Footnote
1. p34 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
2. http://www.saltireguide.co.uk/secure/sal1-1.htm.
There were a large number of voters in Scotland and Northern Ireland, they voted to have their respective forms of devolution. Their vote by the public proved crucial in 1979. The Welsh hardly voted. As for the English voters they did not at the time have the opportunity to decide whether they wished to have a form of devolution.1
The result of the 1979 referendum had nothing to do with opposition to the principle of devolution than the actual dislike of the devolution that was on offer. Thinking that this cause would be abandoned it was in fact supported by the reducing amount of Conservative representation in Scotland throughout the 1980’s.
With this all that it ended up doing was confirm that a government with “no mandate” was ruling Scotland improperly.2
However devolution is progressing further. In the 1997 Labour Party’s declaration, they included that they would hold a referendum on devolution. This was the referendum that was held in September. More information can be found under the heading Scottish Bill below.
Scotland Bill
The Scotland bill was read out in the House of Commons in 1997, which was not long after the referendum that took place in September 1997 where people voted on 2 questions:
1. whether there should be a parliament.
2. whether it should have tax-varying powers.3
The results can be found in Appendix B. It was conclusive however that most people were right behind both questions.
The Bill included a number of provisions, this can be found in Appendix C. Generally this Bill laid out rules to which to operate and it proposed to reserve powers to Westminster instead of transferring powers to the Scottish Parliament.4
The implications of the constitution by the Scottish Parliament cannot at all be clear yet as it will rest on the “devolution settlement”5 which is contained in the Bill.
Footnote
1. p35 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
2. p35 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
3. p36 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
4. p36 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
5. p41 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
The current Government promised devolution to Scotland and Wales and a new scheme for leading power to the Northern Ireland. There was a significant difference in all three structures. The Scottish Parliament was the body that had “legislative, executive and tax-raising power.”1
Welsh Assembly only acquired executive powers. As for Northern Ireland they were seen to be part of the United Kingdom.
Research Programme
In the year 2000 a programme called Devolution and Constitutional Change was set up by the ESRC. The aim of this was to explore the number of devolution reforms that had been established since 1997, in Scotland, Wales, Northern Ireland, London and other English Regions. There have been many researches made to examine the implications of devolution. It is a major investment.2
Two challenges were set up:
- go into social science disciplines in order to understand devolution and its connection with the UK
-
the research into policy debates.3
There were also themes involved. There were 3 themes; these were made up of research questions. The themes were:
“Nationalism and National Identity;
Governance and Constitutional Matters;
Economic and Social Policy.”4
These themes basically asked the question of what the impact on devolution has on them.
To enable to monitor the progress of the programme and to make sure the objectives of the programme are being met there is a Programme Advisory Board. It meets twice a year and Peter Riddell is the chairperson.5
This programme should last till 2005.
Footnote
1. p187 Ashton. C, and Finch. V, Constitutional Law in Scotland. W. Green Edinburgh 2000.
2. http://www.devolution.ac.uk.
3. http://www.devolution.ac.uk.
4. http://www.devolution.ac.uk.
5. http://www.laria.gov.uk/content/features/misc/devolut.htm.
The Scotland Act 1998
The Act similarly follows the plans in the White Paper.
It was under this Act that under the scheme of devolution that new constitutional arrangements were made for Scotland.
The main feature of the Act was to give “a positive vote in a referendum in Scotland, a Scottish Assembly and Scottish Executive would be set up.”1
It is set up differently from Westminster, in particular the election system.
The Scottish Parliament’s powers come from the 1998 Act.2 Under section 28(7) “This section does not affect the power of the parliament for Scotland to make laws for Scotland.”3
It also sets out the framework for devolution. Devolution has made changes beyond the establishment of a new representative body for which we must turn out and vote every four years.
“That power to legislate for Scotland is not granted to the Scottish Parliament exclusively; even in those areas devolved to the parliament, the UK parliament retains the right to legislative for Scotland if it so wishes.”4
As Scotland’s Parliament is governed by Westminster, there are 19 pages of powers in the Scotland Act that are spoken for by Westminster.
There are reserved matters that the Scottish Parliament cannot change as it is still governed by Westminster. The list can be found in the 1998 Act, schedule 5. More information can be found in Appendix D.
The powers of the Scottish Assembly and Westminster were complicated. The Assembly only had the legislative power if it related to certain “devolved matters”. The rest of it being down to Westminster.
However many of the decisions or procedures will be placed with the Scottish Parliament.
“This would have no effect on the sovereignty of Westminster Parliament over the whole of the United Kindom.”5
Footnote
1. p34 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
2. p216 Ashton. C, and Finch. V, Constitutional Law in Scotland. W. Green Edinburgh 2000.
3. Section 28(7) of the 1998 Scotland Act.
4. p191 Ashton. C, and Finch. V, Constitutional Law in Scotland. W. Green Edinburgh 2000.
5. p34 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
MacCormick stated by saying:
“If parliament does not choose to invade or to recall (the Scottish Parliament’s powers) perhaps on the ground of political wisdom and received convention, it will nevertheless remain a real power of choice. Westminster will be in the position of continually choosing not to revoke a delegation of its powers, and that is different from having given up or lost the power of choice.”1
Devolution can arise in a criminal case or civil case either in Scotland, England Wales or Northern Ireland. If this is the case then the Scotland Act provides Schedule 6, paragraph 2, which can be found in appendix A. For the court of tribunal, this issue has no serious purpose. Any party to the proceedings can raise the issue, however there are time limits in criminal cases in raising an issue.2
Footnote
1. p9 MacCormick. N, Sovereignty or Subsidiarity? Some comments on Scottish Devolution in Devolution and the British Constitution.
2. p218-219 Ashton. C, and Finch. V, Constitutional Law in Scotland. W. Green Edinburgh 2000.
Paper clippings
These were taken from the Guardian newspaper website:
A passage from an article was found in the guardian, by Gerry Hassan, “Where does this all leave the "new Scotland"? Struggling to find a voice. Scottish politics historically featured a less questioning attitude to authority. A paradox of devolution so far has been an increase in the institutionally top-heavy nature of Scottish public life. Indeed, devolution has been very good for the Labour quangocrats and “civic society professionals” who position themselves as champions of the people as new bodies and task forces have been set up.” 1
“Then goes on to say The Scottish Ministers and members are the most obvious victims of devolution. At home their impact has been much diluted, both in the media and among the electorate. At Westminster their presence is resented, particularly by English Conservative back-benchers.”2
A passage from the guardian, “Scottish Conservatives and Liberal Democrats have both gained from devolution, but Labour still holds the reins of power.” 3
From these abstracts we can see that they do not think devolution works or rather Scotland and Wales are still very much controlled by Westminster.
Footnote
1. http://www.guardian.co.uk/Scotland/Story/0,2763,460886,00.htm.
2. http://www.guardian.co.uk/Scotland/Story/0,2763,422145,00.htm.
3. http://www.guardian.co.uk/Scotland/Story/0,2763,460886,00.htm
Conclusion
The question was “Devolution has been unqualified success.” From the information gathered from above my answer would have to be yes. It still very much looks like the central government holds the purse strings to local and regional administration. I think it was Arnold Kemp who said it best:
“To those who thought devolution should amount to no more than passive regional administration, this may seem something of an affront. And there will certainly be a row at Westminster if Scotland funds Sutherland in full and England does not. But there is no point in having a parliament in Scotland unless it is prepared to make real choices. If this option is open to it then it should not be barred from it.”1
It is also a known fact that devolution has rarely led to any independence at all in any part of the world. If looking at an example, like China, China has 5 independents, each having their own governments. The Central Government grants the legislative power. However in the Constitution of the Republic of China, it is responsible for making the law. All this just means is that the local government can self govern the region by simply following central government. Apparently this has worked well.2
Even though Scotland has its own parliament it is still controlled by Westminster. Apparently questions have arisen to whether devolution would lead to the break up to the United Kingdom. However much independence of the regions is of the United Kingdom, I cannot see this, for many reasons being of which Central Government still has control over local governments. The finances of the U.K. is still very much controlled by the Central Government, any money, even if it’s tax-rising or law making powers is still down to the central government.
Also I do not think most people would not opt to have a break up, and devolution has seldom lead to evidence of any independence all over the world, which includes the United Kingdom.
I think that even with devolution in Scotland and Wales. It is still very much with central governed. The local government probably knows its people better than central government. I would also say that there is no major input coming from the vast majority of the country.
Footnote
1. http://www.guardian.co.uk/Scotland/Story/0,2763,422145,00.htm
2. http://www.roc-taiwan.org/taiwan/5-gp/yearbook/chpt05.htm
BIBLIOGRAPHY
BOOKS
Ashton. C, and Finch. V, Constitutional Law in Scotland. W. Green Edinburgh 2000.
Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
Himsworth. C.M.G, and Munro. C.R, The Scottish Act 1998.2nd Ed.W.Green Edinburgh 2000.
MacCormick. N, Sovereignty or Subsidiarity? Some comments on Scottish Devolution in Devolution and the British Constitution. Tomkins, A Ed Key Haven London 1998
WEBSITES
http://www.guardian.co.uk/Scotland/Story/0,2763,460886,00.htm by Gerry Hassan
Thursday March 22, 2001.
http://www.guardian.co.uk/Scotland/Story/0,2763,422145,00.htm by Arnold Kemp Sunday January 14, 2001.
http://news.bbc.co.uk/1/hi/programmes/bbc_parliament/2296177.stm.
http://www.devolution.ac.uk.
http://www.laria.gov.uk/content/features/misc/devolut.htm.
http://www.libertyweb.co.uk/scotland/pride/archives/devo2a.shtml
http://www.roc-taiwan.org/taiwan/5-gp/yearbook/chpt05.htm
http://www.hmso.gov.uk/acts/acts1998/19980046.htm
http://www.saltireguide.co.uk/secure/sal1-1.htm
Appendix A
Please note that the information below is the exact information taken from the Schedule 6 of the Scotland Act 1998.
Section 98 of the Scotland Act 1998 refers to schedule 6, which are the provisions in relation to devolution issues, this can be found below:
Schedule 6
Devolution Issues
Part 1
Preliminary
“1. In this schedule “devolution issue” means -
(a) a question whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is within the legislative competence of the Parliament,
(b) a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the Scottish Ministers, the First Minister or the Lord Advocate.
(c) a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, within devolved competence,
(d) a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention rights or with Community Law,
(e) a question whether a failure to act by a member of the Scottish Executive in incompatible with any of the Convention rights or with Community law,
(f) any other question about whether a function is exercisable within devolved competence or in or as regards Scotland and any other question arising by virtue of this Act about reserved matters.
2. A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.” (p212 of Himsworth and Munro)
Appendix B
A referendum of the scheme in 1997, this is how the voters voted.* They were asked 2 questions:
The information above is taken from a website stipulated below.
* http://www.libertyweb.co.uk/scotland/pride/archives/devo2a.shtml
Appendix C
The House of Commons read out the Scotland Bill in December 1997.
These are just some of the following provisions:
- The parliament will have 129 members. 73 will be elected by the first past the post method from existing parliamentary constituencies, with Orkney and Shetland constituencies for this purpose. The remaining 56 “regional” members will be elected according to the additional member system, with seven being returned from each of the eight European Parliamentary constituencies in Scotland. (cl.1 and sched. 1.)
- Elections to the parliament will be held every Thursday in May every four years.
- Clause 27 provides for the Parliament to enact Acts of the Scottish Parliament.
- In Scotland, proceedings for the determination of a devolution issue may be instituted by the Advocate General or the Lord Advocate.
- Paragraphs 33-35 of Schedule 6 provide for direct references of devolution issues to the Judicial Committee by the Lord Advocate, the Advocate General, the or the Attorney General for Northern Ireland.
- Clause 81 provides for the review of Scottish representation at Westminster by the Boundary Commission for Scotland
- Clause 93 provides that where any court or tribunal decides that an Act of the Scottish Parliament or any of its provisions is not within the legislative competence of the Parliament, or that a member of the Scottish Executive does not have the power to make, confirm or approve a provision of subordinate legislation that has purported to make, confirm or approve, it may make an order removing or limiting any retrospective effect of the decision, or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.
The information gathered comes from p36-41 Convery. J, Constitutional. Law Basics. W. Green. Edinburgh 1998.
Appendix D
This is taken directly out of the Scotland Act 1998.*
* http://www.hmso.gov.uk/acts/acts1998/80046--t.htm
These are just some of the reserved matters that can be found in the Scotland Act 1998.