With Bangsamoro in mind, How PH can Learn from UK and its Handling of Ireland

UK Devolution & NI Peace Process

Thomas PhippsBritish Embassy Manila

UNCLASSIFIED

Overview

> Since 1999 UK governance transformed

> Referenda / plebiscites held:

– Scotland 74%

– Wales 50.3%

– Northern Ireland 71%

– (Eire 94.4%)

> Legislation passed 1998

> 3 new devolved governments

> Elections in May 1999

What is devolution?

> Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level.

– Differs from federalism

– UK Parliament remains sovereign in law

– Asymmetric: no ‘English Parliament’

– Nature of devolved powers varies

> Devolved powers of the subnational authority may be temporary and ultimately reside in central government – legislation creating devolved governments may be amended or repealed.

Devolution in UK

> Self government for Scotland, Wales and Northern Ireland within the UK

> Legislative powers for the elected Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly.

> Executive devolution to the Scottish Government (formerly Executive), Welsh Assembly Government and Northern Ireland Executive. 

The excepted / reserved powers

> Constitutional matters – including the crown

> Foreign policy, defence and relations with the EU

> Macro-economic policy and taxation (apart from income tax in Scotland)

> Overseas trade

> Employment legislation

> Social Security

> Broadcasting

The devolved powers

SCOTLAND WALES N. IRELAND

Agriculture, forestry & fishing Agriculture, forestry & fishing Agriculture

Education Education Education

Environment Environment Environment

Health Health Health

Housing Housing Enterprise, trade & investment

Justice, policing & courts Local government Social services

Local government Fire & rescue services Justice & policing (Since 2010)

Fire service Highways & transport

Economic development Economic development

Some transport

Financial Arrangements

> Spending funded by a block grant.

> Amount of block grant is determined by the Barnett formula.

> Population Proportions:– Scotland - 10.03– Wales - 5.79– Northern Ireland - 3.45

> PHP 2010 billion for Scotland in 2015

> NI significant additional funds

The Sewel Convention

“as happened in Northern Ireland earlier in

the century, we would expect a convention

to be established that Westminster would

not normally legislate with regard to

devolved matters in Scotland without the

consent of the Scottish parliament.” 

Memorandum of Understanding:

“The UK Government

will proceed in accordance with the

convention that the UK Parliament would

not normally legislate with regard to

devolved matters except with the agreement

of the devolved legislature.”

The non-statutory framework

> Three acts of parliament set out the statutory framework

> Series of concordats provide the non-statutory framework

> Inter-governmental relations

> Memorandum of Understanding is the most important

Joint Ministerial Committee (JMC)

> Central coordination of the overall relationship between the administrations

> Consultative rather than executive body

> Mainly chaired by the Deputy Prime Minister

> Impact of devolved matters on non-devolved matters and vice-versa

> Where both sides agree, may consider devolved matters

> Dispute resolution

Northern Ireland Conflict

Causes of Conflict

•Politics – The existence and nature of Northern Ireland.

•Violence - Society was brutalised.

•Segregation - demographic and social segregation.

•Governance - Inequality and poor governance.

Parallels with Bangsamoro

•Complex web of factors that contributed to conflict

•Policies of settlement or colonisation

•Series of agreements over a number of years

•Significant leadership efforts

•Role of the international community

•Decommissioning, police reform, normalisation

•Ratification by plebiscite or referendum

•Power sharing, wealth sharing arrangements similar

Differences from Bangsamoro

•Greater levels of sectarian violence in Northern Ireland

•Very different development context

•Conflict felt throughout whole country

•Northern Ireland was a national agenda

•Parliamentary style meant stronger govt. mandate

•Agreement provided a future possibility for secession

Lessons

1. No conflict is intractable2. If there is a political problem at the route of a conflict

there must be a political solution3. All parties must accept that a military solution is not

viable4. Political leadership on all sides is critical5. Achieving lasting peace takes many years6. Decommissioning weapons is less important than

commitment to pursue objectives though peaceful means

Lessons (cont.)

7. International involvement is hugely helpful8. Violent groups will always exist but the challenge is

removing their support9. Lasting peace requires good governance and

provision of basic services10. Communities must feel safe – policing should be

community driven11. Genuine, inclusive autonomy need not erode

national sovereignty 12. Peace is for everyone

Omagh Bombing

Maraming Salamat!