6. Devolution

Question 1

In addition to a vote of the UK Parliament, what is required to abolish the institutions of government in Scotland and Wales specifically?

Answer 1

A referendum of the people of the relevant country

Question 2

What is required under the Sewell Convention and does it have any more than honorary effect?

Answer 2

If UK Parliament is going to legislate on a matter devolved to Scotland, Wales, or Northern Ireland, they will normally seek the consent of the relevant institution via a legislative consent motion.

Essentially honorary, UK Parliament can still proceed even without consent.

Question 3

Can legislation passed by a devolved legislature be struck down by the courts?

Answer 3

Yes

Question 4

In what two instances can the courts of a devolved legislature refer a matter to the Supreme Court?

Answer 4

If the devolved institution:

1. Acts outside their legislative competence, i.e. legislates on non-delegated matters, or
2. Legislates contrary to ECHR

Question 5

Since leaving the EU, what are devolved legislatures free to legislate on and what is it subject to?

Answer 5

They can legislate contrary to EU law as long as it falls within their legislative competence, subject to UK Parliament outlining specific areas of EU law that devolved institutions cannot modify

Question 6

When can a bill of a devolved legislature be referred to the Supreme Court, and for what reason?

Answer 6

In between passing all stages in the devolved legislature and receiving Royal Assent, for the purpose of determining whether it falls within the devolved legislature’s legislative competence

Question 7

In each of (1) Northern Ireland, (2) Scotland, and (3) Wales, who can refer a devolved government bill to the Supreme Court?

Answer 7

1. Northern Ireland: Advocate General and Attorney General
2. Scotland: Lord Advocate, Advocate General and Attorney General
3. Wales: Counsel General and Attorney General