UK Government - Devolution Flashcards
(36 cards)
What is devolution?
- The delegation of some governmental powers, known as devolved powers, away from the centre to the regions which have their own elected assemblies / parliaments that make many laws themselves - certain policy matters, such as trade, defence and foreign policy are retained by Westminster, termed reserved powers
- The British Constitution has been traditionally described as unitary, with the emphasis on power being concentrated in the centre in Westminster.
- Devolution, introduced and expanded in Scotland, Wales and Northern Ireland since 1997 has modified that description somewhat and led some to describe the UK as having elements of the federal state
- How it is different to federalism -> Powers given away by parliament through devolution can be reclaimed; in contrast, powers given through federalism involve a permanent alienation of the powers to the states or regions, and require a formal change to a nation’s constitution to alter this
Who introduced devolution and when?
- Devolution was successfully introduced in 1998 by Tony Blair’s Labour Government as part of his programme to introduce constitutional changes.
What had been carried out to ensure devolution would be welcomed?
- This devolution followed a positive set of referendums in 1997-98 when all three regions approved proposals for electing devolved assemblies - Blair congratulated Scottish voters on the referendum outcome, claiming the era of a large centralised government was over in a time of change, modernity and renewal.
How popular has devolution proven to be?
- Devolution has proved largely popular in all the other regions of the UK, but it has not yet been extended to England as it is not as popular here, and the powers of devolved assemblies have been extended due to this popularity.
Why is it not accurate to say that devolution was new to the UK in 1998?
- Devolution was debated earlier by the 1974-1979 Labour government, and so it was not new to the UK in 1998; Tony Blair was simply the first to successfully introduce it after a period of Conservative governments emphasising a unified Britain. Northern Ireland also had its own elected parliament from 1921 to 1972 until it was suspended due to ‘the Troubles’, and abolished altogether in 1973. In addition, Scotland has always had its own education and legal system, and so devolution already existed in some form before 1998.
Devolution in Scotland - Previous powers
- Tax-raising powers and the ability to pass legislation in designated areas (primary legislative powers).
Key information on Scottish devolution
Name of parliament building
- Scottish Parliament Building
Location of parliament building
- Holyrood area of Edinburgh
Number of elected members
- 129 members
Current first minister (name and party)
- Nicola Sturgeon, SNP
Electoral system used and frequency of elections
- Additional member system (AMS) / Proportional Representation for MSPs
- Every 4 or 5 years
Result of referendum on devolution -
74.29% For
25.71% Against
Acts used to devolve powers and details of powers and responsibilities to Scotland
1) Scotland Act 1998: gave the Scottish parliament primary legislative powers in a number of domestic areas, including law and order, health, education, transport, and the environment. It could also vary the rate of income tax by up to 3p in the pound → the Scottish variable rate (SVR)
2) Scotland Act 2012: transferred significant tax-raising powers to the Scottish parliament, most notably the ability to raise or lower income tax by up to 10p in the pound - the Scottish rate of income tax (SRIT). It also developed stamp duty and landfill taxes to Scotland, and allowed the Scottish government to borrow up to £5bn and set up its own tax authority, Revenue Scotland
3) Scotland Act 2016: involved a further major transfer of powers over to the Holyrood Parliament, including authority over areas such as equal opportunities, abortion law, speed limits, and gaming machines. It also allowed the Scottish Parliament to set its own rate of air passenger dirty (APD) and create income tax rates across any number of bands, and to make its own laws regarding who could vote in elections for the Scottish Parliament subject to a ⅔ vote by the Holyrood Parliament. This extension of powers was in part the delivery of a promise made by the ‘No’ side during the 2014 Scottish independence referendum campaign.
Devolution in Wales - Previous powers
Began with an assembly with a lot less peers than Scotland, and had fewer powers as it had a much lower level of initial support for devolution
Key information on Welsh devolution
Name of parliament building
- The Senedd building
Location of parliament building
- Cardiff
Number of elected members
- 60 members -> 40 are chosen to represent individual Senedd constituencies, and 20 to represent the 5 electoral regions of the Senedd in Wales
Current first minister (name and party)
- Mark Drakeford
- Welsh Labour Party
Electoral system used and frequency of elections
- AMS - Additional Member System (Senedd elections)
Supplementary vote (Police and Crime Commissioner elections)
- FPTP - UK elections
- Happens generally every 4-5 years, recent elections since 2014 have happened every 5 years due to the Wales Act in 2014
Result of referendum on devolution -
- 50.3% supported devolution, a majority of only 6,721 votes.
Acts used to devolve powers and details of powers and responsibilities to Wales - 1998-2011
Government of Wales Act 1998 -
- Set up the Welsh Assembly, which lacked primary legislative powers but did have the ability to devise secondary legislation in specified areas, including agriculture, fisheries, education, housing and highways
Such powers were broadly equivalent to those previously held by the secretary of state for Wales
Government of Wales Act 2006 -
- Extended the powers of the assembly by allowing them to request further powers from Westminster and to gain primary legislative powers if approved by a referendum
It also set up a proper executive body, the Welsh Assembly government (as of May 2011 known as the Welsh government)
2011 referendum -
- Following approval in the referendum, which asked the question of whether the Assembly should be able to make laws on matters in the 20 subject areas it has powers for - this lead to the Welsh Assembly gaming the power to enact primary legislation in 20 devolved policy areas, including health, transport and agriculture
This referendum resulted in a resounding ‘Yes’ vote of 64%, a clear indication of the growth in support for the Welsh government since 1997
Acts used to devolve powers and details of powers and responsibilities to Wales - 2014-2020
Wales Act 2014 -
- Represented the first major transfer of some tax-raising powers to the Welsh government, and these included stamp duty, business rates and landfill tax, and enabled the Welsh government to replace them with taxes specific to Wales
Wales Act 2017 -
- Represented a further transfer of important powers to Wales, and it gave the Welsh government considerably greater primary legislative powers in additional policy areas, including control over its own electoral system (subject to ⅔’s majority in the government) and policy areas such as road signs, onshore oil and gas activity, harbours, rail franchising and energy efficiency
- It could also vary the rate of income tax by up to 10p in the pound, and set up the Welsh Revenue Authority and the government also gained the power to change its name, and it put Welsh devolution on largely the same footing as Scotland, with the only policy areas omitted being policing and justice
Senedd and Elections (Wales) Act 2020:
- This Act, passed by the Welsh government using the powers devolved to it by earlier Westminster legislation, formally changing the name of the legislature to Senedd Cymru or the Welsh Parliament
- Gave the vote to 16-17 year olds for Welsh parliamentary and local elections as in Scotland
- Also has additional authority over legislation concerning the use and role of the Welsh language, and Wales has also made effective use of its primary legislation powers; Wales passed an ‘opt out’ system for organ donation in 2015, a move adopted by England in 2020
Devolution in Wales - A Summary
- In 1284, English common law was given power in Wales through the Statute Rhuddin (Statute of Wales) and since the 1200s Wales has been part of the English legal system
- Never had an independent parliament - this has been a gradual process through different pieces of legislation
Government of Wales Act 1998 - was executive devolution, not legislative devolution, and so there was no transference of legislative powers (Welsh Assembly as a result) - What the Welsh Assembly can do -> economic development, agriculture, education, tourism, environmental policy, the Welsh language
- Did not establish a separate executive entity, but there has been the establishment of a shadow Welsh Assembly Government
- The legal limitations led to some dissatisfaction with this Act
- Government of Wales Act 2006 - aimed to correct the dissatisfaction of the 1998 Act
– Provided the mechanism for which more legislative power may be affected, and this allowed for ‘Acts of the Assembly’ - Wales Act 2014 - Provided fiscal devolution could be subject to a referendum (this provided by the Wales Act of 2017, which removed the need for a referendum to pass fiscal devolution)
– Also led to the adoption of the ‘reserved matters’ model like in Scotland
– Formally recognised that the National Assembly of Wales and the Welsh government as legitimate parts of the Constitution
Devolution in Scotland - A Summary
- The basis for devolution in Scotland was the 1998 Scotland Act, but this act has been amended over the years
- Scottish devolution would be both legislative and executive devolution, meaning that the Scottish Parliament would always be able to pass primary legislation, making there devolution much more powerful than Wales in the initial Blair reforms
- Areas reserved to Westminster in terms of policy:
– Monetary policy, immigration policy, international Law, the Crown, Defence and Security
– Scotland cannot legislatie these issues, and any legislation that may influence these matters are considered to be Ultra Vires and it must be compatible with the ECHR (and previously the EU law) - Fiscal policy - Scottish Parliament was initially able to vary the basic rate of income tax of UK income tax in Scotland by 3p; however, this power has been increased, and they can now set income tax rates on non savings and the Scottish rate for income tax, power to legislate on stamp duty (house buying) and landfill charges were all powers devolved to the Scottish Parliament (Scotland Act 2012)
- Pre-enactment scrutiny - before a bill is passed, the bill is assessed for if it overreaches the competencies of the Scottish Parliament
- Post-enactment adjudication - legislation is assessed after it is passed
Devolution in Ireland - Background of devolution
The Troubles - A period of sectarian violence which involved terrorist campaigns by both loyalists / unionists (group that wishes NI to remain part of the UK) and republican / nationalist (group that wishes to unite with Eire and form a single united Ireland) paramilitaries. Both groups are sometimes associated with religious affiliations; unionists with Protestants and nationalists with Catholics. They began in 1969, arising out of the nationalist civil rights movement. It was a violent 30 year conflict between Protestant and Catholic groups in Northern Ireland between 1968 and 1998, and at the heart of the violence lay the constitutional status of Northern Ireland and whether it remained part of the UK or become part of the Republic of Ireland.
What the government was like between 1921-1972:
- Often described as the Stormont Parliament, this government was dominated by unionists and was seen as discriminatory towards the nationalist minority.
- It was suspended in 1972, and abolished in 1973, with any restoration of a devolved assembly needing to secure the engagement and agreement of both communities.
Post 1972 -
- Northern Ireland was governed by direct rule from Westminster, with the British Army conducting a large peace-keeping presence in the country, which was controversial to many nationalists and so any restoration of government had to be interwoven with wider peace processes.
- 1995 - Peace and greater stability was achieved to a large extent following ceasefires in 1995 by the main paramilitary groups, including the Provisional IRA.
The Good Friday Agreement - 1998; confirming devolvement in Ireland
- The Good Friday Agreement was signed in 1998 following detailed and lengthy negotiations involving the Northern Irish parties, the Irish and UK governments, and a weapons decommissioning programme overseen by ex-US Senator George Mitchell, with all sides signing.
- This made a promise of a return to a devolved government, but also contained other measures designed to embed the peace process, including a prisoner release for convicted paramilitary terrorists, reductions in the number of BA troops stationed in NI and civil rights measures.
- It promised ‘parity of esteem and of just and equal treatment for the identity, ethos and aspirations of both communities for the two communities of Northern Ireland’. As with other devolution it had to be approved by a referendum.
- Those voted into the Assembly would have to declare if they are unionist or nationalist in order to create a balance within the Assembly between the opinions
- The result was 71% in favour and 29% against, allowing the creation of the Northern Ireland Assembly and Executive; this legislative body and executive was established following the 1998 referendum, elected on a 5 yearly basis. (next ones are in 2022 and 2027).
The Northern Ireland Assembly in recent times
- However, since its creation in 1998, the Assembly was suspended between 2017 and 2020 due to the collapse of the power-sharing agreement between the DUP and Sinn Fein, which followed controversy over the DUP’s handling of the green energy scandal, compounded by deep divisions over the introduction of the Irish Language Act
- During this time, Northern Ireland was largely governed by civil servants, and Westminster used the absence of a functioning NI Assembly to extend same-sex marriage and legalisation of abortion in the province (shows the fragility of the NIA and the fragility of devolution to this area in general)
- These were both areas of devolved responsibility, but in the absence of the Assembly working normally, Westminster intervened, and such intervention in domestic policy of a devolved region is highly unusual and against the ‘spirit’ of devolution, but did reflect strongly held view across the parties of Westminster, who saw both issues as upholding the fundamental rights of the people of Northern Ireland, and the action was strongly criticised by the DUP
- This scenario proved the ultimate legislative authority of the Westminster Parliament, and in July 2019, MPs backed amendments that required the government to change abortion laws and extend same-sex marriage to NI if devolution was not restored by 21st October 2019, and as it was still in absence, the laws were changed
Key information about devolution in Northern Ireland
- Name of parliament building: Stormont
- Location of parliament building: Belfast
- Number of elected members: 90 (108 before 2017)
- Current first minister (name and party): Sinn Fein (First Minister), DUP (Deputy First Minister)
- Electoral system used and frequency of elections: STV (Single Transferable Vote, a type of proportional representation that ensures an even divide between the two communities)
Key terms for the Troubles
Unionists/Loyalists:
- They support the union of Great Britain and Northern Ireland. They are Protestant.
Nationalists/Republicans:
- They want an independent and united Ireland. They are Catholic.
Paramilitary organisations:
- A non-state military force.
The IRA (Irish Republican Army):
- A Catholic group who want a United Ireland.
The UVF (Ulster Volunteer Force):
- A Protestant loyalist group who support the Union.
The factors that complicate devolution in Ireland
Party structure:
- It is vastly different in Northern Ireland; it comprises parties from both communities;
- The DUP and the Ulster Unionist Party (UUP) on the Unionist side
- The Social Democrats and Labour Party (SDLP) and Sinn Fein on the Nationalist Side, along with the centrist Alliance Party and the Green Party
- The main Westminster parties have no major presence in the province, although the LibDems are aligned with the Alliance Party and there are historic ties between SDLP and Labour
- The Conservatives used to be in a formal partnership with the UUP, but now contest a few seats themselves, albeit with little success
Power sharing:
- Embedded in the structure, unlike Scotland and Wales, which ensures in practice that the executive always contains members of from both communities
- Ministerial posts are allocated on a proportional basis according to party strength, and in 2020 the Alliance Party’s Naomi Long was the justice minister although the bulk of ministerial posts were filled by the dominant parties, the DUP and Sinn Fein
- The first minister is chosen by the party with the largest number of seats, and the deputy first minister by the second largest party
The factors that complicate devolution in Ireland cont.
Position of MLAs:
- Assembly members must designate themselves as ‘nationalist’, ‘unionist’ or ‘other’ with the latter referring to non-sectarian
Devolved powers:
- Whereas Scotland and Wales have seen a considerable enhancement in powers since 1997, the NIA and executive has not have its power added to substantially since its inception, such as having limited tax-raising powers
Examples - How the Northern Irish Assembly is being compromised by Brexit:
- NI is the only part of the UK that borders an EU country, and the harsh trade rules of the EU meant that the border between the 2 as a soft border could be used as a backdoor for trade with the EU (no border checks)
- The UK is not part of the EU member trade agreement, and so what happens in Ireland is a point of debate as goods can be easily moved between the UK and an EU state without following these trade rules, and the only way to prevent this would be a hard border, which is unwanted by the people of Ireland
- Northern Ireland Protocol (Boris Johnson Draft) -Approved by the EU and UK, and also approved by pro-Brexit Conservatives, but was hated by the DUP
- A hard border was wanting to be avoided as it was believed it would cause more political violence, and Theresa May was unable to get Brexit deals through because of these issues (first draft consisted of a promise to not make a hard border)
- The Unionists disliked the second version of the protocol as it risked the position of NI as part of the UK as they thought it made a sea border in the Irish sea, and that goods could not be moved between the mainland UK and NI
- The power-sharing issue has meant that a new assembly is struggling to be formed as the DUP will not nominate a Deputy, and they have stated they will not name a deputy until the NI Protocol is removed
- The sticking point is the movement of goods which has become too complex
Has devolution worked well in the UK? - Yes
1) It has proved popular with voters. This has been particularly true for Wales when comparing the referendum results of 1997 and 2011.
2) It has been vital to enabling the peace process in Northern Ireland and enabling cross-community co-operation.
3) It has allowed regional political differences to be recognised. For example, Scotland is traditionally more left-leaning. The Scottish Parliament therefore has increased the income tax rate for the highest earners to 46p in the pound for those earning over £150,000 pa compared to 45p in the rest of the UK.
4) It has strengthened the union between regions by creating a ‘best of both worlds’ scenario, whereby the devolved regions are autonomous in many domestic policy areas, but benefit from being part of a much larger nation in the areas of defence and international trade etc.
5) It has encouraged innovation in policy making and enabled devolved assemblies to function as ‘legislative laboratories’. Administrations can learn from policies launched Elsewhere and then replicate them if they think they will be effective. For example, the Scottish government’s 2006 decision to ban smoking in enclosed public spaces was then extended to Wales, Northern Ireland and England.
6) It has enabled a variety of electoral systems to be used, and shown that minority or cross-party government can work.
Has devolution worked well in the UK? - No
1) It has led to inequalities in the provision and cost of public services within the UK. For example, university tuition is free in Scotland but costs over £9000 pa in England. Prescriptions are free in Wales and Scotland but not in England.
2) The SNP has called for a second independence referendum, suggesting devolution has not muted demands by many for full independence. Its position as the dominant party in Scotland also suggests many Scots want to go further than just devolved government.
3) Devolution has encouraged demands for greater separation and full independence, and therefore weakened the unity of the UK. The result of the Scottish referendum was quite close (55% to 45%) and devolution has given many the confidence that they can run their own affairs better without Westminster involvement. Brexit highlighted some of the divisions within the UK, as both Scotland and Northern Ireland voted heavily to remain that played no role in subsequent negotiations.
4) Community relations and devolution itself remains fragile, as evidenced by the prolonged suspension of the Northern Ireland Assembly from 2017 to 2020.
5) It has not led to any additional momentum for replacement of first-past-the-post for general elections. Cross party working in Northern Ireland has also proved problematic at times and lead to gridlock
6) Policy ideas, including the banning of smoking in enclosed public spaces or a 5p charge on plastic bags first brought in by the Welsh assembly, would have happened anyhow via Westminster.
The impact of Brexit on Welsh Devolution
- The EU rules no longer apply, and there has been a lot of change
- Devolved administrations want full control over issues such as tagging animals, and this has created more strength in Westminster with trade laws and other EU laws which have returned to them - the devolved assemblies have not taken on the EU rules, but Westminster has, lessening devolved powers
- Many Welsh businesses agree that Westminster should have powers over these kind of laws
- EU withdrawal bill undermines devolution, as powers that should be returned to devolved assemblies are being given back to Westminster instead - loss of powers
- Referendums about the powers of the Welsh Assembly should be respected, and that they should still be able to make decisions on domestic policy that the EU was once taken
- Some Welsh ministers support this as powers were in a central place anyway, and the most important part is clarity on procedures
The impact of the pandemic on Welsh Devolution
- The COVID-19 legislation on lockdowns etc has been solely the choice of the Welsh Assembly, and the independence on these decisions has allowed individual choices on the crisis; the decisions made are more personal to the country
- However, they suggest that it would be nice to have more unity in the UK - some residents have even complained about the confusion it has caused by being too devolved and individually in control, especially for those working and living on borders
- Rise in support for Welsh independence and abolition of the Welsh Assembly, and moving at a different pace to the UK has been a strength according to the First Minister Mark Drakeford
- Handling of the pandemic being more individual to Wales has weakened the support for the union as it gave an opportunity for the Welsh Assembly to have more of a direct legislative impact
The impact of Brexit on Scottish Devolution
- Brexit has weakened the union, as the push for Scottish independence has only grown since the Brexit referendum; this could lead to a breakdown of the United Kingdom, and so it has created a thirst for increased powers beyond devolution in the devolved countries
- However, England is Scotland’s main trading partner, and so easy trade is a compelling reason to not become independent as it would allow retained free trade with Europe despite not being in the EU laws as they would automatically become part of a new trade deal
- More of a fight for fiscal / economic control, and this is a major reason to push for independence and be able to legislate on a lot of Scottish issues
- Devolution only encouraged the nationalists, and this has only grown with Brexit
- 62% voted to remain - fuelled Scottish independence to remain in the EU as their own country, and the UK left without Scotland’s distinct wishes, and they feel unconsidered in the UK decision making (e.g. businesses having more restrictions they did not ask for)
- Support for independence overtook support for devolution following the EU referendum
- However, Scottish businesses are concerned about the possible trade impacts, but the want to take back control in Scotland is being pushed
