UK GOVERNMENT-DEVOLUTION

What is devolution?

The delegation of power from a centralised body( such as the UK parliament) to a subordinate institution(eg. regional assembly)

What powers can be given to these devolved assemblies?

Both Primary and Secondary

What is Primary Legislation?

What is Secondary Legislation?

-The ability of the assembly to make, introduce and pass laws without the need of the centralised institution(Health, education etc)

-The process through which assemblies can make decisions on how specific pieces of legislation should be implemented

Is devolution entrenched?

No as there is no codified institution and so things have generally been introduced via statute law

How has devolution differed for different areas?

Due to the fact that the devolved assemblies developed due to different events and circumstances they have all been given different powers

What are three points of criteria you can use to judge what type of state something is?

.Extent of policy divergence=Significant differences in laws means the state is more federal and if policy is more uniform then it’s unitary

.Location of Sovereignty=If decision making is firmly in the centre then it’s unitary and if it’s more spread then it’s more federal

.Permanence of the Administration=In a more federal system( US) the rights of the states are generally entrenched through a constitution but in a unitary system their not

What is a unitary state?

A state in which a single government holds sovereignty over aspects of governance

What is a federal system?

A state in which sovereignty is divided between the central authority and the sub national entities

eg. In the US the devolved powers lie with the federal government and reserved powers lie with the states vice versa in the UK

What is a Quasi Federal State?

This is a state which has characteristics from both the unitary and federal systems as while the centralised administration does retain sovereignty there are certain areas of policy which are delegated to devolved assemblies aswell

What is one reason for the development of devolution?

To resolve communal divisions and conflict

What does this mean?

Devolution can help ease tensions in regions with deep-rooted political or sectarian divides by giving all communities a say in governance

Give a piece of evidence that shows how devolution helped this situation

After decades of violence the Good Friday Agreement(1998) established devolution creating the Northern Ireland Assembly in Stormont where both the unionists and nationalists who had been fighting for years in a period called ‘the troubles’ were able to share power with some primary legislative power established

What is another reason for the development of devolution?

To reduce the strain on the central government

What does this mean?

This refers to how by transferring certain powers away from Westminster, the UK government can focus on national and international issues directly impacting the British people

Give an example to support this point

During Covid -19(2020-21) Scotland, Wales, and Northern Ireland had their own devolved governments making independent COVID-19 policies England, however, relied on the UK government, which was responsible for both England-specific policies and UK-wide matters hence leading to inefficiency in policies and causing 20,000 deaths in first wave

What was the final reason?

To increase re-election chances for the government

What does this mean?

This refers to how governments often strategically support certain causes to appeal to groups or communities who may be able to aid them in gaining power

Give a piece of evidence to back this up

As part of the ‘New Labour’ ideology they moved away from strictly socialist views and embraced an approach that balances the free market and social justice to be seen as a party of reform and local empowerment hence leading to Labour’s landslide victory in 1997 winning a majority of 179 seats under tony blair

What is symmetric and asymmetric devolution?

Symmetric devolution refers to a system where all regions or constituent parts of a country receive the same level and type of devolved powers from the central government vice versa for asymmetric.

What primary legislative powers were Scotland given?

Control over areas like Justice, policing , health and education etc

-They could also vary the income tax by up to 3p the pound

What caused increased calls for power in Scotland?

The Success of the SNP in the 2011 elections in which they won their first majority since the opening of the parliament with 69 out of the 129 seats.

What did the 2012 Scotland Act do?

It expanded tax raising powers allowing them to vary their income tax + or - 10% of the UK rate

Why was the Scotland 2016 Act established?

The success of the SNP in the UK general election of 2015 winning 56 seats in the UK parliament and also arguing for a ‘devo max’ which would have given Scotland full control over domestic issues but still be part of the UK in terms of foreign affairs etc

What did the Scotland 2016 Act establish?

It gave Scotland more primary legislative powers over abortion etc and also they could create their own independent income tax rates which led to the introduction of a five band system which included a 46% tax on those earning 150,000 pound and over.

How was the Welsh Assembly established?

What act established this assembly?

-Following the referendum in Wales for devolution the Welsh Assembly was established in 1998 in Cardiff but due to only half of the electorate voting in a 50.2% turnout the powers delegated were less substantial.

-The Government of Wales Act 1998

What powers did this Act give Wales?

Only secondary legislative powers over things such as agriculture, education and housing etc.

What did the Wales 2014 Act do?

It gave the Welsh Government tax raising powers over things such as Stamp duty and landfill tax as well as giving the Welsh Government new borrowing powers of up to £500 million for capital investment, such as infrastructure projects.

What did the 2020 Act establish?

The Senedd was given full control over its electoral system which included the voting age which was changed to allow 16 and 17 yr olds to vote in Senedd elections

-The name of the Assembly was changed from the Welsh Government to the Welsh parliament

What did the Good Friday agreement establish?

Equal Treatment for all sides aswell as special provisions to maintain peace which was approved by 71% of all the people in May 1998 hence creating the Northern Ireland Assembly in Stormont with a 12 person multi- party power sharing executive.

What powers was the Assembly given?

They were given primary powers over many key areas including: health, education which allowed to legislate on transferred matters which cover around 60-70% of domestic policy and so between 1998 and 2002, the Assembly passed over 100 pieces of legislation

What hinders the effectiveness of Stormont?

It has been suspended 8 times since 1999 and was dissolved in 2022 following the resignation of the DUP first Minister Paul Givan over the Northern Ireland protocol in the Brexit Agreement

-This handed control of Northern Ireland back to Westminister

What Premises do you use to look at how successful devolution has been?

-Parliamentary Sovereignty

-Representation

-Rights Protections

-Unity between devolved assembly and Westminister

How could you show that devolution has been successful in terms of representation?

It has allowed divergence in policy to represent the different views and cultures of the specific areas eg. Scotland as more left- leaning has a 46% income tax for those earning 150,000 and over

How about in terms of parliamentary sovereignty?

In Scotland they wished to pass the Gender Recognition Reform Act 2022 removing the requirement for a medical diagnosis of gender dysphoria pre- transitioning , but this was struck down in Parliament in Westminster under Section 35 of the SCOTS 1998 Act

How else can devolution be shown to improve rights?

Devolution was crucial to ending the Troubles, a period of sectarian conflict. The Northern Ireland Assembly allowed both unionists and nationalists to share power and the agreement reduced support for extreme factions and also incorporates the Good Friday Agreement’s human rights framework, including a commitment to uphold and protect the European Convention on Human Rights

How could it be shown to be unsuccessful in terms of unity?

Despite devolution, Scotland’s desire for independence has grown, with the SNP (Scottish National Party) dominating elections since 2007.Calls for a second independence referendum (IndyRef2) persist, showing that devolution has not satisfied nationalist ambitions but instead strengthened separatism.

How could you show its lack of success in terms of representation?

Despite the fact that Scotland and Northern Ireland voted against Brexit in 2016( 62% remain in Scotland, 56% remain in Northern Ireland) and they had no direct role in subsequent negotiations

How else is a lack of representation shown?

In the UK 2019 general election they had a 67.3% nationwide turnout in terms of votes, meanwhile in the subsequent elections in 2021 for both Wales and Scotland the turnout was just over 60% and 40% respectively

How about in terms of parliamentary soveriegnty?

The Sewel Convention states that Westminster "will not normally legislate on devolved matters without the consent" of the devolved legislature.Though legally non-binding, it has become a powerful political norm and the UK and when the UK goes ahead without the consent of the devolved assemblies they often face heavy backlash

What is the counter to this?

The Eu withdrawal Bill included clauses that would temporarily freeze some devolved powers (like agriculture and fisheries) and scotland refused to give consent Despite this, Westminster passed the Bill anyway — without Holyrood’s agreement( this was the first time this had happened)

What is the West Lothian Question?

Is it fair that devolved assemblies have seats in parliament and can vote on things that effect solely England meanwhile English Mps cannot do the same for them?

What method was used to solve the West Lothian Question?

The Introduction of an English Votes for English Laws( EVEL) which became a standing order in the House in 2015 which meant the speaker would decided whether a bill is an England only one which would then be considered in a Legislative Grand Committee where MPs from English constituencies could block or veto them.

Why was this Scrapped?

-Bills still required majority support in the House of commons which involved all MPs

-It created different classes of MPs

What is one reason for an English Parliament?

What does this mean?

To solve the West Lothian Question and create fairness

-The West Lothian Question arises from the fact that Scottish, Welsh, and Northern Irish MPs in Westminster can vote on laws affecting only England, whereas English MPs cannot vote on similar matters devolved to the other nations.

• This creates asymmetry in UK governance and raises concerns about democratic legitimacy.

Give an example to back this up

-In 2014, Scottish, Welsh, and Northern Irish MPs were able to vote on changes to NHS funding in England, despite healthcare being a devolved matter in their own nations. This measure passed with support from Scottish Labour MPs, despite opposition from a majority of English MPs.

What is another reason for an English Parliament?

What does this mean?

-Strengthening English Identity and Representation

England lacks its own political representation and decision-making body

Give an example to back this up

Via standing order in the House(2015) the conservatives introduced EVEL whereby the speaker would decide whether a bill was an English only one which would then be considered in a legislative grand committee where MPs from English constituencies could veto them but this still would require votes from all MPs

What is the third reason for a UK parliament?

-To increase government efficiency

-A separate English Parliament would allow Westminster to focus solely on UK-wide matters like defence and foreign policy, while devolving domestic issues like health, education, and transport fully to an English legislature.

Give an example to back this up?

During Covid -19(2020-21) Scotland, Wales, and Northern Ireland had their own devolved governments making independent COVID-19 policies England, however, relied on the UK government, which was responsible for both England-specific policies and UK-wide matters thus leading to 20,000 deaths in the first wave