UK Devolution Flashcards
What is devolution?
The delegation of powers from UK Parliament to assemblies in Wales,
Northern Ireland and Scotland however Westminster is still technically able to pass laws for any parts of the UK
What is the difference between federalism and devolution?
In theory at least, powers given away by
parliament could be reclaimed. Federalism, by contrast, implies a permanent alienation of powers
to the states or regions, requiring a formal change to a nation’s constitution to alter it
When was devolution in the UK introduced?
It was only introduced successfully in 1998 as part of Tony Blair’s wider programme of constitutional
changes. This followed a positive set of referendums in 1997–98 when all three regions approved proposals for elected devolved assemblies. Blair, congratulating Scottish voters on the referendum outcome, claimed that “the era of big centralised government is over. This is a time of change,
modernity and renewal.”
Key powers of Scottish Parliament
• Agriculture
• Environment
• Income tax
• Education
• Health
• Transport
• Justice, policing and courts
Examples of areas where power lacks in Scottish Parliament
• Foreign policy
• Brexit negotiations
• Defence and national security
• Trade and industry
Key powers of Welsh Parliament
• Agriculture
• Environment
• Education
• Health
• Transport
• Fire and rescue services
Examples of areas where Welsh Parliament lacks power
• Foreign policy
• Brexit negotiations
• Defence and national security
Key powers of the Northern Ireland Assembly
• Agriculture
• Environment
• Education
• Health
• Transport
• Enterprise, trade and investment
Examples of where the Northern Ireland Assembly lacks power
• Income tax
• Foreign policy
• Brexit negotiations
• Defence and national security
What is the Scotland Act 1998?
Gives the Scottish Parliament primary legislative powers in a number of
domestic areas, including law and order, health, education, transport and the environment. It can also vary the rate of income tax by up to 3p in the pound — the Scottish variable rate (SVR)
What is the Scotland Act 2012?
Transferred significant tax-raising powers to the Scottish Parliament, most
notably the ability to raise or lower income tax by up to 10p in the pound — the Scottish rate of income tax (SRIT). It also devolved stamp duty and landfill taxes to Scotland, and allowed the Scottish government to borrow up to £5 billion and set up its own tax authority, Revenue Scotland
What is the Scotland Act 2016?
Involved a further major transfer of powers over to the Holyrood Parliament,
including authority over areas such as equal opportunities, abortion law, speed limits and gaming machines. It also allowed the Scottish Parliament to set its own rate of air passenger duty (APD)
and create income tax rates across any number of bands, and to make its own laws regarding who could vote in elections for the Scottish Parliament subject to a two-thirds vote by the
Holyrood Parliament. This extension of powers was in part the delivery of a promise made by the ‘No’ side during the 2014 Scottish independence referendum campaign
What is the Government of Wales Act 1998?
Set up the Welsh Assembly, which lacked primary legislative powers but did have the ability to devise secondary legislation in specified areas, including
agriculture, fisheries, education, housing and highways. Such powers were broadly equivalent to those previously held by the secretary of state for Wales
What is the Government of Wales Act 2006?
Enabled the Assembly to request further powers from Westminster and to gain primary legislative powers if approved by a referendum. It also set up a
proper executive body, the Welsh Assembly government (as of May 2011, called the Welsh government)
What is the 2011 Welsh referendum?
Following approval in the referendum, which asked the direct question ‘Do
you want the Assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?’, the Welsh Assembly gained the power to enact primary legislation in 20 devolved
areas of policy. These included important areas such as health, transport and agriculture. The
referendum delivered a resounding ‘Yes’ vote of 64%, a clear indication of how support for a Welsh government had grown since 1997
What is the Wales Act 2014?
Represented the first major transfer of some tax-raising powers to the Welsh
government. These included stamp duty, business rates and landfill tax, and enabled the Welsh government to replace them with taxes specific to Wales
What is the Wales Act 2017?
Represented a further transfer of important powers to Wales. It gave the Welsh government considerably greater primary legislative powers in additional policy areas, including control over its own electoral system (subject to a two-thirds majority in the government), and
policy areas such as road signs, onshore oil and gas activity, harbours, rail franchising and energy efficiency. It could also vary the rate of income tax by up to 10p in the pound, and it set up the
Welsh Revenue Authority. The government also gained the power to change its name. It put Welsh devolution on largely the same footing as that in Scotland. The only key policy areas
omitted were policing and justice
What is the Senedd and Elections (Wales) Act 2020?
This Act, passed by the Welsh government using the powers devolved to it by earlier Westminster legislation, formally changed the name of the
legislature to Senedd Cymru, or the Welsh Parliament. It also gave the vote to 16- and 17-year-olds for Welsh parliamentary and local elections, as in Scotland
What are loyalists/unionists?
Wish for Northern Ireland to remain part of the UK, sometimes associated with Protestants
What are republicans/nationalists?
Wish for NI to unite with Eire and form a single united Ireland, sometimes associated with Catholics
What is the Good Friday Agreement?
Involved a promise of a return to devolved government, but also other
measures designed to embed the peace process. These included prisoner release for convicted paramilitary terrorists, reductions in the number of British Army troops stationed in Northern
Ireland and civil rights measures. It promised ‘parity of esteem and of just and equal treatment for
the identity, ethos, and aspirations of both communities for the two communities in Northern
Ireland’. As with other devolution proposals, it had to be approved by a referendum, which duly happened in May 1998 when it was approved by 71%-29%. This allowed the creation of the Northern Ireland Assembly and Executive
Arguments for devolution working well in the UK
• allowed regional political
differences to be recognised. For example, Scotland is traditionally more left-leaning
• strengthened the union between
the regions by creating a ‘best of both
worlds’ scenario, whereby the devolved
regions are autonomous in many
domestic policy areas, but benefit from
being part of a much larger nation in the
areas of defence and international trade
• encouraged innovation in policy-
making and enabled devolved assemblies to function as ‘legislative laboratories’. Administrations can learn from policies launched elsewhere and then replicate them if they think they will be effective
For example, the Scottish government’s
2006 decision to ban smoking in enclosed public spaces was then extended to Wales, Northern Ireland and England
Arguments for devolution not working well in the UK
• inequalities in the provision and
cost of public services within the UK. For
example, university tuition is free in Scotland but costs over £9,000 pa in England. Prescriptions are free in Wales and Scotland but not in England
• encouraged demands for greater
separation and full independence, and therefore weakened the unity of the UK. The result of the Scottish referendum was quite close (55%-45%) and devolution has given many the confidence that they can run their own affairs better without Westminster involvement. Brexit highlighted some of the divisions within the UK, as both Scotland and Northern Ireland voted
heavily to Remain but played no direct role in subsequent negotiations
• It has not led to any additional momentum for replacement of first-past-the-post (FTPT) for general elections. Cross-party working in
Northern Ireland has also proved problematic at times and led to gridlock
Examples of English devolution
• City mayors: The Local Government
Act 2000 allowed any local council in England to hold a referendum on the introduction of a directly elected mayor, since then, councils have been allowed to introduce the system without a referendum. Under the Cities and Local Government Devolution Act 2016, ‘Metro Mayors’ were elected for the first time in 2017 to lead several combined authorities (CAs). In May 2018, a metro mayor election was held for the Sheffield City Region CA, followed by North of Tyne (Newcastle and its surrounding area) a year later. By 2020, there were 15 directly elected city mayors and eight metro mayors. For example, former Labour health minister Andy Burnham was elected as Manchester’s mayor in 2017
• 32 London boroughs: London has its own setup for local government, comprising 32 boroughs and
the Greater London Authority, which comprises 25 elected members and a directly elected mayor. In 2020, this was Sadiq Khan; he was preceded by Boris Johnson. This structure was approved
following a referendum in 1998
• 57 unitary councils: single-tier bodies responsible for the full range of local services including education and social care as well as libraries, refuse collection and parks. Most unitary councils are
found in large towns and cities, e.g. Portsmouth and Derby
Arguments for regional assemblies
• It would be a logical extension of the
creation of devolved assemblies, which
on the whole have worked well and
proved popular
• An English Parliament would resolve the West Lothian question, whereby
Scottish, Welsh and Northern Irish MPs
currently have a vote on matters that
affect only England, whereas MPs from
England are unable to vote on matters
that have been devolved
• It would allow an alternative electoral
system to be used, as is the case
elsewhere in the UK, and therefore
resolve the issue of electoral reform
Arguments against regional assemblies
• There is no widespread support for such a measure. A referendum in 2004 to set up an elected assembly for the northeast was decisively rejected 78% to
22%
• There are other ways to resolve the West Lothian question, such as English votes for English laws (EVEL). Under EVEL an extra stage was introduced in
the middle of the law-making process, allowing English MPs to block anything they did not like in bills deemed to be ‘England only’. EVEL was abolished in
July 2021, however, as the government argued it was complex and time-consuming to the legislative process.
• An English Parliament would raise the issue of what the role and purpose of the Westminster Parliament is, which could lead to more conflict between the UK and English prime ministers
Arguments for English Parliament
• It would complete devolution and
remove the current asymmetry.
• It would enable English identity
and culture to flourish. It would
finally resolve the West Lothian
Question.
• There are growing calls for it from
some politicians. Devolution has
worked well elsewhere in the UK.
Arguments against English Parliament
• England is different from the other regions in terms of size and its economy. What has worked in smaller parts
of the UK may not automatically work in its largest region.
• England largely lacks its own national identity. Culture and identity are much more regional.
• There is no evidence of strong public support for an English parliament.
What is asymmetry?
A lack of balance, used to refer to the way the system of devolution only applies to parts of the UK
What is the West Lothian Question?
Refers to the fact that, following devolution, MPs from the devolved regions still have the right to vote on matters that relate only to England but, by contrast, MPs from English
constituencies cannot vote on issues devolved to the regions.
What is Scottish Parliament and Government?
The legislative body and executive established in Scotland following the 1997 referendum, now elected on a 5-yearly basis with elections due in 2021 and 2026. It meets in the Holyrood area of Edinburgh so is often known as
‘Holyrood’.
What is the Welsh Assembly and government?
The legislative body and executive established in Wales following the 1997 referendum, now elected on a 5-yearly
basis with elections due in 2021 and 2026. Since 2020, the correct title for the body is Senedd or Welsh Parliament
What is the Northern Ireland Assembly and Executive?
The legislative body and executive established following the 1998 referendum, now elected on a 5-yearly basis with elections formally due next in 2027.
What is Quasi-federal?
A set-up where despite having two clear sets of government – central and the states, more powers are
given to the Central Government.
What is EVEL?
The EVEL process operated in the House of Commons from 2015 until its suspension in 2020. The standing orders
relating to EVEL procedures were rescinded following a decision of the House on 13 July 2021. While in use, EVEL was designed to ensure that legislation
that affected only England
Impact of devolution on policy variation (COVID)
People in England and Northern Ireland could travel long distances for a beach
visit or to walk in the countryside, but could not drive into Wales or Scotland to do the same. Shops and schools reopened earlier in England and Northern Ireland than in the other two regions. The key point is that
the decisions were decided regionally. Even as prime minister, Boris Johnson could not determine the scale
or pace of lifting the lockdown beyond England. and even the initial lockdown had to be undertaken in close
collaboration with the leaders of the three devolved regions.
What is judicial independence?
the notion that judges are free from government interference (i.e. they
are independent)
What is judicial impartiality?
the notion that judges are neutral/ objective when it comes to making their judgments and are not swayed by personal opinion or popular pressure
What is a separation of powers?
The judiciary is separate, both physically and in terms of personnel, from parliament and the government. This is seen as crucial to judicial independence and upholding the rule of law.
What is ultra vires?
everyone is subject to the law of the land, including the government. If
governments or other public bodies are deemed by the courts to have exceeded their powers, their actions are declared ultra vires, i.e. beyond the power of the law and therefore illegal, and must be
reversed.
What is judicial review?
A judicial review is a court proceeding in which judges review the legality of a decision or action made by a public body including the government. Any challenge is to the way in which a decision has been made, i.e. about processes, not the rights and wrongs of the conclusion reached
Arguments for the judiciary being too powerful
• Judges, unlike MPS, are unelected and
cannot be removed easily
• The Human Rights Act 1998 means
judges get involved in politics and often
clash with the government, undermining both parliamentary sovereignty and democracy
• Judges make decisions that can have a
huge impact, including over life and
death (e.g. cases involving assisted
dying or switching off life-support
machines).
Arguments against the judiciary being too powerful
• Judges only interpret laws passed by parliament. Parliament has chosen to sign up to the European Convention on Human Rights (ECHR) and to pass
the Human Rights Act 1998, and could equally opt to reverse both actions.
• Judges are very experienced legal professionals who are properly trained in looking at complex and difficult cases impartially. They are better suited
than politicians who might be swayed by public opinion and the media.
• The courts make sure that those in power stick to the rules themselves. This is a necessary check to avoid arbitrary government. No one is above the
law, even ministers, police and the armed forces
What did the Constitutional Reform Act 2005 do?
The Constitutional Reform Act 2005 reduced the power of the Lord Chancellor, placing most senior judicial
appointments into the hands of a new, independent Judicial Appointments
Commission (JAC). It was hoped that this change would enhance the separation of powers and result in a senior judiciary
that was more socially representative of the broader population. The Act also provided for the creation of the Supreme Court, in which 12 justices
would sit and discharge the roles previously performed by the Law Lords, who had sat as the highest court of
appeal in the Appellate Committee of the House of Lords
What’re the qualifications necessary to be considered for the UKSC?
• candidates must have either held high judicial office for at least 2 years or been a ‘qualifying practitioner’ for a period of 15 years. A ‘qualifying practitioner’ is someone who:
• has a senior courts qualification
• is an advocate in Scotland or a solicitor entitled to appear in the Scottish Court of Session and the High Court of Justiciary
• is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland
