BRITISH GOVERNANCE IN TRANSITION: A CASE STUDY OF THE NORTHERN IRELAND CIVIL SERVICE

ABSTRACT

In comparisons of the internal governmental arrangements within states, the United Kingdom (UK) is ordinarily categorised as a unitary state conforming to the ‘Westminster model’. However, this article contends that the changing nature of British governance over the last two decades means that the UK is better viewed as a ‘union state’ that conforms more readily to a ‘differentiated polity model’. Nowhere is the reality of differentiation more clearly exemplif ied than in respect of the British civil service. To illustrate the extent of differentiation, the article presents a case study of the characteristics and trends in the civil service of Northern Ireland for, while the politics of the Province have received great attention, its system of public administr ation has been chronically under-reported. The article considers the changing structures, policy process and impact of public management reforms as well as the restoration of devolved government. Finally, it summarises how the evidence from Northern Ireland informs theoretical understanding as well as its implications for the rest of the UK and beyond.     

Governance in Developing Countries: Sri Lanka and South Africa Compared

In this article, we investigate the main features of the governance model in two developing democracies, Sri Lanka and South Africa. We believe that these two countries are interesting test cases for a comparative study. Both countries are former British colonies and have inherited a similar administrative system heavily influenced by the British colonial model and have experienced an ethnic conflict to different extents in the past.

This comparison allows us to examine the determining factors for and against the level of effectiveness of governance in both countries. The findings suggest that the socio-political system within which they operate is dynamic and is an important influence for integrated governance. The study concludes that the outcomes of governance in both countries are better explained by taking into account the features described in an integrated governance model. This provides a better understanding of the dynamics of governance in developing countries.     

Whither the state? Mining codes and mineral resource governance in Africa

In contrast to the early post-independence era in which African states predominantly controlled the mining sector, the 1980s saw African countries update their mining codes to attract foreign capital. These reform measures largely diminished the power of the state, either resulting in its “selective silence” or its retraction. However, after three waves of these reforms, the disparity between natural resources and sustainable development has continued to widen. Two theories offer a nuanced approach to understanding the state of flux of mining codes and mineral governance in Africa: governance theory and the developmental state theory. This article argues that the activist, interventionist state is making a comeback in mineral resource governance throughout Africa. Moreover, regional initiatives such as the African Mining Vision represent a fundamental departure in mineral governance. However, such initiatives will only bring development to the extent that they are owned by African governments and backed by local communities.     

A GENDER ANALYSIS OF WOMEN IN PUBLIC–PRIVATE–VOLUNTARY SECTOR ‘PARTNERSHIPS’

The nature of work and traditional notions of the public sector have been changing with increasing collaborative governance and delivery of public services among public, private and voluntary sector organizations. In the UK, governments at national and devolved levels of government have adopted collaborative governance for service delivery through various networks and partnerships. This article explores collaborative governance from a gender perspective, specifically the perceptions of women in public–private–voluntary sector partnerships. While previous research in this area has explored aspects of collaborative governance such as power, trust, accountability, decision‐making, performance, exchange of information and participation, there is very little research on women within these networks. The article therefore provides a gendered analysis, disaggregating survey data to better understand the dynamics, for women, of collaborative governance and partnerships among public, private and voluntary sector organizations.     

The Northern Ireland Civil Service: Characteristics and Trends Since 1970

"This is a damned funny country. There's one crowd singing 'Wrap the Green Flag Round Me' and another crowd sings 'Rule Britannia' and there's a lot of bloody civil servants up there in Stormont drawing twenty pounds a week and laughing at the lot of us." Comment made in 1939 to Patrick Shea, cited in Shea 1981, p. 205.
This paper offers a summary of research on the Northern Ireland Civil Service (NICS) that has been undertaken as part of an ESRC-supported project examining the changing nature of civil services throughout the British Isles. Not since Gladden's seminal work in 1967 have studies of the British Civil Services offered sufficient coverage of the long-existing variations within the UK. The weaknesses in coverage are particularly visible with respect to the Northern Ireland Civil Service (NICS), which is accorded either footnote status in most work or even ignored altogether. A compelling case for closing the gap in the literature is underscored by the political devolution that was introduced after 1998. Far from being the unitary state associated with the Westminster model, the UK exhibits the features of a differentiated polity in which figure the contradictory impulses of centralization and fragmentation. In illustrating 'parity with particularity', the civil service arrangements obtaining within the Province of Northern Ireland clearly exemplify the differentiation with the UK. Moreover, with devolved fora now established for both Scotland and Wales, with associated pressure for more distinctive and even separate civil arrangements in each, Northern Ireland's experience offers valuable lessons on how the UK civil service may develop in Scotland and Wales.     

Localism and Accountability in a Post-Collaborative Era: Where Does It Leave the Community Right to Challenge?

Since the establishment of subsidiarity in the early 1990s, the European-wide move to devolve governance has been interpreted by previous and present UK governments adopting differing ideological positions within a ‘localism agenda’. Interpretations have changed the dynamics of the community right to challenge, as well as the structure and mechanisms for community accountability. This article adopts the typology of forms of local governance developed by Lowndes and Sullivan (2008, How low can you go? Rationales and challenges for neighbourhood governance. Public Administration, 86 (1), 1–22) to explore the hypothesis that the localism agenda realigns the synergy between neighbourhood rationales; citizen engagement in service delivery and the opportunity for public scrutiny and accountability. It concludes that opportunities for communities to challenge service delivery and ensure increased accountability to the local level will be tempered by increased complexity and demands on local authorities to develop new relationships with both service users and providers.     

Fast spinning into oblivion? Recent developments in money-laundering policies and offshore finance centres

This article examines the growth of money-laundering in conjunction with the associated development of offshore finance centres (OFCs) located in small places such as islands or microstates in the Caribbean and elsewhere. The phenomenal growth of OFCs since the 1960s may be seen in terms of the 'four spaces'. Three of these 'spaces-the secrecy space (confidentiality); the regulatory space; and the political space-can be used to frame an analysis of the growth of offshore finance and the emergence of a suitable environment for international money-laundering. The article then examines recent policy developments concerning money-laundering and OFCs, such as the workings of the Financial Action Task Force (FATF), and the regional Task Forces such as the Caribbean Task Force. Finally, the article explores the changing way 'offshore' is being constructed as exemplified by rising onshore pressure from the OECD, G7, the EU and, most recently, the UK government, with its growing concern demonstrated by the 1998 unprecedented Home Office and FCO reviews of both British Isles and Caribbean OFCs.     

NEW GOVERNANCE ARRANGEMENTS AT THE INTERSECTION OF CLIMATE CHANGE AND FOREST POLICY: INSTITUTIONAL,POLITICAL AND REGULATORY DIMENSIONS

This article investigates emerging governance arrangements at the intersection between forest management and climate policy. The authors deploy the symposium's three‐dimensional framework to describe and evaluate developments within two distinct policy sectors (forestry/climate change adaptation and mitigation) at several levels of governance (bi‐national, national, and sub‐national) to explore the nature and operation of the emerging governance arrangements, and assessing and measuring change within these arrangements over time. Drawing on four contemporary case studies from the US and Canada, New Zealand, British Columbia and Alaska, the authors discern little evidence of a generalized, linear trend from ‘government to governance’. Instead, they conclude, across institutional, political and regulatory dimensions of governance, a more variegated and diverse picture emerges. Their analysis also lends support for the Trubek and Trubek (2007) hypothesis that emerging governance arrangements typically interact with extant ones through modalities of rivalry, complementarity and transformation.     

PUBLIC LAW

Traditionally, both the academic study and the practice of UK public administration have drawn very little inspiration from the discipline of public law. In contrast to most other European countries, in which public services are subject to extensive administrative-legal codes, and in which administrative disputes fall under the jurisdiction of separate and specialized administrative courts, UK administrative law remains – recent reforms notwithstanding – significantly undeveloped. There is a marked contrast also with the United States, where the founding scholars of the discipline of public administration saw it as being firmly rooted in public law. There is no codified British constitution and no counterpart of the US Supreme Court; and there is no British counterpart of the US Administrative Procedure Act 1946. However, there are three factors which underline the urgent need in the UK for greater collaboration and convergence between the disciplines of public law and public administration: first, the accumulation in recent years of a substantial body of research-based, academic literature on public law, which provides important insights into the changing landscape of UK public administration; secondly, the continuing development of machinery for the redress of citizens’grievances against the state – in particular, the substantial growth of judicial review proceedings and the development of ombudsman systems; thirdly, the continuing transformation of the agenda of UK law and politics by developments in the European Union.     

Regional Governance in Unitary States: Lessons from the Netherlands in Comparative Perspective

There is a growing need for regional governance in Western European countries. Unitary states and nations like the Netherlands, France and England do not (yet) have fully fledged, general purpose intermediate governments that can fulfil this need. This article reviews the institutional arrangements for regional governance in the countries mentioned. The existing arrangements turn out to have a great deal in common and show comparable flaws. Drawing on experience from France and the Netherlands, and against the background of the debate on elected Regional Assemblies in England, the article reflects on the need for an autonomous regional government and the requirements it has to meet.     

Legal reform need not come first: Merit‐based civil service management in law and practice

Introducing merit recruitment of public servants is a central good governance reform. To move towards merit in practice, legislation which mandates merit recruitment is considered a necessary but insufficient first step by many scholars and practitioners. Merit‐based civil service legislation should thus be sought before reform in practice. This article challenges this reasoning. It argues that merit laws are neither sufficient nor necessary: they leave the incumbent's possibility frontier for patronage and meritocracy in practice unaffected. Large‐ and small‐n evidence supports this assertion. Analyses of an original dataset of coded civil service legislation in 117 countries from 1975 to 2015 suggest that countries can attain meritocratic recruitment with and without legal merit requirements. Subsequently, a comparison of Paraguay and the Dominican Republic provides micro‐evidence for the underlying mechanism. Conventional wisdom about the sequencing of governance reforms in developing countries may thus be misleading: legal reform need not come first.     

The Theory and Practice of Group Representation: Reflections on the Governance of Race Equality in Birmingham

A number of political theorists have recently argued that group representation is essential to the achievement of social justice. However relatively little work exists on the institutional implications of such arguments beyond the analysis of electoral mechanisms to achieve greater representation within legislatures. This leaves unanswered one of the most difficult questions facing policy-makers – how to effectively engage the range of Black and minority ethnic (BME) communities in decision-making processes. Through a detailed analysis of the changing nature of the arrangements in place in Birmingham (UK) to engage BME communities, this paper is able to reflect on the theoretical and practical challenges of group representation in contemporary polities.     

Community Stakeholder Responses to Countering Violent Extremism Locally

ABSTRACT

In the United States, despite federal efforts to empower communities to form local governance networks to develop and implement collaborative countering violent extremism (CVE) programs, local CVE governance networks are rare. Why do CVE governance networks emerge within only some communities? I argue that three factors—interest in CVE, capacity to participate, and facilitation—determine the prospects for the emergence of a CVE governance network within a community. The article uses a matching technique to identify and compare the community stakeholder responses to CVE in two communities—Houston, TX and Columbus, OH. Survey research of stakeholders who participated in Houston and stakeholders most likely to participate in Columbus but did not highlights the importance of the three factors. By focusing on these drivers of collaborative governance, the article provides an explanation for the lack of CVE collaboration in the United States.     

Patents and pills,power and procedure: The North-South politics of public health in the WTO

Developing countries have limited control over the distributional and substantive dimensions of international institutions, but they retain an important stake in a rule-based international order that can reduce uncertainty and stabilize expectations. Because international institutions can provide small states with a potential mechanism to bind more powerful states to mutually recognized rules, developing countries may seek to strengthen the procedural dimensions of multilateral institutions. Clear and strong multilateral rules cannot substitute for weakness, but they can help ameliorate some of the vulnerability that is a product of developing countries’ position in the international system. This article uses the contemporary international politics of intellectual property rights (IPRs) as a lens to examine North-South conflicts over international economic governance and the possibilities of institutional reform. Lacking the power to revise the substance of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), developing countries, allied with a network of international public health activists, subsequently designed strategies to operate within the constraining international political reality they faced. They sought to clarify the rules of international patent law, to affirm the rights established during the TRIPS negotiations, and to minimize vulnerability to opportunism by powerful states. In doing so the developing countries reinforced global governance in IPRs. Ken Shadlen is lecturer in development studies at the London School of Economics. He is the author ofDemocratization without Representation: The Politics of Small Industry in Mexico (Penn State University Press, 2004). His work on the politics of intellectual property has appeared inWorld Economy, and is forthcoming inInternational Studies Quarterly, Journal of International Development, andReview of International Political Economy. In preparing this paper I have benefited from discussions of the material with a number of people, including Tom Callaghy, Meghnad Desai, Tim Dyson, Christopher Garrison, Marcus Kurtz, Susan Martin, Christopher May, Monique Mrazek, Andrew Schrank, and Robert Wade. I also wish to thank the journal’s reviewers for their helpful and constructive comments. Financial support was provided by STICERD, LSE.     

Governance in Whitehall

Governance theory raises conceptual and theoretical questions about the coordination of complex social systems and the evolving role of the state within that process. A central aspect of the governance debate focuses on the ability of national governments to address salient social issues. This article examines the British Labour governments' attempts to facilitate cross-departmental inter-organizational collaboration within Whitehall in an attempt to develop innovative responses to seemingly intractable social problems. The government's desire and strategy to increase its capacity to orchestrate 'joined-up' government can be interpreted as both an acceptance and a response to the challenges of modern governance. The article locates the structural, procedural and cultural responses to this challenge within the theoretical and analytical framework of governance theory. It concludes by suggesting that meaningful change in the way public policy is designed and implemented may well demand a more deep seated reappraisal of the structure of Whitehall and the dominant values of the British political elite than is currently anticipated.     

The challenge of assessing governance in Asian states: Hong Kong in the Worldwide Governance Indicators ranking

As countries in Asia work towards achieving development, the state of governance emerged as a benchmark for them. Assessing governance is an important exercise because a country’s image is influenced by its position in world rankings which plays a role in decisions by the international community regarding aid and trade. The methodology adopted in preparing the Worldwide Governance Indicators (WGI) rankings underlines the preference for some values that are dominant in Western liberal democratic systems. This places Asian states at a disadvantage as other traditional values are ignored in assessing the state of governance. This article examines the methods and criteria of the WGI with reference to the case of Hong Kong. An overview of the critiques of WGI and analysis of the scores awarded to Hong Kong reveal the challenge of assessing governance across countries with the same instrument without taking into consideration the context of the units. The article argues that there is a need for developing alternative criteria for accommodating indigenous institutional structures, processes, and practices to ensure that Asian countries can benefit from the desired values of governance and help overcome the partial picture of governance that emerges in the WGI.     

WHY STRONG COORDINATION AT ONE LEVEL OF GOVERNMENT IS INCOMPATIBLE WITH STRONG COORDINATION ACROSS LEVELS (AND HOW TO LIVE WITH IT): THE CASE OF THE EUROPEAN UNION

The European Union (EU) inherited ‘indirect administration’ from classical international organizations: policies adopted by the international organization are subsequently to be implemented nationally by member states themselves, and not by bodies owned by the international organization. This arrangement has often led to legislation being incorporated and applied rather differently across countries. In order to harmonize implementation practices within the EU, we have witnessed a development from ‘indirect administration’ to more ‘direct administration’ in the sense that national agencies work closely with the European Commission, EU agencies and sister agencies in other member states, partly bypassing national ministries. Thus, stronger coordination across levels may counteract strong coordination at the national level. This ‘coordination dilemma’ seems to have been largely ignored in the literatures on EU network governance and national ‘joined‐up government’, respectively. The ambition of this article is twofold: first, the coordination dilemma is theoretically and empirically illustrated by the seeming incompatibility between a more direct implementation structure in the multilevel EU administrative system and trends towards strengthening coordination and control within nation states. Second, the article discusses organizational arrangements that may enable systems to live with the coordination dilemma in practice.     

Westminster in small states: comparing the Caribbean and pacific experience

Small states, and those in the Caribbean and Pacific regions in particular, are among the most stubbornly and disproportionally democratic countries in the world. And yet, they are rarely studied comparatively, despite sharing seemingly obvious similarities – aside from being small island states with developing economies they also tend to share a British colonial heritage and Westminster-inspired political institutions. This omission is all the more puzzling if we consider that the group does not conform to the standard battery of explanations developed by democratization theorists. To pave the way for further research across these two regions, this article provides a synoptic comparison of the process of democratization in Caribbean and Pacific small states. We highlight important similarities and differences that stem from the interaction between formal institutions and informal practices. We conclude by reiterating the benefits for scholars of democratization by looking at these significant yet hitherto rarely compared cases.     

Single-Issue Terrorism: A Neglected Phenomenon?

The willingness of some single-issue groups to use violence in the pursuit of their cause has received surprisingly little attention within the literature on terrorism. This article seeks to add to our understanding of this phenomenonnamely that of single-issue terrorismby focusing on the increasing tendency of groups within the British animal rights movement to utilize violent methods in order to achieve their objectives. The article will seek to further the argument that some single-issue groups have been willing to use violence in past campaigns, thereby highlighting the understudied nature of the phenomenon. This will be illustrated by examining the campaign of single-issue terrorism undertaken by the militant suffragettes in Britain in the 1910s.     

Governance modes in global and democratic transitions: Issue area variations in Thai politics since 1973

Globalisation and democratisation have contributed to the emergence of multiple and changing governance modes across issue areas within political systems. But standard methodological and concept refinement strategies to analyse these different types of governance encounter difficulties because they test or modify singular “root” conceptions of governance. This article proposes an alternative solution by integrating issue area variations and state‐society relations to illuminate the multiple and changing modes of governance within states. Variations in the extent of issue accessibility, political participation, and policy penetration generate different governance modes across issue areas. To illustrate the utility of this approach, this article uses it to systematise some perplexing variations in Thai politics since 1973.