English Question or Union Question? Neither has Easy Answers

While devolution has provided a stronger political voice for Scotland, Wales and Northern Ireland since the late 1990s, it is only in the past few years that English public opinion appears to have become exercised by the lack of similar arrangements for England. The renewed debates over the character of the Union after the Scottish independence referendum reveal a desire for ‘fair treatment’ of England within a Union conceived as a partnership of equals. At the same time, numerous proposals have been made for devolution of power within England, reflecting long‐held concerns about the territorial hegemony of London. Solutions to the former issue include English votes for English laws and an English Parliament. Solutions to the latter include city‐regions, strengthened local government, the first of these appears to be the government's preferred route, in the light of the recent ‘Greater Manchester Agreement’. However, none of these ‘solutions’ can count on being implemented.     

Hate Crime: Record or Perception?

Public policing in Northern Ireland has gone through a process of reform and governance change in reaction to the peace process and the requirement to shift from a police force, largely engaged in conflict-centred policing, to a policing service dedicated to civil policing and normalisation. During the past decade, Northern Ireland has witnessed a significant decline in recorded sectarian crime. This decline in ethnic conflict has been accompanied by a growth in support for the police, especially within the Catholic community. However, information pertaining to support for public policing is determined at national level and we know little about how residents of sites of previously high levels of political and sectarian conflict feel about policing reform and delivery. In this paper we show that the perception of sectarian crime is much greater than recorded sectarian crime. Moreover, the perception of sectarian crime is a significant predictor of negative attitudes regarding police performance. The paper offers a unique quantitative insight into perceptions of sectarian crime and posits a predicament that is not discussed or debated with regard to the delivery of community policing. The evidence presented offers a benchmark upon which such a debate could occur. We argue that knowledge of sectarian hate crime should not be centred at the national level, but at the more discrete scale of neighbourhood. Perceptions, whether linked to reality, signal or prejudice, can at times destabilise the peace-building process, yet are rarely attended to or discussed. Knowing the difference between recorded and perceived crime as either sectarian exaggeration or actuality would aid localised police-community interaction. Here we provide a statistical basis to stimulate such enquiry.     

The Continuing Volatility of Devolution in Northern Ireland: The Shadow of Direct Rule

Since the establishment of devolution in 1999, Northern Ireland's power‐sharing governments have been fragile and prone to crisis. However, following a decade of relative stability and cooperation between Nationalists and Unionists at Stormont, hopes were high that the devolved arrangements had finally become embedded and more resistant to collapse. This optimism was dashed when Sinn Féin brought down the devolved institutions in January 2017. A snap election once again returned the Democratic Unionist Party (DUP) and Sinn Féin as the largest parties and their inability to form a government resulted in yet another political stalemate. This article begins by outlining the pattern of political crises in Northern Ireland and assesses both the trigger factors and the responses. It then goes beyond the most obvious explanation for this continuing instability—that of the deep sectarian based divisions—and points to a number of other reasons for the volatility. These include issues such as the incomplete implementation of previous agreements, the impact of broader UK policies and the shadow of Direct Rule.     

Evolution and Devolution: Citizenship, Institutions, and Public Policy

The United Kingdom is a state of unions. It evolved througha series of diverse unions, each leaving an institutional legacy.Though the United Kingdom was highly centralized it was notuniform. Devolution is rooted in this legacy. Past institutionalarrangements, notably central government departments responsiblefor Scottish, Welsh, and Northern Ireland affairs (collectivelyknown as "administrative devolution") remain central to howUK politics and policy should be understood today. Devolutioninvolved adding elected representative institutions to eachof the components of the state of unions apart from England.The powers, responsibilities, and funding arrangements of devolutionreflect the evolution of administrative devolution. Nonetheless,devolution marks a critical juncture that will accentuate differencesin citizenship rights within the United Kingdom.     

The Future of the 'Radical Centre' in Northern Ireland after the Good Friday Agreement

The 1998 Good Friday Agreement has provided a new political dispensation in Northern Ireland. Through the management of the competing aims of unionism and nationalism, the Agreement hopes to promote cross-community consensus and forge a new, moderate centre. However, the segmental autonomy evident under the consociationalism of the Agreement poses questions of the existing political centre in Northern Ireland. Traditionally, the centre, as represented by the Alliance Party, has rejected unionism and nationalism, believing either to be ideologies to be overcome, rather than accommodated. Under the post-Agreement political arrangements, Alliance has already been obliged to bolster pro-Agreement unionism, through the temporary tactical redesignation of three of its Assembly members as Unionist and through tacit support for selected unionist election candidates. Using the first ever membership survey of the existing centre party in Northern Ireland, this article examines whether its vision of a radical third tradition is sustainable in a polity in which unionist and nationalist politics are legitimised.     

Devolution's Unfinished Business

Devolution was a response to a decline in legitimacy in the territorial politics of the UK. To differing extents and in different ways, there was a legitimacy gap in Scotland, Wales and Northern Ireland. This has largely been restored in the non-English parts of the UK but has created new problems of legitimacy in England. The West Lothian Question and territorial finance are the unfinished business of devolution. Using Beetham's classic work on The Legitimation of Power, this article argues that the situation today in England resembles that which existed before devolution in the non-English parts of the UK: there is nothing illegal in the current constitutional arrangements; but there are constitutional anomalies and inconsistencies, which may lead to a withdrawal of consent.     

The Future of Northern Ireland: the Role of the Belfast/Good Friday Agreement Institutions

Since the 2016 Brexit referendum a series of crises has gripped Northern Ireland's politics. This has had a destabilising effect across society, which has arguably been felt most acutely by political unionism. The Belfast/Good Friday Agreement (B/GFA) of 1998 created a series of institutions to deal with political conflict in Northern Ireland, manage cross-border cooperation and normalise relations between the UK and Ireland. However, many aspects of it have been sparingly and ineffectually deployed, most notably the second and third strands dealing with north/south and east/west relations respectively. In this article, the authors argue that regular use of the institutional arrangements created by the Agreement would help to deal with the challenges currently facing Northern Ireland and help address unionist anxieties over the Protocol. Use of the North-South Ministerial Council (NSMC), the British Irish Council (BIC) and the British-Irish Intergovernmental Conference (BIIGC) should be prioritised. The unresolved issues arising from Brexit require a recommitment to the intergovernmental logic at the heart of the 1998 Agreement, despite the obstacles.     

Devolution as Process: Institutional Structures,State Personnel and Transport Policy in the United Kingdom

Abstract. Devolution has been described as a key ‘global trend’ over recent decades as governments have decentralised power and responsibilities to subordinate regional institutions. UK devolution is characterised by its asymmetrical nature with different territories granted different institutional arrangements and powers. This paper seeks to examine the role of state personnel in mobilising the new institutional machinery and managing the process of devolution, focusing on transport policy. The research presented shows a clear contrast between London and Northern Ireland, on the one hand, and Scotland and Wales, on the other, in terms of the effectiveness of political leaders in creating clear policy priorities and momentum in transport.     

Between Devolution and Direct Rule: Implications of a Political Vacuum in Northern Ireland?

It is over a year since the collapse of the devolved administration at Stormont, which left one region of the United Kingdom without a functioning executive. Reluctance to introduce direct rule from Westminster reduced Northern Ireland to a desiccated form of governance. This article examines the nature and form of government in this political vacuum. The consequences of this system are examined in terms of the absence of legislation, mechanisms for scrutiny, and participation in intergovernmental relations. In the absence of devolution and direct rule, the potential for greater involvement of the Irish government in the affairs of Northern Ireland is also considered.     

The single transferable vote and ethnic conflict: The evidence from Northern Ireland

There has been a long-running debate amongst constitutional engineers between those who favour the proportional representation of parties (usually via PR-Closed List systems) and post-election power-sharing (Lijphart) and those who favour attempting to induce pre-election inter-ethnic ‘vote-pooling’ (Horowitz) as a more effective and stable method of governing divided societies. Less attention has been paid to the fact that other options are available. A leading candidate amongst these is the Single Transferable Vote (STV), a non-categorical ordinal ballot system that may be capable of combining the essential ‘fairness’ of proportionality with the centripetal benefits of some inter-ethnic vote-pooling. Northern Ireland is the only divided society with extensive experience of STV elections. This paper examines the empirical evidence before and after the 1998 Belfast Agreement by examining the operation of the electoral system at the Northern Ireland Assembly elections of 1982, 1998, 2003, 2007 and 2011. The main findings are that prior to the 1998 Agreement inter-ethnic vote-pooling in Northern Ireland was very close to zero. Afterwards (1998–2007) terminal transfers from the moderate unionist UUP to the moderate nationalist SDLP averaged 32 per cent (and 13 per cent in the opposite direction). Although most transfers clearly remain within ethnic blocs, these inter-ethnic terminal transfers are a change with the past and suggest that STV may be an appropriate electoral system choice for some divided societies.     

Northern Ireland: At the Crossroads of Political and Administrative Reform

Northern Ireland is at a political and administrative cross-roads. Politically the Good Friday Agreement has paved the way for devolved government, and administratively the system of Direct Rule from Westminster will come to an end. This article examines the major problems of accountability linked to Direct Rule government and sets out a policy agenda for the new Northern Ireland Assembly.     

Devolution in the United Kingdom: Statehood and Citizenship in Transition

The United Kingdom evolved as a "state of unions," in whichgovernment arrangements were territorially varied in line withthe particular circumstances of the sequence of acts of unionbetween the core state territory of England and Wales, Scotland,and Ireland. The recent devolution reforms have built on thatterritorial nonuniformity, embedding a number of idiosyncrasiesinto the devolved UK state: a lopsidedness that leaves the biggestand wealthiest part of the United Kingdom—England—governedcentrally wihle the non-English nations have devolved government,devolved government arrangements for those nations that aremarkedly asymmetrical, and an underdeveloped system of intergovernmentalrelations connecting United Kingdom—level and devolvedpolitical arenas. Together these issues pose important questionsof whether the devolution reforms amount to a coherent overallpackage, whether the reforms are stable, and whether they erodea common UK citizenship.     

A Principles‐based Approach to the Barnett Formula1

This essay argues that the Barnett formula—which determines the block grant paid annually by the UK government to each of the Devolved Administrations of Scotland, Wales and Northern Ireland—be reformulated, guided by the following principles: fiscal equity, accountability, transparency, and flexibility. The rationale for change is that the current fiscal arrangements make little policy sense and may not be sustainable in a changing political and economic context. The formation of a grants commission to help develop data, calculate disparities, and provide public advice to the Chancellor of the Exchequer is also advocated.     

The Anglo‐Irish Agreement: 25 Years On

This article examines the surprisingly muted commemoration of the 25th anniversary of the Anglo‐Irish Agreement. It was surprising because not only was the Agreement a major innovation in relations between the two states but it was also the defining political issue in Northern Ireland for almost a decade. It is argued that the significance of the Agreement has been diminished because of retrospective narratives which serve the political convenience of the key parties to the Northern Ireland conflict. The article adapts Oakeshott's notion of the ‘dry wall’ to re‐assess and to re‐state the Agreement's place in recent history.     

Public Administration in a Conflict Situation: The Case of Northern Ireland

This article examines recent developments in the public administrative system in Northern Ireland. The conflict in Northern Ireland has received widespread publicity, Yet government in the region continues. Public services are delivered. The article considers how the public administrative system has played its part in the management by the British government of the conflict. There are many other situations where there is political violence. The Northern Ireland case may offer insights to public administrators and policymakers in managing such situations.     

The Impact of Devolution on Women's Political Representation Levels in Northern Ireland

Historically, Northern Ireland women have been severely under-represented in the formal political arena. Despite the main parties having failed to address this issue, women have notably increased their presence in elected positions since the establishment of the Northern Ireland Assembly in 1998. In the absence of any initiatives undertaken specifically to improve women's political status, it appears that the opportunities of devolution have facilitated these recent achievements. Specifically, the new political landscape has become more open and conducive to promoting women into positions of political power, and it is the impact of these developments that this article explores.     

Peace in Northern Ireland and the Remaining Issue of the “On-the-Runs”

The return of devolution to Northern Ireland in May 2007 marks an important turning point in the Northern Ireland peace process, but there remains the issue of the “on-the-runs”—a term used to describe persons suspected of committing a range of terrorist acts during the Troubles, who were never arrested, charged, prosecuted, or tried. It is thought that the On-the-Runs want to return to Northern Ireland, but determining the conditions for their return is a difficult and controversial issue, raising legal and moral concerns and causing strong and painful reactions among the victims of terrorist violence on all sides of the Northern Ireland conflict. It is also an issue that is complicated by the fact that while the Belfast Agreement of 1998 did not address expressly the situation of the On-the-Runs, it did provide for the accelerated release of a significant number of paramilitaries, both republican and loyalist, from prisons in both Ireland and Northern Ireland. This paper reviews the possible options in law for addressing the situation of the On-the-Runs, including extradition and prosecution, as well as trial and amnesty, and pardons. While the paper makes clear that the political offence exception to extradition is no longer the obstacle it once was, it also concludes that politics, rather than law, or simply the passage of time is more likely to offer the solution to the problem posed by the On-the-Runs.

Worth Restoring? Taking Stock of the Northern Ireland Assembly

The ongoing and almost record‐breaking hiatus in devolved government in Northern Ireland has brought the sustainability of the region's Assembly into sharp focus. As parties in Northern Ireland consider their options for restoring (and possibly reforming) the devolved institutions, this article takes stock of the Northern Ireland Assembly's merits and demerits. It is argued that, amidst the public's understandable exasperation with the current stalemate, it is easy to forget that the Assembly operated for a decade without suspension (2007–2017) and performed some functions reasonably well. This, of course, is not to detract from the institution's serious shortcomings, though it is argued that the worst of these could be mitigated via institutional reform. Crucially, institutional inertia is not an option. Should parties fail to address the need for institutional reform, commentators may well be right to question whether the Assembly is worth restoring.     

Brexit and Strand Three of the 1998 Agreement: The Three Faces of East-West

Under Strand Three of the 1998 Belfast ‘Good Friday’ Agreement, institutions were set up to promote the ‘harmonious and mutually beneficial development’ of the ‘totality of relationships’ between the peoples and governments of Ireland and the UK, including its devolved administrations and Crown Dependencies. According to the text of the 1998 Agreement this ‘east-west’ dimension was to have two elements with corresponding institutions: an intergovernmental one reflected in the British-Irish Intergovernmental Conference (BIIC) and an interjurisdictional one reflected in the British-Irish Council (BIC). These Strand Three institutions were designed to provide fora for, respectively, intergovernmental cooperation on ‘non-devolved Northern Ireland matters’ in the case of the BIIC and information exchange and cooperation ‘on matters of mutual interest within the competence of the relevant Administrations’ in the case of the BIC. Nowhere in the 1998 Agreement text is the concept of ‘east-west’ used to refer to relations between Northern Ireland and Great Britain. Yet, in the wake of Brexit, and in the midst of controversy over the implications of the Protocol on Ireland / Northern Ireland, relations between Great Britain and Northern Ireland (GB–NI) have been newly framed as ‘east-west’. The creation of this new discursive face of ‘east-west’ relations marks an important, but little discussed, impact of Brexit on the political and constitutional landscape of the UK and Ireland. Against this backdrop, this article considers the impacts of Brexit, and the Protocol, on three faces of ‘east-west’ relations—the BIIC, the BIC and, newly, GB–NI—and discusses their implications for the future of Strand 3 institutions and the ‘totality of relationships’ they represent.     

Security: Missing from the Northern Ireland Model

The Northern Ireland model is best defined as the framing of the political endgame of Northern Ireland’s conflict culminating in the 1998 Belfast Agreement, otherwise known as the Good Friday Agreement. The Northern Ireland model is popularly portrayed as a negotiated settlement. It focuses primarily on the bargain reached by Northern Irish political parties, assisted by British and Irish governments and mediated by US senator George Mitchell. Academics and officials alike use it to explain how the “Troubles” ended and peace was achieved. Conspicuously absent from this model is security. It also grossly understates the difficulty in dealing with a modern insurgency (the Provisionals) and leans too heavily toward skewed post-conflict thinking that views insurgents as “peacemakers” prevented from making peace because of a manifestly poor security response, particularly that of the police force and its intelligence agency (Special Branch). The perspective of politicians and diplomats who brokered the peace settlement prioritizes political negotiations at the expense of the security response; in so doing, the role of security is undermined and overlooked. Most contemporary academic works promote this outlook. Excluding security, however, thwarts a comprehensive analysis of the Northern Ireland conflict and renders any examination partial and unrepresentative. There is therefore a significant intellectual gap in our understanding of how peace was achieved, which this article redresses. Ultimately, it questions the Northern Ireland model’s capacity to assist in other relevant conflict contexts in any practical sense by arguing that a strategy where security pushed as politics pulled brought about peace. In other words, security played a crucial part because it forced the main protagonists into a situation out of which the Belfast Agreement emerged.