If you’ve heard of devolution before, you will know that it is an important principle of the political and legal structure within the UK. It separates power within the UK whilst still keeping it united under the central government. But, like many, you might wonder why it is important? Perhaps you’re wondering whether devolution is necessary? Or whether it is just lazy for the central government to share their responsibility? This article will help you understand what devolution is and its importance within the UK’s political system.
Meaning of devolution in the UK
Devolution is the transfer of policy-making powers by a central government to the local or regional level, i.e. X government passes devolved powers to Y government. Governmental powers are split between the different parts of a country to share governmental responsibilities. It allows the political decisions to be closer to the country's citizens. However, the ultimate authority still remains with the central government.
In the United Kingdom, devolution means that the central government shares legislative, executive, and judicial powers between the UK government and the governments of Northern Ireland, Wales, Scotland and England counties.
Devolution is the transfer of policy-making powers by a central government to the local or regional level.
Fig. 1 Map of the countries of the United Kingdom
Devolution of power in the UK
The current devolution of power in the UK began in the 1970s. The UK government held referendums on devolution and the creation of parliamentary bodies in 1979, but the Scottish and Welsh voters voted no. New referendums in the 1990s succeeded. In 1997, Scottish voters chose to create a Scottish Parliament, and Welsh voters also voted in favour of creating a National Assembly for Wales.
In Northern Ireland, rather than a referendum, the Belfast (Good Friday) Agreement set the scene for devolution by agreeing on how it would be implemented. The Ireland Act of 1998 implemented what was decided in the Belfast Agreement and included the devolution powers given to the Assembly and the executive. Although the devolution was initially used as a peace agreement to stop the violence in Ireland, a majority vote to keep the devolved powers with a referendum in 1998 supported the agreement. The UK Government has also devolved power within England.
One of the most essential features of devolution in the UK is that certain policy areas will fall under devolved, reserved, or excepted matters. Devolved matters are those that the devolved government has authority over. Reserved and excepted matters are those that are 'reserved' for the central government, so the devolved government does not have authority over reserved matters. Only Northern Ireland has excepted matters as they do not use the 'reserved power' model.
While each nation has different devolved and reserved powers, there are a few powers that the UK government holds reserved for all. These include the constitution, foreign affairs, defence and national security, immigration law, and monetary and fiscal policy.
Examples of devolved governments in the UK
There are three main examples of devolution in the UK: Scotland, Wales, and Northern Ireland. There are also several examples of devolved governments within England.
Devolution in Scotland
Scotland has a devolved parliament and executive branch of government. The Scottish Parliament has 129 Ministers of the Scottish Parliament (MSPs) who are elected every five years. The Scottish Parliament has primary legislative powers in various areas, including law and order, transport, health, and education.
Fig. 2 - Scottish Parliament
The executive branch of the Scottish government, also known as the Scottish government, plays a similar role as the UK executive. Its function is primarily to propose and implement policy and legislation.
Primary legislative powers mean that they can pass legislation on a particular issue. Secondary legislative powers, which means they can decide on how to implement legislation that the UK Parliament has passed.
One of the areas that has changed over time is the Scottish Parliament's authority over income taxes. Originally they could change the income tax rate by up to 3% based on The Scotland Act 1998. Then the Scotland Act 2012 meant that the Scottish Parliament could make the income tax higher or lower compared to the rest of the UK. More recently, the Scotland Act 2016 gave Scotland the ability to set income tax rates and also gave the Scottish Parliament 50% of the VAT revenue gained from Scotland. This Act also meant that the UK Parliament could not make legislation on anything under the Scottish Parliament's authority without their consent.
Devolution in Wales
Wales also has its own parliament, knowns as the National Assembly for Wales. It is 60 members, also elected using the additional member system every five years. The areas that Wales has primary legislative power over include economic development, health, and transport. Wales also has an executive branch known as the Welsh Government, which proposes and implements policy and legislation.
There have been several increases in Wales' devolved powers since the establishment of the Welsh Assembly. For example, in 2011, a referendum gave the Assembly the ability to create primary legislation in the areas of policy that they already had some control over.
Then in The Wales Act 2014, power over landfill tax and stamp duties was devolved to Wales. The last major change was in the Wales Act 2017, which put in place the 'reserve power' model for Wales as was in place for Scotland.
The Wales Act 2014 and 2017 were based on proposals from the Silk Reports. These resulted from the Silk Commission, which was a group put together to recommend whether Wales should have further devolved powers.
Devolution in Northern Ireland
The last major devolved government in the UK is that of Northern Ireland. Because Northern Ireland is a very divided society, it established power-sharing devolution in both the legislative and executive branches of the Northern Irish government. The Northern Ireland Assembly is the legislative branch of the Northern Irish government. It has 90 members that are elected every five years.
Power-sharing in devolution means that many of the devolved powers are dependent on power-sharing. For example, ministerial positions are allocated based on the proportional strength of the parties in the Assembly, ensuring that both Unionists and Nationalists are represented in government. This is important because of the strong divide between Unionists and Nationalists in Northern Irish society.
The Assembly has primary legislative powers over areas such as healthcare, economic development, transport, education, and justice. One area that the Northern Irish Assembly is weaker than the Welsh and Scottish legislative branches in their powers over tax, as they only have powers over corporate tax.
While power-sharing is an important feature of Northern Irish devolution, it also led to the collapse of the Assembly when in 2017, Sinn Féin refused to appoint a deputy first minister because of conflict with the Democratic Unionist Party. Such conflicts have led to similar collapses and suspensions in 2000, 2001, and 2002.
There is also an Executive Committee of Ministers, which, along with the First Minister and Deputy First Minister, make up the executive branch of the Northern Irish devolved government. They propose and implement policy and legislation.
Devolution in England
There is also some level of devolution within counties in England. For example, the London Assembly was established in 2000. The Assembly has 25 members and the authority to amend and reject the Mayor's budget, as well as make policy proposals on issues such as the environment and transport.
Advantages and disadvantages of devolution in the UK
The advantages of devolution in the UK include increased independence, strengthening the local community and local knowledge, and relieving pressure on the central government. The disadvantages of devolution in the UK include greater division, limiting parliamentary sovereignty, and increased bureaucracy.
Advantages of devolution in the UK
Devolution can be an advantage due to the independence it gives to the separate areas of the UK. This means giving the separate areas political power to create their own legislation and policies on local issues. This could be beneficial in helping to keep the UK united. This is particularly considering the historical context, especially for Northern Ireland and Scotland.
Further, devolution can create a greater sense of local community and allows local knowledge and context to be understood by those legislating on these local political issues. This means that legislators can better create and enforce law in a more applicable way to the people. Further, some argue that devolution is more democratic by giving a greater representation to the people within the UK.
Devolution can also be an advantage as sharing devolved powers can relieve pressure on the central government and allows them to concentrate their time and resources on larger issues of national importance.
Disadvantages of devolution in the UK
One of the main disadvantages of devolution, according to some, is that it may actually lead to greater division and even the break-up of the union. The idea is that once these nations get a taste of independence, they may want an expansion on the devolved powers, giving them greater control and more power over their local area and perhaps even independence.
Another disadvantage of devolution is that it limits parliamentary sovereignty. This is because devolution decreases the areas that the UK parliament has authority over. Though some have argued that this is actually a good thing as it could prevent too much power from being concentrated in one institution.
Devolution is also disadvantageous as it can create an extra layer of government that can create more of a bureaucracy within the UK. This is confusing to understand for the public and tends to lead to a decrease in voting, especially within local government elections.
West Lothian Question: This questions why MPs from Wales, Scotland and Northern Ireland can vote on issues within Westminster that only concern England. Some argue that if they are split into separate devolved nations, where English voters cannot impact their policies through representatives that they elected, why are Welsh, Scottish, and Northern Ireland representatives able to vote on and influence issues in England?
Devolution - Key takeaways
In the UK, the central government has devolved legislative, executive, and judicial powers to the governments of Northern Ireland, Wales, Scotland and some England counties.
The nature of devolution is different in Scotland, England, Wales, and Northern Ireland as it occurred at different stages in the UK’s political development.
Scotland, Wales, and Northern Ireland each have a parliament and executive which can create and implement legislation.
The powers that each devolved government has depends on the unique historical context of that nation and government.
Devolution in the UK can be an advantage due to increased independence, strengthening the local community and local knowledge, and relieving pressure on the central government.
The disadvantages of devolution in the UK include greater division, limiting parliamentary sovereignty, and increased bureaucracy.
References
- Fig. 1 Map of the countries of the United Kingdom (https://commons.wikimedia.org/wiki/File:Map_of_the_countries_of_the_United_Kingdom.svg) by DankJae (https://commons.wikimedia.org/wiki/User:DankJae) licenced by CC-BY-SA-4.0 (https://creativecommons.org/licenses/by-sa/4.0/deed.en) on Wikimedia Commons
- Fig. 2 Scottish Parliament (https://commons.wikimedia.org/wiki/File:Scotland_Parliament_Holyrood.jpg) by Morgens Engelund (https://commons.wikimedia.org/wiki/User:Moeng) licenced by CC-BY-SA-3.0 (https://creativecommons.org/licenses/by-sa/3.0/deed.en) on Wikimedia Commons
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