Devolution Flashcards
(12 cards)
What is devolution?
Devolution in the UK
Devolution is the process of transferring policy-making powers from the central
government to sub-national institutions. It’s an ongoing process, not a one-time
event. The UK Parliament retains parliamentary sovereignty.
Key points about the nature and process of deovlution
- Devolution in the UK is asymmetric, meaning that each devolved institution has different powers and features.
- Each devolved legislature has primary legislative powers to varying degrees and are elected under different electoral processes. * These primary powers
include law, law and order, and health and transport. - The UK Parliament retains powers over reserved matters such as foreign policy, trade, and immigration.
- Devolution stems from discontent within the centralized Westminster model and the revival of nationalist identity.
- Scotland has been the most vocal about devolution and independence.
Scottish devolution
Legislature: Holyrood Palace
Members: 129 MSPs
Electoral System: AMS
First Minister: Leader of the largest party in Holyrood. The current First
Minister is John Swinney.
- Scotland Act 1998: Guaranteed primary legislative powers in health, education and transport and tax-varying powers (3% difference to the UK, or 3p to the pound). Westminster retained sovereign reserved powers related to the UK constitution, foreign policy, fiscal policy, and immigration.
- Scotland Act 2012: Scottish Parliament given limited tax raising powers, including setting Scottish income tax, stamp duty and landfill tax, and greater borrowing powers.
- Scotland Act 2016: Post-2014 indie ref. Default control of income tax rates and bands. Scottish Parliament can use 50% of VAT revenue generated in Scotland, giving them an extra £15 billion. Extended some control over welfare benefits, transport, energy. Recognised the Scottish Parliament as permanent (symbolically; legally Westminster could still repeal).
- Supreme Court 2022 Ruling: SC ruled the First Minister Sturgeon did not have the power to hold another referendum without Westminster’s approval.
- Gender Recognition Bill: Passed in Holyrood but blocked by Westminster,
using Section 35 of the Scotland Act, interfering with the bill on constitutional
grounds because it dealt with rights, showing that Parliament is still sovereign. - 2025 SC ruling: The UK Supreme Court ruled that under the Equality Act 2010, the terms “woman” and “sex” refer to biological sex, not gender identity, even if someone holds a Gender Recognition Certificate (GRC). This ruling came from a challenge to a 2018 Scottish law that aimed to increase women’s representation on public boards by including trans women, illustrating how the sovereignty of Scottish Parliament can be compromised.
The UK is much closer to becoming a quasi-federal state, as the Scottish
Parliament cannot be abolished by an Act of Parliament.
Scotland used to be a Labour stronghold but has been dominated by the SNP
since 2010.
Previous First Ministers include Alex Salmond, Nicola Sturgeon, and Hamza
Yousuf.
Welsh devolution
Legislature: Senate, Welsh Assembly
Less clamour for Welsh nationalism compared to Scotland
Members: 60, elected by AMS, but will be changed to list system (more pure PR), Speculation that the list system could increase the number of seats for Plaid Cymru.
The Welsh Labour Party has been in power, either solely or in a coalition, since
the first election in 1999.
Nationalist independence movement has had less of an impact in Wales
compared to Scotland.
- Government of Wales Act (1997): Established a Welsh National Assembly
and Welsh Executive but did not grant legislative or financial powers, only
administrative powers to implement and interpret Acts of Parliament passed by
Westminster. - Government of Wales Act (2006): Separated the Executive from the
legislature and offered greater primary powers if endorsed by a referendum. - Wales Act (2014): Greater devolution granted with the Welsh Government
able to control taxes such as stamp duty, land tax, and landfill tax. Symbolically changed the name of the executive to the Welsh Government. - Wales Act (2017): Control of 10% of Welsh income tax revenue and cemented
the Welsh Assembly in the UK constitution.
Mark Drakeford has been the first minister since 2018.
Northern Irish devolution
Assembly: Stormont
Communal conflict between Unionists (Protestant) and Nationalists (Catholic).
Terrorist campaigns by Republican and Loyalist groups during The Troubles.
Bipartisanship is forced as both Unionists and Nationalists must cooperate.
- Good Friday Agreement (1998): Forced power-sharing between Loyalists and
Nationalists and set up a distinctive party system with STV (Single Transferable
Vote). DFM and FM position. Gave control over education, health, agriculture, environment. - Northern Ireland Act 2009: Enabled the devolution of policing and justice powers.
- Northern Ireland Protocol (Brexit) 2021: Prevents a hard border with the Republic
of Ireland (EU member using the euro), allowing free trade with Ireland despite
not being an EU member. - Frequent suspensions, for example, between 2022-2024 over Brexit tensions.
The DUP refused to form a government with Sinn Féin, despite Sinn Fein being the
biggest party and entitled to the First Minister post, showing that devolution
may not be as effective as it could be. - The DUP and Sinn Féin have agreed to cooperate, with Michelle O’Neill (Sinn
Féin leader) as First Minister and Emma Little Pengelly as Deputy First Minister
(not the DUP leader).
What is the West Lothian Question and EVEL?
The West Lothian Question: Is a constitutional issue in the UK that asks: Why should MPs from Scotland, Wales, and Northern Ireland be allowed to vote on laws (health, education) that only affect England, when English MPs can’t vote on devolved matters in those nations? It questions the asymmetry or devolution, and why England does not have its own legislature.
2015 “English Votes for English Laws” (EVEL) attempted to resolve this question, which gave English MPs a kind of veto on laws affecting only their regions, if the influence of Scottish / NI / Welsh MPs swayed the outcome. EVEL was suspended during COVID and formally scrapped in 2021, as it was seen as complicated and divisive.
The English Question: The question remains unresolved and reflects the asymmetrical nature of UK devolution — where different nations have different levels of autonomy, but England has none of its own. The absence of a devolved assembly in England raises questions about the completeness and symmetry of devolution in the UK.
What were the results of key devolution referendums?
1979: Scotland and Wales – Failed (Wales 20% yes, Scotland 33% yes vs. 40% threshold)
1997: Scotland – 74% yes for devolution, 63.5% for tax-varying powers
1997: Wales – 50.3% yes
1998: Northern Ireland – Good Friday Agreement passed
2011: Wales – 63.5% yes for full legislative powers
2014: Scotland – 55% no to independence
2016: UK – Brexit caused friction and renewed nationalist demands
What are the criticisms of devolution?
- Weakens the union and fosters separatism
- Leads to inconsistent policy and funding (126 for Scottish, 100 for English), Barnett formula means more if given to Wales, Scotland and NI than England
- Increases taxpayer costs
- Evolves into quasi-federalism and horizontal power structures
- Destabilisation and greater nationalism
- Divergence from original goals: cost-effective governance, fair representation, unity
What has devolution looked like for England?
- Greater London Authority (GLA)
Established in 2000, featuring an elected mayor and a 25-member assembly. Responsibilities include transport, policing, taxation, and housing. Mayoral and Greater London Assembly elections are distinct. This devolved body cannot legisalte, only administrate. Sadiq Khan’s initiatives include freezing London transport (TfL) and introducing the Hopper fare, which shows the success of devolution in tailoring transport policy to city-specific needs (pollution, accessibility and affordbility)
Regional Assemblies Outside London: Plans existed for eight other regions to form assemblies with limited executive functions, but with varying success.
* Manchester Mayor Andy Burnham is noted as a success story, similar to Khan he set up a “Bee Network”, a new integrated transport system that aims to provide affordable, accessible, and sustainable travel options
* Plans for other regional assemblies failed in 2004 after the North East
England devolution referendum, with 78% voting against.
* Election of the 2025 Hull and Est Yorkshire metro mayor to match that of the rest of Yorkshire.
Example: Policy divergence, Wales, Health
In March 2025, the Welsh Senedd introduced new health legislation to alter how unhealthy food is marketed. The Food (Promotion and Presentation) (Wales) Regulations Act (2025) bans supermarkets from displaying unhealthy food near tills and on the end of aisles. This is to tackle Wales’s growing obesity problem, where it is the nation with the highest obesity rate in the UK. This shows how the Welsh Assembly, especially since the 2017 Wales Act, controls many services including health and social services and has significant autonomy to respond to the needs of their populations.
Compared to Wales, the Conservative Government introduced measures to tackle HSFF food in 2022, whilst Scotland is yet to introduce new legislation. This shows how there is significant variation in policy across the UK and divergences in policy mean that different citizens have different access to healthcare, education etc. and are subject to different laws.
Example: mini policy divergence comparisons, Scot / Wales / NI / Eng
Scotland: No tuition fees for Scottish students at Scottish universities, England is £9535. Different exam system (e.g. Highers instead of A-levels). Free prescriptions for all. Ambitious net-zero goals: legally binding 2045 target (earlier than UK’s 2050). Has its own legal system, police force, and courts.
Wales: Free milk for under 7s, abolished SATs for primary school children. Also free prescriptions. Justice is not yet devolved.
Northern Ireland: Retains grammar school system. Free prescriptions. Justice devolved in 2010. Distinct police service (PSNI) and legal framework post-Good Friday Agreement.
COVID-19 Policy Divergence:
Each devolved government had control over public health during COVID: Scotland and Wales had stricter lockdowns or different timings. Face mask rules, travel restrictions, and school reopening dates varied. This showed real-time policy divergence and different leadership styles (e.g., Nicola Sturgeon’s daily briefings vs. Boris Johnson’s approach).
ETVT Devolution has been successful.
Devolution emerged during a series of constitutional reforms begun by Blair in 1997, as part of New Labour’s vision of democratisation, decentralisation and modernisation. Devolution in the UK has been an ongoing process, defined as the transfer of powers from Westminster to regional governments in Scotland, Wales, Northern Ireland, and, to a lesser extent, English regions. The impact of devolution has varied significantly across these regions, sparking debate over whether it has been successful or beneficial. While some argue that devolution has strengthened democracy by improving local representation and accountability, others contend that it has led to fragmentation within the UK, governance inefficiencies, and an unresolved “English Question.” By examining the effects of devolution in terms of asymmetry (both in powers and policies), its impact on democracy and the constitution, and its influence on the cohesion of the unitary state, this essay will ultimately argue that while devolution has brought some benefits, it has also contributed to the fragmentation of the unitary state, edging the UK toward a precarious position of slow independence. NUANCE: it depends on what you define the criteria of “success” for devolution is
- Policy divergence: Policies of the devolved regions and UK legislation differ greatly, for example English university fees are set to rise to £9520 for 2026, yet university is free for Scottish students. Similarly, in Wales prescription is free until 25, but has to be paid for in England after 18. This creates a disparity in a supposedly united unitary state is arguably undemocratic and unfair.
- Policy divergences: These can be successful for the devolved regions, as they reflect the local democracy and identities, for example Scotland’s provision of gender equality and Wales introduction of the bag tax. This means that devolution serves to maintain univty with the devolved regions which have deifferent internests, as it ptovides them a capacity to suit their local needs without needed to break away from the union entirely. Without devolution, Scottish and Welsh needs wpuld have arguably been sidelined in an English-centric UK palralisment. These policy differences have been made over trivial things, like Wales offering free milk to under 7s, and is better than having entirely independent nations. Generally, policy differences are not insurmountable. It has been successful and not threatened the UK’s unity.
- Relations between the regions: On the one hand, the rise in nationalism and tensions between the devolved regions can be viewed as a limitation of devolution. The dominance of the nationalist parties such as Sinn Fein / DUP / Plaid Cymru and particularly SNP illustrate the strong nationalist sentiment existing in the respective regions. SNP’s consistent and insistent call for a second independence referendum has been inflamed since Brexit, despite the failure of the 2014 one. Especially the 2022 court ruling to prevent calls for this, as well as the 2025 SC ruling on gender rights would further inflame nationalist tension with UK Westminster centralised control. Clashes between Scottish Ministers and the SC have been critical in undermining the sovereignty of the Scottish people, clearly showing how their wishes have not been upheld (2025 gender ruling)
- Relations: Devolution has been successful in satisfying some part of nationalist sentiment for self-governance, as Wales’ stable coalitions and relatively less strong nationalist Party has been satisfied and not as much clamour for independence as Scotland has been. The Welsh Labour party has always been in power in the Welsh assembly, suggesting the success of devolution in still keeping ties to the UK Westminster model. THE decline of SNP with only 9 seats in parliament suggests that nationalist tensions less likely to be inflamed as it was int he 2010s. Sir Keir Starmer has confirmed that he will establish a Council of the Nations and Regions, which will involve the Prime Minister, the First Ministers of the three devolved administrations and the mayors of England’s combined authorities, showing how devolution can be more successful with improved relations. There is considerable apathy in Wales for independence and further devolution, only less than 50% turned out for a resounding no to further devolution
- Asymmetry of devolution: Power and sovereignty has been distributive in the UK in an uneven way, with the different parliaments and assemblies having different levels of authority. Scotland has the greatest power in terms of legislative and administrative, as they are able to control tax from 10p to the pound and control landfill tax and stamp duty. However, English mayor only have limited administrative powers. The asymmetry has also led to the unresolved “West Lothian question” whereby the devolved regions would have have authority to rule on English issues, but England is unable to decide devolved matters. This divergence leads to unpleasant contempt between each devolved body.
- Asymmetry: In reality, these differences have not had as much of a pronounced impact as it is theroised. The system presents a suitable fit for the levels of devolution necessary, an is flexible and liable to change due to the nature of the UK’s uncodified constitution, and prevents a quasi-federal system. It is crucial for the UK government to retain some level of authority over NI due to the frequent suspensions.
Representation: Devolution has bolstered descriptive representation, such as two women FM and DFM in Ireland,
