Political Manifesto
AS WE FLOCK TO VOTE for our next Government, what is the status of the various promises made by the parties? We have heard about opponents talk about broken promises. So, who better to explain it than an employment barrister? Ok! There are more and better qualified to say than I. But, in the interest of freedom of speech, I put my two pennies worth in on the issue of Manifestos. ‘A manifesto is a publication issued by a political party before a General Election. It?contains the set of?policies that?the party?stands for?and?would wish to implement if elected to govern.’
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EFFECTIVELY, there are only three ways this can go. A Government seeks to implement what it has in its manifesto; thus, keeping a promise. A Government does not seek to implement what it has in its manifesto; thus, not keeping a promise. A Government does the opposite to what it has in its manifesto; thus, not keeping a promise and, going further, reverses what it said it would do or would not do i.e. it promises it would not do X and, yet, does X.
IN A CONTRACT, we have an invitation to treat, an offer, an acceptance of that offer and consideration, being something of value. To break it down. A price tag is an invitation to treat. That is why you can offer the seller what is on the price tag for their product and they can decline to accept it even though the offeror offered what was on the tag. However, if the seller accepts, the consideration is paid – it doesn’t have to be money, it just needs to be of value; for example, the parties (seller and buyer) may agree on the buyer washing the seller’s car rather than the buyer parting with money. There is now a binding contract. A breach of this contract would entitle a party to damages – nominal or substantial.
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HOWEVER, accepting the terms of or promises contained within a manifesto is not to be confused with the concept of, and what philosophers would refer to as, a social contract. In other words, the manifesto is not an offer to treat on which we make an offer by voting for the party and on which the party accepts and forms the Government to implement that promise, failing which there would be a breach of a social contract and we, the people, call a General Election for a change. If only!
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BUT there is a convention, which hardly, if ever, gets mentioned. For Parliament to pass it laws – not, contrary to some belief, the Government – there would be readings in both Houses – Commons and Lords. On occasions, the Lords would challenge proposed legislation (a Bill) to such a degree that its proposed changes significantly seeks to alter that desired by the Commons, or various sections are abandoned in their entirety. That is the Parliamentary checks and balances at work. So, what happens in the event that the Government seeks to implement a policy/promise that was/is contained within its manifesto and for which, naturally – by way of having a Parliamentary majority – the people voted? Well, this is where the Salisbury Doctrine or Convention comes into play, which, ‘emerged from the working arrangements reached during the Labour Government of 1945-51, when the fifth Marquess of Salisbury was the Leader of the Conservative Opposition in the Lords. The Convention ensures that major Government Bills can get through the Lords when the Government of the day has no majority in the Lords. In practice, it means that the Lords does not try to vote down at second or third reading, a Government Bill mentioned in an election manifesto.’
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SO, now you know. If it’s in the manifesto and the government seeks to keep a promise, it should become law without too much trouble. You read it here, first!