UK Politics- Devolution

What is Devolution?

The delegation of power from a centralised body to a subordinate institution.

What powers can be delegated to subordinate institutions?

Primary Legislative Powers- Refer to the authority to make, change, or repeal laws without needing approval from a higher body. E.g Health, Education some institutions male laws regarding this without the consultation of the central government.

Secondary Legislative Powers- Refer to the ability to create deailed rules and regulations under laws already made by a higher authority. E.g ability to set speed limits.

Why is devolution not entrenched?

It is not entrenched as there is no codified cconstitution, so policies are usually introdued via statue law.

Why is the level of devolution different around the UK?

Devolution varies across the UK becasue each devolved state emerged due to a certain circumstance or event, therefore the different states have different devolved powers.

3 different classifications of a devolved state?

• Unitary- A state whereby a single central governemnt holds all sovereignty over all aspects of government

• Federal State- A state in which sovereignty is divided between a central authority and sub-national entities

• Quasi-Federal- A mix of a federal and unitary system

3 different criterias to determine the classfication of a state? (ALSO 3 DIFFERENT FEATURES)

• Extent of Policy Divergence- If there are significant differences in the laws around the country, it tends to be more federal

• Location of Sovereignty- If the ultimate decision-making body is firmly centred in the central authority, this is more of a unitary system.

• Permanence of Administration- In a federal system, rights of the states are generally entrenched in a constitution, whereas in a unitary system power can be easily reversed through a simple majority in the centre.

3 reasons for the development of devolution within the UK?

• Communal Divide in Northern Ireland- Refers to the internal seperation in Ireland due to contrasting political views

• Perceptions of Unequal Representation- People were feeling as if they were not being represented.

• Labour Wanting to increase their chance of getting elected- Refers to when Blair added devolution to the centrepiece of his 1997 manifesto

Evidence of the Communal Divide in Northern Ireland?

The Troubles (1969-1998)- this was a violent and deeply entrenched conflict between unionists and nationist.

Evidence of the Perceptions of Unequal Representation

West Lothian Question (1970s–present)

• Scottish MPs vote on England-only laws, but not vice versa — seen as unfair by English voters.

Evidence of Labour Wanting to increase their chance of getting elected?

Implementation of Sctoland ad Wales Act 1998- which gave primary powers to Scottish Parliament and secondary powers to the Welsh Assmebly.

What is symmetric devolution?

Symmetric devolution means all regions receive the same powers and responsibilites from the central government

What is asymmetric devolution?

Asymmetric devolution means different regions receive different levels of power and responsibilites from the central government. THE UK is asymmetric.

What did the Scotland Act 1998 establish?

A Scottish Parliament at Holyrood with 129 members, 73 which were voted for by constituency, and 56 additional members.

Current first minister is Hamza Yousaf

What are additional members?

Additional Members are Members of Scottish Parliament elected from regions to make sure each party’s seats match their overall votes.

What primary legislative powers were given to Scotland under the Scotland Act 1998?

Control over justice, policing, health, education, transport and the environment

Also allowed them to Increase or decrease the basic rate of income tax in Scotland by up to 3 pence in the pound (3p).

What casued 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 rate +10 or -10 % of the UK income tax rate.

Why was the Scotland Act 2016 established?

The Scotland Act 2016 was established following the 2015 SNP victory, where the SNP won a landslide (56 seats out of 59 in Sctoland) in the UK general election. This success highlighted Scotland's demand for greater devolution. In response, the Act granted Scotland more control over areas like income tax, welfare, and oil revenues, increasing Scotland’s financial autonomy within the UK.

What was included within the Scotland Act 2016?

The Scotland Act 2016 gave Scotland more control over key areas like abortion laws and the ability to set its own income tax rates. This led to the creation of a five-band income tax system in Scotland, where the top rate is 46% for those earning £150,000 or more.

How was the Welsh Assembly established?

Which Act established the Assembly?

In a 1997 referendum, people in Wales were asked if they wanted a devolved assembly to make decisions on certain Welsh issues like health, education, and transport. 50.3% voted in favour.

• The Government of Wales Act 1998

How many members are there of the Welsh Assembly?

60 Members, 40 constituency based, and 20 additional members.

The First Minister is Mark Drakeford (Labour)

What powers did the Governemt of Wales Act 1998 give Wales?

Secondary Legislative powers in areas like health, education and transport

What did the Richard Commission do for Wales’ legislative powers?

The Richard Commission (2004) recommended a legal separation between the Welsh Assembly (legislature) and Welsh Government (executive), along with giving Wales primary law-making powers and increasing members from 60 to 80.

What was the Silk Commission (2011-2014)

The Silk Commission (2011-2014) recommended giving Wales more powers, including control over income tax and primary law-making in areas like transport and energy.

What did the Wales Act 2014 do?

The Wales Act 2014 gave the Welsh Government powers to raise taxes on stamp duty and landfill tax, along with borrowing powers of up to £500 million for infrastructure projects.

What did the Wales Act 2017 do?

The Wales Act 2017 gave Wales full control over income tax rates, allowed the Welsh Parliament to be permanently established, but did not devolve powers over policing and justice.

What did the Senedd and Elections (Wales) Act 2020 do?

The Senedd and Elections 2020 Wales Act allowed 16-17 year-olds to vote in Senedd elections, renamed the National Assembly to the Senedd, extended Senedd terms to 5 years, and improved the electoral system for better representation.

What did the Good Friday Agreement 1998 establish?

The Good Friday Agreement (1998), approved by 71% of voters, created a power-sharing government in Northern Ireland with a 12-person executive, ensuring equal treatment for all sides, devolved powers, peace, and cross-border cooperation with the Republic of Ireland.

What powers was Northern Ireland Assembly given?

The Northern Ireland Assembly controls areas like health, education, transport, and justice, while defence, foreign affairs, and immigration remain reserved to the UK government.

What weakens the effectiveness of the Northern Ireland Assembly?

The Northern Ireland Assembly was suspended 8 times since 1999, including in 2022 when DUP First Minister Paul Givan resigned over the Northern Ireland Protocol, causing a government shutdown due to political disagreements over the protocol's impact.

What is the Northern Ireland Protocol?

The Northern Ireland Protocol in the Brexit Agreement aimed to avoid a hard border between Northern Ireland and the Republic of Ireland by keeping Northern Ireland aligned with some EU rules. However, it created customs checks between Northern Ireland and the rest of the UK, which led to tensions.

What premises will you use to determine whether devolution has been successful?

• Policy Divergence → focuses on law-making differences between nations.

• Institutional Stability → focuses on whether the devolved institutions work smoothly or face breakdowns.

• Democratic Accountability → focuses on whether people have more say and power closer to home.

• Preserving the Union → focuses on whether devolution has kept the UK together or encouraged independence movements.

How could you show devolution has been succesful or not in terms of policy divergence?

Devolution has been successful in policy divergence, allowing nations to create laws tailored to their people’s needs, like Scotland scrapping tuition fees.

How could you show devolution has been a success or not in terms of institutional stability

Devolution has faced challenges to institutional stability, especially in Northern Ireland, where the Assembly has collapsed 8 times since 1999.

How could you show devolution has been a success or not in terms of democratic accountability?

Devolution has improved democratic accountability by giving people more control over local issues, like the Welsh Senedd deciding on health and education policies.

How could you show devolution has been a success or not in terms of preserving the union?

Devolution has helped preserve the union by granting more local control, but the 2014 Scottish Independence Referendum highlighted ongoing calls for independence.

What criteria could you use to judge whether devolution has been successful or not?

• Enhancement of Representation: Has local government become more responsive and reflective of regional needs? Success is shown by tailored policies and higher voter engagement.

• Maintenance of Unity: Has devolution reduced calls for independence and kept the UK united? Success is shown by less support for independence and cooperation between regions and Westminster.

What is the West Lothian Question?

The West Lothian Question asks why MPs from devolved nations (like Scotland, Wales, and Northern Ireland) can vote on issues affecting only England, while English MPs cannot vote on matters that only affect the devolved nations.

What method was used to solve the West Lothian Question?

English Votes for English Laws (EVEL), introduced in 2015, allows only English MPs to vote on laws that affect England. However, its effectiveness is hindered because it has created complex procedures in Parliament, and non-English MPs can still influence issues through amendments or subsequent votes, limiting the intended exclusion of devolved nations from purely English matters.

Why was EVEL scrapped in 2020?

EVEL was scrapped in 2020 because it rarely used, created complexity, and led to different classes of MPs. Bills still required a majority in the House of Commons, involving all MPs, making the system ineffective and unpopular.

3 reasons for an English Parliament?

• Addressing the West Lothian Question:
  An English Parliament would resolve the issue of why MPs from devolved nations can vote on English-only issues, while English MPs have no say on matters affecting other regions.

• English Identity and Control:
  An English Parliament would allow for greater control over domestic English policies like health, education, and housing, reflecting England’s distinct identity within the UK.

• Reduce Tensions and Inequality:
  It could reduce the perception of unequal representation, where MPs from Scotland, Wales, and Northern Ireland vote on matters affecting only England, potentially leading to more fairness and consistency in governance.

Evidence to support how an English Parliament will: Address the West Lothian Question?

EVEL (2015) aimed to address the West Lothian Question by limiting votes on English-only issues to English MPs. Its limited use and complexity show the need for a dedicated English Parliament.

Evidence to how an English Parliament will lead to: English Identity and Control.

The 2016 Brexit referendum showed a divide: England voted to leave, while Scotland and Northern Ireland voted to remain. This highlighted the need for an English Parliament to better represent England’s interests in key decisions.

Evidence to support that an English Parliament will: Reduce tensions and inequality

The fact that Scotland, Wales, and Northern Ireland all have devolved assemblies while England does not has led to feelings of inequality and marginalization. An English Parliament would give England the same level of representation and control over its own affairs, reducing tensions between England and the devolved nations.