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united kin g dom U.K. hits a snag after 10 years

Local control for Wales, , and – but not for England Federations

 2008 H C R | MA RY A RU FEB R E U E T R / S I V A d o M d i r

Jack McConnell, the Party leader (l.) and Alec Salmond, leader of the , wait for the cue to begin a pre-election debate in April 2007. Salmond won the race for the and formed a coalition with the Green party.

by CHARLIE JEFFERY the improbable coalition government of Scottish relationship, including U.K. unionists and Irish nationalists that representation at Westminster and the ine years after the law was was finally formed successfully, and higher level of public spending Scotland passed creating the Scottish relaunched devolution in Northern enjoys. The problem was that, while Parliament and the Welsh Ireland in May 2007. Scottish MPs at the U.K. Parliament at Assembly, devolution Unsurprisingly, given this set of elec- Westminster can vote on decisions that N tion outcomes, arrangements for affect England, after the creation of the appears to be producing the kind of transformation that many expected. All government in the four nations remain Scottish Parliament, the same Scottish the new devolved governments estab- contested. The SNP published a historic MPs had no say on similar decisions for lished after the 2007 , White Paper in August 2007 advocating Scotland. They can still decide on local Wales and Northern Ireland contain independence. In Wales the Labour and matters for England because there is no nationalist political parties with ambi- coalition plans a referen- English Assembly. One outcome appears tions in the short or long term to leave the dum on stronger legislative powers for to be a firming up of the Conservative U.K. The Scottish National Party (SNP) the Welsh Assembly by 2011. Party’s commitment to reform the way leads a in Scotland. A new debate about the government the U.K. Parliament deals with English TheW elsh nationalist party, Plaid Cymru, of England has also flared up. Prompted business after devolution. is junior partner in coalition with Labour mainly by Conservative commentators, in Wales. Finally, Sinn Fein, the Irish the English debate highlights concerns An unfinished devolution nationalist party, became number two in about the post-devolution Anglo- Only on the subject of Northern Ireland is there currently no appetite for revisit- Charlie Jeffery is Professor of Politics at the University of , U.K. ing government arrangements – a forumfed.org reflection of the way that polarized con- ministries introducing different types of expressed in legislative powers, freedom stitutional debate disabled earlier institutional reform for different reasons of spending within the block grants attempts at devolution. Few would bet, in each part of the U.K. Those reasons received by the devolved administra- though, that the government of Northern may all be good ones for devolution in tions, and in the weakness of Ireland has achieved enduring stability. Scotland, in Northern Ireland, or in mechanisms for co-ordination with the The union of nations that makes up Wales. But each reform has implications rest of the U.K. That permissiveness is the U.K. is, in other words, in flux. That beyond its own territory; all impact on amplified by the different dynamics of poses a particular challenge to the new the nature of the union that makes up the government formation produced by the Scottish U.K. Prime Minister, Gordon U.K. distinctive electoral and party systems in Brown. Brown is in a sensitive position: It is these implications – the effects of operation outside England, as seen in the an MP from a nation that has extensive reform in the parts of the U.K. on the 2007 election results. All this, of course, is devolved powers of government is now nature of Britain – that have been to an extent what devolution was for, to Prime Minister, responsible to a neglected. Beyond Brown’s occasional bring different approaches to govern- Parliament that is unable to legislate in speeches there has been no attempt at a ment better reflecting preferences Federations wide areas of policy for his constituency. systematic articulation of how the U.K. outside England. But there is somewhere While there are plans to reform the envisions its post-devolution format as a a tipping point where the scope for  , almost nothing in autonomy begins to rub up against the proposals so far reflects a fed- the content of common citizenship, eral relationship, let alone a which membership of a union

2008 change to a second chamber for implies. The U.K. lacks an institu- H

C the regions. tional structure capable of R Brown has been the only senior recognizing and regulating that U.K. politician to devote serious tension. | MA thought to the nature of the U.K. RY A union and what holds it together. Restoring legitimacy RU His theme has been “Britishness.” Devolution reforms were each

FEB In a series of speeches, he has tried introduced in a self-contained way to map out the shared identity and to address a problem in one part of values that build a commitment to the U.K. and did not take into the U.K. state across its compo- account the possibility of spill-over nent nations. As Brown said in a effects on other parts of the U.K. recent visit to Scotland: “For all of For example, devolution was intro- my political life, I have stood up duced in Scotland to restore for for Britain and I stand here today Scots the legitimacy of U.K. govern- again to speak up for Britain and ment. And it has largely done so, R

Britishness and for the values that E but what we have seen, especially U TE R

make us proud of our Britishness.” S/S in the last year or so, is a growing

tefan sense in England that Scottish

Sharing values with Scotland R devolution is unfair to the English. ou

Though it is doubtful that the Scots ssea Piecemeal devolution may solve

and the English mean the same u one problem, but end up creating thing by Britishness as an identity, British Prime Minister carries the legacy of another. Brown has a point on values. devolution, an initiative of the Labour Party. The biggest problem of piece- Public opinion research shows meal devolution is England itself. that people across the U.K. have England dominates the U.K., with more or less the same attitudes on 85 per cent plus of U.K. population fundamental values such as the balance whole. One unanswered question is what and GDP. It is governed by U.K.-level of market and state, or the duty of soli- the role of the centre – the U.K. institutions that combine and often con- darity between rich and poor. Parliament at Westminster and the U.K. fuse England-only and U.K.-wide roles. The problem Brown faces is that after government – should be. Nor is there an The devolved administrations have little 1997, governments in which he was a key answer to how Westminster now relates grip on those fused Anglo-U.K. institu- member have put too little thought into to the devolved territories and how the tions. Within a single U.K. economic crafting the institutional relationships parts now add up to make a whole. market, welfare-state and security-area needed to underpin the partnership of There are at least four reasons why decisions taken by those Anglo-U.K. England, Scotland, Wales and Northern this understated and piecemeal institutions all too easily neglect, ignore Ireland after devolution. approach to devolution is a problem: or confound devolved interests – some- To put it bluntly: devolution has been The structure of devolution is unusu- times with wilful intent, more often a project of the parts, not the whole. Its ally permissive of policy-making because the devolved nations lie low on logic is piecemeal, with different U.K. autonomy. This permissiveness was the Anglo-U.K. radar.

forumfed.org • • • There might appear to be a contradiction There are few significant differences in in differences significant few are There Belgium, Australia, and pretty much any reflect not vigorous did pub Devolution wherever they live (as in Australia or or Australia in (as live they wherever devolved or federal with where was much more a demand for proximity Resolving Resolving tension G union,” which act “social as minimum standardsnationwide of understandings tion plays out in in out plays tion the same package of public policies policies public of package same the that all citizens should have more or less and institutional, are techniques those of Some lacks. U.K. the which tension contradic same The contradiction. that that policy standards might diverge from the values that the Scots, English, highly formalized, written into the con the into written formalized, highly uniform for preference a between here lacking a legal basis, but reflecting reflecting but basis, legal a lacking process. They can also be highly informal, for demand a and standards policy devolution. lic demands for different policy agendas after place to place political borders on what is, in large part, borderless public opinion across the U.K. instead convention and practice. They They practice. and convention instead include, for example: that resolving and managing for niques indeed, but the British are not unusual in it English; the by favoured those from amid quite divergent packages of public and unresponsive. a decision-making, of ownership and across the U.K. appear to dislike the idea diverse policy standards. There might be produce to likely government devolved people Most hold. Irish Northern or can police quite exacting assumptions assumptions exacting quite police can tech have places other well-established government. The difference is that those sense that that sense second chambers, and subject to judicial territorial through out carried stitution, forumfed.org

ermany). They can express looser looser express can They ermany). Piecemeal devolution superimposes superimposes devolution Piecemeal conditional grants or co-funding co-funding or grants conditional intergovernmental co-ordination co-ordination intergovernmental nationwide legislation which sets sets which legislation nationwide ments real grip at the centre. minimum or framework standards; Such co-ordination structures can be agreed nationwide priorities; and central between arrangements devolved governments that address address that governments devolved structures that give devolved govern devolved that give structures W estminster was too remote remote too was estminster G ermany, Canada, Canada, ermany, W elsh ------“English card”: because it has so few seats The reason why those debates flared up flared debates those why reason The L Belgium or Canada). at i Soln ad pras a perhaps, and, Scotland in Party Brown’s 2007 2007 Brown’s H Northern Ireland in that period). In those will face a resurgent Scottish National National Scottish resurgent a face will Debate Debate reignites G (devolution was mostly suspended in in suspended mostly was (devolution Conservative Party tempted to play an an play to tempted Party Conservative tion had a smooth ride because because ride smooth a had tion the Scottish First Minister, . tion where he now has to deal with other the institutional arrangements for union the U.K. boat. Anglo-U.K. and devolved between tions pressures devolution has set free. But he parties, including a long-standing foe in led the governments at the U.K. level and last year is important. Until then, devolu parent as to when they happen or what is interac of sets haphazard has It parts. policies from one region to the next (as in before faces is to make up for lost time in a situa devolved and U.K. between ferences found not has Union the why reason in elephant English the balance might that centre the at weight the istrations the and whole the balancing for niques next U.K. election, which must be called roles, in Scotland and and ministers are more powerful. They They powerful. more are ministers and officials Anglo-U.K. the asymmetrical: a position of strength with the centrifugal established in 1999. complacency regarding the adequacy of reignited were during 2007. nations four the ern constitutional debates about how to gov that and devolution, after equilibrium devolved interests is perhaps the central certainly do not give the devolved admin also are interactions The discussed. officials and ministers that are not trans do well everywhere so as to engage from devolution. Perhaps he will have more to governments. But, more generally, generally, more But, governments. and nationwide balancing in game say if he wins his own mandate at the the at mandate own his wins he if say abour dominance was also the basis for overnance of Britain said nothing about e has not yet shown much of a hand. hand. a of much shown yet not has e The challenge Prime Minister Brown Minister Prime challenge The The absence of routinized rules of the The lacksU.K. such institutional tech Brown will be looking for for looking be will Brown L J abour could act as a broker of dif une 2010. W G reen Paper on The The on Paper reen ales from 1999 to 2007 L abour to to abour L abour abour ------“settled will” and would “kill nationalism There are even signs that the the that signs even are There English card” could change things in the H Scottish and Conservatives English Ireland with most of the existing powers Scotland, England, L Nationalists. As the leading Conservative would be abolished,andtheU.K.would be parlia which would debate defence and foreign Playing the English card U.K.” In his model, the the model, U.K.”his In U.K. U.K. Conservatives as their defenders. Brown Conservatives are seeking common common seeking are Conservatives called has Field Mark MP Conservative Commission proposed by the the by proposed Commission unionist parties suggests the stakes are are stakes the suggests parties unionist to defend in Scotland and tion. Only a decade after leading together. Constitutional Scottish new a to high as we approach the next U.K. elec U.K. next the approach we as high losers of the devolution era and the the and era devolution the of losers politicians argued that devolution was a unprecedented That December. last become.” border, fuel more the will Salmond Alex the of south debate to central becomes leader in Scotland, Scotland, in leader brought in by the the by in brought ment would meet in the old old the in meet would ment it: “The more the question of England England of question the more “The it: may get caught in a pincer movement of is far from such a proposal, however. however. proposal, a such from far is the number of politiciansincreasing to pay and to avoiding elect. thus ments, parlia regional four the of each from delegates of up made be would ment in parliaments national full, “four, for it, and the weaker weaker the and it, affairs, make treaties and administer a administer and treaties make affairs, parliament, Kingdom United federal a about whether critic of devolution, devolution, of critic of the completion of this process, not its repeal. cohesion fund for the poorer parts of the cause with with cause devolution of Scotland and and Scotland of devolution some young Tories are calling for the the for calling are Tories young some see votes in presenting the English as the stone dead,” that election may well be be well may election that dead,” stone main U.K.’s the across unity of show ords chamber. This new U.K. parlia U.K. new This chamber. ords ow the Conservative Party plays “the “the plays Party Conservative the ow The official Conservative Party policy W H hile their party had opposed the the opposed had party their hile ouse of Commons and over them L abour, with both signed up up abour,signed both with L abour can hold the U.K. L W G abour government, government, abour J W ohn Redwood, put put Redwood, ohn ordon Brown will will Brown ordon ales and Northern Northern and ales endy Alexander, Alexander, endy H W ouse of of ouse ales, it could H ales as as Wales ouse of of ouse L L abour abour L abour ords ords - - - -

FEBRUARY | MARCH 2008  Federations