devolution Flashcards

1
Q

what is devolution?

A
  • transfer of policy-making powers from centre to subordinate subnational institutions
  • state-wide legislature retains authority
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2
Q

how is devolution in uk asymmetrical?

A
  • each of devolved institution different powers + distinctive features
  • scotland most powerful - law-making in devolved matters + tax raising powers
  • welsh assembly - initially only executive powers - determining how WM legislation implemented in wales but after 2011 primary legislative authority over devolved matters + tax raising powers after 2017
  • northern ireland assembly - primary legislative powers but limited powers over tax
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3
Q

how did devolution start out?

A
  • devolution established in 1999 following the new labour electoral victory 1997
  • calls for devolution + independence present + growing since 1970s
  • discontent with british political system + rising of scottish + welsh nationalism
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4
Q

how did callaghan’s govt respond to devolution?

A
  • labour’s callaghan govt held two refs
  • 1979 welsh referendum resulted in only 20% supporting dev
  • 1979 scottish ref more convincing - 52% in favour - WM stipulated scottish assembly would not be created unless supported by 40% - only 33% turned out to vote yes
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5
Q

how did thatcher’s govt respond to devolution?

A
  • her conservative govt not prepared to pursue devolution further
  • saw renewed demands for devolution + scottish/welsh nationalism - thatcher’s policy against miners in particular spurred nationalistic demands
  • labour + libdems supported devolution
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6
Q

how did blair’s govt respond to devolution?

A
  • labour’s blair govt also held two refs
  • 1997 - scottish ref:
    74% in favour of scottish parliament with primary legislative powers on devolved matters
    64% in favour that scotland’s parliament could have tax varying powers
  • 50.3% voted yes to welsh assembly
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7
Q

what is the scottish parliament like?

A
  • has 129 members (MSPs) elected by additional member system
  • 73 MSPs elected using FPTP - one per constituency
  • 56 MSPS are additional members elected using regional lists (8 regions)
  • known d’hondt system
  • every voter has two votes - first - MP and second vote for a party
  • each of 8 regions puts forward 7 members - takes into account share of vote gained by each party + balances this against constituency seats already one
  • to calc ‘top-up’/ additional member parties allowed
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8
Q

what are the electoral systems used by the devolved institutions?

A
  • scottish parliament and welsh assembly elected by AMS

- STV used by NI assembly

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9
Q

what is the scottish govt like?

A
  • draws up policy proposals + implements legislation

- first minister heads the govt + appoints cabinet

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10
Q

what are devolved powers?

A

powers which devolved institutions have right to pass laws on

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11
Q

which act first gave scotland tax-varying and primary legislative powers in a range of policy areas?

A
  • scotland act 1998
  • tax-varying powers - raise or lower rate of income tax by 3%
  • gave scottish parliament primary legislative powers in a range of policy areas - law + order, health, education, transport, environment + econ development
  • WM no longer makes law for scotland on these matters
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12
Q

what are major powers of the devolved institutions?

A
  • tax
  • scotland + wales - income tax - other specified tax
  • NI - just corp tax
  • health + social policy
  • SP has abortion law which wales + NI dont have
  • environment
  • welsh + scot same
  • NI does not have onshore gas + oil extraction
  • education + culture
  • all same equal
  • law + home affairs
  • scot + NI - justice, police, prisons, elections
  • welsh - just elections
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13
Q

which act gave scotland the power to vary tax higher/lower than the rest of the UK?

A

scotland act 2012

gave power to scot parliament to set scot rate of income tax higher/lower than rest of UK from 2016 onwards

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14
Q

which acts has limits to it? what are they?

A
  • 1998
  • ‘reserved powers’ sole responsibility of WM
  • UK const
  • defence + nat security
  • foreign policy
  • nuclear energy
  • immigration
    etcc
  • stated that WM remains sovereign in all matters but chosen to exercise it by devolving legislative authority without affecting own powers
  • has right to override SP in policy areas + abolish dev institutions
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15
Q

what does the scotland act 2016 state when it comes to WM?

A
  • WM will not legislate on devolved matters without consent
  • scottish parliament + govt are ‘permanent part of UK’s const agreements’
  • scot parliament + govt cannot be abolished unless approved in a ref in scotland
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16
Q

what were the different campaigns/views towards scottish devolution

A
  • yes scotland campaign fronted by SNP - vision was for independent scotland with ‘personal union’ with UK- but scotland own written const + full responsibility for welfare, foreign + defence policy
  • pro-union, better together - supported by labour, tories and libdems argued for extensive dev + economic, cultural, political benefits of union
  • argued independence would damage scotland’s economy
  • UK treasury insisted no currency union with an independent scotland
  • EC warned an independent scotland would not automatically become part of EU
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17
Q

when and how did independence referendum happen? what did it do?

A
  • 2014
  • although constitution reserved power, WM granted scot parliament temporary powers to hold indep ref
  • asked if scotland should be indep
  • 55% no but 45% yes
  • turnout high 85%
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18
Q

what was the scotland act 2016 stating in terms of powers?

A
  • new powers devolved by the act include:
  • to set income tax + bands
  • some additional taxes + duties
  • right to receive 50% of the VAT raised in scot
  • control over certain welfare benefits
  • road signs, speed limits etc
  • the franchise for scot elections
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19
Q

what is the welsh assembly and government like?

A
  • 60 members elected - 40 using FPTP and 20 using d’hondt
  • welsh govt draw + implement policy
  • first minister heads govt + appoints cabinet
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20
Q

what was the act that enabled assembly to ask for further powers to be transferred from WM and allowed it to gain primary legislative powers if approved in a ref ? what was the referendum following it?

A
  • govt of wales act 2006

- 2011 ref resulted in a 64% ‘yes’ vote

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21
Q

what are all the govt of wales acts? 1998- 2017

A
  • following 2011 ref assembly duly gained power to make legislation in existing 20 devolved areas - specified in wales 1998 + included education, health, transport, environment + econ dev
  • democrat uk coalition govt established silk commission to consider case for transfer of further powers to wales
  • wales act 2014 put into place first portion of of silk’s proposal by devolving control of landfill tax + stamp duty
  • wales act 2017 - gave wales powers which were not reserved to WM + allowed for wales to create welsh income tax
  • were refused for policing + justice to be devolved
  • established assembly + welsh govt as permanent feature of UK const
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22
Q

how do politics and government differ in northern ireland from elsewhere in the UK? all factors

A
  • communal conflict
  • distinctive party system
  • security
  • separate system of govt
23
Q

how does communal conflict differ nothern ireland?

A

divide between unionists (identify with british state want northern ireland to remain - tend to be protestant) and nationalists (favour united ireland/ greater role of republic ireland in affairs of north - cath)

24
Q

how does distinctive party system differ nothern ireland?

A
  • elections are contested between unionist + nationalist parties
  • main electoral issue is constitutional status of northern ireland
  • main UK parties tend not to field candidates in NI elections
25
Q

how does security differ nothern ireland?

A
  • terrorist campaigns by organisations have killed more than 3,600 people during ‘the troubles’
  • IRA has adhered to ceasefire since 1995 but breakaway republican groups remain active
26
Q

how does separate system of govt differ nothern ireland? how is devolution also distinctive?

A
  • governs differently
  • 1922-1972 only part of UK to have own parliament
  • under direct rule - secretary of state for northern ireland significant policy making powers
  • devolution also distinctive - designed so nationalist + unionist can share power
27
Q

what is the good friday agreement?

A
  • The Agreement restored devolved powers to Northern Ireland
  • Northern Ireland had various powers and controls in place until 1972 when its parliament was dissolved
  • The 1998 agreement established an assembly which was to be elected using proportional representation (PR).
  • PR was used so that all sections of Northern Ireland’s society would be represented
  • All major parties in Northern Ireland were guaranteed ministerial positions because the executive in Northern Ireland was based on power sharing
28
Q

what powers were devolved in the good friday agreement?

A
  • Powers were devolved over healthcare, transport, agriculture, policing and education
  • The Northern Ireland Assembly was granted the power to pass laws not reserved to the Westminster Parliament
29
Q

why was the northern ireland assembly devolved in 2002? when did it reopen?

A

The Northern Ireland Assembly was dissolved in 2002 following tensions between the Loyalist and Republican communities

  • The Assembly was re-opened in 2007
30
Q

what is the ‘English question’?

A

how should England be governed?

31
Q

arguments for an english parliament?

A
  • would complete devolution within UK + resolve English question by giving own parliament
  • Currently, under the Barnett formula (mechanism used by Treasury in UK to adjust amount of expenditure), England receives less funding from UK taxes per capita than other UK regions. This could be addressed by having a devolved English Parliament
  • redwood - former tory cabinet minister now backbench MP - claimed whats good enough for scotland is good enough for england in response to powers promised to scotland 2014 - would solve unrest of people - achieve symmetry + equity

-

32
Q

what are the arguments against an english parliament?

A
  • ‘devolution all round’ nor create coherent + equitable system bc england much bigger than other nations of union
  • not a lot of support in england for english parliament - just under 50% in 2009
  • An extra tier of politicians would need to be created and there would be the extra expense of running an English Parliament, possibly in a new buildin
33
Q

what is the west lothian question?

A

asks why scottish MPs should be able to vote on english matters at WM when english MPs cannot vote on scottish matters?

34
Q

negative to west lothian question?

A
  • few cases where legislation on english issues would not have come into course without scottish MPs
  • ex 2003-04 legislation on university fees and foundation hospitals in england not have been passed without votes of scottish labour MPs
35
Q

arguments for directly elected regional assemblies to english regions?

A
  • balanced devolution settlement in uk - better alternative to english parliament (lack of supp)
  • bring decision making closer to people + address differing interests of english regions (60% believe cannot talk freely)
  • enhance democracy - take over functions of unelected quangos (unelected body responsible for funding of area of policy)
36
Q

arguments against directly elected regional assemblies to english regions?

A
  • lack of support - 2015 just a little over 20%
  • break up england + make it more difficult for whole interests to be represented
  • perhaps dominated by urban rather than rural interests
37
Q

why is the uk described as a quasi-federal state?

A

some of the characteristics but retains some features of a unitary state

38
Q

what is a quasi-federal state?

A
  • supreme authority in center
  • no longer makes domestic policy for certain parts of state
  • find it difficult to politically abolish subnational tier of govt
39
Q

what are the main features of quasi-federal state?

A
  • limited party sovereignty
  • quasi-federal parliament
  • joint ministerial committee
  • supreme court
40
Q

what’s the lowest level of govt in the UK?

A

local government

41
Q

how do local authorities impact uk?

A
  • responsible for many services ex: education, social services, housing, roads etc - maintain provision by various bodies (health trusts, private companies and more)
  • local authorities receive most funding in form of grants from central govt
  • combined authorities (consist of adjoining local councils) granted additional funding + policy making powers on transport, health, econ development + policing
42
Q

how is limited parliamentary sovereignty a feature of a quasi-federal state?

A
  • no longer sovereign over domestic matters in devolved institutions - power not unlimited
  • scotland act 2016
43
Q

how is a quasi-federal parliament a feature of a quasi-federal state?

A
  • wm operates as english parliament in sense it makes domestic law in england
  • federal parliament in devolved areas because retains reserved powers on UK-wide matters
44
Q

how is joint ministerial committee a feature of a quasi-federal state?

A
  • UK ministers + devolved administrators meet at JMC to consider non-devolved matters
  • resolve disputes
  • UK lead player
45
Q

how is the supreme court a feature of a quasi-federal state?

A

resolves disputes over competences by determining if devolved bodies have acted within their powers

46
Q

why the UK should become a federal state?

A
  • answer english question by creating english parliament + govt
  • would almost certainly require something close to a written and codified constitution
  • status of WM would be classified: federal parliament dealing with issues such as border control, defence + foreign affairs
47
Q

why should the UK not become a federal state?

A
  • works best in states where not a dominant nation/region - unsuitable for UK england makes up 4/5 of population
  • negatives of codified
  • measures to reduce dominance of england (creation of regional elected assemblies) problematic + unpopular
48
Q

what is policy divergence?

A

devolved institutions have introduced policies which differ from those pursued by UK govt

49
Q

what are the positives of policy divergence?

A
  • devolved institutions have responded to concerns of electorate
  • policies: ban smoking in public places in scotland + charges for using plastic bags in wales taken up subsequently by other govts
50
Q

what is a negative of policy divergence?

A
  • may undermine principle of equal rights for UK citizens

- NI only part of uk where same-sex marriage illegal

51
Q

what are some examples of policy divergence in UK (education + healthcare)?

A
  • school league tables not abolished in England

- prescription charges not abolished in england

52
Q

what are negatives to the barnett formula?

A
  • england significantly less
  • but scotland and wales share of public spending squeezed
  • does not take into account relative needs (health, age etc)
  • not set out in statute law + govt reluctant undertake major provisions in how block grants calculated
53
Q

how has devolution undermined the union?

A
  • policy divergence
  • unease parliament undermined
  • west-lothian question
54
Q

how has devolution not undermined the union?

A
  • policy divergence reflects interests of nations of UK + has allowed initiatives which could inspire other nations to adapt
  • delivered peace + power-sharing in NI after 30 years of violence
  • most people in UK still feel british to some degree + dev preferred const position - scotland - 30% equal - wales - 35%