Devolution in the UK PDF

PUBLIC LAW I – SOURCES OF POWER Devolution Dr Tarik Olcay University of Dundee Week 9  UK’S TERRITORIAL CONSTITUTION The UK is a ‘union’ state UK – not a typical UK – not a federal unitary state: state: Govern...

PUBLIC LAW I – SOURCES OF POWER Devolution Dr Tarik Olcay University of Dundee Week 9  UK’S TERRITORIAL CONSTITUTION The UK is a ‘union’ state UK – not a typical UK – not a federal unitary state: state: Governmental power Federal states operates in different levels, Codified and rigid such as local, regional constitution Most importantly, powers Bicameral legislature are devolved to Scotland, Wales, and Northern Equal representation Ireland UK No codified constitution  DEVOLUTION Devolution “devolution [is] the dispersal of power from a superior to an inferior political authority … it [is] the transfer [of power] to a subordinate elected body on a geographical basis, of functions at present exercised by Parliament. These functions may be either legislative, the power to make laws, or executive, the power to make decisions within an already established legal framework” —Vernon Bogdanor  DEVOLUTION A ‘disaster’? ‘A process not an event’ Has been a form of ‘demand and supply’ within the devolution settlements Range of powers for devolution settlements has increased The scope, degree and type of devolved powers in all three entities have changed over the past two decades  DEVOLUTION TO WALES Government of Wales Act 1998 Greatly differed from Scottish and NI devolution Initially could only make secondary legislation Government of Wales Act 2006 Welsh Government consulted before any Westminster legislation Provided legislature with law-making powers, but first a referendum had to be held (it passed in March 2011) Wales Act 2017 brought it more in line with Scottish devolution conferred powers v reserved powers  DEVOLUTION TO NORTHERN IRELAND Northern Ireland Act 1998 NI will remain part of UK until majority decides to leave in a referendum – s 1 Northern Ireland Assembly Headed by Executive Committee (power-sharing) Devolution progress impeded by peace process The Assembly suspended and direct rule from Westminster imposed in 2002 for five years, after the Ulster Unionist Party refused to share power with Sinn Fein Devolved government restored in 2007  ENGLAND? Contains no ‘devolved’ institutions Although Greater London has form of regional government Elected mayors introduced for nine regions – local authorities London, Cambridgeshire, Greater Manchester, Liverpool, Northumberland, South Yorkshire, Tees Valley, West of England, and West Midlands West Lothian question: is it legitimate for MPs representing non-English constituencies to vote on legislation that affects only England? McKay Commission: double-count procedure – English votes for English laws (EVEL) Registers English MPs’ objection but does not give them a blocking power Scottish Independence Referendum triggered response & another EVEL procedure implemented in 2015  ENGLAND? EVEL procedure If a Bill applies exclusively to England, and had it applied to a devolved nation it could have been made by the devolved legislature The Bill needs to be supported by a majority of all MPs and a majority of all MPs representing English constituencies Used until its abolishment in July 2021  EVEL no longer applicable The Government cited ‘complexity and delay’ it added to the legislative process  LEGISLATIVE COMPETENCE What is the extent of devolved legislatures’ legislative power? Scottish and NI legislatures – general legislative competence: can legislate on any issue subject to certain exceptions (reserved powers model) Welsh legislature – originally could only legislate only on certain issues (conferred powers model), but since Wales Act 2017 it has general legislative competence (reserved powers model) Who decides disputes as to whether legislative competence is breached? Judicial resolution – ultimately, UK Supreme Court Scotland Act 1998, ss 32 and 33 Northern Ireland Act 1998, s 11 Government of Wales Act 2006, s 112  IMPLICATIONS OF DEVOLUTION For democracy? For legal and political constitutionalism? What is the degree of legal security enjoyed by the devolved entities? Judicial resolution of devolution issues policed by Supreme Court Legislation on devolved matters The Sewel convention A federal UK? asymmetrical powers top-down conferral degree of constitutional security