5 Devolution Flashcards
What principle of the constitution does devolution change?
Unitary power
What are 2 reasons devolution is not federalism?
- Alienated power can be reclaimed by Parliament - devolution is not as permanent as federalism, as the suspension of the Northern Irish Parliament shows.
- The flow of power - in the US the flow is from states to the centre whereas it is the other way around in the UK.
When was devolution first debated?
1974-79 Labour government
What is devolution?
The delegation of some governmental powers and responsibilities to regional governments.
What was the first part of the UK to have devolution and what happened?
Northern Ireland 1921-1973
Widely considered discriminatory and therefore abolished 1973.
When was devolution finally rolled out?
1998, following successful referendums in 1997.
Are voting rules different between different devolved regions?
Yes. For instance, Northern Ireland uses STV whereas Scotland and Wales use AMS.
Why did the Welsh Government get given fewer transferred powers in the first instance?
Margin of support for devolution much less wide - 50.3% of the vote.
What are 3 pieces of legislation concerning devolution for Scotland?
- Scotland Act 1998
- Scotland Act 2012
- Scotland Act 2016
What are 3 facts about the Scotland Act 1998?
- Established the Scottish Parliament.
- Gave primary legislative power in a number of domestic areas, including law and order, health, education and the environment.
- Introduced the SVR - up to 3p in the pound.
What is evidence of the Scottish Parliament’s industriousness?
Passed over 300 laws in its lifetime.
How often is the Scottish Parliament elected?
Every 5 years.
What is evidence that Scottish AMS did not work as intended?
2011 - SNP wins an outright majority.
When was the last Scottish devolution referendum? What happened?
1979 - independence won, but necessary turnout not secured.
What happened to limit Scotland’s devolved authority in 2022?
UKSC ruled in November that Scottish Parliament could not call a referendum without Westminster’s approval.
What are 3 facts about the Scotland Act 2012?
- Transferred more SVR power and created SRIT - up to 10p in the pound variation.
- Scottish Government can borrow up to 5 billion independent of DMO.
- Stamp duty and landfill taxes devolved.
What are 4 facts about the Scotland Act 2016?
- Response to No vote - promises made by Remain campaign.
- More primary legislative authority including in areas such as abortion law, speed limits and equal opportunities legislation.
- More income tax powers.
- Suffrage law following a 2/3 vote in Holyrood.
Why is the ability for Holyrood to set the voting age not so revolutionary?
Already lowered to 16 in 2012 Edinburgh Agreement.
Can 16 and 17 year olds vote in Westminster elections in Scotland?
No.
What are 6 developments in Welsh devolution?
- Government of Wales Act 1998
- Government of Wales Act 2006
- 2011 referendum
- Wales Act 2014
- Wales Act 2017
- Senedd and Elections (Wales) Act 2020
What are 3 facts about the Government of Wales Act 1998?
- Set up the Welsh Assembly.
- Did not have any primary legislative powers.
- Had secondary legislative powers in a number of areas including agriculture, fisheries and education.
What are 2 facts about the Government of Wales Act 2006?
- Enabled the Assembly to request further powers, including primary legislative powers, if approved by a referendum in Wales.
- Set up a proper executive body called the Welsh Assembly Government (subsequently renamed Welsh Government).
When was the Welsh second referendum? What happened?
2011
Gave the Welsh Assembly primary legislative powers in 20 policy areas such as health, transport and agriculture.
What was the margin of victory in the 2011 Wales referendum and what does it show?
63.5%
Support for devolution rising.
What is a fact about the Wales Act 2014?
First major transfer of tax-raising power to the Welsh Government, with stamp duty, landfill tax and business rates transferred.
What are 4 facts about the Wales Act 2017?
- Greater primary legislative authority in areas such as road signs, oil and gas activity and rail franchising.
- Welsh variable rate of income tax introduced to 10p in the pound.
- Broad equivalency achieved with Scotland.
- Change the electoral system following a 2/3 vote in the Assembly, and change the name.
What are 2 examples of the Wales Act 2017 in use?
- 16 and 17 year olds may now vote in Welsh devolved elections.
- Formally changed the name to Senedd Cymru (Welsh Parliament).
How often is the Welsh Assembly and government elected?
Every 5 years.
What are 3 contextual facts about Northern Irish devolution?
- Violence erupted in 1969 and continued until 1998.
- Devolved government 1921-1972 was widely considered discriminatory.
- Sunningdale Agreement - attempt to reform the Northern Irish Parliament collapsed in 1973.
Where was Northern Irish devolution set down?
The 1998 Good Friday Agreement, which was subsequently ratified by referendum.
What is a key GFA quote about civil rights?
“parity of esteem and of just and equal treatment” for both Protestants and Catholics.
What was the margin of victory in the 1998 GFA referendum?
71%-29%.
What are 3 ways Stormont has failed?
- 2017-2020 suspended due to Irish Language Act and power sharing agreement collapse.
- Civil servants ran the country.
- Same-sex marriage and abortion legalised.
Why is Northern Ireland fundamentally weaker as a devolved Government?
Has a power-sharing executive.
When were abortion and same-sex marriage legalised in Northern Ireland?
2019.
Why is the abortion and same-sex marriage law a good example?
Shows parliamentary sovereignty trumping devolutionary tendencies.
What are 4 ways Northern Ireland’s parliament is different from the others?
- Parties - dominated by UUP, SDLP, TUV, SF, DUP and Alliance.
- Power-sharing.
- MLAs must dedicate themselves as either unionist, nationalist or other.
- Northern Ireland’s Assembly powers have not grown considerably since 1998.
How do GB parties contest Northern Irish seats? Example?
Have affiliate parties e.g. UUP and the Tories or TUV and Reform since 2024.
What fact shows UK parties are not represented in Stormont?
Not a single Labour, Tory, Lib Dem, Reform or any other party member sitting in the 90 seats of the LA right now (2025).
What is an example of how FPTP is not in any of the devolved legislatures?
Right now, none of the devolved governments have majorities (although in Wales Labour have 30 of the 60 seats).
What is an example of Northern Ireland power sharing?
In 2022, SF won the most seats - since 2024, when power-sharing was returned, Michelle O’Neill has been First Minister with Emma Little-Pengelly as Deputy.
What powers does Westminster keep from devolved governments?
Reserved matters.
What is an example of a reserved power?
Brexit and constitutional powers.
What is an example of a time when the UK Government and the devolved governments came into conflict? Eval?
M4 Relief Road 2020 - Boris announced the plan to build a road, but was forced to stand down following Mark Drakeford’s opposition.
What are 5 benefits of devolution?
- Popular.
- Union strengthen.
- Tax differences reflect different political philosophies.
- Innovation in policy.
- Northern Ireland peace dividend.
What phrase can be used to describe how devolution has strengthened the union?
“Best of both worlds”.
How have tax differences been used to reflect different political philosophies?
Scotland has 46p/£1 for the highest earners, versus 45p in the rest of the UK, reflecting left-leaning political climate in Scotland.
What is an example of policy innovation?
2006 - smoking ban first trialled in Scotland. Later extended to Wales, Northern Ireland and England.
How can we compare policy innovation to the US?
Both US states and UK nations do policy innovation, including over constitutional stuff like voting.
What are 4 problems with devolution?
- Inequality.
- Independence.
- Insignificance of innovation.
- Irish peace process.
What are 2 examples of how devolution has created inequality? Why is this a problem?
- Prescriptions free in Wales and Scotland, but not in England.
- University tuition free in Scotland but costs over £9000 annually in England.
Stops government from achieving macro objectives.
What is an example of how devolved government can be a barrier for the government’s desire to deliver strategic changes?
M4 relief road - Welsh government prevented the UK Government from doing investment.
What is an example of how independence is still a demand?
- 2022 - SNP argues for second referendum and keeps saying if they win they will do another referendum.
- 55-45% - close!
What is evidence Northern Irish peace process may be stalling?
Suspended 2017-2020 and again 2022-24.
What is an example of how policy innovation may be limited?
Some ideas may have come from Westminster anyway.
Why is FPTP not going anywhere and why is this a criticism of devolution?
The levels of dysfunction e.g. Northern Ireland paint a bad picture for English considering voting reform.
What would the role of Westminster be after devolution?
Deal with national, constitutional and foreign affairs matters.
What would English devolution take the UK towards?
A federal state.
Is there formal devolution within England?
No.
What powers do those in local government in England have?
NO PRIMARY LEGISLATIVE POWERS - only powers delegated by primary legislation.
What are the 7 types of English local government?
- Unitary councils
- Metropolitan boroughs
- County councils
- District, borough or city councils
- Combined authorities
- London boroughs
- City mayors
What are 3 facts about unitary councils?
- 57 currently.
- Single-tier bodies - provide full range of local services including education and social care.
- Usually found in large towns and cities e.g. Portsmouth and Derby or also in small counties e.g. Rutland.
What is the current government strategy vis-a-viz devolution?
2024 - English Devolution White Paper.
- Make two-tier authorities unitary.
- Expand to at least 500,000 populations to achieve economies of scale.
What are 3 facts about metropolitan boroughs?
- 36 currently.
- Created in 1974 so older.
- Heavily urbanised Northern areas.
Will metropolitan boroughs be abolished?
No plans to - they are unitary.
What are 3 facts about county councils?
- Planning to be phased out, as they are the upstairs part of the two-tier system.
- Found in less heavily urbanised areas such as Suffolk.
- 25 currently.
What is an example of a county council being unitarised?
2023 - North Yorkshire County Council becomes North Yorkshire Council.
What are 3 facts about district/borough/city councils?
- The downstairs part of the two-tier system.
- Provide local services such as leisure planning and refuse collection.
- 188 currently.
What is a combined authority?
A decision by councils to share decisions across council boundaries.
How many combined authorities were there in 2020?
10.
When was the decision to allow combined authorities issued?
1999.
Will combined authorities be reformed under the new white paper plans?
Yes - they will be empowered, but not replaced.
What are 3 facts about London Boroughs?
- 32.
- 25 elected members and a directly elected mayor.
- Set up with GLA 1999.
What are 2 developments in the introduction of directly elected mayors?
- LGA 2000 allowed any local council in England to hold a referendum on the introduction of a directly elected mayor, either by citizen petition or council decision. Since then, councils have been allowed to introduce it without a referendum though.
- Metro mayors first elected in 2017.
Which Act created metro mayors?
Cities and Local Government Devolution Act 2016.
What do metro mayors lead?
Combined authorities.
How many mayors were there by 2020?
15 directly elected city mayors.
What is an example of a city mayor?
Andy Burnham, former Labour health minister, elected as Manchester mayor in 2017.
What are 4 recent developments in English devolution?
- English Devolution White Paper December 2024.
- Expansion of devolution deals.
- Shift towards unitary authorities.
- Enhanced powers for strategic authorities.
What are 3 facts about the English Devolution White Paper?
- Reclassify GLA, Combined County Authorities and Combined Authorities.
- Giving these strategic authorities expanded competencies over several policy areas.
- Expand such that the minimum population under each strategic authority is 500,000 to achieve economies of scale.
What is an example which shows devolution deals are expanding in England?
Devolution Priority Programme - in February 2025, six new areas were added to the program, with mayoral elections scheduled for 2026.
What is the Devolution Priority Programme?
Government scheme to create more combined authorities and have more elected mayors.
What is the main thing the White Paper targets?
Two-tier authorities of all kinds.
What are 2 ways the mayors are being emboldened by the Government’s White Paper?
- Give mayors more funding flexibility.
- Give mayors greater primary powers over transport, housing and economic development.
What are 2 ways English devolution is limited?
- Unpopular.
- Little in the way of tax-raising or primary power.
What are 3 ways funding to councils is limited?
- Can gain additional funding from council tax, but the amount which can be raised is very limited, and controlled by Whitehall.
- Some have asked Whitehall to impose a temporary levy, but this has not been implemented.
- Most funding comes from a block grant.
What is an example of how governments rarely grant tax increase requests to councils?
Bath and North East Somerset Council have asked Whitehall for a tax on tourism. By 2021, no such agreement had been reached.
What is an example of how funding for councils is often insufficient?
September 2023 - Birmingham City Council declared itself bankrupt.
How did council tax rise in Birmingham?
21% increase over two years.
What are 2 examples of towns which abolished their mayoralties?
Torbay 2016
Hartlepool 2013.
What is an example of how mayoralties were often not met with mass enthusiasm?
2002, 2005, 2009 - H’Angus the Monkey elected as mayor of Hartlepool (Stuart Drummond). Was the mascot of Hartlepool Town.
When was devolution first formally examined? What was the conclusion for England?
1919-20 Speaker’s Conference
An all-England approach would be best if it did go ahead.
What campaign was set up to campaign for an English Parliament and evaluation?
Campaign for an English Parliament 1998
Not very popular.
What are 6 arguments for an English Parliament?
- Equality with rest of UK.
- West Lothian Question resolved.
- Westminster decentralisation.
- Expression for English identity.
- Successful in other parts of the UK.
- Support.
When was devolution first formally examined?
1919-20 Speaker’s Conference
An all-England approach would be best if it did go ahead.
What campaign was set up to campaign for an English Parliament?
Campaign for an English Parliament 1998
Not very popular.
What are the six arguments for an English Parliament?
- Equality with rest of UK
- West Lothian Question resolved
- Westminster decentralisation
- Expression for English identity
- Successful in other parts of the UK
- Support from some politicians
Who argued that English devolution would give England equality with the rest of the UK?
Teresa Gorman
Unsuccessful PMB in 1998 to introduce English devolution - would deliver ‘fair and equal treatment’.
Why does the West Lothian Question require an answer now more than ever?
EVEL is gone since 2021.
Example of a time when the West Lothian Question became a problem?
July 2015 - relaxation of foxhunting ban in England and Wales withdrawn after SNP said it would vote against it, despite it being an England only matter.
What is the Westminster Lothian Question?
Regarding the asymmetry that, whilst MPs from devolved regions can vote on English-only affairs, English MPs by nature cannot vote on devolved regions affairs.
Example of English political identity being different from other parts of the UK?
England - 53.4% voted Leave in 2016, versus only 38% in Scotland. Only England and Wales voted leave.
Example of recent support for English devolution?
November 2014 - Andrew Rosindell introduces a PMB for federalism, co-sponsored by John Redwood and chair of 1922 committee Graham Brady, as well as MPs from other parties.
Name two MPs who have supported devolution.
- Alex Salmond SNP
- Pete Wishart SNP
What are the seven arguments against an English Parliament?
- Dominate
- Identity
- Location
- Cost-effective
- Parliamentary sovereignty
- Union weakened
- Unpopular
Example of how the English Parliament would dominate the UK?
85% of GDP.
Why is identity a problem for an English Parliament?
Identities are more regional and less national.
Why would the union be weakened by an English Parliament?
There is no risk of England leaving the union without devolution, so instead of it being a trade off, it is merely a sacrifice.
Example of how public enthusiasm for English devolution is lacking?
November 2004 - 78% reject NE assembly.
What are the four ways devolution has impacted the government of the UK?
- Constitutional significance
- Policy variation
- Alternative voting systems trialled
- Pressure group activity different
Why is devolution constitutionally significant?
Established ‘QUASI-FEDERALISM’
Whilst we still have reserved sovereignty, we see decisions not being made by Parliament.
Example of how devolution may weaken Parliamentary sovereignty?
Scotland Act 2016 - Westminster cannot legislate in devolved matters without consent.
Name three examples of regional policy variation.
- University tuition fees
- Parental use of corporal punishment
- COVID-19 regulations
Example of how corporal punishment’s legality varies between the regions?
Illegal in Scotland since 2019.
Example of how COVID-19 regulations vary between countries?
May 2020 - 6 people in England, 8 from 2 households in Scotland, unlimited from 2 households in Wales and 4-6 from unlimited households in Northern Ireland.
What is the norm in regional governance?
Multiparty governance is the norm in the regions.
Exceptions include 2011 SNP and 2021 Labour in Wales - have 30/60, but with neutral presiding officer basically have a majority.
Why do some call devolution partisan?
Since 1999, Labour Government only in Scotland. No devolved administration has ever been run by Conservatives.
Example of pressure groups targeting devolved and not central government?
2019 - more than 84 organisations responded to consultation, many of which were pressure groups.
What term could be used to describe the current state of UK devolution?
‘Quasi-federal’.
What is the word used to describe the difference between English and rest of UK devolution?
Asymmetrical.
Example of why the 2013 vote against Syrian airstrikes should not be overemphasised?
2015 - vote was successful.
When did Stormont, Holyrood and Senedd all actually come into existence?
1999, 1999 and 1998.
Example of how alternative voting systems have led to political diversity?
Current Stormont - People Before Profit, a Trotskyist group, sits in Stormont.