Devolution

Question 1

1998 Scottish Act

devolved powers

Answer 1

Gives the Scottish Parliament primary legislative powers in a range of policy areas, including:
law and order
health
education
transport
the environment
economic development.
Westminster no longer makes laws on these matters.
Also gave the Scottish Parliament tax-varying powers- it could raise or lower the rate of income tax in Scotland by up to 3%

Question 2

The Scotland Act 2012- tax

devolved powers

Answer 2

Gave the Scottish Parliament to set a Scottish rate of income tax higher or lower than that in the rest of the UK, from 2016 onwards

Question 3

The Scotland Act of 2016

devolved powers

Answer 3

Devolved control of income tax rates and bands.
Gave the Scottish Parliament 50% of the VAT revenue raised in Scotland. This give the Scottish Parliament control of around 15 billion pounds. The block grant from the UK treasury will be reduced as Scotland raises more of its own revenue.

Question 4

Limits of the Scotland Act of 1998 (reserved powers)

Answer 4

defence and national security
economic and financial systems
 common market
 social security
 immigration

Question 5

Scotland Act 2016 (reserved powers)

Answer 5

Ensured that Westminster will not legislate on devolved matters without consent.

Scottish Parliament and government are a permanent part of the constitution.

Scottish Parliament can’t be abolished unless approved by referendum.

Question 6

What did the 2014 independence referendum, want?

Answer 6

They wanted an independent Scotland in ‘personal union’ with the UK.
Retain queen as head of state
keep pound in currency union with the UK.
Wanted responsibility for welfare, economy, defence etc.
Wanted a written constitution.

Question 7

What were the results of the 2014 Scottish referendum?

Answer 7

Most deprived areas voted yes; the people who identified as ‘Scottish not British’ and ‘more Scottish than British.’
People who considered themselves equally British and Scottish or more British than Scottish voted no.

Question 8

Wales Act 2014

Answer 8

Elections were initially held every 4 years but this was extended to every 5 years.

Put into place the first tranche of Silk’s proposals by devolving control of landfill tax (environmental tax) and stamp duty

Question 9

Wales Act 2017

Answer 9

Enjoys primary legislative powers, moved to a system of reserved powers similar to that in Scotland.

Question 10

The government of Wales act 2006

Answer 10

enabled the assembly to ask for further powers to be transferred from Westminster
Allowed it to gain primary legislative powers if approved in a referendum.

Question 11

The 2011 Welsh referendum results

Answer 11

64% yes vote. This confirmed that devolution was the preferred constitutional option for Welsh voters but support for independence is much lower than in Scotland- around 10%.

Question 12

Government of Wales Act 1998

Answer 12

The assembly duly gained the power to make primary legislation in the existing 20 devolved areas- including education, health transport, the environment and economic development.

Question 13

The Wales Act 2017

Answer 13

The Act will allow Wales to gain a portion of the tax (10p in the pound) and at the same time remove the need for a referendum in order to do this.
Established the assembly and Welsh government as a permanent feature of the UK constitution.
If 2/3 of the members agree, the assembly will be able to rename itself the ‘Welsh Parliament.’

Question 14

Communal conflict

A reason why politics and government differ in Northern Ireland, than anywhere else in the UK

Answer 14

The main political divide in Northern Ireland is that between unionists (Supports Northern Ireland being a part of the UK.) and nationalists (favour a united Ireland)
Unionists=Protestant
Nationalists=Catholic- make up 45% of the population IN 2011.

Question 15

Distinctive party system

A reason why politics and government differ in Northern Ireland, than anywhere else in the UK

Answer 15

Elections are contested between unionist and nationlist parties and the main electoral issue is the constitutional status of Northern Ireland. The main UK parties tend not to field candidates in Northern Irish elections.

Question 16

Security

A reason why politics and government differ in Northern Ireland, than anywhere else in the UK

Answer 16

Terrorist campaigns by republican and loyalist paramilitary organisations killed more than 3,600 people during the Troubles and British soldiers patrolled the streets for several decades. The Irish republican army (IRA) has adhered to a ceasefire since 1995 but breakaway republican groups remain active.

Question 17

Separate system of government (policies and government in Northern Ireland that differ from elsewhere in the UK)

Answer 17

Northern Ireland has been governed differently for the rest of the UK:
Between 1922 and 1972, it was the only part of the UK to have its own Parliament.
Then under the direct rule, the secretary of state for Northern Ireland had significant policy-making powers. Devolution in Northern Ireland is also distinctive as it is designed so that unionist and nationlist parties share power.

Question 18

What is the 1998 Good Friday Agreement?

Answer 18

It established power sharing devolution and required the UK and Irish governments to amend their constitutions to clarify the status of Northern Ireland

Question 19

Who is the Northern Ireland executive run by?

Answer 19

It is led by a first minister and deputy first minister. The first minister is the leader of the largest party in the assembly, and the deputy first minister is from the second largest party

Question 20

What does the Good Friday agreement ensure?

Answer 20

Power sharing, with both unionist and nationalists represented in government

Question 21

Who became first minister in 2016?

Who became deputy first minister from 2007-2017.?

Answer 21

Arlene Foster

Sinn Fein Martin McGuiness.

Question 22

What was the result of devolution in 2017?

Answer 22

Devolution remains the preferred constitutional choice of a majority of voters in Northern Ireland.
However the Assembly collapsed in 2017 when disputes between the Democratic Unionist Party (DUP) and Sinn Fein saw the latter refuse to nominate a new deputy first minister. Fresh elections to the Assembly were held, but agreement on a power-sharing executive had not been reached ahead of the UK election.

Question 23

What are the arguments in favour of an English Parliament?

What are the arguments against the creation of an English parliament?

Answer 23

• Complete devolution within the UK, and resolve the English Question, by giving England its own Parliament.
• It would create a more coherent system of devolution, with a federal UK parliament and government responsible for UK-wide issues rather than at present, these combined with English issues
• It would give political and institutional expression to English identity and interests
• It would create an additional later of government and create tensions between the UK government and an English Parliament and government
• ‘Devolution all round’ would not create a coherent and equitable system because England is much bigger than the other nations of the Union
• There is only limited support in England for an English Parliament

Question 24

What are local authorities responsible for?

Answer 24

Education
Social services
Housing
Roads and public transport
Planning
Environmental health 
Leisure services

Question 25

What is the West Lothian question?

Answer 25

This asks whether Scottish, Welsh or Northern Irish MPs have the same right to vote at Westminster as English MPs on matters concerning England, while English MP’s cannot vote on matters affecting only the devolved assemblies.

Question 26

What are the two examples in which legislation on English issues would not have come into force without the support of MPs representing Scottish constituencies?

Answer 26

Two of these arose in 2003-2004, when legislation on foundation hospitals and university tuition fees in England would not have passed without the votes of Labour Scottish MPs. These MPs argued that the bills included clauses relating to Scotland and the changes to public spending in England would affect spending in Scotland.

Question 27

What are the problems with EVEL?

Answer 27

• Opponents of EVEl, claim that determining the territorial extent of bills will be problematic, particularly as decisions on public spending in England may affect funding in the rest of the UK.
• They also argue that it creates different classes of MPs.
• EVEL would also make it more difficult for a government with a small parliamentary majority to deliver its manifesto commitments.

Question 28

What are the arguments in favour of devolution to the English regions?

What are the arguments against the creation of regional assemblies?

Answer 28

• It would bring decision making closer to the people and address the differing interests of the English regions
• It would create a more balanced devolution settlement within the UK because England is too large to have its own Parliament
• It would enhance democracy as regional assemblies would take over the function of unelected quangos (a quasi-autonomous non-governmental organisation; an unelected public body responsible for the funding or regulation of an area of public policy.)
• Areas such as Cornwall, Yorkshire and the northeast have a strong sense of regional identity.
• Regional assemblies could act A catalyst for economic and cultural regeneration.
• Few areas of England have a strong sense of regional identity
• It would break up England and fail to provide expression for English interests and identity
• There would be tension between regional and local government
• Regional assemblies would be dominated by urban rather than rural interests
• There is little public support for creating a regional layer of government in England

Question 29

How do local authorities raise revenue?

Answer 29

• Grants from the central governments

- Council tax and local tax is their main income

Question 30

What is a quasi-federal state?

Answer 30

It has some federal characteristics but retains some of the features of a unitary state

Question 31

What are the main features of quasi-federalism?

Answer 31

Limited parliamentary sovereignty- Westminster remains sovereign because it can overrule or abolish the devolved bodies. In practice however, Westminster is no longer sovereign over domestic matters in Scotland, Wales and Northern Ireland.

Westminster has accepted that it will not impose legislation in devolved areas.

The Scotland Act2016 established in statute that Westminster cannot legislate on devolved areas without consent, and recognised that the devolved institutions are permanent features of the UK’s constitutional landscape.

It also restrains Parliamentary sovereignty by stating that devolution can only be overturned by a referendum.

Quasi-federal parliament- Westminster operates as an English Parliament in the sense that it makes domestic law in England but is a federal parliament for Scotland, Wales and Northern Ireland, because it retains reserved powers on major UK-wide matters.

MPs from Scotland, Wales and Northern Ireland have few constituency responsibilities and deal mainly with economic and foreign affairs issues in the HOC.

Joint ministerial committee- UK ministers and their counterparts from the devolved administrations meet here to consider non-devolved matters which impinge on devolved issues (e.g Brexit) and resolve disputes. The UK government is the lead player.

Question 32

Where is policy divergence (policy that differs to UK govt of England) evident?

Answer 32

In health and education before devolution and became more pronounced since.

The Scottish Parliament’s new powers of tax and spending raise the prospect of further divergence within the UK welfare state

Question 33

Why is policy divergence beneficial?

What are the disadvantages of Policy divergence?

Answer 33

Policy differences may be regarded as positive because the devolved institutions have responded to the concerns of their electorate. Policies such as the ban on smoking in public places in Scotland and changes for using plastic shopping bags in Wales were taken up subsequently by other governments.

However the divergence may also undermine the principle of equal rights for UK citizens. Northern Ireland is the only part of the UK where same-sex marriage remains illegal.

Question 34

Examples of policy divergence in health and education in 2016

Answer 34

1. Tuition fees
   - England- Tuition fees- £9,250
   - Scotland- no fees at scottish universities
   - Wales- Tuition fees grant for students from Wales studying in Wales or the rest of the UK
   - Northern Ireland- Lower tuition fees for Northern Irish universities
2. Prescription charges
   - England-£8.40
   - Scotland- Prescription charges abolished
   - Wales- Prescription charges abolished
   - Northern Ireland- Prescription charges abolished