3.1.1.5 devolution Flashcards
devolution
The transfer of politcal power, but not from sovereignty, from central government to subnational government
primary legislative power
authority to make laws on devolved policy areas
how many voted against scottish independence in the referendum
55%
when were devolved institutions established?
1999 but pressure had been building since 1970s
nationalism
a political ideology or movement that regards the nation as the main form of political community and believes that nations should be self-governing
what % of voters supported a scottish parliament?
74.3%
what % of voters supported tax-varying powers?
63.5%
what % of voters supported a welsh assembly?
50.1%
how many members do scottish parliament have?
129
how many SMPs are elected using FPTP?
73
how many additional members of scottish parliament are chosen?
56
what did the scotland act 1998 do?
-gave the scottish parlaiment primary legislative powers in the range of policy areas, including law and order, health, education, transport, the environment and economic development.
-westminster no longer made laws for scotland on these matters.
major powers of scotland, 2017
-income tax rates and other specified taxes
-health and social services
-abortion law
-all level of education
-economic development
-transport
-justice systems
-elections
major powers of wales, 2017
-welsh rate of income tax
-health and social services
-all levels of education
-elections
-economic development
-transport
-local government
-housing
major powers of northern ireland, 2017
-corporation tax
-health and social services
-all levels of education
-economic development
-environment
-housing
-local government
-justice systems
scotland act 1998
-tax-varying power: it could alter the rate of income tax by 3%
scotland act 2012
-tax varying powers: scotland could set income tax higher or lower
scotland act 2016
compete control over income tax and gave them 50% of the VAT revenue. gave them control of around £15 billion
reserved powers given by the scotland act 1998
-uk constitution
-defence and national security
-foreign policy
-fiscal, economic, monetary systems
-common market for british goods and services
-employment legislation
-social security (however a few powers were devolved to N ireland and scotland)
-broadcasting
-nationality and immigration
-nuclear energy
does westminster remain sovereign according to the 1998 act?
yes
can the devolved institutions be dissolved according to the 1998 act?
yes
what does the scotland 2016 act state on these issues?
-westminster will not legislate on devolved matters without consent
-the scottish parliament and government are ‘a permanent part of the united kingdom’s constitutional arrangements’
-the scottish parliament and governemt cannot be abolished unless approved by a referendum in scotland
when did a independence refernsum for scotland come into the agenda?
SNP’s landslide victory in the 2011 scottish parlaiment election
what did the 2014 scottosh referendum ask ?
should scotland be an independent country
what was the turnout of the 2014 referendum
84.5% (16-year olds could vote)
what was the results of the 2014 referendum?
55.3% to 44.7% (no to yes)
what areas had a majority ‘yes’ vote?
Glasgow, Dundee, West Dunbartonshire and North Lanarkshire
who typically voted for independence?
-men, the working class and those under 55
the scotland act 2016 details
-the power to set income tax rates and bands
-some additional taxes and duties including air passenger duty
-the right to recieve 50% of VAT raised in scotland
-control over certain welfare benefits
-road signs and speed limits
-the franchise for scottish parliament
-rail franchises
-onshore gas and oil extraction
how many memebers are in the welsh assembly
60
how many members of the welsh assembly are elected by FPTP
40
how many members of the welsh assembly by five multi-members regions using the regional list system of proportional representation?
20
how often are elections held?
4 years but this was extended to every 5 years after the wales act 2014
when did the welsh government become known as the welsh assembly
2011
governments since 1999
labour-libdem 1999-2003
labour 2003-2007
labour-plaid cymru 2007-2011
labour-lib dem 2016-
wales act 2017
-gave primary legislative powers
-established the assembly and the welsh government as a permanent feature of the uk constitution. Subject of 2000 and to rename itself the Welsh parliament
-reserved powers similar to those of scotland
government of wales act 2006
Enable the assembly to ask for further powers to be transferred from Westminster and allowed to gain primary legislative powers if approved in a referendum. The 2011 referendum resulted in a 64% yes vote.
wales act 2014
-Put to place the first tranche of Silk’s proposals by devolving control of landfill tax and stamp duty.
-Newly devolved matters will include assembly and local government elections cracking row franchising and road speed limits. The Welsh government wanted policy in injustice to be developed ,but the UK government did not agree to it
nationalists
an adherent of a political position in Northern Ireland who supports constitutional means of achieving improved rights fro catholics and the eventual incorporation of the six counties of northern ireland into the republic of ireland
unionists
an adherent of a political position in Northern Ireland who supports the continued union between Great Britain and Northern Ireland
Four differences between politics and government
-communal conflict
-distinctive party system
-security
-seperate systems of government
communal conflict
the main political divide in Northern Ireland is between the unionists and nationalists. Unionists tend to identify with the british state and are protestant. Nationalists identify themselves as Irish and tend to be Catholic (just under 50% of the population)
distinctive party system
elections are contested between unionist and nationalist parties and the main electoral issue is the constitutional status of Northern Ireland. the main uk parties tend to field candidates in NI.
Security
terrorist campaigns by republican and loyalist paramilitary organisations killed more than 3600 people during the troubles and british soldiers patrolled the streets for several decades. the IRA has adhered to cease fire since 1995 but there are still breakaway republican groups.
deaths in 1972 due to the security situation in NI
475
deaths in 2003 due to the security situation in NI
10
seperate systems of government
Northern Ireland has been governed differently from the rest of the uk. In 1992 and 1972 only part of the UK Parliament. Then under direct rule the secretary of state for northern ireland had significant policy-making powers. Revolution in Northern Ireland as it is designed so that unionists and nationalist parties share power.
the good friday agreement
It estab lished power-sharing devolution and required the UK and Irish governments to amend their constitutions to clarify the status of NI
power-sharing devolution
a form of devolution in which special arrangements ensure that both communities in a divided society are represented in the executive and assent to legislation on sensitive issues
English votes for English Laws
special procedures in the house of commons fro dealing with legislation that effects only england
An english parliament
England is the only part of the UK not to have a devolved institution. An english parliament would have legislative powers over domestic issues.
Arguments in favour of an english parliament
-it would complete devolution within the Uk, and resolve the english question, by giving england its own parliament
-it would create a more coherent system of devolution, with a federal UK parliament and government responsible for UK-wide issues - rather than, at present, these combined with english issues
-it would give political and institutional expression to english identity and interests.
Arguments against the creation of an english parliament
-It would create an additional layer of government and create tensions between the UK governement and an English parliament and government
-‘devolution all round’ would not create a coherent system because england is much bigger than the other nations of the union
-there is only limited support in england for english parlaiment
west lothian question
why hsould scottish MPs be able to vote on english matters devolved to the scottish parlaiment
what happened in 2004?
The blair government planned to create directly elected regional assemblies with limited executive functions in the eight english regions outside london. But these plans were dropped when 78% of voters voted no no 2004 referendum on whether there should be an assembly in the north-east England.
Arguments in favour of devolution to the english regions
-it was British and making close to the people and address the different interests of the English regions
-it would create balance devolution settlement within the UK because England is too large to have its own Parliament
-It would enhance democracy as regional assemblies will take over the functions of an elected quangos
-Areas such as Cornwall, Yorkshire and the north-east have a strong sense of regional identity
-Regional assemblies could act as a catalyst for economic and cultural regeneration
Arguments against the creation of regional assemblies
-few areas of England have a strong sense of regional identity
-it would break Ireland and failed to provide expression of English interests and identity
-there will be tensions between regional and local government
-regional leaders would be dominated by urban rather than rural interests
-there is little public support for creating a regional layer of government in England.
structure of local government in 2017
-55 unitary authorites
-27 county councils
-201 district councils
-36 metropolitian borough councils
unitary authorities
responsible for a full range of local services
county council
responsible for some local services (education, social services, policing and transport) in the shires
district councils
responsible for local services (housing, leisure and refuse collection) in the shires
metropolitian borough councils
respinsible for a full range of local services in urban areas
greater london authority
-has strategic responsibilty for economic development, transport, planning and policing.
-it consists of a directly elected mayor and a 25-member London assembly
-the mayor sets the budget and determines policy for the authority
-the main mayoral inititative was the congestion charge, introduced in 2003.
local authorities are responsible fomany services including:
-education
-social services
-housing
-roads and public transport
-planning
-environmental health
-lesuire services
federal state
see sovereignty divided between two tiers of government. power is shared between national governement and regional government. regional government is protected by the constitution - it cannot be abolished or reformed significantly against its will
quasi-federal
one in which the central government of a unitary state devolves some of its powers to subnational government
main features of a quasi-federal state
-limited parliamentary sovereignty
-quasi-federal parliament
-joint ministerial committee
-supreme court
limited parliamentary sovreignty
In legal terms, Westminster remain sovereign because it can overrule or abolish the devolved bodies. In practice however Westminster is no longer sovereign over domestic matters in Scotland Wales and Northern Ireland - it does not have unlimited power. Further constraints Parliamentary sovereignty by station that devolution can be overturned by a referendum
quasi-federal state
Westminster operates as an English parliament in the sense that it makes domestic law in England but it’s federal parliament for Scotland Wales and Northern Ireland because it retains reserve powers on major UK wide matter
joint ministerial committee
UK ministers and their counterparts from the devolved illustrations meet him to consider non-devolved matters which impinge on devolved issues and resolve disputes. The UK is the lead player.
supreme court
The UK Supreme Court resolves disputes over the competences by determining if the devolved bodies have acted within their power.
Should the UK become a federal state? YES
The creation of a federal state would provide a
coherent constitutional settlement for the UK and its
nations, establishing a clearer relationship between
the UK government and the governments of England,
Scotland, Wales and Northern Ireland.
- Establishing a federal state would resolve some of
the anomalies (e.g. the West Lothian Question) that
have arisen under the current ad hoc approach to
devolution.
- Creating an English parliament and government
as part of a federal UK would answer the English
Question.
- The status of the Westminster Parliament would be
clarified: it would be a federal parliament dealing with
issues such as border control, defence and foreign affairs.
- The House of Lords could be reformed, to become a
chamber representing the component nations of the
UK, or abolished.
Should the UK become a federal state? NO
Federalism works best in states in which there is not a
dominant nation or region (e.g. the USA or Germany)
- it is unsuitable for the UK where England makes up
four-fifths of the population.
- An English parliament would rival the Westminster
Parliament, particularly if different parties were in
government in England and the UK, and English MPS
could still be a majority at Westminster.
- Measures to reduce the dominance of England, such
as the creation of elected assemblies in the English
regions, would be problematic and unpopular.
Disputes over funding occur in federal states: creating
a federal UK would not automatically resolve difficult
issues such as equity of funding and welfare provision.
-There is little public appetite for a federal UK, with
devolution being the preferred constitutional position
for voters in Scotland, Wales and Northern Ireland.
examples of political divergence in health
England - prescription charges (8.40 in 2016)
Scotland - prescription charges abolished in 2011
Wales - prescription charges abolished in 2007
N. Ireland - prescription charges abolished in 2010
examples of political divergence in education
England - Tution fees
Scotland - no tution fees for scottish students at scottish universties
Wales - tution fee grants
N. Ireland - lower tution fees for nortern irish universites
Has devolutuion undermined the union? YES
-The piecemeal approach to devolution has meant that
problems (e.g. the West Lothian Question) have not
been addressed effectively.
-Insufficient attention has been paid to the purpose
and benefits of the Union and Britishness in the post-
devolution UK.
- The rules of the game on policy coordination and
dispute resolution are not clear enough.
- Policy divergence has undermined the idea of common
welfare rights in the UK.
- The NP has become the dominant political party in
Scotland and support for Scottish independence has
increased.
- There is some unease in England about the perceived
unfairness of the devolution settlement.
Has devolutuion undermined the union? NO
- Devolution has answered Scottish, Welsh and
Northern Irish demands for greater autonomy,
bringing decision making closer to the people. - Devolution has proceeded relatively smoothly, without
major disputes between the UK government and the
devolved bodies. - Policy divergence reflects the different interests of
the nations of the UK and has allowed initiatives that
have been successful in one nation to be copied. - Most people in the UK still feel British to some degree,
and devolution is the preferred constitutional position
for voters in Scotland, Wales and Northern Ireland. - Devolution has delivered peace and power sharing
in Northern Ireland after 30 years of violence and
instability.
UK/US comparison
Federalism farthe wale in which law making power is divided between twetlerf.fréeovernment-thefeter,
“The USalke lodered it Westington Doc, and ‘he governments of the So states of the USA. The Ukisa untz,
state, but since devolution it has taken on quasi-federal features.
* The two tiers or government in the USA are protected by the constitution. Their powers are inalienable. One
Hier or government cannot abolish the other. The division of powers can only be altered by amendment to the
UK Government and Politics for AS/A-level
constitution, which requires special procedures. In the UK, Westminster retains parliamentary sovereignty. in
practice, parliament has recognised that it no longer has authority over devolved policies.
. Porcerse-Servedit0 the us federal government include defence, foreign policy, the Us currency and the US singe
market Relatively few powers are reserved exclusively to the states (eg. local taxes), but power is shared betwen
the federal and state governments in many areas (e g. criminal and civil law, health and education). Westminster
has reserved powers over issues such as defence, foreign policy, the constitution and the UK currency.
* There is significant policy divergence between the 50 states of the USA (e.g. on the death penalty and drug law).
Devolution has produced limited policy divergence between the nations of the UK.
- The US Supreme Court makes binding judgments where disputes arise about the distribution of powers between
federal and state governments. The UK Supreme Court pronounces on whether the devolved bodies have acted
within their powers, but it cannot strike down legislation.