DEVOLUTION

Question 1

Definition of Devolution

Answer 1

Devolution is the transfer or delegation of power from a cen-
tral or higher-level government to a lower-level or local gov-
ernment. As mentioned, the UK is a union state made up of
four diferent nations: England, Scotland, Wales, and North-
ern Ireland, and it has adopted devolution legislation for
Scotland, Wales, and Northern Ireland. The legislation gives
all three nations their own legislatures and governments with the authority to develop their own laws in certain matters.

Question 2

‘Permanence’—Scotland and Wales

Answer 2

The UK Parliament has legislated that the Scottish Parliament,Scottish Government, Welsh Parliament, and Welsh Government are ‘permanent’ parts of the UK’s constitutional arrange-ments. To support this, it is declared in law that these institu-
tions are not to be abolished unless the people of Scotland or Wales vote in favour of their abolition at a referendum.

Question 3

‘Permanence’—Northern Ireland

Answer 3

1. Northern Ireland is in a diferent situation from Scotland and Wales. Devolution in Northern Ireland was created as part of
   the 1998 Good Friday Agreement, which included an interna-tional treaty between the UK and the Republic of Ireland and
   a broader agreement between political leaders of Northern
   Ireland.

2.here was a divide in Northern Ireland between those who wished to join the Republic of Ireland and those who
wished to remain part of the UK. Therefore, the Good Friday
Agreement included a cross-party agreement to create a
Northern Ireland Assembly and Northern Ireland Executive.

3. Under the Good Friday Agreement, this Assembly and Exec-utive will govern Northern Ireland. However, if it is ever felt
   that there is a majority in Northern Ireland who wish to join
   the Republic of Ireland, a referendum can be held giving the people of Northern Ireland the choice of either choosing to
   remain part of the UK or to join the Republic of Ireland.

Question 4

THE SEWEL CONVENTION

Answer 4

1. The UK Parliament has retained the power to legislate on all matters afecting Scotland, Wales, and Northern Ireland, in-
   cluding matters that have been devolved.
2. However, this pow-er is subject to the Sewel convention. If the UK Parliament is going to legislate on a matter devolved to Scotland, Wales, and/or Northern Ireland, the consent of the afected institu-
   tions is normally required via a ‘legislative consent motion’.
3. However, use of the word ‘normally’ shows that Parliament
   did not intend to be completely bound by this convention, so
   if one of the devolved institutions refuses consent, legally,
   the UK Parliament can still pass the legislation.

Question 5

REVIEW OF LEGISLATION BY COURTS AND LIMITATIONS ON LAW-MAKING
POWERS

Answer 5

1. As the devolved legislatures are each created by the UK Par-
   liament, the legislation they pass can be subject to scrutiny
   by the courts.
2. If the legislatures pass legislation that exceeds their law-making powers, the courts will strike down the legis-lation as invalid.
3. The courts of Scotland, Wales, and Northern Ireland can refer the matter to the Supreme Court for a decision
4. This can happen if the devolved institution:
   *Acts outside their legislative competence (that is, by leg-
   islating on non-delegated matters); or
   *Legislates contrary to the ECHR.

Question 6

REFERENCE TO SUPREME COURT

Answer 6

In between a bill passing all of its stages in a devolution
legislature and being granted the Royal Assent, the bill can be referred to the Supreme Court to determine whether it
is within the law-making power of the devolution institution. References to the Supreme Court can be made by the per-
sons shown in the following table: