Devolution

Question 1

Define ‘devolution’

Answer 1

A delegation of central government powers to an inferior political authority without relinquishing authority

Question 2

Which unions (and Acts of Parliament) formed the UK as it is today?

Answer 2

– Laws in Wales Act 1535 (England and Wales)
– Treaty of Union 1706 & Acts of Union 1707 (England/Wales and Scotland)
– Acts of Union 1800 (England, Wales, Scotland, Ireland)
– Anglo-Irish Treaty 1921 (established Irish Free State, now Republic of Ireland)

Question 3

On which matters is the Scottish Parliament not allowed to legislate?

Answer 3

Reserved matters:
– Foreign affairs
– Defence
– National security
– Fiscal, economic and monetary policy (but can set taxes)
– Immigration
– Telecommunications
– Broadcasting
– Abortion
– 'The Constitution'

Question 4

What was the effect of the Scotland Act 2012?

Answer 4

Changed the name from the Scottish Executive to the Scottish Government

Question 5

What was the effect of the Scotland Act 2016?

Answer 5

– Devolved further powers and greater financial responsibilities to Scottish Parliament
– Recognition of the Sewel Convention in legislation
– Declares that the Scottish Parliament and Government are ‘permanent’ institutions of the UK’s constitutional arrangements

Question 6

How can the Scottish Parliament be abolished?

Answer 6

By the decision of the people of Scotland voting in a referendum

Question 7

On which matters can the Welsh National Assembly legislate, according to the Government of Wales Act 1998?

Answer 7

– Education
– Health
– Housing
– Agriculture and fisheries
– Economic development
– Environment
– Social services
– Transport

Question 8

What was the effect of the Wales Act 2017?

Answer 8

Introduced the permanence principle for Welsh institutions

Question 9

On which matters can the Northern Ireland Assembly not legislate, according to the Northern Ireland Act 1998?

Answer 9

– Excepted matters (same as reserved matters in SA 1998)

– Reserved matters: policing and criminal justice

Question 10

Explain how Northern Ireland’s executive is ‘cross-party’

Answer 10

The First Minister and Deputy First Minister must be from different parties, preferable opposing parties

Question 11

Why is there some controversy about whether devolution in Northern Ireland is really devolution?

Answer 11

Devolution has been unilaterally suspended on four occasions in the past

Question 12

What happens if there is a conflict between an Act of Scottish Parliament and an Act of Parliament?

Answer 12

The UKSC will adjudicate the conflict and decide whether the Scottish Parliament is allowed to make that Act (e.g. Martin v HM Advocate)