Devolution

What is devolution?

The transfer of political power but not sovereignty from central government to subnational government

What is the most powerful of the devolved instituions?

Scotland- has primary legislative powers

What are primary legislative powers?

Authority to make laws on devolved policy areas

What powers does the Welsh Assembly have?

• The Welsh Assembly initially had only executive powers, determining how Westminster legislation was implemented in Wales

• After 2011 referendum it gained PRIMARY LEGISLATIVEE AUTHORITY

  • Set to gain tax-raising powers under the Wales Act 2017

What powers does the Northern Ireland Assembly have?

primary legislative powers but only limited powers over tax

Why was devolution introduced?

• After winning the election, Labour government Callaghan responded by holding referendums on the creation of legislative assemblies in Scotland and Wales to approve its policy on devolution

What was the 1979 Welsh referendum outcome?

‘no’ - as only 20% backed an assembly

low public suport reflected skepticism about devolution at that time

What was the Scottish 1979 referendum outcome?

• 52% of those who voted supported devolution

  • HOWEVER only 33% of the Scottish electorate turned out

  • required threshold of 40% of the electorate was not met

What happened after the 1997 GE? (devolution demands)

Blair govt held referendums in Scotland and Wales to approve its policy on devolution

1997 Referendum question in Scotland

Voters were asked whether they supported :

• A Scottish parliament

• Tax-varying powers for the parliament

Outcomes of 1997 Scottish referendum

• 74.3% supported a Scottish parliament

• 63.5% supported tax-varying powers

What was the 1997 Welsh referendum question?

Whether a welsh assembly should be formed

What was the outcome/turnout of the 1997 Welsh referendum?

• 50.3% voted yes to a Welsh Assembly on a turnout of 50.1%

• Much of western wales supported devolution but eastern wales did not

Why was devolution introduced?

• Devolution was introduced to provide an expression for nationalism, silence calls for independence and satisfy calls for greater autonomy and democracy

• Was part of New Labour’s constitutional reform programme to modernise and democratise Britain

• Believed that devolution would result in improved public services and economic conditions

How is the Scottish Parliament set up?

• Has 129 members (MSPs) elected by additional member system

  • 73 MSPs elected by FPTP

  • 56 MSPs are additional members chosen from party lists

    • Elected using PR

• first minister is the leader of the largest party

  • 2024- John Swinney

What did the Scotland Act 1998 do?

• Gave Scottish Parliament primary legislative powers

• In a range of policy areas such as :

  • law and order

  • health education

  • transport

  • the environment

  • economic development

• Westminster no longer makes law on these matters

• Also gave the Scottish parliament tax-varying powers:

  • It could raise or lower the rate of income tax in Scotland by up to 3 pence in the pound

• also established reserved powers- powers reserved for Westminster parl

What did the Scotland Act 2012 do in terms of tax powers?

• Gave the Scottish parliament the power to set a Scottish rate of income tax higher or lower than that in the rest of the uk

What did the Scotland Act 2016 do?

• Devolved control of income tax rates and bands

• Gave the Scottish parliament 50% of the VAT revenue raised in Scotland

• Block grant from the UK treasury reduced as Scotland raises more of its own revenue

What powers were established by the Scotland Act 1998

• RESERVED POWERS- the remain the sole responsibility of Westminster

  • Uk Constituion

  • Defence and national security

  • Foreign policY, Including relations with the Eu

  • Fiscal, economic and monetary systems

  • Common market or for British goods and services

  • Employment legislation

  • Social security

  • Broadcasting

  • Nationality and immigration

  • Nuclear energy

What can Westminster do even to certain devolved Scottish powers, and what does the Scotland act 2016 say about this?

Westminster retains to right to override the Scottish parliament in areas where legislative powers had been devolved. In theory, it could abolish the devolved instituions

• Westminster will not legislate on devolved matters without consent

• Scottish parliament and government cannot be abolished unless approved in a referendum in Scotland

• Scottish parliament and government are a permanent part of the UK constitutional arrangements

What was the question of the 2014 independence referendum?

• Argued that the people of Scotland were best placed to make decisions that affect Scotland and highlighted economic and social policies that an SNP government would pursue

• SNP’s vision = independent Scotland that was part of a personal union with the UK

  • Would retain queen as the head of state

  • keep the £

• HOWEVER it would have its own written constitution and full responsibility over legislation

Which UK parties supported the pro-Union campaign (Better Together)?

• Labour

• Conservatives

• Lib Dems

Outcome and turnout of 2014 referendums

• 18 September 2014

• ‘Should Scotland be an independent country’

• Result was a 55.3% no vote

• 44.7% supported independence

• Turnout of 84.5%

What was the result of the 2014 independence referendum?

The Scotland Act 2016:

• The leaders of the three main UK parties issued a vow to deliver further devolution in the event of a ‘no’ vote

• New powers devolved by the Act :

  • The power to set income tax rates and bands

  • Some additional taxes and duties, including air passengerr duty and aggregates levy

  • Right to receive 50% of the VAT raised in Scotland

  • Control over certain welfare benefits

  • Road signs and speed limits

  • Rail franchises

  • The franchise for Scottish parliament

Problems with lack of powers devolved to Scottish parliament

• The new powers did not go far enough for the SNP and the changes fall short of ‘devo-max’

  • Where the Scottish parliament would have full responsibility for all taxes, duties and spending (full fiscal autonomy)

How is the Welsh Assembly structuresd?

• 60 members elected by the AMS

  • 40 members are elected in single member constituencies using the FPTP system

  • 20 members are elected in 5 multi-member regions using the regional list system of proportional representation

• 1st minister (normally the leader of the largest party in the assembly), heads the government and appoints the cabinet

How often are elections in the Welsh Assembly?

Elections were initially held every 4 years but this was extended to every 5 years by Wales Act 2014

What did the Government of Wales Act 2006 do?

• Enabled the assembly to ask for further powers to be transferred (primary legislative powers) from Westminster in the event of a referendum

• 2011 referendum- resulted in a 64% yes vote

  • Confirmed that devolution is the preferred constitutional option for Welsh electorate

• Following this referendum, the assembly gained the power to make primary legislation in existing 20 devolved areas

  • Had been specified in the Government of Wales Act 1998 :

    • Education, health, transport, the environment and economic developent

  • the Welsh Assembly had only had responsbility over these area, but following the Govt of Wales Act 2006 they obtained PRIMARY LEGISLATIVE POWERS

What is the Silk Commission?

Established by the Conservative- Liberal Democratic UK coalition government to consider the case for the transfer of further powers to the Welsh Assembly

What did the Wales Act 2014 do?

• Put into place the first portion of Silk proposals by devolving control of landfill tax and stamp duty

What did the Wales Act 2017 do?

• Featured proposals made in Second Silk Report

• Renamed the Welsh Assembly the Welsh Parliament

• The Act also created a Welsh Rate of income tax

• Devolved new matters such as : assembly and local government elections, fracking, rail franchising and road speed limits

What powers does Wales have?

• Since the 2017 Wales Act, the Welsh Parliament has gained more powers though it still has fewer powers than the Scottish parliament and NI parliament

• Welsh parliament controls:

  • Health and social service

  • Education

  • The environment

  • Housing

  • Economic development

  • Collects 10% of wales income taxes

• however it doesn’t control law and order like the Scottish parliamentcan

How is politics and government in Northern Ireland different from elsewhere in the UK? (4)

• Communal conflict

• Distinctive party system

• Security

• Separate system of government

How does NI’s communal conflict make it politically different to the UK?

• Main political divide is between unionists and nationalists

  • Unionists want NI to be remain part of the UK

  • Nationalists wants NI to be united with Ireland

• usually unionists= Protestant

• Nationalist= catholic

How does NI’s distinctive party system make it politically different to the UK?

• Elections are contested between unionists and nationalist parties

• Main electoral issue is the constitutional status of NI

• Main UK parties tend not to field candidates in NI elections

How is NI’s security make it different to the UK?

• Terrorist campaigns by republican and loyalist paramilitary orgs killed a lot of people during the Troubles

• British soldiers patrolled the streets for decades

• The IRA has adhered to a ceasefire since 1995 but some breakaway groups remain active

How does NI’s separate system of government different to the UK>

Devolution is designed so that unionist and nationalists parties share power

When was power-sharing devolution in Northern Ireland established?

Following the 1998 Good Friday Agreement, with the aim of achieving peace between both parties.

• The first minister is usually the leader of the largest party in the assembly

• Deputy minister is from the second largest party

• This agreement therefore ensures power sharing and means cross community support is required for the government to work

What powers does the NI Assembly have?

• In 1998, NI was given primary legislative power over areas not reserved from Westminster

• Does not have major tax-raising powers

• Corporation tax devolved in 2015

• However it , like Wales, has service devolution:

  • Control over health and social services, education, environment, housing, economic development

How is the NI Assembly structured?

• Consists of 108 members

• Elected by STV system of PR

• Number of assembly members: 90 MLAs (Members of the Legislative Assembly)

• Elections held every 5 years but this depends on the maintenance of the power sharing agreement as seen in 2017

Why is the NI government fragile?

• There are frequent suspensions when the parties refuse to work with one another

• During these suspensions, government functions are decided directly by the government in Westminster, during which some significant changes have been made, including legalisation of same sex marriage

Evidence of fragility of the NI power sharing system

• One minister cannot function without the other:

  • Paul Givan resigned as first minister in 2022 in protest over post-Brexit trading agreements, meaning Michelle O’Neill automatically lost her position as deputy minister

• Suspensions:

  • From 2002-2007→ devolution was suspended and NI was ruled by direct rule from Westminster for 5 years

    • Because in 2002, there were allegations that unionists were spying on government

  • 2x 24-hour suspensions in 2001

Most frequent NI government suspension?

• The Ni government has been suspended since Feb 2022

Potential further reforms

• Further devolution is unlikely since catholics oppose it, and catholics outnumber Protestants

Proposed solutions to the English Question

• English Parliament

• "English Votes for English Laws" at Westminster

• Elected regional assemblies

What would an English Parliament do?

• England is the only part of UK not to have own devolved parliament

• Eng Parl would have legislative powers over domestic Eng issues

• English exec / gov could also be created to implement policy

• Little support for Eng parl within major political parties but is favoured by UKIP

• could sit in Westminster or outside lodon

Arguments FOR English Parliament

• Would complete devolution within UK + resolve "English Question"

• Would create more coherent system of devolution, with federal UK Parl + gov responsible for UK-wide issues, rather than combined with English issues

• Would give political + institutional expression to English identity and interests

Arguments AGAINST English Parliament

• Would create additional layer of gov - create tensions between UK gov + English parl

• "Devolution all round" wouldn't create coherent + equitable system because England= much bigger than other UK nations

• Only limited support in Englandfor English parliament

what is the West Lothian Q?

Why should Scottish MPs be able to vote on English matters at Westminster when English MPs cannot vote on matters devolved to the Scottish parliamen?

proposed by Tom Dalyell, MP for West Lothian in 1970

"English Votes for English Laws" at Westminster

• MPs no longer make laws on devolved matters

• West Lothian Question: why Scottish MPs can vote on England matters when English MPs can't vote on Scot Parliament matters?

• 2003-4: legislation on uni tuition fees in Eng wouldn't have passed without votes from Scot Labour MPs - argued that changes to public spending in Eng would affect Scot spending

• Tories have argued for EVEL since devolution - would intro special procedures in HoC for dealing with legislation that affects only England

what would EVEL introduce?

• in Oct 2015, MPs voted to introduce a ‘double veto’

  • Bills certified by the speaker as England-only are considered in a Legislative Grand Committee

    • additional stage of legislative process where English MPs can veto them

problems with EVEL

• would create 2 classes of MPs

• decisions like made on public spending in England may still affect funding in the rest of the UK

• would make it more difficult for govt with small maj to deliver manifesto commitments

  • only 6/19 govts since 1945 have had enough MPs from England to give them an overall parl maj

McKay Commission

• Established by Tory-Lib Dem coalition

• 2013: recommended that parliamentary procedures be adapted so that majority of English MPs is needed to pass legislation affecting only England

• Oct 2015

  • MPs voted to intro EVEL. Bills certified by speaker as England -only considered in additional legislative stage where English MPs can veto them.

  • Will still require maj support in HoC + devolved MPs can vote on them

• Jan 2016:

  • new procedures used for 1st time for parts of Housing and Planning Bill

• EVEL opponents claim that it creates diff classes of MPs + would make it more diff for gov with small parl maj to deliver manifesto commitments

Elected regional assemblies

• Blair gov planned to create directly elected assemblies

• Plans scrapped after 78% of voters were "no" in 2004 referendum

Arguments FOR elected regional assemblies

• Would bring decision making closer to the people + address differing interests of Eng regions

• Would create more balanced devolution settlement within UK because Eng is too large to have its own parliament

• Would enhance democracy as regional assemblies would take over functions of unelected quango (an NGO)

• Certain areas (Cornwall, Yorkshire) have strong sense of regional identitY

• Regional assemblies could be catalyst for econ + cultural regeneration

Arguments AGAINST elected regional assemblies

• Few areas of Eng have strong sense of regional identity

• Would break up Eng + fail to provide expression for English interests

• Would cause tensions between regional + local gov

• Regional assemblies dominated by urban rather than rural interests

• Little public support for creating regional layer of gov in Eng

Local government in England

• Local authorities = lowest gov level in UK.

• The Only elected branch below central gov in England

• Greater London Authority has responsibility for econ development - consists of directly elected mayor + London Assembly.

  • Mayor sets budget + determines policy for authority.

    • Current London Mayor is Labour's Sadiq Khan

• 2016: only 16 local authorities outside London had directly elected mayors

• Local authorities responsible for day-to-day services - eg. education ,housing, social services, road and tranport

  • LAs organise + regulate provision via housing associations + academy schools

what are combined authorities

• consists of adjoining local councils

• granted additional funcing and policy making powers such as transports, health, economic devel, policing but do not have law making powers

• e.g. Greater Manny combined authority was created in 2011 and a further 10 agreed by 2016

struture of local govt in 2016

• 55 unitary authorities

• 27 county councils

• 201 district councils

• 36 metropolitan borughs

How has devolution created a new relationship between UK nations?

• Provided institutional recognition of distinctiveness of these nations while reflecting their membership of Union

Impact of devolution on UK politics

• Quasi-federal UK

• Policy divergence

• Funding

• Britishness

Impact of devolution on UK politics - quasi-federal UK

UK is quasi-federal state :

• Limited parliamentary sovereignty:

  • Westminster legally sovereign as it can overrule / abolish devolved bodies

  • In practice, no longer sovereign over domestic matters in devolved regions

  • 2016 Scotland Act established that Westminster can't legislate on devolved matters without consent

  • SA constrains parliamentary sovereignty by saying that devolution can only be overturned via referendum - popular sovereignty

• Quasi-federal parliament:
  Westminster operates as Eng parliament - makes domestic law in Eng but is federal parl for devolved regions because it retains reserved powers on UK-wide issues

• Joint Ministerial Committee: UK ministers + devolved counterparts meet to consider non-devolved matters + resolve disputes

• Supreme Court: resolves disputes over competences by determining if devolved bodies acted within their powers

What does Quasi-federal mean?

• the central government of a unitary state devolved some of its powers to sub-national govt

• has some features of a unitary state and some of a federal state

Should the UK become a federal state? - YES

• Would provide coherent constitutional settlement for UK + its nations, establishing clearer relationship between UK gov + devolved govts of England, Scotland ,Wales and ni

• Establishing federal state would resolve some anomalies (Eg. West Lothian Q) that have arisen under current devolution approach

• Creating English parl + gov as part of federal UK would answer "English Question"

• Status of Westminster would be clarified - federal parl dealing with issues such as border control, defence and foreign affaris

• Lords could be reformed

  • chamber representing devolved nations or abolished

Should the UK become a federal state? - NO

• Federalism works best in states with no dominant nation unsuitable for UK as England is much bigger

• English Parl would rival Westminster Parl

  • especially if diff parties were in gov in Eng + UK

  • English MPs could still be a maj at Westminster

• Measures to reduce dominance of Eng would be problematic + unpopular

• Disputes over funding would occur

• Little public support for federal UK - devolution is preferred constitutional choice for devolved voters

Impact of devolution on UK politics - policy divergence

- Devolved govs have introduced policies which differ from Eng
- Scot Parl's power on tax raise prospect of further divergence
- Policy diffs can be good - devolved institutions respond to electorate's concerns
- BUT divergence may undermine principle of equal rights for UK citizens - eg. Eng is only part of UK to have prescription charges

Impact of devolution on UK politics - funding

• Devolved administrations funded by block grants from UK Treasury

• Barnett formula translates changes in public spending in Eng into equivalent changes in block grants for devolved nations

• Scot, Wales + NI receive more public spending per head of pop than Eng

• Critics say that this is Eng subsidy of rest of UK BUT Scot + Wales have tight public spending - Barnett formula doesn't take into account relative needs (eg. living standards)

Impact of devolution on UK politics - Britishness

• Umbrella identity that provides common bond between UK while maintaining distinctive national identities

• Devolution increased no of people identify as Scot / Welsh / Eng

Has devolution undermined the Union? - YES

• Piecemeal approach to devolution has meant that problems (eg. West Lothian Q) haven't been addressed

• Insufficient attention to benefits of Union in post-devolution U

• Rules on policy coordination + dispute resolution aren't clear enough

• Policy divergence undermined common welfare rights in UK

• SNP is dominant party in Scot - support for Scot independence increased

• Devolution settlement seen as unfair

Has devolution undermined the Union? - NO

• Devolution answered Scot / Welsh / NI demands for greater autonomy - decision making brought closer to the people

• Devolution proceeded relatively smoothly - no major disputes between UK gov + devolved bodies

• Policy divergence reflects diff interests of UK nations - successful initiatives in 1 nation can be copied

• Preferred constitutional position for voters in Scot / Wales / NI

• Delivered peace + power sharing in NI after 30 years of instability

Why did 2016 Brexit referendum cause further problems about devolution?

• Maj of voters in Scot + NI voted "remain"

• Maj of voters in Eng + Wales voted "leave"

• Then-leader of SNP Sturgeon argued that Scot shouldn't be forced out of EU against its will. Called for 2nd referendum on Scot independence