Devolution Flashcards
(19 cards)
Briefly explain the constitution of the Scottish Parliament
Scottish Parliament – 129 members
Elections take place every five years, using the first past the post system
16- and 17-year-olds can vote in Scottish parliamentary elections
Leader is known as first minister, and they are appointed by the monarch; Normally, they are the leader of the largest party in the Scottish Parliament
What type of legislation can the Scottish Parliament pass?
Has the power to pass primary legislation
Once a bill has passed and received royal assent, it is an Act of the Scottish Parliament
They can legislate on a wide range of matters, but UK Parliament retains many functions (reserved powers model)
- They can pass legislation on anything, including things not explicitly mentioned as devolved matters, except reserved matters
Reserved matters include responsibility for the constitution, foreign policy and defence
When will an Act of Scottish Parliament not be valid law?
If any of its provisions fall outside of the legislative competence of the parliament (like legislating on territory outside Scotland or in relation to reserved matters)
Minister in charge of the bill and the Presiding Officer must, when introducing the bill, make a statement that, in their view, the provisions are within the Scottish Parliament’s legislative competence
Can the Scottish Parliament amend UK Acts of Parliament?
Yes, provided they aren’t outside legislative competence, but would only be effective in relation to Scotland
What is the Sewel Convention?
It means that the UK Parliament will not normally legislate on devolved matters without consent of Scottish Parliament
Statutory recognition of this comes from Scotland Act 2016, but does not affect Parliamentary sovereignty so they could still legislate without consent
When they choose to legislate on something devolved to them, Scottish Parliament gives consent with Legislative Consent Motion
Who does the Sewel Convention apply to?
Scotland + Wales (on statutory ground)
NI (on non-statutory ground)
Can conventions, like the Sewel Convention, be judicially reviewed?
No, Conventions are non-binding and not capable of judicial review
Briefly explain the constitution of the Senedd Cymru
The Senedd Cymru (Members and Elections) Act 2024 will increase the number of Members of the Senedd to 96 with effect from the May 2026 elections
16- and 17-year-olds can vote in Senedd elections, which happen every 5 years
Welsh government is headed by a First Minister – appointed by Monarch after nomination from Senedd
What type of legislation can the Senedd Cymru pass?
Government of Wales Act 2006 allowed Wales to pass primary legislation, in various areas – similar procedure to passing an Act in England
They have a reserved powers model, so can pass legislation on all matters, other than those which the UK Parliament retains exclusively (defence, foreign affairs, immigration etc)
They can pass legislation on anything, including things not explicitly mentioned as devolved matters, except reserved matters
What statement must a minister of the Senedd Cymru make when introducing a Bill?
Minister introducing a bill and the Presiding Officer must make a statement that the provisions of the bill are within Senedd’s legislative competence
An Act won’t be law if any provisions fall outside their legislative competence
Can the Senedd Cymru amend UK Acts of Parliament?
Can amend Acts of UK Parliament provided they aren’t outside legislative competence, but would only be effective in relation to Wales
How should questions around whether legislation falls within the Senedd’s legislative competence be addressed?
Where any provision of an Act of the Senedd could be read in such a way as to be outside or inside the Senedd’s legislative competence, it should be interpreted as being inside its competence
What is the Good Friday agreement?
Provided for:
- A democratically elected assembly with a power-sharing executive
- A North-South (Ireland) Ministerial Council
- Cooperates and develops policies on matters of mutual interest within Ireland (agriculture, environment etc)
Briefly explain the constitution of the Northern Ireland Assembly
Elections take place every five years
NI Assembly has 90 ‘members of the Legislative Assembly’
What type of legislation can the Northern Ireland Assembly pass?
Can enact primary legislation
Can legislate on transferred matters, which is everything except reserved and excepted matters (transferred matters model)
- Excepted matters include international relations and defence
- Reserved matters are areas where the NI Assembly can legislate with the consent of the Secretary of State and may be devolved in the future
What statement must a minister of the Northern Ireland Assembly make when introducing a bill?
Minister introducing a bill and the Presiding Officer must make a statement that the provisions of the bill are within Assembly’s legislative competence
An Act won’t be law if any provisions fall outside their legislative competence
What is the Supreme Court’s relationship with devolution?
SC can consider whether legislation passed by a devolved legislature is outside its legislative competence
Three ways in which this might arise:
(1) By reference from a devoluted or UK law officer to the SC (Attorney General)
(2) Through an appeal from certain higher courts in England and Wales, Scotland and NI
(3) Through a reference from certain appellate courts
- SC has made it clear that acts of devolved legislatures can normally only be challenged on the grounds that they exceed the legislative competence of the legislature, but they cannot be challenged on common law grounds, such as irrationality
- This is because it would be inappropriate for judges to substitute their opinions for the views of a democratically elected legislature
What are the 3 tiers of the new committee structure which manages the relationshp between the UK Government and devolved administrations?
1) The Prime Minister and Heads of Devolved Government Council
- Considers strategic issues affecting the UK as a whole and provides direction to the wider intergovernmental relations structure
2) Interministerial Standing Committee and Finance Interministerial Standing Committee
- IMSC addresses strategic matters beyond individual portfolios and reviews portfolio-level engagement. Its membership varies but always includes ministers responsible for IGR.
- F:ISC has a similar strategic role but focuses on fiscal issues, including funding and financial disputes, with finance ministers from the UK and devolved governments as members.
3) Interministerial Groups
- Intended to facilitate regular
portfolio-level discussion between departmental ministers and cover devolved areas (e.g. culture) as well as reserved areas that have an impact on devolved matters (e.g. trade)
Additionally, there is a formal dispute resolution system exists to prevent escalation and to encourage cooperation between governments. Disagreements should be resolved at the portfolio level if possible, with mediation sought before the start of formal procedures. An impartial body must chair the process.
Can an Act of Parliament of the devolved matters be opposed by UK Parliament?
The Secretary of State may prevent legislation enacted by the Senedd being submitted for royal assent, even if it covers a devolved matter, where it would adversely affect a reserved matter
