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

How did parliament get into this Brexit mess, and how can it get out?

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Some, controversially including the Prime Minister, have accused parliament of failing on Brexit. Last week’s Article 50 extension hands parliament responsibility for solving the crisis. Here, Meg Russell reflects on why parliamentary agreement has thus far been difficult, and what parliament now needs to do.

This week’s Brexit events have been fast moving. Following a series of House of Commons votes on 12–14 March, the Prime Minister travelled to Brussels to negotiate an extension to the Article 50 period. Beforehand she made an extraordinary – and widely criticised – statement to the nation, seeking to lay the blame for the UK’s Brexit impasse at parliament’s door. Following many hours of discussion, the EU27 offered a limited extension: to 22 May if parliament approves the existing Withdrawal Agreement, else to 12 April, before which the UK government should ‘indicate a way forward’ for the EU’s further consideration.

This gives parliament (and specifically the House of Commons) an urgent task of resolving matters, to avoid the UK ‘crashing out’ without a deal in just under three weeks. To date, parliament has been unable to resolve the Brexit dilemma. This post explores why, before turning to what should happen next.

How did we get here?

As explored in a previous post, various factors have combined to make parliament’s Brexit dilemma unique. The most important is the context provided by the June 2016 referendum. By voting for ‘Leave’, the British public issued an instruction to government and parliament, which went against the prior views of most MPs. Politicians pledged to honour the referendum result, but as pointed out by various key actors (including the Commons Public Administration and Constitutional Affairs Committee, chaired by a leading Brexiteer, and the Independent Commission on Referendums), the instruction was far from clear. As we now know, there are many different competing visions of Brexit from which MPs could choose. To complicate matters further, Theresa May’s snap general election of 2017 delivered a hung parliament and minority government, making it far more difficult than usual for parliamentary majorities to form. Continue reading

The Good Friday Agreement at 20: what went wrong?

Alan_Rialto2 (1)The Good Friday Agreement (also known as the Belfast Agreement) is 20 years old today, but recent events in Northern Ireland have shown that power-sharing has proven a difficult exercise. Alan Whysall, who was involved in the negotiations that led to the Agreement as well as its implementation, examines what has gone wrong since the Agreement was signed. A second blog, to be published tomorrow, will discuss what can be done to get the Agreement back on track.

Today marks the 20th anniversary of the signing of the Good Friday Agreement, (‘the Agreement’),  but the system of power-sharing government it established in Northern Ireland has not functioned for over a year. It was widely seen in Britain, as elsewhere, as a significant act of statesmanship, supported by both main parties. But it now appears at risk, as the Irish border becomes a critical issue in the Brexit negotiations.

What has gone wrong?

The Agreement was a political construct to underwrite the ending of a conflict and address the divided politics of a divided society. Progress in those three areas – conflict, politics and society – is interlinked. There was a hope that the division would reduce. In society it has, to some degree, though the progress is now in danger; in politics, less so.

The Agreement covered a wide range of matters besides devolved power-sharing government, but the main focus has been on that issue. The institutions were troubled from the start. Power-sharing government was not established until late 1999. Dogged by unionist reluctance to be in government with Sinn Féin while the IRA continued in being, it collapsed in late 2002. Five years’ direct rule followed, during which the IRA declared its war over and decommissioned weapons, and political negotiations culminated in the St Andrews Agreement of 2006 (with minor changes to the Agreement institutions). Re-established in 2007, the institutions functioned for 10 years.

Sinn Féin pulled out of the Executive in January 2017 citing lack of ‘respect’ from the DUP, essentially around Irish identity. Its key demand became an Irish Language Act, much debated though little defined by either proposers or opponents. Political negotiations appeared to be leading to agreement in February this year, when the DUP abruptly pulled out, its base apparently unhappy at the prospect of the (rather modest) language legislation proposed in the draft text.

DUP figures now speak of restored devolution being impossible this year; no further negotiations are in prospect. The new Secretary of State, Karen Bradley, has brought forward legislation at Westminster on the Northern Ireland budget.

Since last January, opinion in Northern Ireland is much polarised; the rhetoric of the parties, and to some degree the print media, has plunged into a partisan downward spiral. The spirit of partnership that was once to the fore in politics, and at times won votes, is withering, with few vocal proponents in the political realm. Continue reading

Assessing the durability of the Conservative minority government: lessons from New Zealand

Minority government is rare in the UK, but relatively common in many other parliamentary democracies. In this post Jonathan Boston considers the prospects for Theresa May’s government. He draws on the experience in New Zealand, where since becoming the norm in the late 1990s minority governments have proved durable. However, he argues that present circumstances in the UK mean that May’s current government is very unlikely to last a full term.

Minority governments in Britain are relatively rare. But this is not the case in many other parliamentary democracies, especially those with proportional representation voting systems.

During the post-war period, about a third of governments in advanced democracies lacked a parliamentary majority. They were thus dependent on one or more supporting parties, often through a negotiated agreement on matters of confidence and supply. Such agreements vary significantly in policy specificity, consultative arrangements and expected duration.

Minority government in New Zealand can be effective and durable

In New Zealand, there were no post-war minority governments until 1996 when the mixed member proportional (MMP) electoral system was introduced. The impact was immediate and significant: no party has won an overall parliamentary majority since then and during most of these years the party or parties represented in the cabinet lacked a majority.

It has, however, developed some novel governance arrangements to cope with the political exigencies of MMP. In most parliamentary democracies, members of parties supporting a minority government do not hold ministerial office. In New Zealand, by contrast, it is common for only one party to be represented in the cabinet; this party, in turn, is supported by several minor parties, each of which holds a ministerial post outside the cabinet.

Collectively, the government and support parties have a parliamentary majority, but ministers outside the cabinet are not bound by collective cabinet responsibility unless specifically agreed between the parties. There is, in effect, ‘selective collective responsibility’, with ministers able to advance different views publicly on important matters of public policy.

These arrangements have proved both effective and durable: the 1999 Labour-led Government survived three terms in office and the current National-led Government, formed in 2008, is close to completing its third term and will likely retain office after the election in September.

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Decoding the Conservative-DUP agreement

The confidence and supply agreement between the Conservatives and DUP was signed yesterday. Akash Paun discusses how it will work in practice, the financial commitments that have been made as part of the deal and the implications for the coming years.

The government yesterday confirmed details of its ‘confidence and supply agreement’ with the Democratic Unionist Party (DUP). The negotiations dragged on for over two weeks, but a deal of some kind always seemed probable. Holding the balance of power is a dream outcome for smaller parties. The DUP, therefore, had nothing to gain and a lot to lose by bringing down the Prime Minister and triggering another election.

Today’s announcement keeps Theresa May in Downing Street, for now at least. But how much do we know about how this arrangement will actually work?

How it will work in practice

The agreement commits the DUP to support the Government on explicit confidence motions and key votes on the Queen’s speech later this week. The status of the Queen’s Speech vote as a confidence test is a matter of some debate.

Further, the DUP will back the government on formal ‘supply’ votes through which the House of Commons authorises government to spend money from the Exchequer, but also on Budgets and other financial legislation. Beyond that, the deal includes a promise to support the government on Brexit and national security legislation.

This is a broader set of commitments than we might have expected. And in exchange for their support, the DUP will surely expect meaningful rights of consultation on the development of policy whether through the planned ‘co-ordination committee’ or other informal channels.

International experience shows that smaller parties in such deals often grow frustrated at their limited ability to influence government policy. This is a challenge even in formal coalitions, but in this instance the DUP will have no ministerial positions, civil service support or automatic access to confidential information. People are naturally interested in the policy substance of such inter-party deals, but getting the governance of the deal right is just as important if it is going to last.

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After the general election: what’s next?

Just two days after the general election, Professor Meg Russell, Dr Jennifer Hudson and Dr Alan Renwick of the Constitution Unit spoke at UCL’s It’s All Academic festival about the constitutional and political fallout. Michela Palese summarises what they said.

Theresa May called for a snap election on 18 April in order to increase the Conservative Party’s majority in the House of Commons and give herself a strong personal mandate for the upcoming Brexit negotiations. The election took place on Thursday 8 June, and its results caught both the Prime Minister and the general public by surprise. No party secured an overall majority of seats and the United Kingdom has its second hung parliament in less than a decade. The Conservatives are left relying on the support of Northern Ireland’s Democratic Unionist Party (DUP) to form a government.

On the morning of Saturday 10 June the Constitution Unit hosted an event at UCL’s ‘It’s All Academic’ Festival. In this atmosphere of uncertainty, the Unit’s Professor Meg Russell, Dr Jennifer Hudson and Dr Alan Renwick provided some initial analysis of the results and explored some of the likely challenges facing the new government.

The Unit’s Alan Renwick (left), Meg Russell (centre) and Jennifer Hudson (right)

Candidates and campaign

Jennifer Hudson analysed the election from the point of view of campaigning and the composition and diversity of the new parliament.

She argued that, contrary to the Prime Minister’s expectations, it was hard to make the case that the election was about Brexit. In fact, according to a survey that she had conducted in early May, most people did not seem to have strong feelings towards the Brexit negotiations or leaving the European Union without an agreement.

Figure 1: Feelings of the British electorate on Brexit

As shown in the diagram, around 25 per cent of respondents felt either depressed or angry about the negotiations and the prospect of exiting the EU without a deal, but the general feeling on the topic was of relative indifference. This may reflect a shift in the debate on Brexit, with a majority of ‘remainers’ accepting the result and wishing for negotiations to proceed, and only around 20 per cent continuing to claim that the UK should remain in the EU and that there should be a second referendum.

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Following the general election, where now for Northern Ireland?

The general election result has done little to halt the steady unravelling of the political situation in Northern Ireland, and may accelerate it. In this post Alan Whysall discusses the implications of the confidence and supply agreement between the Conservatives and DUP, expected to be agreed in the coming days, and what might happen next.  

As Theresa May reaches out to Northern Ireland for support, the political situation there has been steadily unravelling. A pact with the DUP – which has been on the point of emerging for several days, and may appear today, or may not – is unlikely to stop the unravelling. It could accelerate it – not necessarily, but unless there are changes in outlook in Northern Ireland politics, not least from the British government, we risk losing many of the gains that have followed from the Good Friday Agreement.

The unravelling started a while ago…

Earlier blogs have outlined the increasing disarray in Northern Ireland politics since the turn of the year, here, here and here. The following is a brief summary for those who have not kept up.

Sinn Féin, which along with the DUP had constituted the power-sharing government in Northern Ireland, pulled the plug on it in January. Ostensibly this was because of financial scandal involving the First Minister, Arlene Foster of the DUP, in an earlier ministerial life. But the underlying causes had more to do with the way that the DUP treated nationalism, and Brexit.

An election to the Northern Ireland Assembly followed in March. It was highly polarising. Although there have been existential crises in the life of the power-sharing government in Northern Ireland, elections have generally been conducted in a spirit of renewed commitment to work together. And voters increasingly came to like and expect that language – even if there was increasing disillusion at the performance of the devolved institutions.

There was little talk of working together in this Assembly election, however. The reversion in recent months to rhetoric redolent of the days before the Agreement has been marked. Arlene Foster’s spirited attacks on Sinn Féin in fact contributed to a strengthening of its vote – the overall nationalist vote had been flagging in recent elections, but now dramatically bounced back. There was also some strengthening of the middle ground, but the more moderate Unionist and nationalist parties the UUP and SDLP did less well.

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