Monitor 81. Johnson falls; what’s next for the constitution?

Today, the Unit published the 81st edition of Monitor, which provides analysis of the key constitutional news of the past four months. In this post, which also serves as the issue’s lead article, Meg Russell and Alan Renwick reflect on the collapse of Boris Johnson’s government, increasing concerns about ministerial and parliamentary standards, and continuing doubts about the future of the Union.

The preoccupying question in UK politics over recent months increasingly became when – rather than whether – the Prime Minister would be forced from office. In April, Boris Johnson was fined for breaching restrictions on social gatherings during lockdown, and the Commons referred him to its Privileges Committee for allegedly misleading parliament. In May, the Conservatives suffered steep losses in the local elections, and Sue Gray’s official report into ‘partygate’ was finally published, concluding that the ‘senior leadership at the centre, both political and official, must bear responsibility’ for the culture of disregard for the rules that had emerged. In June, Johnson survived a vote of no confidence among his MPs and the loss of two parliamentary by-elections, followed by the resignation of the Conservative Party Co-Chair, Oliver Dowden. But the resignation of Deputy Chief Whip Chris Pincher in early July, and Number 10’s bungled reaction to it, finally brought the Prime Minister down.

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Northern Ireland: how can power-sharing be revived?

Alan Whysall was a panellist in the session on Northern Ireland at the Unit’s State of the Constitution conference on 23 June. This revision of his talk draws on his paper for the Unit on Northern Ireland’s Political Future, and its accompanying blogpost. He argues that stable power-sharing can only return through good faith inclusive negotiation – which is not a part of London’s current approach – and a reinforcement of the foundations of the Belfast/Good Friday Agreement.

It is essential to bring all the Belfast/Good Friday Agreement institutions back as soon as possible: that unlocks the potential for political progress. Without the institutions, polarisation grows; the longer they are away, the harder ultimately the Agreement settlement is to sustain. And there is no alternative as a framework for the stable government of Northern Ireland.

Devolution still has wide popular support and the political class has a strong self-interest in restoring the institutions, if only because paying them not to undertake government is becoming unpopular. But there are big questions about how.

The government’s approach

Can the institutions be stably restored the government’s way? Setting aside for now judgements about the government’s approach, its integrity, or the extraordinary contents (breach of international obligations, vast delegation of powers to ministers) of the Northern Ireland Protocol Bill, this seems to me to be doubtful.

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Post-election negotiations in Northern Ireland must set the Belfast Agreement on a firmer footing and re-establish constructive politics

Alan Whysall, Honorary Senior Research Associate of the Constitution Unit, looks at the Northern Ireland Assembly elections held last week. He suggests that the foundations of the Belfast/Good Friday Agreement continue to weaken, and there is no sign of the government offering any response that might strengthen them; its proposals on the Northern Ireland Protocol risk making matters worse. Alan’s discussion paper on Northern Ireland’s political future: challenges after the Assembly elections was published last Friday, and is summarised in this blog, and discussed in this podcast.

The election results, though well forecast by polling, were reported in dramatic terms by media outside Northern Ireland, with coverage focusing on Sinn Féin displacing the Democratic Unionist Party (DUP) as the largest party.

They reflect the increasing polarisation of Northern Ireland politics, fuelled by unionist concerns over the Northern Ireland Protocol. So Traditional Unionist Voice, to the right of the DUP, tripled its vote. The DUP lost approaching a quarter of its vote – but probably, with its line that only it could ensure there was a unionist First Minister, scooped up some support from the Ulster Unionists, who fared poorly. In the event, the DUP won 25 seats, more than many predicted.

But the line about First Ministers was heard even more on the other side, resulting in more nationalist votes going to Sinn Féin. That made it the largest party in the Assembly with 27 seats. The nationalist SDLP lost out grievously; with eight members, it is too small to gain a ministerial position.

The other notable phenomenon in the election, though, was the rise of the centre ground, those identifying as neither unionist nor nationalist – which means now, almost exclusively, the Alliance party. Alliance more than doubled its Assembly seats to 17. It is now the third largest party, instead of fifth. The binary assumptions of the Agreement, that politics is essentially about unionist and nationalist blocs, may be increasingly unsustainable.

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Northern Ireland’s political future: challenges after the Assembly elections

The Constitution Unit has today published a new discussion paper entitled Northern Ireland’s political future: Challenges after the Assembly elections. Here the author, Alan Whysall, Honorary Senior Research Associate at the Unit, introduces it. A further paper on longer-term prospects for Northern Ireland will be published later this year.

Northern Ireland voted for a new Assembly yesterday; the results will emerge over the coming hours and days. Thereafter, talks will begin on the formation of a new Executive. What happens in these negotiations matters profoundly for the future of Northern Ireland. It should also be of great concern to ministers in London. The future of the power-sharing arrangements that have brought stability to Northern Ireland for almost a quarter of a century may be at stake.

In current difficulties, there is also the potential to bring about change for the better. The paper explores what renewal of the Agreement might involve.

The present situation

Northern Ireland’s governing arrangements follow the principles set out in the Belfast/Good Friday Agreement, signed in 1998. Core to the Agreement is the principle of power-sharing. The Executive is headed by a First Minister and a deputy First Minister, who must come from different political traditions, and who exercise equal powers conjointly. All but the smallest parties in the Assembly – which is elected by proportional representation – are entitled to hold ministerial briefs.

These arrangements are in a state of semi-collapse. The largest party in the outgoing Assembly, the Democratic Unionists, withdrew its First Minister in February, meaning that the Executive has, since then, been unable to meet. Though other ministers remain, they are effectively caretakers. There is a period of up to six months following the election in which to find political agreement on forming a new Executive. The DUP says it will not go fully back into the Executive unless its demands are met for changes to the Northern Ireland Protocol. Shifts in voting patterns may mean institutional changes are called for. But there are deeper failings within the Northern Ireland polity.

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The political foundations of Northern Ireland are at risk of crumbling

Not for the first time in recent memory, Northern Irish politics is in flux, the UK government’s Brexit deal is causing ructions and the power-sharing institutions are on the brink of collapse. Alan Whysall assesses the current crisis and argues that the foundations of the Belfast/Good Friday Agreement are at serious risk of crumbling.

Northern Ireland appears headed for further political turbulence, and it is not clear that devolved government will survive. Two steps within 24 hours by the Democratic Unionist Party (DUP), currently the largest party in the Assembly, have triggered this.

On Wednesday night, the DUP Agriculture Minister, Edwin Poots, announced that his staff would no longer carry out checks required at Northern Ireland ports under the Northern Ireland Protocol.

On Thursday afternoon, the DUP First Minister (FM) of Northern Ireland, Paul Givan, announced that he would resign his office on Friday morning over the Protocol, although his resignation letter was short on specifics.

A couple of years ago, the DUP leadership was suggesting that, notwithstanding additional border checks in the Irish Sea, Northern Ireland should make the best of the Protocol, which gives it free access for goods to the single markets of both the EU and the UK. But the party was losing support in polling both to the hardline Traditional Unionist Voice, and to the more moderate Ulster Unionist Party (UUP) – which continues. Arlene Foster was ousted as leader and First Minister last year, and Edwin Poots became leader, lasting three weeks before he himself was removed, to be replaced by Jeffrey Donaldson. The party has become increasingly strident in its demands for the replacement of the Protocol in its present form, and since last summer Donaldson has been threatening to collapse the institutions over the issue.

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