Devolution Flashcards
what is devolution?
Devolution is delegating power from the UK Parliament to specific regions of the country (Scotland, Wales and Northern Ireland)
It does not involve delegating sovereignty as power can be returned back to Parliament through a constitutional statute
what are the different types of devolution?
There are three main types of devolution…
1) Legislative devolution (Delegating power to make laws)
2) Administrative devolution (delegating power to carry out laws)
3) Financial devolution (delegating power to control taxes)
when were devolved bodies created for Scotland, Wales and Northern Ireland?
Devolved bodies were created for Scotland, Wales and Northern Ireland following referendums in 1997-98
Involved the transfer of certain powers over policy areas but Westminster still retains control over reserved powers which include defence and foreign policy
why were devolved bodies created in the UK?
1997 referendum in Scotland and Wales
To suppress nationalism in Scotland and Wales who were both seeking independence — Devolution was therefore a pragmatic measure to keep the UK united
Before 1997, Labour doubted that they would get a majority so discussed policy with the Liberal Democrats, who influenced their manifesto to include devolution — Labour included devolution in their manifesto to keep the Liberal Democrats on their side in the case of a coalition
To bring together the conflicting unionist and nationalist factions in Northern Ireland
Scottish Referendum (1997): what was the referendum held on?
Pre-legislative referendum — to indicate whether there was enough support for a devolved Scottish Parliament and whether Parliament should have control over taxes (a two question referendum)
Scottish Referendum (1997): what were the results?
60% turnout
74% in favour of a Scottish parliament
63% in favour of tax varying powers for the Scottish parliament
Scottish Referendum (1997): what were the different campaign sides?
The yes campaign was ‘Scotland FORward’ Which was supported by the Scottish Labour Party, SNP, Lib Dems and Scottish Green party
The no campaign was ‘Think Twice’ Which was supported by the Conservatives
Scottish Referendum (1997): what did the Scotland Act set out?
The Scotland act 1998 created the Scottish parliament
It also set out how MSPs should be elected, laid out the legislative process and devolved all powers except those that are ‘reserved’ For Westminster
Also said that the UK Parliament continued to have power to legislate on Scotland, thus not undermining Parliamentary sovereignty
Nationalism continued to grow in Scotland and eventually accumulated in the 2014 independence referendum
Welsh Referendum 1997: when and why was the referendum held?
held one week after the Scottish referendum — some argue this was a knock-on effect and the result of Wales wanting to keep up with Scotland
Although demand for devolution in Wales was always weaker and the Welsh Assembly did not gain comparable powers to those of the Scottish parliament
Welsh Referendum 1997: what were the results?
50% turnout
50.3% voted yes to devolution (Very small majority, only 6721 votes difference)
Welsh Referendum 1997: what were the different sides of the campaign?
The yes campaign was called ‘Yes for Wales’ and was supported by the Lib Dems and Labour and Plaid Cymru As well as grassroots group support such as ‘Pensioners Say Yes’
The no campaign was called ‘Just Say No’ and was headed by the Conservatives
Welsh Referendum 1997: what were the stages that power was granted to the Welsh Assembly?
The Government of Wales Act 1998 established the Welsh Assembly
Since the referendum, The assembly has been able to pass laws in all 20 devolved areas
The Government of Wales 2014 act gave the Welsh assembly control over taxes such as business tax
In 2015 the assembly was given control of some income tax
This was a piecemeal approach to devolution, growing powers gradually
Northern Ireland devolution
the devolution Settlement was part of a wider attempt to resolve conflict between loyalists (largely Protestant) and Republican (largely catholic) communities
The Good Friday agreement also known as the Belfast agreement restored Northern Ireland’s devolved powers that had been removed in 1972
what are reserved powers?
Reserved powers are powers that are not devolved, only Westminster has these powers
Reserved powers are not granted to devolved bodies because these powers indicate a fully fledged Independent state and the purpose of devolution is to keep all four regions in the UK
Reserved powers include... • Foreign policy • Defence and national security • Immigration and citizenship • Relations with Europe • Tax policies (although the Scottish parliament gained power over taxes and the ability to set tax rates were devolved to Scotland) • The Constitution • Welfare benefits • Trade, currency and interest rates
what is asymmetrical devolution?
Asymmetrical devolution means that not every region in the UK has been given the same powers
for example, Scotland can make legislation but Wales can only amend in certain areas
Scotland can also vary the basic rate of income tax but Wales is dependent on funding from central government
these varying powers of different regions in the UK can cause conflict — Nationalism has not declined, if anything it has increased because not every region has similar powers
what is the West Lothian question?
The West Lothian question is an issue with devolution
It essentially asks whether powers should be devolved to England — This has arguably been somewhat/partly tackled via EVEL (English votes for English laws)
Scottish MPs at Westminster could vote on purely English issues but English MPs have no influence in the Scottish parliament
Furthermore the Barnett formula determines funds for public spending for each region but means that Scotland Wales and Northern Ireland receive more spending per head than England, so should England have its own devolved body?
The 1997 to 2010 Labour government did not answer this question, it abandoned attempts to set up regional assemblies in England after public opinion decisively rejected it in 2004
2014 Scottish independence referendum
The 2014 Scottish independence referendum had an 84% turnout
45% voted yes and 55% voted no
In the Scotland act 2016 the Scottish parliament was given control over its own electoral system
has devolution been positive for the UK?
YES
Strengthens democracy and gives more opportunities for people to engage in democracy
There has been peace in Northern Ireland after 30 years of violence and no major disputes
Workload of Westminster has been reduced and dispersed
Proportional voting systems in Northern Ireland Scotland and Wales give a voice to smaller parties
Revival of Welsh culture and language
Policy divergence, which refers to the ability to adjust to local concerns
has devolution been positive for the UK?
NO
use of referendums (criticisms of referendums)
Not enough ’Britishness’, not enough focus on the benefits for Britain, growing divides between the regions in regards to national identity — however most still feel British to some degree
England has no distinct representation of its own (West Lothian question has only been partially solved)
Nationalist parties such as Plaid Cymru and the SNP Have grown in significance since the respective referendums and both regions have seen a growth of nationalism and desire for independence
Pressure groups increasingly work with devolved assemblies
Impact of asymmetrical devolution — Piecemeal (power is given over time, not well thought out), rising nationalism, policy divergence (undermines the idea of common rights and a common welfare system), unequal treatment
Blair’s reforms: POSITIVES
Took steps to strengthen democracy e.g. devolution engages more people in democracy
Judiciary and government are now separate, giving a greater protection of human rights
Devolution has helped to retain fragile peace in Northern Ireland after 30 years of violence
Freedom of information act has allowed for more scrutiny of the government as well as other public bodies
Blair’s reforms: NEGATIVES
Appetite for greater independence was created due to devolution
Lack of enthusiasm for constitutional reforms and certain commitments have been abandoned — e.g. failure to hold promised referendum on electoral system, not moving forward with stage two of House of Lords reform
Reforms were piecemeal — Individual problems were tackled with individual solutions, no clear or well thought out plan, approach or goal
Reforms did not address the problems — Such as the problem of elective dictatorship which is arguably the biggest weakness in the UK constitution, there was also no attempt to seriously address the issue of the voting system that may enable elective dictatorships
Possibly carried out for labours own gain (e.g. not hold a referendum on the voting system as it already favours labour)
House of Lords remains undemocratic and unelected, it has only been partially reformed
devolved bodies in the UK: ENGLAND
what is the current system in England?
More extensive change has taken place in Scotland Wales and Northern Ireland
There is a two tier system; county and borough councils + lower level district councils
In the 1990s, some areas moved to a single tier of local government known as ‘unitary authorities’
London has a single authority known as the Greater London Council, so does the West Midlands and Greater Manchester — These bodies gained a reputation for high spending and were abolished by Thatcher in 1986
devolved bodies in the UK: ENGLAND
what did the Blair government create in 2000?
The Blair government created 2 new institutions in 2000; an elected mayor with executive powers supported by the Greater London assembly
They share oversight on policy areas such as policing, transport and economic development
Ken Livingstone was the first Mayor of London and introduced a congestion charge for drivers entering central London in response to increased traffic and air pollution
In 2015, 16 other areas had adopted the same elected mayor model as London
devolved bodies in the UK: ENGLAND
what were regional development agencies?
unelected Regional Development Agencies were set up by Blair to promote economic development on behalf of central government
The coalition abolished the RDAs and created ‘metro mayors’ in city regions such as Liverpool and Sheffield — Powers of Metro Mayers include developing economic growth strategy and making policy on housing, skills and transport
The creation of Metro Mayers was a plan to drive regional growth via improve transport links and investment in science and innovation
devolved bodies in the UK: ENGLAND
has there been any progress in creating an English parliament?
However an attempt to create elected regional assemblies in England failed to win support
only one referendum was held on this issue and this was in the north-east but it was heavily defeated (78% voted no in 2004) — People did not want an additional and possibly expensive layer of bureaucracy with few powers to make any real difference
there is Discussion of an English parliament but there is little support for this in either the public and the political parties
EVEL partly answers the question of English devolution
There is no serious political demands for England to have the same constitutional arrangements as Scotland
devolved bodies in the UK: SCOTLAND
when was the Scottish parliament set up and why? what is the Scottish parliament made up of?
A Scottish parliament was set up in Edinburgh in 1999
There is strong nationalism in Scotland so Scotland has received the most powers, although this is also because it has a history of existing as a separate state and already has distinctive institutions (e.g. different legal and educational systems)
The Scottish parliament is made up of 129 MSPs elected every four years using AMS
the Scottish parliament scrutinises the Scottish government
The head of government is called the first Minister which is currently Nicola Sturgeon (leader of the SNP)
devolved bodies in the UK: SCOTLAND
what are the main devolved powers of the Scottish Parliament?
The main devolved powers of Scottish parliament (The Scottish government devises and implements policy on these matters and proposes an annual budget to Scottish parliament)…
- Education
- Housing
- Economic development
- Health and social services
- Justice
- Tourism
- Police and fire services
- Local government
- Agriculture, fisheries and forestries
- Some transport policy
- Can vary income tax by 3p above or below the UK rate (although this has never been used)
- Environment and planning
devolved bodies in the UK: SCOTLAND
what are some examples of the Scottish Parliament using devolved powers?
Examples of the use of devolved powers in Scotland…
- Scottish students do not have to pay university fees
- Free nursing care for the elderly
- Ended the right of council tenants to buy their homes in 2016, something that had been started across the UK by Thatcher in 1980
devolved bodies in the UK: SCOTLAND
what additional powers have been granted to the Scottish Parliament since 2012?
Additional powers granted by Calman Commission in 2012…
- Taxation powers (ability to set a Scottish income tax rate, control of stamp duty and landfill tax)
- Borrowing powers
- Regulation of air weapons
- Drink-driving alcohol limits
devolved bodies in the UK: SCOTLAND
what did the Scottish independence referendum lead to?
2014 independence referendum led to further powers been transferred in 2015 and 16
Scotland can now control air passenger duty, licensing of onshore oil and gas and some welfare benefits (a previously reserved power)
Scottish parliament now has control over taxation representing 36% of devolved expenditure, it was less than 10% when first established
devolved bodies in the UK: WALES
what is Wales more concerned with than Scotland?
there is weaker nationalism in Wales than Scotland
Wales is more concerned with protecting Welsh culture and identity instead of becoming independent
devolved bodies in the UK: WALES
when was the Welsh Assembly established? what is the Welsh Assembly made up of?
The Welsh assembly was set up in Cardiff in 1999
There are 60 members in the Welsh assembly known as AMs (Assembly Members) who are elected using AMS — The Welsh assembly is much smaller than the Scottish parliament
The Welsh assembly represents the Welsh people, makes laws on devolved areas and holds the Welsh government to account
The first minister heads the government (currently Carwyn Jones, leader of a minority Welsh Labour party)
In 2006 the Welsh government and Welsh assembly separated
devolved bodies in the UK: WALES
what devolved areas does the Welsh Assembly have?
Devolved areas include education, training, economic development, housing, health and culture
The Welsh assembly does not have powers over police, justice, income tax or borrowing like the Scottish Parliament does
It has 20 devolved powers in total and can pass laws in these areas without regard to the UK government (this has been in place since the 2011 referendum)
devolved bodies in the UK: NORTHERN IRELAND
when and why was devolution in Northern Ireland established?
Devolution in Northern Ireland was established following the 1998 Good Friday agreement
The formation of a power-sharing government is critical in maintaining peace and bringing the two communities together and ensuring both the unionists (who want to stay in the UK) and Nationalists (who advocate for united Irish independence) are represented equally
Northern Ireland faces different issues to Scotland and Wales due to its background of violent political divisions between unionist and nationalist factions and communities — The period of prolonged conflict from the late 1960s to 1990s, known as ‘the troubles’
This conflict relates to religious tension — Unionists are linked to Protestants and Nationalists are linked to Catholics
devolved bodies in the UK: NORTHERN IRELAND
what has the process of devolution been in Northern Ireland?
The process of devolution has been uneven in Northern Ireland
The UK government has suspended the Northern Ireland assembly more than once following breakdowns of trust between the two groups, including a five year suspension from 2002 to 2007
devolved bodies in the UK: NORTHERN IRELAND
what is the Northern Ireland Assembly made up of?
the Northern Ireland assembly is located in Belfast
Contains 90 MLAs (Members of the Legislative Assembly) that are elected by STV
The executive is headed by the first Minister and a deputy first Minister
STV is a highly proportional system ensuring that both sides are represented rather than one group dominating, this creates a power-sharing government
seats are allocated in proportion to the parties’ strength in the assembly
devolved bodies in the UK: NORTHERN IRELAND
what matters can the Northern Ireland Assembly legislate on?
The Northern Ireland assembly legislates on devolved areas such as education, transport, justice, welfare and pensions
There are also a number of devolved areas that usually belong to Westminster (reserved powers) but on which the Northern Ireland assembly can legislate, this includes financial services, broadcasting and firearms
The Northern Ireland assembly can legislate on these matters with the consent of the Northern Ireland secretary, who is a member of the cabinet in Westminster
what is the current state of devolution and devolved powers?
Westminster largely retains control of reserved powers which includes defence, foreign policy, constitutional matters, welfare benefits, trade, currency and interest rates
These powers were not given to Scotland, Wales and Northern Ireland as they indicate a fully fledged independent state and the purpose of devolution is to keep the four nations within the UK
should there be devolution to England?
YES
England is the most prosperous and heavily populated part of the UK yet the only one without a devolved body of its own, which seems very illogical
A federal solution would promote greater equality and uniformity between different parts of the UK
EVEL does not really resolve the West Lothian question so therefore devolution is needed especially since EVEL weakens the unity of the UK by making Scottish MPs second class representatives at Westminster
should there be devolution to England?
YES
Devolution has already led to policies that meet the differing needs of the different regions, it would work for England too
That is strong regional identity in some parts of the UK such as Cornwall so these could be the basis of regional assemblies which could coordinate local policies
Would address the rise of English nationalism especially in light of the Brexit referendum
Under the Barnett formula, England receives less public spending than other regions in the UK
should there be devolution to England?
NO
England’s size and wealth (84% of the UK population) would mean that it would dominate a federal structure if it becomes devolved which seems unfair as England would dominate hugely — Scotland already feels tyrannised by the English majority over Brexit, further domination might cause the break up of the UK
EVEL has been successfully used in Westminster to pass a housing bill in 2016, it has not resulted in the breakup of the UK so why change it? May have resolved the West Lothian question
Most English people do not make a distinction between England and Britain as a whole, seeing Westminster as their parliament, therefore there is no need for devolution
Arguably a separate English government could clash with the UK government on domestic English issues, there is no place for an English government in Westminster Especially since many already see Westminster as the english government
should there be devolution to England?
NO
There is not a strong enough sense of identity across the UK for there to be viable regional assemblies as seen in the defeat of Blair’s 2004 proposals for English devolution
The West Lothian question is not a major problem, there are only 59 Scottish MPs in Westminster so they can only alter the outcome if there is also significant support from English or Welsh MPs, EVEL has tackled the WL question enough
devolution to England would divide the UK rather than strengthen it because devolution was created to give regions a chance to administer their own affairs as they lack sufficient power in parliament, English MPs do not face this problem due to the overwhelming majority they have in Westminster, so devolution would simply result in further domination by the English
Would undermine Parliamentary sovereignty if even more powers are given away to England, they would have little authority
