devolution Flashcards
Devolution
The transfer of political decision making powers from the UK parliament to specific regions
Timeline of devolution
1979- First referenda held- Scotland 60% voted against + Wales 80% voted against
1997- Referenda passed- 74% FOR in Scotland + 50.3% FOR in Wales
1998- Scotland Act, Wales Act, Northern Ireland Act passed
1999- First elections held to devolved bodies
-These powers are established through statute law and since 1998 a number of acts have extended the devolved powers
-BUT since its based on statute law it means the Acts could be repealed + powers ,as it isn’t entrenched, could be returned to Westminster as UK parl remains sovereign
Why is this unlikely to happen?
-Although it’s theoretically possible, it’s politically impossible as it would be seen as injust = undemocratic.
Asymmetrical devolution
-Each devolved nation has received different levels of power
Scotland:
-Received the most powers as nationalism is stronger there
-Has had a history of existence of a separate state: prior to devolution it had distinctive institutions e.g. different legal systems + educational systems
Wales:
-Nationalism= weaker
-More concerned with protecting cultural identity than independence
N.I:
-Background of violent + political divisions between unionists + nationalists
-Creation of power-sharing form of govt is seen as critical to restoring peace
-SF becoming the biggest party shows how strong separatism is BUT the power-sharing govt is popular
-Polls show that what most people want is devolved institutions that work cohesively
Reserved + conferred matters
-Westminster retains control over reserved + expected matters
-Conferred- the powers given
-Reserved- you can do anything except x,y+z e.g. foreign policy
Financial devolution + why is it important?
-Power for the devolved assembly to raise its own taxes rather than rely on grants from parliament
-Allows devolved regions to be able to afford to make changes by raising their own taxes: gives legitimacy to decisions
primary legislatio
-Ability to make new laws in particular policy areas determined by the UK parliament
secondary legislation
-Laws made using specific powers given by a piece of primary legislation
e.g. an act of parl requiring schools to teach a national curriculum could give the assembly power to pass secondary legislation deciding on what subjects should be taught etc
Which nation has gained most powers since 1998?
-Wales- power increased from secondary to primary legislation in 2006
Why has devolution expanded?
-People take more notice + have recognised the powers of devolution
-They need more power for themselves e.g. under new labour there were lots of Scottish MPs + ministers whilst during the coalition there was very few so they had less of a say on the matter
Scotland parl + govt
-Scotland Act 1998- gave primary powers + income tax-varying power, +/- 3p
-Scotland Act 2012- gave a small extension of powers, increased tax-varying power to +/- 10p
-Scotland Act 2016- extended powers related to transport, energy + social security benefits + to set income tax rates + thresholds, receive the proceeds of national VAT
-Also declared Scotland govt + parl as permanent features of the UK constitution, could only be removed through a referendum
Welsh assembly+ govt
-Wales Act 1998- gave secondary legislative powers to the Assembly
-Wales Act 2006- provided for an additional referendum on primary legislative powers
-Welsh devolution referendum 2011 voted yes to give Welsh assembly direct law making powers in 20 devolved areas like health + education
-Wales Act 2014- gave minor tax powers and a referendum on income tax-varying power
-Wales Act 2017- provided a reserved powers model + transfer of further powers in transport + energy, gave income tax-varying power to +/- 10p without a referendum
-Welsh govt named as a permanent feature of the UK constitution
-2018- voting age reduced to 16
-2020- assembly renamed as senedd
-Support for Welsh independence: 2020= 11%, 2021= 14%
-Welsh Senedd has plans to increased from 60-96 mebers to reflect the increased constituency + scrutiny work carried out following the devolution of powers since 1999: shows success of devolution as the Welsh Senedd takes on more responsibilties
Northern Ireland assembly + executive
-Northern Ireland Act 1998- based on the Good Friday agreement created the Assembly + related institutions, gave Assembly power to legislate in transferred matters
-St Andrews Agreement (2006) renewed devolution in 2007
-Devolution of policing + criminal justice in 2010
-Corporation tax Act 2015 devolved power set to corporation tax
-Politics in N.I is different due to historical divisions between nationalists who want to reunite Island + Unionists who favour the union w the UK
-Party system in N.I is divided along these lines w a power-sharing executive so unionist + nationalists parties share power and make decisions collectively= maintained peace
-N.I assembly elections 2022- Sinn Fein won most seats: a threat to the power-sharing exec as the DUP refuses to work w/ them, power sharing= not resumed
West Lothian Question
-Whether or not its right for Scottish MPs to be able to vote at Westminster on matters concerning English domestic matters, when English MPs are unable to vote on Scottish domestic matters
-Has been used to criticise devolution as being unfair or to call for English devolution
-Has led to calls for ‘English votes on English laws’
E.g 2004- New Labour decided to introduce ‘top up fees’: was controversial amongst the left-wing of his party, 71 MPs rebelled against it.
-Motion was passed by 316-311 votes due to Scottish labour MPs voting for it even though it wouldn’t have an impact on their own constituencies.
Impact of devolution on the UK constitution
-Is the most significant constitutional reform
-Has created a new relationship between the nations of the UK
-Critics argue the asymmetry of the powers needs to be resolved to esnure fairness across the UK
-In it’s first few years devolution had little impact: labour governed Wales, Scotland + the UK so their policies were similar, new devolved govts didn’t want to seem power-hungry
