devolution official Flashcards
1
Q
how is devolution asymmetrical?
A
- each of devolved institution different powers + distinctive features
- scotland most powerful - law-making in devolved matters + tax raising powers
- welsh assembly - initially only executive powers - determining how WM legislation implemented in wales but after 2011 primary legislative authority over devolved matters + tax raising powers after 2017
- northern ireland assembly - primary legislative powers but limited powers over tax
2
Q
what is key devolution legislation for scotland?
A
three successive acts of parliament
- scotland act 1998: gave scottish parliament primary legislative powers in number of domestic areas (law+order, health, education, transport, environment) can also vary rate of income tax up to 3p in p
- scotland act 2012: tax-raising powers to SP - raise/lower income tax up to 10p in poind (SRIT) from 2016 onwards + developed stamp duty+landfill taxes allowing scotland borrow up to 5bill + set up own tax authority
- scotland act 2016: trans of power including authority over: equal opportunities, abortion law, speed limits, gaming machines and allowing to create income tax across any number bands and make own laws who can vote SP subject 2/3
3
Q
which act has limits to it?
A
- 1998
- ‘reserved powers’ sole responsibility of WM
- UK const
- defence + nat security
- foreign policy
- nuclear energy
- immigration
etcc - stated that WM remains sovereign in all matters but chosen to exercise it by devolving legislative authority without affecting own powers
- has right to override SP in policy areas + abolish dev institutions
4
Q
what does the scotland act 2016 state when it comes to WM?
A
- WM will not legislate on devolved matters without consent
- scottish parliament + govt are ‘permanent part of UK’s const agreements’
- scot parliament + govt cannot be abolished unless approved in a ref in scotland
5
Q
what were the different campaigns/views towards scottish devolution
A
- yes scotland campaign fronted by SNP - vision was for independent scotland with ‘personal union’ with UK- but scotland own written const + full responsibility for welfare, foreign + defence policy
- pro-union, better together - supported by labour, tories and libdems argued for extensive dev + economic, cultural, political benefits of union
- argued independence would damage scotland’s economy
- UK treasury insisted no currency union with an independent scotland
- EC warned an independent scotland would not automatically become part of EU
6
Q
when and how did the scottish independence referendum happen? what did it do?
A
- 2014
- although constitution reserved power, WM granted scot parliament temporary powers to hold indep ref
- asked if scotland should be indep
- 55% no but 45% yes
- turnout high 85%
7
Q
what was the scotland act 2016 stating in terms of powers?
A
- new powers devolved by the act include:
- to set income tax + bands
- some additional taxes + duties
- right to receive 50% of the VAT raised in scot
- control over certain welfare benefits
- road signs, speed limits etc
- the franchise for scot elections
8
Q
what are three key devolution legislation for wales
A
- government of wales act 1998: set up welsh assembly lacking primary legislative powers but can devise secondary leg in some areas (agriculture, fisheries, education) broadly equiv SofS for wales
- government of wales act 2006: enabled assembly to request further powers from WM + get PLP if approved in referendum + set up proper executive body (welsh assembly governemnt)
- 2011 referendum approval of q wanting assembly to be able to make laws on all matters in 20 subject areas it has powers for + welsh assembly gained pwer for PL (incl:health, transport,agriculture) yes vote of 64%
9
Q
what are three key devolution legislation for wales
A
- government of wales act 1998: set up welsh assembly lacking primary legislative powers but can devise secondary leg in some areas (agriculture, fisheries, education) broadly equiv SofS for wales
- government of wales act 2006: enabled assembly to request further powers from WM + get PLP if approved in referendum + set up proper executive body (welsh assembly governemnt)
- 2011 referendum approval of q wanting assembly to be able to make laws on all matters in 20 subject areas it has powers for + welsh assembly gained pwer for PL (incl:health, transport,agriculture) yes vote of 64%
10
Q
three more key devolution legislation for wales
A
- wales act 2014: first major trans of tax-raising powers including stamp duty, business rates + landfill tax enabling the welsh gov to replce with tax specific to wales
- wales act 2017: greater PLP in additional policy areas: control over own elect system (2/3) and areas: road signs, gas activity and could also vary rate of income tax upn to 1-p in pound and set up welsh revenue authority (policing+justice ommitted)
- senedd and elections act 2020: passed by welsh gov using powers devolved changed name of legislature to senedd cymru/welsh parliament + gave vote 16-17 for welsh parliamentary + local elections
11
Q
what was the backdrop for northern ireland devolution?
A
- ‘the troubles’ involving terrorist campaigns by loyalists/unionists and republican/nationalist paramilitaries
- devolved gov dominated by unionists + discriminatory towards nationalist minority and it was suspended and then aboloshed 1973 meaning any restoration of a devolved assembly would need agreement of both sides
12
Q
what happened after the stormont parliament was abolished in 1973?
-
A
- since 1972 northern ireland governed by direct rule from WM while the british army had presence to keep peace which was controversial to many nationalists
- peace + stability achieved following ceasefires in 1995 by main paramilitary groups (IRA)
- lengthy negotiations resulted in FGA 1998
13
Q
what was the good friday agreement?
A
- promise of a return to devolved government
- measures designed to embed peace process: prisoner release for convicted paramilitary terrorists, reductions in number of british army troops stationed in NI, civil rights measures
- promised just and equal treatment for the identity, ethos + aspirations of both communities
- had to be approved by ref - may 1998: 71% allowing creation of NI asembly + executive
14
Q
what was significant about the GFA?
A
- The 1998 agreement established an assembly which was to be elected using proportional representation (PR).
- PR was used so that all sections of Northern Ireland’s society would be represented
- All major parties in Northern Ireland were guaranteed ministerial positions because the executive in Northern Ireland was based on power sharing
15
Q
how was the northern ireland assembly not had an easy ride?
A
- remained suspended between 2017 and 2020 due to collapse of the power-sharing agreement between the democratic unionist party + sinn fein
- followed controversy over DUP handling of a green energy scandal compunded by deeo divisions over introduction of irish language act
- WM too advantage of absence of functioning NI assembly to extend same-sex marriage and legalise abortion despite both being areas of devolved responsibility meaning this intervention was against the ‘spirit’ of devolution
16
Q
how is devolution in northern ireland distinct?
A
- party structure: parties from both communities (DUP and UUP unionists and SDLP and sinn fein nationalist) along with centrist alliance party + green party with the main WM parties having no major presence although historic ties labout and SDLP
- power sharing embedded ensuring executive from both communities
- unlike other regional assemblies - assembly members must designate themselves as ‘nationalist’, ‘unionist, ‘other’
- others powers enhanced considerably but NI not really and very limited tax-raising powers
17
Q
what are the key features of scottish parliament
A
Number of elected members: 129
electoral system: AMS
first minister:
location: holyrood
