Devolution in the UK: the growth of the English variant

John Denham discusses how England is becoming more centralised by a Prime Minister keen on ‘unfettered leadership’, arguing that the model of elected mayors is losing its attraction to central government. This extension of the powers of the Union state over England might well be described as the ‘English variant’. It faces unique and significant policy and political challenges.

In the early months of 2020, there seemed to be a sharp contrast between Conservative policy towards the governance of England and its approach to the devolved nations. Its 2019 manifesto had promised ‘full devolution across England so that every part of our country has the power to shape its own destiny’. Across the Union the government was already setting out its intention to intervene more directly in the affairs of the devolved nations. This so-called ‘assertive unionism’ – an attempt to refashion some form of more unitary UK state – had been foreshadowed when Boris Johnson had declared his intention to be Minister for the Union and in an influential report by Policy Exchange.

The commitment to publish a Devolution and Recovery White Paper for England was set out in July 2020 (in a speech by then local government minister Simon Clarke which has now been removed from government websites). But by the turn of 2021, in the wake of a bruising confrontation with Greater Manchester’s Mayor Andy Burnham, it was clear that ministers were losing interest in English devolution. The Devolution White Paper has been dropped, to be replaced by a ‘Levelling-Up’ White Paper. There is little detail on the new approach, but all the signs are that it will bring an intensification of centralisation that will extend the powers of Whitehall rather than localities. The funds intended to drive ‘levelling up’ have either been centralised at an England level, as with the English Towns Fund, or as part of UK wide funding programmes for ‘Shared Prosperity’ and ‘Community Renewal’ funds.

The early sharp contrast between Conservative plans for England and for the rest of the Union are now being replaced by something that looks much more consistent. Instead of a fundamentally different approach to English governance, England is becoming more, rather than less, centralised and, in many cases, integrated into Union-wide investment programmes. This extension of the powers of the Union state over England might well be described as the ‘English variant’. It has features that are unique to England, but at its core is the same idea of the centralised Union state.

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Intergovernmental relations and the English question: options for reform

downloadA week after the state of intergovernmental relations (IGR) in the UK was highlighted by the UK government’s law officers standing in opposition to their devolved counterparts in the UK Supreme Court, the Public Administration and Constitutional Affairs Committee published a report on improving IGR after Brexit. Jack Sheldon discusses the methods by which England could gain distinct representation — something it currently lacks — in a new IGR system.

At the end of July the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published Devolution and Exiting the EU: reconciling differences and building strong relationships. This is an impressive report, containing original recommendations on a range of aspects of the UK’s territorial arrangements.

It is particularly notable that the MPs chose to devote substantial sections of the report to the English question. These focus, in particular, on the often overlooked issue of England’s representation in intergovernmental relations (IGR) forums such as the Joint Ministerial Committee (JMC). PACAC’s attention to this reflects a growing appreciation, including in official circles, of the salience of questions about how England is recognised and represented within the UK’s changing systems of governance. It is also timely, with a JMC-commissioned review of IGR machinery currently in progress ahead of the proposed negotiation of post-Brexit frameworks in areas such as agriculture, fisheries and environmental protection.

The issue

Since the JMC was established in 1999, it – and its sub-committees – have been composed of ministers from the UK government and the devolved governments in Scotland, Wales and Northern Ireland. PACAC highlights the fact that this leaves the UK government wearing ‘two hats’, as representative of both England and the UK as a whole.

This dual role has caused multiple concerns. Many in the devolved governments fear that the UK government will favour England. In evidence to PACAC Carwyn Jones, the Welsh First Minister, suggested he could not have confidence that fishing quotas would be allocated fairly if DEFRA was the English representative in negotiations, whilst also being ultimately responsible for making the allocation. Meanwhile, regional and local interests in England feel overlooked. Andy Street, the West Midlands ‘metro mayor’, was among those who told the committee that the English regions’ voices were not heard as loudly in Whitehall as those of Scotland, Wales and Northern Ireland. Finally, some have argued that under current arrangements England is denied a national voice, resulting in the devolved areas securing preferential treatment – especially in relation to finance. Continue reading