Central Government and Devolved Institutions Flashcards
What are Northern Ireland reserved matters?
- Financial services and markets
- Pensions regulation
- International trade
- Competition law
- Consumer safety
- Data protection
- IP
- Criminal law relating to terrorism
How are members of a political party appointed as ministers?
In the UK, Scotland, and Wales, the prime minister nominates a minister and the king appoints them, but in Northern Ireland, a political party in the Northern Ireland assembly will nominate the person
How is accountability to Parliament held?
By debating on and voting for Parliamentary bills
By asking and answering questions
By initiating debates
By having select committees of backbench MPs who scrutinise the work of the government
How many members do the Scottish, Welsh, and Northern Irish parliaments have?
Scotland has 129, Wales has 60 and Northern Ireland has 90
The Northern Ireland assembly has more limited legislative powers. What can’t it make laws on?
- Matters outside of Northern Ireland or any laws contrary to the ECHR, or any laws that discriminate on the basis of religious beliefs or political opinion
- The human rights act, the European communities act, the EU withdrawal act
- Excepted matters that cannot be transferred to the assembly, including the Crown, Parliament, international relations, defence, tax, and immigration
- Reserved matters
What are examples of the ministerial code?
Confidentiality
Being truthful and not lying to Parliament
Ensuring no conflict arises or appears to arise between public duties and private interests
Behave with honesty and integrity
Duty to Parliament to account, and be held to account for, the policies, decisions and actions of their departments and agencies
Requiring their civil servants to be as helpful and as truthful as possible
What are reserved matters?
Matters that the devolved institutions cannot vote on, unless a UK order in council grants them the right to legislate on it
What are the powers of the prime minister?
Appointment of ministers of the crown, and of the cabinet
Structure of government departments
Control of Armed Forces, intelligence and security services
Foreign affairs
Official appointments
Management of the civil service
What are the reserved matters for Scotland and Wales? (Don’t learn, just read)
The crown
The union between the devolved institute and England
UK Parliament
Legal system (Wales only)
Registration of political parties
Foreign affairs and defence
Financial economic matters
Home affairs
Trade and industry
Energy and transport
Social security
Regulation of the professions
Employment and health
Media and culture
What does Attorney General v Jonathan Cape 1976 say about conventions?
That conventions are not enforceable in law
What does Carltona v Commissioner of Works 1943 say about ministers legal liability?
That ministers are legally responsible for what the civil servants do. The minister is sued, not the civil servant.
What does s 1 of the Scotland Act 2016 say?
That Scottish Parliament and the Scottish government are a permanent part of the UK’s constitutional arrangements and they can only be abolished in a referendum. But, UK Parliament is sovereign, and could repeal this if they wanted to
What does section 1 of the Northern Ireland act say?
That the decision to remain part of the UK or leave and join with the Republic of Ireland, can only be decided by a referendum
What does section 1 of the Wales act 2017 say?
That the Welsh Parliament and Welsh government are permanent part of the U.K.’s constitutional arrangements and can only be abolished if the people of Wales vote for it in a referendum
What does the government of Wales act 2006 say that Wales cannot make laws on?
- Matters outside Wales, or any laws contrary to the ECHR
- The government of Wales act itself, human rights act, European communities act, the EU withdrawal act
- Reserved matters
What does the Public Accounts Committee do?
Checks whether the government is spending public money properly on the purposes approved by parliament
What does the Scotland act 1998 say that Scottish Parliament cannot make laws on?
1.Matters outside of Scotland or any laws contrary to the ECHR
2. The Scotland act itself, human rights act, European communities act, the EU withdrawal act
3. Reserved matters
What does the Scottish parliament have the right to set?
Its own rates of income tax
What happens if a minister breaks the ministerial code?
The prime minister might require their resignation
What happens if an act of the devolved institutions is not within its legislative competence?
It is not law and a court may suspend the effect of the act until the defect is corrected
What is the ministerial code?
Written conventions that govern the behaviour of ministers, but aren’t enacted into law
What is the Sewel convention?
That the UK Parliament will not normally legislate with regards to devolved matters without consent of the Scottish and Welsh Parliament, However, this is only a convention and cannot be enforced as law
Who enforces the ministerial code?
Prime Minister
Why does each government department have a select committee of 11 MPs?
To examine the work of that department and report to department
