Week 2'2

1
Week 2.2

• The New Politics in Scotland

2
Guest Lectures

• (NB Scottish Parliament visit)
• New politics used old Westminster as a point of
  departure
• Point of guest lectures to examine
• Is this anything new in principle (or is this
  type of politics borrowed?)
• Is it new in practice?
• Has new politics made a difference

3
The Scottish Parliament and the New Politics

• The original hopes

4
Hopes based on criticism of Westminster

• Electoral style
• Adversarial style
• Executive dominance
• This extends to committees.
• Concern about the role of a second chamber.
• Limited links between state and civil society
• Closed consultation with the usual suspects
• Parliamentary overload
• Microcosmic representation and in particular
  the lack of women in Parliament

5
New politics about

• A proportional electoral system with a strong
  likelihood of coalition
• A consensual style of politics with a reduced
  role for party conflict
• Power sharing rather than executive dominance
• A strong role for committees to initiate
  legislation, scrutinise the activity of the
  executive and conduct inquiries
• Fostering closer links between state and civil
  society through parliament (e.g. with a focus on
  the right to petition parliament and the
  committee role in obliging the executive to
  consult widely)
• Ensuring that MSPs have enough time for
  constituency work (by restricting work in the
  Scottish Parliament mainly to 3 days per week)
• Fostering equality in the selection of candidates
  and making the Scottish Parliament equally
  attractive to men and women

6
These issues are discussed in the literature

• Mitchell (2000 605) assumption that there was
  an underlying consensus in Scottish politics
  which was frustrated by old institutions and
  practices or that new institutions and practices
  could create a new consensual political culture.
• Keating (2005 13-15) devolution alone could
  not assuage widespread disenchantment with
  politics. This tied in with a vogue for more
  participative types of policy making and a new
  relationship between governors and governed.

7

• Arter (2004 76) - old politics suffered from a
  legitimacy deficit falling turnout,
  disillusion with parties and politicians and the
  remoteness of government in London. Yet
  devolution on its own would not reinvigorate
  politics.
• Arter (2004) - Committees would also be able to
  initiate legislation, in an attempt to reduce
  executive dominance (in contrast with Sweden, in
  which this initiation was to be as a last
  resort).
• Millar (2000 16) - power sharing is complemented
  by PR which ensures power is shared more equably
  between the people, the legislators and the
  Scottish Executive (because more voters are
  represented in government).

8
The Scottish Constitutional Convention

• See Brown (2000) for discussion of
• The establishment of the Campaign for a Scottish
  Assembly (Parliament) after the 1979 referendum
  an all-party group based on a critique of an
  unrepresentative and unaccountable Westminster
  government which creates an illusion of
  democracy (2000 543-4)
• Its proposal for the SCC to draw up a scheme for,
  mobilise support for, and secure approval of, a
  Scottish Parliament
• Its membership Labour and Liberal Democrats,
  some small parties, not the Conservatives,
  temporary SNP participation. Plus a range of
  organisations including trade unions, business,
  local government, churches, voluntary sector and
  womens groups (2000 544).
• The SCCs progress, from its first main report
  Towards Scotlands Parliament in 1990 to its
  final report in 1995 Scotlands Parliament,
  Scotlands Right

9
Scotlands Parliament, Scotlands Right

• the coming of a Scottish Parliament will usher
  in a way of politics that is radically different
  from the rituals of Westminster more
  participative, more creative, less needlessly
  confrontational (Scotlands Parliament,
  Scotlands Right. For more background on the SCC
  see http//www.almac.co.uk/business_park/scc/ ).

10
SCC proposals include

• Powers of the Scottish Parliament to reflect
  those areas of policy currently within the remit
  of Scottish Office.
• Following the EU principle of subsidiarity
  (extending to local government and Islands)
• To make quangos more accountable.
• Scotland has its own laws but not its own
  legislature,
• To ensure the legislation creating the Scottish
  Parliament cannot be repealed by Westminster.
  Enshrined in the EU constitution?
• To create an organisation to deal with Scottish/
  UK disputes.
• The production of a charter of rights which goes
  beyond international and EU requirements, and a
  Freedom of Information Act.

11

• A Scottish Parliament of 129 members.
• 73 members elected on first-past-the-post.
• 56 additional members 7 from each of 8
  constituencies, corresponding with the 8 European
  Parliament Constituencies
• A separate boundary review system
• Broadly proportionate representation between
  men and women
• Fiscal devolution coupled with a limited ability
  to raise taxes

12
Functions of the Scottish Parliament include

• A more open and accessible parliament, working
  business hours
• A greater emphasis on procedures to ensure
  rigorous scrutiny of proposed legislation to
  make up for the lack of a second chamber
• The legislative initiation function to be shared
  between the executive and parliamentary
  committees
• Powerful parliamentary committees capable not
  only of scrutiny, but also policy initiation and
  inquiry
• A mechanism to allow people to petition
  parliament
• A statutory requirement for the executive to
  consult widely before legislating
• The promotion of equal opportunities
• To encourage and promote constructive, rather
  than confrontational, debate and discussion.
• There is no need to build a Scottish Parliament
  A building is waiting ready on Edinburgh's
  Calton Hill.

13
Consultative Steering Group

• SCCs recommendations incorporated into the July
  1997 White Paper, Scotlands Parliament
• legitimised in the positive referendum vote in
  September 1997
• CSG set up November 1997
• CSGs role was to develop a detailed set of
  procedures for the Scottish Parliament
• Procedures mark a departure from the Westminster
  style
• To be supplemented by the conduct of MSPs.

14
The role of the Scottish Parliament was to be
based on its underlying principles of

• power sharing
• accountability
• equal opportunities and
• openness and participation

15

• the Scottish Parliament should embody and reflect
  the sharing of power between the people of
  Scotland, the legislators and the Scottish
  Executive
• the Scottish Executive should be accountable to
  the Scottish Parliament and the Parliament and
  Executive should be accountable to the people of
  Scotland
• the Scottish Parliament should be accessible,
  open, responsive, and develop procedures which
  make possible a participative approach to the
  development, consideration and scrutiny of policy
  and legislation
• the Scottish Parliament in its operation and its
  appointments should recognise the need to promote
  equal opportunities for all. (http//www.scotland
  .gov.uk/library/documents-w5/rcsg-04.htm)

16
Sharing the Power and Parliamentary Business

• Broad aims not new while Members and Committees
  in the Scottish Parliament will have the power to
  initiate legislation, the majority of legislation
  will originate from the Executive.
• CSG recognises the need for the Executive to
  govern

17
The difference is improved scrutiny based on a
strong committee role

• All-purpose committees with combined Standing
  and Select Committee functions
• Ability to call witnesses and oblige ministers
  (and civil servants) to attend
• Ability to hold Inquiries
• Ability to initiate legislation
• Committees as the revising Chamber?
• Pre-legislative monitoring role
• Recognition of draft Act
• Importance of early consultation of Scottish
  Parliament to value of consultation with groups

18
Sharing the Power the Role of Civic Society

• Greater use of draft Bills which are still open
  to change
• The committee role in ensuring wide consultation
• A civic forum as a focus for civil society
• A system for the receipt of public petitions, to
  ensure public initiation of policy as well as a
  response to it

19
Accountability

• This is to be ensured in 4 main ways. The
  accountability of
• MSPs through a training programme and strict Code
  of Conduct which reflects the recommendations of
  the Nolan Committee on Standards in Public Life
  (public duty, selflessness, integrity, honesty,
  etc.).
• The Scottish Executive through a strong committee
  system (see above), Parliamentary Questions,
  announcing legislation as soon as possible, an
  annual policy and finance report, the requirement
  for the Executive to justify its position in
  debate and through specially arranged ministerial
  statements, as well as the ability for a vote of
  no confidence in ministers if 26 MSPs support the
  motion.
• Public expenditure through strict audit
  arrangements.
• Decisions made in Europe with a dedicated
  committee.

20
Openness and Participation

• Parliament - different channels of consultation
  to be considered e.g. social partnerships,
  consensus conferences, citizen juries, opinion
  polling, public petitions
• Committees expert panels, advisory councils,
  and recognition of forums (e.g. Civic). Take
  evidence around the country
• Scottish Executive - detailed justification when
  introducing legislation, the role of committees
  in ensuring consultation.
• A general commitment to transparency (e.g. with
  the use of IT and an information centre) and
  working business hours.

21
Equal opportunities

• A commitment to mainstreaming, defined by the
  Equal Opportunities Commission as the
  integration of equal opportunities into all
  policy development, legislation, implementation,
  evaluation and review practices
• The introduction of an Equal Opportunities
  committee to monitor legislation and make
  recommendations to the lead committee
• A working arrangement which is equally
  attractive to mean and women and is family
  friendly.
• Clear language which is gender neutral

22
Would There and Should There be a New Politics?

• Preliminary assessment of new politics before
  other lectures
• Note that in some countries (e.g. Japan)
  consensus is an unsatisfactory style of old
  politics.
• Is consensus, inclusiveness and
  non-partisanship as good as it is cracked up to
  be?

23
Initial points from the literature

• The maintenance of Westminster-style procedures
  (baby/ bathwater) First Minister questions and
  the Scottish Ministerial Code. Irony -
  Westminster the most studies other countries
  less well understood.
• The maintenance of external interests. Standards
  Committee of the Scottish Parliament it is a
  matter for the judgment of individual members as
  to whether they wish to accept paid outside
  employment.
• The maintenance of a Westminster culture we
  should not forget the hold that the old style of
  politics has on the participants in Scotland
  (many of which were Westminster MPs).
• The maintenance of Westminster relationships.
  Power sharing should not be overstated. E.g. not
  envisaged with legislative initiation.

24

• Westminster as a caricature. Remember that Major
  and Blair governments have often been labelled as
  too responsive.
• The continued role for party politics the CSG
  ignored whip process importance of electoral
  competition on cooperation Westminster style of
  exaggerating differences essential to parties
  the 2 main parties disagree over constitutional
  change Labour MSPs on message.
• In other words, there is still evidence of old
  politics. Electoral system designed to scupper
  SNP? Debate over list MSP facilities and
  representation the SNPs exploitation of
  lobbygate ? Irony that party members would use
  the lack of delivery of new politics against
  other party members.
• Parties play a positive role. Keating (2005 16)
  Parties .. are one of the main mechanisms by
  which parliamentary democracy works, providing
  choices, debate and accountability.

25

• That terms such as consensus through close
  partnerships with civil society may obscure the
  issue. Keating (2005 16) Consensus politics
  may be a fine ideal for some issues, but it may
  also stifle pluralism, dissensus and debate.
  Keating suggests that if we change the term
  civil society which has such a positive image,
  to special interests, then we get a different
  picture of close, stable relationships between
  groups and government.
• A lack of responsiveness? Since
  first-past-the-post systems tend to exaggerate
  vote swings, the ruling party is more responsive
  to electoral opinion.
• Unrealistic expectations .
• Misplaced loyalty towards small/ excluded groups.
  

26

• That the pre-devolution consensus was illusory.
  Based on opposition to the long term imposition
  of a Conservative government.
• Ignorance of the fact that power resides in the
  Executive. E.g. Committees do not have the same
  resources to research and consult.
• That not all of the aims of new politics will be
  compatible. (a) devolving decisions to the civic
  forum would increase participation, but diminish
  accountability (b) Clause 28 caused some
  divisions between the need for political
  leadership and the obvious result of greater
  participation (c) tension between the enhanced
  constituency role and the parliamentary role.
• That one of the main tenets of new politics
  consensus and bargaining between Scottish
  Parliament and Scottish Executive was lost as
  soon as Labour and the Liberal Democrats formed a
  governing coalition

27

• The difference between constitutional and public
  policy issues. Big difference between agreeing
  on the mechanisms by which we are governed and
  agreeing on the substance of policy, which is
  often neither possible nor desirable.
• That new politics is a naïve proposition This
  appears to be an attempt to treat politics as an
  ideologically vacuous exercise in which
  agreement can be reached and rational
  policy-making achieved through new institutions
  and processes (Mitchell, 2000 620).
• Read Newspapers! Eg recent criticism that the
  Scottish Executive consults too much while the
  expense and time-consuming nature of written PQs
  often receives attention.

28
And Finally .Microcosmic Representation as an
end in itself?
If we focus on the current representation of
women then the Scottish Parliament is different
(and Labour has more women than men)
29
The Labour party (in contrast to the
Conservatives) currently has more female than
male MSPs
30
Different Social Background

• There are
• Fewer MSPs with an Old Labour trade union
  background,
• Fewer former councillors
• Fewer with independent school or (obviously)
  Oxbridge backgrounds.
• Fewer solicitors/ barristers and more teachers
  and social workers (perhaps in reflection of the
  responsibilities of the devolved government).
• Less dominated by career politicians than
  Westminster?

31
We can qualify these findings to some extent

• (except for gender) there are fewer differences
  between MSPs and the Scottish Westminster MPs
  (see McGarvey et al, 2000 for a similar
  discussion of the 1st election).
• Ethnic minorities have not been well represented
  in elections (see Mitchell, 2000 609). (plus
  other excluded groups? By disability?)