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 in England: a review

On Monday 10 April Professor Tony Travers of the London School of Economics (LSE) spoke at a Constitution Unit seminar on devolution in England. The talk covered the history of English devolution, international comparisons, and some thoughts for the future amidst the current Brexit-dominated political landscape. Kasim Khorasanee reports.

English devolution – the delegation of powers, responsibility, and accountability from central Whitehall/Westminster government to sub-national levels – has had a fitful and uneven history. Its inevitable comparators are the devolution processes to Northern Ireland, Scotland, and Wales which took place from the late 1990s onwards. All three received national devolved governments and legislatures. More recently, Scotland and Wales have been the subjects of significant fiscal devolution. England, on the other hand, appears to have been left out in the cold – having no devolved government outside London, and both fewer MPs and lower public expenditure per head of population than other parts of the UK. Professor Travers explained that historically this trade-off was seen as necessary to maintain the Union – it was felt that an assertive England would dominate any federal union, for example its budget would be significantly larger than a federal UK government’s. However, devolution to the other UK nations had stirred something of a burgeoning sense of English identity.

English devolution – a brief history

Taking us on a canter through the history of English devolution, Travers began with Labour’s aborted attempts in the 1970s. The Kilbrandon Report (1973) recommended regional devolution within England, as well as legislatures for Wales and Scotland. The Layfield Report (1976) emphasised the importance of local accountability and responsibility for financial matters. Both failed to be implemented, and attempts at Scottish and Welsh devolution played a key part in the fall of the Labour government. The ensuing Conservative government in the 1980s brought to an end a number of significant devolved entities – metropolitan counties, the Greater London Council, and the Greater Manchester County Council. It was under Tony Blair’s Labour government that devolution received its new life. However, while Scotland, Wales and Northern Ireland received devolved assemblies, regional devolution within England was stopped short by the North East referendum (2004). But the North East was offered ‘nothing like’ the powers devolved to Scotland and Wales. An opposition campaign, illustrating their point with a life-sized white elephant, convincingly defeated the devolution proposal by 78 per cent to 22 per cent. This left the idea of regions ‘doomed – possibly forever’. In terms of new elected bodies, the only significant change was hence the resurrection of London-wide government, with the establishment of the Greater London Assembly and London Mayor in 2000.

City regions and fiscal devolution

Travers flagged that ‘city regions’ have since taken over as the focus of English devolution efforts. He drew a parallel between Tony Blair’s presidential governing style, and his push for city regions to be led by further directly-elected mayors. This enthusiasm was carried on by David Cameron, who continued to build on his predecessor’s policy. City regional mayors were made a condition of greater devolution to combined authorities. Travers emphasised that the current legislative framework for English devolution envisaged highly ‘bespoke’ devolution across the country. In doing so he highlighted that this could result in wide – seemingly random – disparities in the functions devolved to different city regions. One area which appeared quite resistant to change, however, was fiscal devolution. Although the aforementioned Layfield Report, and more recently the London Finance Commission’s reports (2013 & 2017), called for localised responsibility for taxation, central government has traditionally been highly reluctant to implement this. Travers acknowledged that responsibility for local business rates was being devolved to local government by 2020, but pointed out that it was being offset by the phasing out of the central grant to councils.

To put the UK’s lack of fiscal devolution in context Travers drew on international comparisons. He cited OECD statistics setting out the UK’s sub-national tax-raising as 1.6 per cent of GDP. By comparison Sweden, Canada, and Germany all had figures of over 10 per cent, the OECD average sitting at 8.8 per cent. The UK was very much an outlier in this respect (see below).

Similarly there are far fewer taxes devolved to London when compared with other capitals such as New York, Berlin, Tokyo, and Paris. In sum there would have to be far more radical change than currently envisaged to bring the UK into alignment with OECD trends.

Current government policy

From speaking to civil servants, Travers identified that Theresa May’s Conservative government intended to shift its emphasis away from devolution. The current ongoing processes for the May 2017 elected mayors, the 2018 mayoral election in Sheffield, and the potential for a ‘North of Tyne’ combined authority and mayor, were the extent of the devolution policy horizon. In a piece of analysis which drew chuckles from the audience he cited the number of UK budget mentions of the phrases ‘devolution’, ‘Northern Powerhouse’, and ‘mayor’ between March 2013 and March 2017. There was a spike in mentions after the coalition – between 2015 and 2016 the average number of mentions of the three phrases per budget document was 31, 14, and 13 respectively. However this dropped sharply in Philip Hammond’s March 2017 budget to eight, one, and zero mentions respectively.

Mayors and communal identities

Travers suggested that the experience of London indicated that the introduction of directly elected mayors for city regions across the UK could have significant implications. As well as having a generally higher turnout compared to local elections, London’s mayoral elections have helped cement the idea of London as a political unit in people’s minds. Devolution can reinforce a sense of difference from the whole, and Travers drew attention to the fact that the three significant ‘Remain’ regions in the EU referendum – Greater London, Northern Ireland, and Scotland – were also the subjects of significant devolution (though the balance of votes in Wales was for ‘Leave’). In the case of London this sense of civic identity had not yet gained enough momentum to push for Scottish or Welsh-style devolution. However, Travers did note an increase in the number of news articles discussing London independence. He suspected that the incoming 2017 elected mayors would – as London’s mayor had historically done – lobby for increased powers once in office. As a body the mayors could hence potentially become a lobby for English devolution. Given the consistent electoral popularity of London’s mayors, and some of the high profile candidates for the incoming May 2017 mayoral elections, these positions might also increasingly prove a staging ground for national political careers.

Reflections

In considering why England was so centralised Professor Travers reflected on a variety of explanations – the historic power of the Crown, the end of Empire, and the conflicts with local government across the 1970s and 80s. Ultimately, he expressed uncertainty about the reason, but suggested that national politicians in the UK appear to instinctively have little faith in sub-national government. Ultimately the future of English devolution is tied up with wider forces – the fate of the Union, austerity and the financing of the state, and the Brexit process.

About the speaker

Professor Tony Travers is a Professor at the LSE, and Director of the LSE London research centre

About the author

Kasim Khorasanee is a Research Volunteer at The Constitution Unit

Beyond metro mayors and ‘secret deals’: rethinking devolution in England

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As the guard changes in Westminster and new government seeks to differentiate itself from its predecessor, it is timely to review the state of the devolution debate, argues John Tomaney. Policymakers need to learn from the US experience and reconsider the fixation on mayors. Just as importantly, the problem with ‘secret deals’ must be addressed if devolution is going to have any real democratic credentials.

The Cameron/Osborne approach to devolution had a number of distinctive features. Chief among these was its fixation with the directly elected metro-mayor as the answer to urban governance problem. In the government’s diagnosis this model of governance addresses weaknesses in fragmented systems, improves democratic accountability and bring city- regions together round common economic development strategies. The government claimed:

The experience of London and other major international cities suggests that a directly elected mayor can cut through difficulties [of urban governance]. The government has therefore been clear that devolution of significant powers will rest on cities agreeing to rationalise governance and put in place a mayor to inspire confidence.

But there is limited evidence to support these claims about the impact of directly elected mayors on local economic growth and the improvement of local services. Many of the assertions made in the English debate rest on more or less persuasive anecdotes drawn principally from the US experience and the limited experience in London.

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