100 years of the Government of Ireland Act: how it provided a model for Westminster-Edinburgh relations

The Government of Ireland Act 1920 is 100 years old tomorrow. David Torrance examines the legislation and its impact, arguing that a number of the constitutional conventions that regulate relations between Westminster and Holyrood have roots in those that applied to Stormont between 1920 and 1972.

Wednesday 23 December marks the centenary of royal assent for the Government of Ireland Act 1920 (the ‘1920 Act’). That this created the part of the UK known as ‘Northern Ireland’ and its border is well known, but its devolution settlement – a parliament, government, governor and prime minister – has largely faded from public consciousness.

As the historian Graham Walker has observed, Northern Ireland ‘serves as a reminder that devolution and constitutional change has a long, complex, and fascinating history, and did not just appear magically at the end of the twentieth century’ [1]. Indeed, this blog will argue that many of the constitutional conventions now associated with Holyrood-Westminster relations have antecedents in those which developed between Stormont and the UK parliament between 1921 and 1972. There was also one major difference, self-determination, analysis of which concludes this piece.

A ‘sound custom’ of non-interference

Speaking during Lords consideration of the Scotland Bill in 1998, Lord Sewel observed that ‘as happened in Northern Ireland earlier in the century’ the government would expect ‘a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish parliament’. This would later come to be known as the Sewel convention.

The Northern Ireland precedent acknowledged by Lord Sewel was established in 1922 when Home Secretary Edward Shortt (who had responsibility for GB-NI relations at the time, as there was no Northern Ireland Office) advised withholding royal assent for a bill abolishing the Single Transferable Vote method for local government elections (a matter ‘transferred’ to Belfast). When Northern Ireland’s Prime Minister Sir James Craig and his Cabinet threatened to resign, assent was granted.

By 1953, a Treasury document could state that:

In practice the United Kingdom Parliament refrains from legislating on matters with which the Northern Ireland Parliament can deal, except at the request and with the consent of Northern Ireland. It is recognised that any departure from this practice would be open to objection as impairing the responsibility which has been placed on the Northern Ireland Parliament and Government.

HM Treasury, Northern Ireland, the Channel Islands and the Isle of Man: A Treasury Paper, December 1953, page 9
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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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Referendums on Irish unification: How would they best be designed and conducted?

The interim report of the Working Group on Unification Referendums on the Island of Ireland, published today, concludes that referendums on the question of Irish unification should be called only with a plan for the processes that would follow. In this post, the Chair of the Working Group, Alan Renwick, sets out some of the group’s key provisional findings. The group is seeking feedback on these, in advance of its final report next year.

The Working Group on Unification Referendums on the Island of Ireland was established last year to examine how any future referendums on whether Northern Ireland should stay in the United Kingdom or become part of a united Ireland would best be designed and conducted. The group, based at the Constitution Unit, comprises 12 experts from universities in Northern Ireland, the Republic of Ireland, Great Britain, and the United States. It has no collective view on whether holding such referendums would be desirable or not, or what the outcome should be if referendums were held. 

The project continues the Unit’s long history of research into referendums, stretching back to the 1996 report of the Commission on the Conduct of Referendums, whose recommendations for new legislation helped pave the way for key reforms in 2000. More recent work includes the 2018 Independent Commission on Referendums and last year’s Doing Democracy Better report. We also have a track record of examining future constitutional possibilities—such as Scottish independence or the creation of an English parliament—without taking a view on their desirability.

Why the Working Group was established

We created the Working Group because referendums on the unification question might happen in the future, and what this would involve needs to be thought through. The Brexit process has shown the dangers that can arise if a referendum is called without proper planning. Repeating that in Northern Ireland’s sensitive context would be highly unwise. Yet no such plan exists. The 1998 Belfast/Good Friday Agreement makes some key provisions, as we elaborate below. But it leaves many important points unspecified. We do not believe referendums to be imminent: the evidence is that the majority in Northern Ireland would currently support maintaining the Union. But opinion could evolve in either direction in the future. 

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Public consultation on unification referendums on the island of Ireland.

alan.jfif (1)conor_kelly_500x625.jpg_resized.jpgchk_headshot500x625.jpg (1)The Constitution Unit is leading a Working Group on Unification Referendums on the Island of Ireland. This week, it launches a public consultation, seeking views from people in Northern Ireland on the issues it is considering. In this post, Alan Renwick, Conor Kelly, and Charlotte Kincaid outline the purposes of the group’s work and the kinds of questions that it is asking.

Readers can access the consultation survey by clicking here.

The Working Group on Unification Referendums on the Island of Ireland is examining how any future referendum on Northern Ireland’s constitutional future would best be run. Such a referendum – sometimes known as a ‘border poll’ – would decide (alongside a parallel process in the Republic of Ireland) whether Northern Ireland should remain part of the United Kingdom or become part of a united Ireland.

A referendum like this could occur in the future. Under the 1998 Belfast/Good Friday Agreement, the Secretary of State for Northern Ireland may call a poll at any time. He or she would be required to do so if at any time it appeared likely that a majority of those voting would back a united Ireland. Most of the evidence suggests that this is some way off. But there are also signs that the majority in favour of the existing Union may have weakened, and that trend may continue. 

Yet, despite the possibility of a referendum, almost no thinking has been done about what the process would involve. The Working Group is seeking to fill that important gap. It takes no view on whether a referendum should happen or what the outcome of such a vote should be. But we think that planning for a referendum is important. Some people are eager for a vote in the coming years and will therefore no doubt be keen to discuss it. Others, we realise, view the prospect with great trepidation, and may not wish to give the idea undue prominence. We fully respect that. But we hope that even these people will see the value of planning ahead, just in case. Holding a vote without thinking through the process carefully in advance could be very destabilising, to the detriment of people across Northern Ireland.  Continue reading

The Secretary of State’s power to call a border poll in Northern Ireland: why British-Irish institutional cooperation is essential

Should there be a referendum on the issue of Irish unification, the Irish government would be expected to play a central role. Etain Tannam argues that Brexit created new tensions in British–Irish relations and has highlighted the need to have firm institutional cooperation between both governments before any referendum is called. As Irish unification would alter greatly the Irish state and the Irish electorate would have to approve of unification by referendum vote, the Irish government’s role is highly significant, even though it has no formal powers in this area in the Belfast/Good Friday Agreement. Moreover, the sensitivity of the unification issue and the need to avoid increasing the sectarian divide imply that longer term management by both governments and joint framing of the issue is required.

The Brexit referendum in 2016 almost immediately reignited the issue of Irish unification, given that a majority of the population in Northern Ireland voted to remain in the EU, including the vast majority of cultural Catholics. The unification issue has surfaced periodically since 2016, though with the exception of Sinn Féin, Irish political parties do not wish to place it on their agendas given its sensitivity. It is clear however that combined with demographic changes in Northern Ireland and the impact of Brexit on support for Scottish independence, there is far more informal discussion of Irish unification than in previous decades. Only the Secretary of State for Northern Ireland has the statutory power to call a referendum on Irish unification, if they perceive there to be evidence of majority support in Northern Ireland for unification. However, in practice, given the fundamental implications for the Irish state and given Irish governments’ role in the peace process and in the Belfast/Good Friday Agreement, the Irish government would be expected to play a central role.

There are many reasons why the Irish government’s role would be crucial. Unification would have complex and wide-ranging impacts on Ireland, necessitating an Irish input into the timing of a referendum on unification. Many referendums could be required to amend the Constitution, dealing with a range of issues, including federalisation of the state and of protection for unionist identity in a new state.  Continue reading