After the Referendum Inter-governmental relations in the UK in the event of a NO vote

1
After the ReferendumInter-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

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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
  decision-making (Agranoff, 2004 26)

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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

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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

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IGR in the UK - IPROCESSES

• Formal machinery of IGR
• Joint Minister Committee plenary and domestic
• British-Irish Council
• BUT - emphasis on informality concordats,
  Memorandum of Understanding gt low level of
  institutionalisation
• Central co-ordination role of civil service as
  oil and glue
• Comparative low level of judicialization in UK
  politics gt minimal role for the courts
• Lack of intra-government centralisation of IGR,
  inc. through territorial offices of state

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IGR in the UK IIDYNAMICS

• Constitutional asymmetries across the UK gt
• 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

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Proposals for Changes to IGR ILib 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

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Proposals for Changes to IGR IILabour 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

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Prospects for Post Referendum IGR

• PROCESS

• DYNAMICS

• Scotland Act 2012 gt 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

• Depends on result
• strong YES vote gt enhanced influence
• weak YES vote gt lost leverage
• Depends on campaign conduct
• lasting impact on trust and inter-personal
  relationships?
• Depends on response
• Prevalence of goodwill and mutual respect?
• Scotland off radar?
• Effects of continued austerity