Law & Public policyPT4001 – Week 8

•Power and public policy•The Governance of sustainable development: EU environmental policy and Ireland

Sustainable Development

• Sustainable development , even if in weaker forms, has major implications for the way government works. Environmental governance means that institutions, administrative procedures and decision making processes all need to be overhauled. Policy elites have to rethink the way they perceive the world so that environmental considerations are integrated.

• What can this mean? Does it refer to change? Who/what has power?

Sustainable Development & Multi-level Governance

• European -European Commission, European Parliament, Council, European Council, Court of Justice, European Environment Agency, Interest groups

• National governments (‘pioneers’, ‘fence-sitters’ and ‘laggards’)

• Regional & Local actors

• Business, interest groups & NGOs

• Citizens

Power• In political science it is typical to explain policy outcomes in

terms of the power exercised by competing interests

How does one person (A) exercise power over another (B), that is how someone gets another person to do what they would otherwise not

have done

• Intimidation and coercion (stick)• Productive exchanges involving mutual gain (carrot)• Creation of obligations, loyalty & commitment (hug)

The theory of three-dimensional power (Lukes, 1974) can illustrate how environmental policy outcomes are shaped

Scenario – the unpolitics of air pollution (study by Crenson, 1961)

Air pollution in two neighbouring steel towns

East Chicago introduced legislation controlling air pollution in 1949

Gary delayed legislation until 1962 even though it had an identical pollution problem

Why?

One noticeable difference between the areas

East Chicago = Several steel companies in environs (pluralism)

Gary = one large steel corporation (mobilisation of bias)

Lukes (1974) Three dimension of power - 1

1. Power occurs in observable, overt conflicts between actors over key issues (e.g. East Chicago)

Public policy is the outcome of competition among different groups = pluralism

For each environmental issue there will be a wide range of institutions, organisations & interest groups who want to influence the formation & implementation of policy

DIMENSION 1 assumes power is diffuse: no single group or set of interests dominates the decision processA has power over B to the extent that A can get B to do something that B would not otherwise do. A defeats B by mobilising superior bargaining resources in open conflict

over clearly defined issues

Lukes (1974) Three dimension of power - 2

2. Power is also non-observableThere is a second dimension of power which is ‘non decision

making’ (e.g. the steel town called Gary)This refers to the ability of powerful groups to keep issues off

the agenda e.g. producer groups can manage conflict before it even starts – ‘mobilisation of bias’

Opposition groups may not even raise dissenting views in the formal policy process as they fatalistically assume they will be rejected

DIMENSION 2 assumes that some groups are more powerful and privileged than others

A constructs a barrier against the participation of B in decision making – A engages in ‘non decisions’ and uses the

mobilisation of bias to suppress or thwart challenges to A’s values or interests by B

Lukes (1974) Three dimension of power - 3

3. Power is also ideological – the ‘very wants’ of individuals are shaped to accept the preferences of a dominant elite (‘power as thought control’) [viewed as pointless to assert public health concerns in Gary]

Power is a function of the ability to influence others by shaping their preferences

DIMENSION 3 assumes people are dissuaded from having objections by shaping their perceptions & preferences such that they accept their role in the existing order of thingsA influences or shapes the consciousness of B to accept inequalities (through myths, information control, ideology)

and to induce a sense of powerlessness and acceptance in B. Very difficult to detect

EU Environmental policy making & Ireland

EU 27Differences in population density, degree of urbanisation & economic development

Differences & variety in climatic, topographical, geological

Differences in regional disparities, public awareness

Differences in experience of environmental management

Differing degrees of commitment to sustainable development

EU Environmental Policy • Environment DG Mission

statement:

• "Protecting, preserving and improving the environment for present and future generations, and promoting sustainable development.“

• 1957 – no policy, bureaucracy or law for the environment, not a politically significant topic

 

EU Policy action & priorities

• Cleaner air• Biotechnology • Chemicals• Civil protection• Climate change• Environmental technologies• Health• International agreements and enlargement• Nature and biodiversity• Noise• Soil• Sustainable development• Urban development• Waste management and natural resources• Water

BUT we cannot view environment in isolation. Links to EU challenges of..

• Climate change and clean energy• Sustainable transport• Sustainable consumption & production• Conservation and management of natural resources• Public health & food safety• Social inclusion, demography & migration• Global poverty

Accumulation of policy competences at EU level

• Substantive body of environmental law

• Motivated by competition & trade

• Increased politicization of environmental problems since 1960s

• Increasing cross border pollution

• Goal of improving EU living conditions

• Priority of Climate Change, sustainable development

Key Principles underpinning EU environmental policy

• Precautionary principle• Polluter Pays• Producer Responsibility• Proximity principle

• In pursuit of sustainable development

• ‘Community environmental legislation will only be effective if it is fully implemented and enforced by Member States.’

Statement of the European Council EC 6-1990, 18-21 note 4.

• Development of strong environmental governance required

• Impossible to understand national environmental policy without reference to EU

Irish environmental policy

• Focus : Exploring challenge and change in Ireland’s institutional framework

Ireland• Not proactive about environmental policy integration• Problematic implementation record

• Historical context

• Adaptational pressures to sustainable development• International developments & EU environmental

policy• Domestic pressures – changes in economy &

society

Historical context• Independence 1922

• Minimalist & British-influenced corpus of environmental legislation (heritage & physical environment)

• Rural society, agriculture main economic activity

• Late 1950s – late modernisation process commences

• Vacuum in environmental governance

• Until EU membership in 1973 there was no environmental policy & a lack of environmental awareness

Ireland – EU Environmental policy has a top Down impact

• Environmental policy has been largely shaped by the EU • Not an ‘uploader’ of policy

• How do we give effect to EU policy onthe environment?

Directives• Transposition (legal harmonisation) • institutional innovation (adaptation)• Enforcement (capacity)• Compliance remains problematic (what can you do? How

can organisations change?)

Directives in the EU multi-level system

The people

The Oireachtas Gov

Elections

Parties

NGO’s

Media

Participation

Issue Agreement

Min PA

Formulation /Decision making

Decisions carried out

Output,Outcome

Implementation of the Will of the People

Freedom of Opinion

The Irish Political System (Source: Connaughton (PA4018)

Cont’d• Environmental performance

- relatively strong (EPA, 2005) - evidence of progress (OECD, 2000; 2010)

• Growing importance for national and local governments

But Case C-494/01 = Implementation record equated to a ‘systemic’ breach of law (ECJ, 2005)

Weaknesses in ‘municipal units’ (OECD, 2010)

Oireachtas(Dail & Seanad)

Government

Joint Committeeon Environment

Dept. Environment, Heritage & Local Government

Comhar (now in NESC)

15 MinistriesIn total

NGO’s,An Taisce

PUBLIC SECTOR NON PROFIT / CIVIL SECTORPRIVATE SECTOR

EPA(OEE)

REPAK - voluntary agreements

IBEC

Friends of the Earth

IEN

National

REGIONAL

LOCAL

LOCAL AUTHORITIES

CommunityGroups, Farmers

Local NGObranches

Regional AssembliesRegional Authorities

Presentation of Environmental Actors in Ireland

NPWS

Key Institutions

• Department of Environment, Community & Local Government

• National Parks and Wildlife Services• Environmental Protection Agency• Local Authorities• Environmental NGOs• Farmers• Private sector (delivery of service, expertise,

infrastructure)

Characteristics that shape & mediate our approach to SD

• Low salience of environmental issues & low public awareness

• Contestation – local issues dominate

• ‘Change agents’ & institutions that facilitate change e.g. EPA

• Political & organisational culture

• Differential empowerment of actors e.g. farmers vs environmental ngos

• Weak environmental movement

Suggested references for challenges in Ireland

• Cashman, L. (2008) ‘Key Goals of Commission Enforcement Policy in relation to the Environment, with particular reference to Ireland’ Irish Planning and Environmental Lawl 15:3

• Laffan, B. and J. O’Mahony (2008) ‘Bringing Politics Back In. Domestic Conflict and the Negotiated Implementation of EU Nature Conservation Legislation in Ireland’, Journal of Environmental Policy and Planning. 10:2, pp.175-197

• OECD, (2010) Environmental Performance Review of Ireland, Paris: OECD.