The impact of devolution on UK politics

Question 1

Describe a federal state

Answer 1

• Sovereignty is divided between two tiers of government
• Power is shared between national and regional government
• Regional government is constitutionally protected and therefore cannot be removed or substantially reformed without its consent

Question 2

Describe a quasi-federal state

Answer 2

• Some features of a unitary state and some features of a federal state
• The central government devolves some of its powers to sub-national government but supreme legal authority is still located centrally
• In practise domestic policy is no longer decided upon centrally in many areas and it would be politically difficult to abolish the sub-national tier of government

Question 3

Why is Westminster still sovereign in legal terms?

Answer 3

It can overrule or abolish devolved bodies

Question 4

Why Westminster no longer sovereign in practise as a result of devolution?

Answer 4

• It cannot legislate on domestic matters in devolved areas
• Devolved bodies are now a permanent fixture in the UK constitution and can not be abolished without the approval of a referendum

Question 5

Why can Westminster parliament be described as quasi-federal?

Answer 5

Because it makes domestic law for England but still acts as a federal parliament when deciding upon reserved matters for Scotland, Wales and NI

Question 6

What is a joint ministerial committee?

Answer 6

UK minsters and their counterparts from devolved institutions meet to consider non-devolved matters that may have a knock-on effect on devolved matters and resolved disputes. However, meeting are infrequently and Westminster is still very much the key player

Question 7

How are disputes over competences resolved?

Answer 7

By the supreme court deciding whether or not devolved bodies have acted within their powers

Question 8

Give the arguements in favour of the UK becoming a federal state

Answer 8

• Establish a clear constitutionally outlined relationship between the constituent parts of the UK
• Resolve anamalies like the West Lothian Question
• The status of Westminster parliament would be clarified as it would act as a completely federal parliament
• The House of Lords could be reformed or abolished

Question 9

Give the arguements against the UK becoming a federal state

Answer 9

• Federalism works best in states where there is not a dominant nation or region
• An English parliament would rival a Westminster parliament
• Measures to reduce English dominance would be problematic and unpopular
• Disputes over funding for federal states
• Unpopular in the UK; with devolution being the preferred means of constitutional reform in Scotland, Wales and NI

Question 10

What recent change to devolution has enhanced policy divergence?

Answer 10

New powers on tax and spend

Question 11

Where has policy divergence been most pronounced?

Answer 11

Health and education

Question 12

Give an example of policy divergence in health

Answer 12

The NHS internal market was abolished in Scotland and Wales but only limited in NI

Question 13

Give an example of policy divergence in education

Answer 13

University tuition fees were abolished in Scotland but only reduced in Wales and NI

Question 14

What is the upside of policy divergence?

Answer 14

Devolved institutions can respond to the unique concerns of their electorate

Question 15

What is the downside of policy divergence?

Answer 15

It undermines the principle of equal rights for UK citizens

Question 16

How are the devolved institutions funded?

Answer 16

By block grants from the UK treasury, the size of which is determined using the Barnett formula

Question 17

What is the issue with the Barnett formula?

Answer 17

Devolved areas receive around 25% extra funding per person than England

Question 18

What do critics of devolution say about block grants?

Answer 18

It amounts to an English subsidy of the devolved areas and does not take account of relative needs

Question 19

Define Britishness

Answer 19

An umbrella term that aims to promote unity between UK citizens while maintaining their distinctive national identities

Question 20

What has British identity been built around?

Answer 20

Symbols of the UK state, like parliament, the NHS and the monarchy

Question 21

How did Brexit create divisions within devolution?

Answer 21

Scotland and NI voted to remain, England and Wales voted to leave

Question 22

Why is NI treated differently to the rest of the UK because of Brexit?

Answer 22

The UK and EU added a NI protocol to the Withdrawal Agreement to prevent a hard border between NI and the Republic of Ireland

Question 23

How does the NI protocol work?

Answer 23

NI remains part of the EU customs union and single market for goods, but checks are required on goods coming from the rest of the UK

Question 24

What did Holyrood request in the face of Brexit?

Answer 24

Special status for Scotland, which was rejected by Westminster

Question 25

How have opinion polls been damning for the union since Brexit?

Answer 25

They have shown increased support for an independent Scotland and a united Ireland

Question 26

How did Brexit create debate over competences?

Answer 26

Because some of the competences that returned to the UK were in devolved areas

Question 27

What did the 2020 Internal Market Act do?

Answer 27

Set limits on devolved powers and policy divergence

Question 28

Why was Westminster enacting its core Brexit legislation controversial in terms of devolution?

Answer 28

Because it was opposed by all the devolved institutions. This meant it broke the Sewel Convention, the idea that Westminster should not legislate on devolved matters without the consent of the devolved legislatures

Question 29

Make the arguement that devolution had undermined the union

Answer 29

• The piecemeal approach has meant that problems like the WLQ have not been properly addressed
• Insufficient attention has been paid to the benefit and purpose of britishness and the union
• Rules on policy formulation and dispute resolution are not clear enough
• Policy divergence has undermined the idea of common UK rights
• Support for Scottish independence have increased and the SNP have been the dominant party since 2007
• There is some unease in England about the perceived unfairness of devolution
• Devolution has been fragile in NI due to tensions between the unionists and nationalists flaring up intermittently

Question 30

Discredit the idea that devolution has undermined the union

Answer 30

• Answered Scottish, Welsh and Northern Irish demands for greater autonomy by bringing decision making closer to the people
• The process has been relatively smooth
• Policy divergence reflects the different interests of the nations of the UK and has allowed initiatives that were successful elsewhere to be tried in the rest of the UK
• Most people in the UK still feel British to some degree
• Devolution, rather than separation, is the preferred means of constitutional reform for most
• Delivered peace and stability through power sharing in NI after 30 years of violence and instability