial review and the Human Rights Act, the Judicial Review and Courts Act has reached the statute book, and the government has proposedÌýa new Bill of Rights. Simultaneously, some detect a ‘chilling’ effect on the courts. So, in the third year of the Johnson premiership, how much rebalancing has taken place, and what might still lie ahead?Ìý

Joanna CherryÌýQC MP – Scottish National Party MP for Edinburgh South West and former party spokesperson on Justice and Home AffairsÌý

Sir Bob NeillÌýMP – Conservative MP for Bromley and Chislehurst, and Chair of the Commons Justice Committee

Helen MountfieldÌýQC – barrister and Principal of Mansfield College, University of OxfordÌý

Martha Spurrier, Director, Liberty

Chair:ÌýJoshua RozenbergÌýQC (Hon) – legal commentator and journalist

12:00-12:15Break
12:15-13:30

Parliament: the decline of scrutiny?

Johnson’s premiership has been marked by various controversies about parliament. On COVID-19, the government was accused of overusing delegated powers – adding to already long-standing concerns in this area. Subsequently, some primary legislation has been rushed, and the relationship between whips and backbenchers often difficult. Most recently, the proposed fast-track procedures for amending Retained EU Law and on human rights risk further sidelining parliamentarians. How concerned should we be about these developments, and how best can parliament respond?Ìý

Baroness (Angela) Smith of BasildonÌý– Labour peer, and Shadow Leader of the House of LordsÌý

William WraggÌýMP – Conservative MP for Hazel Grove, and Chair of the Commons Public Administration and Constitutional Affairs Committee

Dr Ruth FoxÌý– Director of the Hansard Society

Dr Hannah WhiteÌý– Deputy Director of the Institute for Government

Chair:ÌýDr Tom FlemingÌý– Constitution Unit, ×î×¼µÄÁùºÏ²ÊÂÛ̳

13.30-16:00Break
16:00-17:00

Keynote Speech

Rory Stewart was Conservative MP for Penrith and the Border between 2010 and 2019. HeÌýserved in government under David Cameron and Theresa May, including as a Home Office minister and Secretary of State for International Development. As a former diplomat, he served on the House of Commons Foreign Affairs and Defence Committees, the latter of which he chaired from 2014 to 2015. In 2019, he contested the Conservative Party leadership against Boris Johnson, before being stripped of the party whip over Johnson’s approach to Brexit, and then stepping down from parliament. Among other things he is currently the co-host, with Alastair Campbell, of the popular podcast ''.

Rory Stewart
17:00Conference close

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