Challenges to Devolution in England

As Scotland, Wales, and Northern Ireland gain more power through the process of devolution, the fate of devolution in England remains a question. English devolution seeks to address the issue that Westminster Parliament, with representation from Scotland, Wales, and Northern Ireland, has power to create laws regarding exclusively ‘English affairs’ (Cox, 2016). To address this issue, several solutions have been proposed. One proposed solution is devolving some powers to regional legislative bodies and executives representing specific areas of England (Cox, 2016). In addition to solving the ‘English Question’, it is argued that devolution allows for better public policy as policies can be tailored to the needs of a smaller area (Mackinnon, 2013). This post seeks to highlight some challenges with the current system of devolution in England, including how areas are determined as well as the democratic legitimacy of devolution.

The Current State of Devolution in England:
To identify the challenges of devolution within England, the current system must first be examined and explained. The current system of devolution is divided into levels from one to three, with the expected introduction of a fourth level for Greater Manchester and West Midlands (Sandford, 2023). These levels refer to the amount of powers given to local authorities as well as the type of institution charged with managing these authorities. These powers can include transport, land use, economic growth incentives, police and fire, and other additional powers depending on the region. Not all regions have all devolved powers as each region has a specific devolution deal that outlines which powers they will be granted (Sandford, 2023). To determine these specific devolution deals, each local authority negotiates with government to create a ‘devolution deal’ which then must be approved by each council involved (Sandford, 2023). Based on the Cities and Local Government Devolution Act 2016, these deals do not need to be approved by a referendum (Sandford, 2023).

Challenge 1: Defining regions for devolution
One difference between devolution in England compared to Scotland and Wales, is the lack of national or regional identity associated with a devolved area. In Scotland and Wales, the nations have a shared history and culture to provide legitimacy to their desire for autonomy from a centralised government (Richards and Smith, 2016). Within England, the devolved nations do not necessarily have the same level of shared history and culture. Thus, one challenge that may need to be addressed is the criteria of how a devolved region within England is decided. There are currently population criteria (500,000 people) as well as the descriptor that a devolved area must cover “a sensible FEA [functional economic area] and/or a whole county geography” (Sandford, 2023). However, beyond these criteria, little guidance is given. It could be argued that these criteria may lead to areas being excluded from devolved regions for the purpose of political ease or economic strength (Richards and Smith, 2016).
Additionally, at this time not all devolved regions in England have the same level of power and authority. Some regions have significant devolved powers, while in contrast many regions have little to no devolved powers (Sandford, 2023). Therefore, this version of English devolution does not solve the ‘English Question’ as there are still areas who have their policy decided by Westminster while others have regional governments to make those decisions.

Challenge 2: Democratic legitimacy of Devolution
Additionally, because devolution deals in England do not require referendums, it can be questioned whether the process of devolution has democratic legitimacy within England (Richards and Smith, 2016). One of the main arguments for devolution is that it would lead to a more democratic and accountable system (Tomaney, 2016). However, one survey found that, in 2012, only 15% of English respondents wanted local assemblies while over half wanted the UK Parliament to continue to create their laws (Park et al., 2013). If the process of devolution is forced on English voters despite their preference for another system, it may not be truly democratic. Thus, English devolution may not create the more democratic and accountable system it promised (Tomaney, 2016).

Conclusion
In conclusion, there are several challenges that need to be addressed to create a functional system that achieves the goals of devolution in England. This post examined two of the issues including a lack of consistency on how regions are decided and the democratic legitimacy of devolution. These challenges are only two of the issues that will need to be addressed, there are several more potential challenges that will need solutions in order to develop a successful devolved system within England.

Bibliography
Cox, E. (2016). ‘Devolution in England– Is the Genie out of the Lamp?’ The Political Quarterly,
87 (4), pp. 565-571, https://doi.org/10.1111/1467-923X.12290

Mackinnon, D. (2013). ‘Devolution, State Reconstruction and Policy Divergence in the UK.’ The
Geographical Journal, 181 (1), pp. 47-56, https://doi.org/10.1111/geoj.12057

Park, A., Bryson, C., Clery, E., Curtice, J. and Phillips, M. (eds.) (2013). ‘Devolution: Identities
and constitutional preferences across the UK.’ British Social Attitudes: the 30th Report, London: NatCen Social Research, www.bsa-30.natcen.ac.uk

Richards, D. and Smith, M. ‘Devolution in England, the British Political Tradition and Absence
of Consultation, Consensus and Consideration.’ The Journal of Representative Democracy, 51 (4), pp. 385-401, https://doi.org/10.1080/00344893.2016.1165505

Sandford, M. (2023) ‘Devolution to Local Government in England.’ House of Commons Library,
https://researchbriefings.files.parliament.uk/documents/SN07029/SN07029.pdf

Tomaney, J. (2016). ‘Limits of Devolution: Localism, Economics, and Post Democracy.’ The
Political Quarterly, 87 (4), pp. 546-552, https://doi.org/10.1111/1467-923X.12280