Intergovernmental Intergovernmental strategies for the strategies for the UK Government: UK Government: views from the views from the

centrecentrePresentation for ESRC seminar on Presentation for ESRC seminar on

Incongruence and Incongruence and Intergovernmental Relations, Intergovernmental Relations,

London, September 2010London, September 2010

Alan Trench Alan Trench (University of Edinburgh and the (University of Edinburgh and the Constitution Unit, UCL; Author, Constitution Unit, UCL; Author,

‘Devolution Matters’ blog)‘Devolution Matters’ blog)

Devolution and Devolution and intergovernmental relations intergovernmental relations Evidence clear that little thought was given when devolution Evidence clear that little thought was given when devolution

was being framed in 1996-8 of its impact on UK as a whole – was being framed in 1996-8 of its impact on UK as a whole – hence limited and late attention to such issues as ‘the English hence limited and late attention to such issues as ‘the English question’ incl West Lothian question, devolution finance, and question’ incl West Lothian question, devolution finance, and arrangements for intergovt co-ordination arrangements for intergovt co-ordination

This rested on a misunderstanding of what devolution was This rested on a misunderstanding of what devolution was about – ‘dual devolution’ and interdependent devolution (cf J about – ‘dual devolution’ and interdependent devolution (cf J Mitchell’s work) Mitchell’s work)

Once in place, the centre treated devolution as an event not a Once in place, the centre treated devolution as an event not a process process

Therefore not surprising that UK Govt had no clear ‘strategy’ Therefore not surprising that UK Govt had no clear ‘strategy’ for management of intergovt relations either – and the easy for management of intergovt relations either – and the easy conditions in which it functioned between 1999 and 2007 conditions in which it functioned between 1999 and 2007 meant it was under little pressure to put one in placemeant it was under little pressure to put one in place

That changed after 2007: the UK level has been under greater That changed after 2007: the UK level has been under greater pressure to have some sort of strategy, even if that has not pressure to have some sort of strategy, even if that has not been fully thought through or consistently implemented. been fully thought through or consistently implemented.

Possible territorial Possible territorial strategies for the UK strategies for the UK

Government Government In principle, 4 general strategies are open to the In principle, 4 general strategies are open to the

central state for managing the territorial politics of central state for managing the territorial politics of the devolved UK: the devolved UK:

1.1. An An all-UK electoral all-UK electoral strategy, emphasising the strategy, emphasising the presence of the governing party in each electoral presence of the governing party in each electoral arena and relying on party linkages and interest to arena and relying on party linkages and interest to ensure policy co-ordination. This emphasises direct ensure policy co-ordination. This emphasises direct appeal to voters to legitimise actions at the centre, appeal to voters to legitimise actions at the centre, with an assumption of UK-level hierarchical with an assumption of UK-level hierarchical superioritysuperiority

2.2. An ‘An ‘interparliamentaryinterparliamentary’ strategy, emphasising the ’ strategy, emphasising the role of elected legislatures and links between them role of elected legislatures and links between them (at expense of governments). This emphasises the (at expense of governments). This emphasises the democratic element of government – and is democratic element of government – and is weakened by the extent to which executives now weakened by the extent to which executives now dominate the practice of politics. dominate the practice of politics.

Possible territorial Possible territorial strategies cont’dstrategies cont’d

3.3. An ‘An ‘intergovernmentalintergovernmental’ strategy: emphasise ’ strategy: emphasise role of governments dealing with each other, role of governments dealing with each other, and use their pragmatism to secure and use their pragmatism to secure agreement when necessary. Means only one agreement when necessary. Means only one institution needs to deal with another tier of institution needs to deal with another tier of govt – simplifies institutional relationships govt – simplifies institutional relationships

4.4. A ‘A ‘disengagementdisengagement’ strategy: distinguish as ’ strategy: distinguish as clearly as possible between devolved and clearly as possible between devolved and non-devolved matters, allow a high degree non-devolved matters, allow a high degree of autonomy for devolved ones, and of autonomy for devolved ones, and minimise spill-overs. Aspires to replicate minimise spill-overs. Aspires to replicate classic ‘dual federalism’. If successful, classic ‘dual federalism’. If successful, creates a high degree of political insulation creates a high degree of political insulation for UK from devolved policies, if not vice for UK from devolved policies, if not vice versa. versa.

The relationship of these The relationship of these strategies strategies

The four strategies mapped out above aren’t The four strategies mapped out above aren’t exclusive of each other. In particular, 1 and 2 exclusive of each other. In particular, 1 and 2 can be quite readily combined, and 3 and 4 can can be quite readily combined, and 3 and 4 can be combined. In other words, approaches that be combined. In other words, approaches that emphasise ‘integrated democracy’ are mutually emphasise ‘integrated democracy’ are mutually consistent, and those that emphasise ‘separated consistent, and those that emphasise ‘separated governments’ are mutually consistent – but governments’ are mutually consistent – but other combinations are neither consistent nor other combinations are neither consistent nor (probably) workable. (probably) workable.

1 or 2 need institutions at the centre to articulate 1 or 2 need institutions at the centre to articulate the interests of particular territories (cf the interests of particular territories (cf Bundesrat in Germany or Ständerat in Bundesrat in Germany or Ständerat in Switzerland) Switzerland)

And 3 and 4 need a willingness to use And 3 and 4 need a willingness to use intergovernmental machinery, reshape both intergovernmental machinery, reshape both legal and administrative structures, or both legal and administrative structures, or both

Other strategic issues for Other strategic issues for the centrethe centre Should the UK level try to put all the devolved Should the UK level try to put all the devolved

territories in, as much as possible, the same position, territories in, as much as possible, the same position, and treat them in the same way – or should it treat and treat them in the same way – or should it treat each of them individually in an ad hoc, bilateral way? each of them individually in an ad hoc, bilateral way?

This could bring a degree of consistency to government, and This could bring a degree of consistency to government, and individual citizens’ rights, across the UK individual citizens’ rights, across the UK

Logically, could be accompanied by seeking to distinguish Logically, could be accompanied by seeking to distinguish the government of England from the government of the UK the government of England from the government of the UK as a whole as a whole

What is the remaining role of the UK and of What is the remaining role of the UK and of ‘Britishness’? What is the UK ‘Britishness’? What is the UK for,for, after devolution? after devolution?

Rhetorical/symbolic Britishness – ‘British values’, ‘last night Rhetorical/symbolic Britishness – ‘British values’, ‘last night of the Proms’ etc of the Proms’ etc

Or something tangible and practical (like the NHS: universal Or something tangible and practical (like the NHS: universal right to free health care regardless of means free at the point right to free health care regardless of means free at the point of use) of use)

Or is UK level happy to rely on habit and inertia? Or is UK level happy to rely on habit and inertia? Key point: these issues are linked, or should be Key point: these issues are linked, or should be

treated as linked. treated as linked.

Applying territorial Applying territorial strategies: what Labour did, strategies: what Labour did,

1999-2007 1999-2007 Expectation of high degree of interpenetration and Expectation of high degree of interpenetration and interaction (Dewar’s ideas for UK Cabinet interaction (Dewar’s ideas for UK Cabinet Cttees/JMC) Cttees/JMC)

Memorandum of Understanding Memorandum of Understanding deliberately terse deliberately terse – left things to be worked out in practice, and – left things to be worked out in practice, and relied on territorial Secretaries of State as relied on territorial Secretaries of State as mediators mediators

Process of drafting bilateral concordats more Process of drafting bilateral concordats more important than their practical application important than their practical application

In practice In practice Informal conduct of relations Informal conduct of relations Reliance on ‘goodwill’ Reliance on ‘goodwill’ Dealing with disagreements behind closed doors, and Dealing with disagreements behind closed doors, and

in knowledge there would be a solution in knowledge there would be a solution ‘‘Conditional autonomy’ Conditional autonomy’

Understanding what Blair’s Understanding what Blair’s Labour didLabour did

Little attempt to disentangle functions, at least Little attempt to disentangle functions, at least constitutionally or formally (though some additional constitutionally or formally (though some additional functions devolved – student support in Wales, rail functions devolved – student support in Wales, rail transport in Scotland & Wales) transport in Scotland & Wales)

No reform of financial arrangements, whether fiscally, No reform of financial arrangements, whether fiscally, struc-turally or institutionally struc-turally or institutionally

Disuse of formal JMC mechanisms – little Disuse of formal JMC mechanisms – little intergovernmen-talism intergovernmen-talism Extensive executive linkages, but mainly bilateral and at Extensive executive linkages, but mainly bilateral and at

‘working’ official level‘working’ official level Limited interparliamentary links, and impetus for those Limited interparliamentary links, and impetus for those

came from Westminster – not Whitehall, Millbank or came from Westminster – not Whitehall, Millbank or devolved legislatures (and mostly relating to Wales) devolved legislatures (and mostly relating to Wales)

But strong role for internal party debates – vivid e.g. of But strong role for internal party debates – vivid e.g. of that in responses to Richard Commission (that in responses to Richard Commission (Better Better Governance for WalesGovernance for Wales: title of both internal party : title of both internal party paper of Sept 04 as well as white paper of June 05)paper of Sept 04 as well as white paper of June 05)

Understanding what Blair’s Understanding what Blair’s Labour did IILabour did II

Heavily bilateral, and made a virtue of that. Heavily bilateral, and made a virtue of that. Occasionally accompanied by rhetoric about Occasionally accompanied by rhetoric about ‘Britishness’ but with negligible substantive content ‘Britishness’ but with negligible substantive content Failure to act on the NHS a good example Failure to act on the NHS a good example

Therefore best understood as a version of the ‘all UK Therefore best understood as a version of the ‘all UK electoral’ strategy – electorally, Wales and Scotland electoral’ strategy – electorally, Wales and Scotland were Labour heartlands, and it did well in much of were Labour heartlands, and it did well in much of England too England too

But all this was unconscious rather than deliberate or But all this was unconscious rather than deliberate or strategic strategic

Bilateralism, in particular, was a surprising choice for Bilateralism, in particular, was a surprising choice for a social democratic government, and is one left-of-a social democratic government, and is one left-of-centre govts elsewhere tend to eschewcentre govts elsewhere tend to eschew Shows greater concern with ‘not rocking the boat’ and Shows greater concern with ‘not rocking the boat’ and

existing electoral tactics rather than an understanding of the existing electoral tactics rather than an understanding of the implications of constitutional change or an attempt to take implications of constitutional change or an attempt to take more strategic view more strategic view

What Brown’s Labour did, What Brown’s Labour did, 2007-102007-10 Four-way change in 2007 – not just SNP govt in Four-way change in 2007 – not just SNP govt in

Scot-land and Labour-PC coalition in Wales, but Scot-land and Labour-PC coalition in Wales, but also Gordon Brown as PM and change of Cabinet also Gordon Brown as PM and change of Cabinet personnel and restoration of devolved govt in N personnel and restoration of devolved govt in N Ireland Ireland

Launch of constitutional debates in Scotland & Launch of constitutional debates in Scotland & Wales: National Conversation, All Wales Wales: National Conversation, All Wales Convention Convention

Calman Commission started as Scottish Labour Calman Commission started as Scottish Labour initiative, gained support from Unionist parties & initiative, gained support from Unionist parties & through Parliament – but could only get through Parliament – but could only get underway once UK Govt gave consent underway once UK Govt gave consent

Slow revival of JMC framework and extension Slow revival of JMC framework and extension into substantive policy areas through JMC into substantive policy areas through JMC (Domestic) (Domestic) Impetus for JMC (D), at least, from Scotland Impetus for JMC (D), at least, from Scotland Revision of Revision of Memorandum of Understanding Memorandum of Understanding

What Labour did, 2007-10, What Labour did, 2007-10, cont’dcont’d Fortuitous effects of constitutional debates Fortuitous effects of constitutional debates

taking place in separate arena – distanced taking place in separate arena – distanced both from day-to-day intergovt relations and both from day-to-day intergovt relations and ‘ordinary’ policy debates ‘ordinary’ policy debates Minimised intergovt strife arising from Minimised intergovt strife arising from

devolved inabilities to deliver policies devolved inabilities to deliver policies Calman was a partial attempt to use an Calman was a partial attempt to use an

interparlia-mentary strategy (led by interparlia-mentary strategy (led by Holyrood, involved Westminster) – but this Holyrood, involved Westminster) – but this was a tactical manoeuvre to legitimise was a tactical manoeuvre to legitimise action by one govt despite opposition from action by one govt despite opposition from the other directly affected the other directly affected

It also meant that a wider debate directly It also meant that a wider debate directly involving the general public never involving the general public never happened happened

Understanding Labour Understanding Labour policy, policy, 2007-102007-10 Striking how much of impetus for ‘new Striking how much of impetus for ‘new

approach’ to IGR came from outside London, approach’ to IGR came from outside London, including JMC revival, Scottish & Welsh constit including JMC revival, Scottish & Welsh constit debates. London may have reacted favourably, debates. London may have reacted favourably, but this was reaction not active engagement let but this was reaction not active engagement let alone pre-emption alone pre-emption

Bilateralism (and separate territorial offices in Bilateralism (and separate territorial offices in Whitehall) maintained as part of this Whitehall) maintained as part of this

JMCs used only as a technique of management JMCs used only as a technique of management not for wider strategic purpose not for wider strategic purpose

UK response to wider debates very often a UK response to wider debates very often a defence of status quo with little or no defence of status quo with little or no explanation (Nov 09 white paper explanation (Nov 09 white paper Scotland’s Scotland’s Place in UKPlace in UK and dilution of Calman and dilution of Calman recommendations, response to SCBF or recommendations, response to SCBF or Holtham first report) Holtham first report)

The Conservatives’ The Conservatives’ emergent strategy in emergent strategy in

opposition opposition ‘‘Respect’ agenda: the Sunday newspapers’ initiative Respect’ agenda: the Sunday newspapers’ initiative Coupled with emphasis on the Union (and a rationale Coupled with emphasis on the Union (and a rationale

for having it), and on Britishness (Niall Ferguson) for having it), and on Britishness (Niall Ferguson) The electoral dimension: The electoral dimension:

Attempts to challenge strongly in Scotland – allocation of Attempts to challenge strongly in Scotland – allocation of campaigning resources, campaigning resources,

12+ seats in Wales needed to form UK majority (but more 12+ seats in Wales needed to form UK majority (but more limited campaign resources) limited campaign resources)

UCUNF alliance with UUP in N Ireland UCUNF alliance with UUP in N Ireland Widely considered ill-advised Widely considered ill-advised

If it had worked, a meaningful Conservative electoral If it had worked, a meaningful Conservative electoral presence across UK would have legitimised a forceful presence across UK would have legitimised a forceful role for Westminster (and limited that of devolved role for Westminster (and limited that of devolved govts). Conservatives could have governed from govts). Conservatives could have governed from London, subject to leaving devolved govts in their London, subject to leaving devolved govts in their box: ‘respect’ need not have gone very far box: ‘respect’ need not have gone very far

The Coalition’s approach The Coalition’s approach Election outcome scuppered the all-UK approach – Election outcome scuppered the all-UK approach –

that Conservative strategy clearly failed, with no that Conservative strategy clearly failed, with no new seats in Scotland, none in NI at all, and fewer new seats in Scotland, none in NI at all, and fewer than expected won in Wales than expected won in Wales

Coalition looked to Lib Dems to provide support on Coalition looked to Lib Dems to provide support on Scotland Scotland

Programme for Govt Programme for Govt included several devolution included several devolution pledges, mostly reflecting shared or Conservative pledges, mostly reflecting shared or Conservative policies: policies: Implementation of Calman (C & LD manifestoes) Implementation of Calman (C & LD manifestoes) Referendum on legislative powers in Wales (C & LD) Referendum on legislative powers in Wales (C & LD) Commission on West Lothian question (Con only) Commission on West Lothian question (Con only) Calman-style commission on finance in Wales, in lieu of Calman-style commission on finance in Wales, in lieu of

any substantive response to Holtham (neither) any substantive response to Holtham (neither) Commitment on fossil fuel levy (Lib Dem only) Commitment on fossil fuel levy (Lib Dem only) Commitment on Corporation tax in NI – (Con only – itself Commitment on Corporation tax in NI – (Con only – itself

a concession to UUs) a concession to UUs)

The Coalition’s approach II The Coalition’s approach II Early talk of ‘respect’ coupled with visits etc Early talk of ‘respect’ coupled with visits etc

And plenary JMC meeting, June 2010 And plenary JMC meeting, June 2010 But preserved separate territorial offices for Scotland, Wales & N But preserved separate territorial offices for Scotland, Wales & N

Ireland Ireland Devolved govts have however become sceptical about Devolved govts have however become sceptical about

‘respect’:‘respect’: Cuts: strong resistance, especially from Wales – though too early Cuts: strong resistance, especially from Wales – though too early

to judge impact of spending review to judge impact of spending review Sheltering effect of commitments on health and education spending Sheltering effect of commitments on health and education spending Scotland has had gains (notably the fossil fuel levy), while Wales Scotland has had gains (notably the fossil fuel levy), while Wales

hasn’t hasn’t Timing of AV referendum Timing of AV referendum Timing of Welsh referendum on primary powers Timing of Welsh referendum on primary powers Health quango reform (HPA and FSA) Health quango reform (HPA and FSA)

Clear that WAG has embarked on an intergovt politics of Clear that WAG has embarked on an intergovt politics of hostility and criticism, while Scottish Govt has been much hostility and criticism, while Scottish Govt has been much more guarded and cautious (and emphasised Scottish more guarded and cautious (and emphasised Scottish political arena) political arena)

Dangers for Whitehall of treating JMCs as end in Dangers for Whitehall of treating JMCs as end in themselves not as a policy instrument themselves not as a policy instrument

The Coalition’s approach The Coalition’s approach III III A high degree of insensitivity toward devolution issues from A high degree of insensitivity toward devolution issues from

Whitehall – perhaps explained by a combination of speedy Whitehall – perhaps explained by a combination of speedy action by new govt, and ministerial lack of awareness (cf action by new govt, and ministerial lack of awareness (cf the election manifestoes & their limited devolution literacy) the election manifestoes & their limited devolution literacy)

But again, is there a devolution strategy from Whitehall? But again, is there a devolution strategy from Whitehall? Continued bilateralism Continued bilateralism ‘‘Britishness’ rhetoric emphasising traditional symbols e.g. Armed Britishness’ rhetoric emphasising traditional symbols e.g. Armed

forces forces No evidence of any attempt to disentangle functions, or think what No evidence of any attempt to disentangle functions, or think what

that means that means Greater use of intergovernmental mechanisms; but is that an Greater use of intergovernmental mechanisms; but is that an

embrace or a necessity? embrace or a necessity? Loss of D-G Devolution from new Cabinet Office structureLoss of D-G Devolution from new Cabinet Office structure Conservative promise of ‘Welsh minister’ in every department has Conservative promise of ‘Welsh minister’ in every department has

(unsurprisingly) not been delivered(unsurprisingly) not been delivered Role of UK Parliament: will territorial select committees Role of UK Parliament: will territorial select committees

take a more active role? take a more active role? WAC already active in previous Parliament (LCOs and policy WAC already active in previous Parliament (LCOs and policy

matters) matters) As much to do with party politics as institutional or constitutional As much to do with party politics as institutional or constitutional

strategy strategy

In conclusion ... In conclusion ... Before 2010, it’s questionable whether there was in Before 2010, it’s questionable whether there was in

fact an intentional UK Govt devolution strategy. There fact an intentional UK Govt devolution strategy. There were many ad hoc interactions, but little by way of were many ad hoc interactions, but little by way of consistent, formulated planning, whether for consistent, formulated planning, whether for particular parts of the UK (NI possibly excepted), let particular parts of the UK (NI possibly excepted), let alone for the whole alone for the whole

Between 2007 and 2010 there were attempts to Between 2007 and 2010 there were attempts to become more strategic – but these were limited. become more strategic – but these were limited. While policy may have become more energetic and While policy may have become more energetic and engaged, it was still largely reacting to initiatives from engaged, it was still largely reacting to initiatives from elsewhere rather than seeking to make the running elsewhere rather than seeking to make the running

To go back to the four approaches sketched at the To go back to the four approaches sketched at the outset, these approaches are a combination of 1 (all-outset, these approaches are a combination of 1 (all-UK electoral strategy) and 3 (intergovernmentalism). UK electoral strategy) and 3 (intergovernmentalism).

This involves reconciling two broadly irreconcilable This involves reconciling two broadly irreconcilable approaches, which may explain many of the strains approaches, which may explain many of the strains and difficulties that have emerged in the management and difficulties that have emerged in the management of intergovt relationships since 1999of intergovt relationships since 1999

In conclusion II ... In conclusion II ... In any event, the UK lacks both the UK-wide In any event, the UK lacks both the UK-wide

institutions at the centre needed to make 1. work institutions at the centre needed to make 1. work properly, given that the UK Parliament does not properly, given that the UK Parliament does not in fact pay much heed to territorial interests in fact pay much heed to territorial interests (territorial select cttees notwithstanding). (territorial select cttees notwithstanding).

The institutions for intergovernmentalism (JMC, The institutions for intergovernmentalism (JMC, chiefly) are still under-institutionalised as well. chiefly) are still under-institutionalised as well.

While it is early to judge on the experience of the While it is early to judge on the experience of the Coalition govt, it seems to have made very little Coalition govt, it seems to have made very little difference. Policy remains fragmented, bilateral, difference. Policy remains fragmented, bilateral, ad hoc and reactive. ad hoc and reactive. Even though the political and constitutional stakes have Even though the political and constitutional stakes have

risen very considerably risen very considerably Quaere does Whitehall, and do ministers, realise that? Quaere does Whitehall, and do ministers, realise that?

In conclusion II ... In conclusion II ... Perhaps this is unsurprising; one of the ironies is that Perhaps this is unsurprising; one of the ironies is that

Labour’s approach in office seems to have been Labour’s approach in office seems to have been naturally ‘Tory’, and Labour eschewed approaches naturally ‘Tory’, and Labour eschewed approaches that would have been more consistent with a social-that would have been more consistent with a social-democratic agenda concerned with state-wide equity if democratic agenda concerned with state-wide equity if not uniformity not uniformity Cf Conservative approaches in Canada, or traditional Liberal Cf Conservative approaches in Canada, or traditional Liberal

ones in Australia (pre-Howard) ones in Australia (pre-Howard) Arguably, this reflects a wider lack of strategic Arguably, this reflects a wider lack of strategic

thinking on Labour’s part more than anything else thinking on Labour’s part more than anything else And to reconcile different electoral strategies in different And to reconcile different electoral strategies in different

arenas, two of which it regards as its natural strongholds arenas, two of which it regards as its natural strongholds Challenges for a new govt are considerable; not just Challenges for a new govt are considerable; not just

incon-gruence, but profound policy disagreements incon-gruence, but profound policy disagreements underlying that, notably about cuts. UK Govt may not underlying that, notably about cuts. UK Govt may not realise how lucky it has been, both in how easy realise how lucky it has been, both in how easy relations were until 2010 and in how the insulation of relations were until 2010 and in how the insulation of constitutional debates helped it. constitutional debates helped it.

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