Ch 8: Devolution Flashcards
When was the Act of Union with Scotland?
1707
When was the Act of Union with Wales?
1535-1542
When was the Act of Union with Ireland?
1800
What is the difference between a Federal State and a Devolved State?
In a Devolved State the central Parliament retains supremecy - it has simply delegated some authority to minor parliaments.
In theory - Parliament could revoke or override that authority at any time.
When was Scottish Devolution started?
Scotland Act 1998
Can the Scottish Parliament create Primary Legislation?
Yes
How often are Scottish elections?
5 years
What powers does the Scottish Parliament have?
Can legislate on all matters except for “reserved matters” - notably Foreign Policy and Defence
Can raise and adjust Taxes (within boundaries)
Can amend or repeal Acts of UK Parliament provided the subject falls within its legislative competence areas. Any such amendments are limited to Scotland.
What areas are outside of the Legislative Competence of the Scottish Parliament?
Any provisions that:
- would form part of the law of any territory other than Scotland
- relate to Reserved Matters
- Modify certain enactments (e.g the Scotland Act itself, Human Rights Act etc)
- are incompatible with the ECHR
- would remove the Lord Advocate from their position
Who decides if a matter is within the Scottish Parliament legislative competence?
Presiding Officer must give opinion.
Advocate General may refer to the Supreme Court for confirmation
What does the Scotland Act 1998 state in regards to understanding legislative competence?
Where a provision in an Act could be read as being outside its legislative competence, such a provision is to be read as narrowly as required for it be within competence (if possible)
Who appoints the Lord Advocate?
Recommended by First Minister with Parliament agreement - but appointed by the Monarch
What is the Sewell Convention?
The UK Government will not normally legislate on devolved matters in Scotland without the consent of the Scottish Parliament
Does the Sewell Convention have legislative power?
No - it is noted as a convention in Statute (Scotland Act 2016), but it does not override UK Parliamentary sovereignty. It is a political constraint not a legal one.
How does the Scottish Parliament give consent under the Sewell Convention?
Via Legislative Consent Motions (LCM)
When did Wales get Devolution?
Government of Wales Act 1998
Can the Welsh and Scottish Governments be abolished?
Only with a local referendum
How did the Wales Act 2017 change the powers of the Welsh Assembly?
Previously the Assembly had a limited list of areas of competence.
After, it adopted the same Reserved Powers structure as Scotland
Does Scotland operate as a unified body of law with the UK?
No. Scotland and Northern Ireland have diverged to such an extent they form distinct bodies of law.
Wales has not yet, but increasing calls to do so.
What did the Good Friday Agreement do?
Agreed that NI would only cease to be part of the UK with the consent of the majority of NI. Only peaceful means to be used.
Also:
1) Established a devolved NI Assembly
2) North/South Ministerial Council to cooperate and develop policies for overall landmass of Ireland
3) British/Ireland Council to maintain relationships between the UK administrations and Ireland
How does the Northern Ireland Reseverved Rights structure differ from Scotland/Wales?
There are:
Transferred Matters - Devolved Powers
Excepted Matters - Retained powers which will never be devolved
Reserved Matters - areas where NI may legislate WITH Secretary of State permission and which may be devolved in the future
How does the NI Executive form?
Power sharing between Nationalist, Unionist and Others
The First Minister is from the largest Party.
The Deputy First Minister is the next largest.
Both roles have equal status.
What is the Agricultural Sector Bill (2014) case?
The Bill aimed to establish a scheme regulating the wages of Agricultural Workers in Wales.
The AG held it was outside Legislative Competence as it related not to Agriculture but to Employment which were reserved powers.
Supreme Court disagreed and judged its primary purpose was support the Agricultural Sector.
What is the case of the UNCRC and ECLSG Bills in Scotland?
The bills aimed to give these International Treaties effective in Scots Law. These had not yet been adopted into UK law.
UK argued this was outside competence as it would affect Parliamentary Soveriegnty to make laws for Scotland - as both bills allowed for striking down legislation that was incompatible.
Supreme Court agreed.
However the Bills could be adopted with the relevant clauses removed to avoid affecting Parliamentary Sovereignty.
What is a Section 35 order?
Secretary Of State for Scotland may refuse to refer Scottish Legislation for Royal Assent - even if within devolved powers.
E.g Gender Recognition Reform (2022) - UK argued this would impact Equality Bill which is reserved. Sec of State issued a S35 order to veto the Bill.
What is the UK Internal Market Act 2020?
Ensuring that no internal trade barriers could come into effect within the UK.
Mutual recognition means if goods can be sold in one region, they may be sold in the others as well - regardless of local standards.
Non discrimination means devolved Govts cannot enact legislation that discriminates between good produced in different regions.
Devolved Govts were not asked for consent. Very critical.
