Ed Miliband's TV debates law

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Following the TV debate row in the UK, Labour Party leader Ed Miliband says a future Labour government would pass a law to ensure that live television debates become permanent features of general election campaigns. The law would establish a trust to establish the dates, format, volume and participants. I was once shocked by the alacrity with which politicians proposed new laws as the answer to any problem. Then I came to see it more as an interesting fact of anthropology. Now I see it more as an art form. The invention that goes into making new, pointless or counterproductive laws is truly a pinnacle of human achievement.

It is sublime that a politician who cannot get other people to debate with him should propose a law to force them. Exquisite that this new law should be backed up and overseen by a new quango. Uplifting that the law's proponents should think that the process would be fair, democratic, and easy.

It won't, of course. As I have mentioned here before, it is by no means clear that TV debates have any place in the constitution of the UK. After all, we do not live under a presidential system, and we do not elect presidents at general elections. Rather, we elect individual Members of Parliament in our local constituencies, and it is those MPs, or at least their parties, who decide who goes into 10 Downing Street. TV debates, by contrast, suggest that we are in fact electing a head of government. They suggest that individual MPs are of no account, mere members of that person's Establishment. They suggest that we are electing an executive, not a legislature that can hold the executive to account. Already, the executive in the UK has far too much power over Parliament, and Parliament has too little control over the executive. TV debates can only make that imbalance more profound.

As for timing, who knows if the five-year fixed election cycle, introduced in 2010, will last? If parties split on key issues, for example, the country might find itself without a coherent government. The calls for a fresh election would be overwhelming. And how to decide who should debate anyway? Is it decided on the basis of current representation in Parliament (in which case UKIP, though polling 15%, would be nowhere)? Or on the basis of the polls (in which case the Lib Dems, currently part of the government, would be nowhere)? Should parties that stand in only part of the UK (the Scot Nats or the Ulster Unionists, for example) be represented in the national debate? If so, how deeply?

The only people who would win every time are the lawyers. I sometimes wonder if, like the mice in Hitchhiker's Guide to the Galaxy, it is actually for their benefit that the world is currently configured.