Devolution

Question 1

When was the Scottish Government formed?

Answer 1

Following vote in favour, under Scotland Act 1998

Question 2

What is the Sewel Convention?

Answer 2

Provides that Westminster parliament will not normally legislate on devolved matters in Scotland without Scottish Parliament’s agreement

Question 3

What is the impact of Section 28(7) Scotland Act?

Answer 3

Preserved power of UK Parliament to make laws for Scotland

Question 4

What was the outcome of R (Miller) v Secretary of State for Exiting the European Union (2017)?

Answer 4

Although the Sewel Convention was added to s 28 of the Scotland Act, it remains a convention therefore cannot be enforced through UK Courts

Question 5

How is a law passed in a devolved area?

Answer 5

Legislative consent motion

Question 6

Can the UK Parliament still legislate on a devolved matter without the devolved Parliament’s consent?

Answer 6

Yes, as the Sewel Convention is not legally enforceable

Question 7

What is the National Assembly for Wales called?

Answer 7

Senedd Cymru

Question 8

How many areas does the Senedd have the power to pass primary legislation in?

Answer 8

21 subject areas

Question 9

What is the Reserved Powers model (applicable in Wales and Scotland)?

Answer 9

Certain things cannot be passed by the National Parliament - i.e. the national Parliament is able to pass legislation on all matters which are not explicitly reserved

Question 10

Do the Sewel Convention and legislative consent motions apply in Wales?

Answer 10

Yes

Question 11

What is the North-South Ministerial Council?

Answer 11

Provided for in Good Friday Agreement - Council cooperates and develops policies on matters of mutual interest within the island of Ireland, e.g. agriculture, education and the environment

Question 12

What is the transferred matters model in NI?

Answer 12

Can legislate over “all matters except reserved matters and accepted matters”

Question 13

What are “accepted matters”?

Answer 13

Includes matters such as defence, international relations and immigration

Question 14

What are “reserved matters”?

Answer 14

Matters where Northern Ireland assembly can legislate with the consent of Secretary of State, and are areas which may be devolved in the future (includes firearms and explosives, financial services, broadcasting, consumer safety, IP)

Question 15

Do the Sewel Convention and legislative consent motions apply in NI?

Answer 15

Sewel Convention - yes but without express statutory recognition

Legislative consent - yes

Question 16

In what events may legislation enacted by devolved Parliaments be referred for review by courts?

Answer 16

o By reference from a devolved or UK law officer to the Supreme Court

o Through an appeal from certain higher courts in England & Wales, Scotland and Northern Ireland

o Through a reference from certain appellate courts