Devolution in the UK

Topic 2: Devolution

Overview

  • The UK consists of four nations: England, Scotland, Wales, and Northern Ireland.
  • Devolution involves transferring powers from a central authority to regional authorities.
  • It is a form of decentralization that aims to bring power closer to citizens, allowing local factors to be better considered in decision-making.

History of Devolution

  • 1973: The Royal Commission on the Constitution highlighted that the UK government was over-centralized and recommended devolved government.
  • 1997: The Labour government supported devolved government, reflecting considerable public support.
  • Legislation was enacted to grant devolved powers to:
    • The Scottish Parliament (Scotland Act 1998)
    • The National Assembly for Wales (Government of Wales Act 1998)
    • The Northern Ireland Assembly (Northern Ireland Act 1998)
    • The London Assembly

Reasons for Devolution

  • Devolution brings the government closer to the people.
  • Local assemblies increase public confidence in the political system.
  • Local communities feel heard, and their representatives can influence central government policy.
  • Elected local assemblies can foster a sense of regional identity, preserving local traditions.

Wales

  • England and Wales share a single legal jurisdiction.
  • 1998: The Government of Wales Act was passed.
  • All powers, both lawmaking and executive, were vested in the National Assembly for Wales.
  • The Secretary of State for Wales exercises the law-making powers of the Assembly.
What is Devolved in Wales?
  • Schedule 7 to the Government of Wales Act 2006 includes:
    • Agriculture
    • Ancient monuments
    • Economic development
    • Environment
    • Food
    • Fisheries
    • Education
    • Local government
    • Health
    • Housing
    • Highways and transport
    • Public administration
    • Town and country planning
    • Water supply and sewage
    • Social welfare
    • Sport
    • Tourism
    • Welsh language
The Welsh Assembly Government
  • S.45 of the 2006 Act: Establishes the Welsh Assembly Government as an entity separate from the National Assembly.
  • SS.47 and 48: The First Minister is nominated by the Assembly, and Welsh Ministers are appointed from among the Assembly members.
  • S.51: Limits the number of Ministers and Deputy Ministers to 12.
  • S.48(5): Ministers must resign if the Assembly loses confidence in them.
  • S.96: Establishes the Office of Counsel General.
  • S.109: Allows modification of the legislative competence of the Assembly by amending Schedule 7.
Further Devolution in Wales
  • The Tax Collection and Management (Wales) Act 2016 was passed in preparation for exercising taxation and borrowing powers devolved by the Wales Act 2014.
  • The Assembly began overseeing the UK’s negotiations for leaving the EU and defining Wales’s place post-Brexit.
  • 2018: Commencement of the reserved powers model of devolution under the Wales Act 2017, and the first Welsh taxes were implemented.

Scotland

  • 1978: Scotland Act was passed.
  • 1997: The Labour government put devolution on the political agenda.
    • Aimed to give the people of Scotland greater control over their own affairs by creating a Scottish Parliament with devolved powers within the UK.
Scotland Act
  • S1 of the Act: Established the Scottish Parliament.
  • SS.28 of the Act: The Scottish Parliament can make Acts of Parliament within its defined competence.
  • S.29 of the Act: Any Act outside the Parliament's legislative competence is not law.
Scottish Settlement
  • Part I of Schedule 5 to the Scotland Act 1998 (amended by the Scotland Act 2012) reserves certain matters to the UK Parliament:
    • The Constitution
    • Registration of political parties
    • Foreign affairs
    • Civil Service
    • Defense and Treason
  • Part II lists specific reservations under 11 broad heads:
    • Home affairs
    • Energy
    • Social Security
    • Employment
    • Media and Culture & Misc
    • Financial and Economic Matters
    • Trade and Industry
    • Transport (many aspects devolved)
    • Regulation of the Professions
    • Health and medicines
Scotland Act 2016
  • Received Royal Assent on March 23, 2016.
  • Devolved further powers to Scotland:
    • Ability to amend sections of the Scotland Act 1998 related to the operation of the Scottish Parliament and Government, including control of its electoral system (subject to a two-thirds majority).
    • Legislative control over road signs, speed limits, on shore oil and gas extraction, rail franchising, consumer advocacy and advice.
    • Management of the Crown Estate, the British Transport Police.
    • Control over certain taxes, including Air Passenger Duty and Aggregates Levy.
    • Control over aspects of social welfare housing, related benefits, and Disability Living Allowance.
    • Ability to set income tax rates and bands on non-savings and non-dividend income.
    • Extended powers over Employment Support and Universal Credit.
    • The right to receive half of the VAT raised in Scotland.
    • Recognized the Scottish Parliament and Government as permanent within the UK's constitutional arrangements, requiring a referendum for abolition.

Northern Ireland

  • Resistance to British rule in Ireland existed for centuries.
  • Irish nationalists sought independence from British control.
  • Irish Home Rule was granted, excluding the six mainly Protestant counties of Ulster, establishing Northern Ireland in 1920 as part of the UK.
  • The Anglo-Irish Treaty in December 1921 established the Irish Free State as a Dominion of the British Empire, recognizing the British monarch as head of state.
Parliaments
  • Two separate Parliaments:
    • One for the South
    • One for the North
  • From partition until 1972, Northern Ireland had self-government represented by the Assembly at Stormont.
  • In 1974, the Northern Ireland Act led to the restoration of direct rule by Westminster.
Good Friday Agreement 1998
  • The devolved institutions in Northern Ireland are constituted under the Northern Ireland Act 1998.
  • The Good Friday Agreement restores devolved power to Ulster and amends the Irish constitution to accept UK control of Northern Ireland.
What Has Been Devolved?
  • The Northern Ireland devolution settlement gives legislative control over certain matters to The Assembly:
    • Transferred matters
    • Reserved matters
    • Excepted matters
  • Schedule 2 & 3 of the Northern Ireland Act 1998 sets out these areas.

England

  • Devolution arrangements are not symmetrical in the British constitution.
  • England is regulated by the UK Parliament in Westminster, which includes non-English MPs.
  • Debate over devolution for England.
Proposed Solutions for England
  • English votes on English Laws: Proposed by Conservative leader William Hague in July 1999, suggesting English MPs should have exclusive say over English laws.
  • Kenneth Clarke’s Democracy Taskforce: Proposed changes in procedures in the House of Commons for bills relating only to England.
  • Double Majority Voting: Suggested by The Economist and others, requiring majorities among both the House and English MPs on solely English matters.
Implementation of English Votes for English Laws
  • On October 22, 2015, the House of Commons voted in favor of implementing “English Votes for English Laws” by 312 votes to 270.
  • Amendments from Labour and The Liberal Democrats were defeated.
  • Scottish National Party MPs criticized the measures, stating they would render Scottish MPs as