Devolution
By: Andrew Alton
Tags: Devolution, Brexit, Law, Covid 19, Devolution Of Powers

The tug of war of power!

Photo by Deniz Fuchidzhiev on Unsplash

Devolution has never been more exposed than in this current pandemic. Northern Ireland and Wales seem to be heading into lockdowns while Scotland and England fight on with the tiered systems against COVID-19. And yet how many of us truly understand what devolution is? Why it came to be? And what its future is? I intend to spread light on this.

Devolution in the UK is the transfer of lawmaking powers to Scotland, Wales and Northern Ireland. It all began in September 1997 with the Scottish and Welsh referendums and then with the Northern Ireland referendum in May 1998. Over the years prior to the referendums, the Acts of Union made the UK Parliament based at the Palace of Westminster in London the sole lawmaking body meaning they could create, change and cancel any law. This is known as ‘the principle of parliamentary sovereignty’. When the UK decided to devolve power, so shift lawmaking responsibilities onto other institutions, it lost this absolute legislative influence by using this exact same power. Three separate Acts of Parliament were made the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998 which transferred numerous powers, like legislating on education, housing and transport, from the UK Parliament to the newly-established legislatures and devolved administrations whilst allowing Westminster to maintain control on certain issues such as foreign policy, elections, and nuclear energy. This limiting of legislative competence for the devolved nations is commonly referred to as the ‘reserved powers model’. Devolution is therefore influence on a leash.

Devolution began as a result of a number of factors. One was a desire for more democratic accountability in response to a feeling of the frustration at the general lack of care and responsibility politicians gave on matters relating to specific issues in these outer regions. Secondly, there was also a desire for parliamentary legitimacy because many citizens felt they had an insufficient voice in the houses of parliament which led to the system being unpopular. Thirdly, the people wanted a government who understood the social context of their lives by showing an awareness of their wants and needs. Devolution was thus a response to ease discontentment within the people towards Westminster.

The future of devolution looks uncertain. Brexit has visibly created divisions in the UK Parliament, between the executive and devolved administrations, and within the wider public. The United Kingdom Internal Market Act 2020 (which has just received royal assent, so it’s law) shows a shift back to the old ways with power residing with Westminster. Its purpose is to manage trading among the four nations of the UK when the Brexit transition period ends whilst also limiting the way those devolved nations can operate in practice. The Act is therefore a power grab by the government. Also, shockingly, the legislation removes the right for the judiciary to challenge the government in court so the executive have more power with less democratic responsibility, the very thing devolution was trying to cure. This Act is the tipping point away from devolution meaning under the current government devolution has a limited shelf life.

Devolution is therefore the transfer of lawmaking powers in certain areas deemed menial enough by Westminster as to not to affect their overall aims and ambitions, even a way of shifting blame. However it was started with good intention by giving the people a greater voice in the administration of their country. Even so, its future is looking bleak as we move away from liberalism towards more authoritarian rule by “tak[ing] back control.” (Dominic Cummings, Vote Leave campaign)