Chapter Six: The OHS Network (1974 – 1979)
2.2 The hollowing of the state?
It is important to highlight that the creation of quasi-autonomous agencies like the HSC/E was not seen by all observers as a hollowing of the state. Rather, some factions argued that the power of the executive had increased.1083 It was argued that the creation of HSC/E expanded the corporate state and it empowered government departments at the expense of Parliament.1084 Much of this critique came from the Conservative backbenches. However, it was seemingly more to do with party politics than any robust and disinterested analysis. The Labour
government was charged with cronyism and helping out their ‘friends’ with public appointments. Labour ministers often replied to this charge that Conservatives were guilty of similar actions during their time in government.1085
Nonetheless, there were much more scholarly arguments, which provided the early theorists with an opportunity to refine and contextualise their ideas about the hollow state. One opportunity came very early via the work of Michael Saward, who asserted that there were no significant signs of hollowing out, even when it was shown that ministers relinquished their day—to—day control to autonomous agencies.1086 Rather, the state was redefined and reshaped, not hollowed out. He based his assertion on two factors. The first was one of intention; the executive wanted to get rid of some functions, and as a result, there is no loss. The second was that the creation of an agency separated politics and administration, which meant the executive could exercise more
1082 A.F. Bentley, The Process of Government (University of Chicago Press, 1967); David Truman, The
Governmental Process: Political Interests and Public Opinion (Greenwood Press 1981); Patrick Kenis and Volker
Schneider, ‘Policy Networks and Policy Analysis: Scrutinizing a New Analytical Toolbox’ in Bernd Marin and Renate Mayntz (eds), Policy Networks. Empirical Evidence and Theoretical Considerations (Boulder 1992)
1083 ‘Quasi – Autonomous Non – Governmental Organisations’ HL vol 396 cc716-36 (15 November 1978); ‘Crown
Agents’ HC vol 957 cc1351-5 (10 November 1978); ‘New Clause No. 1’ HC vol 959 cc1439-98 (6 December 1978)
1084 ‘Quasi – Autonomous Non – Governmental Organisations’ HL vol 396 cc716-36 (15 November 1978); ‘Crown
Agents’ HC vol 957 cc1351-5 (10 November 1978); ‘New Clause No. 1’ HC vol 959 cc1439-98 (6 December 1978)
1085 ‘Quasi – Autonomous Non – Governmental Organisations’ HL vol 396 cc716-36 (15 November 1978); ‘Crown
Agents’ HC vol 957 cc1351-5 (10 November 1978); ‘New Clause No. 1’ HC vol 959 cc1439-98 (6 December 1978)
1086 Michael Saward, ‘In Search of the Hollow Crown’ in Patrick Weller Herman Bakvis and R.A.W. Rhodes (eds),
control without bureaucratic distractions. Ministers gain a new flexibility to manoeuvre and a capacity to focus their efforts on selected issues.1087
Though there is much validity in both of these points, for two crucial reasons, they are not enough to dislodge the hollowing out of the state thesis. Rhodes argues convincingly that the executive’s motive for contracting out its functions is irrelevant; ‘a function willingly lost is still a function lost’.1088 The executive could no longer carry out a function that it used to carry out. Second, the ability of the executive to concentrate on core issues was offset by the fact that the executive had less personnel and expertise than it had before the creation of autonomous agencies. The creation of agencies such as the HSC/E often resulted in a mass exodus of personnel from government offices to the newly formed regulatory agencies.1089 Moreover, Rhodes observes that evidence of increased focus has not been produced.1090
Though Saward’s explicit arguments were rebutted by Rhodes, Saward’s implicit stance was not so easily dismissed, that is, the rejection of the arbitrary distinctions between the Westminster model and the hollow state which Rhodes was guilty of exaggerating, although in recent years he moderated his arguments.1091 Saward asked the questions that would ultimately lead to the later generations of governance theorists rightfully questioning the veracity of such sharp
distinctions.1092
The rush to make such sharp distinctions may have been a reaction to the momentous shifts which were not fully understood.1093 Also, an overzealousness to ‘finish off’ the lingering
1087 Michael Saward, ‘In Search of the Hollow Crown’ in Patrick Weller Herman Bakvis and R.A.W. Rhodes (eds),
Countervailing Trends in Core Executives (Palgrave Macmillan 1997)
1088 R.A.W Rhodes, Understanding Governance Policy Networks, Governance, Reflexivity and Accountability
(Open University Press 2003) p17
1089 Eric Wigham, ‘How Much Authority for the Manpower Services?’ The Times (London, 2 December 1975) 17;
Paul Almond, Interview with John Rimington, Former Director- General of the HSE, University of Reading (Reading, 10/9/2014)
1090 R.A.W. Rhodes, Understanding Governance Policy Networks, Governance, Reflexivity and Accountability
(Open University Press 2003)
1091 R.A.W Rhodes, Network Governance and the Differentiated Polity: Selected Essays (Oxford University Press
2017)
1092 Felicity Matthews, ‘Governance and State Capacity’ in David Levi-Faur, The Oxford Handbook of Governance
(Oxford University Press 2012)
Westminster model may have compelled scholars to uncritically utilise the work of neoliberals.1094 Sharp distinctions came out of the neoliberal discourse which disparaged traditional government and looked for a contrasting term to overemphasise the beloved ‘hollow state activity’ they witnessed. The notion of ‘governance’ offered them such a concept. It enabled them to distinguish between big government (rowing) and appropriate governance (steering).1095 Though notions of rowing and steering help explain much of the arrangements in OHS, it was not as dogmatic or static as the initial studies suggested.1096 Instead of a complete hollowing of the state, after 1974, this area saw a shift of decision–making so that policy was formulated and implemented across a plethora of governmental and non - governmental
institutions, mechanisms and processes ordinarily referred to as ‘governance’. Very few places offer a better example of this shift than the OHS Network.