Devolution

Question 1

Scottish devolution

Answer 1

• 1997 Scottish devolution ref= 74% supported Scottish Parl and 63% supported tax varying powers
• Scotland Act 1997= scot parl established= 129 MPs
  = full control over Scottish NHS, policies regarding universities, justice, climate and much more
• Scotland passed the Climate Change (Scotland) Act 2009= committed country to reducing greenhouse gas emissions by 80% by 2050
• made landmark decision in 2000 to abolish tuition fees for undergrad students from Scotland studying at Scottish universities
• UK’s first official consumption room for illegal drugs including heroin and cocaine has been approved by authorities in Glasgow 2023
  = facility is backed by the Scottish government as a way to tackle the country’s drugs deaths crisis
• The Scottish Parliament legalised same-sex marriage in 2014= making Scotland one of the first countries in the world to pass such legislation through a devolved legislature
• lack of Full sov= areas like defence, foreign policy, immigration, and economic policy remain reserved to the UK gov, e.g. Brexit showed limitations of devolution= majority in Scot voted remain, Scot had little say in final decision
  = foreign policy and constitutional matters were reserved to Westminster
  = 62% Scottish public voted remain and UK voted 52% leave

Question 2

Welsh devolution

Answer 2

• Gov of Wales Act 1998= established National Assembly for Wales= 60 MSs= NOT AS MUCH POWER AS SCOT!!!
  = given power to pass primary legislation in some devolved areas, subject to a process of gaining approval from the UK Parliament
• Wales Act 2014= Full law-making powers, made changes to the electoral system and confirmed the powers of the Assembly to raise and collect taxes
• Wales Act 2017= Transfer of more powers to Senedd= energy, local gov, and certain tax powers e.g. ability to set rates of income tax in Wales
• Elections and Elected Bodies (Wales) Act 2024
• Curriculum and Assessment (Wales) Act 2021
• Landfill Disposals Tax (Wales) Act 2017
  = disposals to landfill in Wales are no longer subject to UK Landfill tax and are instead subject to landfill disposals tax
  = Landfill Disposals Tax (LDT) rates for 2025-26 are: a standard rate of £126.15 per tonne
• 2021/22, the Barnett block grant amounted to £42bn in Scotland, £22bn in Wales and £16bn in Northern Ireland
  = welsh devolved assembly gets unequal amount of funding
• Institute for Government analysis of HM Treasury 2023
  = scot has 92% control of transport, NI has 95% vs Wales only 37% same w justice= NI and scot have 100% control over justice vs Wales only 1%

Question 3

Northern Ireland devolution

Answer 3

• Good Friday Agreement 1998= creation of the Northern Ireland Assembly
  = gained substantial legislative powers over domestic matters like education, health, environment, transport, and agriculture= cld make laws in these areas wo requiring Westminster approval
• Northern Ireland Act 2006= clarified the powers of the Northern Ireland Assembly and the Executive in relation to policing and justice
• suspension of stormbound 2002 as IRA didn’t fully decommission its weapons= ongoing failure to reach an agreement on decommissioning and disarmament= British gov and NI Secretary Paul Murphy, took decision to suspend NI Assembly
• The Stormontgate Scandal (2002)= members of Sinn Féin were involved in passing information to the IRA= damaged the credibility of the Sinn Féin leadership
• wasn’t until 2007 that the Northern Ireland Assembly was restored= St Andrews Agreement (2006) provided new mechanisms to address policing, justice, and paramilitary activity
• suspension of the Northern Ireland Assembly in 2017= Sinn Féin demanded that Arlene Foster step down as First Minister while an investigation was conducted, but she refused= breakdown in trust between the two parties
• UK government pledged £1 billion in extra funding in 2020 over next 5 years to support NI public services

Question 4

English devolution

Answer 4

• Greater London Authority Act 1999= included the establishment of an elected Mayor of London and an Assembly responsible for overseeing the Greater London area
  = Mayor of London given powers over transport, housing, economic development, and planning
  = London Assembly given powers to scrutinise Mayor’s decisions, review the budgets, and hold the Mayor accountable
• Sadiq khan ensured all state primary school pupils in London are now receiving Free School Meals and got the Superloop, the Night Tube and the Elizabeth line all up and running
• 2003, uni tuition fees and hospital legalisation was rejected due to lack of Scottish MP support
• UK Parliament introduced “English Votes for English Laws” 2015= allowed only English MPs to vote on legislation that only applied to England
  = made due to west lothian question that Scottish, Welsh, and NI MPs could vote on England-only legislation in the UK Parl while English MPs could not vote on devolved matters in their respective devolved bodies

Question 5

adv devolution for Scotland

Answer 5

• Increased Political Autonomy= provided Scotland with a voice in decisions that directly affect its citizens
  = allowed Scot to have own elected body that can legislate health, education, transport, and justice and more
• Economic Control and Development= been able to prioritise spending on public services and has powers over income tax (since 2016)
• strengthened a sense of Scottish identity and pride

Question 6

disadv devolution for Scotland

Answer 6

• Lack of Full Sov= areas like defence, foreign policy, immigration, and economic policy remain reserved to the UK gov, e.g. Brexit showed limitations of devolution= majority in Scot voted remain, Scot had little say in final decision
  = foreign policy and constitutional matters were reserved to Westminster
• 62% Scottish public voted remain and UK voted 52% leave
• the localism of devolution has led to an increasingly centralised political system in Scotland, with the SNP dominating the Scottish political landscape= lead to lack of diversity in political representation and a narrowing of debate on important issues

Question 7

adv of a codified constitution

Answer 7

• provide a clear and accessible document that outlines the fundamental laws and principles governing the country
  = single, written document would make it easier for citizens to know and understand their rights and responsibilities
• enshrine basic civil rights and freedoms in a way that makes them more difficult to change without broad public or parl consensus
  = offer stronger protection against potential gov overreach= ensure that fundamental rights like freedom of speech and privacy can’t be easily altered by a simple majority in Parl
• provide a stronger and more reliable basis for the rule of law
  = ensure gov and Parl must operate within clearly defined legal constraints
• still allow for reforms and adaptations over time, but with built-in safeguards to ensure that changes are carefully considered and require broad-based political support
  = provisions for constitutional amendments could be included in the document itself= ensure balance between flexibility and stability

Question 8

disadv uncodified constitution

Answer 8

• spread across various sources (statute law, common law, conventions, etc.), making it harder for the public, legal professionals, and politicians to understand
• lack of a clear, written framework can leave important legal questions open to interpretation or subject to political manoeuvring
• written constitution make it harder for any party to erode democratic checks and balances= providing more resilience against populist or authoritarian tendencies
  = public could more easily hold gov accountable for actions that breach constitutional principles= increasing political transparency

Question 9

adv uncodified constitution

Answer 9

• flexible and adaptable= allows for easy adaptation to changing circumstances and societal needs= changes to constitution can be made through ordinary legislation= easier and quicker to respond to new political or social challenges wo need for a lengthy and complex amendment process
  = Coronavirus Act 2020, which gave the government sweeping powers to respond to the pandemic= act allowed for emergency measures, including the closure of schools, the imposition of quarantine requirements, and the ability to close businesses or limit public gatherings
  ALSO allowed devolution= power sharing agreements
• Quick Response to Crises= COVID-19 pandemic, where laws could be passed swiftly to address public health concerns
• separation of powers should protect the judiciary- whose appointment can still be vetoed by the Justice Secretary and whose judgements are can be set aside by Parliament

Question 10

should reform constitution

Answer 10

• ## overly reliant on unwritten conventions that are not legally enforceable and that few understand= gov broke conventions when it prorogued Parliament in 2019 and when it threatened the amend Brexit agreement and break international law

Question 11

shouldn’t reform constitution

Answer 11

-