I’ve just been listening to a radio programme about a 15
year old girl from Northern Ireland who needed an abortion but had to travel to
England to obtain it, at a cost of several thousand pounds, because it’s still
illegal there. She challenged this through
the law, with financial help from family and friends, and last week the Supreme
Court of the UNITED Kingdom of Great Britain and Northern Ireland ruled against
her on the basis that residual regional powers outweigh national ones. I can’t, obviously, challenge their lordships’
interpretation if the law, but I can and do question whether there is really one
such thing as ‘the law’ in this so-called country – or indeed whether it can
really be called a country any more.
Devolution – the biggest constitutional mistake since 1715 –
has had the opposite of the intended effect.
The idea was that different parts of the land had different needs, which
they should be allowed, within appropriate constraints, to express and control
through their own legislative and judicial bodies. Fair enough.
Where it went wrong was to do it the wrong way round. They should have started with the body of law
that applied to everyone and then asked the regions to justify their
exceptions. Instead they assumed the
exceptions stood and ducked the inevitable outcomes when a Westminster law came
to a head-on collision with a Stormont, Cardiff or Edinburgh one.
As it stands, we are neither one country nor are we several. And it’s not gonna get any simpler…