Paper 2- rights reform, electoral reform, devolution (copy)

What did the Belfast Agreement of 1998 do?

Also known as the good Friday agreement, it restored the province’s devolved powers.

What measures were in place to ensure equal representation for the Northern Ireland Assembly and Executive?

• STV was introduced to ensure that all sectors of a divided society would be represented.

• Executive was based on power sharing, meaning there is no possibility that any single party could gain an overall majority.

What powers were devolved to Northern Ireland?

Transport, Healthcare, Agriculture, Sponsorship of the Arts, Education administration and The passage of laws not reserved to Westminster.

What happened in 2002 regarding devolved powers and Ireland?

The UK government dissolved the Northern Ireland Assembly due to tensions between the two communities and the failure of ministers from the two communities to cooperate with each other.

What events since 2002 show the fragility of devolution in Northern Ireland?

Problems emerged in 2017, following the renewable heat incentive scandal.

What event led to the Scotland Act 1998?

In 1997 a referendum was held in Scotland to gauge support for devolution, asking if they wanted a Scottish Parliament with law-making powers and if they wanted it to have tax-varying powers. They voted very much in favour of the questions and the following year the Scotland act was passes, granting devolution.

What powers were devolved to Scotland in 1998?

Healthcare, education, public transport, power to make civil and criminal laws, and power over local authority services etc…

Why was the Scotland Act 1998 significant?

Because a new electoral system was introduced for the Scottish Parliament- and additional members system.

The government of Scotland would be formed by the largest party in the Parliament or by a coalition.

Its more representative.

What event led to the creation of the Scotland Act 2016?

The conservatives, labour and liberal democrats all pledged to increase devolved responsibility and power to Scotland.

What powers were devolved from the Scotland Act 2016?

• Power over the regulation of the energy industry transferred to Scotland.

• Control over a range of welfare services including housing and disability.

• Control over the receipts from VAT collected in Scotland.

Why was the Scotland Act of 2016 significant?

• Represented a large transfer of powers and freedom of action.

• It means that the Scottish government have an enormous amount of administrative, legislative and financial autonomy.

What was the situation before the separation of the judiciary and government was brought in- (The Constitutional Reform Act 2005)?

Seen as crucial that there be a clearer separation between the senior members of the judiciary and the government. The position of the Lords Chancellor has been ambiguous. He or she was a Cabinet minister and senior member of the governing party.

What was the situation after the separation of the judiciary and government was brought in- (The Constitutional Reform Act 2005)?

The judicial role of the Lords Chancellor was largely removed. The post was combined with that of justice secretary, a cabinet post, but the holder ceased to have a judicial role- instead in charge of justice policy.

What was the situation before the Supreme court was brought in- (The Constitutional Reform Act 2005)?

The highest court of appeal had been the House of Lords when it met as a court rather than as part of Parliament. The senior law lords would hear important appeal cases, often with great political consequences.

What was the situation after the Supreme court was brought in- (The Constitutional Reform Act 2005)?

The Supreme court was opened in the autumn of 2009 and began work immediately to establish its new independence. The new court has the same powers as the old House of Lords.

What was the situation before the Appointment of Senior Judge was brought in- (The Constitutional Reform Act 2005)?

There was opposition to the continued practice of senior appointment to the judiciary being in the hands of politicians- mainly the lord chancellor and the PM.

Constant danger that appointments might be made on the basis of the political views of prospective judges rather than on their legal qualifications.

What was the situation after the Supreme court was brought in- (The Constitutional Reform Act 2005)?

A judicial appointments commission was set up to ensure that all candidates should be suitable, using legal considerations. The government has the final say on who shall become a senior judge.

What is the Additional Members System?

Its a form of proportional representation which aims to give political parties a share of representatives in proportion to their share of the vote.

How many constituencies are there in Scottish Parliament?

73

How many electoral regions is Scotland divided into?

8

How many MSPs does each Scottish electoral region have?

7

How does the Additional members system work?

With AMS, voters are given a ballot paper which asks them to record two (‘X’) votes. The first vote is for an area or constituency MSP. In the constituency vote, the person with the most votes wins. There are 73 constituency MSPs. Under AMS, voters are also given the opportunity (a second vote) to vote for a political party.

What’s the Single Transferrable Vote System?

It is used to elect members of the Northern Ireland Assembly and local councils. Multi-member constituencies are required for ST which means constituencies elect several representatives rather that just one.

How does the Single Transferrable Vote System work?

Voters rank candidates in order of preference by marking 1, 2, 3 and so on next to the names of candidates on a ballot paper. A voter can rank as many or as few candidates as they like or just vote for one candidate. Each candidate needs a minimum number of votes to be elected. This number is calculated according to the number of seats and votes cast and is called a quota. The first preference votes for each candidate are added up and any candidate who has achieved quota is elected. If a candidate has more votes than are needed to fill the quota, that candidate’s surplus votes are transferred to the remaining candidates.

What happened in 1997 regarding the House of Lords Reform?

The government of 1997 wanted to reform the House of Lords quite radically but had to move in two stages in order to persuade the House of Lords to vote for its reform.

What happened in 1999 regarding the House of Lords Reform?

The House of Lords Act in 1999 reduced the number of hereditary peers to 92.

What happened in 2000 regarding the House of Lords Reform?

The number of members of lords reduced from 1330 to 669. This meant that the lords became more professional and efficient.

What happened in 2015 regarding the House of Lords Reform?

Another act which allowed the lords to remove someone who had breeched the code of conduct.

What happened in 2020 regarding the House of Lords Reform?

105 peers had used the 2014 Act to retire or resign. 6 were expelled for non-attendance.

Give examples of select Committee’s…

• Constitution committee.

• Economic affairs’ committee.

When was a Backbench committee established?

In 2010. This gave MPs control over twenty Parliamentary days to debate issues of their choosing.

What did the Recall of MPs Act 2015 do?

Allowed constituencies to recall an MP who had been involved in some kind of misbehaviour. The act required a petition supported by at least 10% of the MPs constituents to set the process in motion.

Consequences of the 2015 Recall of MPs Act?

If an MP is imprisoned or suspended from the House of Commons, they may be subjected to a by-election, which they would be likely to loose and so loose their seat.

What did the fixed term Parliament Act of 2010, passed in 2011 mean?

The act meant that there could be disagreement within government without the danger of it falling apart.

What is the background of the European convention on Human Rights?

Created in 1950 and came to force in 1953.

Protects Human Rights of people in Europe.

The convention consists of numbered articles naming human rights.

What are residual rights?

You have the right to do anything that isn’t against the law.

What’s the Freedom of Information Act 2000?

The act gave government the right to conceal information if it might prejudice the activities of government. The onus is the outsider to prone that the document or information should be released.

What is the Alternative Votes (AV) system?

On the ballot paper, people number the candidate in order of preference. If no candidate gets over 50% then the lowest scoring candidate is out and their second preferences are re-distributed. The process is repeated until a candidate reaches 50% of the vote. It means that the voting system is proportionate and fair.

Impacts of the constitutional reform act:

• A more explicit separation of powers.

• Division of powers.

• Senior Judiciary has an identity which is distinct from the executive.

What is devolution?

The transfer of powers to a lower level, especially by central government to local or regional administration.

How has devolution occured in Wales from 1997?

In 1997, 50.3% of Wales voted for the creation of a devolved National Assembly for Wales, brought about by the Government of Wales act 1998. Following the Government of Wales Act 2006, the assembly gained the ability to pass primary legislation.

What is secondary legislation?

Law created by ministers under powers given to them by an ACT of Parliament.

What is primary legislation?

term used to describe the main laws passed by the legislative bodies of the UK.

Following the government of Wales Act 1998, what powers were devolved to Wales?

Health, education, local authority services, public transport and agriculture.

What happened during the 2014 government of wales act?

There was a referendum to decide whether the government of Wales should have partial control over income tax.

What was the 2017 government of Wales Act for?

It gave greater powers to the Welsh Assembly and more autonomy in what was considered governing competency.

When was the referendum for Scottish independence held?

18th September 2014

What side wone the Scottish independence referendum?

The no side- Scotland did not gain independence.

Why was devolution of Northern Ireland so different?

Because the devolution settlement was part of the wider resolution of 30 years of conflict between the Republican and Loyalist communities.

What was the Northern Ireland government in control of?

Education, welfare, health, policy, criminal and civil laws, housing …

What are civil rights?

They are rights which protect citizens from unfair treatment by the state, guaranteed by a constitution.

Give an example of a civil right.

The right to vote and stand for an election.

Give the time line of liberties and rights

• Magna Charta 1215

• Common Law Act

• Human Rights Act 1998

• Freedom of information act 2000

• Equality act 2010

What right does the freedom of information act give?

The right to see information held by a public body about a person.

What does the freedom of information act improve?

Social services by highlighting issues which need addressing and information.

What scandal did the freedom of information act lead to?

The expanses scandal