Devolution

• Asymmetrical devolution


  The different degrees of devolution in Scotland, Wales, and Northern Ireland
• Devolution process in the UK

  1. Failure of Northern Irish devolution 1922-72

  2. Devolution for Northern Ireland

  3. Rejection of Welsh and Scottish devolution 1978

  4. Devolution for Wales

  5. Devolution for Scotland
• The current form of devolution in the UK goes back to the late 1990s
• In 1997 voters chose to create a Scottish Parliament and a National Assembly for Wales
• In Northern Ireland devolution was a key element of the Belfast (Good Friday) Agreement and was supported in a referendum in 1998
• The UK Government has also developed decentralisation in England through the transfer of powers, budgets and responsibilities to mayors and through city deals
• Sewel (legislative consent) convention

  The UK parliament "will not normally legislate with regard to devolved matters without the consent" of the devolved legislatures
• Referendum


  Usually about the territorial division of powers in the UK
• Referendums in the UK

  • 1975: membership of the EU
  • 2011: proposal for an alternative voting system
  • 2016: membership of the EU
  • 1998 Greater London Authority referendum
  • 2004 North East England devolution referendum
  • 1973 Northern Ireland sovereignty referendum
  • 1998 Northern Ireland Belfast Agreement referendum
  • 1979 Scottish devolution referendum
  • 1997 Scottish devolution referendum
  • 2014 Scottish independence referendum
  • 1979 Welsh devolution referendum
  • 1997 Welsh devolution referendum
  • 2011 Welsh devolution referendum
• Decentralisation and internationalisation are a worldwide phenomenon
• Since September 2014, there have been 529 strategy papers or plans, or more than one published every week, and 669 consultations in Scotland
• That leaves the devolved administration in Scotland "top-heavy and cluttered", and prizing announcements over delivery, draining civil service resources at the expense of action, leaving a significant implementation gap
• Devolution


  The transfer of powers from a central government to subnational or regional governments
• Devolution framework


  • Devolution is asymmetrical
  • Devolved settlements use both methods: define national level powers and sub-national unit has all remaining ones, or define sub-national unit powers and all other powers are exercised nationally
  • Similar general restrictions on the devolved government and legislatures
• Policies, laws, and implementation

  • Free long-term care for elderly in Scotland (not England & Wales)
  • Free university tuition in Scotland (not England & Wales)
• Devolution: Scotland


  • Scotland Act 1998 provides the legal framework, including devolution of powers, Scottish executive, reserved matters, tax powers, Scottish Parliament elections, legal and judicial system
  • Scotland Act 2012 and Scotland Act 2016 further expanded powers, granting additional tax and welfare powers to Scotland
• Devolution: Wales


  • Government of Wales Act 1998 (devolution light), superseded by Government of Wales Act 1998 (Modification) Order 2001, providing devolution of powers, executive and assembly, legal and judicial systems, reserved matters
  • Wales Act 2014 and Wales Act 2017 expanded devolved powers
• Devolution: Northern Ireland


  • Northern Ireland Act 1998 provides the legal framework, including devolution of powers, executive authority, power sharing, North-South Ministerial Council, cross-community support, reserved matters
  • Subsequent agreements and amendments, such as the St Andrews Agreement in 2006, have further shaped the devolved institutions
• Cases where courts have interpreted devolution acts

  • Robinson v Secretary of State for Northern Ireland [2002] UKHL 32
  • Whaley v Lord Watson of Invergowrie 2000 SC340
  • Imperial Tobacco Ltd v HM Lord Advocate as Representing the Scottish Minsters [2012] ScotCS CSIH 9
  • AXA General insurance Ltd and others v HM Advocate and others [2011] UKSC 46
• Structural differences

  • All four administrations are committed to the principle of good communication with each other, especially where one administration's work may have some bearing upon the responsibilities of another administration (Memorandum of Understanding)
• Intergovernmental relations


  1. Coordination between the UK departments and the devolved administration on particular areas of policy

  2. Joint Ministerial Committee (JMC) is a high-level forum for the leaders of the UK government, Scottish executive, Welsh National Assembly and (when devolution is not suspended) the Northern Irish executive
• The English question

  • Decentralisation of executive and legislative powers to new bodies in Wales, Scotland and Northern Ireland, but not in England
  • Governing England: too large to have a single devolved government, divide into regional government (only happened in London)
  • Law making: members of UK Parliament representing constituencies in Scotland, Wales, and Northern Ireland can vote on bills about England, but there is no reciprocity for MPs representing English constituencies
• Matters relating to the whole UK

  • Defence
  • Foreign and commonwealth relations
  • Tax and economic policies
  • Immigration and nationality
  • Constitutional reform
  • Energy
• Matters relating to England only

  • Education
  • Rural affairs, fishing, and food
  • Housing
  • Health
  • Tourism
  • Aspects of trade and industry
  • Town and country planning
  • Highways
  • Regulation of political parties
• Governing locally


  • 418 local authorities in the UK govern at local level
  • 400 town, parish, village, community and neighbourhood councils with limited powers
  • Executive powers: planning and building, accommodation for homeless, care homes, registering births/deaths/marriages, parking, waste collection
  • Legislative powers: by-laws, e.g. number of dogs walked in parks
  • Local Government Act 1972
• The term 'asymmetrical devolution' refers to the fact that the devolution settlements in the UK differ in the powers and institutions granted to the devolved administrations in Scotland, Wales, and Northern Ireland
• The limits of devolved executive and legislative powers are enforced through the courts interpreting the devolution acts
• There is debate over whether Scottish, Welsh and Northern Ireland members of parliament at Westminster should be excluded from legislating on matters that only affect England, and whether the current 'English only matters' arrangements are sufficient
• There is no consensus on the best solution to the 'English Question'
• Ombudsman


  An independent public official who investigates complaints against public bodies and government agencies
• Powers of ombuds


  • Investigate complaints that individuals have been treated unfairly or have received poor service from government departments or the NHS England
• Statutory roles of the Parliamentary and Health Service Ombudsman (PHSO)

  • Parliamentary Ombudsman (the Parliamentary Commissioner Act 1967)
  • Health Ombudsman (the Health Service Commissioners Act 1993)
• PHSO jurisdiction for Parliamentary complaints

  1. Ensure (1) the body or bodies complained about are within their jurisdiction (listed in Schedules 2 and 4 to the 1967 Act)

  2. The actions complained about were taken in the exercise of that body's administrative functions and are not matters that the PHSO is precluded from investigating by the terms of Schedule 3 to the 1967 Act
• Ombuds recommendations if they uphold a complaint

  • Acknowledging their mistakes
  • Apologizing
  • Making a payment
  • Improving public services
• Shared learning from complaints: publish casework, case summaries, insight reports (lay before Parliament)
• PHSO works with Parliament's Select Committees and MPs to hold the Government and public services to account for delivering improvements
• Judicial Review (JR)


  A court can look at cases in which decisions have been taken that were unlawful
• Ombudsman


  Can look at maladministration and has soft powers (no teeth)
• The PHSO has a non-judicial character, is informal (compared to the courts) and has more flexibility to reach decisions
• The PHSO has no own-initiative power