The Conservative leadership contest is finally showing signs of intelligent life. Until this weekend, the only candidate to have said anything of any great significance was Tom Tugendhat with his speech on public order following the riots. He has continued to attract attention, simply by moving beyond the bounds of content-free platitudes.
As if waking up to the danger of letting her most articulate rival dominate the conversation, Kemi Badenoch has now made her most significant intervention to date. Writing in the Sunday Times, she starts off with a painful truth for her party: “people voted us out more than they voted Labour in.” But what explains the failure of the Tories in government?
Badenoch blames the “political system […] bequeathed to us by Tony Blair”. By this she means the endless round of consultations, public inquiries, judicial activism, interfering quangos and legally-binding policy frameworks that stop governments — especially Conservative governments — from getting on with what they were elected to do.
Unlike Liz Truss, who blamed her downfall on the “deep state”, one might call Badenoch’s bugbear the “shallow state”. There’s nothing covert or conspiratorial going on here, but instead an all-too-familiar set of bureaucratic and legal constraints on ministerial action. The Tories never got anywhere because they were tied up in knots.
There’s no doubt that inertia and obstructionism are everyday frustrations in Whitehall. And yet there are three big holes in Badenoch’s argument.
Firstly, the constraints that governments impose upon themselves are sometimes there for a reason. Take the UK’s obligations as a member of Nato: it’s surely a good thing that the defence of the West is underpinned by Article 5, rather than at the discretion of ministers. The same applies to our Net Zero commitment to tackling climate change. This isn’t the “very definition of over-legislating” as Badenoch claims, but the clear steer that businesses need before making multi-decade, multi-billion-pound investments in new energy infrastructure.
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