Devolution Flashcards
What are the powers of the Northern Ireland Assembly
- Health and social services
- Education
- Environment
- Agriculture
- Unicameral assembly= single chamber
- 90 members
- Proportional representation system: Catholics + Protestant, fairer to Catholics than FPTP
Power sharing: Sinn Fein (Republicans, mainly Catholics), forced to permanently have a coalition government of the 2 most popular parties
What was the Irish population before 1997?
1.9 million
(Mostly Protestant, Catholic minority)
What is the Northern Ireland history?
- Britain was annoyed they lost America so took over Ireland, then only Northern Ireland
- Easter rising
- Around 1921, South of Ireland became independant, Northern Ireland stayed part of Britain
- Home rule, lasted around 50 years
- 1952- the troubles, Unionists (want to remain in the UK, majority protestants) + Republicans (wanted to leave UK, reform with the Republic of Ireland, including IRA, typically Catholic)fought
- 1972: Bloody Sunday, main event of the troubles, let to Parliament being prorogued and dissolved
- Sunningdale agreement: power sharing body between Republicans + Unionists (Unionists didn’t want power sharing), so eventually abolished
- 1974: power sharing executive was established, but it collapsed due to a workers strike
Constitutional convention + Thatcher’s Northern Ireland Assembly-> unsuccessful, but led to
Why does Ireland have the system it has?
But Protestants want a set up they can dominate (their own parliament), Catholics want a different voting system, something that allows them a fair say
What is the history of Welsh Devolution?
- 1997: Labour calls a Welsh Referendum, result is For, with a majority of 6,721 (50.4% said yes, turnout was 50.2%)
- 1998: Government of Wales Act is passed
1999: The National Assembly for Wales meets for the first time (Not a Parliament, less powers, UK government still had sovreignity)
- 1998: Government of Wales Act is passed
Why did New Labour introduce so many constitutional reforms?
- Ensure support of constant reform fanatics Lib Dems, in case they don’t get an overall majority in the 1997 election
- Distinguish New Labour from Old Labour, who had been interested in working class rights, not individual rights
- Democratise, earn kudos, and make the UK look more modern
- Give more rights, Thatcher had taken rights to protest away in Criminal Justice Act 84, and from trade unions
Decentralise because it’s democratic and because Scots etc want it (and tend to vote for labour)
What was the result of the 1997 Welsh Devolution referendum?
- 51% voted for
- 49% voted against
- Turnout of about 50% (therefore only around 1/4 of the population voted for devolution)
What does the low turnout of the 1997 Welsh devolution referendum mean ?
Therefore fewer powers were devolved to Wales than to Scotland (due to a smaller demand)
What did the 1998 Government of Wales Act do?
- Set up elected Welsh National Assembly + Welsh Executive to be chosen from largest party in the assembly + headed by First Minister
- Assembly- no powers to make or pass primary laws, given no financial control-> Welsh government could run a number of services but couldn’t pass laws relating to those services
- Did have power to decide how to allocate funds it received from central government
What were the main areas of Welsh devolved government?
Main areas of devolved government to Wales included Health, Education, Local authority services, Public transport, Agriculture
Lack of means of raising finance from the Welsh Government, they relied on an annual grant from the UK government
What did the Government of Wales Act 2006 do?
- Small increase in devolved powers
- Offered further referendum to allow to people of Wales to approve further devolution
What led to the 2011 referendum?
Government of Wales Act 2006
What was the results for the 2011 referendum?
- 64% for further devolution
- 36% against
What is the Government of Wales Act 2014?
- Nationalist sentiment didn’t grow after the first stage of devolution
- Demands started to increase after 2010-> Lib Dem coalition government, keen on further decentralisation of power
- Fears that further devolution in Scotland would create too wide a gap between the devolved powers in Wales and Scotland
What did the Government of Wales 2014 lead to?
- Decided to hold a referendum in Wales to decide whether the government of Wales should have partial control of income tax
- Welsh government was granted control over various taxes including business taxes, stamp duty charged on property sales, landfill tax
- Government of Wales would have limited powers to borrow money on open markets to enable it to invest in major projects and housing
What did the Government of Wales Act 2017?
- Gave greater power to Welsh Government
- More autonomy in ‘governing competency’
- Removal of the provisions from Government of Wales Act 2014, to require devolution of taxation to be decided by referendum
- Confirmation of fiscal measures passed to the Welsh Assembly, including ability to vary income tax by 10p to the pound
- Greater freedom in borrowing
- Transfer of administrative and legislative responsability, including energy efficiency, onshore oil electricity production
- Creation of the Welsh Revenue Authority to collect Welsh-based taxes
Allowed Assembly to be further known as Welsh Parliament, came into force in 2020
How are powers distributed through devolutions in Unitary systems like the UK?
- The constitution rests on the Sovereignty of the Westminster Parliament
- Westminster can grant a devolved assembly or parliament to Scotland etc, but it can also repeal that Act
What is Devolution?
The transfer by the centre of powers to subordinate authorities (whether a ‘nation’ like Scotland, or region like London), whilst retaining sovereignty.
What was the Parliament in Scotland like before 1707?
Scotland had some ties with England but had its own parliament
What happened in 1707 between the Scottish Parliament and Westminster?
In 1707 Westminster persuaded the Scottish parliament to abolish itself and passed an Act of Union formalising that Scotland was now only a region of the United Kingdom, allocating Scots a certain number of seats in the Westminster parliament.
Why was the SNP (Scottish Nationalist Party) set up?
A feeling among some Scots that decisions were often taken without much regard for them and Scotland would be better off as a fully Independant country
How did the SNP get so strong in support?
The SNP got stronger from the 1970s partly because the discovery of North Sea Oil made them think Scotland could survive economically.
In the 1970s, Why did Scotland end up staying part of the UK + how did they balance the lack of control with more Powers to Scotland?
Westminster government gave Scotland quite generous grants through the ‘Barnett formula’ and most Scots thought Scotland would be better off staying in the UK. However they wanted their own parliament so they could have control of some issues like education and transport.
What happened between 1976-9?
A small group of Scottish MPs at Westminster persuaded the Labour government 1976-9, which had a very small majority, to pass a Bill promising Scotland devolution but only if in a majority more than 40% of the total Scottish electorate voted for it. The Yes side in the referendum did not reach that threshold and no Scottish Parliament was set up.
Why did Blair want/promise Scottish devolution in 1997?
· Scots had been even more alienated by Thatcher’s policies in 1980s such as Poll tax
· Most Scots voted Labour for Westminster elections but if Labour did not give them devolution they might turn to the (still small) SNP
· The Conservatives opposed devolution, and Labour wanted to show how distinct they were
Why is Decentralisation important?
Decentralisation is necessary because countries can only be classed as democratic if decisions are made close to the people who will be affected by them.
What was the reason for holding the 1997 Scottish Devolution referendum?
- Referendum held to gauge support for devolution
What did the 1997 Scottish Devolution referendum ask?
Asked if they wanted a Scottish Parliament with law making powers + if it could also have tax-varying powers
What was the result of the 1997 Scottish Devolution referendum ?
74% in favour, 60% turnout
What did the 1998 Scotland Act do?
Power over health service, education, roads + public transport, make criminal and civil law, policing, local authority services, vary the rate of income tax up or down by 3%
New electoral system= additional member system (government formed by largest party or coalition, first minister would be leader of the largest party
How large was the Scottish Parliament in 1998?
129 MPs
What happened between 1998-2007 in the Scottish government?
Labour was the majority but accused of incompetence and/or corruption
What is the state of the Scottish government from 2007- now?
From 2007 the SNP has either been a majority government or a minority government dependent on pro independence Greens (like now).
What did the SNP government convince David Cameron to do?
They persuaded UK PM David Cameron they should have permission to hold a referendum asking should Scotland become an Independent country. (2014 Indy Ref)
What were the results of the 2014 Indy Ref?
55% against
45% for
Showed Clear pressure and interest for greater devolution
What were the voting demographics in the 2014 Indy Ref?
Older people tend to vote against independence
Younger people are more inclined to vote for- SNP is keen to have a 2nd referendum
What were the party views in the 2014 Indy Ref?
2014: Both Conservative and Labour were against independence, Lib Dem were also against
Only in favour= SNP, Scottish Green Party
How did the UK government respond to the result of the 2014 Indy Ref?
Scotland Act 2016
What did the Scotland Act 2016 entail?
- Widen the areas the Scottish Parliament can pass laws
- Power over the regulation of the energy industry transferred in Scotland
- Control over range of welfare services including housing and disability
- Control half the receipts of VAT collected in Scotland
- Control over income tax rates + control over all receipts from income tax
- Control over air passenger duty + control over its revenue in Scotland airports
- Control over some business taxes
What does increasing Scotland Government powers more give to the UK parliament?
Gives them a lower chance of another referendum happening in the future
How did the Scottish people vote in the Brexit referendum 2016?
62% voted to remain in the EU
- Only way to stay is to become an independant
How did the UK vote in the Brexit referendum?
52% leave
48% remain
Why did Scotland vote differently to the rest of the UK in the Brexit referendum?
Scotland is more left than England
- Brexit may have been thought to control immigration
- Scottish people are more left leaning on issues like immigration
Scotland wants to trade with the EU
What was the effect on the Brexit (leave) result on Scottish politics?
Brexit strengthened support for SNP + independence
Nicola Sturgeon could call for another independence referendum
What happened post Brexit that shows further devolution shouldn’t happen?
SNP First Minister Nicola Sturgeon and the failure to get a second Indy referendum (UK Supreme Court 2022).
Why couldn’t Sturgeon organise a second referendum on leaving the EU herself?
Westminster is Sovereign parliament who has the power to hand out a referendum
Why should Scotland become independant?
The nation state
A proud history of independence
Logic of devolution + SNP
Liberation from England
Moving with the times
Scotland can stand on its own
Why shouldn’t Scotland become independant?
Scottish representation in Westminster
Independence is a minority view
Independant Scottish Pound would be inviable
Depleting oil reserves
2008 financial crash
Links to UK political unions and alliances
Why does the nation state mean Scotland should become independant?
Nation State- means Scotland wants to control its own political and legal destiny. Own culture, history and identity, democratic
Can only truly do that if its independent.
How does a Proud History of independence show Scotland should be independant?
- 1707, England + Scotland were legally united
- Previously, long history of conflict
- Scottish do not identify with the English
Always had independence with own legal and education system, they feel they aren’t the same country
How does the Logic of devolution + the SNP show Scotland should be independent?
- 2011 victory to SNP (pro independence) by Alex Salmond
- Since devolution elections in 1999, no party had won a majority until 2011
- The party have the authority to make Scotland independent
Independence is a logical extension of devolution, giving the elected government more powers
How does Liberation from England show Scotland should be independant?
- Westminster is too distant from the concerns of the Scottish people
- Ie Thatcher years, Scots felt economically and politically harmed by Conservative policies
- Lack of Tory MPs in Scotland, 14 years of Conservative government (doesn’t represent their political views, illegitimate)
Independence would give the country more confidence in their ability and potential
How does Moving through the times show Scotland should be independent?
- Throughout history, there are examples of country’s winning independence
Latvia, Lithuania, Finland, Iceland, Ireland
How does Scotland being able to stand up on its own show it should be independent?
- North sea oil and as reserves-> would give Scotland a budget surplus, instead of current deficit from Westminster
- Estimated 25% of Europe’s potential offshore wind and tidal energy
Sustains tourism industry, several of the best unis in Europe
- Estimated 25% of Europe’s potential offshore wind and tidal energy
How does the Scottish representation in Westminster show it shouldn’t be independent?
Scotland has a provided a large share of the Westminster political leadership over the past few years
- Prime ministers have been Scottish or Scottish-educated
- NOT underrepresented in Westminster
How does Scottish Independence being a minority view mean Scotland shouldn’t be independent?
Independence is a minority view
- 2010 general election, 19.9% scots voted for the SNP, 77.6% voted for parties against independence
- Around 1/3 want independence
How does an Independent Scottish pound being inviable mean Scotland shouldn’t be independent?
Independent Scottish pound would be inviable
- Scotland would have to launch their own currency or enter a currency union with partners
- High borrowing costs due to the small, illiquid nature of the scottish bond market
- Exports + overseas business would be damaged
- Sticking with the pound, Scotlajnd would have to accept the consequences of interest rate decision by the Bank of England with the English economy and market in mind
How does the Majority of the rich oil reserves being depleted show that Scotland shouldn’t be independent?
Majority of the rich oil reserves have depleted
- Much of the infrastructure will move to a costly and potentially polluting decommissioning phase
- Wouldn’t make more money than the Subsidy Scotland currently receives from Westminster
How does the 2008 financial crash show that Scotland shouldn’t be independent?
2008 financial crash, needed British government to bailout Scotland of over £60 billion, over 40% of Scotland’s GDP
- The country is not economically stable enough to be independant
How do global political alliances and trade links show that Scotland shouldn’t be independent?
Get seats at top global political unions and alliances such as the UN and NATO
- Would be unable to do that as an independant country
- Benefit from stability and power of being part of a larger entity
Why did New Labour introduce so many reforms?
1.Ensure support of constant reform fans Lib Dems in case no overall majority
2.Distinguish New Labour from Old Labour, who had been interested in working class rights not individual rights
3.Democratise, earn kudos and make UK look more modern
4.Give more rights, Thatcher had taken rights to protest away in Criminal Justice Act 84, and from trade unions
5.Decentralise because it is democratic and because Scots etc want it (and tend to vote Labour
What were democratising reforms between 1997-2010 in the Lords?
Most Lords still hereditary! Labour removed all but 92 with the 1999 House of Lords Act, therefore increasing the proportion of Lords who were life peers BUT failed to get to a second stage of reform where they introduced elected Lords.
What were democratising reforms between 1997-2010 in the Commons?
increased power of select committees introduced in 1979 to scrutinise each government department.
2004 paid the Chairs extra to boost their status.
By 2010 both members and Chairs elected, reducing powers of whips. Liaison Select Committee (all the chairs) interviews PM twice a year. 2010 Backbench Business Committee gives backbenchers some control over timetable
What were democratising reforms between 1997-2010 in the Judiciary?
Before 2005 Constitutional Reform Act UK fused branches to an unusual degree for a democracy eg top court consisted of 11 top judges called Law Lords sitting in legislature and the historic Lord Chancellor post was head of judiciary, ‘speaker’ in Lords and government minister advising on judicial policy. The CRA allowed Lord Chancellor to continue to be Minister. BUT created separate and independent Lords ‘speaker’ elected for five year terms by Lords, currently Lord McFall, and independent Judicial Appointments Commission to appoint judges. Also replaced law lords with independent Supreme Court, in own building, the Guildhall.
What were democratising reforms between 1997-2010 in terms of Electoral reform?
Half-hearted! Elections to devolved assemblies/parliaments and European parliament conducted using proportional representation BUT just a pointed a Commission, under Lord Jenkins, for Westminster Parliament electoral system. He recommended AV+ but New Labour ignored him!
Regulated elections more effectively with the Political Parties, Elections and Referendums Act 2000 (PPER)
What were Coalition government/Conservative government reforms 2010-2024?
2011 Fixed Term Parliaments Act attempted to remove PM power to call election whenever they wanted. Elections to take place exactly five years from the last unless 2/3 parliament voted for one. PMs managed to get early elections 2017 and 2019 because in both cases Labour didn’t want to look weak. The FTPs Act repealed in 2022!
House of Lords Reform Act 2014 peers can retire/if inactive forced to resign and another in 2015 can be removed for bad conduct
Recall of MPs Act 2015 10% constituents can petition if bad conduct eg Fiona Onasanya 2019
Why was there a growing demand for Devolution in Scotland?
1960s and 70s discovery North Sea Oil boosts economic case for independent Scotland; by 1997 election Scottish voters, who tend to be more ‘left’ anyway, so enraged by Conservative rule such as poll tax that not a single Tory MP in Scotland
Why was there a growing demand for Devolution in Wales?
growing demand for similar reasons as S (without oil!)
Why was there a growing demand for Devolution in Northern Ireland?
local gov’t and police etc dominated by Protestant majority – Troubles including mainland bombings becoming an embarrassment to UK reputation; some beginning to see power sharing form of devo as way to end it eg women’s peace movement, non sectarian Alliance party
How did New Labour aid devolution in Scotland?
1997 referendum result 70% yes to devolution of education, health, transport powers to new Scottish parl at Holyrood elected by PR form AMS 1999 (every 4 years). At first Labour ‘executive’, but by 2007 SNP effectively in government and has been ever since (although with pro independence Greens currently)
How did New Labour aid Devolution in Wales?
1997 result only 50.4% yes and weaker devo of powers eg ‘Assembly’ not ‘Parliament’. Assembly has tended to be Labour dominated. Also AMS.
How did New Labour aid Devolution in Northern Ireland?
NI Assembly set up with special power sharing constitution first election 1999. The ‘executive’ has to include reps of the two main parties; DUP and Sinn Fein. Suspended 2002-7, 2017-20 and again since 2022 Ass elections - in according to DUP because opposed to NI protocol (part of Brexit Withdrawal Agreement – for further details see Relations between branches KO topic)
What impact did New Labour devolution have on England?
Lab opposed to Eng Parl (they would be unlikely to have a majority); lukewarm attempt at NE ‘region’ referendum 2004 78% voted no on low turnout, BUT did intro elected London mayor and General Assembly
What devolution has occurred in Wales post 2010?
Following 2011 ref name, steady increase of powers (see key dates). High profile for popular current First Minister Mark Drakeford Labour
What devolution has occurred in Scotland post 2010?
Cameron campaigned hard for No 2014 Indyref which had over 80% turnout. Cons gov’ts repeatedly bocked SNP requests for second ref because Westminster has ‘reserved’ powers over constitutional policy (1998 Scotland Act). Despair at achieving route to (or majority in?) second ref one factor in SNP leader Sturgeon standing down 2023 (also financial scandal). Cons also blocked Gender Recognition Reform Bill on similar grounds, currently awaiting Supreme Court ruling. Both Lab and Cons hope for more seats next election if SNP collapses
What devolution has occurred in England post 2010?
Cons started English Votes for English Laws (EVEL at Westminster but abandoned during COVID as time consuming to demarcate laws, fears could undermine integrity UK. Extend elected mayors now 8 inc Greater Manchester, beacon ‘Northern powerhouse’/levelling up
Devolution Key Dates- what happened in the 16th century?
England exerted control over Wales first (Tudors)
Devolution Key Dates- what happened in the 1707?
1707 Act of Union Westminster abolished Scottish Parl and established ‘Great Britain’
Devolution Key Dates- what happened in the 1801?
1801 Act of Union did the same in Ireland (unpopular with many Catholic nationalists)
Devolution Key Dates- what happened in the 1922?
1922 Irish nationalists achieved independence for Republic of Ireland but forced to leave (Protestant dominated) N Ireland part of GB
Devolution Key Dates: what happened between 1968-98
1968-98 ‘Troubles’ civil rights movement by NI Catholics led by Sinn Fein/Irish Republican Army also includes paramilitary violence against British Army, ‘directly ruling’ NI from 1972
Devolution Key Dates: what happened in the 1960s?
1960s growth Scottish Nationalist Party wanting independence and Plaid Cymru (Welsh indy party)
Devolution Key Dates: what happened in 1998?
1998 Good Friday Agreement negotiated by Blair with help Americans; ceasefire (which has held for last 25 years) and then special power-sharing form of devo
Devolution Key Dates: what happened in 1997?
1997 Referendums in S, W and NI on whether they want devolution
Devolution Key Dates: what Acts were passed in 1998?
1998 Scotland Act – sets up S Parl
1998 Gov’t of Wales Act – sets up Welsh Ass
1998 NI Act – sets up NI Ass
Devolution Key Dates: what Acts were passed in 2011?
2011 Wales referendum set up by 2006 Gov’t of Wales Act 63% yes to more powers
Devolution Key Dates: what happened in 2014?
2014 Scottish independence referendum: Westminster authorises it; 55% No, 45% Yes
Devolution Key Dates: what happened in 2016?
2016 Referendum EU Populations of Scotland and NI vote to Remain
Devolution Key Dates: what act was passed in 2016?
2016 Cities & Local Gov’t Devolution Act
Devolution Key Dates: what act was passed in 2017?
2017 Gov’t Wales Act fiscal powers and name change to Parl (2020)
Devolution Key Dates: what happened in 2022?
2022 Sinn Fein largest party for first time in NI Ass
When did devolution have an increasing impact?
Slow start but accelerated post 2007 in Scotland and Wales.
What was the electoral impact of devolution?
PR AMS embedded in S, W and NI culture (latter STV system), so strengthens argument could be used at Westminster.
Pro independence SNP in power in SP since 2007. Also damaging Lab and Cons in Westminster (SNP gained peak 56 MPs 2010 election, currently 48) BUT less electoral impact from W where Plaid Cymru weak (only 3 MPs). Also less impact on Westminster from NI because NI parties have always had separate names from rest of UK (Unionist, Sinn Fein). Sinn Fein MPs never take their seats (won’t swear oath to monarch).
DUP had huge impact in propping up May’s post 2017 gov’t with ‘confidence and supply motion’ BUT again see above, because that could have happened pre devo.
What was the Constitutional impact of devolution?
Peace in NI!! Has strengthened rather than weakened Scottish independence?? Unresolved English dev. Added role to new SC. Some say a reformed Lords should be structured regionally
What was the policy impact of Devolution?
Wales and Scotland distinct ‘more strict’ COVID response
What laws do the different devolved bodies have on personal elderly care?
Scotland: Free personal elderly care
Wales: Some free personal elderly care
Northern Ireland + England: Limited free personal elderly care
What laws do the different devolved bodies have on tuition?
Scotland: No tuition fees (scottish unis)
Wales: Tuition fees capped at £6000
Northern Ireland + England: Higher cap, limited number grants
What laws do the different devolved bodies have on prescription charges?
Scotland: Prescriptions free
Wales: Prescriptions free under 25
Northern Ireland: Prescription free
England: Charge unless exempt
What do UK political parties feel about if Constitutional Reform has gone far enough?
Lib Dems not far enough, Lab just right or a little further, Cons too far
NL aims of democratise, decentralise/devolve, give rights
Are rights effectively constitutionally protected?
Stronger more independent SC protecting HRA BUT are rights protected enough in reality? Police Crime Sentencing and Courts Act 2022 erodes protest (X rebellion, Republicans on coronation day), Illegal Migration Act 2023 (aka ‘small boats’) erodes right to asylum, likely to be challenged by ECHR, some Conservatives argue we should withdraw from ECHR and/or repeal 1998 HRA and pass what would be a more flexible/less binding British Bill of Rights instead (they have one drafted). After controversial judgements such as against Johnson prorogation parliament prominent right-wing newspapers like Mail branded SC justices ‘traitors’. Home Sec Braverman campaign against ‘lefty lawyers’.
Do UK political parties feel electoral reform has gone far enough?
: Electoral reform: Many think PR would be the most significant reform to constitution and culture (see Component 1!), Lib Dems always in favour, Labour party conference voted for it but Starmer reluctant (scared of 2011 ref failure) Lords: more assertive now but 92 hereditaries unacceptable and should move to elected? Commons still weak when gov’t has large majority eg post 2019 election? Lab promising elected Lords. Wise?
Do UK political parties feel devolution has gone far enough?
Devolution: John Major initially opposed NL reforms because said would lead to break up UK and some Tories agree and fear any further concessions BUT has kept peace in NI and maybe SNP past its peak?
How do UK political parties feel about codifying the constitution?
Only Lib Dems/Unlock Democracy pressure group want new codified const, but Gordon Brown claims Labour partially codified it and would probably want to push Labour further.
Why are some parties against codifying the constitution?
Flexibility: uncodified means gov’ts can adapt quickly eg to national emergencies passing statue law by majority of 1 that reflects will of people eg post 9/11 legislation curbing individual rights to protect national security like Brown’s Terrorist Asset Freezing Act 2010
Strong gov’t: FPTP and fusion executive and legislature branches guarantees single party strong gov’t which can fulfil electoral mandate
Politicians not unelected judges: judges should be independent and neutral and kept out of politics, where elected politicians have a democratic mandate
Why are some parties For codifying the constitution?
There is a rule of law to follow that is harder to loophole around ie 2003 terrorism act Blair when laws go against the HRA, holds govt to account
How did successful Scottish and Welsh devolution impact England?
Raised the issue of West Lothian Question
- Where MPs from devolved areas such as Scotland , Wales and Northern Ireland sit in the House of Commons and are able to vote on issues that only affect England, whilst English MPs couldn’t vote on issues surrounding the devolved areas, ie education and healthcare
Ie only a result of Scottish MPs voting to increase student tuition fees to £3000 per year in 2002 that the measure passed, despite the fact it wouldn’t affect Scottish students
What is EVEL?
tool for preventing measures that a majority of English or English and Welsh MPs oppose being forced upon them. But doesn’t allow them to pass measures they want to see introduced, unless they can persuade Scottish MPs to support them
Who introduced EVEL?
2015 Conservatives
How did EVEL work?
- If the Speaker determined that a bill only concerned England, or England and Wales, the bill could be vetoed by a vote of MPs representing only those regions
- Didn’t ensure measures desired by a majority of English or English and Welsh MPs would be passed
Ie Extension to Sunday trading 2016: passed the EVEL stage but defeated by a vote of the whole chamber.
SNP: voted against, but Scotland already had longer Sunday trading hours and wouldn’t be directly affected by the bill
- Didn’t ensure measures desired by a majority of English or English and Welsh MPs would be passed
Was EVEL effective?
Didn’t work well, as debate on whether the bills affected the Scottish and the Welsh also
- Got rid of it during COVID
How did the 2010-15 Coalition government try to further English Devolution?
- Attempted to introduce directly elected mayors to major cities across England, modelled on London
- Parliament granted permission for the 12 largest cities in England to hold referendums on whether or not to have a directly elected Mayor (Doncaster voted on whether or not to retain their elected mayor)
9 major cities such as Birmingham and Manchester rejected the idea of spreading city-based devolution
- Parliament granted permission for the 12 largest cities in England to hold referendums on whether or not to have a directly elected Mayor (Doncaster voted on whether or not to retain their elected mayor)
How were combined authorities introduced across England?
- Areas where previously independant local councils within a metropolitan area (ie local councils of Greater Manchester) could combine resources and share services across a wider area to become more efficient and effective
More popular than cutting costs and provided economic incentive
How was the 2015 Conservative government committed to English Devolution?
- Committed to granting more autonomous powers to large cities to tackle longstanding issues of underperformance in England’s major cities, including housing, business, and transport issues
- October 2015: combined authorities would be allowed to keep all the revenue from business rates (local taxes levied in commercial businesses) rather than giving it to the general exchequer BUT only if they agreed to have a directly elected mayor who would be accountable and chair the authority
What is the 2016 Cities and Local Government Act?
○ Major step in devolved government in England
○ Would be decided by existing authorities not referendum + sizable economic incentive to adopt them
In 2021, 8 metro-mayors where combined authorities accepted the devolution deal and have elected mayors.
- Cambridgeshire, Greater Manchester, Liverpool City Region
Grown further than city-based devolution
30 year investment funds between £450 million to £1.1 billion
What were the plans for Greater Manchester?
30 year investment fund: £900 million
Education: apprenticeship grants for employers, advisory panels, Adult skills budget, Post-16 education, Oversight of skills
Housing: £30 million per year housing investment fund
Transport: Consolidated transport budget, Local roads network, Bus franchising, £243 million transforming cities fund
Health: Control of £6 billion health and social care budget
What is the single most largest constitutional reform in history?
Leaving the EU- most significant constitutional reform in history
Undid 47 years of EEC and EU legislation and changing Britain’s political, economic and international structures
Why was consensus that devolution wouldn’t work in England?
Lack of demand in England for devolved parliament
Impractical- England is too large to work as a devolved body within the UK, would dominate any national Parliament, so would effectively control both UK parliament and its own English Parliament
§ 84% of UK population
§ 95% of UK GDP’
Many traditionalists (ie Conservatives) feel Westminster is an English Parliament already, and further devolution with precipitate the break up of the UK- devolution could only occur on a regional or city based level
What was John Prescott’s wishes for English devolution?
- Wanted to devolve a similar amount of power to English regions as was being passed to Wales at the time
- Referendum was held in North East in 2004-> 78% against, 22% for, so idea was abandoned
What devolution option did the Coalition government give to local authorities?
Cities, towns are districts were given the opportunity to elect mayors following a local referendum
- But only few cities held a referendum and even fewer voted for an elected mayor
Local authorities were given the option to change to a ‘cabinet’ system of government
- Creation of a central cabinet of leading councillors from the dominant party or from a coalition-> who could take over central control of council work
- Make key decisions + set general policy
- Replace former system where council work was divided between several functional committees
- Elected mayors-> cabinet system take up is low
- Internal change doesn’t fix real problems of local government
○ Lack of autonomy from central government
○ Lack of accountability to local electorates
○ Low levels of public interest in local government and politics
How was policing going to be devolved?
Policing was to be devolved to local figures, by the creation of newly elected police crime commissioners (PCCs)
- Hopes that they would improve accountability for policing in local areas, but this hasn’t been the case
Turnout at commissioner elections has been low + many people are unaware who their local police commissioner is
What English devolution happened in 1985?
Greater London Council was abolished by the Conservative government (powerful local government body with wide powers and responsibilities)
- Thatcher was determined to remove what she saw as a socialist enclave at the centre of a Conservative Britain
What English devolution happened in 1997?
Labour created a devolved Greater London Assembly, wanting to restore government to London
- Election of a mayor with considerable executive power (elected mayors unheard of in British history)
What English Devolution happened in 2000?
referendum showed people of London approved the introductions of an elected mayor + assembly-> elections were held for the 2 institutions
- Legislations seemed to ensure neither would enjoy a significant amount of political power
What is the role of the Mayor of London?
- Controls allocations of funds for different uses in London
- Patronage: controls a variety of appointments
- Always faces obstruction for controversial measures: electoral system (AMS) (same as Scotland and Wales)
- Less powers than mayors of New York and Paris due to legislation
Involved in significant developments of London
How did a Mayor improve London?
- Improved community policing
- The growth in the arts scene
- Vastly improved public transport
What is the role of the London Assembly?
Assembly: 25 members
- Distribute and administer the funds
- Has power to veto the mayor’s budget and other proposals with a 2/3 majority
Power to veto patronage (checks and balances)
What is the arguement for cities being given more independent powers?
- Local democracy is closer to the people and therefore more accurately reflects their demands
- Local needs vary lots, so ‘one size fits all’ approach suggested by central government control is unrealistic
- UK as a whole is too ‘London centred’ so autonomous local government may boost local economies and more evenly spread wealth and economic development
Demonstrating local councils and mayors have significant powers will give a boost to local democracy
What is the arguement against cities being given more independent powers?
- Central control means all parts of the UK should receive the same range and quality of services
- Central control of finance will prevent irresponsible local government overspending
- Turnouts and local council and mayoral elections tend to be very low, so local government is not accountable enough
Danger that traditional unity of the UK might be jeopardised
What resistance was seen to EVEL?
- SNP has customarily not voted on England-only legislation, but EVEL formalised the custom into Law
- Created 2 classes of MP at Westminster (some prohibited with engaging with certain types of legislation)
- Defining an ‘English only law’ is difficult, some matters such as public spending commitments in certain areas of the UK could’ve had a much wider impact on the whole of the UK
Less than 1/3 of governments since 1945 have enjoyed support from sufficient numbers of England only MPs to form a majority-> EVEL bars governments from enacting many manifesto commitments, including those related to important areas such as health and education
Why would an English National Assembly not work?
New Labour never planned an English National Assembly or national parliament
- UK parliament is based in London, with a disproportionate size and influence of England within the Union-> English parliament would’ve likely challenged the power and authority of the UK parliament, potentially destabilising the political union of the UK
- Proposals for devolved power within England centred instead on making London responsible for a greater number of policy areas that affected the capital, especially transport, through the Mayor and GLA (greater London Authority)
- Around 85% of UK’s population lives in England-> more support for English regional responsibilities than an English national assembly (but plans were abandoned after 78% of voted in NE opposed the creation in a referendum)
- Plans for devolution in England were different to those in other regions-> different in all parliaments (Ie Scottish parliament have tax varying powers, Welsh assembly had no power to pass its own primary legislation, NI have cross party power sharing)
Why would a Federal structure in England not work?
- Creation would lead to tension between Authority and jurisdiction of UK parliament + English Assembly
- Unusual size and population imbalance between national territories within a possible UK federal structure is likely to pose severe challenges
- Recent polling data indicated a rise in support from English assembly, but support for the status quo remaining is higher
Settling on a Federal structure could provide clarity and coherence, but the dominance of England and the eventual disputes of jurisdiction, funding, cross national infrastructure and differing aims would prove to be distracting at a time of global complexity
What is the argument that English devolution has gone far enough?
- England is already powerful enough to not need its own parliament
- 9/12 major cities voted against having directly elected mayors (London, Greater Manchester, Bristol)
- Other parliaments aren’t fully devolved, so England doesn’t deserve a fully devolved parliament (partly influenced by Scotland Wales etc, basically same as parliament)
- Makes Westminster lack in
Got rid of EVEL, doesn’t work
What is the arguement that English Devolution hasn’t gone far enough?
More cities and counties can have mayors, can be held accountable
Ie Extension to Sunday trading 2016: passed the EVEL stage but defeated by a vote of the whole chamber.
SNP: voted against, but Scotland already had longer Sunday trading hours and wouldn’t be directly affected by the bill
What are the triple division powers in Northern Ireland?
- Westminster keeps control of excepted matters ie national security
- Northern Ireland Assembly has power over transferred matters ie education
- Also reserved matters (ie broadcasting), Westminster retains but could be devolved in certain circumstances
How is the NI party system unique?
- Main UK parties tend not to field candidates on elections
- Parties are mostly divided on unionist and nationalist lines
What is the history of the DUP?
- Founded in 1970
- Dominant unionist party in NI
- Won most votes in NI elections since 2003
- Campaigned to leave the EU in 2016
- Align with the Conservatives in Westminster-:> more right wing on issues such as abortion and LGBT rights
UUP= smaller rival
What is the history of Sinn Fein?
- Largest republican party since 2001
- MPs have never taken seats in Westminster, refusing to accept it as a legitimate government for NI
Used Northern Ireland’s majority vote for remaining in the EU to push for unification with the Republic of Ireland
- MPs have never taken seats in Westminster, refusing to accept it as a legitimate government for NI
What is the history of the SDLP?
- Was the largest republican party in NI until 2001
- Always rejected the use of violence in a pursuit of a united Ireland
Always takes its seats in Westminster
- Always rejected the use of violence in a pursuit of a united Ireland
What is the Alliance Party?
- Cross community party
Seen its vote shares increase
What is the NI Assembly designed to do?
to prevent dominance by either unionist or nationalist parties
- Cross community voting on Key Decisions ○ Parallel consent: a motion needs the support of half the MLAs in total + half the unionist and nationalist MLAs also ○ Weighted majority requires support from 60% total MLAs and at least 40% of unionists and nationalists - Petitions of concern ○ If any motions concern MLAs, a signature of 30 of the 90 MLAs can trigger a cross community vote
What are the successes of the NI assembly?
- Power sharing has made it harder for paramilitary groups to recruit more members-> police are more respected
- Reduced unemployment + increase in foreign investment
NI Assembly has a good record on private members’ bills, 34% become law whereas Westminster only 5%
- Reduced unemployment + increase in foreign investment
What are the failures of the NI assembly?
- Only period of extended devolved government was 2007-17-> tensions still rose, UUP left coalition in 2015
- Petition of concern has become a political tool and all major parties have expressed desire for change.
○ Used by DUP to block Sinn Fein amendments to welfare reforms in 2012
○ Used to block a proposal on same sex marriage in 2015, despite a majority of MLAs voting in favour - NI lags behind the Republic of Ireland + the rest of the UK on issues such as abortion + LGBT rights, due to sectarian disagreements
Concerns of oversight and corruption following the RHI scandal
- Petition of concern has become a political tool and all major parties have expressed desire for change.
What is the NI ‘Shared Executive’ ?
- First minister and deputy first minister must be leaders of the largest party within each designation block (nationalist or unionist), if one resigns the other ceases to hold office
- The executive committee is therefore an enforced coalition
- Meetings are chaired by the first and deputy first ministers, seeing unanimous decisions wherever possible, otherwise a majority vote is accepted
Voted from 30 ministers can trigger a cross- community vote on the issue ( a petition of concern)
How has conflict and suspension been managed since 1998?
since 1998, the assembly has been suspended 5 times, causing direct rule from Westminster to be reintroduced
- 11 Feb-30 May 2000
- 10 August 2001 (for 24 hours)
- 22 September 2001 (for 24 hours)
- 14 October 2002- 7 May 2007
- 9 January 2017-11 January 2020
Suspensions show conflict still happens, but now tends to be political not violent
What was the most recent suspension of the NI Assembly?
Most recent suspension over the Renewable Heat Incentive (RHI)
- Scheme overseen by Arlene Foster of DUP
- Designed to encourage the use of renewable energy by paying people a rate, but the rate was higher than the cost of fuel
- Businesses heated previously unheated structures to claim increased subsidies and enlarge their profits
- This scandal cost the public £500 million
Came to light in 2016 when Foster became first minister
- She refused to resign
- Martin McGuinness of Sinn Fein forced the issue by resigning as deputy first minister, forcing Foster to resign in accordance with power sharing rules
- Talks to restore a devolved power broke down, until 2020, when a power sharing coalition was re established
Is the NI Assembly a success?
- Depends in terms of comparison to how NI was before devolution, or to the devolution in Scotland, Wales
2019- DUP lost 2 seats to SDLP in election, nationalists and republican parties have a greater number of Westminster MPs than Unionist parties
What role do NI MPs have on Westminster?
- Important role in Westminster
Confidence and Supply Agreement- Theresa May negotiated with the DUP after the 2017 general election
How is NI funding a controversial topic ?
- 2016/17: NI resident enjoys 24% more public spending than a resident of England, but contributed 21 less through taxation
- Gained greater public attention when May’s deal with the DUP promised NI an extra £1 billion over 2 years
Tories and DUP were accused of a ‘grubby little deal’ by SNP
Why do issues arise when direct rule is returned to Westminster?
- Difficult to legislate with authority
- October 2019: Westminster decided to bring NI abortion and gay marriage laws in line with the rest of the UK, criticised by DUP- Difficult to get a NI perspective without a dissolved assembly
Brexit negotiations hinged on the future status of NI, but it wasn’t easy to get direction from a range of NI parties
- Difficult to get a NI perspective without a dissolved assembly
