Tag Archives: Scottish Government

Here’s why there is always an expectations gap in prevention policy

Prevention is the most important social policy agenda of our time. Many governments make a sincere commitment to it, backed up by new policy strategies and resources. Yet, they also make limited progress before giving up or changing tack. Then, a new government arrives, producing the same cycle of enthusiasm and despair. This fundamental agenda never seems to get off the ground. We aim to explain this ‘prevention puzzle’, or the continuous gap between policymaker expectations and actual outcomes.

What is prevention policy and policymaking?

When engaged in ‘prevention’, governments seek to:

  1. Reform policy. To move from reactive to preventive public services, intervening earlier in people’s lives to ward off social problems and their costs when they seem avoidable.
  2. Reform policymaking. To (a) ‘join up’ government departments and services to solve ‘wicked problems’ that transcend one area, (b) give more responsibility for service design to local public bodies, stakeholders, ‘communities’ and service users, and (c) produce long term aims for outcomes, and reduce short term performance targets.
  3. Ensure that policy is ‘evidence based’.

Three reasons why they never seem to succeed

We use well established policy theories/ studies to explain the prevention puzzle.

  1. They don’t know what prevention means. They express a commitment to something before defining it. When they start to make sense of it, they find out how difficult it is to pursue, and how many controversial choices it involves.
  2. They engage in a policy process that is too complex to control. They try to share responsibility with many actors and coordinate action to direct policy outcomes, without the ability to design those relationships and control policy outcomes. Yet, they need to demonstrate to the electorate that they are in control. When they make sense of policymaking, they find out how difficult it is to localise and centralise.
  3. They are unable and unwilling to produce ‘evidence based policymaking’. Policymakers seek ‘rational’ and ‘irrational’ shortcuts to gather enough information to make ‘good enough’ decisions. When they seek evidence on preventing problems before they arise, they find that it is patchy, inconclusive, often counter to their beliefs, and unable to provide a ‘magic bullet’ to help make and justify choices.

Who knows what happens when they address these problems at the same time?

We draw on empirical and comparative UK and devolved government analysis to show in detail how policymaking differs according to the (a) type of government, (b) issue, and (c) era in which they operate.

Although it is reasonable to expect policymaking to be very different in, for example, the UK versus Scottish, or Labour versus Conservative governments, and in eras of boom versus austerity, a key part of our research is to show that the same basic ‘prevention puzzle’ exists at all times. You can’t simply solve it with a change of venue or government.

Our book – Why Isn’t Government Policy More Preventive? – is in press (Oxford University Press) and will be out in January 2020, with sample chapters appearing here. Our longer term agenda – via IMAJINE – is to examine how policymakers try to address ‘spatial justice’ and reduce territorial inequalities across Europe partly by pursuing prevention and reforming public services.

 

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

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.

[Update 20.9.19: Named person scheme scrapped by Scottish Government]

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.

See also:

Paul Cairney (2019) ‘The UK government’s imaginative use of evidence to make policy’, British Politics, 14, 1, 1-22 Open Access PDF

Paul Cairney and Emily St Denny (in press, January 2020) Why Isn’t Government Policy More Preventive? (Oxford: Oxford University Press) Preview Introduction Preview Conclusion

 

 

 

 

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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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Filed under Fracking, Scottish politics

How should we interpret the Scottish Survey of Literacy and Numeracy?

SSIN

The Scottish Survey of Literacy and Numeracy 2015 is now out. It is a great example for students of agenda setting and framing because an apparently dry account of recent trends may come to dominate the highest level debates in Scottish politics.

The stakes are high because the figures – showing some drops in attainment at key stages, and major gaps in inequalities of attainment at all stages – are being interpreted in this context:

Allegations of government shenanigans

The SNP Government’s opponents reckon that it delayed the results because they were so bad as to undermine the SNP vote in the Holyrood elections in 2016.

Allegations of misplaced priorities

The SNP Government’s critics reckon that it has funded free tuition for the middle classes at the expense of funding to reduce attainment gaps at school (which make it less likely for people in deprived areas to go to benefit from free University education).

SNP Government priorities

Education will be the big focal point from 2016-21 because the SNP has signalled it as the top priority (symbolised by the fact that John Swinney is now in charge). Indeed, Nicola Sturgeon promised at one point to ‘close the attainment gap completely’ (report on original speech).

The SNP manifesto in 2016 presents more of a mix of aims (using more equivocal language). Its promise to ‘close the attainment gap between young people from the most and those from the least affluent backgrounds’ really means reduce (‘our mission is to make significant progress in closing the gap within the next parliament and to substantially eliminate it within a decade’), while its promise to deliver ‘significant progress in closing the attainment gap within the lifetime of the next parliament and substantially eliminating it within a decade’ betrays the sense that it does not really know how to tell how far it can reduce the gap and declare almost-complete success.

This background gives us a lens through which to view most analysis of the figures

As you’d expect, so far the immediate reaction is rather critical:

The SNP Government response will be trickier-than-usual for the following reasons:

  1. Free University tuition is non-negotiable.

It won’t give up on free University tuition (for Scottish students and, in effect, EU students outside the UK), and it doesn’t accept the argument that its spending on University tuition comes at the expense of its spending on pre-school and school spending. So, it has to find the money, to reduce the attainment gap, from other areas (producing the possibility of limited success in education and worsening results in other high profile areas such as health).

  1. Its ability to link the issue to Scottish independence is now more limited.

The usual (and often plausible) response to the inequalities in attainment gap is to argue that: (a) it is caused largely by socio-economic conditions such as poverty, rather than teaching; and, (b) the Scottish Government does not have the tax/ spending power to reduce the problem at source. Yet, Sturgeon has staked her reputation on making a difference despite these constraints.

So, what happens next?

At some point, we might have a less emotive, less partisan, and more considered look at these figures. If so, I’d like to be clearer on three different kinds of question. The first two are about setting milestones so that we don’t wait until the figures come out before we pronounce success/ failure, and the third is about the figures themselves:

  1. What level of inequality of attainment is OK?

Whatever language the SNP uses, it won’t close this gap completely. Instead, we could benefit from an honest and pragmatic discussion about the level of inequality in attainment that we think is acceptable (at least at each stage of policy development). In Scotland, we tell a good story about consensus politics, but it won’t mean much if the government pretends to hold on to aims it doesn’t think are achievable, while the opposition criticises any gap regardless of progress.

  1. What trends are acceptable?

In agenda setting studies we note the profound effects of trends in data, which can be more important (in gaining attention) than the baseline figures. If we want to try to avoid getting sucked into these lurches of attention to often-minimal change, we could benefit from a sense of perspective on trends. Is any positive effect a cause for celebration or negative effect a cause for prophecies of doom? No. Yet, the stakes are so high that people are ready to pounce at any minute, or at least every year. Governments play that game too, with performance management systems that really don’t help (and, for example, Robert Geyer has a different way to consider long term success and failure).

  1. What do these figures really mean?

I don’t think the survey was designed with these high political stakes in mind. If they are to remain so crucial to political debate, I’d like to see more explanation – to the public and political commentators – of the method and results, to give a clearer sense of how to interpret the baseline figures as well as the trends.

Otherwise, for example, people will point to the wacky drop in attainment progress in S2 (compared to P7) and wonder what the hell happened (particularly since it exposes the major gap in attainment linked to deprivation). The report itself mentions the well-discussed problem of transition from primary to secondary school, but could discuss more the likelihood that this statistical dip is caused partly by measurement (possible explanations include: the expectation for S2 is disproportionately high, given the problems of transition; or, secondary and primary teachers have different view on how well someone is doing when they enter S1).

For further reading, see Lucy Hunter Blackburn’s site Adventures in Evidence, which provides more frequent and in-depth (and critical!) coverage of Scottish education policy than mine.

See also A memo to John Swinney

For some of the coverage, see for example:

Numeracy rate falls among pupils in Scotland, latest figures show

 

 

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

The Scottish Government’s former Permanent Secretary Sir Peter Housden (2013) labelled the ‘Scottish Approach to Policymaking’ (SATP) as an alternative to the UK model of government. He described in broad terms the rejection of command-and-control policymaking and many elements of New Public Management driven delivery. Central to this approach is the potentially distinctive way in which it uses evidence to inform policy and policymaking and, therefore, a distinctive approach to leadership and public service delivery. Yet, there are three different models of evidence-driven policy delivery within the Scottish Government, and they compete with the centralist model, associated with democratic accountability, that must endure despite a Scottish Government commitment to its replacement. In this paper, I describe these models, identify their different implications for leadership and public service delivery, and highlight the enduring tensions in public service delivery when governments must pursue very different and potentially contradictory aims. Overall, the SATP may represent a shift from the UK model, but it is not a radical one.

Cairney QMU Leadership and SATP 11.5.16

The paper is to a workshop called ‘Leading Change in Public Services’, at Queen Margaret University, 13th June 2016.

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The Scottish Parliament Election 2016: another momentous event but dull campaign

Abstract. The Scottish Parliament election in 2016 produced two surprising results: it represents a reversal of SNP/ Labour party fortunes so complete that we now take it for granted, but the SNP did not achieve a widely-expected majority; and, the huge surge of support for the Scottish Conservatives was enough to make it (easily) the second largest party. A mistaken sense of inevitability of the result – another SNP majority – helped produce a dull campaign and keep alive the prospect of a second referendum on Scottish independence. This article has four main sections: putting the 2016 election in recent historical context; considering the implications of consistently high SNP support on the constitution; highlighting key issues in the election campaign; and, examining the SNP’s policy agenda from 2016.

Introduction

The Scottish Parliament election in 2016 was momentous, but not entirely for the reasons we expected. The main outcome is the SNP’s third victory in a row since 2007, which is likely to keep it in office until at least 2021. The results eclipse the former record by Scottish Labour, which governed Scotland in coalition with the Scottish Liberal Democrats from 1999-2007. The SNP also improved its constituency votes and seats, but lost enough ground in the regional list to deprive it of a second outright majority in a row. Consequently, given such high expectations for the SNP – on the back of its ‘landslide’ victory in 2011 and thumping win in the UK General Election in 2015 – its third Holyrood election victory in a row can be interpreted as a further indicator of its success but also a sign that its dominance should not be taken for granted. Its circa-45% share of the vote was enough to produce a majority in 2011 but not 2016.

Further, while the now-predictable decline of Scottish Labour seems almost complete, this time the main beneficiary was the Scottish Conservative and Unionist Party which became the main opposition in Holyrood for the first time. The Liberal Democrats have also seen their fall from grace confirmed by a second poor showing which relegates them to the fifth and smallest party in Holyrood.

The historical significance of these trends is difficult to overstate. In the first Holyrood election in 1999 it seemed inevitable that Scottish Labour would be the largest party, with the SNP likely to represent an opposition party well off the pace. The early years were premised on the idea that, with devolution secure, the biggest party could focus on the political reforms associated with ‘new politics’, combining key measures associated with symbolic politics (including the greater representation of women and participation in politics beyond the ‘usual suspects’) and substantive policy change.

This expectation continued in 2003 but ended in 2007 when the SNP became the largest party by one seat. In 2011, its ‘landslide’ victory to secure a majority of seats – and trigger a process which led to a referendum on Scottish independence in 2014 – seemed extraordinary (particularly since Holyrood uses a mixed-member-proportional, not plurality, system).

Now, in 2016, the SNP has become so dominant of Scottish politics that its majority seemed inevitable. This sense of inevitability was bolstered by its showing in the UK General election 2015, when the party that always previously secured a small minority of seats – its highest ever number of seats was 11 (of 71, from 30% of the vote in October 1974) – won 56 of 59 (aided by a plurality system which exaggerated the effect of its 50% share of the vote). By 2016, on the back of several opinion polls, many expected its electoral dominance to be complete (although compare Philip, 2016 with Carrell and Brooks, 2016a).

Consequently, although the change over 17 years is phenomenal, this recent sense of inevitability helped produce a dull campaign. In all other Holyrood elections there was either the promise of novelty (from 1999) or high competition between the two main parties (from 2007), to produce a sense of the high stakes involved. So, we saw meaningful competition to accentuate important differences between parties on key policy issues or portray a party’s better vision and image of governing competence. This time, we knew that, for the most part, one manifesto counted far more than the rest.

It is also difficult to find evidence of success when the other parties have tried to interrogate the SNP’s record in government on issues such as health, education, and policing (Cairney, 2016b). This limitation helped produce, in early post-election commentary, a feeling (albeit with limited evidence) that the SNP didn’t need to rely as much on this image of governing competence, since so many of its new members and high number of voters seem to remain enthused more by the implications of SNP electoral success (more constitutional change) than its record in office. SNP spokespeople countered with the argument that the election represents a public vindication of its record.

So, we need to wait for detailed analysis on the role of valence politics and, in particular the parties’ images of governing competence, which was so central to SNP success in 2007 and 2011 (‘most voters thought that the party would do a better job in office than its rivals’ – Johns et al, 2013: 158).

Still, this legacy of the 2014 referendum can be found in the election debates in 2016. While the SNP has been looking for ways to keep alive, but postpone, a second referendum, the three main opposition parties continue to describe the SNP as a one issue party or extol the possibilities for policy change already afforded by further devolution in 2015. Of the few substantive issues to be discussed without a referendum frame, perhaps only educational attainment stands out because it is the issue on which First Minister Nicola Sturgeon has asked to be judged (while ‘fracking’ remains the issue that many in the SNP leadership would like to ignore).

Overall, this election comes with a strong sense of unfinished business elsewhere. In the short term, it has been overshadowed either by UK party politics (in the run up to local and mayoral elections) or the ‘Brexit’ referendum (June 2016) on the UK’s future in or out of the European Union. In the longer term, the SNP’s continued dominance keeps the issue of Scottish independence high on the agenda.

This has been the introduction to an article  that I am writing for Scottish Affairs (to be published in August 2016). You can find the full paper here:  Cairney 2016 Scottish Parliament election 2016 in Scottish Affairs 11.5.16

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The big accountability lie: in Scottish Parliament elections you have to pretend that you’ll succeed (part 2)

In part 1 of this amazing drama I restricted the discussion of ‘governance’ to Scotland. What happens when you expand it to include ‘multi-level governance’ in the UK and EU? It makes it even more difficult to talk about central government control and holding the Scottish Government to account, in a meaningful way, since it shares policymaking responsibility with UK and EU-level authorities.

The concept of MLG helps us understand the wider context of Scottish policymaking. In part 1 we discussed the idea of governance as ‘horizontal’ power diffusion by identifying, for example, the role of interest groups in territorial policy communities, and one aspect of ‘vertical’ diffusion by identifying the extent to which the Scottish Government shares power with local public bodies (see also the so-called ‘Scottish approach to policymaking’).

So, imagine MLG as the formation of policy networks that span more than one level of government, and the ‘emergence’ of policies and practices from multi-level activity. It is important to identify which actors are responsible for those outcomes in theory, to inform discussions of accountability, but difficult to know who to blame in practice when there are blurry boundaries between the actors who make or influence policy. This problem is exacerbated, not solved, by further constitutional change, which is built on a level of shared responsibility, between the UK and Scottish Government, not envisaged in the original devolution ‘settlement’.

Multi-level policymaking: the division of responsibilities

To get a flavour of these overlaps, let’s start with the original settlement, set out in the Scotland Act 1998, which stated which policy areas would remain reserved to the UK Government. Reserved areas are in the left hand column, which allows us to work out the main responsibilities of the Scottish Government. In the middle are some examples of UK/ Scotland overlaps, followed by examples of policy issues that are devolved and ‘Europeanised’.

table 10.1

If we simply compare the left/ right columns, the divisions seem fairly clear. Indeed, compared to many other systems – in which, for example, national and regional governments might share control over healthcare or education – they are.

The ‘Europeanisation’ of policy

Yet, many policy areas were becoming controlled or influenced increasingly by the European Union as they were being devolved. Further, the UK Government is the Member State, with three main implications:

  1. It is responsible for the implementation of EU directives across the UK, which gives it a monitoring role on Scottish policy in devolved areas.
  2. It tends to treat the EU as an extension of foreign affairs/ international relations – a reserved issue – rather than a collection of policy areas which can be reserved or devolved.
  3. It is difficult to consider constitutional change without taking into account key EU rules, in areas such as corporation tax and renewable energy obligations.

Outside of the obvious areas, such as EU rules on free trade and the free movement of people, the most Europeanised and devolved areas tend to be in:

  • Agriculture and fishing. The Common Agricultural Policy and Common Fisheries Policy are negotiated and set at the EU level, often with minimal Scottish Government involvement but with some discretion during implementation.
  • Environmental regulation. Similarly, Scotland’s environmental policies begin with the need to be consistent with EU rules in areas such as water quality and environmental protection.

Then, there is a miscellany of EU advice and regulations with the potential to have a major impact on otherwise devolved policies. For example, the ‘working time directive’ has an impact on doctors’ working conditions, while the habitat directive impacts on planning processes. This is on top of a more general sense that EU rules on trade and the free movement of people have a major impact on any policy area.

The blurry boundaries between reserved and devolved issues

There are many examples of areas in which at least two levels of government are involved. In some cases, this potential for multi-level involvement produced uncertainty about how to act:

  • In the very early years, Scottish ministers expressed uncertainty about their role in issues such as industrial policy and a register of sex offenders.
  • The ‘smoking ban’ raised interesting issues about the ‘purpose test’ to determine who is primarily responsible for key policies. It is part of a larger set of tobacco control policy instruments produced by Scottish, UK, and EU policymakers.
  • Scottish Parliament legislation to introduce a minimum unit price for alcohol has been delayed by court action (it is currently being considered by the ECJ).

In some cases, there were tensions about the overlaps of responsibilities:

  • The Scottish Government’s policy on ‘free personal care’ for older people reduced many people’s entitlement to UK government social security payments. It faced similar issues when proposing a local income tax.
  • The UK’s Home Office policy on ‘dawn raids’ on unsuccessful asylum seekers was carried out in Scotland by a devolved police force.

In others, an overlap of responsibilities seems inevitable, since many policy areas are ‘cross-cutting’; they involve many policy instruments and government departments:

  • Fuel and child poverty are addressed with a mix of taxes, benefits, and public services.
  • Cross-cutting UK initiatives – such as the New Deal and Sure Start – require a degree of cooperation with devolved public services.
  • The Scottish Government’s ‘Fresh Talent’ initiative required Home Office approval.

In other words, overlaps are inevitable when any government tries to combine devolved discretion with national control.

So what?

Although this has been a far more boring post, the issues of accountability strategies are a bit more interesting. The debate, in this case, relates to the extent to which:

  • the SNP in government can blame the messy constitution settlement for its limited room for manoeuvre – an argument that it uses, but sparingly, because it also needs to maintain an image of governing competence (which is not supported well by the continuous claim of powerlessness)
  • the opposition parties can criticise this focus, and make the ‘use the powers you have before you ask for more’ argument, but sparingly, because they must know that the Scottish system is a big mess.

This should at least make it more bearable to watch an election debate (perhaps behind a cushion) because very little of this comes up but you know it’s there. Imagine a warring family that only argues about who should take the bins out or pick up their socks when you know what’s really going on under the surface.

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The big accountability lie: in Scottish Parliament elections you have to pretend that you’ll succeed (part 1)

The Scottish Conservatives took some grief for campaigning to become the opposition party in Holyrood. We all know they won’t come close to winning, but many people would like them to go through the ridiculous charade of pretending to try. Yet, this is only the second most ridiculous pretence in Scottish politics. The first is that the governing party is in control of Scottish government and can therefore be held to account in a meaningful way in Holyrood elections. While one problem will go away next month, the other is a fundamental flaw in our political system that will rip us apart at the seams.

For the people who read beyond the first paragraph, let me lay this out in a less dramatic way by highlighting the gulf between two ways of thinking about Scottish government.

  1. The language of Scottish elections.

The language of elections is one of ambition, high stakes competition, central government control, and accountability through elections:

  • Parties compete to tell you the tantalizing transformations they can deliver with Scottish Government powers.
  • The elections are high stakes because much power is held in Scottish central government.
  • If there is high central control, with major ‘levers’ of policy change, you know who is in charge and therefore who to praise or blame. Education doing well? Praise the SNP. NHS in a slump? Blame the SNP. Police Scotland having a nightmare? Blame the SNP. Wee Jimmy tripped and fell over a wonky slab in Largs? Blame the SNP.

So, the underlying message of Scottish Parliament elections is: let’s blame or praise the central government because it is in control and has the levers to make things happen. It’s much the same, only more so, in Westminster elections.

  1. The language of governance and policy studies

Most policy studies suggest that central government can achieve far less than you’d care to think. We use many phrases to highlight the limits to central control and the pragmatic ways in which the centre shares policymaking responsibility with other actors such as local public bodies and ‘stakeholders’. Key concepts include:

  • Policy communities. Ministers can only pay attention to a fraction of the things for which they are formally in charge. So, they pay disproportionate attention to a small number of issues and ignore the rest. They delegate responsibility for those tasks to civil servants, who consult with stakeholders to produce policy.
  • Governance (not government). There is a blurry boundary between formal responsibility and informal influence. A huge number of actors are involved in the policy process and it is difficult to separate their effects. Instead, we often think of policy outcomes as the product of collective action, only some of which is coordinated by central government.
  • Complexity, or complex government. In complex policymaking systems, policy outcomes seem to ‘emerge’ from local practices and rules, often despite central government attempts to control them. Consequently, there is a large literature which tries to produce pragmatic responses to deal with the limits to central government control.

The language of accountability does not mix well with the language of complexity

I want you to imagine that you’ve put new denim jeans in with your whites wash: one part of the wash has really messed up the other. Now, I want you to think of this as a clever analogy: the language of elections is the denim and it’s really messing up your governance whites.

There are good reasons for central governments to share power and responsibility with other actors, including:

  • civil servants have the capacity, knowledge, and networks to research and make detailed policies;
  • many public bodies like ‘quangos’ need to be at ‘arm’s length’ from ministers to achieve legitimacy in the eyes of their public;
  • local governments have their own mandates, often possess a keener sense of the needs of local communities, and can work in partnership with local stakeholders and public bodies to produce long term strategies for their areas
  • stakeholders provide knowledge and advice on how to deliver policies in specialised areas
  • service users often have profound insights on the public services they receive

So, alongside fighting elections, the Scottish Government tries to produce pragmatic ways to share policymaking responsibility and encourage new mechanisms of accountability: institutional, local, community, service user.

The only problem is this: almost no one buys these forms of accountability, partly because it looks like the central government is trying to shirk responsibility for its actions. Come election time, you have to pretend that you are in charge of all of it. So, it’s difficult to argue during the rest of the time – for example, when ‘being held to account’ by the Scottish Parliament, or criticised in the media – that things are really not your fault.

The worst of it comes when governments try to adapt to both of those things, producing highly contradictory strategies:

  • On the one hand, they pursue thinks like ‘prevention’ strategies which encourage relatively hands-off policymaking for the long term in cooperation with local bodies.
  • On the other, they make election promises – e.g. on the numbers of police officers, teachers, and nurses they’ll employ – and maintain performance management systems to show that they are in charge and making some progress. These actions to achieve short term electoral success can really mess up the long term strategies.

So what?

The upshot is this: we could use our knowledge of this contradiction in language to get beyond simplistic debates in which the elected central government gets all the praise or blame for outcomes in devolved areas in Scotland. It might help produce more honest and sensible policymaking. However, can you imagine any big party ever willing to try? When the Scottish Conservatives get this much shit for admitting they won’t win office, can you imagine a larger party admitting that it won’t achieve that much in office because it’s one part of a complex system?

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Looking ahead: will policy and policymaking change with constitutional change? #POLU9SP

This is the final lecture, and it should take us full circle to the first lecture which began with this statement: ‘A key part of this course is to examine critically the idea that political practices in Scotland are distinctively Scottish’. I provide a brief summary below, but most of the information is in this podcast, which you can download (right click on mp3 or mp4a) or stream here:

Devolution represents a major change in Scottish politics, but it did not produce major change in all aspects of Scottish politics. Instead, some expectations came to fruition while others remain unfulfilled.

Similarly, further devolution or Scottish independence may produce a similar sense of major change in politics and society, but we should not assume that it would produce major change in policy and policymaking.

In that context, let’s revisit the key themes/ questions of the course, ask what has changed in Scottish politics, and use our answer to think about any likely changes in the future:

  1. What aspects of Scottish politics and policymaking are ‘territorial’ and ‘universal’?
  2. Did devolution produce major political reforms and new forms of democracy?
  3. What aspects of the ‘Scottish policy style’ and ‘Scottish approach to policymaking’ are clearly distinctive?
  4. Can you meaningfully describe ‘Scottish politics’ when so much policymaking is multi-level?
  5. Did devolution prompt major policy change and/ or policy divergence between the Scottish and UK governments?

It is in this context that we can produce an informed discussion of the likely effects of major constitutional change in the future. For example, would Scottish independence:

  1. Change the way we study Scottish policymaking?
  2. Produce further political reform and democratic practices?
  3. Change the Scottish policy style?
  4. Have an effect on the multi-level nature of policymaking?
  5. Produce further policy change and/ or divergence?

In many, if not most cases, I think the answer is ‘no’.

 

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Case studies: early years, compulsory, further, and higher education #POLU9SP

This is the third of three posts which use case studies of cross-cutting and specific policy areas to add more depth to our discussion of Scottish politics and policymaking.

One of the SNP Government’s main aims is to abolish inequalities in education attainment. First Minister Nicola Sturgeon put it in this stark way in a speech in Wester Hailes in August:

‘My aim – to put it bluntly – is to close the attainment gap completely. It will not be done overnight – I accept that. But it must be done. After all, its existence is more than just an economic and social challenge for us all. It is a moral challenge. Indeed, I would argue that it goes to the very heart of who we are and how we see ourselves as a nation’.

This specific aim raises important questions about the likely success of such policies when governments (a) seek to reduce the impact, not existence, of socioeconomic inequalities, (b) recognise the limits of their powers, and (c) make choices which seem to undermine their aims. In other words, we need to compare these high expectations with other statements, expectations, and policies pursued in other parts of education and government.

Sturgeon’s uncompromising language is important for three reasons

First, it implies that governments can have this profound level of influence on socio-economic outcomes. It reminds me of two former ambitions of the post-war UK governments: to maintain ‘full employment’, an aim long abandoned by both UK political parties; and to reduce health inequalities by setting up a National Health Service, an ambition exposed as unfulfilled by almost every major publication since the Black Report in 1980 (see also the previous lecture on health). These days, ministers don’t tend to make such bold statements of their likely success (for good reason).

Second, we should remember the point that normally remains unsaid: the SNP-led Scottish Government, like the UK Government, has no stated ambition to go to the ‘root cause’ of the problem to reduce the socio-economic inequalities through a far more redistributive tax and benefits system. It is not yet possible for the Scottish Government to take an approach, often linked to the idea of ‘Nordic’ social democracy, to combine (a) spending decisions based on an appeal to universal service provision, and (b) redistribution through fiscal policy. Instead, there is great potential for inconsistent UK/ Scottish strategies: the Scottish Government to oversee a spending regime that favours the wealthy and middle classes (on universal free services with no means testing) while the UK Government maintains a tax and benefits policy that many people will perceive to be insufficiently redistributive. Nor has the SNP made a firm commitment to redistribution in the event of Scottish independence in the future.

Instead, in almost all cases, we are talking instead about the use of public service delivery to mitigate their effects: a strategy that relies largely on the idea of ‘prevention’ policies to intervene as early as possible in people’s lives – through interventions such as parenting programmes – to improve their life chances.

Policymakers’ language is normally more realistic

Third, it is a language that stands out from most other Scottish Government discussions of education attainment, which reflect a more careful, or less ambitious, focus on realistic progress and change at the margins (as well as the continuous reminder of the Scottish Government’s limited policymaking powers while it remains part of the UK Government system).

One aspect of the more careful language relates to the limitations of government, and Scottish Government in particular. In February 2015, Sturgeon stated: ‘We must do all we can within the powers and resources we have to narrow the gap and drive up standards at all levels’.

This statement accompanied Sturgeon’s announcement of a £25m per year (over 4 years) scheme to encourage new initiatives and learn from success stories such as the London Challenge, a project driven by a similar ‘moral imperative’, and combining a focus on leadership/ collaboration and the relative performance in schools situated in areas with similar socio-economic backgrounds.

Sturgeon followed up this announcement with a focus on the partial return of testing pupils at key stages in schools. This plan forms part of a National Improvement Framework for Scottish education, which ‘will ensure that we are making progress in closing the gap in attainment between those in our most and least deprived areas’.

These decisions will take time to play out, and will involve some Scotland-specific debates about more uniform testing. Testing in this way is a strategy that was previously rejected in Scotland, and opposed by teaching groups, largely because of its association with a system in England built increasingly on league tables of performance, increased school autonomy (from local authorities), competition, and parent/ consumer choice. In other words, note the symbolic as well as substantive importance of testing. However, it may be necessary to have some kind of testing regime to gather data to allow the Scottish Government to demonstrate progress in attainment at key stages.

Is this new aim consistent with older Scottish Government choices?

Education policy sums up the political limitations to broad strategies such as ‘prevention’. The broad idea of ‘early intervention’, to make an impact on people’s lives as early as possible, to help reduce inequalities and the costs of public services, enjoys magnificent levels of cross-party support. Yet, it competes badly with more specific political commitments with the potential to undermine these broad aims.

In Scotland, the best example is current policy on free tuition fees in Universities which, in the absence of redistributive fiscal policy, and the presence of an attainment gap, reinforces inequalities in education three-fold. The first relates to the reduced likelihood of University attendance in school leavers from a deprived background. Lower educational attainment is linked strongly to poverty, and Scotland exhibits a significant gap in attainment in key areas.

Second, as Riddell et al argue, funding inequalities are often masked by a ‘universal’ approach in which higher education is free to eligible Scottish students. Yet, the absence of tuition fees benefits the middle classes disproportionately, while the debt burden is higher on poorer students. The maintenance of University funding also seems to come at the expense of the college places more likely to be filled by students from lower income backgrounds.

Third, there is a famous description of education spending by James Heckman, who argues that spending on early intervention and pre-school education is far more effective in reducing inequalities than spending on schools and universities (an argument that seems to be accepted by the Scottish Government). So, although the Scottish Government has made a commitment to extend funding on pre-school provision and early intervention programmes, these efforts at ‘transformational’ change compete with resources to maintain University funding.

Is there much money available for attainment and early intervention?

The new agenda on abolishing the attainment gap in schools has the potential to address only one of these issues, and it is potentially undermined by the high financial costs of the commitment to maintain other policies such as free tuition fees. Further, most of the real rise in education spending since devolution – e.g. 46% from 2000-11 – relates primarily to a combination of a new teacher contract and a commitment to a target of 53000 teachers, in part to further related targets such as on reduced primary school class sizes (Cairney and McGarvey, 2013: 229). In the past, when challenged on the value for money of such initiatives (in the early to mid-2000s), the then First Minister Jack McConnell defended the policy as a way to aid industrial relations and overall education attainment without identifying progress on inequalities in attainment (Cairney, 2011: 194). These policies continue (and take up most education resources) at the same time as new initiatives on inequalities.

Overall, I expect that we will look back on this one speech – on the ‘moral challenge’ to ‘close the attainment gap completely’ – as an outlier. It is an aim that sounds impressive as a rhetorical device, but it is not backed up by a coherent set of public policies designed to fulfil that end (at least in my lifetime).

 

 

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Case studies: prevention and early intervention to address austerity and inequality #POLU9SP

This is the first of three posts which use case studies of cross-cutting and specific policy areas to add more depth to our discussion of Scottish politics and policymaking.

We begin with a broad focus on ‘prevention’ policy for 4 reasons:

  1. It is a major Scottish Government priority, to use ‘prevention’ and ‘early intervention’ to reduce socioeconomic inequalities and/ or public service costs.
  2. It is an integral part of the ‘Scottish approach to policymaking’, with a strong emphasis on the changes to joined-up national government and partnerships in local government.
  3. It highlights multi-level policymaking and key overlaps in Scottish and UK Government responsibilities.
  4. We can compare the Scottish Government’s initial statement – committing itself to a ‘decisive shit to prevention’ – to actual outcomes.

But what is prevention policy?

Broadly, prevention and ‘preventative spending’ describe a range of policies designed to intervene as early as possible in people’s lives to improve their wellbeing and reduce demand for acute or reactive public services. The argument is that too much government spending is devoted to services to address severe social problems at a late stage. The aim is for governments to address a wide range of longstanding problems – including crime and anti-social behaviour, ill health and unhealthy behaviour, low educational attainment, and unemployment – by addressing them at source, before they become too severe and relatively expensive.

Prevention policy is described periodically as the solution to three major crises in politics.

  1. If we don’t make fundamental changes to the way we fund and deliver services they will go bust.

Prevention symbolises the desire to shift from expensive demand-led reactive services – such as acute care hospitals, jails, and police and social work interventions for ‘troubled families’ – towards intervening as early as possible in people’s lives to improve their life chances and reduce their reliance on the state. The classic intervention may be a public health policy to encourage healthy behaviour, or an early intervention programme to improve the life chances of teenage mothers and their children, but prevention is broad enough to include a campaign to reduce falls among older people, aimed at keeping people out of NHS beds.

  1. Prevention policies can reduce major inequalities within society.

The broad aim is to address the ‘root causes’ of social problems – such as poverty, social exclusion, and poor accommodation – while specific projects focus on early interventions, such as pre-school provision and parenting programmes, to address major gaps in key indicators, such as education attainment, that can be identified from a young age.

  1. Prevention is a solution to modern crises of government.

A prevention philosophy goes hand in hand with a governance philosophy which identifies the failures of top-down centralist government. The general rhetoric is about policy failure when governments try to do things to you, in favour of making policy with you. It comes with a commitment to: ‘holistic’ government in which we foster cooperation between, and secure a common aim for, departments, public bodies and stakeholders; ‘localism’, or fostering the capacity of local communities to tailor national policies to their areas;  tailoring public services to their users, encouraging a focus on the ‘assets’ of individuals, and inviting users to participate and ‘co-produce’ their services; a shift from simplistic short term targets and performance management towards meaningful long term outcomes-based measures of policy success and population wellbeing; as well as some reliance on ‘evidence based policy making’ to identify which interventions produce the most benefit and deserve investment.

How does prevention relate to the ‘Scottish approach’?

In other words, prevention policies generally combine specific ‘interventions’ with the broad governance principles, including ‘localism’ and the inclusion of users in the design of public services, that we discussed in relation to the ‘Scottish approach’ (but which is also pursued, in different ways, by the UK government). For example, the Scottish Government pursues prevention policies primarily via Community Planning Partnerships and the Single Outcome Agreements produced largely by local authorities.

Have a look again at the descriptions of the Scottish approach by Elvidge and Housden (including Elvidge’s belief that ‘traditional policy and operational solutions’ based on a ‘target driven approach’ would not produce the major changes in policy and policymaking required to address major problems such as inequalities).

What aspects of ‘prevention’ does the Scottish Government control?

The UK government controls monetary and fiscal policies, largely determining the budget used by the Scottish Government to spend and invest, and limiting its ability to redistribute income to address economic inequalities. It controls most aspects of social security, including the ability to address inequalities through direct payments, and determine the rules relating to benefits and unemployment.

Therefore, although the Scottish Government has primary responsibility for most areas of delivery relevant to prevention – such as health, education, housing, local government, and criminal justice – as well as some aspects of economic regeneration and employability, it does not have the responsibility to ‘join up’ taxation, social security, and the delivery of public services. For example, its ability to address health and education inequalities by using taxation policies to address income inequalities is very limited (even after proposed changes in the Scotland Acts of 2012 and 2016). It could not reform the benefits system to supplement its powers to influence ‘employability’ policy, or emulate the UK Government’s attempts to pass on social security savings to the local authorities implementing its ‘troubled families’ programme.

How does it fit in with the bigger picture of policy change since devolution?

Although the Scottish Government referred rarely to ‘prevention’ before 2010, it identified several ways to address inequalities. From 1999, it began to address ‘social inclusion’, which ‘become a shorthand label to refer to individuals alienated from economic, political, and social processes due to circumstances such as unemployment, poor skills, low incomes, poor neighbourhoods, bad health and lack of access to childcare’ (McGarvey and Cairney, 2008: 211). The most direct responses, to encourage employability or provide social security benefits, were UK responsibilities, and the Scottish Government relied on UK Government’s policies such as ‘welfare to work, the minimum wage and the Working Families Tax Credit’ (2008: 211).

The Scottish Government’s main response was to address disadvantages by focusing on economic regeneration in specific geographical areas, and reducing ‘unequal access to services such as education, health and housing’ (2008: 210). Its approach to governance reflected a developing ‘Scottish approach’, with an emphasis on social inclusion as a cross-departmental theme and the development of ‘Social Inclusion Partnerships’ (SIPs) which resembled CPPs (2008: 211).

Yet, overall, Scottish social inclusion policy did not differ markedly from the UK Government’s ‘social exclusion’ initiatives, and both governments have continued to promote concepts such as community and individual resilience rather than push for redistributive policies to address exclusion.

Further, the Scottish Government shared with the UK Government a tendency to focus on high profile issues or policies designed to improve outcomes overall without necessarily reducing inequalities of outcome (see the next two lectures/ posts on health and education).

Is there an implementation gap? Or, how do outcomes relate to initial expectations?

Until policymakers make sense of prevention, and turn it into a series of specific policies, it remains little more than an idiom – ‘prevention is better than cure’ – with little effect on government policy.

Although it is probably too early to detect an implementation gap associated with the ‘decisive shift’ in 2011, we can identify the great potential for unfulfilled expectations  based on the lack of progress associated with previous efforts. For example, the Christie Commission, which set the Scottish Government’s new prevention agenda in 2011, stated that:

on most key measures social and economic inequalities have remained unchanged or become more pronounced … This country is a paradoxical tapestry of rich resources, inventive humanity, gross inequalities, and persistent levels of poor health and deprivation … In education, the gap between the bottom 20 per cent and the average in learning outcomes has not changed at all since devolution. At the same time, the gap in healthy life expectancy between the 20 per cent most deprived and the 20 per cent least deprived areas has increased from 8 to 13.5 years and the percentage of life lived with poor health has increased from 12 to 15 per cent since devolution. The link between deprivation and the likelihood of being a victim of crime has also become stronger.

However, note the ‘bottom up’ element to this new agenda: does it make sense to identify the top-down idea of an implementation gap, when the Scottish Government is so keen to set a broad strategy and delegate policymaking responsibility? For me, this is a fascinating dilemma for governments: how to they ‘let go’ of policymaking and make sure that their broad aims are met in a meaningful way?

We can explore these issues in more depth in the next two posts which focus on two of the most devolved policy areas: health and education.

See also: Can the Scottish Government pursue ‘prevention policy’ without independence?

 

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The implementation of policy in Scotland #POLU9SP

There are two classic ways to describe and try to explain policy implementation: top-down and bottom-up (see also the policy cycle).

top down bottom up

We can focus on these descriptions of policy implementation to make two points relevant to our discussion so far:

  1. You might think that the ‘Scottish policy style’ and ‘Scottish approach’ produce fewer problems of implementation, but they produce different problems.
  2. An ‘implementation gap’ reinforces our sense (in the previous lecture) that there hasn’t been that much policy divergence in Scotland since devolution.

Implementation and the Scottish policy style

Based on our discussions so far, you might think that the Scottish Government would suffer fewer problems of implementation than the UK government because:

  1. Its public sector landscape often appears to be less fragmented.
  2. It is less likely to oversee a ‘top-down’ policy style with unintended consequences (note the potential confusion over the meaning of top-down).
  3. Its greater willingness to consult helps it gather information and secure ‘ownership’.

Yet, I found that it (generally) had different, not fewer, problems. For example, you do not guarantee implementation success by relying on local authorities rather than private or third sector bodies. Further, the Scottish Government may have more ‘external conditions’ to take into account, since its policies often overlap with those of the UK government and it often does not control the success of its own policies.

Or, high levels of consultation can help produce unrealistic strategies and inflated expectations when a government gives the impression that: a policy choice represents radical change; it is the key actor (rather than one of many players in a multi-level system); and, it plans to enforce not delegate and negotiate policy delivery.

The Scottish Approach and bottom-up implementation

Indeed, isn’t the newest incarnation of the ‘Scottish approach’ more of a bottom-up than top-down strategy? In other words, it sets a broad framework based on policy outcomes and asks local authorities and community planning partnerships to produce their own strategies to achieve those outcomes.

Consequently, it may not make sense to try to explain an ‘implementation gap’ because some of the top-down conditions for success do not seem to apply, including: there are no clear/ consistent objectives (at least according to my interpretation of that condition), and there is no requirement for compliant officials.

Policy divergence and the implementation gap

Yet, many Scottish Government policies can be analysed usefully through the lens of an ‘implementation gap’, including:

  • ‘Free personal care’ for older people. This is an important one, because FPC used to symbolise policy divergence after devolution. Yet, it translated into a less-than-expected reduction in care home costs and, for many people (it is hard to know the number) a replacement of one way of securing free care with another (you should make sure you understand how this happened – see Scottish Politics for more detail). There have also been problems with waiting lists for care, and debate about what counts/ doesn’t count as personal care.
  • Housing and homelessness. Over the years, the Scottish Government has promised higher housing standards and lower levels of homelessness but struggled to translate ambitious aims into outcomes (and, it has produced essentially the same strategy on homelessness twice since devolution).
  • Fox hunting. You can still hunt foxes if you want (anyway, would there be many people there to stop you if you tried?) and the unintended consequence of policy is that you might now catch the wrong ones.

If we have the time, we might also discuss modern examples such as the Curriculum for Excellence. We might also wonder why some policies seem to have been implemented successfully (can you think of examples?).

In many of these cases, the promise of policy divergence mixes with implementation problems to produce less divergence than we might have expected if we focused simply on the initial choices. This conclusion reinforces the idea that constitutional change in Scotland does not tend to produce radical policy change or major divergence from UK government policy.

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Policy change, convergence and divergence since Scottish devolution #POLU9SP

divergence difference

Policy change is already difficult to measure and explain, but in Scottish politics there is an added dimension. It is common to gauge policy change according to the extent to which Scottish Government policy diverges from UK Government policy. This comparison can only take us so far, so I will begin with a discussion of divergence then take us back to Scottish policy change in its own right.

What might cause convergence and divergence?

Here is a list of possible causes, which we can discuss at more depth in the lecture (and can you think of others?):

Reasons for policy divergence (or difference):

  • Different social attitudes
  • Different parties in government
  • Ministers trying to make a difference
  • The larger role of public sector professionals in Scotland
  • Different policy conditions
  • A different policy process or style

Reasons for convergence (or similarity):

  • Public expenditure and borrowing limits
  • Overlaps between reserved and devolved policies
  • A ‘single market’ in the UK and the need to avoid unintended consequences
  • The same party of government
  • A similar role for key professions
  • Incrementalism, inertia, wicked problems and other reasons to limit policy change
  • Similar problems and ways of thinking (and learning)

box 9.2

Policy divergence: ‘Scottish solutions to Scottish problems’

We sometimes describe policy divergence in Scotland as ‘evolution, not revolution’ (although evolution is not the opposite of revolution). In other words, devolution did not produce a radical departure from the past, in the way that we might associate with former Soviet countries. Rather, there is a mix of high profile ‘flagship’ policies mixed with a lot of fairly innocuous updating of the statute book. The big ones from 1999-2007 include:

  • ‘free’ personal care for older people
  • the reduction of higher education tuition fees
  • the abolition of the healthcare internal market
  • mental health legislative reforms
  • the introduction of the single transferable vote in local elections
  • the ‘smoking ban’ (does this example count?)

Then the big SNP government polices included:

  • the abolition of higher education tuition fees (and prescription charges)
  • the minimum unit price on alcohol
  • the reform of criminal justice sentencing
  • the pursuit of renewable energy projects and rejection of new nuclear energy stations
  • the pursuit of new ways to fund capital projects (e.g. schools and hospitals)

So, we have three images of the much-talked-about-before-devolution phrase ‘Scottish solutions to Scottish problems’

The first relates to the idea that Westminster had insufficient time for Scottish legislation, and so devolution would present a new opportunity for policy innovation and new ideas. Yet, perhaps after a honeymoon period, public policy did not appear to change dramatically or mark dramatic policy divergence from the past or the rest of the UK.

The second relates to devolution as a way to avoid policy innovation: to step off the train associated with the constant top-down reform agenda of the UK government. This second image is often a better guide, and we can link it to (a) the idea that devolution in 1979 represented a missed opportunity to cushion the blow of Thatcherism, and (b) current debates on the extent to which devolution can actually protect Scotland from the worst excesses of UK policy (I am paraphrasing the arguments of other people here).

The third relates more to policymaking than policy: ‘Scottish solutions to Scottish problems’ may relate to how Scottish institutions process policy than the actual policy outputs and outcomes (the ‘Scottish policy style’ or ‘Scottish approach’). As we have discussed in several lectures, this is not necessarily a small difference (particularly if you focus on Greer/ Jarman’s account of the differences in the use of ‘policy tools’).

Don’t forget existing differences

We miss a lot if we just focus on divergence, because much Scottish policy reinforces or maintains existing policy differences, such as when the Scottish Government reformed its curriculum and addressed teacher-local authority relations. Can you think of other examples?

Don’t forget policy change

We miss a lot of policy change if we only focus on divergence from UK government policy. For example, maybe the governments innovate and emulate each other (they don’t though – see box 9.2).

Or, they do very similar things or don’t quite manage to do different things:

  • Housing stock transfer and (until recently) the ‘right to buy’
  • Policies to address so called ‘anti-social behaviour’
  • Attempts by the Scottish and UK Governments (often in vain) to address ‘wicked problems’ such as social inclusion/ exclusion and socio-economic inequalities
  • Public health reforms such as tobacco control
  • Agricultural and fisheries policies (although can you identify key differences?)
  • Land taxation
  • Policies in development, such as an expansion of pre-school care and the very long gestation of local income tax

box 9.4

In the next lecture, we can also go into more depth on the idea of policy change, to identify a difference between (for example) policy divergence as a set of policy choices and their actual effect.

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The effect of constitutional change on politics and policymaking #POLU9SP

This is one of two opportunities in the course to consider the role of further constitutional change. In this lecture, we can explore the changes associated with Scotland Bills (and their causes). In the final lecture, we can take a step back and consider how much the territorial nature of the constitution/ political system compares with ‘universal’ aspects of the policy process.

The Scotland Act 1998 set up the modern Scottish Parliament, outlining its new institutions (including the electoral system) and policy responsibilities. Although I have tried to qualify-to-death the idea that Scottish devolution changed policymaking in Scotland, this was the big one. At the heart of our discussions of the ‘Scottish policy style’ is the knowledge that the Scottish Government has significant policymaking responsibilities and it uses its powers in often-distinctive ways.

The Act also represents the initial ‘settlement’ arising from a decades-long push for political devolution in Scotland. However, it did not prove to be the final settlement. Instead, the UK Government and ‘unionist’ political parties have sought ways to extend devolution enough to maintain Scottish support for the union.

Note the role and endurance of the ‘democratic deficit’ argument

In the 1990s, devolution was often described as a way to solve the ‘democratic deficit’. The charge was that people in Scotland voted for one party in a UK general election (Labour) but received another (Conservative) on many occasions.

This problem was exacerbated by a long spell of Thatcher-led government (1979-1990). A frequent argument is that devolution (made possible by a vote in 1979) could have ‘defended Scotland from Thatcherism’, and allowed the maintenance of Scottish traditions of participative democracy and social democracy. In that context, the new Scottish Parliament represented the idea that Scottish devolution would cushion the blow of any future UK Conservative government.

Yet, as we saw during the independence debate, devolution was often described by Yes supporters as a poor solution to the democratic deficit because the UK Government still makes decisions – particularly on the reform of the welfare state – which have a profound effect on Scotland, with little scope for the Scottish Government to produce an alternative.

The Scotland Acts of 2012 and 2016

The Scotland Act 2012 amended the Scottish Parliament’s and Scottish Government’s responsibilities. It represents the second major attempt at a devolved settlement, following the election of an SNP (minority) government in 2007 and the rise of an independence agenda. The prospect of independence has prompted Scotland’s other main parties (Labour, Conservative, Liberal Democrat – all of which are part of British parties) and the UK Government to consider further devolution; to try to produce a devolved solution that will settle the matter once and for all.

The Calman Commission recommended further devolution in 2009. It prompted the Scotland Act 2012, to introduce further tax devolution (part of income, land and landfill taxes), the ability of the Scottish Government to borrow to invest in capital projects, and new powers in areas such as Scottish Parliament elections, air weapons, driving and drug treatment. The Scotland Act 2012 was designed to be implemented after the referendum, giving opposition parties the opportunity to guarantee further devolution after a No vote.

Scotland Act 2012

Yet, this promise of further devolution proved to be insufficient and, during the referendum period, each party produced separate plans to extend devolution further. The parties then came together, in the lead up to the referendum to make what is now called ‘The Vow’ of ‘extensive new powers’ (and a retained Barnett formula) for a devolved Scotland. The Smith Commission was set up to take this agenda forward. It reported on the 27th November 2014, and its recommendations include to:

  • make the Scottish Parliament ‘permanent’.
  • devolve some fiscal powers, including the power to: set income tax rates and bands (higher earnings are taxed at a higher rate) but not the ‘personal allowance’ (the amount to be earned before income tax applies); set air passenger duty; and to receive a share of sales tax (VAT).
  • increase the Scottish Government’s borrowing powers.
  • devolve some aspects of social security, including those which relate to disability, personal care, housing and ‘council tax’ benefits (council tax is a property tax charged by local authorities to home owners/ renters and based on the value of homes).
  • devolve policies designed to encourage a return to employment.
  • devolve the ability to license onshore oil and gas extraction (which includes hydraulic fracturing, ‘fracking’, for shale gas).
  • control the contract to run the Scottish rail network.
  • encourage greater intergovernmental relations and a more formal Scottish Government role in aspects of UK policymaking.

In response, the UK Government has produced a new draft Scotland Bill.

To a large extent, the proposals reflect the plans of the three main British parties, rather than the SNP (which requested ‘devo max’), although they go further than those parties would have proposed in the absence of the referendum agenda. Again, they are designed to represent a devolved ‘settlement’, reinforced by the knowledge that 55% voted against Scottish independence in 2014 (the turnout was 84.6%).

Yet, this sense of a ‘settled will’ is not yet apparent. Indeed, it seems just as likely that the proposals will merely postpone a second referendum (although it is difficult to predict how long it will take the SNP to think it will win).

What will happen until then?

In the meantime, we can discuss how further devolution might affect the discussions we have had so far. For example, some things don’t seem destined to change much, such as the lack of ‘new politics’ or participatory democracy, the pervasiveness of networks, the development of the ‘Scottish approach’, or the importance of central-local relations. Others might see some significant developments:

  • The Scottish Parliament. If you think it is peripheral to the policy process now, think what will happen when the Scottish Government gets new responsibilities but the Parliament has the same paltry resources for scrutiny (see also McEwen, Petersohn and Swan).
  • MLG and IGR. Nicola McEwen and Bettina Petersohn know more about this than me, and they go into (by drawing on relevant international comparisons) the kinds of issues that the UK and Scottish Governments will face when they develop a shared powers model. The biggest issue is that that there will be far more overlaps in policy responsibilities than before. Under the original settlement, their respective responsibilities were fairly clear. Now, they are expected to cooperate on issues such as taxation, social security, and the energy mix. There is also a weird-looking requirement for the actions of one government to have ‘no detriment’ on another, the effects of which we do not yet know.
  • The Barnett formula. David Bell knows more about this than me, and he thinks that the new arrangements will place a great strain on the formula, partly because the new taxation arrangements give the Scottish Government more power to set its own budget (at least notionally) than rely on a block grant from the Treasury.
  • It’s more difficult to work out the effect of its new responsibilities on tax and social security, but I predict that little will change (albeit in the knowledge that I am not known for my good predictions). Kirstein Rummery knows more about this subject than me. See her commentary on the Scottish Government’s budget and the longer term potential for major change.

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The role of HM Treasury and the ‘Barnett formula’ #POLU9SP

Q: why has the ‘Barnett formula’ endured for decades as a political solution despite being so heavily criticized?

A: it suits both governments because it turns potentially controversial funding negotiations into a routine and humdrum process that normally takes place out of the public spotlight.

BARNETT BOX

Think back to our previous lecture which explained why IGR is so smooth and informal:

  • the arrangements suit both governments even though one is more powerful (and even when headed by different parties)
  • key actors, sometimes political parties but always civil servants, help smooth relations
  • there are well-established routines to solve overlaps in responsibilities and ward off potential disputes

The ‘Barnett formula’ is one of the best examples: the Treasury is the more powerful actor, but it has long accepted the use of a formula which appears to entrench Scotland’s advantageous funding settlement within the UK. It has the power to change the way in which it distributes territorial funding, but no alternative policy offers enough of an economic or political benefit to make up for the fallout from the opposition in Scotland to a major reduction of Scottish Government funding.

But what is the Barnett formula?

Here is a quick description. There is a longer description (and a list of further reading) in Scottish Politics.

The Scottish budget, transferred by the UK Treasury, comprises two elements:

  1. an initial block settlement based on historic spends, and
  2. the Barnett formula to adjust spending in Scotland to reflect changing levels of spending in England.

The formula only relates to changes in the level of spending. It is based on an estimate of populations within the UK. Initially this was a 10–5–85 split for Scotland, Wales and England which suggested that Scotland would receive 10/85 of any increase in comparable spending for England by UK Government departments (or lose the same amount if spending fell). This comparability varies according to department. While some are almost fully devolved (e.g. Health, Education), others are partly devolved (e.g. Transport) and only the comparable spending will be applied to Scotland.

So, ‘Barnett consequentials’ (how much does the relevant Scottish Government budget change when spending for England changes?) are based on three estimates:

  1. Scotland’s share of the UK population
  2. The change in levels of spending of UK Government departments
  3. The level of comparability in specific programmes.

However, note that a change in spending on, say, health in England does not mean a direct change in health spending in Scotland. Instead, the change is made to the overall Scottish Government budget, and the Scottish Government decides if it will follow the UK lead or not.

This final point is at the heart of a lot of futile debate on the extent to which Scottish Government spending on salient areas – such as the NHS – can/ does/ should rise at the same rate as spending rises in England because:

If the Barnett formula is working as allegedly intended it should not be possible for the Scottish Government to keep up (with a proportionate real rise in spending) without finding money from elsewhere.

What is the Barnett Formula allegedly supposed to do?

I say ‘allegedly’ because people have been piecing together the history of Barnett, and not everyone agrees on its primary function.

barnett supposed to do

What we can say for sure is that – ‘all other things remaining equal’ (ceteris paribus) – the consequence of extra spending in England is extra spending in Scotland according to its estimated share of the population rather than its traditionally higher share of UK public expenditure (the latter is sometimes estimated at 20% per head higher than in England).

The latter is proportionally greater because Scotland’s initial block settlement produced much larger per capita spending than in England (‘per capita’ spend is the budget divided by the population). So, there should be significant convergence between spending in England and Scotland: the more spending there is, the smaller the gap in per capita spending.

Yet, the ‘Barnett squeeze’ didn’t happen as much or as quickly as we might expect because:

  • The estimates are not accurate (England’s population is rising more quickly than Scotland’s)
  • Spending doesn’t always go up
  • The UK Government sometimes gives ad hoc funding to the Scottish Government without using the formula (‘formula bypass’)

Further, Scotland’s higher per capita spending is often maintained by UK Government spending that is not covered by the formula, in areas such as social security and agriculture.

Barnett fair

Why has Barnett not been replaced by something more sensible?

The Barnett formula has stood the test of time despite repeated calls for its replacement. We can talk about two key explanations:

  1. Agenda setting and incrementalism/ inertia. Imagine that both governments privately like the political advantages of the formula (although elected members often say something different in public) because (a) it reduces the need for heated negotiations by introducing a semi-autonomic routine, and (b) it might suit both audiences: you can tell an audience in Scotland that it helps maintain its financial position in the short term; you can tell an audience in England that it reduces Scottish advantage in the long term. There is little incentive for them to shift radically from a previously-negotiated settlement, or at least one that only attracts periodic attention.
  2. The alternative is not easy. If you are going to change the system, it will produce winners and losers (and the losers may be more vocal). Ideally, you want to be sure that your alternative is demonstrably better. Maybe you even want to find a calculation that looks similarly technical and objective, so that it doesn’t look like you are making political choices to redistribute funding. Yet, no such objective calculation exists. Maybe the closest thing is a ‘needs assessment’ formula, but it suffers from three problems: a lack of agreement on the concept of need, or the criteria to use (let’s discuss some examples – free tuition fees, catholic schools), a lack of good information, and a lack of political will to go for the big change (or, a concern that the big change will tip the balance in favour of a Yes vote?)

What does this experience tell us about bigger issues of power and IGR?

Barnett is a good example of an effective IGR mechanism in the often-distinctive UK tradition: it helps maintain smooth governmental relations by using a routine measure to make big decisions. The Treasury has the power to change it, and to give the Scottish Government a smaller settlement, but it chooses to stick with a formula that suits both governments in important ways.

We can see a similar mix of power and flexibility in a broader discussion of their relationship:

  • The Treasury still controls the size of the Scottish Government: how much is raised in taxation then passed on to the Scottish Government, and the extent to which the Scottish Government can borrow to invest.
  • However, the Scottish Government has considerable power over how to spend its budget (particularly when compared with territorial governments in other countries).

When you put those statements together, you find some uncertainty about Scottish Government discretion:

  • it has the power to spend, but most of it is effectively tied-up in existing spending decisions (although this would be true regardless of its power to raise money);
  • it comes under partisan pressure to match Treasury decisions, particularly on higher NHS spending.

Further, the UK Government still makes the big decisions on how to deal with ‘austerity’ and, for example, how to reform social security spending.

In the next lecture, we can discuss how forthcoming constitutional changes may affect this relationship.

 

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