On July 13th
2016, Rt Hon Theresa May MP addressed the media outside 10 Downing Street after
becoming Britain’s latest Prime Minister.
In this speech, Mrs May signalled her intentions and the target audience
in which she her intentions are directed to:
“We are fighting against the burning injustice that, if you’re born poor, you will die on average 9 years earlier than others. If you’re black, you’re treated more harshly by the criminal justice system than if you’re white. If you’re a white, working-class boy, you’re less likely than anybody else in Britain to go to university. If you’re at a state school, you’re less likely to reach the top professions than if you’re educated privately. If you’re a woman, you will earn less than a man. If you suffer from mental health problems, there’s not enough help to hand.”
Of Course,
the elephant in the room is Brexit too.
So, along with the above address and Mrs May’s issue with Brexit, this
blog will investigate it what formal and informal powers Theresa May has at her
disposal to ensure that her policies get through.
Formal Powers of the
Prime Minister
Foreign Policy
It is worth
noting that Mrs May’s main source of power may still be secured in her foreign
policy. This is where we will start as
the fabric of her premiership will be how she conducts herself abroad.
- Negotiate Foreign Treaties
The Prime
Minister has the power to formally conclude and ratify an agreement with other
countries.
This is
going to be an aspect of Mrs May’s role that could define her premiership
because of the triggering of Article 50 of the Lisbon treaty (which Gordon
Brown signed). The task of the Prime
Minister, amongst other things, is to negotiate a deal that virtually unfastens
the sovereignty of the EU over the UK.
- Command Armed Forces
Although
there is no codified Parliamentary procedure that formally required government
to seek approval of Parliament to declare war, the Prime Minister typically
holds a debate in Parliament that leads to a vote. This was seen in the build up to the Iraq
war.
Once this
has been concluded, the Prime Minister does have the sole formal power to
determine how the armed forces are deployed in wartime. A key illustration is how Tony Blair operated
a ‘boots on the ground’ policy after Parliament voted to go to war in Iraq.
There is,
however, nothing on the horizon to indicate that Mrs May will need to focus on
this particular formal power in the foreseeable future.
Domestic
Policy
Of course it
would be remiss of this blog to not recognise the domestic formal powers of Mrs
May also. In consideration of items
beyond Brexit, Mrs May must continue to deliver the Cameron’s legacy mandate
and the below powers will help to ensure this.
- Appoint/Dismiss Ministers
The Prime
Minister creates their own cabinet and junior ministers by selecting them based
on support of their policies. This is
the principle factor for deciding their team because without this, the Prime
Minister cannot expect domestic success.
Theresa May appointed David Davies
to the position of ‘Secretary of State for leaving the EU’ because of his
commitments to the vote leave campaign and David Cameron appointed George
Osborne because he knew Osborne’s identical commitment to low taxation
Allied to
this, political reliability and experience is important. It is worth noting that potential will be considered
for junior ministers, as was the case with David Miliband under Blair’s tenure.
What remains
to be seen is how Mrs May’s appointments will play out. Perhaps the first test will be the March
budget.
- Grant Peerages
The Prime
Minister has the power to recommend people to serve in the House of Lords as
life peers. A recent photograph revealed
that Mrs May is very aware of this power when she was spotted in the gallery
overseeing the debate around the Brexit bill.
Mrs May has a dilemma here though.
Although my earlier blog ‘How does the UK Government
control the UK Parliament?’ indicates
that the Prime Minister can control the House of Lords through her executive
advantages in the commons, it is no secret that the Conservative Party do not
have a majority in the Lords. This means
that defeats, such as the recent Brexit bill, can be a regular
Occurrence. In fact both Prime
Ministers since 2015 have been defeated a total of 60 times in the Lords.
These are typically former serving members of their party or a lifelong
experienced person recognised in their field.
John Major famously granted Margaret Thatcher a peerage to serve in the
House of Lords in the 90s.
Watch this space. No doubt there
will be opportunities for Mrs May to appoint more of ‘her type’. With the polls also reporting an 18 point
lead in the polls, will the Conservative population grow in te Lords?
Informal Powers of
the Prime Minister
Foreign Policy
Now is the
time to also look at Mrs May’s informal powers abroad. This is where we will look at the potential she
has to extend her authority abroad in the next couple of years.
- Represent The Nation To Foreign Power
It is absurd
to think that this is not a formal power of the Prime Minister. This is because the constitution has evolved beyond
what is documented in Parliament or by convention. However, the Prime Minister is unofficially considered
as the figurehead for the country both domestically and abroad. This means that any international incidents
require the Prime Minister to represent the UK.
Theresa May
has already began doing this, clocking up air miles throughout the political
world. In January she outlined to the
rest of Europe in 2017 what the UK’s intentions were when trading after Article
50 was invoked. Likewise, a state visit
to the USA saw her (literally) hand in hand with Trump.
Her
statesmanship and political diplomacy will be tested over her first term and
this will be scrutinised speech by speech and visit by visit.
Domestic
Policy
Now time to
return back home and back to the mandate.
We will now consider what the Americans would refer to as ‘extra
constitutional’ powers at Mrs May’s disposal.
- Chief Policy Maker To The Government
The Prime
Minister sets out which policies the government will implement by setting out
their manifesto in elections. Furthermore,
they then control cabinet to ensure the heads of each department implement this.
Mrs May is
only one of twelve Prime Ministers that have assumed office without a general
election, as is possible under the constitution of the United Kingdom. This therefore means that the policy agenda,
as previously outlined, is from the legacy of the Cameron Conservatives. There is some significant contrast on her own
personal autonomy, unlike Tony Blair when he was able to steamroll his policies
such as the Human Rights Act 1998 and the Constitutional Reform Act 2005.
However,
with reference again to Mrs May’s 18 point lead in the polls, it may not be too
long before she can enforce her own ‘one nation’ conservatism.
- Control Of The Cabinet
The Prime
Minister ensures that collective cabinet responsibility and individual
ministerial responsibility exist. This
is to guarantee that the UK Government are seen as a strong and stable
government. It also ensures the Prime
Minister is not seen as weak.
Tony Blair was
notorious for his control of the cabinet.
Blair ruthlessly fired Robin Cook from the cabinet once he became too
much of a political liability over personal affairs circulating in the media. Likewise, Margaret Thatcher had no issue with
reshuffling whenever the need arose.
As Mrs May has
reshuffled her cabinet when she became PM, perhaps to distance herself from
David Cameron’s legacy, such as the removal of George Osborne and Michael Gove. Overwhelming winning the commons vote over
Brexit is one evidential factor that could suggest that the control is there at
present.
- Make ‘Emergency Decisions’
Although Parliament
should be consulted when something major needs deciding or legislating, the Prime
Minister can make decisions that quickly eradicates a problem that cannot wait
to be resolved. An illustration is when Tony
Blair stopped the distribution of red meat in the early 00’s to prevent the
spread of mad cow disease.
This is a
trivial point at this stage but, depending on the strength of Mrs May’s authority
and subjective approach to this power, ‘emergencies’ may become a feature if
other options are exhausted.
In Conclusion
The previous blog ‘How does the UK Government control the UK Parliament?’
does also explore the limitations of Mrs
May, so it is not the intention of this blog to suggest that Mrs May has all of
these powers without significant control such as Parliament, the European Union
and (of course) the electorate.
There is nothing to illustrate that Mrs May will not execute her powers as
and when required and, with the polls at 18 points ahead, where will these
powers lead her and the UK in the forthcoming years?