The Constitution: The role and powers of devolved bodies in the UK, and the impact of this devolution on the UK

Devolution

The dispersal of power, but not sovereignty, within a political system.

Asymmetric devolution

A form of devolution in which the political arrangements are not uniform but differ from region to region.

Administrative devolution

The limited power to make secondary legislation, making new rules and regulations and determining how an Act of Parliament is implemented. 

Legislative devolution

The transfer of power to make primary legislation in specific devolved policy areas.

Financial devolution

The transfer of power to raise taxes, other than relying solely on grants from the UK Parliament.

Which regions have administrative devolution?

Scotland, Northern Ireland and Wales.

Which regions have legislative devolution?

Scotland and Northern Ireland

Which country has financial devolution?

Scotland

What electoral system does Scotland use?

AMS

Give a brief political history of Scotland.

Labour was in coalition with the Liberal Democrats from 1999-2007.

Since then, the SNP has been the governing party.

In 2021, the SNP and Scottish Greens agreed a power-sharing deal that collapsed in April 2024.

Scottish Devolution Referendum (1979)

In the 1979 referendum, 52% of those who voted supported devolution.

Wetsminister said that an assembly would not be created unless it was supported by 40% of the Scottish electorate - only 33% of the electorate voted yes.

Scottish Devolution Referendum (1997) and Scotland Act (1998)

The Scotland Act (1998) gave the Scottish Parliament primary legislative powers in law and order, health, education, transport, the environment and economic development.

It has passed more than 300 pieces of legislation since its creation.

Scotland Act (2012)

It gave the Scottish Parliament power to raise or lower income tax by 10p in the pound.

It devolved control of stamp duty, land tax and landfill tax, and the ability to borrow up to £2.2 billion a year. 

What did Westminster do to allow Scotland to hold the referendum?

Westminister granted a ‘section 30 order’ giving the Scottish Parliament temporary powers to hold a referendum.

Describe the turnout and outcome of the Scottish Independence referendum.

With a turnout of 84.5%, 55% of voters in the referendum on Scottish independence voted against independence. 

What was the ‘Yes Scotland’ Campaign’s, fronted by the SNP, vision?

An independent Scotland that was part of a ‘personal union’ with the UK, which would retain the queen as head of state and keep the point in a currency union with the UK. 

Scotland would have its own written constitution and full responsibility for welfare, foreign and defence policy.

What was the pro-Union campaign, Better Together’s argument?

Scotland enjoyed both extensive devolution and the benefits of the Union.

Independence would damage Scotland’s economy and the UK Treasury insisted that there would be no currency union with an independent Scotland.

They promised to deliver further devolution in the event of a ‘no’ vote.

Scotland Act (2016)

The Scottish Parliament now has greater powers than subnational governments in many European states.

Westminster will not legislate on devolved matters without consent.

The Scottish Parliament and government are ‘a permanent part of the UK’s constitutional arrangements’.

Name three conflicts between Scotland and Westminster

The Scottish electorate vote twice as they vote for the Scottish Parliament and for the Westminster Parliament.

There have been many differing policies between Scotland and Westminster.

The Barnett formula allows for higher public spending per person in devolved regions than England.

Give a statistic regarding public spending and the Barnett formula

In 2021/22, public spending in England was £11,549 but in Scotland this was £13,881. 

What electoral system does the Welsh Senedd and Government use?

AMS

Give a brief political history of the Welsh Senedd and Government.

Labour has been in power since the first elections in 1999.

It had been in a coalition with the Liberal Democrats (1999-2003) and Plaid Cymru (2007-11).

In 2021, Labour and Plaid Cymru agreed a policy co-operation agreement but did not form a coalition.

Welsh Devolution Referendum (1979)

It produced a decisive ‘no’ as only 20% backed an assembly.

Government of Wales Act (1998)

This devolved secondary rather than primary legislative power.

Government of Wales Act (2006)

Established a separate Welsh Assembly Government.

Devolved some primary legislative power and used a conferred powers model.

Welsh Devolution Referendum (2011)

The result was a 64% ‘yes’ vote, which confirmed that devolution is the preferred constitutional option for Welsh voters.

Wales Act (2014)

Devolved stamp duty, business rates and landfill tax.

Wales Act (2017)

Moved to a system of reserved powers similar to that in Scotland.

Created a Welsh rate of income tax by giving the Senedd control over a portion (10p in the pound) of income tax.

Established the Senned and Welsh government as permanent features of the UK constitution and paved the way for the Assembly to change its name to the Senedd Cymru.

What is Sunak’s policy to devolution for Wales?

Sunak has decided not to give any more power to Wales as he believes now is not the time for more devolution. 

Welsh Labour has pledged to pursue the transfer of the entire CJS.

Plaid Cymru has called for the control of water, broadcasting and welfare.

What electoral system does Northern Ireland use?

STV

Describe the brief political history in Northern Ireland.

The main political divide in Northern Ireland is between unionists, who want Northern Ireland to remain part of the UK, and nationalists who favour a united Ireland.

The two main parties are the DUP (unionist) and Sinn Fein (nationalist).

Direct rule from Westminster was imposed when the Assembly was suspended from 2002 to 2007 and then from 2017 to 2020.

What are the four differences between Northern Irish and UK politics and government?

Communal conflict.

Distinctive party system.

Security.

Separate system of government.

Good Friday Agreement (1998)

It established power-sharing devolution and required the UK and Irish governments to amend their constitutions to clarify the status of Northern Ireland. 

The Northern Ireland executive is led by a first minister, who is from the largest party, and the deputy first minister, from the second largest party.

Ministerial posts are allocated on a proportional basis according to party strength to ensure power-sharing. 

Petition of concern

Every Member of the Legislative Assembly (MLA) is designated as either a unionist, nationalist or other.

If a ‘petition of concern’ is signed by more than 30 MLAs, a measure needs the support of 60% of MLAs and at least 40% of unionists and nationalists.

What are the problems with petition of concerns?

There were concerns that this system was being abused as it had been used 159 times and to block measures such as same-sex marriage.

In 2020, the main parties agreed to reform the system so that it was used less frequently and was not a veto for any one party.

Give three examples of devolved matters for Northern Ireland

Broadcasting.

Telecommunications and postage.

Navigation and civil aviation.

Give three examples of reserved matters for Northern Ireland

Health and social services.

Education.

Housing.

In what three ways have powers been devolved to England?

Powers extended to local government.

Greater London Authority and Greater London Assembly.

Metro mayors, city regions and combined authorities.

Describe the powers extended to local government.

Local authorities are the lowest level of government in the UK, and in England are the only elected branch of government below the central government.

In 2012, the structure was 58 unitary authorities; 24 county councils; 188 district councils; 36 metropolitan borough councils.

They are responsible for education, housing, roads and public transport etc.

Describe the work of the Greater London Authority and the GLA.

The Greater London Authority has responsibility for economic development, transport and policing, which consists of a directly elected mayor and a 25-member London Assembly.

The mayor sets the budget, determines policy and oversees Transport for London.

They also lobby Westimnister for money and investment security projects, such as Crossrail, which was a £17.6 billion project connecting East and West London.

Describe the work of metro mayors, city regions and combined authorities.

Executive devolution was introduced and this includes granting additional funding and limited policy-making powers such as transport.

The Greater Manchester combined authority was created in 2011 and a further nine combined authorities were in place by 2021.

Most have directly elected mayors, but there are no elected assemblies. 

Eight ‘metro-mayors’ took office in the combined authorities between 2017-2019.

What was Blair’s proposal for a North-Eastern assembly?

The Blair governments planned to create directly elected regional assemblies in eight regions.

The plans were dropped when 78% of voters voted ‘no’ in a 2004 referendum on whether there should be an assembly in northeast England.

Give three arguments in favour for Blair’s proposal for a North-Eastern Assembly

It would bring decision making closer to the people and address the differing interests of the English regions.

Areas such as Cornwall, Yorkshire and the northeast have a strong sense of regional identity.

Regional assemblies could act as a catalyst for economic and cultural regeneration.

Give three arguments against Blair’s proposal for a North-Eastern Assembly

There is little public support for regional governments.

Few areas of England have a strong sense of regional identity.

Regional assemblies would be dominated by urban rather than rural interests.

How would an English Parliament work?

An English Parliament would have legislative powers over domestic English issues and could be created to implement policy.

There is little support for an English Parliament within the major political parties, although it is favoured by some Conservatives. 

Arguments in favour for an English Parliament

It would complete devolution within the UK, end the asymmetry in the devolution settlement and resolve the English Question on ‘How should England be governed?’

It would create a more coherents system of devolution within a federal UK Parliament and government responsible for UK-wide issues, rather than, at present, these combined with English issues.

It would give political and institutional expression to English identity and interests. 

Arguments against an English Parliament

‘Devolution all round’ would not create a coherent and equitable system because England is much bigger than the other nations of the UK.

It would create an additional layer of government, weaken the Westminster Parliament and create tensions between the UK government and an English parliament.

There is only limited support for an English parliament.

Between what years did EVEL last?

2015 to 2021

West Lothian Question

The West Lothian Question asks why MPs representing Scottish constituencies at Westminster should be permitted to vote on purely English matters when English MPs have no say over matters devolved to the Scottish Parliament.

Give two examples for why EVEL is needed

English issues would not have come into force without support of Scottish MPs as seen in 2003-04 on legislation on foundation hospitals and university tuition fees.

These MPs argued that the bills included clauses relating to Scotland and that changes to public spending in England affect spending in Scotland. 

Describe how EVEL was used.

From 2015 to 2021, bills or parts of bills certified by the speaker as England-only were considered in a Legislative Grand Committee.

The new procedures were used for 51 bills and EVEL was scrapped in 2021.

Describe three ways in which devolution has impacted UK politics

Limited parliamentary sovereignty as devolution can only be overturned by a referendum (through popular sovereignty).

The Supreme Court resolves disputes over competences by determining if the devolved bodies have acted within their powers.

There is policy divergence amongst the devolved regions and England, which undermines equal rights for citizens and shows how the concerns of the electorate have been responded to.

Give three strengths of devolution in the UK

The perceived legitimacy of the government has improved under devolution as throughout the 1990s, many argued that there was a democratic deficit in the UK.

Policy divergence reflects the different interests of the nations of the UK and has allowed initiatives that have been successful in one nation to be copied elsewhere.

It may make the break-up of the UK less likely-regions such as Scotland will be given more control over their own affairs so may be less inclined to wish to achieve full independence.

Give three weaknesses of devolution in the UK

Under the Sewel Convention, the Westminster Parliament will not normally legislate on devolved matters unless it has the consent of the devolved legislatures.

It has resulted in the variation in services in different parts of the country and arguments have developed over the Barnett formula.

It has still not nullified calls for independence.

Give three strengths of devolution in England

Powers have been extended to local government.

The Greater London Authority and Greater London Assembly has been created.

Conservative governments have introduced executive devolution to combined authorities.

Give three weaknesses of devolution in England.

The West Lothian Question has not been solved.

There is no English Parliament.

The Blair Government's plans to create regional assemblies was abandoned so parts of England have not gained the power to make policy and set their own course.

Give three strengths of devolution in Scotland.

The Scottish Parliament now has greater powers than subnational governments in many European states. It has administrative, legislative and financial devolved powers.

Scotland's institutions can reflect on and respond to the different conditions in Scotland, encouraging innovation in policy-making.

It established a democratically accountable national self-government and brought decision-making about devolved matters closer to the people affected.

Give three weaknesses of devolution in Scotland

Westminster retains the right to override the Scottish Parliament in areas where legislative powers have been devolved.

Demands by the Scottish government for special status for Scotland were denied by the UK government, and the devolved administrations had little influence over Brexit.

It has not reduced demands for separation: the SNP has become the dominant political party in Scotland and support for Scottish independence has increased.

Give three strengths of devolution in Wales

The Senedd Cymru, or Welsh Parliament, contains 60 members that are elected by the additional member system and uses AMS.

The 2011 Welsh Referendum study found that 66% trusted the Welsh Government to work in Wales’ best interests ‘just about always’ or ‘most of the time’.

The powers of the Senedd have greatly expanded since its formation despite not gaining as much power as Scotland. 

Give three weaknesses of devolution in Wales.

In 2021, Labour and Plaid Cymru agreed a policy cooperation agreement but did not form a coalition, undermining its legitimacy.

There has been a decline in some public service standards since devolution began.

There is asymmetrical devolution.

Give three strengths of devolution in Northern Ireland.

Devolution has allowed for power-sharing after 30 years of violence and instability that occurred during the Troubles.

Northern Ireland has continued to attempt to instil peace and unity with the Republic of Ireland.

Politics and government in Northern Ireland differ from elsewhere in the UK.

Give three weaknesses of devolution in Northern Ireland.

It could be difficult to find agreement, meaning that policies would be delayed and it would take longer for them to become law.

The instability of devolution is clear in Northern Ireland where it repeatedly collapsed reintroducing a sizable democratic deficit.

Post Brexit, Northern Ireland is treated differently from the rest of the UK.