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UK Devolution & NI
Peace Process
Thomas Phipps
British Embassy Manila
UNCLASSIFIED
Overview
> Since 1999 UK governance transformed
> Referenda / plebiscites held:
– Scotland 74%
– Wales 50.3%
– Northern Ireland 71%
– (Eire 94.4%)
> Legislation passed 1998
> 3 new devolved governments
> Elections in May 1999
What is devolution?
> Devolution is the statutory granting of powers from the central
government of a sovereign state to government at
a subnational level.
– Differs from federalism
– UK Parliament remains sovereign in law
– Asymmetric: no ‘English Parliament’
– Nature of devolved powers varies
> Devolved powers of the subnational authority may be
temporary and ultimately reside in central government –
legislation creating devolved governments may be
amended or repealed.
Devolution in UK
> Self government for Scotland, Wales and Northern Ireland within the UK
> Legislative powers for the elected Scottish Parliament, National Assembly
for Wales and Northern Ireland Assembly.
> Executive devolution to the Scottish Government (formerly Executive),
Welsh Assembly Government and Northern Ireland Executive.
The excepted / reserved powers
> Constitutional matters – including the crown
> Foreign policy, defence and relations with the EU
> Macro-economic policy and taxation (apart from income tax in Scotland)
> Overseas trade
> Employment legislation
> Social Security
> Broadcasting
The devolved powers
SCOTLAND WALES N. IRELAND
Agriculture, forestry & fishing Agriculture, forestry & fishing Agriculture
Education Education Education
Environment Environment Environment
Health Health Health
Housing Housing Enterprise, trade &
investment
Justice, policing & courts Local government Social services
Local government Fire & rescue services Justice & policing (Since 2010)
Fire service Highways & transport
Economic development Economic development
Some transport
Financial Arrangements
> Spending funded by a block grant.
> Amount of block grant is determined by the Barnett formula.
> Population Proportions:
– Scotland - 10.03
– Wales - 5.79
– Northern Ireland - 3.45
> PHP 2010 billion for Scotland in 2015
> NI significant additional funds
The Sewel Convention
“as happened in Northern Ireland earlier in
the century, we 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.”
Memorandum of Understanding:
“The UK Government
will proceed in accordance with the
convention that the UK Parliament would
not normally legislate with regard to
devolved matters except with the agreement
of the devolved legislature.”
The non-statutory framework
> Three acts of parliament set out the statutory framework
> Series of concordats provide the non-statutory framework
> Inter-governmental relations
> Memorandum of Understanding is the most important
Joint Ministerial Committee (JMC)
> Central coordination of the overall relationship between the administrations
> Consultative rather than executive body
> Mainly chaired by the Deputy Prime Minister
> Impact of devolved matters on non-devolved matters and vice-versa
> Where both sides agree, may consider devolved matters
> Dispute resolution
Northern Ireland Conflict
Causes of Conflict
•Politics – The existence and nature of Northern Ireland.
•Violence - Society was brutalised.
•Segregation - demographic and social segregation.
•Governance - Inequality and poor governance.
Parallels with Bangsamoro
•Complex web of factors that contributed to conflict
•Policies of settlement or colonisation
•Series of agreements over a number of years
•Significant leadership efforts
•Role of the international community
•Decommissioning, police reform, normalisation
•Ratification by plebiscite or referendum
•Power sharing, wealth sharing arrangements similar
Differences from Bangsamoro
•Greater levels of sectarian violence in Northern Ireland
•Very different development context
•Conflict felt throughout whole country
•Northern Ireland was a national agenda
•Parliamentary style meant stronger govt. mandate
•Agreement provided a future possibility for secession
Lessons
1. No conflict is intractable
2. If there is a political problem at the route of a conflict
there must be a political solution
3. All parties must accept that a military solution is not
viable
4. Political leadership on all sides is critical
5. Achieving lasting peace takes many years
6. Decommissioning weapons is less important than
commitment to pursue objectives though peaceful
means
Lessons (cont.)
7. International involvement is hugely helpful
8. Violent groups will always exist but the challenge is
removing their support
9. Lasting peace requires good governance and
provision of basic services
10. Communities must feel safe – policing should be
community driven
11. Genuine, inclusive autonomy need not erode
national sovereignty
12. Peace is for everyone
Omagh Bombing
Maraming Salamat!

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With Bangsamoro in mind, How PH can Learn from UK and its Handling of Ireland

  • 1. UK Devolution & NI Peace Process Thomas Phipps British Embassy Manila UNCLASSIFIED
  • 2. Overview > Since 1999 UK governance transformed > Referenda / plebiscites held: – Scotland 74% – Wales 50.3% – Northern Ireland 71% – (Eire 94.4%) > Legislation passed 1998 > 3 new devolved governments > Elections in May 1999
  • 3. What is devolution? > Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level. – Differs from federalism – UK Parliament remains sovereign in law – Asymmetric: no ‘English Parliament’ – Nature of devolved powers varies > Devolved powers of the subnational authority may be temporary and ultimately reside in central government – legislation creating devolved governments may be amended or repealed.
  • 4. Devolution in UK > Self government for Scotland, Wales and Northern Ireland within the UK > Legislative powers for the elected Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly. > Executive devolution to the Scottish Government (formerly Executive), Welsh Assembly Government and Northern Ireland Executive.
  • 5. The excepted / reserved powers > Constitutional matters – including the crown > Foreign policy, defence and relations with the EU > Macro-economic policy and taxation (apart from income tax in Scotland) > Overseas trade > Employment legislation > Social Security > Broadcasting
  • 6. The devolved powers SCOTLAND WALES N. IRELAND Agriculture, forestry & fishing Agriculture, forestry & fishing Agriculture Education Education Education Environment Environment Environment Health Health Health Housing Housing Enterprise, trade & investment Justice, policing & courts Local government Social services Local government Fire & rescue services Justice & policing (Since 2010) Fire service Highways & transport Economic development Economic development Some transport
  • 7. Financial Arrangements > Spending funded by a block grant. > Amount of block grant is determined by the Barnett formula. > Population Proportions: – Scotland - 10.03 – Wales - 5.79 – Northern Ireland - 3.45 > PHP 2010 billion for Scotland in 2015 > NI significant additional funds
  • 8. The Sewel Convention “as happened in Northern Ireland earlier in the century, we 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.” Memorandum of Understanding: “The UK Government will proceed in accordance with the convention that the UK Parliament would not normally legislate with regard to devolved matters except with the agreement of the devolved legislature.”
  • 9. The non-statutory framework > Three acts of parliament set out the statutory framework > Series of concordats provide the non-statutory framework > Inter-governmental relations > Memorandum of Understanding is the most important
  • 10. Joint Ministerial Committee (JMC) > Central coordination of the overall relationship between the administrations > Consultative rather than executive body > Mainly chaired by the Deputy Prime Minister > Impact of devolved matters on non-devolved matters and vice-versa > Where both sides agree, may consider devolved matters > Dispute resolution
  • 12. Causes of Conflict •Politics – The existence and nature of Northern Ireland. •Violence - Society was brutalised. •Segregation - demographic and social segregation. •Governance - Inequality and poor governance.
  • 13. Parallels with Bangsamoro •Complex web of factors that contributed to conflict •Policies of settlement or colonisation •Series of agreements over a number of years •Significant leadership efforts •Role of the international community •Decommissioning, police reform, normalisation •Ratification by plebiscite or referendum •Power sharing, wealth sharing arrangements similar
  • 14. Differences from Bangsamoro •Greater levels of sectarian violence in Northern Ireland •Very different development context •Conflict felt throughout whole country •Northern Ireland was a national agenda •Parliamentary style meant stronger govt. mandate •Agreement provided a future possibility for secession
  • 15. Lessons 1. No conflict is intractable 2. If there is a political problem at the route of a conflict there must be a political solution 3. All parties must accept that a military solution is not viable 4. Political leadership on all sides is critical 5. Achieving lasting peace takes many years 6. Decommissioning weapons is less important than commitment to pursue objectives though peaceful means
  • 16. Lessons (cont.) 7. International involvement is hugely helpful 8. Violent groups will always exist but the challenge is removing their support 9. Lasting peace requires good governance and provision of basic services 10. Communities must feel safe – policing should be community driven 11. Genuine, inclusive autonomy need not erode national sovereignty 12. Peace is for everyone

Editor's Notes

  1. I mentioned that the UK Parliament remains sovereign in law and can still in theory legislate for Scotland, Wales and Northern Ireland. However, the reality is that this would not happen without the consent of the devolved administration.   Lord Sewel, was the Scotland Office minister in the House of Lords responsible for the conduct of the Scotland bill in 1998. During the second reading debate he said the above. When the subsequent memorandum of understanding on intergovernmental relations (which I will describe shortly) was drafted it captured Lord Sewel’s point, which has subsequently become known as the Sewel Convention. Motions giving consent under the convention are now known as Legislative Consent Motions.