Eighteen deals and counting: finding meanings in England’s devolution deals

Mark Sandford argues that devolution within England offers a means of improving policy outcomes with minimal additional cost, but notes that the detailed practicalities of it will have as much effect on its outcome as declarations regarding new powers. He therefore suggests that changes in governance practice should be a core focus of future research initiatives.

Alongside debates on Scotland and Wales, English devolution was described by Christopher Harvie in 1991 as ‘the dog that never barked’. At the end of 2023, it has very rapidly become everyone’s pet. Both Labour and the Conservatives favour more devolution to local areas in England. Think tank reports extolling its likely economic benefits abound. Hardly any voices can be found making the case for pausing or reversing the government’s drive towards devolving power.

Far less attention has been devoted to examining the practicalities of achieving this end. It is easy to assume that ‘more devolution’ can be legislated into existence, with legal powers regarded as the lodestone of ‘real change’. This post suggests that devolution – expanding the scope of local decision-making within England – depends less on legislative changes and more on a transformation of the machinery of government at a local level. In this regard, developments in 2023 give unexpected grounds for optimism (see a summary of developments in 2023 on the House of Commons Library website). New ideas and practices of government are beginning to percolate into the English devolution agenda – and these can erode tacit assumptions that underlie the centralising tendencies within the British state.

This blog highlights the makings of new machinery of government practices in two aspects of English devolution: central-local relations and the role and scope of devolved institutions. Encouraging alternative governing practices has long been amongst the core rationales for devolving power: not just localised government, but better government. However, this blog also highlights a third dimension of English devolution acknowledged by government publications: accountability and scrutiny, where more enduring conceptual obstacles have yet to be tackled.

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Rebuilding and renewing the constitution: the territorial constitution

A Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters will be published in summary form on this blog throughout August, with this third excerpt identifying potential changes relating to the territorial constitution.  

Recent years have been unsettled ones in UK territorial politics, with structural pressures following the Brexit vote, and other tensions between the centre and the devolved institutions. Meanwhile, the devolution arrangements for England remain an incomplete patchwork.  

While wholesale reform may be complex and contentious, much can be done to mitigate the tensions that exist within the existing framework. There is widespread recognition that cooperation between the UK government and devolved institutions could be improved, and some positive steps in this direction have already been taken. With the fiercest battles about the implementation of Brexit now over, opportunities exist for strengthening interparliamentary arrangements. The governance arrangements for England could also be made more transparent and coherent.  

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Devolution and the Union: then and now

The COVID-19 pandemic has highlighted some of the flaws of the UK’s uneven devolution arrangements, and the mixed success of intergovernmental forums. Charlotte Kincaid summarises discussions from a Unit webinar in which four experts from across the UK tracked the country’s bumpy journey of devolution, and where it might go in the future. The webinar was the final instalment of the Unit’s series of celebrations to mark its 25th anniversary.

The details and arrangements of devolution have been played out in the public sphere while the UK has attempted to grapple with a pandemic. The public has seen devolution very much in action, with each part of the UK implementing its own lockdown measures and support packages, demonstrating the autonomy and limitations of devolved governments. With devolution in the forefront of the public mind, it was the opportune moment to discuss the journey so far, and where devolution is headed. The summaries below are presented in the order of the speaker’s contributions.

Scotland

Michael Keating, Professor of Politics at the University of Aberdeen and former Director of the Centre on Constitutional Change, described Scottish devolution as an ambivalent project, and noted that there have always been different understandings of what devolution means. For some, it is a modification of the unitary state of the UK, for others the UK is a union of self-governing nations which come together for common purposes, while another group view it as a project in the direction of federalisation. In recent years these foundational issues have grown in relevance due to a number of constitutional confrontations. 

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Five years of ‘EVEL’

In the wake of the devolution settlements of the Blair years, political pressure to answer the ‘West Lothian Question’ persisted. In 2015, the proposed answer was ‘English Votes for English Laws (or EVEL). Today, on its fifth anniversary, Daniel Gover and Michael Kenny assess how EVEL has worked, during one of the most volatile political periods in living memory.

On 23rd October 2015, the ‘English Votes for English Laws’ (or EVEL) procedures came into force in the House of Commons. Introduced by David Cameron in the aftermath of the Scottish independence referendum, these new rules were designed as an answer to the notorious ‘West Lothian Question’ – the late Tam Dalyell’s resonant enquiry about why Scottish, Welsh and Northern Irish MPs should continue to be able to vote on matters that only affected England after devolution, while MPs in England were not able to reciprocate in devolved areas.

When EVEL was introduced, the procedures were sharply criticised by opponents. For some, the reform would not only be logistically difficult to implement – likely to be ‘incomprehensible’ to MPs and the public alike – but would also threaten the UK’s constitutional makeup. In particular, it was argued that EVEL would establish ‘two classes of MP’ at Westminster, undermining the ability of non-English MPs to represent their constituents’ interests. Others, meanwhile, criticised the procedures as too tame, and falling short of providing adequate representation to England.

The five-year anniversary provides an opportune moment to review how this contentious reform has fared in practice. Yet the wider territorial politics of the UK have also undergone significant changes in the intervening period. The questions to which these complicated rules were a response have become ever more pressing, but whether EVEL can provide a sustainable response to the increasingly fraught question of English devolution is increasingly doubtful.

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