Devolution Flashcards

1
Q

Devolution meaning

A

-The delegation of some governmental powers (devolved powers) away from the central to regions which have their own elected assemblies that make laws themselves.(agriculture, education, some health services)
-Certain powers of policy-making, WM keeps (defence, foreign policy, trade, Brexit negotiations), reserved powers

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2
Q

How was devolution introduced?

A

Successfully introduced in 1998 by Blair’s govt.
-Followed a set of referendums 1997-8 where all 3 regions approved proposals for elected devolved assemblies.
-Scotland Act 1998, Govt of Wales Act 1998, NI act 1998
-Blair “the era of big centralised govt is over, time for change, modernity & renewal.”
-Devolution has not extended to England.

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3
Q

Nuances to devolution

A
  • NI had an elected parliament from 1921-72, suspended due to the ‘Troubles’ and later abolished
  • Scotland has always had their own education + legal system
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4
Q

Building the UK

A

-Wales became part of England between 1536-42
-Act of Union 1707 formally united England and Scotland(Kingdom of GB)
-Act of union 1800, GB merged with Ireland
-Southern Ireland became an independent state in 1922

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5
Q

What kind of state is the UK?

A

-UK is a unitary state(sovereignty is concentrated at central point)
-also a union state(made up of regions that retain distinctive cultural identity)
-multi-level governance is argued(power is spread vertically between levels of government and horizontally between national + sub-national levels)

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6
Q

what is the Sewel convention?

A

-WM doesn’t legislate on a devolved matter

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7
Q

The roles, powers & responsibilities of devolved bodies

A

-Scotland & Wales use AMS & NI uses STV.
-Asymmetric devolution:
- Scottish parliament was more powerful from the start (tax raising powers & primary legislative powers).
- Wales had less powers reflecting their lower support for devolution (50.3% in 1997 ref) but has increased through (Govt of)Wales Acts
- Northern Ireland had it less smoothly
-Devolution is a major constitutional change and was partly a response to growing nationalism + independence movements

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8
Q

Different forms of devolution

A

-Administrative devolution= allows regions to implement policies decided at WM
-Legislative devolution= elected regional assembly to make their own policy

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9
Q

Key devolution legislation for Scotland

A

-Scotland act 1998
-Scotland act 2012
-Scotland act 2016

Scottish parliament has passed over 300 pieces of leg.
Established following 1997 referendum in Holyrood, Edinburgh.
Led by Humza Yusef & party in power is minority SNP govt since 2021 & has a power-sharing agreement with the Scottish Greens(offered them 2 ministerial seats)

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10
Q

Scotland Act 1998

A

-Gave the Scottish Parliament primary legislative powers (pass leg) in domestic areas (law & order, health, education, transport etc).
-Could vary the rate of income tax by up to 3p in the pound (SVR)

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11
Q

Scotland Act 2012

A

-Transferred significant tax raising powers to Scottish parliament, notably the ability to raise or lower income tax by 10p (SRIT).
-Developed stamp duty & landfill taxes to Scotland & allowed govt to borrow up to £5 billion & set up its own tax authority.

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12
Q

Scotland Act 2016

A

Transferred further major powers to Holyrood parliament.
-Authority over areas such as; equal opportunities, abortion, speeding.
-Allowed for them to set own rate of air passenger duty & create income tax rates across any number of bands & make laws regarding who could vote in Scottish parliament elections.
-partly delivery of promises made by the ‘No’ side of 2014 Scottish Independence ref

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13
Q

2014 Scottish independence referendum

A
  • “Should Scotland be an independent country?”
    -‘No’ side won with 53.3% votes(pro-union campaign called ‘Better Together’)
    -highest turnout(84.6%) of election/referendum in the UK since 1910
    -extended franchise to EU/Commonwealth citizens and 16-17 year olds
    -women were 57% for ‘No’ and men were 53% for ‘Yes’
    -those earning below 30,000 and 16-24 year olds more likely to vote ‘No’ too (BBC)
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14
Q

Scotland’s attempt at a second referendum

A

-in 2021, 72/129 seats were won by parties that supported Scottish Independence which Sturgeon said ‘renewed the mandate’ for independence
-Brexit bill gave them a ‘cast-iron mandate’
-drafted a Bill proposing independence ref which the Supreme court overruled as it ‘relates to a reserved matter’ not transferred in the Scotland Acts

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15
Q

Role of Nationalism

A

-SNP formed in 1934 and began winning seats in 60s
-popular in 70s due to growing electoral support and weakness of 1974-79 Labour govt
-Labour tried to push for devolution to gain support from nationalist parties but was defeated by their own backbenchers
-nationalism revived in 90s due to resentment of London-based conservatives and economic self-confidence linked to North Sea oil
-New Labour introduced more devolution to stem tide of nationalism

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16
Q

Key devolution legislation for Wales

A

-Govt of Wales act 1998
-Govt of Wales act 2006
-2011 referendum
-Wales act 2014
-Wales act 2017
-Senedd & Elections act 2020

-Established following 1997 referendum, slim majority of 50.3% of votes cast in its favour, on a turnout of 51.3%
-use AMS and have elections every 5 years
-initially given secondary powers only
-titled Senned or Welsh Parliament in Cardiff
-Led by Vaughan Gething -currently four political parties represented in the Senedd, largest party is Welsh Labour, which holds 30 seats and has been in government since 1999

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17
Q

Govt of Wales Act 1998

A

-Set up the Welsh assembly which only had ability to devise secondary legislation ie specified areas (agriculture, fisheries, education & housing).
-Powers were broadly equivalent to those previously held by Secretary of State for Wales.

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18
Q

Govt of Wales act 2006

A

-Enables gain of primary legislative powers if approved by referendum.
E.g. Wales passed an ‘opt out’ system for organ donation 2015.
-Also set up proper executive body (Welsh Assembly govt) as of May 2011.

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19
Q

2011 referendum

A

-Asked “do you want the assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?”
-Welsh assembly gained power to enact primary legislation in 20 devolved areas of policy (health, transport, agriculture).
-‘Yes’ vote of 64%.

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20
Q

Wales Act 2014

A

Represented first major transfer of tax easing powers including stamp duty, business rates & landfill tax, enabled Welsh govt to replace with taxes specific to Wales.

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21
Q

Wales Act 2017

A

-Control over electoral system & policy areas (road signs, onshore oil & gas activity, energy efficiency, rails etc).
-Could vary rate of income tax up to 10p & set up Welsh Revenue authority.
-Same footing as Scotland.

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22
Q

Senedd & Elections Act 2020

A

-Formally changed name of legislature to Senedd Cymru, or the Welsh parliament.
-Gave 16/17 year olds the vote.

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23
Q

Senedd elections

A

-must meet within the period of seven days beginning immediately after the day of the poll
-Welsh Elections (Coronavirus) Act 2021 extended this deadline for the first meeting to 21 days after the election to provide some flexibility and cater for a potential delay in confirming results.

24
Q

Drakeford on devolution

A

-ex first minister Mark Drakeford has called for a more federal UK which would ‘codify’ powers + responsibilities for each devolved part
-several instances of breaches in Welsh devolution since Johnson i.e shared prosperity fund run by central govt replaced EU development financing
-Keir Starmer has promised to return responsibility to Senedd if elected

25
Q

Key devolution legislation for Northern Ireland

A

-Northern Ireland Act 1998= set out the powers of the Assembly and Executive in relation to transferred i.e agriculture, healthcare, transport, education
education, excepted and reserved matters i.e foreign policy, Brexit policy, income tax
-Assembly in Stormont
-Power sharing between First Minister Michelle O Neill(Sinn Fein) + Deputy First Minister Emma Little-Pengelly, DUP

26
Q

How does the NI assembly work?

A

-MLAs sit in assembly and are voted in regional elections(STV)
-NI executive sets out all govt priorities + draft budget forms and legislation

27
Q

Why was NI assembly suspended 2017-2020?

A

-Due to the collapse of the power sharing agreement between the DUP & Sinn Fein over the handling of a green energy over intro of an Irish language act.
-WM used absence to extend same sex marriage & legalise abortion in the province.
-Both areas of devolved responsibility.
-Intervention in domestic policy is highly unusual against the spirit of devolution.
-Criticised by DUP for this.

28
Q

Devolution for Northern Ireland: The troubles (1969)

A

-Involved terrorist campaigns by loyalists/unionists & republican/nationalist paramilitaries.
-Arose from nationalist civil rights movement.
-The devolved govt, 1921-72 often called the Stormont parliament was dominated by unionists & seen as discriminatory towards nationalists.
-Parliament suspended in 1972 & abolished 1973.

29
Q

Devolution for Northern Ireland: Since 1972

A

NI governed by direct rule from WM, while British army had a large peace keeping presence in country (controversial to nationalists).
-Peace achieved through ceasefires by main paramilitary groups in 1995 such as Provisional IRA.

30
Q

What was the Good Friday (1998) agreement?

A

-Negotiations from NI parties, Irish & UK govts & weapons decommissioning programme overseen by ex US senator, Mitchell resulted in this.
-Involved promise to return to devolved government + introduce power sharing between unionists&nationalists but embed peace process (prisoner release of convicted paramilitary terrorists, reduction in British troops in NI & civil rights measures).
-Promised ‘parity of esteem & of just and equal treatment for identity, ethos & aspirations of both communities in NI.’

Approved in referendum 71%.
Created Northern Ireland Assembly & Executive.

31
Q

Loyalists/Unionists

A

Want NI to stay a part of the UK.
(Protestants usually)

32
Q

Republicans/Nationalists

A

Group that wants to unite with Eire & form a single/united Ireland.
(Catholics usually)

33
Q

The Northern Ireland protocol: Issue

A

-Included in 2020 Brexit agreement to avoid a hard border (where goods require checks before they can cross over) between NI & Republic of Ireland.
-When UK was with EU, this was unnecessary as they followed same trade rules.
-Some feared return of hard border would disrupt peace process between unionists & nationalists.

34
Q

The Northern Ireland protocol: What was the protocol

A

To avoid a hard border, they would continue to follow EU rules on product standards & carry checks when goods arrive from GB to ensure they comply with EU requirements.

35
Q

The Northern Ireland protocol: Why were the DUP unhappy?

A

-Undermines place in the UK due to too much admin.
-alignment with EU creates a democratic deficit(tied to EU law)
-argued the requirement creates an unacceptable border in the Irish Sea undermining NI’s place in the UK.
-need for checks on goods would deter British businesses from sending to NI
-Critics argued the checks & paperwork led to evaded costs for business, delays & shortages.

Collapse of power sharing in NI because DUP refused to appoint deputy until concerns were addressed

36
Q

The Northern Ireland protocol: What is the ‘Safeguarding the Union plan’?

A

-More funding for NI.
A green/redline system. Green lane (UK internal market system) reduces paperwork. If more than 20% of goods go through red lane (Windsor framework), it’ll be investigated.
Access to UK tariff rates for imports, not EU ones.
Stormont Brake allows MLAs to block automatic application of some EU law.

37
Q

Devolved matters

A

-agriculture
-education
-environment
-healthcare
-housing
-land
-law and order
-local govt
-sports
-tax (some forms)
-transport

38
Q

Reserved matters

A

-benefits & social security
-broadcasting
-constitution
-defence
-employment
-foreign policy
-immigration
-trade

39
Q

Case study: The M4 relief road

A

Clash between powers
-July 2020, Boris announced a relief road would be built for a section of the M4 in Newport, Wales, which is plagued by queues and delays.
-Promsied to ‘do the things the Welsh govt failed to do’.
-argued a road congestion had a negative impact on business investment in the area.
-challenged by Labour Welsh Government members who previously scrapped such a scheme, declaring a climate emergency in 2019.
-stated building more roads would increase traffic levels & carbon emissions.

Welsh govt argued transport was a devolved matter so PM had no say in this.
Welsh economy minister, Skates said PM’s comments were “nothing more than nonsense on stilts.”

40
Q

Has devolution worked well in the UK? Yes

A

-Allowed regional political differences to be recognised.
E.g. Scotland is more left leaning so income tax of highest earners increased to 46p.
-Enables peace process in NI & cross community cooperation.
-Enabled variety of electoral systems to be used, representative issues faced
-Encouraged innovation in policy making & enabled devolved assemblies to function as ‘legislative laboratories’ i.e varying lockdown measures Administrations can learn from policies elsewhere & replicate i.e Scottish govt 2006 decided to ban smoking in enclosed public spaces which encouraged rest of UK to follow rule.

41
Q

Has revolution worked well in the UK? No

A

-inequalities in provision & cost of public services within UK.
E.g. Uni in Scotland is free but over £9000 in England. Prescriptions are free in Wales & Scotland but not England.
-Devolution encouraged demand for more separation & weakening unity of UK. Result of Scottish referendum (55%) was close & devolution gave confidence that they can run own affairs without WM.
-Community relations and devolution remains fragile.
E.g. Prolonged suspension of NI assembly 2017-2020.

42
Q

Existing devolution in England

A

No formal devolution in England, but there’s elected mayors, regional police & crime commissioners.
They have no primary legislative powers & can only deal with powers delegated to them by central govt.

examples of categories of local govt authority:
-57 unitary councils= single tier bodies responsible for full range of local services i.e education + social care
-City mayors= local govt act 2000 allowed any local council in England to hold referendum on intro on mayor, Greater London Authority Act 2000(London mayor)
-25 county councils= two tier local authority structure and oversee key services i.e education + social services in less urbanised areas like Suffolk

43
Q

Cities and Local Govts Devolution Act 2016

A

-‘metro mayors’ elected for the first time in 2017 to lead to several combined authorities(CA) i.e metro mayor election held for the Sheffield City Region CA in 2018

44
Q

Local government reorganisation

A

-local authorities merge or newly formed according to a particular policy of the govt.
-tendency to merge smaller units of local govt for efficiency reflecting lack of self determination enjoyed by local councils.

45
Q

Restricted powers of English councils

A

-mostly rely on funding by a block grant from central govt.
-gain additional revenue from council tax but amount it’s increased is controlled by Whitehall.
E.g. Bath has asked central for power to introduce levy on local tourism & short term holiday letting. But by 2021, no such levy implemented.

46
Q

Lack of enthusiasm about elected mayors

A

-referendums have successfully abolished post in Torbay and Hartlepool

47
Q

Debate over intro of proper devolution to England

A

-Issue of devolution is less emotional & high profile in England.
-At speakers conference (1919-20) considered it but concluded that an all England institution would be preferable to a more regional approach.
-Campaign for English parliament established in 1998 but gained little support from main parties.

48
Q

Arguments for an English Parliament

A

-would complete devolution and remove current asymmetry i.e Tory MP Teresa Gormon proposed unsuccessful PMB calling for ref on this in 1998, saying England deserved ‘fair and equal treatment’, Scotland having more primary powers than others
-resolve the West-Lothian Question i.e 2015, Cameron’s govt withdrew attempt to relax fox hunting ban in England and Wales after SNP said they would vote against matter(broke convention that Scottish Parliament would not vote on English-only matter, EVEL suspended in April 2020(temp solution)
-clear expression and priority to English identity and interests i.e more right-wing* parliament and legislation, *Brexit vote reflected right leaning

49
Q

Arguments against an English Parliament

A

-would dominate a federal UK due economically(generate bulk of GDP) and by population(85% of total population)
-lacks cohesive, strong cultural identity in comparison with rest of UK i.e Cornwall and Merseyside have strong regional identities but have little in common
-absence of English law debates would undermine WM as ‘the mother of all parliaments’

50
Q

Regional assemblies

A

-strengthening local govts by generalising areas more into around 8 assemblies to help channel regional opinions
-Blair came into office promising to create regional assemblies but
2004 referendum on devolution in the northeast was rejected by 78% of voters so idea was abandoned

51
Q

Arguments for regional assemblies

A

-increase local control rather than power to local elites
-can be held to account by assembly committees
-would be elected by people in the area= strong mandate

52
Q

Arguments against regional assemblies

A

-create another layer of govt with more politicians
-few people identify with English regions so it would be divisive
-lacks public support

53
Q

Impact of devolution: British constitution

A

-changed from unitary framework to ‘quasi-federal’(devolving some powers, combo of unitary and federal state)
-devolving powers to devolved bodies increases federalism
-difficult to repeal Parliamentary Acts enabling devolution
-parliamentary sovereignty has been reduced i.e Scotland Act 2016 has established that WM can’t legislate on devolved powers without consent

54
Q

Impact of devolution: Policy variation

A

-reduced WM control on domestic policy beyond England i.e Uni tuition, parental use of corporal punishment(banned in Scotland since 2019), income tax rates
- Lockdown regulations, May 2020:
-England allowed 6 people to meet up, Scotland= 8, Wales was unlimited from 2 households, NI= 6-8 people
-England allowed people to enter other homes whilst Scotland, Wales + NI did not

55
Q

Impact of devolution: Alternative voting systems

A

-voting systems other than FPTP have led to coalitions and minority parties
-could be seen as leading to inhibiting progress or encouraging cross-party cooperation
-multi-party governance is now the norm in the regions

56
Q

Impact of devolution: Pressure groups

A

-consequences on how and where they operate i.e when Scottish Parliament debated and passed law banning smacking of children north of the border
-Consultation doc sent out to 12 charities, 7 equality organisations, 12 police, legal and HR bodies and 20 medical and care profession organisations, who majority responded and contributed views
-Children’s charities i.e Children 1st were particularly involved in lobbying for passing of the law
-lobbying has increased in devolved bodies where decision-making is made