Devolution

Question 1

When did devolution happen?

Answer 1

1998

Question 2

What is devolved legislation?

Answer 2

It has the characteristics of primary legislation produced by Westminster but it cannot be created without the enabling powers of an Act of the UK Parliament.

Question 3

What are devolved matters?

Answer 3

The areas of the government where decision-making has been delegated by the UK Parliament to a devolved administration.

E.g. in Scotland education and the environment are devolved.

All devolved laws are still subject to review by the Supreme Court.

Question 4

What are reserved matters?

Answer 4

Decisions still taken by Parliament at Westminster even though they have effect in Scotland, Wales and Northern Ireland

E.g. immigration, defence, foreign policy, constitution (some aspects)

Question 5

How are devolved administrations funded?

Answer 5

Budgets are set by Westminster but then devolved administrations have freedom to allocate spending within those limits.

Budgets are determined by ‘spending reviews’ which are scrutinised by Parliament.

Note: devolved administrations also have their own taxes.

Question 6

What is the Memorandum of Understanding 2012?

Answer 6

Between UK government, Scottish ministers, Welsh ministers and the Northern Ireland Executive Committee and contains a series of non-legally binding principles which underlie relations between the administrations.

• Consider non-devolved matters which impinge on devolved responsibilities and vice versa
• Discuss the respective treatment of devolved matters within their administrations
• Keep the arrangements for liaison between the UK govt and devolved administrations under review.
• Consider disputes between the administrations

Question 7

Devolution in Scotland

Answer 7

Acts of the UK Parliament extend to Scotland only if they deal with non-devolved or “reserved” matters, such as immigration.

Although UK Parliament will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament it is not explicitly prevented from doing so.

Consent is indicated by a ‘Legislative Consent Motion’

Question 8

Devolution in Wales

Answer 8

Also a reserved powers model - Acts of Parliament will only apply to Wales if they deal with reserved matters.

• Legislative consent motion and Sewel convention applies

Question 9

Who determines whether laws are within the legislative competence of devolved administrations?

Answer 9

The Supreme Court. If found to be outside the devolved legislation is not law.