DEVOLUTION 2: THE TERRITORIAL CONSTITUTION

Question 1

conferred powers model

Answer 1

Can legislate over listed (conferred) powers only
Gov of wales act 2006 (prior to amendment by wales act 2017)

Question 2

reserved powers model

Answer 2

Can legislate over any matter except for what has been reserved for Westminster Parliament/UK gov
Scotland act 1988
NI Act 1998 (slightly modified model)
Wales since Wales Act 2017 came into force

Question 3

legislative competence

Answer 3

the areas where devolved parliaments have powers to create legislation

Question 4

Wales Act 2017:

Answer 4

Amends the gov of wales act 2006 to move wales to a reserved powers model
Allowed the national assembly for wales to be renamed Senedd Cyru (Welsh Parliament)
Reserved powers model: can legislate on anything except for what is reserved to the UK parliament
s108A and Schedules 7A and 7B gov of wales act 2006
Similar to scotland
Criticsed as having a long list of reserved matters that means that the national assembly will have reduced rather than more powers
Unity of england and wales jurisdiction means powers are more restricted
Unique structure of having 2 legislatures and governments within 1 jurisdiction
In force since april 2018

Question 5

reserved powers - schedule 7A: general reservations

Answer 5

The constitution
Political parties
Foreign affairs
Public service
Defence
Legal jurisdiction of england and wales

Question 5

reserved powers - schedule 7A: specific reservations

Answer 5

Financial and economic matters (currency)
Home affairs (misuse of drugs, immigration)
Trade and industry (insolvency, intellectual property)
Energy (nuclear)
Transpower (road, rail etc)
Social security (child support)
Professions (architects, health professions)
Employment (health and safety)
Health, safety and medicines (abortion)
Media and culture and sport (broadcasting)
Justice
Land and agricultural assets
Miscellaneous

Question 6

reserved powers model in scotland

Answer 6

S28-29 and Schedule 5 scotland act 1998
Enhanced powers: scotland act 2012 (taxation) and Scotland act 2016 (welfare)
Widest range of powers
‘Most powerful devolved parliament in the world’ - david cameron

Question 7

reserved powers model in NI

Answer 7

S5-6 NI act 1998
Adjusted reserved powers model
Schedule 2: excepted matters (cannot be transferred)
The crown and matters related to the crown
UK parliament
Defence and arms
Schedule 3: reserved matters (may be transferred in future)
2010: transferred matters over policing and criminal justice
Anything else are transferred matters (within legislative competence of NI assembly

Question 8

IB:

Answer 8

• asymmetrical devolution in UK
• constitutional reform has been ad-hoc and piecemeal
• no consistent principled approach to devolution within the UK constitution
• different types of models: conferred and reserved
• reserved power model more robust and sustainable
• UK parliament still legislates regularly on devolved matters too (Sewel Convention)

Question 9

implications for PS

Answer 9

• legal PS is retained
• important political restrictions imposed on parliament which could politically bind future parliament