Tag Archives: Scottish Government

We all want ‘evidence based policy making’ but how do we do it?

Here are some notes for my talk to the Scottish Government on Thursday as part of its ‘inaugural ‘evidence in policy week’. The advertised abstract is as follows:

A key aim in government is to produce ‘evidence based’ (or ‘informed’) policy and policymaking, but it is easier said than done. It involves two key choices about (1) what evidence counts and how you should gather it, and (2) the extent to which central governments should encourage subnational policymakers to act on that evidence. Ideally, the principles we use to decide on the best evidence should be consistent with the governance principles we adopt to use evidence to make policy, but what happens when they seem to collide? Cairney provides three main ways in which to combine evidence and governance-based principles to help clarify those choices.

I plan to use the same basic structure of the talks I gave to the OSF (New York) and EUI-EP (Florence) in which I argue that every aspect of ‘evidence based policy making’ is riddled with the necessity to make political choices (even when we define EBPM):

ebpm-5-things-to-do

I’ll then ‘zoom in’ on points 4 and 5 regarding the relationship between EBPM and governance principles. They are going to videotape the whole discussion to use for internal discussions, but I can post the initial talk here when it becomes available. Please don’t expect a TED talk (especially the E part of TED).

EBPM and good governance principles

The Scottish Government has a reputation for taking certain governance principles seriously, to promote high stakeholder ‘ownership’ and ‘localism’ on policy, and produce the image of a:

  1. Consensual consultation style in which it works closely with interest groups, public bodies, local government organisations, voluntary sector and professional bodies, and unions when making policy.
  2. Trust-based implementation style indicating a relative ability or willingness to devolve the delivery of policy to public bodies, including local authorities, in a meaningful way

Many aspects of this image were cultivated by former Permanent Secretaries: Sir John Elvidge described a ‘Scottish Model’ focused on joined-up government and outcomes-based approaches to policymaking and delivery, and Sir Peter Housden labelled the ‘Scottish Approach to Policymaking’ (SATP) as an alternative to the UK’s command-and-control model of government, focusing on the ‘co-production’ of policy with local communities and citizens.

The ‘Scottish Approach’ has implications for evidence based policy making

Note the major implication for our definition of EBPM. One possible definition, derived from ‘evidence based medicine’, refers to a hierarchy of evidence in which randomised control trials and their systematic review are at the top, while expertise, professional experience and service user feedback are close to the bottom. An uncompromising use of RCTs in policy requires that we maintain a uniform model, with the same basic intervention adopted and rolled out within many areas. The focus is on identifying an intervention’s ‘active ingredient’, applying the correct dosage, and evaluating its success continuously.

This approach seems to challenge the commitment to localism and ‘co-production’.

At the other end of the spectrum is a storytelling approach to the use of evidence in policy. In this case, we begin with key governance principles – such as valuing the ‘assets’ of individuals and communities – and inviting people to help make and deliver policy. Practitioners and service users share stories of their experiences and invite others to learn from them. There is no model of delivery and no ‘active ingredient’.

This approach seems to challenge the commitment to ‘evidence based policy’

The Goldilocks approach to evidence based policy making: the improvement method

We can understand the Scottish Government’s often-preferred method in that context. It has made a commitment to:

Service performance and improvement underpinned by data, evidence and the application of improvement methodologies

So, policymakers use many sources of evidence to identify promising, make broad recommendations to practitioners about the outcomes they seek, and they train practitioners in the improvement method (a form of continuous learning summed up by a ‘Plan-Do-Study-Act’ cycle).

Table 1 Three ideal types EBBP

This approach appears to offer the best of both worlds; just the right mix of central direction and local discretion, with the promise of combining well-established evidence from sources including RCTs with evidence from local experimentation and experience.

Four unresolved issues in decentralised evidence-based policy making

Not surprisingly, our story does not end there. I think there are four unresolved issues in this process:

  1. The Scottish Government often indicates a preference for improvement methods but actually supports all three of the methods I describe. This might reflect an explicit decision to ‘let a thousand flowers bloom’ or the inability to establish a favoured approach.
  2. There is not a single way of understanding ‘improvement methodology’. I describe something akin to a localist model here, but other people describe a far more research-led and centrally coordinated process.
  3. Anecdotally, I hear regularly that key stakeholders do not like the improvement method. One could interpret this as a temporary problem, before people really get it and it starts to work, or a fundamental difference between some people in government and many of the local stakeholders so important to the ‘Scottish approach’.

4. The spectre of democratic accountability and the politics of EBPM

The fourth unresolved issue is the biggest: it’s difficult to know how this approach connects with the most important reference in Scottish politics: the need to maintain Westminster-style democratic accountability, through periodic elections and more regular reports by ministers to the Scottish Parliament. This requires a strong sense of central government and ministerial control – if you know who is in charge, you know who to hold to account or reward or punish in the next election.

In principle, the ‘Scottish approach’ provides a way to bring together key aims into a single narrative. An open and accessible consultation style maximises the gathering of information and advice and fosters group ownership. A national strategic framework, with cross-cutting aims, reduces departmental silos and balances an image of democratic accountability with the pursuit of administrative devolution, through partnership agreements with local authorities, the formation of community planning partnerships, and the encouragement of community and user-driven design of public services. The formation of relationships with public bodies and other organisations delivering services, based on trust, fosters the production of common aims across the public sector, and reduces the need for top-down policymaking. An outcomes-focus provides space for evidence-based and continuous learning about what works.

In practice, a government often needs to appear to take quick and decisive action from the centre, demonstrate policy progress and its role in that progress, and intervene when things go wrong. So, alongside localism it maintains a legislative, financial, and performance management framework which limits localism.

How far do you go to ensure EBPM?

So, when I describe the ‘5 things to do’, usually the fifth element is about how far scientists may want to go, to insist on one model of EBPM when it has the potential to contradict important governance principles relating to consultation and localism. For a central government, the question is starker:

Do you have much choice about your model of EBPM when the democratic imperative is so striking?

I’ll leave it there on a cliff hanger, since these are largely questions to prompt discussion in specific workshops. If you can’t attend, there is further reading on the EBPM and EVIDENCE tabs on this blog, and specific papers on the Scottish dimension

The ‘Scottish Approach to Policy Making’: Implications for Public Service Delivery

Paul Cairney, Siabhainn Russell and Emily St Denny (2016) “The ‘Scottish approach’ to policy and policymaking: what issues are territorial and what are universal?” Policy and Politics, 44, 3, 333-50

The politics of evidence-based best practice: 4 messages

 

 

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Filed under ESRC Scottish Centre for Constitutional Change, Evidence Based Policymaking (EBPM), public policy, Scottish politics, Storytelling

Early intervention policy, from ‘troubled families’ to ‘named persons’: problems with evidence and framing ‘valence’ issues

Imagine this as your ‘early intervention’ policy choice: (a) a universal and non-stigmatising programme for all parents/ children, with minimal evidence of effectiveness, high cost, and potential public opposition about the state intervening in family life; or (b) a targeted, stigmatising programme for a small number, with more evidence, less cost, but the sense that you are not really intervening ‘early’ (instead, you are waiting for problems to arise before you intervene). What would you do, and how would you sell your choice to the public?

I ask this question because ‘early intervention’ seems to the classic valence issue with a twist. Most people seem to want it in the abstract: isn’t it best to intervene as early as possible in a child’s life to protect them or improve their life chances?

However, profound problems or controversies arise when governments try to pursue it. There are many more choices than I presented, but the same basic trade-offs arise in each case. So, at the start, it looks like you have lucked onto a policy that almost everyone loves. At the end, you realise that you can’t win. There is no such thing as a valence issue at the point of policy choice and delivery.

To expand on these dilemmas in more depth, I compare cases of Scottish and UK Government ‘families policies’. In previous posts, I portrayed their differences – at least in the field of prevention and early intervention policies – as more difficult to pin down than you might think. Often, they either say the same things but ‘operationalise’ them in very different ways, or describe very different problems then select very similar solutions.

This basic description sums up very similar waves of key ‘families policies’ since devolution: an initial focus on social inclusion, then anti-social behaviour, followed by a contemporary focus on ‘whole family’ approaches and early intervention. I will show how they often go their own ways, but note the same basic context for choice, and similar choices, which help qualify that picture.

Early intervention & prevention policies are valence issues …

A valence (or ‘motherhood and apple pie’) issue is one in which you can generate huge support because the aim seems, to most people, to be obviously good. Broad aims include ‘freedom’ and ‘democracy’. In the UK specific aims include a national health service free at the point of use. We often focus on valence issues to highlight the importance of a political party’s or leader’s image of governing competence: it is not so much what we want (when the main parties support very similar things), but who you trust to get it.

Early intervention seems to fit the bill: who would want you to intervene late or too late in someone’s life when you can intervene early, to boost their life chances at an early stage as possible? All we have to do is work out how to do it well, with reference to some good evidence. Yet, as I discuss below, things get complicated as soon as we consider the types of early intervention available, generally described roughly as a spectrum from primary (stop a problem occurring and focus on the whole population – like a virus inoculation) to secondary (address a problem at an early stage, using proxy indicators to identify high-risk groups), and tertiary (stop a problem getting worse in already affected groups).

Similarly, look at how Emily St Denny and I describe prevention policy. Would many people object to the basic principles?

“In the name of prevention, the UK and Scottish Governments propose to radically change policy and policymaking across the whole of government. Their deceptively simple definition of ‘prevention policy’ is: a major shift in resources, from the delivery of reactive public services to solve acute problems, to the prevention of those problems before they occur. The results they promise are transformative, to address three crises in politics simultaneously: a major reduction in socioeconomic equalities by focusing on their ‘root causes’; a solution to unsustainable public spending which is pushing public services to breaking point; and, new forms of localised policymaking, built on community and service user engagement, to restore trust in politics”.

… but the evidence on their effectiveness is inconvenient …

A good simple rule about ‘evidence-based policymaking’ is that there is never a ‘magic bullet’ to tell you what to do or take the place of judgement. Politics is about making choices which benefit some people while others lose out. You can use evidence to help clarify those choices, but not produce a ‘technical’ solution. A further rule with ‘wicked’ problems is that the evidence is not good enough even to generate clarity about the cause of the problem. Or, you simply find out things you don’t want to hear.

Early intervention seems to be a good candidate for the latter, for three main reasons:

  1. Very few interventions live up to high evidence standards

There are two main types of relevant ‘evidence based’ interventions in this field. The first are ‘family intervention projects’ (FIPs). They generally focus on low income, often lone parent, families at risk of eviction linked to factors such as antisocial behaviour, and provide two forms of intervention: intensive 24/7 support, including after school clubs for children and parenting skills classes, and treatment for addiction or depression in some cases, in dedicated core accommodation with strict rules on access and behaviour; and an outreach model of support and training. The evidence of success comes from evaluation and a counterfactual: this intervention is expensive, but we think that it would have cost far more money and heartache if we had not intervened to prevent (for example) family homelessness. There is generally no randomised control trial (RCT) to establish the cause of improved outcomes, or demonstrate that those outcomes would not have happened without an intervention of this sort.

The second are projects imported from other countries (primarily the US and Australia) based on their reputation for success. This reputation has been generated according to evidential rules associated with ‘evidence based medicine’ (EBM), in which there is relatively strong adherence to a hierarchy of evidence, with RCTs and their systematic review at the top, and the belief that there should be ‘fidelity’ to programmes to make sure that the ‘dosage’ of the intervention is delivered properly and its effect measured. Key examples include the Family Nurse Partnership (although its first UK RCT evaluation was not promising), Triple P (although James Coyne has his doubts!), and Incredible Years (but note the importance of ‘indicated’ versus ‘selective’ programmes, below). In this approach, there may be more quantitative evidence of success, but it is still difficult to know if the project can be transferred effectively and if its success can be replicated in another country with a very different political drivers, problems, and levels of existing services. We know that some interventions are associated with positive outcomes, but we struggle to establish definitively that they caused them (solely, separate from their context).

  1. The evidence on ‘scaling up’ for primary prevention is relatively weak

Kenneth Dodge (2009) sums up a general problem with primary prevention in this field. It is difficult to see much evidence of success because: there are few examples of taking effective specialist projects ‘to scale’; there are major issues around ‘fidelity’ to the original project when you scale up (including the need to oversee a major expansion in well-trained practitioners); and, it is difficult to predict the effect of a programme, which showed promise when applied to one population, to a new and different population.

  1. The evidence on secondary early intervention is also weak

This point about different populations with different motivations is demonstrated in a more recent (published 2014) study by Stephen Scott et al of two Incredible Years interventions – to address ‘oppositional defiant disorder symptoms and antisocial personality character traits’ in children aged 3-7 (for a wider discussion of such programmes see the Early Intervention Foundation’s Foundations for life: what works to support parent child interaction in the early years?).

They highlight a classic dilemma in early intervention: the evidence of effectiveness is only clear when children have been clinically referred (‘indicated approach’), but unclear when children have been identified as high risk using socioeconomic predictors (‘selective approach’):

An indicated approach is simpler to administer, as there are fewer children with severe problems, they are easier to identify, and their parents are usually prepared to engage in treatment; however, the problems may already be too entrenched to treat. In contrast, a selective approach targets milder cases, but because problems are less established, whole populations have to be screened and fewer cases will go on to develop serious problems.

For our purposes, this may represent the most inconvenient form of evidence on early intervention: you can intervene early on the back of very limited evidence of likely success, or have a far higher likelihood of success when you intervene later, when you are running out of time to call it ‘early intervention’.

… so governments have to make and defend highly ‘political’ choices …

I think this is key context in which we can try to understand the often-different choices by the UK and Scottish Governments. Faced with the same broad aim, to intervene early to prevent poor outcomes, the same uncertainty and lack of evidence that their interventions will produce the desired effect, and the same need to DO SOMETHING rather than wait for the evidence that may never arise, what do they do?

Both governments often did remarkably similar things before they did different things

From the late 1990s, both governments placed primary emphasis initially on a positive social inclusion agenda, followed by a relatively negative focus on anti-social behaviour (ASB), before a renewed focus on the social determinants of inequalities and the use of early intervention to prevent poor outcomes.

Both governments link families policies strongly to parenting skills, reinforcing the idea that parents are primarily responsible for the life chances of their children.

Both governments talk about getting away from deficit models of intervention (the Scottish Government in particular focuses on the ‘assets’ of individuals, families, and communities) but use deficit-model proxies to identify families in need of support, including: lone parenthood, debt problems, ill health (including disability and depression), and at least one member subject to domestic abuse or intergenerational violence, as well as professional judgements on the ‘chaotic’ or ‘dysfunctional’ nature of family life and of the likelihood of ‘family breakdown’ when, for example, a child it taken into care.

So, when we consider their headline-grabbing differences, note this common set of problems and drivers, and similar responses.

… and selling their early intervention choices is remarkably difficult …

Although our starting point was valence politics, prevention and early intervention policies are incredibly hard to get off the ground. As Emily St Denny and I describe elsewhere, when policymakers ‘make a sincere commitment to prevention, they do not know what it means or appreciate the scale of their task. They soon find a set of policymaking constraints that will always be present. When they ‘operationalise’ prevention, they face several fundamental problems, including: the identification of ‘wicked’ problems which are difficult to define and seem impossible to solve; inescapable choices on how far they should go to redistribute income, distribute public resources, and intervene in people’s lives; major competition from more salient policy aims which prompt them to maintain existing public services; and, a democratic system which limits their ability to reform the ways in which they make policy. These problems may never be overcome. More importantly, policymakers soon think that their task is impossible. Therefore, there is high potential for an initial period of enthusiasm and activity to be replaced by disenchantment and inactivity, and for this cycle to be repeated without resolution’.

These constraints refer to the broad idea of prevention policy, while specific policies can involve different drivers and constraints. With general prevention policy, it is difficult to know what government policy is and how you measure its success. ‘Prevention’ is vague, plus governments encourage local discretion to adapt the evidence of ‘what works’ to local circumstances.

Governments don’t get away with this regarding specific policies. Instead, Westminster politics is built on a simple idea of accountability in which you know who is in charge and therefore to blame. UK central governments have to maintain some semblance of control because they know that people will try to hold them to account in elections and general debate. This ‘top down’ perspective has an enduring effect, particularly in the UK, but also the Scottish, government.

… so the UK Government goes for it and faces the consequences ….

‘Troubled Families’ in England: the massive expansion of secondary prevention?

So, although prevention policy is vague, individual programmes such as ‘troubled families’ contain enough detail to generate intense debate on central government policy and performance and contain elements which emphasise high central direction, including sustained ministerial commitment, a determination to demonstrate early success to justify a further rollout of policy, and performance management geared towards specific measurable short term outcomes – even if the broader aim is to encourage local discretion and successful long term outcomes.

In the absence of unequivocally supportive evidence (which may never appear), the UK government relied on a crisis (the London riots in 2011) to sell policy, and ridiculous processes of estimation of the size of the problem and performance measurement to sell the success of its solution. In this system, ministers perceive the need to display strength, show certainty that they have correctly diagnosed a problem and its solution, and claim success using the ‘currency’ of Westminster politics – and to do these things far more quickly than the people gathering evidence of more substantive success. There is a lot of criticism of the programme in terms of its lack, or cynical use, of evidence but little of it considers policy from an elected government’s perspective.

…while the Scottish Government is more careful, but faces unintended consequences

This particular UK Government response has no parallel in Scotland. The UK Government is far more likely than its Scottish counterpart to link families policies to a moral agenda in response to crisis, and there is no Scottish Government equivalent to ‘payment by results’ and massive programme expansion. Instead, it continued more modest roll-outs in partnership with local public bodies. Indeed, if we ‘zoom in’ to this one example, at this point in time, the comparison confirms the idea of a ‘Scottish Approach’ to policy and policymaking.

Yet, the Scottish Government has not solved the problems I describe in this post: it has not found an alternative ‘evidence based’ way to ‘scale up’ early intervention significantly and move from secondary/ tertiary forms of prevention to the more universal/ primary initiatives that you might associate intuitively with prevention policy.

Instead, its different experiences have highlighted different issues. For example, its key vehicle for early intervention and prevention is the ‘collaborative’ approach, such as in the Early Years Collaborative. Possibly, it represents the opposite of the UK’s attempt to centralise and performance-manage-the-hell-out-of the direction of major expansion.

Table 1 Three ideal types EBBP

Certainty, with this approach, your main aim is not to generate evidence of the success of interventions – at least not in the way we associate with ‘evidence based medicine’, randomised control trials, and the star ratings developed by the Early Intervention Foundation. Rather, the aim is to train local practitioners to use existing evidence and adapt it to local circumstances, experimenting as you go, and gathering/using data on progress in ways not associated with, for example, the family nurse partnership.

So, in terms of the discussion so far, perhaps its main advantage is that a government does not have to sell its political choices (it is more of a delivery system than a specific intervention) or back them up with evidence of success elsewhere. In the absence of much public, media, or political party attention, maybe it’s a nice pragmatic political solution built more on governance principles than specific evidence.

Yet, despite our fixation with the constitution, some policy issues do occasionally get discussed. For our purposes, the most relevant is the ‘named person’ scheme because it looks like a way to ‘scale up’ an initiative to support a universal or primary prevention approach and avoid stigmatising some groups by offering a service to everyone (in this respect, it is the antithesis to ‘troubled families’). In this case, all children in Scotland (and their parents or guardians) get access to a senior member of a public service, and that person acts as a way to ‘join up’ a public sector response to a child’s problems.

Interestingly, this universal approach has its own problems. ‘Troubled families’ sets up a distinction between troubled/ untroubled to limit its proposed intervention in family life. Its problem is the potential to stigmatise and demoralise ‘troubled’ families. ‘Named person’ shows the potential for greater outcry when governments try to not identify and stigmatise specific families. The scheme is largely a response to the continuous suggestion – made after high profile cases of child abuse or neglect – that children can suffer when no agency takes overall responsibility for their care, but has been opposed as excessive infringement on normal family life and data protection, successfully enough to delay its implementation.

The punchline to early intervention as a valence issue

Problems arise almost instantly when you try to turn a valence issue into something concrete. A vague and widely-supported policy, to intervene early to prevent bad outcomes, becomes a set of policy choices based on how governments frame the balance between ideology, stigma, and the evidence of the impact and cost-effectiveness of key interventions (which is often very limited).

Their experiences are not always directly comparable, but the UK and Scottish Governments have helped show us the pitfalls of concrete approaches to prevention and early intervention. They help us show that your basic policy choices include: (a) targeted programmes which increase stigma, (b) ‘indicated’ approaches which don’t always look like early intervention; (c) ‘selective’ approaches which seem to be less effective despite intervening at an earlier stage, (d) universal programmes which might cross a notional line between the state and the family, and (e) approaches which focus primarily on local experimentation with uncertain outcomes.

None of these approaches provide a solution to the early intervention dilemmas that all governments face, and there is no easy way to choose between approaches. We can make these choices more informed and systematic, by highlighting how all of the pieces of the jigsaw fit together, and somehow comparing their intended and unintended consequences. However, this process does not replace political judgement – and quite right too – because there is no such thing as a valence issue at the point of policy choice and delivery.

 

 

 

 

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Filed under agenda setting, Evidence Based Policymaking (EBPM), Prevention policy, public policy, Scottish politics, UK politics and policy

The Scottish Parliament would be crap in an independent Scotland and almost no-one cares

Here is a four-step plan to avoid having to talk about how powerless the Scottish Parliament tends to be, in comparison to the old idea of ‘power sharing’ with the Scottish Government:

  1. Find something the SNP Government is doing and point out how wrong it is.
  2. Have the opposition parties pile in, taking their chance to bemoan the SNP’s power hoarding.
  3. Have the SNP point out that Labour used to do this sort of thing, so it’s hypocritical to complain now.
  4. Convince the public that it’s OK as long as all of the parties would have done it, or if they have been doing it for a long time.

This pretty much sums up the reaction to the SNP’s use of Parliamentary Liaison Officers (PLOs) on Scottish parliamentary committees: the MSP works closely with a minister and sits on the committee that is supposed to hold the minister to account. The practice ensures that there is no meaningful dividing line between government and parliament, and reinforces the sense that the parliament is not there to provide effective scrutiny and robust challenge to the government. Instead, plenary is there for the pantomime discussion and committees are there to have run-of-the-mill humdrum scrutiny with minimal effect on ministers.

The use of PLOs on parliamentary committees has become yet another example in which the political parties – or, at least, any party with a chance of being in government – put themselves first before the principles of the Scottish Parliament (set out in the run up to devolution). Since devolution, the party of government has gone further than you might expect to establish its influence on parliament: controlling who convenes (its share of) committees and which of its MSPs sit on committees, and moving them around if they get too good at holding ministers to account or asking too-difficult questions. An MSP on the side of government might get a name for themselves if they ask a follow-up question to a minister in a committee instead of nodding appreciatively – and you don’t want that sort of thing to develop. Better to keep it safe and ask your MSPs not to rock the boat, or move them on if they cause a ripple.

So, maybe the early founders of devolution wanted MSPs to sit on the same committees for long periods, to help them develop expertise, build up a good relationship with MSPs from other parties, and therefore work effectively to hold the government to account. Yet, no Scottish government has been willing to let go, to allow that independent role to develop. Instead, they make sure that they have at least one key MSP on each committee to help them agree the party line that all their MSPs are expected to follow. So, this development, of parliamentary aides to ministers corresponding almost exactly with committee membership, might look new, but it is really an extension of longstanding practices to curb the independent power of parliaments and their committees – and the party in government has generally resisted any reforms (including those proposed by the former Presiding Officer Tricia Marwick) to challenge its position.

Maybe the only surprise is that ‘new politics’ seems worse than old Westminster. In Westminster committees, some MPs can make a career as a chair, and their independence from government is far clearer – something that it is keen to reinforce with initiatives such as MPs electing chairs in secret ballots. In comparison, the Scottish Parliament seems like a far poorer relation to its Scottish Government counterpart – partly because of complacency and a lack of continuous reform.

Almost no-one cares about this sort of thing

What is not surprising is the general reaction to the Herald piece on the 15th August – and the follow up on the 16th – which pointed out that the SNP was going further than the use of PLOs it criticised while in opposition.

So, future Scottish Cabinet Secretary Fiona Hyslop – quite rightly – criticised this practice in 2002, arguing that it went against the government’s Scottish Ministerial Code. Note the Labour-led government’s ridiculous defense, which it got away with because (a) almost no-one cares, and (b) the governing parties dominate the parliament.

hyslop 2

Then, in 2007, the SNP government’s solution was to remove the offending section from that Code. Problem solved!

MPAs to PLOs 2003 and 2007

Now, its defence is that Labour used to do it and the SNP has been doing it for 9 years, so why complain now? It can get away with it because almost no-one cares. Of those who might care, most only care if it embarrasses one of the parties at the expense of another. When it looks like they might all be at it, it’s OK. Almost no-one pays attention to the principle that the Scottish Parliament should have a strong role independent of government, and that this role should not be subject to the whims of self-interested political parties.

So, I feel the need to provide a reason for SNP and independence supporters to care more about this, and here goes:

  1. Most people voted No in the 1st referendum on Scottish independence.
  2. There might be a 2nd referendum but it would be silly to expect a Yes vote this time without new and better arguments built more on actual plans rather than the generation of positivity and hope. For a political project to work, you really need to tell people what you will do if you win.
  3. One of those arguments needs to be about political reform. The ‘architects of devolution’ recognised this need to offer political alongside constitutional reform, producing the sense of ‘new politics’ that we now use to show that Scottish politics fell quite short of expectations. The mistake was to assume that they had cracked it in 1999 and never needed to reform again. Instead, institutions need to be changing continuously in light of experience. So, the previous SNP White Paper (p355) was rubbish on this issue because it pretty much said that it would keep things as they were because they were working OK.

p355 Scotland's Future

It is complacent nonsense, treating the Scottish political system as an afterthought, and it might just come back to bite the SNP in the bum. The implicit argument that The Scottish Parliament would be just as crap in an independent Scotland as it is now, and almost no-one cares is poor. Or, to put it in terms of the standard of partisan debate on twitter: shitey whataboutery might make you feel good on twitter, but it won’t win you any votes in the next referendum.

 

See also: Lucy Hunter Blackburn’s Patrick Harvie highlights close links between ministerial aides and parliamentary committees

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Filed under Scottish independence, Scottish politics

The future of Scotland in the UK: does the remarkable popularity of the SNP make independence inevitable (version 2)?

This is an updated blog post. The original post provided notes for my lecture on the 15th June at the Centre for British Studies, Humboldt University of Berlin, as part of the  Ringvorlesung: The Future of the UK: Between Internal and External Divisions. I had written it before the vote in the UK to leave the EU, which provided the only realistic chance of a second referendum on Scottish independence. So, the background sections remain the same, but I update the contemporary section with reference to Brexit and its consequences.

The advertised abstract read:

The vote to remain in the UK, in the Scottish independence referendum in 2014, did not settle the matter. Nor did it harm the fortunes of the pro-independence party, the Scottish National Party. Instead, its popularity has risen remarkably, and major constitutional change remains high on the agenda, particularly during the run up to a referendum on the UK’s exit from the EU. This continued fascination with the constitution overshadows the day-to-day business of Scottish politics. Cairney highlights one aspect in particular: the tendency for limited public and parliamentary scrutiny of substantive policy issues when they are viewed through a constitutional (rather than substantive policy) lens, producing an image of weak accountability.

My aim is to:

  • Explain why the Scottish National Party’s popularity is remarkable
  • Note that none of us have predicted it – or indeed much of the short history of devolution – too well, and use this point as a cautionary tale
  • Describe why independence is not inevitable (even though it often seems likely)
  • Shoehorn in some analysis of the links between our fascination with the constitution and the more humdrum world of actual policy.
  • Provide a brief update on the impact of the EU referendum, bearing in mind that I am no less hopeless than anyone else about predicting the future.

The remarkable popularity of the SNP

The SNP’s popularity is remarkable in two main ways:

  1. In 1999, the main party was Scottish Labour

Scottish Labour had dominated Westminster and local elections in Scotland for decades before the first Scottish Parliament election in 1999 (it also won a plurality of European Parliament seats, but with far lower margins):

  • Westminster (plurality electoral system). Labour won most Scottish seats in every election from 1959-2010. In 1997, it won 46% of the vote and 56 (78%) of 72 Scottish Westminster seats (Cairney and McGarvey, 2013: 45). The SNP won 22% of the vote and 6 (8%) seats. A similar pattern continued until 2010: Labour dominated Scottish Westminster seats even when the SNP began to win Holyrood elections.
  • Local elections (plurality until 2003, single transferable vote from 2007). In 1995, its 44% of the vote translated into 613 (53%) of 1155 seats and it remained the largest party until 2007 (Cairney and McGarvey, 2013: 51).

This dominance produced an expectation that Scottish Labour would become the largest party in the Scottish Parliament for the foreseeable future. In that context, the fortunes of Labour and the SNP changed remarkably quickly (see table 3). In 1999 and 2003, the main limit to Labour dominance was the electoral system: it won the majority of constituency seats comfortably but few regional seats (it also won most constituency seats in 2007). By 2011, this position had reversed and, by 2016, the regional list was the only thing standing between Scottish Labour and electoral oblivion.

In contrast, by 2011 the SNP achieved a majority of Scottish Parliament seats because the regional element of the mixed-member proportional system (56 of 129 seats) was not large enough to offset SNP dominance of constituency seats. This is a remarkable outcome if we accept the well-shared story that Holyrood’s electoral system was ‘chosen by Labour to stop the SNP ever the getting the majority it needed to push hard on the independence agenda’ (Cairney, 2011: 28).

  1. The SNP’s popularity did not dip after the 2014 referendum

You could be forgiven for thinking that a No vote in the referendum on Scottish independence would damage the SNP. If it is a single issue party, and most voters rejected its position on the issue, wouldn’t you expect it to suffer? Yet, here is what happened instead:

It’s not so remarkable if you know that the SNP is not a single issue party. Instead, it is a highly professional organisation which has won elections on the back of valence politics as well as identity.

The SNP did well in 2007, and very well in 2011, because ‘most voters thought that the party would do a better job in office than its rivals’. People vote for a party when they respect its leader, its vision for the future, and have a high expectation of its competence while in office – and the SNP has benefited from being a party that looks highly professional (although one’s belief in the competence of the SNP may be linked strongly to one’s national identify and support for independence).

So, (a) it’s worth noting that the SNP is doing well partly because 45% of the vote will not win you a referendum, but it (plus a bit more) will do very nicely in a not-super-proportional election system, but (b) there is far more to the SNP’s story than a translation of national identity into support for independence into support for the SNP.

None of us predicted it well: a cautionary tale

You’ll always find someone who claims that they predicted these developments correctly, but that’s because of the immense number and range of hyperbolic predictions – from the claim that devolution provided a ‘stepping stone’ to independence, to the claim that it would kill nationalism ‘stone dead’ – rather than the predictability of politics.

So, for example, in retrospect we can say that devolution provided an important new platform for the SNP, but at the time we did not know that it would use this platform so effectively from the mid-2000s.

Similarly, maybe some people in the future will look back to argue that Scottish independence was inevitable, but without being able to predict the detailed mechanisms of decisions and events.

Scottish independence is not inevitable (even though it often seems likely)

Before the Brexit vote, I tried to sell the idea that 10 years is the magic figure between Scottish referendums (2014 and 2024): a short enough distance to keep pro-independence actors content, and long enough to hope that enough people have changed their minds. In the meantime, the SNP and Greens would produce some vague triggers (like a surge in opinion poll support).

Now, if a second referendum is to happen, it is because of the constitutional crisis prompted by Brexit. Overall, most UK voters chose to leave the European Union, but most voters in Scotland chose to remain. The SNP and its allies will push for a second referendum on that basis, with reference to a ‘democratic outrage’. It possesses the votes to pass a bill to that effect in the Scottish Parliament, and needs some cooperation from a UK Government led by the party that just used a referendum to justify major constitutional change. It is difficult to see why the Conservative government would oppose a referendum under those circumstances (rather than allow it to take place and argue for the Union) even though UK government ministers have rejected the idea so far.

If a second referendum happens, it could happen before 2020. I am hesitant to say when exactly, partly because there is so much uncertainty, which too many people try to fill with needless speculation. For example, Sturgeon confirmed that it could happen as early as 2017, but only because the BBC asked her what she would do if the UK government behaved unreasonably.  In the same interview, Sturgeon also suggested that it may take a long time for the UK to invoke ‘Article 50’, which triggers a notional two-year negotiation period before the UK leaves the EU.

Before we know if a second referendum is likely, and the likely date, we need clarity on two things: (1) the extent to which the UK can (and is willing to) negotiate a deal with the EU which satisfies the SNP and Scottish voters (by becoming Brexit-lite or providing Scotland-specific provisions on key issues like free movement of people); and, (2) the timing of Brexit, since a Scottish referendum would hopefully not take place until we know what we are voting for (which might not happen until near the end of the notional two-year negotiations). Still, it is likely that the vote would be binary, as some version of: stay in the UK out of the EU, or leave the UK and stay in the EU.

Dissatisfaction with devolution is not the same as support for independence

Recent events reinforce the sense that Scottish devolution will never seem like a ‘settlement’. Instead, until recently, we have had a routine process in which: (a) there is a proposed devolution settlement, (b) it sticks for a while, (c) there is a rise in support for independence or further devolution, (d) there is another settlement.

So far, this has happened in 1999 (the first modern settlement), from the SNP’s first Holyrood win in 2007 (producing the Scotland Act 2011), and during the referendum itself (producing the Scotland Act 2016).

The difference this time is the sense – often generated by supporters and opponents of independence – that the 2016 Act is the final offer. If so, before Brexit, we had two key scenarios:

  1. This offer proves to be too unpopular to maintain support for devolution, there is a further referendum, and no-one can offer more devolution in exchange for a No vote.
  2. The 2016 Act finally helps address the idea of a ‘democratic deficit’ in which (a) most people in Scotland vote for one party in a UK General election (usually Labour, now SNP) but get another (often Conservative), and (b) this problem helps produce the sense that the UK Government is imposing unpopular policies on Scotland. For the new Act to work, you would need to generate the widespread sense, among the public, that a Scottish Government could choose to mitigate the effects of a UK Government (perhaps without raising taxes).

Now, things are a bit more complicated, since devolution is no longer simply about Scotland’s position in the UK. Scenario two now has to be accompanied by the sense (however true) that the Scottish Government is able to negotiate a distinctive relationship with the EU while remaining in the UK.

What happens in the meantime? The humdrum world of scrutiny and policymaking

In the meantime, Scottish politics exhibits an unusual twist on the usual tale of Westminster politics:

  1. We have the familiar disconnect between two understandings of politics, in which (a) we use elections and some parliamentary scrutiny to praise or blame governments, but also (b) recognise the limits to central control, which undermine a meaningful sense of accountability.
  2. This confusion is complicated by devolution and ‘multi-level governance’ in which we are not always sure about which level of government is responsible for which policy (although Brexit will remove a level from many of those relationships!)
  3. It is complicated further by the 2016 Act, in which there are many new shared responsibilities between the Scottish and UK Governments.
  4. So, politicians tell very different stories about what the Scottish Government can do, who is in charge, and who should take the blame for policy outcomes.
  5. And the Scottish Parliament continues to struggle to know how best to try to hold the Scottish Government to account (and it might soon struggle a bit more).

Perhaps one possible exception is the new debate on educational attainment. First Minister Nicola Sturgeon staked a large part of her reputation on reducing the gap in attainment between students in the most and least deprived areas of Scotland. Before the election, she promised to ‘close the attainment gap completely’.

Although the SNP manifesto in 2016 presents more equivocal language (reflecting the sense that it does not know how much it can reduce the gap), it remains significant: as an issue in which there are constitutional complications (the Scottish Government does not control fully the economic and social security ‘levers’ affecting levels of deprivation), but the SNP is not using them to qualify its aims.

This example supplements several ongoing debates of high party political importance, in which there is not a constitutional element (on, for example, the Scottish Government’s ‘named person’ policy and legislation on ‘offensive behaviour’ in relation to football).

In the original version of this post, I signed off by speculating: ‘maybe such cases suggest that, for at least the next few years, we will pretend that there is a Scottish devolution settlement that that we are not just killing time until the next referendum’. It already seems like an out of date hope: the constitution is back at the top of our agenda, and I can’t remember the last time I read a story about domestic policy in Scotland.

 

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What we know about consultation and policy-making

Here are some notes for today’s workshop on ‘consultation’, at the Law Reform and Public Policy Group, School of Law, University of Glasgow. I discuss key insights from policy theory, the idea of a ‘draft Act’, and how the ‘Scottish policy style’ fits into this discussion.

My second favourite phrase, as an undergraduate at Glasgow’s top University, was Brian Hogwood’s: ‘if consultation means everything, then maybe it means nothing’. It was a call to ‘unpack’ the term, whose meaning could range from cosmetic consultation in public to crucial interventions in private.

My first favourite was Grant Jordan and Jeremy Richardson’s ‘policy community’, which describes an important relationship between policymakers and some of the actors they consult (see also ‘informal governance’, including Alison Woodward’s example of the ‘velvet triangle’). The logic is as follows:

1. Policymakers are subject tobounded rationality’: they cannot process issues comprehensively. By necessity, they have to make decisions in the face of uncertainty and ambiguity. Uncertainty relates to the amount of information we have to inform policy and policymaking. Ambiguity relates to the way in which we understand policy problems. The policy process is therefore about (1) the short cuts that policymakers use to gather information and understand complex issues, and (2) the ways in which policy participants compete to determine which information is used and how policymakers understand problems.

2. Policymakers and key actors form policy networks or communities. To deal with bounded rationality, they delegate responsibility to civil servants who, in turn, rely on specialist organisations for information and advice. Those organisations trade information for access to government. This process often becomes routine: civil servants begin to trust and rely on certain organisations and they form meaningful relationships. If so, most public policy is conducted primarily through small and specialist ‘policy communities’ that process issues at a level of government not particularly visible to the public, and with minimal senior policymaker involvement. Network theories tend to consider the key implications, including a tendency for governments to contain ‘silos’ and struggle to ‘join up’ government when policy is made in so many different places.

3. Note the relevance to our current focus on ‘evidence-based policymaking. In most cases, policymakers use consultation to reduce uncertainty: they gather information to help identify the size of a problem on which they already have a view. In some, they use it to reduce ambiguity: only some actors will influence how they understand and try to solve a policy problem, and therefore what further information they will seek.

4. Note the importance of pluralist democracy to some policymakers. Consider the implications of bounded rationality to democracy: we put our faith in representative democracy, but ministers can only pay attention to a tiny proportion of their responsibilities. A lot of practical responsibility is in the hands of civil servants, who partly seek legitimacy by consulting far and wide, to generate the ‘ownership’ of policy among key actors, professional groups, and perhaps ‘civil society’. This takes place well before, for example, a government presents a draft Act to Parliament and, in many cases, it produces policy without subsequent reference to Parliament.

If you put all these things together, you can see the importance of different kinds of consultation.

Consider a simple spectrum of consultation. At one end is cosmetic consultation: policymakers are paying high attention and they already know how they feel about a problem. So, they consult as part of a ‘standard operating procedure’ in which governments seek legitimacy, but the consultation will not influence their decision. Perhaps it comes towards the end of their deliberations.

At the other end is super-meaningful consultation, but perhaps with a small number of key people: they get together regularly, identify the issues that deserve most attention, and agree on how to ‘frame’ or understand the problem.

So, in our discussions, we might discuss how a range of activities fit in: the ‘trawling’ exercises to gain as many views as possible; working groups to generate questions for consultation; commissions to process rather technical looking issues, generally out of the public spotlight; other ‘pre-consultation’ with key actors before public consultation; and so on.

You can also see how the ‘Scottish Policy Style’ or ‘Scottish Approach’ fits in

We talk about a distinctive Scottish style or approach or system, but within the context that I describe above. There are three key reference points:

  1. Cultural. In the olden days we talked of new Scottish politics versus old Westminster: Scottish policymaking would be more consensual and participative; the Scottish Government would share power with the Scottish Parliament; the Parliament would be the hub for much consultation, or at least oversee the Scottish Government process; the Parliament would have a better gender balance; and, policymakers would not simply consult the ‘usual suspects’.
  2. Practical. In reality, most explanations for a Scottish policymaking culture relate to size and scale: it is easier for senior policymakers to form personal networks with key actors in interest and professional groups and with leaders of public bodies; and, a government with relatively low capacity relies relatively highly on external sources of information and advice.
  3. Storytelling. Note that the Scottish Government tells a particular story about its approach, built on high consultation and trust in public bodies, stakeholders and service users, which informs its approach to evidence gathering and policy delivery: the Scottish Approach to Policymaking.

An agenda for the study of consultation in Scotland

It is useful to talk of a Scottish style of consultation, but investigate rather than assume its distinctiveness, and to interpret that distinctiveness rather than assume it relates broadly to a Scottish political culture.

This is true even before we consider consultation in a multi-level system, of which the Scottish Government is one of many governments that groups may want to consult.

I usually do this research through interviews with pressure participants and civil servants, which often involves trying to separate the story we tell about Scotland (where everyone knows everyone else) from the other drivers for policy and policymaking (education, mental health legislation, general, more general, even more general).

Other methods worth discussing include consultation analysis (Darren Halpin used to analyse the number and types of responses to open consultations), networks analysis to gauge the interaction between policy makers and participants, and comparative analyses in which we examine, for example, the extent to which consultation on legal reform resembles that of other sectors. If not, what makes ‘the law’ distinctive?

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The future of Scotland in the UK: does the remarkable popularity of the SNP make independence inevitable?

This post provides notes for my lecture on the 15th June at the Centre for British Studies, Humboldt University of Berlin, as part of the Ringvorlesung: The Future of the UK: Between Internal and External Divisions.

The advertised abstract reads:

The vote to remain in the UK, in the Scottish independence referendum in 2014, did not settle the matter. Nor did it harm the fortunes of the pro-independence party, the Scottish National Party. Instead, its popularity has risen remarkably, and major constitutional change remains high on the agenda, particularly during the run up to a referendum on the UK’s exit from the EU. This continued fascination with the constitution overshadows the day-to-day business of Scottish politics. Cairney highlights one aspect in particular: the tendency for limited public and parliamentary scrutiny of substantive policy issues when they are viewed through a constitutional (rather than substantive policy) lens, producing an image of weak accountability.

I’ll begin my talk by apologising passive-aggressively for not being a specialist in this field. I know some things about Scottish politics, but specialise in public policy rather than elections, referendums, social attitudes, and the future. On that basis, I’ll:

  • Explain why the Scottish National Party’s popularity is remarkable
  • Note that none of us have predicted it – or indeed much of the short history of devolution – too well, and use this point as a cautionary tale
  • Describe why independence is not inevitable (even though it often seems likely)
  • Shoehorn in some analysis of the links between our fascination with the constitution and the more humdrum world of actual policy.

The remarkable popularity of the SNP

The SNP’s popularity is remarkable in two main ways:

  1. In 1999, the main party was Scottish Labour

Scottish Labour had dominated Westminster and local elections in Scotland for decades before the first Scottish Parliament election in 1999 (it also won a plurality of European Parliament seats, but with far lower margins):

  • Westminster (plurality electoral system). Labour won most Scottish seats in every election from 1959-2010. In 1997, it won 46% of the vote and 56 (78%) of 72 Scottish Westminster seats (Cairney and McGarvey, 2013: 45). The SNP won 22% of the vote and 6 (8%) seats. A similar pattern continued until 2010: Labour dominated Scottish Westminster seats even when the SNP began to win Holyrood elections.
  • Local elections (plurality until 2003, single transferable vote from 2007). In 1995, its 44% of the vote translated into 613 (53%) of 1155 seats and it remained the largest party until 2007 (Cairney and McGarvey, 2013: 51).

This dominance produced an expectation that Scottish Labour would become the largest party in the Scottish Parliament for the foreseeable future. In that context, the fortunes of Labour and the SNP changed remarkably quickly (see table 3). In 1999 and 2003, the main limit to Labour dominance was the electoral system: it won the majority of constituency seats comfortably but few regional seats (it also won most constituency seats in 2007). By 2011, this position had reversed and, by 2016, the regional list was the only thing standing between Scottish Labour and electoral oblivion.

In contrast, by 2011 the SNP achieved a majority of Scottish Parliament seats because the regional element of the mixed-member proportional system (56 of 129 seats) was not large enough to offset SNP dominance of constituency seats. This is a remarkable outcome if we accept the well-shared story that Holyrood’s electoral system was ‘chosen by Labour to stop the SNP ever the getting the majority it needed to push hard on the independence agenda’ (Cairney, 2011: 28).

  1. The SNP’s popularity did not dip after the 2014 referendum

You could be forgiven for thinking that a No vote in the referendum on Scottish independence would damage the SNP. If it is a single issue party, and most voters rejected its position on the issue, wouldn’t you expect it to suffer? Yet, here is what happened instead:

It’s not so remarkable if you know that the SNP is not a single issue party. Instead, it is a highly professional organisation which has won elections on the back of valence politics as well as identity.

The SNP did well in 2007, and very well in 2011, because ‘most voters thought that the party would do a better job in office than its rivals’. People vote for a party when they respect its leader, its vision for the future, and have a high expectation of its competence while in office – and the SNP has benefited from being a party that looks highly professional (although one’s belief in the competence of the SNP may be linked strongly to one’s national identify and support for independence).

So, (a) it’s worth noting that the SNP is doing well partly because 45% of the vote will not win you a referendum, but it (plus a bit more) will do very nicely in a not-super-proportional election system, but (b) there is far more to the SNP’s story than a translation of national identity into support for independence into support for the SNP.

None of us predicted it well: a cautionary tale

You’ll always find someone who claims that they predicted these developments correctly, but that’s because of the immense number and range of hyperbolic predictions – from the claim that devolution provided a ‘stepping stone’ to independence, to the claim that it would kill nationalism ‘stone dead’ – rather than the predictability of politics.

So, for example, in retrospect we can say that devolution provided an important new platform for the SNP, but at the time we did not know that it would use this platform so effectively from the mid-2000s.

Similarly, maybe some people in the future will look back to argue that Scottish independence was inevitable, but without being able to predict the detailed mechanisms of decisions and events.

Scottish independence is not inevitable (even though it often seems likely)

I’ll try to sell you the idea that 10 years is the magic figure between Scottish referendums: a short enough distance to keep pro-independence actors content, and long enough to hope that enough people have changed their minds. We now have 5-yearly elections, so it would be a commitment in the 2021 Holyrood election to hold it in 2024.

However, it’s no more than an idea because nothing about this process is inevitable:

Even a second referendum is not inevitable

In the short term, the only event that matters is the ‘Brexit’ vote this month. If most UK voters choose to leave the European Union, and most voters in Scotland vote to remain, we will have a constitutional crisis. The SNP and its allies will push for a second referendum on Scottish independence, it will have the votes to pass a bill to that effect in the Scottish Parliament, and the main obstacle will be a UK Government led by the party that just used a referendum to justify major constitutional change! It is difficult to see why the Conservatives would bother to oppose a referendum under those circumstances.

In the absence of this constitutional crisis, is difficult to see how the SNP could justify – and, more importantly, expect to win – another referendum within five years of the first. This problem is reflected in the SNP’s manifesto and Sturgeon’s defence of its vague position. It appears to want to keep independence on the agenda for the long term without proposing a referendum within five years. So, its idea is that, in the absence of a Brexit crisis, the only other prompt is a major and sustained upswing in support for independence:

the Scottish Parliament should have the right to hold another referendum if there is clear and sustained evidence that independence has become the preferred option of a majority of the Scottish people’ (Scottish National Party, 2016: 23).

Sturgeon confirmed that this measure would be from opinion polls – ‘We would have to see, in a range of polls over a period of time, that independence had become the preferred option of the majority’ – but without stating how many polls, what level of support, or how sustained (BBC News, 2016b).

The unsatisfactory nature of this position seems reinforced by the SNP’s electoral position in 2016: the last referendum was fairly recent, it lacks a strong statement of intent in its manifesto, it now relies on the Scottish Greens (2016: 35) to produce a pro-independence majority in the Scottish Parliament, and the Greens’ trigger for a second referendum – a petition by maybe 100,000 voters – seems equally vague and problematic.

Don’t assume that we can predict the future (revisited)

These limitations are not problematic in the longer term: the SNP can afford to wait until the time is right for a second referendum. Yet, think about some of the other conditions that need to be met before a second vote is worthwhile:

  1. There is a sustained rise in support for Scottish independence. From opinion polls, the SNP would be looking for levels of sustained support (high 50s, low 60s?) that are not present even in single surveys.
  2. The SNP sustains a Holyrood majority, or it has enough pro-independence allies in Holyrood. At the heart of our short-term discussion is the assumption that the SNP continues to do remarkably well in elections. Yet, Scottish Labour provides a cautionary tale, or the evidence of how quickly a party’s support can disappear. Further, the SNP wouldn’t even have to lose much support to give the sense that it lost ‘momentum’.
  3. The SNP can recreate 2011. Instead, it would just have to lose the sense of moral victory that it secured in 2011: the appearance of its Holyrood ‘avalanche’ election victory made a referendum difficult to oppose; its opposition lost ground, and the UK Government struggled to explain why it would not support a referendum. This feeling is difficult to recreate even if (as in 2016) it secures a similar proportion of votes.

Dissatisfaction with devolution is not the same as support for independence

It is possible that Scottish devolution will never seem like a ‘settlement’. Instead, we have had a routine process in which: (a) there is a proposed devolution settlement, (b) it sticks for a while, (c) there is a rise in support for independence or further devolution, (d) there is another settlement.

So far, this has happened in 1999 (the first modern settlement), from the SNP’s first Holyrood win in 2007 (producing the Scotland Act 2011), and during the referendum itself (producing the Scotland Act 2016).

The difference this time is the sense – often generated by supporters and opponents of independence – that the 2016 Act is the final offer. If so, we have two key scenarios:

  1. This offer proves to be too unpopular to maintain support for devolution, there is a further referendum, and no-one can offer more devolution in exchange for a No vote.
  2. The 2016 Act finally helps address the idea of a ‘democratic deficit’ in which (a) most people in Scotland vote for one party in a UK General election (usually Labour, now SNP) but get another (often Conservative), and (b) this problem helps produce the sense that the UK Government is imposing unpopular policies on Scotland. For the new Act to work, you would need to generate the widespread sense, among the public, that a Scottish Government could choose to mitigate the effects of a UK Government (perhaps without raising taxes).

What happens in the meantime? The humdrum world of scrutiny and policymaking

In the meantime, Scottish politics exhibits an unusual twist on the usual tale of Westminster politics:

  1. We have the familiar disconnect between two understandings of politics, in which (a) we use elections and some parliamentary scrutiny to praise or blame governments, but also (b) recognise the limits to central control, which undermine a meaningful sense of accountability.
  2. This confusion is complicated by devolution and ‘multi-level governance’ in which we are not always sure about which level of government is responsible for which policy.
  3. It is complicated further by the 2016 Act, in which there are many new shared responsibilities between the Scottish and UK Governments.
  4. So, politicians tell very different stories about what the Scottish Government can do, who is in charge, and who should take the blame for policy outcomes.
  5. And the Scottish Parliament continues to struggle to know how best to try to hold the Scottish Government to account (and it might soon struggle a bit more).

Perhaps one possible exception is the new debate on educational attainment. First Minister Nicola Sturgeon staked a large part of her reputation on reducing the gap in attainment between students in the most and least deprived areas of Scotland. Before the election, she promised to ‘close the attainment gap completely’.

Although the SNP manifesto in 2016 presents more equivocal language (reflecting the sense that it does not know how much it can reduce the gap), it remains significant: as an issue in which there are constitutional complications (the Scottish Government does not control fully the economic and social security ‘levers’ affecting levels of deprivation), but the SNP is not using them to qualify its aims.

This example supplements several ongoing debates of high party political importance, in which there is not a constitutional element (on, for example, the Scottish Government’s ‘named person’ policy and legislation on ‘offensive behaviour’ in relation to football).

So, maybe such cases suggest that, for at least the next few years, we will pretend that there is a Scottish devolution settlement, and that we are not just killing time until the next referendum.

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Did the Scottish Parliament just vote to ban fracking?

Not really.

Almost every headline reports that the Scottish Parliament voted to ban fracking on the 1st June 2016 (Guardian, BBC, Scotsman, National, STV, Holyrood).

The headlines are technically correct but super-misleading.

If watching from afar, you might deduce that Scottish Government policy is now (or about to be) in favour of a complete ban. Or, if you know more about the Scottish Parliament process, you might at least see it as a major defeat for the SNP under minority government even if the vote is not binding (indeed, the Guardian’s second headline states that the ‘Vote does not create binding policy but is significant defeat for SNP so soon into new parliamentary term’).

In both cases, you would be wrong because:

  • 33 of 123 available MSPs voted for the ban, 29 opposed, and 62 abstained.
  • The 33 were from the 3 smallest parties in the Scottish Parliament.
  • It is clear to everyone that the amendment-to-motion only passed because the SNP abstained.

The vote was embarrassing (particularly since it was on an amendment to a motion proposed by the SNP’s Environment Secretary Roseanna Cunningham) rather than binding. Its main effect is to produce this picture (source: BBC News) of the SNP squirming in the chamber.

BBC fracking 2016.JPG

In the past, a vote like this might have had more important effect. For example, the SNP agreed in 2007 (at the beginning of its previous spell of minority government) to reconsider the Edinburgh trams project after most of opposition parties voted in its favour. That motion was not binding, but the SNP took it far more seriously because the other parties could generate a vague sense of the ‘will of the Parliament’.

In the case of fracking, there is no such sense. Instead, the three smallest parties are restating their manifesto commitments, the now-more-important Conservatives are voting the other way, and the SNP is trying to ignore the whole thing.

This vote is unlikely to change the course of events too much: the SNP government still intends to delay things (while maintaining a moratorium) while it commissions and processes more research. The biggest factors are still likely to be public opinion, business versus environmental group pressure, and the level of disagreement within the SNP itself.

For more on fracking in Scotland, see:

Briefing: Unconventional Onshore Oil and Gas (or here)

Fracking posts

Holyrood election 2016 briefing

 

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