6.3 The relationship between devolved governments and Westminster
4 min read•august 16, 2024
The relationship between devolved governments and Westminster is a complex balancing act. It involves maintaining national unity while respecting regional autonomy. This dynamic shapes how power is distributed, decisions are made, and conflicts are resolved across the UK.
has transformed Westminster's role and sparked debates about fairness and representation. It's created challenges in policy coordination but also opportunities for innovation. Understanding these relationships is key to grasping how the UK's multi-layered system of government functions.
Devolved Governments vs Westminster
Constitutional Principles Governing Relationships
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- Parliamentary remains paramount allowing Westminster to legislate on any matter including devolved issues
- Convention dictates Westminster typically does not legislate on devolved matters without consent
- stipulates Westminster will not normally legislate on devolved matters without devolved legislature consent
- Now statutory under Scotland Act 2016
- explicitly retained by Westminster while devolved powers transferred to regional governments
- Creates complex system of shared and separate competencies (foreign affairs reserved, education devolved)
- Doctrine of limits devolved institutions to legislating only on matters within devolved powers
- UK Supreme Court serves as ultimate arbiter of disputes
- govern financial relationships between Westminster and devolved administrations
- Includes mechanisms like for allocating funding to devolved nations
- Principles of subsidiarity and parity of esteem underpin devolution
- Promotes decision-making at most local level possible (local councils for community issues)
- Encourages mutual respect between governments (regular intergovernmental meetings)
Power Distribution and Limitations
- Reserved powers model defines specific powers retained by Westminster
- Includes defense, foreign affairs, immigration (UK-wide border control)
- Devolved powers transferred to regional governments vary by nation
- Scotland has more extensive powers (control over income tax rates) than Wales or Northern Ireland
- Legislative competence doctrine enforced through legal challenges
- Supreme Court ruled against 's EU Continuity Bill in 2018
- Fiscal devolution differs across nations
- Scotland has power to vary income tax rates, while Wales has more limited tax powers
- Intergovernmental agreements supplement legal frameworks
- Fiscal Framework agreements outline funding arrangements and tax powers
Intergovernmental Cooperation and Conflict
Formal Cooperation Mechanisms
- (JMC) serves as primary forum for coordination and consultation
- Meets in various formats (plenary, EU negotiations) to discuss shared concerns
- Memoranda of Understanding and concordats establish agreed working practices
- Set protocols for communication between Westminster and devolved governments (information sharing procedures)
- Bilateral agreements set out specific arrangements for cooperation
- Fiscal frameworks detail funding allocations and tax powers (Scottish Fiscal Framework)
- facilitates cooperation between UK, Irish, and devolved governments
- Discusses shared policy challenges (environmental protection, transport links)
- Interparliamentary forums enable dialogue between legislatures
- Interparliamentary Forum on Brexit allowed information sharing during EU exit process
Conflict Resolution Processes
- Dispute resolution mechanisms provide formal processes for addressing disagreements
- JMC dispute avoidance and resolution protocol outlines steps for conflict resolution
- UK Supreme Court plays crucial role in resolving constitutional disputes
- Ruled on legislative competence issues (Scottish Continuity Bill case)
- Political negotiations often precede formal dispute resolution
- Ministers engage in bilateral talks to resolve issues before escalation
- review initiated to improve cooperation
- Aims to strengthen dispute resolution mechanisms and increase transparency
Devolution's Impact on Parliament
Westminster's Changing Role
- highlights asymmetry in voting rights
- Scottish MPs can vote on England-only matters, while English MPs cannot vote on devolved Scottish issues
- (EVEL) introduced as procedural response
- Altered legislative process for England-only bills (separate consent from English MPs)
- Reduction in Westminster legislation relating to devolved matters
- Shifted focus towards reserved issues and England-only legislation
- Evolution of Westminster's scrutiny function
- Select committees now examine territorial impact of UK-wide policies (Scottish Affairs Committee)
- Westminster's sovereignty allows legislation on devolved matters
- Political constraints and Sewel Convention limit this power in practice (rarely used without consent)
Fiscal and Constitutional Implications
- Devolution of tax-raising powers impacted Westminster's fiscal dominance
- Necessitated new mechanisms for fiscal coordination (Framework for Tax)
- Brexit highlighted Westminster's ultimate authority in international affairs
- Exposed tensions in devolution settlement regarding repatriation of EU powers
- Calls for constitutional reform to address devolution's impact
- Proposals for federal systems or written constitution to clarify relationships
Policy Coordination Across the UK
Challenges of Policy Divergence
- Policy divergence in devolved areas presents challenges for UK-wide coherence
- Different approaches to health (prescription charges abolished in Wales, not in England)
- Varied education systems (different qualification frameworks across nations)
- Cross-border cooperation required in shared policy areas
- Environmental protection spanning national borders (river basin management)
- Infrastructure development connecting multiple nations (HS2 rail project)
- Brexit necessitated new frameworks for UK-wide policy coordination
- Common frameworks developed for areas previously governed by EU law (food safety, air quality)
- Fiscal devolution creates potential for tax competition between nations
- Requires careful management to avoid negative economic consequences (race to the bottom on tax rates)
Opportunities for Collaboration
- Shared policy challenges offer opportunities for collaborative policymaking
- Climate change initiatives (joint commitments to emissions reduction targets)
- Pandemic response coordination (vaccine procurement and distribution)
- Policy innovation and tailored approaches possible through devolution
- Scotland's different approach to higher education funding (no tuition fees for Scottish students)
- Wales pioneering wellbeing of future generations legislation
- Balancing policy autonomy with UK-wide standards remains ongoing challenge
- Professional qualifications recognition across internal borders
- Maintaining coherent trade policy while respecting devolved competencies
Key Terms to Review (25)
Asymmetrical Devolution: Asymmetrical devolution refers to the uneven distribution of powers among different regions or countries within a state, where some regions have greater autonomy than others. This concept is particularly significant in the UK, where Scotland, Wales, and Northern Ireland have been granted varying degrees of legislative power, leading to distinct political identities and governance structures. This uneven approach has implications for local and central government relationships, the dynamics between devolved governments and Westminster, and the ongoing constitutional reforms that have shaped governance since 1997.
Barnett Formula: The Barnett Formula is a mechanism for allocating public expenditure funding to the devolved administrations in Scotland, Wales, and Northern Ireland based on changes in public spending in England. This formula ensures that any increase in spending in England results in proportionate increases in funding for the devolved governments, thereby maintaining a financial relationship between Westminster and these regions. It is critical for understanding how devolution impacts funding dynamics and the fiscal independence of the devolved governments.
Block grant: A block grant is a large sum of money granted by the central government to a local government or organization for a broad purpose, allowing for more flexibility in how the funds are used. This type of funding is particularly significant in the context of devolved governments, as it enables them to tailor their spending to meet local needs while still operating within the framework set by Westminster. It reflects a level of autonomy and decision-making power granted to devolved governments, fostering local governance and accountability.
British-Irish Council: The British-Irish Council is an institution established under the Belfast Agreement (Good Friday Agreement) of 1998 that aims to promote collaboration between the governments of the United Kingdom, Ireland, and the devolved administrations of Northern Ireland, Scotland, and Wales. It serves as a platform for discussions on issues of mutual interest, fostering relationships among the different governments while respecting their autonomy and encouraging cooperative policymaking.
Concurrency: Concurrency refers to the situation where two or more legislative bodies can legislate on the same matter. In the context of the UK, it highlights the relationship between devolved governments and Westminster, as both can enact laws on overlapping areas of policy. This often leads to a complex legal landscape where powers and responsibilities may intersect, creating both opportunities and challenges for governance.
Devolution: Devolution refers to the transfer of powers and responsibilities from a central government to local or regional governments. This process has reshaped governance in various parts of the UK, allowing for greater autonomy and self-governance, impacting political dynamics and public policy across the regions.
Devolution Fatigue: Devolution fatigue refers to the diminishing enthusiasm and commitment of both the public and political entities towards the process of devolution in the UK, which involves transferring powers from the central government to regional governments. This phenomenon arises when the initial optimism surrounding devolution wanes, often due to perceived inefficiencies, political disputes, or a lack of tangible benefits for the regions involved. As regional governments face challenges in governance, public support can decline, leading to a complex relationship with Westminster.
English Votes for English Laws: English Votes for English Laws (EVEL) is a legislative procedure introduced in the UK Parliament that allows only Members of Parliament (MPs) from England to vote on matters that specifically affect England. This measure was implemented to address concerns over the perceived imbalance created by devolution, where MPs from devolved regions could vote on issues that exclusively impact England while English MPs had no equivalent power over devolved matters.
Fiscal Frameworks: Fiscal frameworks refer to the set of rules, guidelines, and practices that govern the management of public finances within a government. They are designed to ensure fiscal discipline, transparency, and accountability, playing a crucial role in how devolved governments operate alongside Westminster in the UK. This relationship influences the allocation of resources, spending priorities, and the overall financial health of various levels of government, which is vital for maintaining stability and promoting effective governance.
Government of Wales Act 1998: The Government of Wales Act 1998 was a key piece of legislation that established a devolved Welsh Assembly, granting it powers to legislate on various local matters. This act marked a significant step in the process of devolution in the UK, allowing Wales to have its own government structure and functions while still being part of the broader UK political framework.
Intergovernmental relations: Intergovernmental relations refer to the interactions and collaborations between different levels of government, particularly in a multi-tiered system like that of the UK, where power is shared between the central government and devolved governments. This concept encompasses the ways in which these governments communicate, negotiate, and work together to manage shared responsibilities, address policy issues, and distribute resources effectively. Understanding these relations is crucial for grasping how devolved governments operate alongside Westminster and how their structures and functions are shaped by their interactions.
Joint ministerial committee: A joint ministerial committee is a forum where ministers from the UK government and devolved administrations meet to discuss and coordinate on matters of shared interest and policy. This committee plays a crucial role in managing the relationship between Westminster and the devolved governments, especially in light of the constitutional changes brought about by devolution. It reflects the ongoing negotiations and cooperation necessary to address the complexities that arise from having multiple governing bodies within the UK.
Legislative Competence: Legislative competence refers to the authority granted to a governing body to enact laws and make decisions within specific areas of jurisdiction. This concept is crucial in understanding how power is divided between different levels of government, especially in systems with devolved powers, where the relationships between devolved governments and central authorities define the scope and limits of their legislative actions.
Mark Drakeford: Mark Drakeford is a Welsh politician and a member of the Labour Party, currently serving as the First Minister of Wales since December 2018. He plays a significant role in the devolved government of Wales, navigating the complex relationship between Wales and Westminster, particularly in areas such as health, education, and economic development.
National identity: National identity refers to a sense of belonging to a specific nation, shaped by shared history, culture, language, and values. It plays a crucial role in how individuals perceive themselves in relation to their country and influences political dynamics, especially in contexts involving governance structures like devolved governments and central authority.
Nicola Sturgeon: Nicola Sturgeon is a Scottish politician who served as the First Minister of Scotland and the leader of the Scottish National Party (SNP). Her leadership is significant in the context of the relationship between devolved governments and Westminster, particularly in advocating for Scottish independence and increasing the powers of the Scottish Parliament.
Northern Ireland Assembly: The Northern Ireland Assembly is a devolved legislature established to govern Northern Ireland, functioning since its creation in 1998 under the Good Friday Agreement. It plays a key role in the region's political framework, allowing local representatives to make decisions on various issues while maintaining a relationship with Westminster.
Reserved Powers: Reserved powers are those powers that are not explicitly granted to the central government by the constitution and are instead reserved for the states or devolved administrations. In the context of the UK, this means powers that remain under the jurisdiction of Westminster and are not transferred to Scotland, Wales, or Northern Ireland, reflecting a division of authority that influences governance and political relationships.
Scotland Act 1998: The Scotland Act 1998 is a key piece of legislation that established the devolved Scottish Parliament and transferred a range of powers from the UK Parliament to Scotland. This act marked a significant step in the devolution of powers within the UK, allowing Scotland to have greater control over its own affairs and shaping the relationship between the Scottish government and Westminster.
Scottish Parliament: The Scottish Parliament is a devolved legislature established in 1999 that represents the interests of the people of Scotland and has the authority to legislate on a range of domestic issues. It plays a crucial role in the governance of Scotland, working alongside the UK Parliament at Westminster, and highlights the complexities of devolution in the UK.
Sewel Convention: The Sewel Convention is an important constitutional principle in the UK that dictates the UK Parliament will not normally legislate on devolved matters without the consent of the devolved legislature. This convention underpins the relationship between Westminster and the devolved governments, ensuring respect for their legislative powers. Its significance has grown with the expansion of devolution, impacting how laws are made and how power is distributed across the UK.
Sovereignty: Sovereignty refers to the ultimate authority and power of a state to govern itself without external interference. This concept is crucial in understanding the dynamics of political power, particularly in relation to the relationships between different levels of government and how authority is exercised within a state.
Supreme court rulings: Supreme court rulings are decisions made by the highest court in the judiciary, which serve to interpret and apply the law, often setting precedents that lower courts must follow. These rulings can significantly influence the relationship between devolved governments and Westminster by clarifying the extent of devolved powers, determining the legality of legislation, and resolving disputes that arise between different levels of government. The outcomes of these rulings can shape the legal landscape and impact political relations across the UK.
Welsh Senedd: The Welsh Senedd, formally known as the Senedd Cymru, is the devolved parliament for Wales, established to represent the people of Wales and govern on a range of issues. It has powers to legislate and make decisions on areas such as health, education, and local government, reflecting the principles of devolution in the UK. The Senedd works in conjunction with Westminster but operates independently in many legislative matters, highlighting its importance in the broader context of devolved governance in the UK.
West Lothian Question: The West Lothian Question refers to the constitutional issue arising from the asymmetrical nature of devolution in the UK, particularly concerning whether MPs from devolved regions can vote on matters that only affect England while English MPs cannot vote on certain issues that affect only Scotland, Wales, or Northern Ireland. This question highlights tensions between the principles of representation and fairness within the UK's parliamentary system, drawing attention to the complexities of governance in a multi-national state.