Week 2'1 Was there a Scottish Political System before devolution

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Week 2.1 Was there a Scottish Political System
before devolution?
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Advantages of Scottish Political System discussion

• Addresses Year Zero tendency
• Challenges homogeneity thesis
• Some factors still apply (e.g. treasury
  influence)
• Relevant to convergence/ divergence discussions
  different legislation may not mean divergence
  (since the difference was already there)
• New policy style identified before devolution
• Ties in with other discussions on the role of the
  centre implementation, governance/ hollowing,
  policy networks

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Differing Conceptions

• Literature stressing autonomy
• Kellas (1989) Paterson (1994), Brown et al
  (1996)
• Literature questioning autonomy
• Mitchell (2003), Keating (2005), Midwinter et al
  (1991), Moore and Booth (1989), Rose (1982)
• But how different are the approaches?

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Kellas Scottish Political System 5 main parts

• The outline of the components of a Scottish
  Political System.
• The attempt to define the Scottish Political
  System or at least fit it onto existing
  conceptions of political systems. This includes
  a discussion of the difficulties in viewing
  Britain as a nation state.
• The argument that differing policy circumstances
  require different policy responses.
• The Scottish Policy Style
• Qualifications and clarifications.

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(1) Components

• Means to articulate/ aggregate interests
  Scottish MPs, Scottish groups, Scottish media
• Organisation to respond to interests Scottish
  Office
• Institutions to execute/ implement decisions in
  Scotland Scottish public service Scottish
  legal system

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Why do things differently?

• Kellas points to the factors we discussed in week
  1 i.e. the Legacy of union (religion,
  education, law) and the growth of Scottish Office
• The separate legal system as the strongest clue

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Aspects of the legal system

• Scottish legislation in Westminster is
  time-consuming so dealt with by Scottish Grant
  Committee
• Some laws exclusive to Scotland (i.e. public/
  private distinction)
• Scottish courts have jurisdiction (bar House of
  Lords in final civil appeal)
• Scottish legal profession has its own
  qualifications, traditions and elite recruitment.
  So legislation may converge, but treatment still
  differs.

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(2) Defining the Scottish Political System

• Fits in with (then) current definitions, such as
• the authoritative allocation of values in a
  society (Easton) ) - met by the different
  content of Scots Law, religion, education, and
  much else in Scottish life)
• 2. a collection of recognizable units, which are
  characterized by cohesion and covariance
  (Deutsch) Scotland is more likely candidate for
  cohesion since more see themselves as Scottish
  over British and there is a greater history of
  common action (e.g. warfare with England)

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(3) Different Policy Conditions Require Different
Policy

• NB importance of perception i.e. of Scots
  thinking of themselves as different
• History of common action
• Religion different and more significant. Legacy
  of democracy in Presbyterianism? Catholic
  education provision social attitudes to moral
  issues.
• Education broader curriculum, 4 year degree,
  equality of opportunity, higher participation
• Mass communication
• Sport

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Other factors (with uncertain significance)

• Eating and drinking habits affects licensing
  laws and health care
• Lower population density affects local
  government size and provision
• Emigration/ migration
• Gaelic/ distinct accent
• Employment in agriculture, manufacturing,
  declining industries more unemployment, greater
  need for FDI
• Significance of oil
• A larger proportion of Scots considering
  themselves to be working class.
• Stronger trade union affiliation.
• A larger social rented sector in housing.

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A similar discussion can be found in Hutchison
(1996)

• Heavy Scottish demand for state employment since
  a larger public sector is required to administer
  Scottish needs (dependency on the state?).
• Greater reliance on the manufacturing based
  nationalised industries i.e. coal, steel, iron,
  transport.
• A greater importance of agriculture, fishing and
  forestry to the economy and Scotlands
  contribution to the UK output
• Greater proportion in state education (with much
  private education in Scotland for expatriates)
• Higher unemployment rates and lower income per
  capita (meaning more reliance on social security
  and the NHS)
• Higher public expenditure in Scotland, even
  taking a needs assessment into account (legacy of
  Goschen formula?)

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(4) The Scottish Policy Style Social Work as
Case Study

• Social Work Act 1968 is a good (only?) example of
  policy divergence (despite salient nature) e.g.
  probation subsumed within social work. How was
  it achieved?
• Scottish Office more comprehensive, with one
  minister covering the range of issues involved.
• Closer contact with affected interests.
• Framed as experiment/ pilot project.

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(5) Qualifications to the Argument (more on web)

• System applies most to law reform, education,
  local government
• In other areas autonomy ensured through
  discretion/ implementation
• Or the allocation of British values is acceptable
• Scots are well aware that ultimate executive
  power resides in Cabinet
• Scottish process only different if hidden from
  view
• Limited power over economy which is geared
  towards SE England. Barnett allows some autonomy
• Most legislation considered by Grand Committee is
  innocuous

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Summary of the Scottish Political System argument
(Best case?)

• Context of homogeneity thesis
• Legacy of union state as focus for Scottish
  interests
• Scottish Office introduction and precedent set
• Scottish Political System as qualified autonomy,
  dependent on a range of conditions

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Conditions

• The policy area autonomy is most likely in the
  policy areas left distinct following the union
  (i.e. education, law reform, local government).
• Levels of central government attention and
  potential for embarrassment that is, much
  depends on the ability of Scottish actors to
  frame issues as technical or humdrum while
  minimising the appearance of policy divergence.
  Success ensures limited Whitehall attention and
  hence some level of day-to-day autonomy. Much of
  this success depends on the role of the Scottish
  Office as a conduit for Scottish interests or
  its ability to cover a wide range of functions
  with a relatively small number of actors.
• The discretion involved in implementing policy.
• The Barnett formula and the ability to direct
  spending priorities.

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Turning conditions around

• Autonomy is restricted to a small number of
  areas.
• The Secretary of State for Scotland effectively
  needs permission to initiate policy and this is
  rarely granted.
• Discretion is always apparent in implementation
  anyway
• The role of the Treasury restricts the
  redirection of spending.

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Bulpitt Territory and Power

• Distinction between centre and periphery
• Distinction between high and low politics
• High politics in modern era foreign affairs,
  economy, security, law order
• If the centre wants a quite life it does not pay
  much attention to low politics, leaving this to
  the periphery
• In these circumstances it is a mistake to equate
  potential power with actual power

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Bulpitts hypothesis in action

• 1920 (i.e. after Irish settlement) to 1961 saw a
  return to normalcy
• UK preoccupation with its position in the world.
  No time/ inclination for low politics
• Qualified/ conditional autonomy
• Dont get carried away this is neglect of the
  periphery, with economic policy geared towards
  finance capital in the city

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1960s onwards

• Britain's declining status in the world and
  economic decline
• Greater attention to domestic affairs in part to
  control public expenditure (also related to
  technocratic belief in modernisation)
• Earlier neglect of periphery meant that centre
  did not anticipate antipathy in periphery to e.g.
  local government reform
• Series of reforms by mid 70s shows conditional
  nature of periphery autonomy
• Health policy in Thatcher era good example

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Paterson The Autonomy of Modern Scotland

• High level of autonomy compared to small
  independent states
• I.e. Scotland could only expect so much within
  global context
• Autonomy apparent in some areas (e.g. education)
  but not others (e.g. defence)
• Discussion from 18th to 20th century depends on
  reinterpretation of value of Scottish decisions

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18th century

• The union was a good deal for Scotland.
  Parliament less symbolic than in England.
  Religious organisation crucial.
• British route seen as progressive (like Europe
  now?)
• Anglicisation only accepted on Scottish terms
  (e.g. Court of Session numbers of judges
  maintained, jury system welcomed. NB despotic
  French)

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19th century

• Unionist nationalism - the union is beneficial
  and based on previous victories when faced with
  takeover.
• Lack of Westminster interference unless invited
• Informal Scottish MP system outside Westminster
• Autonomy of Scottish boards consulting with local
  interests
• Disharmony more likely within Scotland e.g. on
  class or party lines

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20th century

• Continuation of accepted assimilation through
  rise of technocracy (rule by experts)
• Nationalism defined as acting in nations
  interest (through assimilation) as well as Tory
  nationalism
• Welfare state entered private arena, but (a)
  promoted by Scottish middle classes (b) the
  doctors, social workers and unemployment benefit
  offices are best thought of as part of the local
  state, not the centre

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Importance of implementation

• While Scotland did not have its own legislation,
  it had its own welfare state bureaucracy.
• the autonomy and distinctiveness of any country
  rested more on the way that its bureaucracy
  interpreted legislation than on the legislation
  itself
• Lack of divergence not through forced
  assimilation but lack of demand for difference

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So, when necessary, and when the Scottish
Secretary could

• construct a Scottish consensus on social
  policy, he could get his way, provided that the
  direction he was pursuing did not deviate too far
  from government policy in London. As a result,
  the real power in Scottish politics came to lie
  with the Scottish Office bureaucrats, because it
  was by means of their committees and networks
  that the Scottish Secretary could sound out and
  mould Scottish opinion (1994 109).

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Importance of civil society

• Scottish Office as focal point. Civil Society
  pressures used in Whitehall negotiations
• Professional business links to Whitehall through
  sponsored quangos
• STUC strategy

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Autonomy in 2 ways

• Up to 1979 (bar Heath period), Scotland got the
  government it voted for
• Main parties in agreement on broad principles and
  legislation (i.e. legislation in Scottish
  interests despite ultimate authority in UK)
• Political debate surrounding the best means to
  implement

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Examples

• Education, which has the most autonomy and a
  distinct policy network. Measures taken outside
  Scotland could be seen in this light
  comprehensive schooling was in Scottish
  professional interests, while the more
  threatening vocational training measures were
  successfully resisted (and one of many which
  prompted the Thatcher government to change its
  attitude to Scotland).
• Housing, in which technical decisions were made
  in Scotland to account for different policy
  circumstances.
• A distinct Scottish social ethic in social work
  and juvenile justice.
• Differences in health policy, reflecting e.g. the
  greater importance of teaching hospitals and
  rural conditions.
• In other areas, such as social security, most
  economic decisions, the nationalised industries,
  centralisation was not questioned since attitudes
  to these issues were similar and there were
  benefits to the economy of scale.

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Critics of the notion of a Scottish Political
System

• Moore and Booth
• If the term system is to have any meaning in
  political science it must relate to a distinctive
  sovereign and autonomous set of political
  institutions governing within defined territorial
  boundaries, which clearly Scotland does not
  have.

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Rose

• The Scottish Political System as a subsystem
  under the unitary state
• It remains a unitary state as long as the power
  to delegate or revoke delegated power remains in
  the hands of the central authority the central
  authority determines the policies for which
  subordinate units are responsible, and it also
  determines the size and boundaries of these
  units. The central authority may even abolish a
  subordinate jurisdiction. Responsibilities for
  carrying out public policy are divided among a
  multiplicity of institutions, but authority is
  undivided in a unitary state

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Killer blow?

• Yes there is a higher authority, but delegation
  is accompanied by neglect
• Potential power/ exercise distinction
• Britain/ EU analogy

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Midwinter, Keating, Mitchell (1991)

• Ultimate authority elsewhere
• Spectrum of autonomy according to policy area
• considerable autonomy in some areas (e.g.
  education)
• In others it maximises its impact by contributing
  to UK policy
• Is argument that much different?
• They argue (a) similarity because Kellas
  imprecise and often argues against own thesis
  (b) Kellas does not recognise dual nature of
  Scottish Office (not only to represent Scottish
  interests but also as arm of central government)

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Midwinter, Keating, Mitchell (1991)

• Responsibilities - Agriculture, Fisheries
  Environment Education and Industry Home Affairs
  ( Scottish Courts Administration) Local
  government, Housing, Planning Transport and
  Health
• Does not equate with powers. Scottish Office not
  designed to be a policy initiating body. Does
  not do this outwith Whitehall control

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Policy divergence discouraged

• Sits uneasily with (appearance of) Collective
  Cabinet Responsibility
• Autonomy only when no overlap (i.e. not often)
• Most Civil Service working in Scotland not in
  Scottish Office (but most senior)
• Scope for difference only if allowed and if
  minister is inclined
• Scope for difference where policy is technical
  but in these cases there may be professional
  dominance of the issue on GB basis

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Scottish Office influence

• Scottish Office as Britains largest pressure
  group
• Scottish Office position strong if interests
  united behind it
• Lobbying most effective if discreet
• So history of close consultation and consensus
  building in Scotland with minimum adverse
  publicity
• Trade off between access and push for autonomy

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Scottish Office policy initiation

• Not just lobbying. Also participation in
  formulation
• Sometimes takes lead (especially when equal
  weight e.g. fisheries)
• But Whitehall departments have more staff and
  more senior staff
• Policy tends to be left to those with expertise
  and seniority
• So Scottish Office feeds up to Whitehall in
  formulation and has some discretion in
  implementation

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Critique of Paterson/ Kellas (1)

• Implementation not restricted to Scotland (NB
  Bulpitts periphery includes local government)
• Exaggerates lack of central control
• Why assume discretion at Scottish level? E.g.
  Local authorities had discretion and often acted
  against Scottish Office
• E.g. see Hutchison pre-war coordination of
  hospital services, modernisation of housing
  stock, SSHA, new towns
• Scottish Office response was address local
  authority parochialism (in its eyes) and
  reorganise into larger authorities for a broader
  view
• Irony greater resources, more effective
  challenge (e.g. water, Brussels)
• Hutchison Q Should there be a Scottish
  Political System? Local authority opposition to
  address worries of concentration of power in
  Scottish Office?

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(2) Governing party

• The role of the centre or parliamentary
  sovereignty was particularly important (and the
  Scottish Political System less visible) when the
  governing party had a minority in Scotland.
• Ties in with imposition of Thatcherism, despite
  wets in Scotland
• Examples local government reform/ finance (e.g.
  poll tax), bus deregulation, council house sales,
  regional aid reform, industry closure, school
  board reform, HE cuts

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How was Thatcherism dealt with?

• Kellas some victories Ravenscraig, Scottish
  Office sponsored regional aid, maintenance of
  Barnett.
• Brown et al implementation delays to housing,
  modified education reform, resistance to water
  privatisation, but still
• a growing gulf between policy preferences
  decided by a Westminster majority and those which
  gain public support in Scotland

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(3) Treasury control

• It ignores the tight financial control exerted
  by the Treasury within the UK system of
  government
• Still relevant following devolution

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And finally

• Autonomy only possible when Whitehall convinced
  that divergence is insignificant.
• Again, continuing relevance - the need to ensure
  some degree of uniformity to avoid political
  embarrassment is still a factor cited in the
  convergence/ divergence literature
• But how important is it? Compare to clear red
  water in Wales.
• Do ministers also have to make their mark and
  pursue divergent policies?