Tag Archives: Steve Baker

Devolution returns to Northern Ireland

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Two years after the Democratic Unionist Party put the institutions of the 1998 Belfast/Good Friday Agreement into suspension by withdrawing from them, those institutions returned, and devolved government exists in Northern Ireland again, headed by a Sinn Féin First Minister. Negotiations between the UK government and DUP led to a deal, embodied in a white paper. Alan Whysall looks at the paper, and the prospects for the Agreement settlement.

How we got here

The history of the dispute has been set out on this blog and a recent Constitution Unit podcast. Briefly, a Protocol to the EU Withdrawal Agreement left Northern Ireland effectively within the EU single market for goods and customs arrangements. This avoided the necessity for a border within the island of Ireland, which would be acutely difficult in both political and practical terms; it gave Northern Ireland rights to trade freely in the EU as well as Great Britain. But potentially it inhibited trade with GB, the symbolism of which antagonised some unionists. Hardline pressure grew. The Democratic Unionist Party (DUP) responded by withdrawing from the institutions in February 2022, thereby shutting them down.

The Windsor Framework, agreed between the UK and EU in 2023, was intended to respond to the DUP’s demands – but it stayed out. Negotiations went on, in private, between the DUP and London, reportedly involving Julian Smith, who more or less uniquely among recent secretaries of state is widely respected in Northern Ireland. There was also a brief interparty discussion in December in which the government made an offer of relief for Northern Ireland’s desperate public finances. But deadlines came and went.

Finally, a week or so ago, DUP leader Jeffrey Donaldson presented the proposals emanating from the negotiations to various party groupings; and securing majorities, albeit not it appears large ones, announced acceptance.

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Why the UK government must take a different approach to restoring devolution in Northern Ireland

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Alan Whysall discusses the prospects for the return of the Northern Ireland political institutions this autumn. He finds limited grounds for optimism and concludes that the responsibility for salvaging the Belfast/Good Friday Agreement settlement may now fall to the next British government. This post picks up themes from the author’s two most recent papers for the Constitution Unit, called Northern Ireland’s Political Future (NIPF) and The Agreement at 25.

As the July issue of Monitor recorded, visits from US President Joe Biden and other notables to celebrate the twenty-fifth anniversary of the Belfast/Good Friday Agreement had little apparent effect on Northern Ireland politics; nor did local government elections, at which Sinn Féin emerged triumphant. The principal Agreement institutions remained in abeyance, vetoed by the Democratic Unionist Party (DUP), which remains concerned about the Northern Ireland Protocol and Windsor Framework. At the time of writing, tensions are growing over policing, potentially deepening the political standoff. Northern Ireland meanwhile is being governed without government by civil servants who have very limited authority, together with occasional interventions from London.

Will devolution come back?

Before the summer, many commentators believed that the DUP would reach a deal in the autumn, claiming credit for aspects of the Windsor Framework, to bring back the institutions. This remains possible – many DUP careers depend on their existence. There have been suggestions of progress behind the scenes in the last few days. But it is now harder to be confident. Stasis until the UK general election seems possible, while the political, social and economic fabric of Northern Ireland deteriorates. Why?

First, the DUP may find compromise over the Protocol difficult. Negotiations are apparently going on between the party and the government, informed by a private 18-page DUP wish list. Its public demands for action on the Protocol, and on the threats it sees in it to Northern Ireland’s constitutional position, have been vaguely expressed, but the implication is that they are substantial. It seems unlikely that London can do very much to satisfy them without reopening the Protocol or the Agreement itself: and it has warned that it cannot do significantly more. So DUP supporters may be disappointed in any feasible compromise, and according to polling, they largely endorse the hard line taken so far. Senior party figures may be obdurate too, whatever the leader, Jeffrey Donaldson, wants: the former deputy leader, Lord (Nigel) Dodds of Duncairn, spoke vehemently of the ‘many unresolved and outstanding problems’ created by the Framework, suggesting London was merely peddling spin.

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The impact of Brexit on UK policy on Northern Ireland

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Conor Kelly and Etain Tannam argue that Brexit reversed much of the progress of past decades in Northern Ireland by signifying a return by the UK government to a unilateral approach that prioritised traditional sovereignty in both its relations with the Irish government and with devolved governments. They conclude that Brexit has deeply destabilised the political settlement in Northern Ireland.

In the first 5 months of 2023, Northern Ireland was rarely far from our front pages as the Windsor Framework was negotiated between the UK government and European Commission in February, and the world’s media descended on Belfast for the Belfast/Good Friday Agreement’s 25th-anniversary celebrations in April. Yet, the Stormont institutions remain suspended, and the Democratic Unionist Party (DUP) has thus far refused to accept the Windsor Framework as the basis for returning to power-sharing.

To understand Brexit’s impact on the government’s policy, one must examine if joint UK-Irish EU membership between 1973 and 2016 impacted UK policy to Northern Ireland. We argue that while the Europeanisation of UK government policy towards Northern Ireland can be overstated, it had an indirect impact on the peace process by influencing the strategy of its key architect, former Social Democratic and Labour Party (SDLP) leader John Hume. In particular the EU’s model of  institutionalised cooperation and consensual policy-making has echoes in the 1998 Agreement. Thus, the process of de-Europeanisation since 2016 has had a severely negative effect on political stability within Northern Ireland and UK-Irish relations.

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Northern Ireland: dangers and opportunities for London

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Northern Ireland is again governed by civil servants. Alan Whysall argues that London’s self-interest requires it to give Northern Ireland serious attention in coming months. But success may require more effort and time than is currently envisaged, and a return to the approach that led to the Belfast/Good Friday Agreement. Not making this commitment could have grave consequences for the entire Union, not just Northern Ireland.

This blog draws on the Unit’s report on Northern Ireland’s Political Future, published in May (hereafter referred to as the Report).

No government again

Northern Ireland has had no functioning Executive since the DUP’s withdrawal of its First Minister, in protest at the Northern Ireland Protocol, in February. The party declined to appoint a deputy First Minister following Assembly elections in May – when, for the first time, Sinn Féin emerged the largest party, entitled to the First Minister post (the DUP deny their refusal to appoint has anything to do with this, but Sinn Féin and others are sceptical). Government was carried on by ministers on a caretaker basis, unable to make controversial or crosscutting decisions, amid social and economic challenges often (as in the NHS) worse than in England. There is no budget and a £660 million overspend (exacerbated by the absence of an Executive). The DUP also blocked meetings of the Assembly.

On 28 October, with no Executive formed, the Secretary of State for Northern Ireland, Chris Heaton-Harris, came under a duty to hold further Assembly elections, before mid-January. By law, the caretaker ministers have now lost office, and civil servants are in charge.

Few wanted the elections, however, and either by his own decision or the Prime Minister’s, the Secretary of State announced emergency legislation on 9 November to put them off for 6, potentially 12 weeks. They could be avoided by the DUP agreeing to appoint an Executive by 8 December (19 January if extended). The legislation would also underpin civil servants’ powers, set a budget and enable the Secretary of State to reduce the pay of members of the Northern Ireland Assembly (MLAs).

Political prospects

The issue of the Northern Ireland Protocol remains intractable. The DUP refuses to return to devolution until it changes fundamentally; it appeared unimpressed by the threat to reduce MLA pay. The EU is willing to discuss implementing the Protocol more flexibly, but not to rewriting it.

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Can Dominic Cummings defy the political laws of gravity?

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meg_russell_2000x2500.jpgRecent news has been dominated by Dominic Cummings’ lockdown trip to Durham. As a serial rule-breaker, he seems intent on flouting the maxim that ‘when the adviser becomes the story, the adviser must go’. But with MPs returning today, other fundamental political rules may not be so easily broken, writes Meg Russell. All Prime Ministers depend on their backbenchers for support and, with Conservative MPs in open revolt over Cummings, Johnson’s backing for him may yet become untenable. In the Westminster system MPs are ultimately in charge, and there are ways in which they could assert their position.

The Prime Minister’s adviser Dominic Cummings doesn’t like to follow the rules. That’s not necessarily a statement on his lockdown-breaking trip to Durham – disdain for established rules, and specifically for conventional wisdom that can’t be directly enforced, is what Cummings has long been known for. For some, it’s seen as part of his ‘genius’. From flying a giant inflatable white elephant over the north-east during a referendum that destroyed Labour’s plans for English regional devolution, to the audacious ‘£350 million a week’ for the NHS on the Vote Leave battlebus, to the long-planned ‘people versus parliament’ election of 2019, his boundary-stretching has often proved a winning formula, and delivered for Boris Johnson.

Cummings has long shown particular disdain for traditional political institutions, and their old ways of doing things. He’s well-known for wanting to pursue radical reform of the civil service. Conservative Brexiteer MP Steve Baker, who was among the first to call for him to quit, credits Cummings with Johnson’s attempt to prorogue parliament for five weeks, which was overturned in the Supreme Court. That move, like several others associated with Cummings, indicated his view that conventions, or the ‘accepted way of doing things’ count for nothing, while all that matters is the letter of the law. Other examples include suggestions to ‘pack’ the House of Lords with hundreds more Brexit-supporting peers, or to advise the Queen not to sign a rebel bill into law. Indeed ‘Downing Street sources’ went even further late last year, suggesting that Johnson might refuse to abide by a law passed by parliament. Continue reading →