Week 6 2 lectures NB Catherine Dishington 11 - PowerPoint PPT Presentation

1 / 54
About This Presentation
Title:

Week 6 2 lectures NB Catherine Dishington 11

Description:

... did not change anything; there is a commitment in the concordat between the ... STUC has concordat on economic development, public services but negotiates on ... – PowerPoint PPT presentation

Number of Views:31
Avg rating:3.0/5.0
Slides: 55
Provided by: socials1
Category:

less

Transcript and Presenter's Notes

Title: Week 6 2 lectures NB Catherine Dishington 11


1
Week 6 (2 lectures)NB Catherine Dishington _at_11
  • Scottish Executive, Scottish Government and
    Devolved Policy

2
Links to other seminars
  • New politics v executive at centre
  • Executive- legislative relations
  • Scottish Political System is there one now?
  • The scope for convergence/ divergence
  • finance arrangements
  • interest groups where do they lobby?

3
Plan for 2 lectures
  • Discussion of Scottish Executive ministers and
    Scottish Executive civil service
  • Outline of devolved responsibilities
  • Blurred reserved/ devolved boundaries and MLG
  • Case study of consultation documents
  • Where do groups lobby?
  • How do the executives address these issues?
  • UK power by default or Scottish autonomy?

4
Ministers in the Scottish Executive
  • Comparison of Scottish and UK executives
  • Cabinet system, but smaller size and scope in
    Scotland
  • Terms of office similar
  • FM needs Scottish Parliament approval in theory
  • Biggest constraint is pool of recruitment
  • Free reign of FM to intervene in policy,
    qualified by strength of centre and type of FM
  • Cabinet government more likely in Scotland?
  • Undermined by lack of enforcement
  • Fewer Cabinet Committees
  • Appointment from Lords

5
Coalition government
  • Coalition reflects strength of parties
  • LDs select and veto their own members
  • Relative LD success in 1999 now reinforced in
    2003?
  • Most Lab and LD policies coincide?
  • LD successes watered down and at expense of
    selling Labour policy?
  • LDs more prepared for coalition key was formal
    partnership agreement

6
Ministers without ministries
  • Fosters joined-up government or muddle?
  • Divisions base on historical legacy
  • Minister for everything undermines argument
    that the system is there for joined up policy
    rather than political patronage
  • Example of Enterprise and LLL. Still strong
    functional basis for activity and UK vertical
    links.
  • Example of SQA

7
The Civil Service - summary
  • Stumbling block to change?
  • Neglected area of SCC study
  • Legacy of attitude to and functions of Scottish
    Office
  • Civil service ill equipped for new role
    information overload and low policy capacity
  • UK influence?

8
The civil service constrains divergence?
  • maintenance of the unified Home Civil Service
    .. was one of the checks and balances of the
    devolution settlement, designed to prevent any
    drift towards conflict and isolation
    Intergovernmental relations with officials have
    rested not on legal status but on a mutual trust
    and a recognition of a common approach that of
    a professional, non-partisan service engaging
    with the political priorities of their ministers.

9
Role of civil service
  • Tempting to see its role as
  • as a break on innovation and an obstacle to
    reform pretty untouched by the change in
    constitutional arrangements and political style
    ushered in by the advent of a democratically
    elected Scottish Parliament
  • This view has been openly articulated by former
    Ministers ... and echoed by academic and
    independent commentators.

10
Basis for viewing the civil service in this
light (1) The UK caricature
  • (a) there is a general tendency to see the civil
    service in a certain light based on UK
    experience and
  • (b) this informs a sort of face value assessment
    of Scottish civil service inertia

11
However
  • Since 1979 the UK literature has stressed a
    challenge to this role - including attempts to
    reduce CS numbers under Thatcher and Blair, the
    personalisation of promotion, efficiency
    scrutinies, Financial Management Initiative, Next
    Steps, delayering, and the greater use of
    advisers

12
Alternative picture just as likely
  • (a) senior civil servants more engaged with
    managerial rather than policy work (b)
    delayering which allows ministerial contact with
    relatively low grades of civil servants engaged
    in specialist policy work and (c) an increased
    role for outside policy advice.
  • In other words, it is difficult to paint this
    picture in Scotland on the old UK basis

13
(2) New politics ignorance of the executive left
much civil service discretion and a continued
Whitehall/ centralising influence.
  • Pyper outlines lack of e.g. CSG attention to the
    civil service
  • This left detailed design to the civil service
    itself (organisational rather than policy)
  • The result was an inherited civil service facing
    a new, dynamic Scottish Parliament and devolved
    Scottish Executive

14
This point highlights theme of inherited v
dynamic elements
  • Senior civil service appointments
  • Discretion over public sector pay
  • Limits on size/ role of special advisors
  • Inheritance through neglect led to Westminster
    style of accountability?
  • Scottish Parliament frustration down to
    misunderstanding of civil service role

15
(3) The legacy of the Scottish Office
  • Siege mentality in Conservative years an
    exaggeration?
  • Different ways of working
  • Rise of parliamentary scrutiny (point scoring?)
  • Support for larger ministerial team
  • Information overload
  • Need for policy capacity
  • This required a change of style and pace which
    the civil service appeared unable to deliver in
    the first 2 years.

16
Similar Keating discussion
  • The civil service role went from filtering up to
    Whitehall and managing implementation, to policy
    initiation which requires different skills. This
    involves, a whole new game of dealing with
    interest groups, now better organised, more vocal
    and with an outlet in the Parliament.

17
Policy capacity and style
  • A lack of policy capacity meant reliance on
    groups and local authorities. This fosters the
    Scottish Political System relationship (i.e.
    close, coordinated consultation)
  • Old Westminster style in interests of ministers?

18
(4) The Scottish Executive civil service is still
part of a UK-wide unified system
  • 4 aspects
  • culture,
  • background,
  • reserved issues
  • attitude

19
Culture
  • Rhodes et al (2003)
  • No matter how differentiated the UK civil service
    has been, the power of the centre has been
    sustained by transfers. Devolution did not
    change anything there is a commitment in the
    concordat between the Cabinet Office and the
    Scottish administration to promote
    interadministration mobility. A cursory
    examination of the employment history of the
    senior management of the Scottish Executive
    reveals both local knowledge and the pull of
    Whitehall.

20
However
  • Mobility never high and spells in Whitehall were
    short
  • Scottish Office dominated by Scots
  • Interchanges less desirable more access to
    policy work in Scotland secondment to private
    sector better for portfolio?
  • Mixed evidence 4/10 in Rhodes table had
    Whitehall experience, but included 2 Perm Secs
  • In 2004, only 22, but 34 if extend to heads of
    group
  • High external appointment rate in health
    countered by vertical/ professional links?
  • 60 Scottish but 33 English, half of which moved
    from Whitehall

21
Shared background? Ruling class?
  • 65 of heads of group and 44 of senior
    management were educated in Scottish
    universities. However, there is also still a
    significant amount of Oxbridge education
    one-third of senior management and one-quarter of
    heads of group.
  • 3/9 (33) of senior management and 21 of heads
    of group were educated privately.
  • 8/9 of senior management and 80 of heads of
    group were men.

22
Reserved matters
  • Civil service is a reserved area, as is equal
    opportunites
  • The civil service in Scotland may also have a
    practical loyalty towards their respective
    ministers, but an ultimate loyalty to the
    Crown/ Whitehall.

23
Scottish attitude to Whitehall
  • a need felt by senior civil servants in Scotland
    to continue to contribute to a UK policy process
  • Fears of being excluded from the Whitehall club
    of policy formation were a dominant theme in
    office thinking, and indeed the Permanent
    Secretary and other staff made a point of
    travelling to London to occupy visibly the place
    that was left on offer at meetings of their
    Whitehall counterparts.
  • Vehicle for Sewel motions?

24
Devolved Responsibilities and Multi-level
Governance
  • The approach of the Scotland Act 1998 was to
    specify which matters were reserved rather than
    granted.
  • Reserved includes
  • International relations, defence, fiscal/
    monetary policy, immigration, drugs and firearms,
    elections company law, employment, most energy,
    rail and air, social security, professions,
    broadcasting, nuclear safety, abortions .

25
Devolved includes
  • Health
  • Education and training
  • Local government, social work, housing and
    planning
  • Economic development and transport the
    administration of the European Structural Funds
  • The law and home affairs including most civil and
    criminal law and the criminal justice and
    prosecution system police and prisons
  • The environment
  • Agriculture, fisheries and forestry
  • Sport and the arts
  • Research and statistics in relation to devolved
    matters

26

27
Initial uncertainty over boundaries
  • Angus Mackay on Register of Sex Offenders
  • Industry and the Scotland Office
  • 9/11 response

28
Uncertainty reflects blurred boundaries
  • Health
  • Smoking
  • Environment/ agriculture
  • Economic
  • Higher Education
  • Social Work
  • Law and order
  • Housing
  • Care for the elderly
  • Cross-cutting issues
  • Fuel poverty
  • NB foreign affairs i.e. not all one-way
  • Common to most federal systems

29
Intergovernmental relations and the use of
Consultation
  • Huge consultation the Scottish policy style
    (CSG)?
  • NB
  • Numbers misleading
  • UK comparison
  • EU influence

30
Types of Consultation
  • OPEN
  • (1) Call for ideas - "issue paper"
  • (2) Green paper or equivalent - i.e. framework/
    agenda with specific questions (based on
    preliminary consultation with groups)
  • (3) Re-consultation based on previous responses
    or consultation taken after a formal evaluation
    of an existing service annual review (NB
    categories 4-7 will also be based on previous
    consultations)
  • (4) Based on White Paper or equivalent (e.g.
    Partnership Agreement if there is agreement on a
    firm proposal) with firmer statement of intent
    before final formulation stage
  • (5) Consultation on the implementation of policy
    (including broad proposal to revise guidance
    i.e. a revision of policy without legislation or
    particularly formal scrutiny)
  • (6) Draft guidance/ regulations arising from
    Acts (or draft bills for final comments)
  • CLOSED

31
Scottish Executive Consultation Types 1999-2004
32

33
How Do Interest Groups deal with Multi-Level
Governance ?
  • Seeking access in Scotland dependent on ability
    of Scottish Executive to influence?
  • Most groups address MLG by lobbying indirectly
    through the Scottish Executive, maintaining links
    with UK organisations and European networks or
    (in fewer cases) making direct representations
  • Some have a dual focus
  • Others have peripheral interests in Scotland

34
Examples
  • Business rates v other taxation devolved
    business groups heavily involved, big banks less
    so, whisky almost not at all, FTA exceptional
  • Agriculture Europeanised but influence mainly
    through Scottish Executive with e.g. some NFU/
    NFUS links. Different fishing strategies
  • BASW moves with issue

35
Other examples
  • Health BMA and RCN big Scottish delivery/ NHS
    focus. Royal colleges UK focus. All see or
    negotiate effects of WTD.
  • Housing/ homelessness big Scottish focus, with
    awareness of reserved areas
  • Trades Unions slow to devolve because of
    employment law? Unison an exception. STUC has
    concordat on economic development, public
    services but negotiates on discussions of HS

36
How do executives deal with these issues?
  • MLG or blurred/ shifting boundaries common to
    states devolving some responsibilities but
    maintaining central control in others
  • The difference is in how they are dealt with
  • The UK arrangements are informal and between
    executives
  • Barnett, civil service and party/ government
    links help relations
  • 2 narratives on the arrangements

37
Top-down narrative
  • Lack of contact on these issues reflects UK
    ministerial neglect/ disentanglement
  • Scotland unwilling to risk insider position
  • When disputes rise to surface Scotland loses out
  • E.g. AA and FPC
  • Dominance reflected in default use of Sewel
    motions to address legislative problems

38
The Significance of Sewel Motions
  • Live issue see Procedures Inquiry
  • What are Sewel Motions?
  • These are passed by the Scottish Parliament to
    give Westminster the authority to legislate on
    devolved matters
  • Confusion Also used to describe reverse-Sewel
    procedures

39
Definitions
  • Westminster legislation for devolved purposes
    the biggest category
  • Westminster legislation altering legislative
    competence (NB examples of this are thin on the
    ground)
  • Westminster legislation altering executive
    competence or reverse-Sewel
  • Given that all of these examples are lumped
    together, one may argue that Sewel motions cede
    responsibility back to the UK and that they give
    more powers to Scotland!
  • NB evolution of process/ Incidental issues

40
TYPES OF SEWEL MOTION(1) Policy Uniformity,
Convenience or Expediency (3)
  • Scottish Executive adopts same policy for
    pragmatic reasons
  • Quick resolution without precluding Scottish
    Parliament legislation in future
  • Anti-terrorism opt-outs with corruption law,
    racial hatred, face coverings
  • Representation of People extends postal ballots
    to local authorities to avoid anomaly
  • Sexual Offences political cowardice? NB
    Parliament Act

41
(2) Entangled Responsibilities (19)
  • Largest category, common to federal/ devolved
    systems
  • Crime the most common policy area
  • International Criminal Court demonstrates
    perceived need to take no chances with loopholes
    and status of Scottish Parliament legislation
  • Other examples when devolved - e.g. civil and
    criminal law, powers of arrest, crime prevention
    meets reserved e.g. drug trafficking, money
    laundering and taxation, extradition, customs and
    excise.
  • Blurred boundaries apparent in other areas
    marine safety reserved, definitions of a marine
    craft devolved regulation of business
    associations reserved, limited liability
    partnerships devolved emergency services
    devolved, the pension rights of emergency workers
    operating abroad reserved, etc.

42
(3) Motions which Cover UK Regulatory Bodies or
Minor Administrative Matters
  • Covers UK-wide agencies (with a Scottish arm)
    operating in devolved areas
  • E.g. FSA, FSA, CRE
  • Also minor administrative
  • E.g. Police secondment to tribunal
  • Transfer of DSS functions to local authorities in
    community care (NB expediency)

43
(4) Motions which Provide for the Devolution of
Powers in the Future (9)
  • Reverse-Sewel?
  • Giving Scottish ministers rights to produce
    subordinate legislation on approval schemes for
    electronic signatures for business, the
    introduction of new regulatory bodies for health
    professionals, extending prescribing rights to
    professions such as pharmacists and
    physiotherapists, implementing the EUs landfill
    directive, and the employment rights of local
    authority employees.

44
Page and Batey (2002)
  • Why such a strong pull towards uniformity? If
    Scottish position does not seem distinctive, UK
    departments will offer policy to Scottish
    ministers. But why would they accept?

45
Why would ministers accept?
  • Electoral expectations and lagging behind e.g.
    Payne/ Kilshaw (the exceptions?)
  • A reliance on UK bodies to ensure regulatory
    uniformity
  • To prevent regulatory arbitrage and close
    loopholes in the law
  • To comply with EU/ international obligations such
    as the ECHR (although this can be done in
    Scotland)
  • The importance of party links and Labour
    ministers natural inclination to seek or
    accept uniformity

46
However, such uniformity can be achieved in
Scotland. So why rely on UK?
  • Blurred boundaries
  • Scottish legislation open to challenge
  • Expediency
  • To avoid disrupting legislative timetable
  • Administrative convenience (although NB change)
  • Political cowardice age of consent for gay sex?
    Civil partnerships?

47
Sewel Motions Issues and Debates
  • (1) It was originally envisaged that this
    procedure would be exceptional
  • (2) There are about as many Sewel motions as Acts
    of Parliament.
  • (3) The levels of (particularly SNP) opposition
    to Sewel motions principle versus substance.
  • (4) The motions considered are small and
    innocuous?
  • (5) The lack of scrutiny undermines new politics?

48
Issues and Debates
  • (6) The significance of reverse-Sewel motions
  • (7) That the process should link parliament to
    parliament, not executive to government.
  • (8) Scrutiny reserve?
  • (9) What is the effect of Sewel Motions do they
    hand back power to Westminster or retain some
    level of Scottish control?
  • (10) What ought to happen if a Westminster bill
    is amended in such a way that it goes beyond the
    consent that was originally given in the Sewel
    motion?
  • (11) Who initiates the motions?
  • (12) The timing of the Sewel motion

49
The bottom up narrative
  • MLG is also an opportunity for informal influence
  • Finance arrangements are conducive to autonomy
  • Importance of UK power exaggerated by focussing
    on a few conflicts
  • FPC money given up, but much more received for
    housing

50
continued
  • Reverse Sewel continues the old Scottish Office
    process of executive devolution
  • Many other Sewel motions are innocuous
  • MLG is as much an opportunity as a constraint
  • Eg the exec can exert informal influence in
    Europe directly and through the UK

51
Europe Mixed picture
  • Strong bargaining position, own office in
    Brussels
  • Involvement still decided by centre and examples
    of success limited
  • Irony of formal participation
  • Informal process (MLG)

52
Bottom-up narrative continued
  • Remember the Scottish Political System argument
  • Policy decisions can be framed or reframed as
    humdrum or experiments (before devolution) or as
    devolved areas
  • Clearest example is smoking
  • Now the Scottish Executive is considering
    corporate manslaughter

53
Combining narratives
  • Sewel motions serve both executives
  • Ability of Scottish Executive to go its own way
    constrained by need for approval or acquiescence
    (as with health safety)
  • Contingent nature of power / autonomy means case
    study approach
  • Nuclear power use of devolution or executive
    devolution?
  • Asylum and airguns informal influence?
  • Malawi UK context?

54
Central-local relations
  • More in week 7 and 8
  • Smaller scale, more personal relations
  • Relations with the Scottish Office and local
    authorities did not deteriorate as much as in
    England despite poll tax, rate capping, CCT, etc.
  • Why is the relationship under strain now?
Write a Comment
User Comments (0)
About PowerShow.com