The next PM’s territorial challenges

jack_sheldon.1The next stages of Brexit are now set to happen under a new Prime Minister. The chosen candidate will have to work with governments in Wales and Scotland that are openly critical. Northern Ireland may be without a government and the English regions may lack a unified voice, but neither can be taken for granted, especially as the new PM will rely on the DUP for confidence and supply. Leaving the European Union therefore cannot be separated from the challenges of maintaining the domestic union, as Jack Sheldon explains.

Following the announcement of Theresa May’s imminent resignation, the long-anticipated contest within the Conservative Party to succeed her has begun.

The campaign will inevitably be dominated by Brexit. But events over the past three years have shown that the future of relations with the EU cannot easily be separated from the future of the domestic Union. The candidates will thus need to give careful thought to how they will approach the major statecraft challenges presented by territorial politics across the UK if they become Prime Minister.

Renegotiating the Northern Ireland backstop will be popular with Conservative MPs – but a new Prime Minister might soon face the same dilemma as Theresa May

The Northern Ireland ‘backstop’ has been the main driver of opposition to the Withdrawal Agreement within the parliamentary Conservative Party and their confidence-and-supply partners the DUP. Consequently, there are strong short-term incentives for leadership contenders to commit to renegotiating it, in the hope that it might yet be possible to get a deal that doesn’t cut across Brexiteer red lines on the Single Market and customs union through the House of Commons. Pledges to this effect have already been made by Jeremy HuntBoris JohnsonEsther McVey and Dominic Raab.

In reality, substantive changes to the backstop will be extremely difficult to deliver. It remains the position of the EU27 and the Irish government that the Withdrawal Agreement will not be reopened.  Keeping an open Irish border has become highly salient in Ireland and the EU, and the new Prime Minister will need to appreciate that this means there is next to no chance that they will be open to trading the guarantees provided by the backstop for the loosely-defined ‘alternative arrangements’ envisaged by many Conservative MPs. The same dilemma Theresa May faced might thus soon confront her successor – whether, as an avowed unionist, to recoil from a no-deal scenario that would undoubtedly have disruptive effects at the Irish border and strengthen the case for an Irish border poll, or whether the delivery of Brexit trumps everything else.

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Taking stock: what have we learned from the European elections?

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Last week, voters across the UK (and indeed, across the European Union) took part in the European Parliament elections. Now that we know the outcome, Alan Renwick examines the impact on the results of both the rules that governed the election and the strategies of the parties.

The European elections raised important questions about how the voting system – and parties’ and voters’ reactions to it – might influence the results. Would the imperfect proportionality of the system harm the smaller parties? Should those parties – particularly the three Britain-wide anti-Brexit parties – have formed an alliance? Could voters maximise the impact of their ballots through tactical voting? Now that the results are in, it is time to take stock.

The impact of the rules

As I set out in an earlier post, European Parliament elections in Great Britain use a list-based system of proportional representation (while those in Northern Ireland use Single Transferable vote, or STV). This system is proportional, but not very. The D’Hondt formula for allocating seats favours larger parties. So does the fact that the number of seats available in each region (ranging from three in the North East of England to ten in the South East) is fairly low.

The results would certainly have been different had the elections been held using First Past the Post, as was the case for European elections in Great Britain before 1999. This system, still used for Westminster elections, awards a seat to the largest party in each constituency. Had voters cast the same votes as they did on Thursday, the Brexit Party would under First Past the Post have won almost every seat in England and Wales outside London and the Home Counties; the Liberal Democrats and Labour would have dominated in London and parts of its environs; the SNP would have captured every seat in Scotland; and the Conservatives would have been wiped out. In fact, many voters would not have cast the same votes as they did. For example, the anti-Brexit parties could probably have agreed joint candidates much more easily than under the actual system, helping them to secure some extra seats. But the Brexit Party would very likely still have scooped up most seats on less than a third of the vote. Continue reading

The European Parliament elections: seven things you need to know

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Nominations for election to the European Parliament closed on Thursday. We now know which parties will be contesting the elections (if they happen), and who those parties have selected to stand for them in each region of the UK. The Unit’s Alan Renwick offers a brief guide to how the elections will work and what we can expect to learn from them.

With little sign of progress in the Brexit talks between the government and the Labour Party, UK participation in next month’s European Parliament elections looks increasingly likely. The parties have nominated their candidates and begun to launch their campaigns. Much is being said about how the electoral system will shape the outcome, but not all of it is accurate. This post provides a quick guide to the key points and reaches two main conclusions. First, the system will disadvantage small parties: in particular, the anti-Brexit parties will be punished for their disunity. Second, anyone wanting to read the results as a proxy second Brexit referendum will need to do so with great care.

1. The system is proportional…

The UK uses a system of proportional representation (PR) for European Parliament elections. To be precise, it uses two different systems. England, Scotland, and Wales use a list-based form of PR, which was introduced to replace the old First Past the Post system in 1999. This is based on 11 regions, each electing between three and ten MEPs. Each party puts up a list of candidates and voters choose one party’s list. The seats are allocated to the parties in each region in proportion to the votes that they have won.

Northern Ireland, by contrast, has used the Single Transferable Vote (STV) form of PR ever since the first elections to the European Parliament in 1979. Each party again puts up a slate of candidates. But voters rank individual candidates in order of preference, and these votes are counted and transferred according to the preferences expressed until the three seats available have been filled.

Proportional systems make it easier than under First Past the Post for small parties to secure seats. Last time around, for example, the Green Party won three seats with 7.87% of the vote, whereas in 1989, under First Past the Post, it famously captured 14.5% of the vote but no seats at all.

2. …but not all that proportional

‘Proportional’ systems vary in just how proportional they are. In fact, neither of the systems used in the UK is especially so, for two reasons. First, the number of seats available in each region constrains how far it is possible to allocate seats proportionally. In the North East of England, for example, where there are only three seats, it is clearly impossible for any more than three parties to win representation. Even the largest region – the South East, with ten seats – is quite small in seat terms, making it impossible to reflect the pattern of votes perfectly in the allocation of seats. Continue reading

Is there time for another referendum before the new Brexit deadline?

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The last few weeks have been a whirlwind of Brexit news. Campaigners for a no-deal outcome have made themselves heard—as have campaigners for a second vote. But the new Halloween Brexit deadline is just over six months away. This raises the question: is there time to hold another referendum before we leave? And would it be possible to conduct such a vote in a proper manner? Alan Renwick addresses the key questions and concludes that a properly conducted referendum is preferable to a speedy one.

In a report published last autumn, my colleagues and I at the Unit calculated that it takes at least 22 weeks—roughly five months—to hold a referendum in the UK. That allows 11 weeks for the necessary legislation to go through parliament and the Electoral Commission to assess the proposed question, one week to get ready, and ten weeks for the campaign. If parliament started this process today, a vote could be held on 26th September. So long as the wheels were set in motion by the European Parliament elections on 23rd May, a referendum could go ahead on 24th October; the last Thursday that gives time for the result to be declared before the deadline.

So the simple answer to the question posed above is, yes, there is time for a referendum by October.

But does pushing for a referendum at breakneck speed still make sense? Back when we were writing our report, the first question everyone asked was whether a vote could be held before Brexit day on 29th March. Once that timetable had become untenable, the question was whether the ballot could be organised by 23rd May or 30th June, so that the UK would not have to participate in the European Parliament elections. If a vote is being contemplated for September or October, that Rubicon will long have been crossed.

Crucially, EU leaders have signalled that the Halloween deadline will not be final if a decision-making process is ongoing by then. In other words, starting the referendum process could itself provide Britain with more time to deliberate. Businesses are desperate for some kind of resolution. But a well-run referendum would produce a more robust outcome. Taking a little extra time to ensure that would be worthwhile.

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Is Tory unionism the greatest obstacle to Brexit?

image_normalAs the Brexit process continues, the Conservative Party is finding it hard to reconcile its desire to leave the EU with its longstanding commitment to maintaining the territorial and political union of the United Kingdom. Michael Kenny argues that, far from introducing a destabilising element to an otherwise sound constitutional set-up, Brexit has instead amplified and accelerated the debate about the UK’s territorial constitution.

‘I didn’t know it would break the United Kingdom’. This regretful rumination from columnist Peter Oborne – in a fascinating interview given in the wake of the recanting of his support for Brexit – touches on one of the key developments in the Brexit story. This is the gathering realisation in some Conservative circles that leaving the EU may well be incompatible with one of the foundational values of the Conservative party – the preservation of the integrity of the United Kingdom.

The painful discovery that these two goals are very hard – and maybe impossible – to reconcile is one of the great under-estimated political ironies of Brexit. For it has been those calling for the UK’s departure from the EU who have talked most confidently and directly about the distinctive character of Britain’s model of parliamentary sovereignty and the territorially differentiated unity expressed in in its constitutional arrangements. And whilst anxieties about whether Brexit might reignite the independence cause in Scotland were aired in the campaign leading up to the 2016 referendum, for the most part these remained at its margins.

But Prime Minister Theresa May has sounded a more anxious note ever since she entered office in July 2016. She has repeatedly – and a little mechanically – invoked the importance to her own politics of ‘our precious union’, a mantra that betrays a telling worry about the implications of a vote which accentuates a growing sense of political differences across the different nations and peoples contained with it, and also signals the salience in her own mind of the question of what implementing Brexit means for the domestic union. Continue reading

Towards a Devolution Backstop? UK government-devolved government relations after Brexit

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Two years after the invocation of Article 50, Nicola McEwen analyses the state of relations between London and the devolved administrations, warning that if Brexit damages the autonomy of the devolved institutions without increasing their influence, relationships between the UK’s territories may become ever more strained.

The Brexit process has undoubtedly brought about an upswing in engagement between the UK and devolved governments. Leaving aside the Joint Ministerial Committee (Europe) which since 1999 has met ahead of European Council meetings, there have been considerably more formal meetings between Scottish, Welsh and UK ministers in the 32 months since the 2016 referendum than in the 17 years of devolution that preceded it. In 2016, a Joint Ministerial Committee for EU Negotiations — JMC (EN) — was set up to foster intergovernmental collaboration and provide oversight of EU negotiations. Last year, a Ministerial Forum for EU Negotiations was set up to consider more detailed Brexit effects in particular policy spheres.

For most of the time since the referendum, Northern Ireland has not had a governing executive and so it hasn’t had a voice in interministerial meetings. Ministers from the Scottish and Welsh governments, by contrast, have had ample opportunity to make their voices heard. Whether the UK government is listening is another matter.

The devolved governments have had most difficulty in influencing the UK’s negotiating position with the EU. The Scottish government opposes Brexit in all forms – a position reflecting the big Remain vote in Scotland in 2016. The next best thing is continued membership in the EU single market and customs union. While respecting the narrow Leave majority in Wales, the Welsh government, too, has favoured continued membership in the single market and customs union. But, despite the JMC (EN) terms of reference committing the governments to seek ‘a common UK approach’ to Brexit, the devolved governments have had little impact in shifting the Prime Minister’s red lines. The UK approach to Brexit, it seems, is the UK government’s approach alone. Continue reading