Multi-Level Governance and Northern Ireland

Cathy Gormley-Heenan, Derek Birrell

• Publisher: Palgrave Macmillan
• Year: 2016
• Print ISBN: 9781349567157, 9781137453990
• eBook ISBN: 9781137454003
• Topic: Politics & International Relations
• Subtopic: American Government
• Index: Politics & International Relations

This book examines the governance arrangements in Northern Ireland through a multi-level lens, particularly in the period since the new institutions established through the 1998 Agreement became more firmly embedded.

1

The Lens of Multi-Level Governance

Introduction

Multi-level governance has emerged as a valuable concept and framework for analysing modern systems of democratic government. Its background can be traced to studies of federal systems, which have different levels of government at their core, and subsequent studies in the processes of European integration and development of European institutions when an intergovernmental relations model did not suffice. Traditionally, two-level approaches had also dominated in the study of central–local relations in local government. The identification of a process that stripped away functions from national government to create what was recognised as a differentiated polity (Rhodes, 1997) led to the concept of multi-level governance receiving greater attention. This period also saw the major innovation of the establishment of devolution in Scotland and Wales, and its restoration in Northern Ireland. At a different level, there was the growth of supranational bodies adding further relevance to the approach. Sub-national bodies had also been growing in number in Europe and were being accommodated within European Union (EU) structures. It had been noted that the idea of a multi-level polity was replacing old narratives, stressing the variety of institutions and processes through which societies are governed (Gamble, 2000). Pierre and Stoker (2002) also observed that governing in Britain and other western democratic societies had become a matter of multi-level governance. More significant was the argument that the traditional Westminster model, with its emphasis on the cabinet, parliament, the civil service and the judiciary, and the focus on a unitary state with one centre of power, was increasingly limited. At the same time, a focus on delegated governance was seen as denoting a process of governing mechanisms which did not rest solely on the authority of government but involved a multiplicity of actors (Pierre and Stoker, 2002, p. 32), and multi-level governance had emerged as an alternative organising perspective (Bache and Flinders, 2004a). The salience of multi-level governance increased through the work of Hooghe and Marks (2003) in identifying two different categories of this form of governance: Type 1 (MLG 1), which operates on a level of statutory government; and Type 2 (MLG 2), which concerns fragmented governance bodies dealing with specific functions. Bache and Flinders (2004b, p. 5) explain the distinction further as a multi-level concept containing both vertical and horizontal dimensions, with MLG 1 and MLG 2 operating at different territorial levels and governance, signalling interdependence between government and non-governmental actors. Table 1.1 describes the characteristics of MLG 1 and MLG 2.

Table 1.1 Types of multi-level governance – Characteristics

Type 1	Type 2
General-purpose jurisdiction Non-intersecting memberships Jurisdictions organised on a limited number of levels System-wide architecture	Task-specific jurisdiction Intersecting memberships No limit to the number of jurisdictional levels Flexible design

Source: Hooghe and Marks (2010).

The definitions of MLG1 and MLG 2 do not dwell so much on distinctions between government and governance. As a starting point, it is useful to consider government as elected bodies with a set of formal institutions and law making powers, while governance is the more open and wide-ranging term for arrangements covering policy-making and the administration and delivery of services.

Multi-level governance Type 1 and its characteristics

Four basic characteristics of MLG 1 were identified by Hooghe and Marks (2003, 2010). These were, firstly, general-purpose jurisdiction, which meant that decision-making powers were dispersed across the different levels, and secondly, coverage of a bundle or range of functions that were exercised by each level. The third was non-intersecting membership, meaning membership that was territorially based but with each jurisdiction being defined by boundaries that were non-intersecting at any particular level. The fourth characteristic was system-wide architecture, which implied structures and institutions at each level that resembled each other, with an elected legislature, an executive, an administrative system and a legal basis. A limited number of levels were identified or recommended, and a three-level model – central, intermediate and local – seemed common, but the number of levels has increased with the expanded scope of government.

The levels that tend to predominate with recent developments as applied to all modern states are listed in Box 1.1.

Box 1.1 Multi-level governance Type 1 – Levels in general

• Local

• Devolved or regional

• National

• EU

• Supranational/global

It is possible to list the attributes of MLG 1 bodies in more detail.

• They are a distinct entity.

• They have a statutory or legal basis.

• They are based on a clear division of functions between each level.

• They have a set of largely similar institutions of government, usually with an executive, an elected parliamentary body and administrative machinery.

• They have powers that distinguish each system as a level of governance in terms of policy powers, law-making powers, financial resources, judicial controls and administrative capacity.

• Each level of governance has a significant role and range of functions. Not all levels of governance have similar characteristics or are of equal importance.

• There are normally differences in the distribution of powers between the levels, subject to variation in different countries.

• Some policy areas may lend themselves to a division between levels of government (Piattoni, 2010, p. 225), for example, transport, environment, agriculture and economic development.

• Not all levels of governance are democratically elected, although most are.

• The number of multi-level governance bodies may differ between countries and has tended to increase from the two or three levels originally identified.

• While multi-level systems may be durable and legally entrenched, others display more flexible characteristics, and the configuration of levels may change and their powers alter. The overall structure is normally not as durable or fixed as in federal systems.

• The importance of each level may be a variable factor and subject to changes reflecting the political circumstances.

Local government

Local government is usually listed as the lowest level of multi-level governance in most countries. Local government can consist of an extensive network of local bodies with a distinct legal identity and may have more than one tier within the system, for example, Scotland and Wales each have a two-tier system, with community or town councils as well as the major tier. Local councils are elected and therefore is a level of government that can claim a democratic mandate akin to that of national government. Local councils are multi-functional bodies and, although subject to change and development, tend towards a common range of functions. The range of major services has traditionally covered direct provision of social services – education, social care, planning, aspects of housing and health, youth services, community, leisure and sports – plus technical and regulatory services in the areas of the environment, building, waste disposal and roads. Other possible functions lie in more strategic areas of area planning, urban and rural regeneration, transport, heritage and tourism. Many local councils have taken more commercial initiatives in a disparate range of activities. Some indication of the scale of local government in Great Britain is given by the size of the local government workforce: some 2.7 million in England and 500,000 in Scotland. A major change in UK local government has been a move from direct provision of services to commissioning and outsourcing in such areas as adult social care. Local government has lost powers in some areas, such as their control over some types of schools, but gained new powers, for example, in public health. Councils have some degree of financial autonomy through local taxation powers, but are mainly dependent on central government funding, at least in the UK. Local government in some other countries has much more fiscal autonomy (Burnham and Horton, 2013). The functions and structure of local government are largely determined by national government, which does place this level of governance in a subordinate position, often demonstrated in the control, directive and audit mechanisms that the national or central government can exercise.

National government

National governments are the keystone of systems of multi-level governance, with their significant control of legislative and financial power. National governments are, of course, distinct entities exercising jurisdiction over the national territory. Democratic national governments have a similar set of institutions comprising a core executive of prime minister and cabinet, parliament, government departments and bureaucracy, and other statutory bodies. The powers of national governments display a great deal of symmetry with responsibilities for constitutional matters, foreign policy, defence, national finances, the economy, the judiciary, immigration and major policies on citizenship. The UK has had a long tradition, at least until devolution, of a very powerful central government and, unlike those in many other countries, its national government has retained control of major functions in social protection, health, education and planning. For other functions, the UK Government has shared its responsibilities with other levels of governance, including those for social care, poverty, youth services, the environment, transport, rights and equality. Through their legislative and financial powers, national governments have considerable authority to determine the configuration of multi-level governance and the comparative importance of each level. Thus far, the trend has been for national governments in Europe to transfer powers to sub-national, regional or devolved governments, and to EU institutions, but this trend is not so clear in relation to local government.

Devolved governance

Forms of sub-national government located between national government and local government have become a major factor in increasing the level of interest in the multi-governance lens. Originally, multi-governance was marked as relating to federalism and federal constitutions, which created powerful sub-national state governments and elected parliaments or legislatures. The division of powers reserved national policy areas, such as defence, foreign policy, national finances and the economy, and citizenship for the national government, with other areas of policy being divided or the responsibility of the state governments. Constitutional provision usually made it difficult to alter and amend the federal arrangements. The clearest examples of federal systems were limited, with the major examples being the USA, Canada, Australia, Germany and Switzerland. In the UK and other European countries, forms of sub-national government also developed, but in the form of devolved government or regional government. This was a response to both a resurgence of regional identity and criticism of over-centralisation. In this level of government, legislative, executive and administrative powers are devolved by national government, leaving the devolved governments in a subordinate position under ultimate legal control by the central government. Often devolved arrangements may apply only to parts of the national territory for political and historical reasons. In this way, the establishment of devolution in 1999 in Scotland, Wales and Northern Ireland led to a new distinctive level of multi-level governance in the UK, which did not extend to England.

Box 1.2 Characteristics of devolved government

The main general characteristics of devolved government can be described as:

• Elected institutions of executive and legislative government that are separate from the national government and established by statute.

• Exercising jurisdiction over a geographical territory.

• Having a cabinet-type executive with a parliament, government departments, a bureaucracy and other public bodies.

• A division of powers between the national government and the devolved governments. The major national government powers relate to foreign policy, defence, the national economy and national finances. Non-devolved powers are listed in legislation for Scotland and Wales, and all other matters are devolved. For Wales, devolved powers are specifically listed in legislation.

• Devolved powers have a primary focus on social policies, education, health social care, children and youth, as well as on the environment, housing, planning and transport.

• There have been differences between the powers given to the various devolved governments, which are described as being asymmetrical. However, there has been a common trend for devolved powers to increase as devolution became more established, with full legislative power given to Wales, more fiscal devolution for Scotland, and justice and policing devolved to Northern Ireland.

• All the three devolved systems now have a sufficient mass of resources, powers, finances, and administrative and popular support to constitute a distinctive tier of government.

• The devolved systems have established themselves as a legitimate and an acceptable form of government in the eyes of the public.

• The devolved system in the UK is highly flexible and can be changed quite easily by primary legislation or secondary legislation at Westminster.

• It has emerged over time that, in practice, there can be overlaps between the national governments and the devolved governments.

The European Union

The EU played a major role in the development of the principles and framework of multi-level governance and became established as a major tier of this form of governance. Its institutions...

Table of contents

• Cover
• Title Page
• Copyright
• Contents
• List of Figures, Tables and Boxes
• Acknowledgements
• List of Abbreviations
• Introduction
• 1. The Lens of Multi-Level Governance
• 2. UK Government and Northern Ireland
• 3. Devolved Government – The Executive
• 4. Devolved Government – The Northern Ireland Assembly
• 5. EU and International Governance
• 6. Cross-Border Governance in Ireland
• 7. Local Government in Northern Ireland
• 8. Delegated Governance
• 9. Partnership and Collaborative Governance
• 10. The Impact of Multi-Level Governance
• 11. Conclusions
• References
• Index