The Role & Powers of Devolved Bodies in the UK

The United Kingdom’s constitution is defined by its flexibility and evolutionary nature, with devolution standing as one of the most significant constitutional changes of recent times. Devolution refers to the statutory delegation of powers from the central government of the United Kingdom (UK) to subnational bodies. This process has reshaped the structure of governance within the UK, impacting the balance of power, the nature of political accountability, and the relationships between the different nations and regions of the UK. This section explores the role and powers of devolved bodies in the UK, considering the specific cases of England, Scotland, Wales, and Northern Ireland, and evaluates the impact of devolution on the UK as a whole.

The Role and Powers of Devolved Bodies in the UK

Devolved bodies are responsible for exercising authority over specific areas of policy and administration. Unlike federal systems, where sovereignty is constitutionally divided, the UK Parliament at Westminster retains ultimate sovereignty. However, devolution has granted significant autonomy to Scotland, Wales, and Northern Ireland, allowing these nations to exercise legislative and executive powers in a range of areas. Devolved bodies play a crucial role in reflecting the unique political, social, and economic priorities of their respective countries, ensuring that governance is more locally responsive.

The scope of devolved powers varies considerably between the nations, reflecting their distinct historical, cultural, and political circumstances. These devolved powers generally cover areas such as health, education, transport, and aspects of economic policy, while matters like foreign affairs, defence, and immigration remain reserved to Westminster.

Devolution in England

Unlike Scotland, Wales, and Northern Ireland, England does not have its own devolved Parliament or Assembly. Instead, devolution in England has taken the form of limited administrative devolution to regional and local authorities. The main forms of devolution in England include:

Greater London Authority (GLA): Established in 2000, comprising the directly elected Mayor of London and the London Assembly. The GLA controls budgets for transport, policing, economic development, and fire services within Greater London.

Metro Mayors and Combined Authorities: Since 2014, certain English regions have been granted combined authorities with directly elected metro mayors (e.g., Greater Manchester, West Midlands, Liverpool City Region). These bodies have varying degrees of control over transport, housing, planning, and skills.

Local Government Devolution Deals: City deals and devolution agreements have provided further powers to local authorities, particularly in areas such as economic development and health and social care integration.

However, the lack of a comprehensive English Parliament means that England is unique in its asymmetrical devolution, and this has led to ongoing debates about fairness; most notably, the “West Lothian Question”, which concerns the voting rights of MPs from devolved nations on English-only matters.

Scottish Parliament and Government

The Scottish Parliament was established in 1999 following a referendum in 1997. It is a unicameral legislature based in Edinburgh, with 129 Members of the Scottish Parliament (MSPs). The Scottish Government, led by the First Minister, exercises executive power.

Powers of the Scottish Parliament:

• Primary Legislation: The Scottish Parliament has the power to make primary legislation in areas not reserved to Westminster, including health, education, justice, agriculture, environment, and transport.
• Tax and Borrowing Powers: Following the Scotland Acts of 2012 and 2016, Scotland has increased powers over taxation and borrowing, including the ability to set income tax rates and bands, and certain social security powers.
• Other Powers: Scotland controls areas such as housing, local government, sport and culture, and some aspects of energy policy.

Reserved Matters:

• The UK Parliament retains control over foreign affairs, defence, national security, fiscal and monetary policy, immigration, and broadcasting, among others.

Impact:

The existence of a powerful Scottish Parliament has led to significant policy divergence between Scotland and the rest of the UK, particularly in areas such as tuition fees, prescription charges, and social care. It has also fuelled debate over Scottish independence, resulting in the 2014 referendum and ongoing political contention.

Welsh Senedd and Government

The Senedd (Welsh Parliament, previously known as the National Assembly for Wales) was also established in 1999 after a referendum in 1997. It consists of 60 Members of the Senedd (MSs) and is based in Cardiff. The Welsh Government is led by the First Minister.

Powers of the Senedd:

• Legislative Powers: Initially, the Senedd could only pass secondary legislation, but the Government of Wales Act 2006 and subsequent Wales Acts have granted the Senedd primary legislative powers in devolved areas such as health, education, local government, environment, and culture.
• Tax Powers: Since 2019, the Senedd has power over certain taxes, including landfill tax, land transaction tax, and partial devolution of income tax.
• Executive Powers: The Welsh Government implements devolved policies and manages the devolved budget.

Reserved Matters:

• The UK Parliament retains control over defence, foreign affairs, fiscal policy, and other central matters.

Impact:

Welsh devolution has enabled the development of policies tailored to Welsh needs, such as the prioritisation of the Welsh language and distinctive approaches to health and education policy. However, the relatively limited tax and borrowing powers of the Senedd mean that Wales remains more financially dependent on Westminster than Scotland.

Northern Ireland Assembly and Executive

The Northern Ireland Assembly was established as part of the Good Friday Agreement in 1998, aiming to provide power-sharing and peace after decades of conflict. The Assembly is based at Stormont, Belfast, and has 90 Members of the Legislative Assembly (MLAs).

Powers of the Northern Ireland Assembly:

• Legislative Powers: The Assembly has power to legislate in areas such as health, education, agriculture, environment, justice, and infrastructure.
• Executive Powers: The Northern Ireland Executive is a power-sharing government comprising ministers from both nationalist and unionist parties, reflecting the delicate political balance in the region.
• Justice and Policing: Since 2010, policing and justice powers have been devolved to the Assembly.

Reserved and Excepted Matters:

• The UK Parliament retains control over matters including foreign affairs, defence, immigration, and certain aspects of fiscal policy.

Impact:

Devolution in Northern Ireland has been central to the peace process and the management of deep-seated political divisions. However, the Assembly has faced periods of suspension due to political disagreements, highlighting the fragility of its institutions.

The Impact of Devolution on the UK

Policy Divergence:

Devolution has produced significant policy divergence, with Scotland, Wales, and Northern Ireland often adopting different approaches to health, education, and social policy. This allows governments to tailor policies to their populations but can create disparities across the UK.

Political Engagement and Identity:

Devolved institutions have fostered a sense of national identity and increased political engagement in Scotland, Wales, and Northern Ireland. However, it has also reinvigorated nationalist movements, most notably in Scotland, where independence remains a live political issue.

Asymmetry and Constitutional Tensions:

The uneven nature of devolution, with England lacking an equivalent parliament, has led to constitutional anomalies, including the West Lothian Question and calls for an “English Votes for English Laws” (EVEL) process. The UK now operates as a quasi-federal state, though ultimate sovereignty remains at Westminster.

Intergovernmental Relations:

Devolution has necessitated new mechanisms for coordination and dispute resolution between UK and devolved governments, such as the Joint Ministerial Committee. Tensions can arise over funding settlements (the Barnett formula), Brexit-related issues, and the extent of devolved powers.

Resilience and Challenges:

Devolved governments have shown both innovation and resilience, particularly in response to challenges such as the COVID-19 pandemic. However, the stability of these institutions, especially in Northern Ireland, remains a concern.

Summary

The devolution settlement is a defining feature of the modern UK constitution. Devolved bodies play a vital role in delivering government closer to the people, allowing for policy innovation and reflecting the diversity of the UK’s nations and regions. However, constitutional tensions, questions over financial autonomy, and the future of the Union ensure that the debate over devolution will continue to shape UK politics for decades to come.