Social Security Parity in Northern Ireland: Constitutional Principles and Devolution
Exploring the development of constitutional principles in Northern Ireland through the lens of social security parity, touching upon historical perspectives, devolution settlement, the parity principle's significance, and consultations between the Secretary of State and Northern Ireland Minister. The presentation delves into the reasons behind the devolution of social security to Northern Ireland and its impact on unemployment insurance, with references to relevant legislative acts and historical milestones.
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Social security parity in Northern Ireland: developing constitutional principles through firefighting? Mark Simpson University of Ulster (School of Law) SLS Conference, University of Edinburgh, 3 September 2013 (Legal History section)
Two views of history Providential interpretation: a meaningful process leading to a superior goal Chance interpretation: an incoherent and chaotic spectacle where human folly and chance play a leading role van Caenegem (2009)
Presentation contents Social security in the UK s devolution settlement The parity principle How has parity served Northern Ireland?
Social security and devolution Wales and Scotland not devolved NI devolved, but
Social security and devolution The Secretary of State and the Northern Ireland Minister shall from time to time consult one another with a view to securing that, to the extent agreed between them, the legislation provides single systems of social security, child support and pensions for the United Kingdom. Northern Ireland Act 1998, s87(1) (emphasis added)
The parity principle Why was social security devolved to NI? The step-by-step approach
The parity principle The unemployment insurance crisis 30 25 20 15 Unemployment rate (%) 10 5 From Lundy (1996) 0 Sustainable June 1920
The parity principle The unemployment insurance crisis 30 25 20 15 Unemployment rate (%) 10 5 From Lundy 0 Sustainable June 1920 Unemployment Insurance (Northern Ireland Agreement) Act 1926
The Prime Ministers view Perhaps the most important item for the people of this country is the agreed parity in social services and in other matters which exists between ourselves and our kinsmen across the water. It has meant prosperity. It has meant the removal of fear and want from many homes. Brooke, 1949 An appeal to social citizenship?
Parity today Does Northern Ireland benefit? Criticism from 1980s
THANK YOU References, comments or questions: email simpson- m7@email.ulster.ac.uk Further information: http://ulster.academia.edu/marksimpson Research conducted under the supervision of Grainne McKeever and Ann Marie Gray, University of Ulster
Selected references Ad-hoc Committee, Report on whether the provisions of the Welfare Reform Bill are in conformity with the requirements for equality and observance of human rights (NIA 92/11-15, 2013) Bradshaw, Social security parity in Northern Ireland (Policy Research Institute, 1989) Committee for Social Development, Report on the Welfare Reform Bill (NIA 74/11-15, 2013) Davies, McGurnaghan and Sams, The Northern Ireland economy: progress (1968 75) and prospects (1977) 11(5) Regional Studies 297 Evason, E, Poverty in Northern Ireland , (1986) 75(300) An Irish Quarterly Review 503 Gray and Birrell, Coalition government in Northern Ireland: social policy and the lowest common denominator approach (2012) 11(1) Social Policy and Society 15 Hansard, HC Deb (NI) 1925, vol 6 col 468; HC Deb 9 March 1926, vol 192 col 2145; HL Deb 23 March 1926 vol 63 col 746; HC Deb 1 March 1929 vol 225 col 2347; HC Deb 5 March 1936 vol 309 col 1680; HC Deb 21 November 1946 vol 430 col 1132; 22 February 1949 vol 461 col 1738; NIA AQO 712/11 Henderson, Jeffery, Wincott and Wyn Jones, Reflections on the devolution paradox : a comparative example of multilevel citizenship (2013) 47(3) Regional Studies 303 HM Treasury, Funding the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly: statement of funding policy (HM Treasury, 2010) HSS Committee, General briefing on the functions of the DHSS (NIA 3 Feb 1983) Keating, Social citizenship, solidarity and welfare in regionalised and plurinational states (2009) 13(5) Citizenship Studies 501
Selected references (continued) NIA HSS Committee, Report: social security parity (NIA 141-I, 26 June 1984) Lawrence, The government of Northern Ireland: public finance and public services 1921-1964 (Clarendon Press, 1965) Livingstone and Morison, An audit of democracy in Northern Ireland (1995) 337 Fortnight 3 Lundy, Parity, parrotry or plagiarism? Legislating for the unemployed poor in Northern Ireland 1838-1995 in Dawson, Greer and Ingram (eds), One hundred and fifty years of Irish law (SLS Legal Publications, 1996) Marshall, Citizenship and social class in Marshall and Bottomore, Citizenship and Social Class (Pluto, 1992) McKeever, Reforming social security appeal tribunals in Northern Ireland: parity whether we Leggatt or not (2010) 17(2) Journal of Social Security Law 71 Moreno, Multilevel citizens, new social risks, and regional welfare in Suszycki and Karolewski, Citizenship and identity in the welfare state (Nomos, 2013) Van Caenegem, Constitutional history: chance or grand design? (2009) 5(3) European Constitutional Law Review 447 Wimmer, Kultur als Prozess: zur Dynamik des Aushandelns von Bedeutungen (VS Verlag f r Sozialwissenschaften, 2005)
Selected statutes Government of Ireland Act 1914 c90 Government of Ireland Act 1920 c67 Unemployment Insurance (Northern Ireland Agreement) Act 1926 c4 Unemployment Insurance (Northern Ireland Agreement) Act 1929 c18 Unemployment (Northern Ireland Agreement) Act 1936 Unemployment and Family Allowances (Northern Ireland Agreement) Act 1946 c3 National Assistance (Determination of Needs) Regulations (NI) 1948 Social Services (Northern Ireland Agreement) Act 1949 c23 Social Services (Parity) Act (Northern Ireland) 1971 c21 Social Security Administration (Northern Ireland) Act 1992 c8 Scotland Act 1998 c46 Northern Ireland Act 1998 c47 Community Care and Health (Scotland) Act 2002 asp 5 Government of Wales Act 2006 c32
