Devolution Flashcards
What is devolution
Transfer of power from the centralised power in Westminster to local government
Why has UK devolution been described as asymmetrical
devolution in Scotland is far further along than in England. Within England devolution is also unequal. Greater Manchester and the Greater Manchester authority has had far more devolution than the east of England which has had little devolution
What did the the Scotland act of 1998 do (what powers were transfered)
This created a unicameral legislature with 129 seats. The MSP proceede to nominate a first minister who chairs and appoints the Scottish cabinet.
Some powers have been reserved by UK government and the rest of the powers have not been devolved such as education, transport and the national healthcare service
What is the Sewell convention
If parliament would like to legislate in the UK the area which is not reserved to parliament then a ‘legislative consent motion’ is passed in the devolved assembly or parliament
What did the 2012 and 2016 Scotland act do
2012- ability to raise income tax and other tax by £.10p in the £1.
2016- further financial policy which recognised the Sewell convention
What did the 1998 govt of Wales act do
Gave the Welsh assembly which it created and enabled it to create secondary legislation.
(Secondary legalisation- how legalisation is then enacted in an area)
What did the 2016 govt of Wales act do
2014- tax policy such as stamp duty
2016- changed from conferred powers (shared) to reserved powers (where some are devolved and some are reserved to Westminster)
What is the difference between conferred and reserved powers
Conferred- areas of legislation are shared with both devolved govt and Westminster
Reserved- still held by Westminster and not devolved
What did the 1998 NI act do
‘goof Friday agreement’
created stormont
transport, education and healthcare
What powers does the Northern Ireland assembly have
Some reserved and others are fully transferred
How are the first and deputy ministers appointed (for NI)
The largest party elects a first minster and then the second largest party appoints a deputy first minister. They both have equal powers
How are other positions in the NI executive allocated
Chosen by first minister
How are the positions in the Northern Ireland assembly allocated
allocated by using the D’Hont formula
How does the NI assembly ensure that key decisions have both nationalist and unionist support
A first minister and a deputy first minister representing both groups
What is the Barnett formula used for
to give same per capita spending on infrastructure to those in devolved and those in non devolved areas.
How does the Barnett formula work
The change in spending on a dept is multiplied by the extent of devolution in that area (as a % share in the economic cost) which is then multiplied by the share of population and then multiplied by the total level of funding which is devolved overall
What are controversial interpretations of the barnett formula
-Extra given to NI in exchange for the DUP’s confidence and supply with the Thersa May government
-Spending on London Olympics was considered UK wide spending even tho it was only in London and on London transport infrastructure and regeneration.
- HS2- no money for Wales as heavy rail infrastructre hasn’t been devolved. Other regions have had increase infrastructure where Wales hasn’t.
The barnett formula is used only to adjust block grants- what is the advantages of this?
The money can be spent on whatever
also a simple process which allows for key share in extra money.
No negotiations are needed and is a standard process.
Why foes the barrett formula result in unequal per capita spending across the UL
Barnett formula locks in the unequal spending between the regions.
Barnett formula therefore perpetuates unequal per capita spending
Populations in Scotland has decreased so funding per capita has increased
Poor regions of England have ended up with lower levels of spending
The barnett formula was intended to be temporary however it has remained in place- why is this?
- was made to accommodate how regional governments should be funded with referendums in play
-Renegotiating would have winners and loosers
- politically challenging to do and it could increase discussion on independence.
- A review in Wales has concluded that the facilitation of services are more expensive so the welsh govt would receive no less than 115% of spending in England
Why were labours plans for regional assemblies scrapped
Huge margins of rejections for regional assemblies in offering regional assemblies in the North of England
How did new labour devolve power to London
The Greater London authority accepted by the London population after the 1998 referendum. Mayor was given and this enabled tfl, services and regional promotion ability.
What are combined authorities
Unitary councils combine to form a unitary authority with a mayor. This is what happened in Greater Manchester.
What are devolution deals
Government legalisation handing power to more local stakeholders
Often these deals came with conditions like a mayor.
What is the West Lothian question
Should English MP’s only decide on English issues as many bills are voted on by non English MP’s.
What were the ‘English votes for English laws’ rules and did they answer the ‘West Lothian question
When a piece of leglisation only affected England and not other regions.
The speaker would determine a grand legislative committee which would scrutinise the parts of the bill only affecting England.
this was abolished in 2021 as it undermined the core principle that all MP’s should be equal
How did R (miller) v Secretary of State for exiting the EU (2017) highlight the limits of the Sewell convention
Miller argued that the consent of a devolved government has to be given to create legislation in that area as per the Sewell convention which had been recognised in Law
SC ruled that this is a convention which is not a statute.
What is the UK internal market
Market of UK countries
Mutual recognition- any good that means the standards of one part of the Kingdom must meet another
What is the NI protocol
NI follows EU laws and has to conduct product checks on all goods which enter from Britain
This did create an Irish border with the UK which further separated Ireland with the rest of the UL
Why and how did the pandemic expose voters to the extent of devolution since 1999
Devolved governments need to protect their constituents. Lots of powers the govt was exercising has been devolved and there was separation of responsibility.
Devolution did allow for regional govt to create more tailored response to the pandemic.
What confusion resulted in the UK govt’s ‘dual roles’
Ministers lacked clarity on there powers with which they had
Devolution allowed to response to be more tailored and for alternative response.
How did COVID 19 highlight the devolved bodies financial dependance on Westminster
Much spending on uk NHS and other Covid responses was divided using the Barnet formula but this limited how proactive the devolved govts could be so the treasury devolved set funding such that they could be proactive.
How did the pandemic highlight the limits of English devolution
metro mayors were vocal critics
Andy Burnham was very critical of the govt
while regional first ministers were given time with the PM other regional representatives were not and regional voices weren’t heard
join ministerial committee
consultative group used to inform ministers if incoming changes
Has devolution Improved political representation, accountability, and the perceived legitimacy of government
Yes
devolved bodies have more collaborative and responsible govt
formal and informal deals function well
No
NI still has low trust in the establishment and has repeatedly collapsed
Has devolution led to improved economic profomance, better public services and more successful policies
Yes
test out policies in smaller areas before rolling out such as free prescriptions
Wales was the first to charge for plastic bags
congestion charge through ULEZ
No
Welsh education is far worse than rest of the nation
Has devolution unified the UK and strengthen support for the constition
Yes
- more time for people in motions to have their voices heard
- greater represertnaion of the people
No
- greater calls for independence
- gender recognition in Scotland was struck down by UK govt
What alternatives have been proposed to the current devolution settlements
inderpendance of NI and Scotland
growth of the SNP in recent years has shown this.
