Avatar

#indyref

@indyref / indyref.tumblr.com

A blog of media related to Scotland's Independence Referendum, to be held on the 18th September 2014. #indyref
Avatar

Developing a Dialogue

The protocols developed for intergovernmental relations in the aftermath of devolution would have needed adapting to cope with the greater devolution recommended by the Smith Commission but, says Alan Page, Professor of Public Law at the University of Dundee, they were in urgent need of review before that.

The UK’s central and devolved administrations have, to put it mildly, demonstrated considerable difficulty ‘playing nicely’ together. The problems lie not so much within the existing framework, although there is plenty of room for improvement there, as in the fact that there is a lack of coordination between different Whitehall departments in terms of how they relate to the territorial administrations. The outworking of the Smith Commission is likely to lead to calls for new protocols but there is a need for a change in practice as much as in procedures.

There is nothing new about the complaint that Whitehall treats consultation with the nations of the UK as an afterthought – when it gives them any thought at all. Part of the logic behind devolution in the first place was that the interests of Scotland, Wales and Northern Ireland tended to be overlooked by a London-based bureaucracy. There has also been an undue reliance on informal methods of communication and consultation, which, although they will always have role to play and should be encouraged, are not a substitute for a properly functioning system of intergovernmental relations.

The Memorandum of Understanding underpinning the current arrangements sets out three principles; communication and consultation, cooperation, and confidentiality. In practice one of these – confidentiality – has been given primacy, one consequence of which is that effective parliamentary scrutiny is hampered. By contrast, cooperation is defined in a manner that falls well short of even resembling an obligation:

‘All four administrations want to work together, where appropriate, on matters of mutual interest. The administrations recognise the importance of cooperation across a range of areas. They also recognise that it may be appropriate for them to undertake activities on each other’s behalf, which may be covered in agency arrangements or other agreements.’

Memorandum of Understanding and Supplementary Agreements between the United Kingdom Government, the Scottish Ministers, the Welsh Ministers and the Northern Ireland Executive Committee (October 2013) para 8

One notable omission from the current arrangements is the principle of mutual respect – explicitly recommended by the Calman and Silk Commissions and implied in the foreword to the report of the Smith Commission. The introduction of such a principle, acknowledging what Silk refers to as “mutual respect and equality of esteem”, would go some way encouraging an attitude of cooperation between equals rather than one of either casual indifference or presumed consent.

There are also a number of structural changes that would serve to encourage both a more coordinated approach and more transparent outputs. The case for replacing the exiting territorial offices with a single department would now seem overwhelming. It would supply a clarity of focus that would be useful when relations are as amicable, as they are now, and vital were they to sour. Similarly, the creation of a Commons Devolution Committee would provide a focus for scrutiny of that new department and ensure that appropriate protocols and procedures were not only adopted but adhered to.

To date there has been significant resistance to putting inter-governmental relations on a statutory footing. The Memorandum of Understanding explicitly states that it is a ‘statement of political intent’ rather than a legally binding arrangement. It is, perhaps, unsurprising that politicians in both devolved and central governments wish to have the maximum room for manoeuver without troubling overmuch with the niceties of parliamentary or judicial oversight. However, as with clarity of executive purpose and transparency of parliamentary scrutiny, the possibility of judicial intervention would ensure that a consistent standard was applied across all four administrations.

Taken together, a single ‘home affairs’ department responsible for the relationship(s) between the governments of the UK, accountable on a statutory basis to a dedicated parliamentary body and appropriate judicial authority would allow for a far more effective degree of coordination and oversight than has been practised hitherto.

Alan Page is Professor of Public Law at the University of Dundee. His next book, Constitutional Law (W Green & Son 2015), is the first full account of the governance of Scotland by a constitutional lawyer since devolution; it will be available from May.

via Centre on Constitutional Change http://ift.tt/1ASs0ot

Avatar

Secret crime squad spied on referendum - Express.co.uk

Secret crime squad spied on referendum Express.co.uk However, Police Scotland said none of the logs had been retained and it was therefore impossible to provide a total number of referendum-related crimes. The revelation undermines claims about the "peaceful" nature of the independence campaign.

via scotland referendum - Google News http://ift.tt/1ASrXsU

Avatar

Recipe: Red Lentil Soup — Weeknight Dinner Recipes from The Kitchn

Lentil soup is comforting, simple, and easy to throw together with the bare minimum of ingredients. It’s my go-to when I want something hearty but healthy, when I feel like my body needs a reset from a spate of indulgent eating, or when I'm tasked with feeding vegetarian or vegan friends on a chilly day. This pared-down red lentil version is the one I make most often, and it never fails to please.

via The Kitchn | Inspiring cooks, nourishing homes http://ift.tt/1AiA4Ei

Avatar

Quote of the Day

Douglas Carswell last night… “It is wonderful, it is a great feeling. I have been a member of Ukip for six weeks and all the time I have been in politics I have been looking for something like this – a party that is for ordinary people. It is not run by and for the […] via Guy Fawkes' blog http://ift.tt/1ECbSN3

Avatar

Resistance is inevitable

We’re into the final 100 days of the referendum (an insignificant milestone given prominence by the nice round number), and things are starting to get hot. National Collective are about to give Caledonian MacBrayne bumper summer profits as they convoy across the nation on their Yestival tour, Labour are out on the doorsteps with the […] via Better Nation http://ift.tt/1o2APvE

Avatar

Scottish independence: Poll finds English and Welsh are 'backing Union' - The Independent

Scottish independence: Poll finds English and Welsh are 'backing Union' The Independent It comes after US president Barack Obama declared that the United Kingdom appears to have “worked pretty well”, as he said America's interest in the Scottish referendum issue was to ensure it retained a “strong, robust, united and effective ally”. The ... MP Nick Brown plays down threat from Scottish independence Scottish independence and English border businesses ONS unveil compendium of comparable statistics across the UK

via scotland referendum - Google News http://ift.tt/1ntF8d2

Avatar

Scottish independence referendum: Q&A on key uncertainties and consequences - FXstreet.com

Scottish independence referendum: Q&A on key uncertainties and consequences FXstreet.com A national referendum will be held in Scotland on 18 September 2014 to decide whether or not the country will become independent from the UK. The vote will be a simple yes/no to the question 'should Scotland be an independent country?'. In the event of ... Scottish Independence: What's Next?

via scotland referendum - Google News http://ift.tt/1qBwKyj

Avatar

Scottish referendum: M&C Saatchi tackles 'no' ad campaign - Channel 4 News

Scottish referendum: M&C Saatchi tackles 'no' ad campaign Channel 4 News A Yes Scotland spokesman said: "The fact that the no campaign has hired Margaret Thatcher's favourite PR people, who helped usher in 18 years of Tory government that the people of Scotland rejected, shows just how out of touch they have become with the ...

via scotland referendum - Google News http://ift.tt/1ntF6SD

Avatar

Lego asks government to remove Scottish independence images

Toy manufacturer says it is politically neutral and did not provide photos for press release encouraging Scots to stay in UK

It was supposed to be a brick-by brick demolition of the economic case for Scottish independence, but the UK government's attempts hit an unexpected brick wall of their own toy manufacturer Lego.

The company asked the government to remove images of Lego figures used in a press release telling Scottish voters all the ways they could spend the money they would apparently save by voting against independence.

Continue reading... via Scottish independence | The Guardian http://ift.tt/1mkuXqw

Avatar

Barack Obama on Scottish independence vote: US wants UK to remain united video

US president Barack Obama addresses the prospect of Scottish independence as well as Britain's membership of the European Union on Thursday, during a joint press conference with prime minister David Cameron in Brussels. In a briefing which followed talks with G7 leaders, Obama says the union of Scotland with the rest of the UK worked well, and that the US valued Britain's 'seat at the table' in Europe Continue reading... via Scottish independence | The Guardian http://ift.tt/1xgD4NG

Avatar

Referendum: Barack Obama backs 'strong, robust, united' Britain - stv.tv

Referendum: Barack Obama backs 'strong, robust, united' Britain stv.tv The United Kingdom appears to have "worked pretty well", Barack Obama declared as he said America's interest in the Scottish referendum issue was to ensure it retained a "strong, robust, united and effective ally". The US president was pressed for his ... Scottish independence: Barack Obama backs 'strong and united' UK Barack Obama suggests Scotland should stay in UK Barack Obama says Scotland should remain part of United Kingdom  -

via scotland referendum - Google News http://ift.tt/1qBwHCF

You are using an unsupported browser and things might not work as intended. Please make sure you're using the latest version of Chrome, Firefox, Safari, or Edge.