UK Government: Devolution

Question 1

Devolution meaning

Answer 1

-The delegation of some governmental powers (devolved powers) away from the central to regions whcih have their own elected assemblies that make laws themselves.
-Certain powers, WM keeps (war, trade, foreign etc) - reserved powers.

Question 2

How was devolution introduced?

Answer 2

Successfully introduced in 1998 by Blair’s govt.
-Followed a set of referendums 1997-8 where all 3 regions approved proposals for elected devolved assemblies.
-Blair “the era of big centralised govt is over, time for change, modernity & renewal.”
-Devolution has not extended to England.

Question 3

The roles, powers & responsibilities of devolved bodies

Answer 3

-Scotland & Wales use AMS & NI uses STV.
-not identical bodies.
-Scottish parliament was more powerful from the start (tax raising powers & primary legislative powers).
-Wales had less powers reflecting their lower support for devolution (50.3%).
-Northern Ireland had it less smoothly.

Question 4

Key devolution legislation for Scotland

Answer 4

-Scotland act 1998
-Scotland act 2012
-Scotland act 2016

Scottish parliament has passed over 300 pieces of leg.
Established following 1997 referendum in Holyrood, Edinburgh.
Led by Humza Yusef & party in power is minority SNP govt.

Question 5

Scotland Act 1998

Answer 5

-Gave the Scottish Parliament primary legislative powers (pass leg) in domestic areas (law & order, health, education, transport etc).
-Could vary the rate of income tax by up to 3p in the pound (SVR)

Question 6

Scotland Act 2012

Answer 6

-Transferred significant tax raising powers to Scottish parliament, notably the ability to raise or lower income tax by 10p (SRIT).
-Developed stamp duty & landfill taxes to Scotland & allowed govt to borrow up to £5 billion & set up its own tax authority.

Question 7

Scotland Act 2016

Answer 7

Transferred major powers to Holyrood parliament.
-Authority over areas such as; equal opportunities, abortion, speeding.
-Allowed for them to set own rate of air passenger duty & create income tax rates across any number of bands & make laws regarding who could vote in Scottish parliament elections.

Question 8

Key devolution legislation for Wales

Answer 8

-Govt of Wales act 1998
-Govt of Wales act 2006
-2011 referendum
-Wales act 2014
-Wales act 2017
-Senedd & Elections act 2020

Established following 1997 referendum & titled Senned or Welsh Parliament in Cardiff.
Led by Mark Drakeford & party in power is minority Labour govt.

Question 9

Govt of Wales Act 1998

Answer 9

-Set up the Welsh assembly which only had ability to devise secondary legislation ie specified areas (agriculture, fisheries, education & housing).
-Powers were broadly equivalent to those previously held by Secretary of State for Wales.

Question 10

Govt of Wales act 2006

Answer 10

-Enables gain of primary legislative powers if approved by referendum.
E.g. Wales passed an ‘opt out’ system for organ donation 2015.
-Also set up proper executive body (Welsh Assembly govt) as of May 2011.

Question 11

2011 referendum

Answer 11

-Asked “do you want the assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?”
-Welsh assembly gained power to enact primary legislation in 20 devolved areas of policy (health,transport, agriculture).
-‘Yes’ vote of 64%.

Question 12

Wales Act 2014

Answer 12

Represented first major transfer of tax easing powers including stamp duty, business rates & landfill tax, enabled Welsh govt to replace with taxes specific to Wales.

Question 13

Wales Act 2017

Answer 13

-Control over electoral system & policy areas (road signs, onshore oil & gas activity, energy efficiency, rails etc).
-Could vary rate of income tax up to 10p & set up Welsh Revenue authority.
-Same footing as Scotland.

Question 14

Senedd & Elections Act 2020

Answer 14

-Formally changed name of legislature to Senedd Cymru, or the Welsh parliament.
-Gave 16/17 year olds the vote.

Question 15

Devolution for Northern Ireland: The troubles (1969)

Answer 15

-Involved terrorist campaigns by loyalists/unionists & republican/nationalist paramilitaries.
-Arose from nationalist civil rights movement.
-The devolved govt, 1921-72 often called the Stormont parliament was dominated by unionists & seen as discriminatory towards nationalists.
-Parliament suspended in 1972 & abolished 1973.

Question 16

Devolution for Northern Ireland: Since 1972

Answer 16

NI governed by direct rule from WM, while British army had a large peace keeping presence in country (controversial to nationalists).
-Peace achieved through ceasefires by main paramilitary groups in 1995 such as Provisional IRA.

Question 17

What was the Good Friday (1998) agreement?

Answer 17

-Negotiations from NI parties, Irish & UK govts & weapons decommissioning programme overseen by ex US senator, Mitchell resulted in this.
-Involved promise to return to devolved government but embed peace process (prisoner release of convicted paramilitary terrorists, reduction in British troops in NI & civil rights measures).
-Promised ‘parity of esteem & of just and equal treatment for identity, ethos & aspirations of both communities in NI.’

Approved in referendum 71%.
Created Northern Ireland Assembly & Executive.

Question 18

Loyalists/Unionists

Answer 18

Want NI to stay a part of the UK.
(Protestants usually)

Question 19

Republicans/Nationalists

Answer 19

Group that wants to unite with Eire & form a single/united Ireland.
(Catholics usually)

Question 20

Why was NI assembly suspended 2017-2020?

Answer 20

-Due to the collapse of the power sharing agreement between the DUP & Sinn Fein over the handling of a green energy over intro of an Irish language act.
-WM used absence to extend same sex marriage & legalise abortion in the province.
-Both areas of devolved responsibility.
-Intervention in domestic policy is highly unusual against the spirit of devolution.
-Criticised by DUP for this.

Question 21

Differences in devolution achievement

Question 22

The Northern Ireland protocol: Issue

Answer 22

-Included in 2020 Brexit agreement to avoid a hard border (where goods require checks before they can cross over) between NI & Republic of Ireland.
-When UK was with EU, this was unnecessary as they followed same trade rules.
-Some feared return of hard border would disrupt peace process between unionists & nationalists.

Question 23

The Northern Ireland protocol: What was the protocol

Answer 23

To avoid a hard border, they would continue to follow EU rules on product standards & carry checks when goods arrive from GB to ensure they comply with EU requirements.

Question 24

The Northern Ireland protocol: Why were the DUP unhappy?

Answer 24

Undermines place in the UK due to too much admin.
-argued the requirement creates an unacceptable border in the Irish Sea undermining NI’s place in the UK.
-Also aligns NI with EU law that NI has no influence over.
-Critics argued the checks & paperwork led to ine evaded costs for business, delays & shortages.

Collapse of power sharing in NI.

Question 25

The Northern Ireland protocol: What is the ‘Safeguarding the Union plan’?

Answer 25

1. More funding for NI.
2. A green/redline system. Green lane (UK internal market system) reduces paperwork. If more than 20% of goods go through red lane (Windsor framework), it’ll be investigated.
3. Access to UK tariff rates for imports, not EU ones.
4. Stormont Brake allows MLAs to block automatic application of some EU law.

Question 26

Devolved matters

Answer 26

-agriculture
-education
-environment
-healthcare
-housing
-land
-law and order
-local govt
-sports
-tax (some forms)
-transport

Question 27

Reserved matters

Answer 27

-benefits & social security
-broadcasting
-constitution
-defence
-employment
-foreign policy
-immigration
-trade

Question 28

Case study: The M4 relief road

Answer 28

Clash between powers
-July 2020, Boris announced a relief road would be built for a section of the M4 in Newport, Wales, which is plagued by queues and delays.
-Promsied to ‘do the things the Welsh govt failed to do’.
-argued a road congestion had a negative impact on business investment in the area.
-challenged by Labour Welsh Government members who previously scrapped such a scheme, declaring a climate emergency in 2019.
-stated building more roads would increase traffic levels & carbon emissions.

Welsh govt argued transport was a devolved matter so PM had no say in this.
Welsh economy minister, Skates said PM’s comments were “nothing more than nonsense on stilts.”

Question 29

Has devolution worked well in the UK? Yes

Answer 29

-Allowed regional political differences to be recognised.
E.g. Scotland is more left leaning so income tax of highest earners increased to 46p.
-Enables peace process in NI & cross community cooperation.
-Encouraged innovation in policy making & enabled devolved assemblies to function as ‘legislative laboratories’. Administrations can learn from policies elsewhere & replicate.
E.g. Scottish govt 2006 decided to ban smoking in enclosed public spaces which encouraged rest of UK to follow rule.

Question 30

Has revolution worked well in the UK? No

Answer 30

-inequalities in provision & cost of public services within UK.
E.g. Uni in Scotland is free but over £9000 in England. Prescriptions are free in Wales & Scotland but not England.
-Devolution encouraged demand for more separation & weakening unity of UK. Result of Scottish referendum (55%) was close & devolution gave confidence that they can run own affairs without WM. Brexit highlighted some divisions in UK since Scotland & NI heavily voted to remain but played no role in subsequent negotiations.
-Community relations and devolution remains fragile.
E.g. Prolonged suspension of NI assembly 2017-2020.

Question 31

Existing devolution in England

Answer 31

No formal devolution in England, but there’s elected mayors, regional police & crime commissioners.
They have no primary legislative powers & can only deal with powers delegated to them by central govt.

Categories of local govt authority:
-57 unitary councils
-36 metropolitan boroughs
-25 county councils
-188 district, borough or city councils
-Combined authorities
-32 London boroughs
-City mayors

Question 32

57 unitary councils

Answer 32

-Single tier bodies responsible for full range of local services including education, social care as well as libraries, refuse collection & parks.
-Most of these found in large towns & cities (Derby) & some small counties (Rutland).

Question 33

36 metropolitan boroughs

Answer 33

Single tier bodies that have similar powers to unitary councils but are longer established (1974).
Found in urbanised areas in the North & Midlands (Metropolitan borough of Barnsley).

Question 34

25 county councils

Answer 34

Part of 2 tier local authority structure& oversee key services like education & social services.
Found in less urbanised areas (Sulfolk).

Question 35

188 district, borough or city councils

Answer 35

Part of 2 tier structure & responsible for providing more localised services (leisure, planning & refuse collection).
Less populated parts (New Forest District Council).

Question 36

Combined authorities

Answer 36

Since 1999, small number set up which enable a group of 2 or more councils to collaborate and take collective sections across council boundaries.
By 2020, 10 such bodies created including Greater Manchester.

Question 37

32 London boroughs

Answer 37

London has its own setup for local govt compromising 32 boroughs & the Greater London Authority. compromising 25 elected members & directly elected mayor.
2020, this was Sadiq Khan (preceded by Johnson).

Question 38

City mayors

Answer 38

The Local Government act 2000 allowed any local council to hold referendum on intro of directly elected mayor (citizens or council).
Since, councils allowed to introduce this without referendum.

Question 39

City mayors - examples

Question 40

Local government reorganisation

Answer 40

-local authorities merge or newly formed according to a particular policy of the govt.
-tendency to merge smaller units of local govt for efficiency reflecting lack of self determination enjoyed by local councils.

Question 41

Restricted powers of English councils

Answer 41

-mostly rely on funding by a block grant from central govt.
-gain additional revenue from council tax but amount it’s increased is controlled by Whitehall.
E.g. Bath has asked central for power to introduce levy on local tourism & short term holiday letting. But by 2021, no such levy implemented.

Question 42

Debate over into of proper devolution to England

Answer 42

Issue of devolution is less emotional & high profile in England.
-At speakers conference (1919-20) considered it but concluded that an all England institution would be preferable to a more regional approach.
-Campaign for English parliament established in 1998 but gained little support from main parties.

Question 43

Should England have its own parliament? Yes

Answer 43

-Completes devolution & removes asymmetry.
E.g. Con MP Gorman proposed PMB for referendum on this & said england deserved “fair & equal treatment.”
-Resolves answer to West Lothian Question & ends process of EVEL.
E.g. 2015, Cameron’s govt withdrew attempt to relax fox hunting ban in England & Wales after SNP said its MPs would vote against measure breaking convention that Scottish MPs wouldn’t vote on an England matter.
-Growing calls from politicians.
E.g. PMB proposing federal structure & English parliament introduced by Con backbencher Rosindell & cosponsored by Redwood (2014).

-decentralisation, clear identity & worked well elsewhere.

Question 44

Should England have its own parliament? No

Answer 44

-Undermines role of WM & ‘mother of all parliaments’ may be orphaned.
-Lack of public enthusiasm.
E.g. A modest attempt to introduce a regional assembly for the North East was rejected in 2004 referendum (78%). Preference for regional assemblies over English parliament.
-England lacks strong & cohesive cultural identity.
E.g. Cornwall & Merseyside have strong identities but barely anything in common.

-costly, location??, may weaken union.

Question 45

Unitary stare

Answer 45

Concentrated sovereignty.

Question 46

Union state

Answer 46

State made of regions that retain distinctive cultural identities.

Question 47

Multi level governance

Answer 47

Political authority distributed horizontally & vertically between National/sub national levels.

Question 48

Different forms of depletion

Answer 48

Administrative: allows regions to implement policies decided at WM (running own services, allocating funds etc).
Legislative: uses an elected regional assembly to make own policies.

Question 49

Scotland’s attempt to get a 2nd referendum

Answer 49

-proposed by SNP after Brexit due to ‘material change of circumstances’.
-independent referendum in 2014 backed staying in the UK by 55%.
-Brexit gave them a ‘cast-iron mandate’ to hold referendum.
-UK govt accused SNP of failing to give clear answers to questions regarding currency & pensions in an independent Scotland.

Question 50

How does the NI assembly work?

Answer 50

-representatives form NI sit in assembly.
-called members of the legislative assembly MLAs & can be voted for in regionals.
-most powerful of these representatives are the 1st minister & deputy 1st minister who are in a power sharing arrangement.

Question 51

The role of the NI Executive

Answer 51

-agreeing draft programme for govt of NI & setting out govt priorities and commitments to improve economy & society.
-agreeing a draft budget, finance allocations.
-drafting legislation to be passed before NI assembly members. Executive have to reach consensus on how to resolve significant or controversial issues.

Question 52

Regional assemblies

Answer 52

-strengthening local govts by generalising areas more into around 8 assemblies to help channel regional opinions.
-Blair came into office promising to create regional assemblies but
2004 referendum on devolution in the northeast was rejected by 78% of voters so idea was abandoned.

Question 53

Arguments FOR Regional assemblies

Answer 53

-increases local control rather than power to local elites.
-can be held to account by assembly committees.
-would be elected by people in the area= strong mandate.

Question 54

Arguments against Regional assemblies

Answer 54

-create another layer of govt with more politicians.
-few people identify with English regions so it would be divisive.
-lacks public support.

Question 55

Impact of devolution: British constitution

Answer 55

-changed from unitary framework to ‘quasi-federal (devolving some powers, combo of unitary and federal state).
-devolving powers to devolved bodies increases federalism.
-difficult to repeal Parliamentary Acts enabling devolution.
-parliamentary sovereignty has been reduced.
i.e. Scotland Act 2016 has established that WM can’t legislate on devolved powers without consent.

Question 56

Impact of devolution: Policy variation

Answer 56

-reduced WM control on domestic policy beyond England.
i.e Uni tuition, parental use of corporal punishment(banned in Scotland since 2019), income tax rates.
-Lockdown regulations, May 2020:
England allowed 6 people to meet up, Scotland= 8, Wales was unlimited from 2 households, NI= 6-8 people.
-England allowed people to enter other homes whilst Scotland, Wales + NI did not.

Question 57

Impact of devolution: Alternative voting systems

Answer 57

-voting systems other than FPTP have led to coalitions and minority parties.
-could be seen as leading to inhibiting progress or encouraging cross-party cooperation.
-multi-party governance is now the norm in the regions.

Question 58

Impact of devolution: Pressure groups

Answer 58

-consequences on how and where they operate i.e when Scottish Parliament debated and passed law banning smacking of children north of the border.
-Consultation docs sent out to 12 charities, 7 equality organisations, 12 police, legal and HR bodies and 20 medical and care profession organisations, who majority responded and contributed views.
-Children’s charities.
i.e Children 1st were particularly involved in lobbying for passing of the law.
-lobbying has increased in devolved bodies where decision-making is made.