After the Referendum

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

Dr Nicola McEwen, University of Edinburgh

Associate DirectorESRC Scottish Centre on Constitutional Change

‘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)

Defining IGR

Consequence of divisionof constitutional competences Shared powers/functions ‘spillover effects’

Nature of policy problems & integrated approachto resolving them EG ‘poverty’, ‘economic growth’, ‘security’, etc

Intergovernmental finance – vertical fiscal imbalance

Europeanisation EU policy-making/shaping; implementing EU directives

Why IGR?

Constitutional settlement and structure of government

Financial climatePolitical/legal culture and role of the courtsParty political composition of governmentPolicy 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

Factors Shaping IGR

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 - IPROCESSES

Constitutional asymmetries across the UK > hierarchical IGR – dominance of central govt bilateral IGR – minimal scope for multi-lateral

collaborationPre 2007 - benign fiscal climate & party congruence

facilitated co-operation/absence of conflict 2007-2010 – political opposition and ‘intra-territorial’

competition diminished trust and access2010 – ‘respect agenda’ partially eroded by:

austerity BIG constitutional politics

IGR in the UK – IIDYNAMICS

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

Devolution Commissioninterim reportEmphasis on central-local relations within ScotlandConstitutional rights for local governmentHint 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

Proposals for Changes to IGR – II

Labour Party

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 inter-personal relationships?

Depends on response: Prevalence of goodwill and mutual

respect? Scotland off radar?

Effects of continued austerity