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.     

Governance of Education in the United Kingdom: Convergence or Divergence?

Abstract

This article considers how structures and processes of governance in education have changed in England, Wales, Scotland and Northern Ireland over recent years, setting this discussion within the context of debates about the nature of governance and governing in public services more generally. It is argued, firstly, that governance needs to be considered as a comprehensive concept that encompasses both the role of the state and the range of other actors and processes through which educational provision is steered; and secondly, that governance is essentially about power: its distribution and its use. The article draws on these key ideas to explore the similarities and differences between the experiences of the four constituent jurisdictions of the United Kingdom over recent years. It considers whether the approaches in the jurisdictions are converging or diverging, the reasons underlying this, and prospects for the future. It is concluded that, while national histories and cultures have served to maintain very distinctive governance identities among the jurisdictions, international trends, and the ways in which governments respond to these, are putting these identities under considerable pressure.     

Building a More United Kingdom: a Conservative Case for Constitutional Reform1

The United Kingdom faces twin constitutional crises. The existence of the Union itself is now under stronger challenge than ever before, and many of the conventions and understandings which have underpinned the constitutional stability of the United Kingdom and the relationships between executive, Parliament and judiciary have been eroded or overthrown. There is no single, easy way to put things right. What is needed are reforms to the working of Parliament, the Civil Service and devolution, to restore greater balance and stability to our constitution. These should include measures to strengthen the ability of Parliament to hold the executive to account and a new Civil Service Act to provide for the independence, governance and accountability of the Civil Service. To overcome the strains that now threaten the unity of the UK we need a cultural shift in UK politics in favour of partnership and mutual respect, underpinned by changes to the way we do business in both government and Parliament and by greater devolution of power within England.     

Still better together? Purpose and power in intergovernmental councils in the UK

ABSTRACT

Intergovernmental relations in the United Kingdom were intended to be predominantly informal, but a machinery of intergovernmental councils (IGCs) developed alongside informal relations. This article examines the development, purpose and dynamics of the UK’s IGCs, with a particular focus on the multilateral Joint Ministerial Committee and the bilateral Joint Exchequer Committees. These IGCs remain weakly institutionalized and multilateral forums, in particular, are regarded by the devolved governments as providing limited opportunities for exercising influence. By contrast, bilateral IGCs have enabled devolved governments to utilize a range of non-constitutional resources to exert influence, irrespective of their relative constitutional weakness. The Brexit referendum generated an intensification of multilateral IGCs while exposing their weaknesses as forums for the exercise of shared rule. The purpose and dynamics within IGCs are shaped by the asymmetrical distribution of power, continued constitutional hierarchy, party competition and competing nationalist projects.     

Local governance under the Conservatives: super-austerity,devolution and the ‘smarter state’

Through their ambitious devolution programme, the Conservatives show a new assertiveness in relation to restructuring the local state, in contrast to the laissez-faire approach of the previous Coalition government. Although the Coalition piloted devolution, its signature policies of ‘localism’ and the ‘Big Society’ focused on non-state actors, providing rights and opportunities for communities to challenge local government and establish their own services. The Conservatives are promoting devolution as a strategy to stimulate economic growth based on greater sub-regional autonomy and increased competitiveness across and between English localities. ‘Combined authorities’ have the opportunity to champion local identities and acquire new economic development powers from Whitehall. But devolution could be a strategy to decentralise austerity, shifting responsibility to the local level for deeper cuts (56% by 2020) and inevitable service reductions. Local government confronts ‘super-austerity’, where new cuts come on top of previous ones, compounding original impacts and creating dangerous (and unevenly spread) multiplier effects. The Conservatives’ ‘smarter state’ policies, aimed at delivering ‘more for less’, amount to little more than a recycling of new public management diktats. The emerging patchwork of ‘devolution deals’ challenges the redistributive assumptions of the grant regime and could leave disadvantaged areas at particular risk of failure. ‘Metro mayors’ are intended to provide visible and accountable leadership; but roles for locally elected councillors, and prospects for community and citizen engagement, remain unclear. The public has yet to be adequately engaged in what is in danger of becoming a technocratic transfer of power.     

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.     

Party Legacies and Institutional Gravity: The Dynamic between Members of Parliament and Assembly Members in Wales

What does the creation of sub-national legislatures entail for the work of parliamentary representatives, and by what guidelines does the cross-level relationship evolve? This article considers the issue in the context of British devolution, relating the analysis of parliamentarians to the question of how parties adapt. The empirical analysis, drawing on a series of interviews with Assembly Members (AMs) and Members of Parliament (MPs) from Labour, the Conservative Party and the Liberal Democrats, shows that the infrastructure for communication between AMs and MPs differs considerably between the parties. Moreover, there are also key differences between parties with regard to how relations between individual representatives are resolved. Drawing upon insights from the institutionalist literature, the paper argues, first, that the creation of sub-national legislatures challenges party cohesiveness and, secondly, that how this challenge is met by the parties is guided by their distinct ideational and organisational legacies with regard to devolution.     

The Public Legitimacy of the National Assembly for Wales

This article examines the public legitimacy of the National Assembly for Wales. Both the Assembly and the broader system of devolved government for Wales initially enjoyed very limited public support. It is shown that support for devolution in general has risen substantially, while some elements of public attitudes towards the Assembly itself now appear distinctly positive. However, it is also demonstrated that public legitimacy, defined as ‘diffuse support’ for the Assembly, remains limited. The article then examines what factors explain levels of diffuse support for the National Assembly. It is found that variation in such support is best accounted for by factors associated with ‘non-material consequentialism’: perceptions of the impact of the Assembly on the process of government. The conclusion assesses the implications of the findings for the National Assembly, as well as for the study of devolution and political institutions more generally.     

Structural and Textural Dimensions of Territorial State Organisation

In the framework of devolution, British scholars have inquired how to assess the constitutional position of the local government in the UK and its effect for improving or hindering autonomy and democracy at the local level. The purpose of this paper is to discuss the same topic from a more general and comparative perspective, combining conceptual tools of continental public law and political science. To do this the paper proposes to differentiate three concepts of territorial state configuration. These concepts are territorial structure, territorial texture, and vertical diffusion of state authority. This paper asserts that the confusion of these three dimensions has not only impaired an adequate assessment of the constitutional position of local governments, but that the structural dimension has been under-theorised, thus distorting measurements of subnational authority. Moreover, scholars have underestimated structural constraints upon changes in the local government position within the polity. Finally, an operationalisation of the new findings is offered by plotting selected countries in a Cartesian system comparing them from the perspective of territorial structure and vertical authority diffusion.     

Place-Shaping by Local Government in Developing Countries: Lessons for the Developed World

The Lyons Inquiry into local government in Britain represented a significant contribution to the debate on local government reform, with policy ramifications well beyond contemporary Britain. This article considers the Inquiry's concept of “place-shaping” as a mode of local government reform which captures the experience of a number of developing countries in recent years. By way of illustrative examples, we examine these processes in the specific contexts of South Africa and Indonesia. In particular, we consider whether the devolution of functions to municipalities in developmental settings constitutes place-shaping, and how this bears on processes of local government reform in developed nations.