Devolution

Question 1

What is a definition of devolution?

Answer 1

The transfer / delegation of power to a lower level, especially by central government to local or regional administration

( oxford university press)

Question 2

Why did devolution happen?

Answer 2

For better parliamentary legitimacy
For WP to understand the social needs of the other countries
More democratic accountability

Lack of representation
Lack of accountability/legitimacy
Lack of response to a specific issue within a specific nation

Question 3

What did WP pass following the Belfast agreement ?

Answer 3

Northern Ireland Act 1998

Question 4

How many members does the NI Assembly have and what are the main characteristics?

Answer 4

108 members( 6 from each of the 18 constituencies)
They are called members of the legislative assembly( MLAs)
Unicameral legislature

Question 5

How are NI MLAs elected?

Answer 5

Single Transferable vote- every 5 years.

( proportional representation

Question 6

What system does NI use for voting on laws involving important or controversial issues?

Answer 6

Cross- community support.
S4(5) NIA 1998 states
a) the support of majority of members voting. E.g. Majority of designated Nationalists voting and majority of designated Unionists voting.
b) 60% of members voting. 40% nationalists, 40% unionists.

Question 7

What is the NI government called and what are its characteristics?

Answer 7

The NI Executive
Led jointly by the First Minister and Deputy 1st minister( posts filled by opposing sides)
2 junior ministers
11 departmental ministers( chosen on prop representation of the parties using the d’hondt formula

Question 8

What is the d’hondt formula?

Answer 8

Under the formula, 1 minister ( the justice minister) is elected from the assembly on the basis of a cross - community vote.

Question 9

What type of devolved power model does NI have?

Answer 9

The NI assembly has a reserved power model.

Anything that is not reserved or excepted can be legislated on

Question 10

Which section of the NI Act 1998 challenges the assembly or executive if it is felt to have acted outside legislative competence?

Answer 10

It can be challenged under s10 of the NI Act 1998

Question 11

How are human rights embedded in the NI Act 1998?

Answer 11

As part of the Belfast agreement.
S24- provisions set out
S68-created the NI HR commission
S73-created the equality commission for NI
S75-provided protection for personal characteristics.

Question 12

Which Acts of parliament were abolished to form a single parliament involving Scotland and England.

Answer 12

English Parliaments union with Scotland Act 1706

Scottish parliaments union with England Act 1707

Question 13

What happened to Scotland following the 1997 referendum?

Answer 13

The Scotland Act 1998, establishing a Scottish Parliament with leg powers.

Question 14

What are the characteristics of the Scottish Parliament?

Answer 14

It has 129 MSPS ( members of the Scottish Parliament)
Elections held every 5 years
Elected through first past the post and the additional member system ( proportional Rep)

Question 15

How does the Scottish Parliament create laws?

Answer 15

Sect 28-36 SA 1998 sets out process
1 bills general principles discussed by parliamentary committee and a vote is taken in parliament
2 bill considered in detail by parliamentary committee
3 the bill is considered for a final time by parliament and rejected or passed but still needing royal assent

Question 16

What are the Scottish governments characteristics?

Answer 16

Has a first minister( elected by SP)
ministers appointed by the first minister
The Lord Advocate
Solicitor General for Scotland

Question 17

What model does the Scottish Parliament follow?

Answer 17

A reserved powers model
An area not reserved is deemed to be devolved
Set out in S5 Scotland Act 1998

Question 18

What was the Vow?

Answer 18

In the event of a no vote in the 2014 Scottish independence referendum, the three main U.K. Political parties pledged to increase Scottish powers.

Question 19

What did the Smith commission recommend?

Answer 19

Many of the recommendations were implemented into the 2016 SA.
They could set thresholds and rates if Income tax
Have control over half of vat
Transfer of welfare powers such as universal credit payments
Powers to set rules relating to benefits

Question 20

What was a key characteristic of the Scotland Act 2016?

Answer 20

S1 - highlights the permanence of the Scottish Parliament and Government. Therefore, it can only be abolished following a decision of the people of Scotland who vote in a referendum

Question 21

What is legislative competence?

Answer 21

That a Parliament cannot create laws on reserved matters of Westminster Parliament

Question 22

Why was the Martin( Sean) v HM Advocates and Millar ( Ross) v HM Advocate[ 2010] UKSC 10 important

Answer 22

It was the 1st case to consider legislative competence of SP to matters that were not convention rights.
? If Scotland had power to increase maximum sentence for certain driving offences. They could deal with justice but the RTA 1988 was reserved.
Supreme Court held that Scotland did have the power.

Question 23

What was the Welsh white paper called regarding Welsh devolution?

Answer 23

A voice for wales

Question 24

Following the referendum what did Westminster parliament pass?

Answer 24

The Government of Wales Act 1998

It established the Welsh assembly.

Question 25

How many members and how are the elected in the Welsh assembly?

Answer 25

There are 60 members. 40 constituency and 20 regional seats.
Unicameral
Members are elected through the additional member system
They are referred to as assembly members or AMs

Question 26

What type of powers model does wales have?

Answer 26

A conferred powers model

however the wales act 2017 has now made it a transferred model

Question 27

What year was the Richard Commission and what did it do?

Answer 27

2002, it reviewed the legislative powers and the Welsh assembly electoral arrangement. The report was published in 2004 and led to the wales Act 2006

Question 28

What changes were made in the Wales Act 2006?

Answer 28

It gave the assembly power to ask permission to create primary legislation on devolved issues through ‘ measures ‘
It separated the executive and legislature. Now National Assembly for wales and Welsh assembly government.

Question 29

What year was the silk commission and what did it suggest?

Answer 29

2012 report released 2014
That wales should have the same power model at NI and Scotland.
And looked at fiscal powers

Question 30

What Act was created following the silk commission ?

Answer 30

The Wales Act 2014

Question 31

What was the St Davids Day Agreement ( 2015)?

Answer 31

The main political parties in Wales met and agreed how to implement a reserved powers model.

Question 32

What is English votes for English laws?

Answer 32

It allows the speaker of the House of Commons power to determine whether a bill should pass through the Evel procedure

Question 33

What did the regional assemblies ( preparations) Act 2003 hope to achieve?

Answer 33

Allowed provision for referendums to take place to create regional assemblies in North East England, North West England and the Yorkshire and Humber region.
Wasn’t very popular !

Question 34

What was the West Lothian question?

Answer 34

An MP called Tam Dalyell from West Lothian questioned the unfairness of MPS from NI, Scotland and Wales voting on issues that only affected England. 1977

Question 35

What was the McKay commission 2013 about?

Answer 35

He argued that decisions at U.K level that are distinct to England should be taken by the majority consent of English MPS.