Unit 8: Constitutional Reform and Devolution

1. Unit 8: Constitutional Reform and Devolution Readings: Norton CH 11 Dunleavy CH 7 and 8

2. Guiding Questions • Why did the Blair government embark on constitutional reform? • What is the political basis for devolution? • How does it work in practice? • What is the relationship between the central government and devolved institutions? • Have these reforms altered the traditional Westminster system?

3. Constitutional Reform • Blair government elected on a manifesto of constitutional reform. • 1997-2001 session: Devolution and House of Lords reform. • 2001-2005 session: Constitutional Reform Bill. • Flinders: Labour reforms “far reaching, but they have not been radical” • But reform process is ongoing; institutions remain in a state of flux.

4. Blair and Reform • Introduced over 20 bills after 1997 election. • Unique for governments; opposition parties generally push for reform and are then unable (or unwilling) to enact it once in office. • Why was the Blair government different? • 1) Electorally speaking, early reforms (devolution) made sense. • 2) Government agreed not to spend more than Conservatives. • Constitutional reform could fill the policy void.

5. Blair and Reform • Commitment to carry out reform weakened throughout the term of government. • 1st term: reform was not resonating within the populace; feared reform would tie the government’s hands. • 2nd term: improving the efficiency of services, not reform, seen as a critical policy goal. • Reform put on the backburner: • 1) Belief that a strong executive was necessary to provide adequate services (i.e. NHS). • 2) Post 9/11 world required a strong executive response.

6. Reform Patterns • Blair government relatively unwilling to consult relevant actors in this process. • Coordination across issue areas weak. • Grand announcements often made with little in terms of concrete proposals. • Made reform proposals appear flimsy and politically motivated. • 3rd term: Little movement in terms of completing reform. • Economic situation and questions over Brown’s leadership dominate the agenda.

7. Devolution • The Blair Government was elected on a manifesto seeking to devolve authority to the regions. • Devolution: granting/shifting authority from the central government to a lower level of government (i.e. regional, local, state, etc.) • Contained provisions for devolution to the Welsh and Scottish regions as well as regions in England where there was “demand” for it. • Referendums passed in Scotland and Wales • Referendums in Northeast England failed.

8. Devolution • While Blair’s reforms in the area of devolution appear more settled than in the area of Lords reform or judicial reform, questions over the lasting consequences of devolution remain. • Jeffery: “where devolution has transformed politics beyond Westminster, it has done so asymmetrically” • Devolved institutions vary greatly in terms of institutional authority and autonomy. • The Scottish Parliament and Northern Irish Assembly have been given a wide berth; the Greater London Authority and Welsh Assembly are more constrained. • Jeffery: “Lopsided” nature of devolution is really nothing new; democratizing this process is.

9. Devolution in Scotland/Wales: Basis • 1997: Referendums held in Wales and Scotland on this issue. • Passed in Scotland with 74.3% of the vote; passed in Wales with 50.1%. • 1998: Parliament passed legislation to create a Scottish Parliament and Welsh Assembly. • Not the first instance of devolution in the UK • First adopted in Northern Ireland.

10. Devolution in Scotland/Wales: Basis • SCOTLAND • Scottish nationalist movement strong. • SNP leader of the movement. • Drew on separate legal and religious systems as a basis for autonomy. • Support for Labour pushed movement forward during Thatcher and Major governments. • WALES • Welsh movement comparatively weaker. • Drew on the need to protect Welsh culture and language as a basis of autonomy. • Particularly pronounced in northern Wales. • PC argued that any shift towards devolving authority to Scotland should be associated with a similar push in Wales.

11. Devolution in Scotland/Wales: Powers • SCOTLAND • Parliament has authority in all areas not specifically allocated to Westminster. • Reserve clause • Can shift Scottish tax rates within a +/-3% margin of the UK rate. • Building Holyrood (Parliament building) disillusioned many. • WALES • No reserve clause; cannot enact primary legislation. • Can enact secondary legislation. • That is, they can affect how legislation is implemented. • Although the boundaries here are unclear. • Cannot shift the tax rate within Wales.

12. The Barnett Formula • Determines the budget of devolved institutions. • Government funds devolved institutions via block grants. • Institutions have autonomy in spending based on their institutional authority. • Barnett formula provides a basis for funding but is based on per capita spending in England. • Baseline spending set in early 1980’s when per capita expenditures were higher in the regions than in England. • Spending is converging to English levels; causes concern in the regions. • “Barnett Squeeze” • Questions regarding funding disparities have led to critiques of the formula. • Can be changed at any time; no interest by Labour governments to do so.

13. Devolution in Scotland/Wales: Current Issues/Reform Proposals • SCOTLAND • 1) Increasing reliance on Sewelmotions • Delegate authority on some issues back to Westminster. • PRO: delegation to Westminster improves efficiency. • CON: legislation shifts outside of oversight of Holyrood. • 2) Dependent on Westminster for financing. • Barnett formula remains key to funding. • Little accountability to taxpayers outside of Scotland. • WALES • 1) “Top up” AM’s viewed with less legitimacy then constituency AM’s. • Replace AMS with STV. • 2) Institutional ambiguity with Westminster. • Give Assembly reserve authority commensurate with the Scottish Parliament. • 3) Increased workload. • Increase size of the Assembly from 60 to 80. • 4) Prefer a less “corporate” organization. • Make distinction between legislature and executive clear

14. Devolution in Northern Ireland • Northern Irish Assembly housed at Stormont. • Stormont originally modeled on the Westminster system; bicameral. • Stormont had authority to pass primary legislation; foreign affairs, taxation, currency controlled by Westminster. • Rioting in Belfast made governing difficult; a shift to SMD favored Unionists. • 1968: Londonderry March ends in violence; often considered the start of the “Troubles”

15. Devolution in Northern Ireland • 1972: “Bloody Sunday” leads PM Heath to shut down Stormont; Westminster directly governs Northern Ireland. • 1996: Nationalists and Unionists agree to work towards building a communal peace. • 1998: Good Friday Agreement signed; would return devolved rule to Northern Ireland. • Stormont: large membership and unicameral; authority over primary and secondary legislation. • Collective executive would allow for power sharing.

16. Devolution in Northern Ireland • Early release of IRA and Nationalist prisoners created strains. • Questions arose over whether or not the IRA really demilitarized. • The IRA claimed it would abide by its agreements but the assembly was reconstituted and shut down several times in 2001-2002. • Delayed elections occur in 2003; extreme parties win. • 2005 Northern Bank raid weakens IRA/Sinn Fein. • Aging Loyalist leadership also creates incentives to deal. • Stormont suspended until 2007; new elections privilege SF and DUP. • So far, power sharing appears to be working.

17. Devolution in England • Issue appears to be of more concern to political elites than the British voter. • 2004: referendums to turn RDA’s into devolved institutions fail in the northeast. • But Blair’s unpopularity and the weak authority which would be granted to these institutions was part of the problem. • Several parliamentary debates centered on how devolution affects voting at Westminster • West Lothian question: ability of Scottish MP’s to vote on legislation concerningWales and England while Welsh and English MP’s are barred from voting on Scottish issues. • Various proposals to deal with this issue but no real consensus.

18. Conclusions: Consequences of Devolution • Curbs on English expenditures would by definition decrease budgetary resources in the regions; problematic for regional politics. • Policy similarities across Westminster and devolved institutions under Labour unlikely to continue. • Devolution has created new patterns of political competition within the regions. • Policy disputes may energize latent cleavages (i.e. West Lothian question). • New interest groups have formed which speak directly to regional concerns; some of these groups interact not only with Westminster but also with Brussels. • Debate over the Supreme Court suggests a recognition that disagreements between the regions and the center need to be addressed.

19. Next Unit • Theme: Multiculturalism and Immigration • Readings: Dunleavy CH 11