1. Westminster after Devolution Oonagh Gay, November 2007 gayo@parliament.uk

2. Devolution in the UK- Salient aspects Asymmetric devolution. Asymmetric devolution. Differs between constituent partsDiffers between constituent parts No English ParliamentNo English Parliament England much bigger than Scotland, Wales, Northern IrelandEngland much bigger than Scotland, Wales, Northern Ireland Lack of demand for Regional assemblies apart from Greater London AuthorityLack of demand for Regional assemblies apart from Greater London Authority Experience of Stormont disregarded

3. Devolving legislation u Challenge to devolve law making powers u Subjects which were previously the responsibilities of the Secretaries of State for Scotland, Wales, and Northern Ireland including: health & personal social serviceshealth & personal social services education & trainingeducation & training local governmentlocal government housinghousing some aspects of economic developmentsome aspects of economic development

4. Devolved subjects, cont.. the environmentthe environment agriculture, fisheries, food and forestryagriculture, fisheries, food and forestry sport & the artssport & the arts u And, in Scotland, criminal & civil lawcriminal & civil law NB Subjects devolved are not identical. Check with Guidance Notes on Ministry of Justice website at http://www.justice.gov.uk/guidance/devolutionguida ncenotes.htm

5. What types of law making powers? u Asymmetric and dynamic u NI transferred, reserved, excepted u Scotland reserved and devolved u Wales pre 2007 Executive powers in devolved subjectsExecutive powers in devolved subjects Power to make secondary legislation only (rules and regulations authorised by Acts of Parliament)Power to make secondary legislation only (rules and regulations authorised by Acts of Parliament) Westminster retains exclusive power over primary legislation affecting WalesWestminster retains exclusive power over primary legislation affecting Wales

6. Government of Wales Act 2006 u June 2005 White Paper  Government of Wales Act 2006  Measures/Orders in Council  Referendum in Wales on primary legislative powers

7. “Reserved” subjects u Responsibility retained by Westminster for: some constitutional matterssome constitutional matters foreign policy, defence & relations with the EUforeign policy, defence & relations with the EU macro-economic policy & taxationmacro-economic policy & taxation overseas tradeoverseas trade employment legislationemployment legislation social securitysocial security broadcastingbroadcasting In Northern Ireland some (policing and justice) may be transferred by agreement

8. Legislative Consent Motions at Westminster u Sewel (or Legislative Consent) motions allow Westminster to legislate on devolved matters. Many more than expected u Government to Government or Parliament to Parliament? u Standard Note http://www.parliament.uk/commons/lib/ research/notes/snpc-02084.pdf http://www.parliament.uk/commons/lib/ research/notes/snpc-02084.pdf http://www.parliament.uk/commons/lib/ research/notes/snpc-02084.pdf u Northern Ireland?

9. Devolution & Westminster u Procedural Consequences of Devolution [Procedure Committee, May 1999] Evolutionary and minimalist approachEvolutionary and minimalist approach Commons Constitutional Affairs Committee and Lords Constitution Committee establishedCommons Constitutional Affairs Committee and Lords Constitution Committee established No Westminster legislation on devolved matters without consent of devolved body (“Sewel or Legislative Consent convention”)No Westminster legislation on devolved matters without consent of devolved body (“Sewel or Legislative Consent convention”) Changes to Question TimeChanges to Question Time Scottish Welsh and NI Grand and Select Committees retainedScottish Welsh and NI Grand and Select Committees retained Revival of Regional Affairs Committee and new regional select committeesRevival of Regional Affairs Committee and new regional select committees Secretary of State roles become part-timeSecretary of State roles become part-time

10. Westminster reviews since 1999 Lords Constitution Committee reportsLords Constitution Committee reports Inter-Institutional relations http://www.publications.parliament.uk/pa/ld200203/l dselect/ldconst/28/2801.htmInter-Institutional relations http://www.publications.parliament.uk/pa/ld200203/l dselect/ldconst/28/2801.htm http://www.publications.parliament.uk/pa/ld200203/l dselect/ldconst/28/2801.htm http://www.publications.parliament.uk/pa/ld200203/l dselect/ldconst/28/2801.htm Impact on WestminsterImpact on Westminster http://www.publications.parliament.uk/pa/ld200304/l dselect/ldconst/192/19202.htmhttp://www.publications.parliament.uk/pa/ld200304/l dselect/ldconst/192/19202.htmhttp://www.publications.parliament.uk/pa/ld200304/l dselect/ldconst/192/19202.htmhttp://www.publications.parliament.uk/pa/ld200304/l dselect/ldconst/192/19202.htm Ministry of Justice Committee Devolution a decade on – report in 2008Ministry of Justice Committee Devolution a decade on – report in 2008 Welsh Affairs Committee and Legislative Competences OrdersWelsh Affairs Committee and Legislative Competences Orders http://www.publications.parliament.uk/pa/cm200607 /cmselect/cmwelaf/175/17502.htmhttp://www.publications.parliament.uk/pa/cm200607 /cmselect/cmwelaf/175/17502.htmhttp://www.publications.parliament.uk/pa/cm200607 /cmselect/cmwelaf/175/17502.htmhttp://www.publications.parliament.uk/pa/cm200607 /cmselect/cmwelaf/175/17502.htm

11. West Lothian Question u Question first posed in 1886 u Government position is to ignore as too ‘difficult’- no mention in Green Paper 2007 u Issue flares according to events u Opposition viewpoint u Is a English Grand Committee feasible? u Campaign for an English Parliament u Library Source: Research Paper 07/24 http://www.parliament.uk/commons/lib/resear ch/rp2007/rp07-024.pdf http://www.parliament.uk/commons/lib/resear ch/rp2007/rp07-024.pdf http://www.parliament.uk/commons/lib/resear ch/rp2007/rp07-024.pdf

12. Regional Assemblies u Major aspect of the Government’s constitutional reform programme until 2004 u GLA Act 1999 – executive, not legislative u Following consultation the original plan was to have 3 referendums North East, North West, Yorkshire and HumbersideNorth East, North West, Yorkshire and Humberside u Reduced to 1 – the North East u Vote took place on Thursday 4 November 2004 No 696,519 (78%), yes 197,310 (22%)No 696,519 (78%), yes 197,310 (22%) No further progressNo further progress

13. Territorial financial allocations u Treasury grant calculated using the Barnett Formula Designed to ensure that changes in expenditure affect E, S, W & NI in equal proportionDesigned to ensure that changes in expenditure affect E, S, W & NI in equal proportion Not a needs based assessmentNot a needs based assessment S, W & NI get more than England per capitaS, W & NI get more than England per capita Becoming increasingly controversial. PC/Labour commitment to independent commission in WalesBecoming increasingly controversial. PC/Labour commitment to independent commission in Wales Westminster procedures inhibit debate

14. The role of the MP after devolution u Dual mandate MPs, NI in particular u Conflicts over responsibility for constituency work -DGN guidance and electoral competition u New roles for Scots, Wales and NI MPs? Little evidence so far

15. The work of the territorial select committees u Continuing existence not expected a decade after devolution u Is there a role? u Joint working with devolved bodies u Procedure Committee report on NAW www.publications.parliament.uk/pa/cm 200304/cmselect/cmproced/582/58202. htm www.publications.parliament.uk/pa/cm 200304/cmselect/cmproced/582/58202. htm www.publications.parliament.uk/pa/cm 200304/cmselect/cmproced/582/58202. htm

16. Northern Ireland –the peace process in legislation u 13 NI Bills to ensure that Good Friday Agreement could be implemented u Bills often urgent and not subject to full scrutiny u NI legislation tends to test the boundaries u Direct rule issues- poor scrutiny of Orders in Council u NI matters a specialist interest among MPs

17. Devolution interlocking mechanisms u British Irish Council u North South bodies u Northern Ireland part of UK only with consent - S of S to hold referendum on status of Northern Ireland u Few parliamentary mechanisms to examine this wider aspect of devolution apart from British Irish IPB

18. Parliament and Constitution Centre- Commons Library u PCC formed in 1999 to help coordinate information about Parliament u Standard Notes on Parliament and Constitution on internet since 2004 u http://www.parliament.uk/works/notes_ on_parliament_and_constitution.cfm#d evolution http://www.parliament.uk/works/notes_ on_parliament_and_constitution.cfm#d evolution http://www.parliament.uk/works/notes_ on_parliament_and_constitution.cfm#d evolution u Spreadsheet on territorial extent of UK bills since 2000-2001 on internet

19. Sources u Legislation - Statute Law database, http://www.statutelaw.gov.uk/ http://www.statutelaw.gov.uk/ u OPSI website http://www.opsi.gov.uk/legislation/about_legislation.htm http://www.opsi.gov.uk/legislation/about_legislation.htm u Barnett formula http://www.hm- treasury.gov.uk/pbr_csr/documents/pbr_csr07_funding.cfm http://www.hm- treasury.gov.uk/pbr_csr/documents/pbr_csr07_funding.cfm http://www.hm- treasury.gov.uk/pbr_csr/documents/pbr_csr07_funding.cfm u Devolution Guidance Notes MofJ http://www.justice.gov.uk/guidance/devolutionguidancenotes.htm u Commons Library Notes and Papers http://www.parliament.uk/works/notes_on_parliament_and_constituti on.cfm http://www.parliament.uk/works/notes_on_parliament_and_constituti on.cfm http://www.parliament.uk/works/notes_on_parliament_and_constituti on.cfm u Standard Note 4505 Devolved legislatures comparison