Article 50: two years on


Anand.Menon

On 29 March, The UK in a Changing Europe published Article 50 two years on, summarising what has happened during the Article 50 process, where we are now, and what might happen in the future. Here, its director Anand Menon offers his own view of how Brexit has been handled since Article 50 was invoked by the government, and offers an insight into some of the topics contained in the report.

Two years on. So little progress made. As metaphors go, watching parliament hold a series of eight votes and fail to muster a majority on any of them was not too bad at all.

And yet, and yet. For all the outward signs of chaos emanating from Westminster, things are moving. It was never going to be easy for MPs to ‘take control’ of Brexit, if only because all they control even now is the parliamentary diary. Parliament isn’t set up to make it easy for MPs to both set their own agenda and make decisions.

Moreover, it strikes me as slightly misguided to criticise the House of Commons for failing to come to a clear decision on Brexit. For on this if on nothing else, our MPs represent us faithfully. Like the public at large, they are deeply divided on the question of leaving the European Union, and therefore – again like us – it is not clear which if any of the possible outcomes a majority of them might agree on. Continue reading

The myth of a growing sense of English identity

IMG_20181213_223144England remains the only country in the UK to lack its own national parliament, and there is no indication that this is likely to change in the near future. Here, Sir John Curtice discusses the extent to which those who identify as having a distinctive English identity have grown in number, and if this translates into greater support for separate English institutions.

One of the key features of the devolution settlement in the UK is that it has become increasingly asymmetric, as both the Scottish Parliament and Welsh Assembly have gradually gained more powers. In contrast, only relatively minor changes have been introduced in England – (i) changing the procedures of the House of Commons so that laws that only affect England have to have the backing of English MPs as well as the House as a whole and, (ii) introducing in some of England’s major metropolitan areas city regions run by a directly elected mayor and a combined authority but with limited powers. This contrast means that a debate continues to bubble away about the fairness and effectiveness of the way in which England is governed, prompting the recent publication of a book, Governing England, that reports the fruits of a major investigation undertaken by the British Academy into how England might best be governed in future.

One of the seemingly important issues in the debate about the governance of England is the country’s sense of identity. An England that predominantly feels British might be thought to be happy to be governed by UK-wide institutions. But one that feels mostly English might be expected to take a very different view. It has been argued that the sight of devolved institutions elsewhere in the UK has made people in England more aware of their English rather than their British identity and that they now seek to have that identity acknowledged politically. That English identity is becoming politically more important appeared to be confirmed by the well-documented evidence that those who think of themselves as English were more likely than those who regard themselves as British to vote to Leave the EU.

But how many people south of the border claim these days to be English rather than British? Is there any evidence that there has been an increase in English identity? And is there any reason to believe that those who do feel English have become more likely to want their sense of identity reflected in how England is governed?  These are some of the questions addressed by me in Governing England. Continue reading

Understanding English identity and institutions in a changing United Kingdom

_MIK4650.cropped.114x133image_normaliainmclean200pxThe current devolution settlement has left England as the only UK country subject to permanent direct rule from Westminster, which has the dual role of governing both the UK and England. In their new book, Akash Paun, Michael Kenny and Iain McLean have been exploring some of the key arguments concerning the status of England within the Union, who speaks for England politically, and the concept of an English national identity.

Governing England, a new volume published today by the British Academy and Oxford University Press, explores whether, why and with what consequences there has been a disentangling of England from Britain in terms of its governance and national identity. The book concludes that the English have grown dissatisfied with their constitution and relationship with the wider world (as reflected in England’s decisive vote in favour of Brexit), and less content for their nationhood to be poured into the larger vessel of Britishness. But England’s national consciousness is fragmented and embryonic – unlike the other UK nations, it has yet to engage in a reflective national conversation about how it wishes to be governed – and, as Brexit unfolds, England is struggling to reshape its relationship with the other UK nations and the wider world without a cohesive national narrative to guide the way.

England, alone among the nations of the UK, has no legislature or executive of its own, and remains one of the most centralised countries in Europe. It is ruled directly from Westminster and Whitehall by a parliament, government and political parties that simultaneously represent the interests of both the UK and England. Correspondingly, at the level of identity, the English have historically displayed a greater propensity than the Scots and Welsh to conflate their own nationhood with a sense of affiliation to Britain and its state. As Robert Hazell noted in 2006, writing for the Constitution Unit on The English Question, ‘in our history and in our institutions the two identities [of English and British] are closely intertwined, and cannot easily be unwoven’.

As a result of devolution to Edinburgh, Cardiff and Belfast, Westminster and Whitehall frequently oversee legislation that applies entirely, or predominantly, to England. But the government and most politicians at Westminster tend to elide these territorial complexities, talking of setting policy or legislating for ‘the nation’ or ‘the country’, whatever the precise territorial application of the announcement in question. Governing England is rarely considered as an enterprise separate from the wider governance of the UK. Continue reading

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

What an English Parliament might look like – and the challenges of giving it proper consideration

meg_russell (1)Jack.000Constitution Unit researchers have been working on a detailed project on Options for an English Parliament, whose final report has just been published. In this post, report authors Meg Russell and Jack Sheldon reflect on the key design questions associated with the two main models for an English Parliament, and how proposals for such a body relate to wider political questions about the UK’s territorial future.

The idea of an English Parliament has a long history, but has been particularly actively lobbied for over the 20 years since the creation of devolved legislatures in Scotland, Wales and Northern Ireland. Originally an idea mostly taken up by politicians on the right, the proposal has recently begun attracting greater interest also from those on the political left. Supporters seek closer equity with the existing devolved areas, including more explicit representation of English interests, accountability for England-wide policy-making, the airing of English ‘voice’, and a forum where English identity can flourish. Yet some serious concerns have also been raised about the prospect of an English Parliament, most centrally fears that an elected body representing 85% of the UK population would become too dominant, stoking territorial tensions and destabilising the UK Union itself.

Starting with these aspirations and concerns, we have examined the available evidence from UK and overseas experience to explore the options for an English Parliament – on a Nuffield Foundation-funded project, which has just produced its final report. This sought neither to advocate for or against establishment of an English Parliament, but to tease out the kind of design decisions needed, and their likely implications. We identified that two primary models have been proposed for an English Parliament – which we call the separately elected and dual mandate models – and focus our analysis primarily on these. Proponents of both have set out relatively little detail about what in practice would be involved. But if an English Parliament is to be viable, some kind of blueprint is clearly required. We hope that our analysis will help to illuminate this debate, and provide useful insights for both supporters and sceptics of the idea of an English Parliament. Our conclusions relate not just to the institution itself, but to the knock-on effects it could have on UK-wide institutions and on UK territorial politics as a whole.

Continue reading