fs4: devolution

what is devolution?

it is the decentralisation of governmental power, transferring powers and funding from national to local government

when was devolution granted to scotland?

approved by referendum in 1997

what was the support rates for the creation of a Scottish parliament?

74% to 26%

approval rate for Scotland having tax-varying powers?

74% to 26%

63% to 36%

what does the Scottish parliament look like?

-Elections held every five years;

-Additional Members System electoral system elects 73 constituency MSPs and 56 regional MSPs on 8 regional lists.

-A more proportional system than FPTP.16 and over can vote (unlike in UK general elections, which is 18+).

-Tax raising powers, initially +/- 3% income tax rates in the rest of the UK; now +/- 10%

what does the scottish government look like?

-Led by the First Minister, drawn from the Scottish Parliament, with its own civil service.

-Scotland retained 59 seats in the House of Commons

what were the approval ratings for devolution to Wales?

50.3% in favour; 49.7% against (6,721 vote majority).

what did the govt of Wales act 1998 do?

-created national govt for Wales- 'corporate body' with power to make only secondary legislation in areas provided for by acts of parliament

-no separation between the executive and legislature

-ams electoral system with 60 members

-senedd Cymru act 2024: changed the electoral system for the 2026 elections

what did the government of Wales act 2006?

Power to Make "Assembly Measures" in designated areas of policy if approved by a legislative competence order approved by the Assembly, Secretary of State for Wales, the UK Parliament and the Privy Council.Created a separate "Welsh Government" accountable to the Welsh Assembly.

Referendum in 2011 approved by 63% to 37%, for the Welsh Assembly to enact "Acts" in the 20 policy areas devolved to the Assembly.

"Conferred powers" model.

what did Richard Rawlings call the lack of separation between the executive and legislature?

"Downright peculiar"

what did the Wales act 2014 decree?

Gave the Assembly the power to vary the rates of income tax by 3%s 4(2)(a): renamed the Welsh Assembly Government to "Welsh Government".

what did the Wales act 2017 cause?

Increased the power to change income tax by 10%.

Gave the power to change the name of the Assembly to "Welsh Parliament" or "Senedd Cymru".

Enacted by the Senedd and Elections (Wales) Act 2020, s 2.

Introduced the 'reserved powers' model followed in Scotland and Northern Ireland.

Inserted a formal recognition of "Welsh Law" into the Government of Wales Act 2006, s A2.

what did the Northern Ireland act 1998 create?

-created the Northern Ireland Assembly;

-Originally 108 members, now 90, with 18 constituencies returning 5 members, using the single transferable vote.Elections are held every five years.Members designate themselves into 'blocks' as "Nationalist"; "Unionist" or "other".

what does the Northern Ireland executive look like ?

Joint heads: First Minister and a deputy First Minister. Up to ten ministerial positions proportionate to party strength in the assembly. Intention is to create a 'power sharing' executive between the Nationalist and Unionist Communities.

selection of first minister and deputy minister in Ireland

either:

First Minister: The leader of the largest party in the largest 'block'; deputy First Minister: The leader of the largest party in the second 'block'.

Or, if the largest party in the assembly is not part of the largest block, then

First Minister is the leader of the largest party in the assembly; deputy First Minister is the leader of the of the largest party in the largest 'block'.

what did the 2022 election mean for ni?

After 2022 election (formed in 2024).

Unionists Block: 37 seats, with DUP holding 25 seats: Leader Emma Little-Pengelly deputy First MinisterNationalist Block: 35 seats with Sinn Féin holding 27 seats): Leader Michelle O'Neil First Minister.

what model do all three legislatures operate on?

a reserved powers model; anything not reserved to Westminster is devolved. this is subject to specific reservations and differ between Scotland and Wales.

what are the expected and reserved matters for ni?

-expected matters; remain at Westminster

-reserved matters: the assembly can legislate (subject to the approval of the Secretary of State and Westminster) justice and home affairs was transferred to the assembly

what happened in the case of the Imperial Tobacco Ltd v Lord Advocate (Scotland) [2012] UKSC 61?

a challenge to the Tobacco and Primary Medical Services (Scotland) Act 2010, as it restricts how tobacco products can be sold and displayed. Argued that this touched on a reserved matter, the 'sale and supply of goods' and 'product safety and liability'.

what 3 principles did lord hope outline when addressing such a question?

At [13]: Must consider the Scotland Act itself. The courts don't decide whether an issue is better decided by the Scottish or Westminster Parliaments;At [14]: Consider the ordinary meaning of the words used.

referring a bill

-Scotland Act 1998, s 33, a bill can be referred to the Supreme Court if it is believed that it is outside the competence of the Scottish Parliament.

-Wales: Government of Wales Act 2006, s 112; -Northern Ireland: Northern Ireland Act 1998, s 11

give an example

for example: In 2022, the Scottish Government published a draft Scottish Independence Referendum Bill providing for an 'advisory referendum', asking the question, "Should Scotland be an Independent Country'.

what was the result of the 2014 Scottish referendum?

44.7% in favour; 55% against independence.

the uk governments blocking power

Scotland Act 1998, s 35: Gives the Secretary of State the power to prevent a bill from being submitted for royal assent if:

it is incompatible with the UK's international obligations, national security or defence interest, or would have an 'adverse' effect on reserved matters.

what's the deal with the gender recognition act?

-The Secretary of State vetoed the Gender Recognition Reform (Scotland) Bill that would make it easier to acquire a Gender Recognition Certificate in Scotland.

-The Bill was within the competence of the Scottish Parliament, but the concern was the effect on reserved matters, including fiscal, economic and monetary policy, social security schemes, and equal opportunities, as well as generally the difficulties of there being two different schemes operating within the UK.

-The Secretary of State's decision was judicially reviewed, and found to be lawful, in particular not 'irrational'.

what is the relationships between the uk parliament and devolved legislatures?

legislative consent motions (sewel convention)

The UK Parliament retains the power to legislate any law for Scotland, Wales and Northern Ireland.

Scotland Act 1998, s 27(7): Maintains parliamentary sovereignty.Equivalent provisions in Northern Ireland Act 1998, s 5(6); and Government of Wales Act 2006, s 107(5)

But, as a constitutional convention, the UK Parliament would only legislate if it obtained the consent of the Scottish or Welsh Parliaments or the Northern Ireland Assembly

dynamics of devolution: asymmetrical devolution

The independence movement in Scotland has been a more potent force than in Wales, leading to increasing powers. Welsh devolution has been a more gradual process.

2014: Scottish independence referendum; rejected independence by 55% to 45% on a turnout of 85%.

As we have seen, the Scottish Parliament does not have the power to unilaterally 'call' a referendum.

devolution dynamics: snp performed poorly at 2024 general election

Independence off the agenda (for the time being?)Next Scottish Parliament elections in 2026.

devolution dynamics: Brexit and devolution

-Scotland voted to remain, a position maintained by the SNP Government.

-Legislative Consent motions were not granted for the European Union (Withdrawal) Act 2018; European Union (Withdrawal Agreement) Act 2020; and Internal Market Act 2020.

-The UK Government preceded with the legislation anyway.

devolution dynamics: ni protocol and the Windsor framework

-Core problem of maintaining an open border with the Republic of Ireland.

Northern Ireland Protocol, applies provisions of EU law to Northern Ireland only so that goods can flow to the Republic without checks.

In turn, this requires goods from Great Britain to Northern Ireland to be subject to requirements that they comply with EU law, or not 'at risk' of entering the EU.

Threat to Northern Ireland / GB trade?

Windsor Framework removed several of the checks and requirements of the Protocol and introduced the 'Stormont Break', allowing the Assembly to disapply some EU rules as they are amended or replaced.

devolution dynamics: labour 2024 manifesto

Promised the establishment of a Council of the Nations and Regions. First met in October 2024.English Mayors, meet four times a year. First met in October 2024.

devolution dynamics: England and the West Lothian question

-England has no devolved legislature, with the UK Parliament becoming the de facto English legislature.

-2004: Higher Education Bill, which increased university tuition fees in England was passed by the House of Commons 316 to 311 votes, with 46 Scottish MPs voting in favour.

-'English Votes for English Laws': applied between 2015 to 2021.

During the initial stages of Covid (at least) the UK Government did not make clear that it was speaking for England only, as the response to Covid was (largely) a devolved matter.

does England need devolution?

-England is one of the most centralised countries in the world.

-Attempts at 'devolution' to England failed. Proposal for a Regional Assembly in North East of England failed in 2004 by 78% to 22%.

what did the Greater London act do 1998?

Created the Greater London Authority, formed of the Greater London Assembly and the Mayor of London.Approved in a referendum by 72% to 28%.Provides a London-wide strategic government with administrative and policy-making powers in areas including; transport, housing, planning, environment and waste, culture, policing, fire.

what did the cities and local government devaluation act 2016?

Enabled the creation of 'Combined Authorities' (city regions?).

11 combined authorities, with four to be introduced in 2025.

Allows local authorities to work together on cross-boundary issues; including; further education, business, support, planning and land use, transport.

Manchester, West Midlands have some powers over housing.Manchester also has some responsibility for health.

what is the administrative form of devolution: dealing with central government?

Very limited tax raising powers, dependent on the UK government for funding.

What about areas with no combined authorities?