Component 2

• Devolution


  Transfer of power (not sovereignty) from central govt to local/regional govt
• Asymmetrical devolution


  The powers devolved to different nations vary
• Legislative devolution


  Power to make primary legislation (in devolved policy areas)
• Financial devolution


  Power to vary taxes (rather than relying solely on UK govt grants)
• 1998 Scotland Act

  • Created Scottish govt/Parliament
  • Primary/secondary legislative powers & limited financial
  • Scotland's interests over reserved matters represented by SoS for Scotland & Scotland Office
  • Devolved matters include education, health
• What requirement do Scottish bills have to meet?

  • Has to be within Scottish Parliament's 'competence' (within its devolved powers)
  • Bills passed by Scottish Parliament can be referred to the Supreme Court to check it is within competence
• 2016 Scotland Act:

  • Additional legislative powers e.g. welfare
  • New income tax powers
  • Recognised Scottish govt/Parliament as permanent constitutional features
  • Recognised Sewel Convention
• 1998 Government of Wales Act:

  • Secondary legislative power (administrative devolution)
  • Welsh Assembly (combined legislative/executive chamber)
  • UK Parliament continued to legislative for Wales: Welsh Assembly limited to some secondary legislation
• 2006 Government of Wales Act:

  • Established separate Wales Assembly Govt (executive) accountable to the legislature
  • Devolved some primary legislative power
  • Transfer of further powers if voters supported it in a referendum
• 2011 Welsh Devolution Referendum:

  • Should Assembly be able to make laws on all matters in 20 devolved policy areas?
  • 63% voted 'Yes'
• 2014 Wales Act:

  • Devolved power to set income tax rates but only after a successful referendum
• 2017 Wales Act:

  • Removed requirement on referendum on power over income tax
  • Recognised Welsh Assembly as a permanent constitutional feature which can't be abolished without referendum
  • Devolved legislative power over all 20 devolved policy areas
  • Welsh Assembly renamed 'Senedd'
• 1998 Northern Ireland Act:

  • Devolved executive/legislative powers to the Executive/Assembly
  • Excepted matters (only Parliament can legislate) e.g. constitution
  • Reserved matters (Assembly can legislate with govt consent) e.g. broadcasting
  • Transferred matters (full legislative power) e.g. education
• How the Northern Ireland Executive is appointed:

  • Members designate themselves as 'unionist', 'nationalist', 'other'
  • Largest party in largest community appoints FM
  • Largest party in 2nd largest community appoints Deputy FM
  • Completely equal positions: if one resigns, the other is removed
• How positions in the Northern Ireland Executive are allocated:

  • Proportionally: D'Hondt Formula using the number seats
  • Party with the highest result gets to choose ministerial position
  • Repeated until all positions allocated
• How decisions are taken by the Northern Ireland Assembly:

  • Mostly majority vote
  • Key decisions e.g. approval of a budget require cross-community support: either parallel consent (more than 50% of both nationalists & unionists ) or weighted majority (more than 60% of the Assembly, including 40% of both nationalists & unionists)
• Barnett Formula:


  • Used to allocate funding for devolved administrations
  • Aims to give same per-person change in spending whenever UK govt changes English spending
  • Change in UK govt spending X extent to which these services are devolved X population proportion compared to England
• Barnett consequential


  Increase in funding according to Barnett Formula

  • Doesn't have to be spent in a specified area
• Use of the Barnett formula during the 2017 Conservative-DUP Agreement:

  • Conservatives made a confidence & supply deal with the DUP: DUP would support the govt in confidence motions, budget, Brexit legislation, etc. for extra £1 billion funding for NI
  • Scotland/Wales argued they should also receive extra funding but no real way to contest it
• Problems with the Barnett formula:

  • Unequal per-person spending: higher spending in Scotland (because of lower population density) has been preserved by the Barnett Convergence (different rates of population growth)
  • Spending doesn't reflect socio-economic need e.g poor areas in England receive below average funding
• How the pandemic demonstrated the extent of devolution:

  • Pandemic response requires many devolved policy areas; devolved bodies had to play key role in UK's response
  • Lockdowns varied across UK: showed how much power has been transferred
  • Lockdowns/economic support tailored to local needs e.g. Scotland's early support for its fishing industries
• How the pandemic highlighted the limits of English devolution:

  • Metro mayors criticised move from national -> regional lockdowns
  • Scottish/Welsh/NI FMs invited to COBRA, regional English representatives not
  • Local representatives didn't have a say when local lockdowns were designed
• How did New Labour devolve power to English regions?

  • Regional Development Agencies
  • Elected Regional Assemblies
• Regional Development Agencies:

  • Public bodies developing strategies for economic development/investment/employment in a region
  • Governed by a board appointed by ministers from business, local govt etc.
  • 9 created in 1998
• Elected Regional Assemblies:

  • 25-35 elected members led by a small cabinet
  • Power to set targets/strategies for region to be implemented by the local authority
  • Consultation held to gauge interest, then referendums planned in several northern regions; North East voted 'No' by nearly 80% so plans cancelled (but may have been an anti-Iraq/govt protest vote)
• How New Labour devolved power to London:

  • Greater London Authority Referendum 1998: 72% voted for Greater London Authority with an elected mayor & assembly
  • Mayor oversees London police/fire/TfL & lobbies Westminster for money/investment
  • Scrutinised by Greater London Assembly: elected & can amend Mayor's budget proposals/strategies
• Devolution deals:

  • In return for directly elected mayor, combined authority gets more funds/powers over transport, welfare-to-work programmes, etc.
  • Mayor sets out strategies/budgets to be approved by the various council leaders
• English Votes for English Laws:

  • 2015: MPs approved changes to Standing Orders giving English/English & Welsh MPs 2 opportunities to veto all/particular clauses of bills only affecting England/England & Wales (speaker decided if this was the case)
  • Legislative Grand Committee of English/English & Welsh MPs had to approve a consent motion before bill could have its 3rd reading
  • Lords amendments concerning only England/England & Wales had to secure a 'double majority' of the Commons & of English/English & Welsh MPs)
• Abolition of EVEL:

  • 2021
  • Govt argued it undermined constitutional principle that all MPs have equal status/voting rights
  • Others argued it was insufficient: only allowed English/English & Welsh MPs to block (not create) reforms & other MPs could still vote at later stages
• What was the European Union (Legal Continuity) (Scotland) Bill

  • Transferred all existing EU law on devolved matters into Scots law
  • Passed by Scottish Parliament before UK equivalent was passed
  • Any secondary legislation by UK ministers to amend retained laws would require consent of Scottish ministers
  • SC unanimously ruled this was inconsistent with the principle that UK Parliament has unqualified legislative power in Scotland
• What is the UK internal market?


  Set of trading relationships between the 4 nations
• 2020 Internal Markets Act:

  • Mutual recognition: any good that meets standards in one part of the UK is automatically acceptable for sale in other parts
  • Non-discrimination: each nation's rules can't discriminate against goods/services from other parts
  • Passed without Scottish/Welsh/NI consent
• Northern Ireland Protocol:

  • Requires NI to follow EU rules on product standards & carry out checks on certain goods arriving from GB
  • DUP argues this effectively creates border in Irish Sea (undermines NI's place in UK); DUP FM resigned over this in 2022
  • Fears of a 'hard border' (checks on goods/people) which could disrupt peace process
• Changes to devolution by coalition and Conservative govts:

  • More elected mayors
  • Elected police & crime commissioners (accountable quality of policing) in all English/Welsh areas
  • Manchester given control over health & social care budget in 2016
• How the Welsh National Assembly is elected:

  • 60 members elected with AMS
  • 40 from single-member constituencies using FPTP
  • 20 from 5 multi-member regions using PR
• Structure of the Scottish Parliament/how it's elected:

  • Unicameral legislature
  • MSPs nominate FM: leads Scottish govt/appoints ministers/chairs cabinet
  • 129 seats (1 MSP per constituency elected using FPTP), 8 regions (parties run multiple candidates per region, 7 MSPs per region elected using AMS)
• How the Northern Ireland Assembly is elected:

  • Single Transferable Vote
  • Ensures all sections of a very divided society are represented
• Why Labour Party included devolution in its 1997 manifesto:

  • In pre-election polls, not certain that Labour could win majority: talks were held with the Lib Dems (strong devolution supporters)
  • Legacy of John Smith (late Labour leader): supporter of devolution so Blair needed to continue this to keep support
• Arguments for further devolution in England:

  • West Lothian Question (as EVEL has now be abolished)
  • England should have equivalent form of separate representation
  • Addressing rising English nationalism e.g. support for Brexit
  • Successful where it has been introduced e.g. elected mayors
• Arguments against further devolution in England:

  • West Lothian Question isn't an issue: few examples of Scottish MPs influencing the outcomes of these votes
  • England would dominate what was left of a national parliament
  • Undermines Parliament's role: not much to legislate on other than defence/foreign relations
  • Many English regions have rejected devolution e.g. elected mayors