Devolution Flashcards
What powers does the Scottish Parliament have?
They have the power to pass primary legislation in all areas aside from any reserved matters, any laws incompatible with the ECHR or laws which would remove the Lord Advocate from their position.
What specific areas does the UK Parliament reserve in Scotland and Wales?
The UK parliament has reserved matters specifically in consumer protection, data protection, constitution, defence and foreign affairs, justice and policing (for Wales).
What powers does the Senedd have?
They have the power to pass primary legislation in all areas aside from any reserved matters, any laws incompatible with the ECHR or laws which would remove the Lord Advocate from their position.
What is the process to pass legislation in the Senedd?
- Consideration and agreement of the bills general principles
- Detailed consideration of the bill. Amends are put forward by MS and a Committee of MS’s responsible will consider them and vote on them.
- Detailed consideration of the bill. Amends proposed by MS’ are debated in the Senedd and voted on.
- Where MS’ have made substantial amends, a report stage may be proposed which provides an additional amending stage.
- A vote to pass the bill and send for Royal Assent within four weeks.
What can happen in the four weeks between passing the bill and sending for Royal Assent?
Law officers can refer the question of whether the bill is within the Senedd’s legislative competence to the Supreme Court.
What are Member Bills within the Senedd?
They are introduced by individual MS’ and are subject to the same process as government bills.
What are private bills?
Bills which only apply to specific individuals or bodies.
What are the procedures for passing secondary legislation under the Senedd?
Affirmative procedure - it will not come into effect unless approved by the Senedd.
Negative procedure - it will not come into force unless the MS objects within 40 days of the draft being laid before the Senedd.
What powers does the NI Assembly have?
They have the power to enact primary legislation except on excepted matters or reserved matters, any laws incompatible with the ECHR or laws.
What specific matters are excepted or reserved to the UK parliament in respect of NI?
Excepted matters - defence, foreign affairs, UK-wide taxation
Reserved - broadcasting, consumer safety, intellectual property
What three ways can legislation be referred to the Supreme Court in respect of its competence?
Referral by devolved or UK law officer
Through an appeal from a certain higher court in England and Wales, Scotland and NI
Through a reference from certain appellate courts
What is the Joint Ministerial Committee?
A committee which contains ministers from UK and devolved governments.
What is the aim of the Joint Ministerial Committee?
Provide central co-ordination of the overall relationship between the UK and the devolved nations
Consider non-devolved matters that affect devolved matters
Keep arrangements for liaison between governments under review
Consider disputes between the Government
What are the active sub-committees of the Joint Ministerial Committee?
JMC Europe
JMC EU Negotiations
What is the purpose of JMC EU Negotiations?
To act as a forum to involve the devolved nations in agreeing a UK approach to the UK’s withdrawal from the EU.
