John F. McEldowney

Endemic cattle diseases: comparative epidemiology and governance

Cattle are infected by a community of endemic pathogens with different epidemiological properties that invoke different managerial and governmental responses. We present characteristics of pathogens that influence their ability to persist in the UK, and describe a qualitative framework of factors that influence the political response to a livestock disease. We develop simple transmission models for three pathogens (bovine viral diarrhoea virus, bovine herpesvirus and Mycobacterium avium spp. paratuberculosis) using observed cattle movements, and compare the outcomes to an extensive dataset. The results demonstrate that the epidemiology of the three pathogens is determined by different aspects of within- and between-farm processes, which has economic, legal and political implications for control. We consider how these pathogens, and Mycobacterium bovis (the agent of bovine tuberculosis), may be classified by the process by which they persist and by their political profile. We further consider the dynamic interaction of these classifications with pathogen prevalence and with the action taken by the government.

Public Management Reform and Administrative Law in Local Public Service in the Uk

Local government has been subject to intensive change and extensive legislation since the 1970s and the government of Mrs Thatcher intended to reduce public expenditure. Since the election of the new Labour government in 1997, modernization and reform continues in the development of public services in local government. Recent reform of local government has been complicated by the introduction, since 1998, of devolution to the London Assembly with an elected mayor, assemblies in Northern Ireland, Wales and the Scottish Parliament. There are complicated financial relations between local government and the different varieties of devolved government. The United Kingdom remains a unitary rather than a federal state but devolution delivers a level of decentralization. Central government retains control through legal and economic instruments and provides local government with limited autonomy. The elected element in local government contributes to local democracy. Local government provides an important element in the delivery and management of public services but complicated by the fact that privatization has changed the way public services are delivered. There are a plethora of statutes, regulations, guidance and audit systems that provide a comprehensive framework for local government in the provision of education, social services, planning public health and licensing regulation. The courts have exercised an oversight of local government through judicial review of disputes between local and central government. As local government must act within its legal powers the legality of its decisions must be in accordance with the law. Local government is expected to become more responsive to local needs and citizenship panels exist to provide input from the local community. Local authorities have contributed to the development of judicial review through a number of landmark decisions and in common with other publicbodies, local authorities are expected to conform to the Human Rights Act 1998. The latest Local Government Bill 2002 proposes to identify excellent local authorities who will be rewarded with freedom to act outside the controls of central government.

Political security and democratic rights

The main focus of this study is an analysis of the impact on democracy and civil rights of current measures taken to combat international terrorism. Theoretical and practical issues are explored, predominantly in the UK, but there are some comparative references to the United States, in terms of the tension between democratic rights and political security. The UK follows a pragmatic and empirical approach reflecting its constitutional history and post-colonial experience. Its historical experience, particularly in Northern Ireland, argues for a long term strategy, while short term measures are more balanced in terms of community building. The study examines the underpinnings of anti-terrorist legislation, including the recently enacted Prevention of Terrorism Act 2005. The ratchet effect of anti-terrorism laws is often counter-productive. Instead an anti-terrorist policy that attempted to address the cultural and diverse roots of terrorism is more likely to prove successful in the longer term. The communitarian nature of conflict resolution should not be overlooked as part of a strategic analysis aimed at institution building, good governance and community support. Separating local community support from terrorist activities requires a coherent analysis of the causes and effects of terrorism.

Delivering Public Services in the United Kingdom in a Period of Austerity

Local government in the UK is undergoing major changes with a potential new renaissance in its relationship with central government. The Localism Act 2011 gives local authorities greater autonomy in the delivery of public services while retaining tight financial controls. Local government delivers many public services across a wide range of activities from refuse collection and social services including elderly care. Public services remain subject to contracting out and this may lead to a reduction in local authority participation. There are often contradictory strategies; decentralisation with increasing delegation is intertwined with tough financial controls. Local authorities are increasingly being made to find their own resources.

Local Government and the Energy Sector: A Comparison of France, Iceland and the United Kingdom

The energy sector has undergone significant transformations following the adoption of international, European and national policies regarding climate change and market liberalisation. This has created new spaces of intervention as well as new obligations for local governments. This chapter looks at the changes observed in the management of this local public service in France, Iceland and the UK. The three countries experienced a similar historical evolution of the energy sector with a slow opening towards private partners and an increasing role of local governments. Yet today’s services are quite different in terms of renewable energy generation as well as transmission and distribution. There does not seem to be a harmonised path towards a low-carbon energy sector.

Parliament and Public Money

Parliament often seems at its weakest in the control and scrutiny of public money. Taxes and duties are raised, and public money is spent, with formal parliamentary authority. However, such authority is almost invariably granted in the form proposed by the Government. While suggestions for reform have often focused on ways to give the House of Commons a greater institutional involvement in these processes, progress has been more marked in the retrospective scrutiny and audit of Government’s expenditure decisions. Scrutiny is now much more complex and sophisticated, although parliamentary mechanisms have struggled to keep abreast with the growing range and complexity of the taxation system and public expenditure.

Accountability in the Contemporary Constitution

Public lawyers in the United Kingdom have generally struggled with satisfactory constitutional mechanisms to hold government to account. One explanation is a historical one because of a marked reluctance of the common law to hold the government to account for wrongdoing or mistakes, as the authority of a sovereign state is not easily limited by law. Dicey’s reliance on the rule of law and related constitutional conventions in the nineteenth century left much to be desired. Gradually the convention of ministerial responsibility to the House of Commons gave rise to individual as well as collective responsibility and, at the minimum, parliamentary inquiry into the conduct of the government. This form of accountability is often highly political and without legal sanctions for its non-observance. Walter Bagehot, writing in the second edition of The English Constitution (1872/1997), observed:

Book Review: Environmental Regulation through Financial Organisations: Comparative Perspectives on the Industrialised NationsENVIRONMENTAL REGULATION THROUGH FINANCIAL ORGANISATIONS: COMPARATIVE PERSPECTIVES ON THE INDUSTRIALISED NATIONSRichardsonBenjamin J.Kluwer Law International, 2002, viii + 407 pp, ISBN 90 411 1735 0, £66.00, hardback

This book is timely. Doubts about the viability of man major commercial enterprises followin Wor& Com, K-mart and Dynegy, and the gened collapse of confidence in the audit profession has brou ht to the fore the question of the future reguyation of the private financial sector. Coincidentall there are unprecedented concerns about the dotal environment through the longterm im act of fossil fuel burnin on lobal climate c%ange. The Kyoto Pmtocok decfine in effectiveness after its rejection the United States

The Scott report: Inquiries, parliamentary accountability and government control in Britain

The Scott inquiry (1996) into arms sales to Iraq sets the scene for important issues of how government and ministers are held to account in the United Kingdom. The article examines in detail the work of the inquiry, the procedures used, the findings of the inquiry and the aftermath. Important constitutional considerations are explained in terms of the role of public interest immunity and in the procedures for fairness at inquiries. Improvements in ministerial responsibility are considered and the value of Parliamentary accountability assessed. The role and functioning of the British civil service is also assessed. The Scott inquiry provides many lessons for democracies in the world. The report provides an important insight into the internal workings of the British government and how administrative responsibility is exercised.