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The Covid-19 pandemic has highlighted the complicated topic of devolution, the transfer of power from Westminster to lower-level governments such as local, regional or national governments in Wales, Scotland and Northern Ireland. In recent weeks, the Government’s Internal Market Bill has been criticised by Scottish First Minister Nicola Sturgeon for its alleged potential to ‘cripple’ devolution, while the Covid-19 crisis has raised the case for regional devolution in the eyes of local leaders such as Greater Manchester Mayor Andy Burnham. But what is devolution, and why is it controversial?

What is the history of devolution in the UK?

The UK is a state made up of four nations, England, Scotland, Wales and Northern Ireland. The UK is not a federal state like the US, but nor is it a highly centralised state, so the situation is complicated!

In the 1970s, appetite for devolution had been building following a rising wave of nationalism as political parties such as the Scottish National Party (SNP) and Plaid Cymru made waves in Scotland and Wales respectively. However, even when Labour Party Prime Minister James Callaghan held a referendum on devolution in 1979, both Wales and Scotland voted not to have powers devolved outside of Westminster. In Scotland, the story was more nuanced because of an amendment to the referendum put forward by Scottish MP George Cunningham (who represented an English seat), which stipulated that 40% of the entire electorate of Scotland (i.e . not just those who voted) had to agree to devolution. Since turnout at the polls was not high enough to meet this threshold, Scottish devolution didn’t pass.

James Callaghan held a referendum on devolution in 1979, Source: BT

It wasn’t until Tony Blair’s Labour Government in 1997 that another referendum was granted. This time, both Scotland and Wales voted in favour of devolved powers. This meant that in 1999, certain powers were transferred from Westminster to the Scottish Parliament, Northern Irish Assembly and Welsh Assembly.

Prime Minister Tony Blair the day after the 1997 referendum on devolution, Source: The Herald

What’s the situation in Scotland?

After the referendum, the Scotland Act 1998 gave the Scottish Parliament at Holyrood in Edinburgh the authority to make laws (primary legislative powers) on a number of policy areas such as health, education, the environment and transport. It also has the power to make changes to income tax. However, Westminster is still in control of big policy areas including foreign policy, defence, immigration, and economic and monetary systems.

The Scottish Parliament at Holyrood, Edinburgh, Source: Daily Record

In 2014, Scotland held a referendum on independence, and 55% of voters rejected the idea. However, much like Brexit, the referendum has far from ended discussion on the subject.

The SNP has governed the Scottish government since 2007, and is led by a First Minister, Nicola Sturgeon.

In Scotland, MSPs (Members of the Scottish Parliament) are elected via the Additional Member System, a type of proportional representation. This means that it aims to give political parties a share of representatives that corresponds to their share of the vote.

What about Wales?

The powers of the Welsh Assembly aren’t as far reaching as those of Holyrood. Initially, it only had the power to decide how legislation was implemented in Wales, but this changed in 2011 after a referendum gave it primary legislative powers. These powers spanned education, health, transport and economic development. In 2017, the Wales Act gave it more powers including on fracking and local elections.

The Welsh Senedd in Cardiff, Source: BBC

In Wales, Assembly Members are elected to the Senedd by the Additional Member System, too. The Welsh Government is currently led by Labour and Mark Drakeford has been First Minister since December 2018.

What does devolution look like in Northern Ireland?

The situation in Northern Ireland is far more nuanced given the country’s history of conflict between unionists and nationalists. This argument has a long history, most notably during The Troubles, which took place between the 1960s and 1990s and which took the lives of thousands of people during violent conflict. The violence ultimately ended with the Good Friday Agreement of 1998, which created a democratically elected Northern Irish Assembly and agreed to power-sharing between the unionist and nationalist groups.

The Northern Irish Assembly in Stormont, Belfast

In Northern Ireland, Members of the Legislative Assembly (MLAs) are elected by the Single Transferable Vote system, a system designed to reach proportional representation through a ranked balloting system. The assembly also has primary legislative powers.

The First Minister of Northern Ireland is currently Arlene Foster, who leads the Democratic Unionist Party (DUP).

In 2017, the Assembly collapsed due to disputes between the DUP and nationalist Sinn Fein parties over the nomination of a deputy first minister. It wasn’t until January 2020 that the British and Irish governments agreed on a deal to restore devolved government in Northern Ireland.

How does it work in England?

England does not have a devolved Parliament of its own. Given developments in devolution, it’s no wonder that some in England have questioned why devolution cannot be extended further within nations, while others have raised the West Lothian Question, namely ‘why can Scottish MPs vote in Westminster on issues that affect England, but I can’t vote on issues that affect Scotland?’

In response, some MPs have argued for English Votes for English Laws, where there would be a veto on Bills certified as England-only. This was passed in 2015 under David Cameron’s Conservative premiership.

What does local government do?

Under Tony Blair, in 2004, the electorate voted against creating an assembly in the north East of England, however local government is still a significant feature of the political system.

Local authorities usually have responsibility for services used by their citizens such as education, housing, transport and the environment. They get their funding mainly from central government but also from other mechanisms such as council tax.

There are many different types of local authority, depending on where you live. For example, you’re likely to have a local council made up of councillors elected by the public. This could be a county council or a district, borough or city council. Sometimes, there are different types of authorities, too, such as metropolitan boroughs or London borough councils. At a more local level, you’ll also find parish and town councils.

Local government is important because it is responsible for services including schooling, housing, social care, public health and local waste collection.

What about bigger areas like Greater London or Greater Manchester?

New legislation in 2009 brought in a new type of regional authority known as a combined authority. This is where councils join up and make decisions together across council boundaries. Combined authorities have power for funding and policymaking on big issues such as transport, health and policing.

Since 2017, there have also been a number of directly elected Metro Mayors, who lead combined authorities and set out local devolution across a number of policy areas. Some examples are Sadiq Khan (Greater London Authority - although this role has been around since 2000), Andy Burnham (Greater Manchester Combined Authority) and Andy Street (West Midlands Combined Authority).

The Greater London Authority by London Bridge

Written by Frankie Crossley

Glossary box

Devolution - Where political power from central government is given to local or regional governments. I.e. Westminster gives power to the Northern Ireland Assembly.

Nationalism - A political idea that nations should be responsible for their own governance. People who subscribe to this ideology are known as nationalists. I.e. the belief that England should govern England

Unionists - Those who support the position of a continued union between Northern Ireland and Great Britain.

Federalism - A mixed form of government combining the central ‘federal’ government with a second tier of regional ‘state’ governments. The United States is governed this way.

West Lothian Question - A question that asks why Scottish MPs can vote on English matters in Westminster, when English MPs cannot vote on Scottish matters at Holyrood. The question is named after Tam Dalyell, former Labour MP for West Lothian, who raised the question in the 70s.

Metro Mayor - A directly elected local leader who has power over a ‘Combined Authority’, meaning a set of local authorities spanning an area e.g. Andy Burnham is Mayor of Greater Manchester.

Primary Legislative Powers - The power to create laws through Acts of Parliament.

Leducate Explains: Devolution