Scotland can be a force for change

On the day in which the SNP government publishes its proposals for a referendum on Scottish independence, Canon Kenyon Wright, who chaired the Scottish Constitutional Convention which laid the groundwork for the creation of the Scottish Parliament, argues that Scotland, as the first secure source of alternative political power, can present the clearest challenge to the fundamental problems of the UK constitution.

"There is only one way out of our dilemma - a massive redistribution of power"

David Cameron MP, May 2009

There are many ideas to improve our democracy - citizens' consultation mechanisms; powers of recall; transparency in government; independent scrutiny; and certainly an electoral system that does not effectively disenfranchise most of the people.

However, the central issue that must be tackled if Cameron's vision is not a mirage - and it seems likely he has forgotten it already - is the unwritten constitutional principle of the absolute sovereign authority of the Crown in Parliament. Eroded and discredited as this now is, there has never between a better time to question it.

Quite simply, alongside all the other reforms, we need a written constitution which creates a truly constitutional monarchy, and sets standards and principles which are above the common law, and redefine the sharing of power. It would be the basis for a very different and radically reformed Union

The Constitutional Commission in Scotland, of which I am honorary President, has already prepared drafts of Constitutions for Scotland and for the UK.

The Scottish Parliament has achieved much, and is already a significant improvement on "the rituals of Westminster". The major change is the fact that Scotland's Parliament is firmly built on a Foundation Principle deep in our history - the sovereignty of the people, not of "the crown in parliament".

However, there must be real changes if the Scottish Parliament is to fulfil the hopes of the people and become as was intended "the central institution of a new political and community culture". Only such change will reverse the current corrosive contempt of more and more people from the whole political process. There is a real window of opportunity to foster such change towards a more participative society and for Scotland to set Westminster a good example of change that works.

The 4 Key Working Principles set out by the Consultative Steering Group (CSG), and unanimously adopted by the Parliament at one of its first sessions, were briefly

• Power-sharing: among Executive (Government), Parliament and People
• Accountability: Executive to Parliament, and both to the People.
• Openness, accessibility and participation in policy development:
• Equal opportunities

These recognise 3 "partners in power" - Executive (or Government), Parliament and People.

This Charter makes practical proposals for developments needed for real change

1. Both Government and Parliament should reaffirm their commitment to the foundation principle of "the sovereign right of the people of Scotland to determine how they will be governed" (The Claim of Right) and the obvious implication that all constitutional matters affecting Scotland should be decided in Scotland,' This is a direct challenge to the unwritten doctrine at the heart of our system - the sovereignty of the Crown in Parliament. We see that as the single greatest obstacle to real change in how power is exercised. It makes real subsidiarity and power sharing possible.

2 Both Government and Parliament should adopt a Declaration of Principle, reaffirming the 4 working principles cited above, spelling out how they understand them, and how they will affect their policies, procedures and behaviour.

3. The Government should ensure the full implementation of the CSG proposal that all new legislation sent to Committees should be accompanied by a 5 point explanatory memorandum which asks of all policy proposals

1.What problem is this designed to address, and what is the strategic thinking behind it?
2.What alternatives were considered, and why was this way chosen (This would involve revealing civil service and other advice!)
3.What consultation process took place before this was developed?
4.What are the financial implications?
5.What are the implications for Sustainable Development; Human Rights; and Equal Opportunities?

All Committees should debate this rigorously and develop clearly understood criteria for judging it; and make this readily publicly available to stimulate wider debate in the community

4. There should be a "Code of Practice" and "Job Description or Guideline" for MSPs, drawn up by a group in which electors and Scottish society are represented. The present "Code of Conduct" defines legal and ethical obligations, but fails to give positive guidelines on the role of a Member, and relations with constituents, in a new political culture of power-sharing and participation, which is qualitatively different from the role of such an elected representative in Westminster.
This should include a commitment to report openly to constituent meetings on their record, views, expenses.

There are also no clear guidelines on the differing and distinctive roles of the Constituency MSPs and the List MSPs. This misses a major opportunity to bring out the potential benefits of Scotland's unique electoral system, and possibly to modify the stranglehold of the party system, which alienates so many, especially younger people, from politics.

5. There should be a power of recall open to a specified number of constituents and a careful process. There should be consideration of the case for some kind of "primaries" for the choice of candidates - not leaving this to the Parties.

6. The Committees must take seriously all 3 of their tasks - to scrutinise legislation: to hold the Government to account: and to think and plan strategically for the longer-term in their field. In all 3, but especially the last, they must work with civil society more closely. This may lead to the use of the power given to the Committees, so far little used and therefore likely to be lost, to initiate legislation. They must also change their habit of meeting so often in private. .

7. There should be 3 recognised paths for policy development and legislation initiated by the Government (as is usually the case at present) initiated by Parliament (either by Committees or individual Members) initiated by "The People". Unlike the first two, there are no structured and resourced ways in which this can happen. Some ideas follow.

8. Citizen's Forums, with experienced membership, should be formed in key areas like health, education. Economy, to parallel the Committees of the Parliament, to develop policy proposals, and offer them help in their 3 tasks especially in longer-term strategic thinking in major policy areas.

9. Regional Citizen's Forums should be established in the 8 electoral regions, with all MSPs (both constituency and list) in the region as members along with representatives of civil society, business and industry, and others. These would also be able to propose policy, would monitor the impact of government policies on the region, and might help to achieve consensus on key issues beyond party politics

10. A representative Citizens Jury or Commission should be formed with the task of assessing carefully whether and how, the Parliament has fulfilled the 4 founding principles, and making recommendations for progress.