Transcript Document

After the Referendum
Inter-governmental relations in the UK in the
event of a NO vote
Dr Nicola McEwen, University of Edinburgh
Associate Director
ESRC Scottish Centre on Constitutional Change
Defining IGR
‘the working connections that tie central
governments to those constituent units that enjoy
measures of independent and interdependent
political power, governmental control and decisionmaking’ (Agranoff, 2004: 26)
Why IGR?
Consequence of division
of constitutional competences
 Shared powers/functions
 ‘spillover effects’
Nature of policy problems & integrated approach
to resolving them
 EG ‘poverty’, ‘economic growth’, ‘security’, etc
Intergovernmental finance – vertical fiscal
imbalance
Europeanisation
 EU policy-making/shaping;
 implementing EU directives
Factors Shaping IGR
Constitutional settlement and structure of government
Financial climate
Political/legal culture and role of the courts
Party political composition of government
Policy sphere:
 policy convergence/divergence; policy priorities
 extent of Europeanisation; inter-dependence
‘the human element’ (Wright) – the activities, attitudes,
personalities and perceptions of those individuals holding
office
IGR in the UK - I
PROCESSES
Formal machinery of IGR
 Joint Minister Committee – plenary and domestic
 British-Irish Council
BUT - emphasis on informality – concordats, Memorandum
of Understanding > low level of ‘institutionalisation’
Central co-ordination role of civil service as ‘oil and glue’
Comparative low level of judicialization in UK politics >
minimal role for the courts
Lack of intra-government centralisation of IGR, inc. through
territorial offices of state
IGR in the UK – II
DYNAMICS
Constitutional asymmetries across the UK >
 hierarchical IGR – dominance of central govt
 bilateral IGR – minimal scope for multi-lateral collaboration
Pre 2007 - benign fiscal climate & party congruence facilitated
co-operation/absence of conflict
2007-2010 – political opposition and ‘intra-territorial’
competition diminished trust and access
2010 – ‘respect agenda’ partially eroded by:
 austerity
 BIG constitutional politics
Proposals for Changes to IGR – I
Lib Dems
Home Rule and Community Rule Commission
 gradual process towards ‘home rule all round’ in a ‘federal union’
 enshrine principle of ‘mutual respect’ as a constitutional obligation
 eventual integration of territorial ministries into a dept for
constitutional affairs, and for the nations and regions
 creation of third category of powers – ‘partnership powers’ - to ensure
joint working between governments (e.g. energy, strategic welfare
policy, cross-border transport, marine, skills & employment)
 legal obligation to consult, but with ‘power of initiation’ in partnership
policies
 Enhanced role for the Supreme Court in formal dispute resolution
Proposals for Changes to IGR – II
Labour Party
Devolution Commission
interim report
Emphasis on central-local relations within Scotland
Constitutional rights for local government
Hint at recommendation for more formality:
“No formal machinery for inter-governmental relations will ever prevent
disagreements: disagreement is the very stuff of politics. Nevertheless, in our view,
the mechanisms for inter-governmental relations need to be further developed at all
levels. We welcome further thoughts from interested groups and stakeholders on
this issue and on how the necessary improvements might be achieved.”
 Calman commission:
 mutual respect between as ‘guiding principle’
 enhanced role and breadth of JMC, inc formal co-ordination among officials
 strengthened co-operation between Scot Parl & Westminster, inc
committees, with enhanced parliamentary scrutiny of IGR
Prospects for Post Referendum IGR
PROCESS
 Scotland Act 2012 > some
changes:
 e.g. Joint Exchequer Committee
– ongoing role?
 Continuity of JMCs
 Enhanced role for BIC unlikely
 Multi-lateral approach to
constitutional reform?
 Prevalence of bilateralism more
likely
DYNAMICS
 Depends on result:
 strong YES vote > enhanced influence
 weak YES vote > lost leverage
 Depends on campaign conduct
 lasting impact on trust and interpersonal relationships?
 Depends on response:
 Prevalence of goodwill and mutual
respect?
 Scotland off radar?
 Effects of continued austerity