EMU and the Shift in the European Labour Law Agenda: From ‘Social Policy’ to ‘Employment Policy’

This article examines the interaction between EMU and the European Union (EU) employment strategy and its implications for law. It focuses on the importance of EMU as a catalyst in the development of the EU's social and employment policy in the years following the Treaty on European Union in 1992, up to the inauguration of a new employment policy in the Treaty of Amsterdam. In analysing the EU's discourse on labour market regulation, it is arguable that a shift has occurred in the EU's position on the ‘labour market flexibility’ debate: that the EU institutions are more readily accepting of the orthodoxy that labour market regulation and labour market institutions are a major cause of unemployment within EU countries and that a deregulatory approach, which emphasises greater ‘flexibility’ in labour markets, is the key to solving Europe's unemployment ills, along with macroeconomic stability, restrictive fiscal policy and wage restraint. As the EU's employment strategy has matured, this increased emphasis on employment policy has come to displace discourses around social policy. This change in emphasis has important implications for EMU since it signals a re‐orientation from an approach to labour market regulation which had as its core a strong concept of employment protection and high labour standards, to an approach which prioritises employment creation, and minimises the role of social policy, since social policy is seen as potentially increasing the regulatory burden.     

The Future of Irish-UK Relations: Borders and Identities after Brexit: Introduction

It is apparent that the consociational framework established by the Belfast/Good Friday Agreement (B/GFA) is under threat, while the UK's withdrawal from the EU poses major challenges for maintaining peace, prosperity and social cohesion in Northern Ireland (NI). The contributions to this special collection examine key elements of the post-Brexit reality, with a particular focus on NI and the future of the intergovernmental bodies established by the B/GFA. The implications of the UK government's attempt unilaterally to disapply parts of the Protocol on Ireland/Northern Ireland are examined.     

Destroying one Public Service Bargain Without Making Another: A Comment on Lowe and Pemberton,The Official History of the British Civil Service,Volume II: 1982–1997

This article responds to Lowe and Pemberton's second volume on the history of the civil service and analyses fundamental shifts in British governance at the centre that occurred during the 1980s and 1990s. The traditional ‘public service bargain’ (PSB) that underpinned the relationship between ministers and officials has been repeatedly undermined. The article examines how far prior civil service reforms relate to the changes of the contemporary era instigated by Conservative‐led governments since 2010. As Lowe and Pemberton's work illustrates, the impulse to reform the state and the managerial reforms it unleashed were long in the making. Their legacy can be traced to the emergence of Thatcherism after 1979. The core argument of the article is that the more recent efforts of the Johnson administration to transform the state and undermine the PBS were scarcely original. Rather, they consolidated and drew upon earlier initiatives.     

Wench Tactics? Openings in Conditions of Closure

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments.     

Introduction: The Progressive Dilemma in British Politics

This special edition reflects on the contemporary relevance of the insights and concerns of David Marquand's book The Progressive Dilemma. In this Introduction, the editors set the scene for these reflections. They consider the structural changes that have occurred in politics since the 1990s: the impact of globalisation, the erosion of class identities, the rise of ‘identity politics’ and the continued fragmentation of the party system. There has been no reconciliation between the parties of the centre‐left, nor any re‐examination of the ‘liberal tradition’ and the potential for a new synthesis with revisionist social democracy. On the one hand, Corbynism is a radicalised metropolitan species of liberalism, while on the other there are plenty in Labour who stress the need for the party to re‐engage with the traditional, socially conservative values of the working class in a new ‘postliberal’ appeal. Yet the authors argue that those who broadly identify with progressive causes in British politics—animated by the various overlapping strands of social liberalism, social democracy and liberal socialism—have still to work out how to address the historic failings that Marquand so eloquently exposed, to create a new and inspiring intellectual vision that unites and energises the left and centre‐left.     

Representative Bureaucracy: A Lever to Enhance Social Equity,Coproduction, and Democracy

Scholars and practitioners have long questioned whether the race, ethnicity, and gender of public bureaucrats matter to the efficacy and legitimacy of public services. Representative bureaucracy theory and research provide a growing body of empirical evidence that it does. This article examines some of the rich scholarly work that has been generated on representative bureaucracy and its implications for practice. A significant aspect of recent research focuses on the notion of symbolic representation, whereby the mere existence of a passively represented bureaucracy can itself improve outcomes by influencing the attitudes and behaviors of clients, regardless of bureaucratic actions or results. This article is intended to help both students and public managers understand the importance of representativeness in public organizations for a broad spectrum of practices and goals, from the coproduction of services to democratic rule.     

How does diversity affect public organizational performance? A meta-analysis

Research in public administration examining the effects of diversity on public organizational performance has produced mixed results. However, the lack of a comprehensive theoretical framework has failed to provide an explanation for the mixed diversity effects. This study introduces a systematic analytical model, Categorization-Elaboration Model (CEM), to help identify the contextual constructs which can promote the positive effects of diversity on public organizational performance. A meta-analysis is conducted on 37 quantitative studies to test the empirical validity of a CEM constructed theoretical model with 253 effect sizes which will promote a better understanding of the circumstances or contexts that lead to the benefits of diversity within public sector organizations. The empirical results of meta-regression point to the appropriate range of contextual factors which can alleviate the potential negative effects of diversity and promote its overall positive effects.     

4F‐MDMB‐BINACA: A New Synthetic Cannabinoid Widely Implicated in Forensic Casework

This is the first report regarding the characterization of the new synthetic cannabinoid 4F‐MDMB‐BINACA. 4F‐MDMB‐BINACA was first analytically confirmed in seized drug material using gas chromatography–mass spectrometry (GC‐MS), liquid chromatography–quadrupole time‐of‐flight mass spectrometry (LC‐QTOF), and nuclear magnetic resonance (NMR) spectroscopy. Subsequent to this characterization, 4F‐MDMB‐BINACA was detected in biological specimens collected as part of forensically relevant casework, including medicolegal death investigations and drug impaired driving investigations, from a variety of regions in the United States. Further analysis of biological specimens resulted in the identification of the metabolites 4F‐MDMB‐BINACA 3,3‐dimethylbutanoic acid and 4‐OH‐MDMB‐BINACA. 4F‐MDMB‐BINACA is appearing with increasing frequency as a contributory factor in deaths, creating morbidity and mortality risks for drug users. Laboratories must be aware of its presence and impact, incorporating 4F‐MDMB‐BINACA into workflows for detection and confirmation.     

Levelling Up the UK: If not the Conservatives,will Labour Learn the Lessons from Past Policy Failings?

This article considers the levelling-up agenda in the UK, examining the Johnson government's original proposals to tackle regional and local inequality and its continuation under new Prime Minister Rishi Sunak following the short-lived premiership of Liz Truss. The 2022 Levelling Up in the United Kingdom White Paper is notable for the frank and wholesale critique it provides of previous governments’—both Tory and Labour—efforts to address the pressing issue of geographic inequality. The assessment was that a pattern of ad hoc and incoherent reforms needed to be replaced by a stable, long term and system-wide approach to change. Yet, under Johnson, Truss and now Sunak, policy churn is continuing, with an approach that falls short in following the lessons set out in the White Paper. We provide a detailed analysis of the government's critique of past reforms, the lessons it has set out and why its reform programme is likely to repeat past failings. Crucially, the approach leaves the structure of central government almost untouched, with substantive reforms instead focussed at the local governance level. We argue the government's programme perpetuates the ‘power-hoarding’ tendencies of the Westminster model, a key bulwark against meaningfully addressing the UK's spatial inequality problem. We conclude that the levelling-up agenda, missions and targets are unlikely to be met under Rishi Sunak, reflecting the endemic nature of short-termism and centralisation of power in the UK's public policy approach. We then consider the approach of Starmer's Labour Party to levelling up and the issues it needs to confront if it forms the next government.