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Key Issues for the New Parliament 2010 DECENTRALISATION House of Commons Library Research

Devolution evolution Helen Holden and Oonagh Gay

There are moves to advance in , Wales and Northern Ireland

The process of devolution has always been Parliaments. The coalition Government has of State for Wales either to lay a draft Order The representation of all four major Northern dynamic and asymmetrical, with individual pledged to implement Calman. How will the to hold the referendum or to refuse to do so, Ireland parties in the Executive means that the settlements for Scotland, Wales and Northern tensions between the parties’ approaches and giving reasons concept of Cabinet collective responsibility Ireland. These continue to evolve separately and those of the Parliaments at Westminster and 3. Approval of the Order by both Houses of the familiar at Westminster does not apply. The centrifugally towards more devolved powers. Holyrood affect the evolution of the devolution UK Parliament Assembly has been slow to legislate and to The continuation of this trend requires the settlement? 4. Approval of the Order by the Assembly show that devolution can make a difference to assent of the UK Parliament. With a combined 5. A majority ‘yes’ vote in a referendum bread and butter issues such as education or 27 seats, the nationalist and Northern Ireland health services. Several strains are developing WALES We have reached the second stage: the parties may well extract high prizes for their Assembly voted in favour of a Welsh Assembly in relation to one of the essential characteristics participation in crucial votes. Under the Government of Wales Act 2006, Government motion for such a referendum on of the Belfast Agreement, the cross-community the Assembly can pass legislation known as 9 February 2010. The coalition Government vote, before major decisions are taken. The DUP ‘Measures’ in matters where the UK Parliament has called for reform together with a reduction SCOTLAND has agreed to allow the referendum process to has agreed that it should have the powers to do go forward. Should the pace of devolution be in size of the Assembly. The SNP in Scotland has so. Powers to make Measures in new areas can decided exclusively in Wales or should this be a The Conservative’s alliance with the UUP yielded called for independence, and having launched be granted in ‘framework’ provisions included joint decision with Westminster? Would Wales no results in terms of seats, indicating that a “National Conversation” on “independence in UK Acts or in Legislative Competence Orders vote ‘yes’? Current polls suggest a narrow the re-integration of Northern Ireland politics and responsibility in a modern world”, is taking (LCOs). LCOs are effectively requests from the majority in favour. with the mainland remain remote. Instead, forward a Referendum Bill in the Scottish Assembly for additional powers, which have the Unionist parties might form a united bloc Parliament. to be approved by the UK Parliament. There to head off any prospect of a Sinn Fein First is likely to be re-examination of the balance NORTHERN IRELAND Minister. After an initial surge in the early The Calman Commission between the use of framework provisions and Northern Ireland has had an Assembly and 2000s, Sinn Fein’s support in the Republic proposals offer more LCOs, the complex procedures for granting Executive for three years, but neither is yet is relatively low, although its support in the LCOs, and the role of (Welsh) MPs in these seen to be functioning efficiently. Northern North remains solid. The prospect of the devolution as an alternative processes. Ireland absorbs disproportionate Whitehall time party winning a referendum for union with to independence and energy because of the fear of a return the Republic (provided for in the Northern The process of granting to a power vacuum which might be filled by Ireland Act 1998) looks unlikely in the short to Partly in response to the SNP’s plans, the Calman full law-making powers to terrorism. To ensure that the recently agreed medium term. Will Northern Ireland’s parties Commission was established in 2008 to review devolution of policing and justice in 2012 works continue to focus on identity issues, or on more the Scotland Act 1998, with the support of the the National Assembly has in practice is likely to remain a major objective mainstream concerns? UK Government and the three main unionist started for the UK Government, despite attempts to parties in the . ensure that problems are resolved in Northern AN EVER MORE DEVOLVED UNION? The Commission made 63 recommendations on The Government of Wales Act 2006 also allows Ireland rather than being referred to the UK and Scotland, Wales and Northern Ireland are each strengthening devolution; co-operation between the Assembly to acquire full law-making powers Ireland. moving in the direction of more devolution, Parliament and governments; the Scottish across all devolved matters. The process has five albeit in different ways and at different Parliament; financial accountability and tax- main stages: Can the devolution of paces. Does this signify a maturing union or raising powers. Responsibility for implementing 1. A two-thirds majority in favour in the a disintegrating one? What does this mean the recommendations lies variously with the Assembly policing and justice operate for England? And how will the role of the UK UK Government and both the Scottish and UK 2. A decision within 120 days by the Secretary effectively in practice? Parliament develop?

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