Devolution at the Centre (Update): January 2007-August 2007

Standard Note: SN/PC/04421 Last updated: 21 August 2007 Author: Paul Lester - Parliament and Constitution Centre

This note gives an account of developments at Westminster on the subject of devolution covering the period from January 2007 to June 2007. The note is an update of SN/PC/4251.1 The purpose of the note is to provide the reader with a broad understanding of the events, including links and references to further information sources that may be useful. A prime source is the Devolution at the Centre monitoring report produced quarterly by the Constitution Unit at University College London, which appears at http://www.ucl.ac.uk/constitution-unit/research/devolution/devo-monitoring-programme.html

The note briefly covers the West Lothian question, primary legislation before Parliament, developments towards an English parliament, local and regional government, Sewel motions, the work of the territorial select committees and other non-parliamentary organisations that have been active in this area.

Contents

A. Background 3 B. Chronological list of key events January 2007 to July 2007 4 C. West Lothian Question 5 a. House of Commons (Participation) Bill 2006-07 6 b. English Parliament 6 D. Inter-Governmental Relations 7 E. Secretaries of State 8 F. Primary legislation and bills 8 a. Parliamentary Constituencies (Amendment) Bill [HL] 8 b. Northern Ireland (St Andrews Agreement) (No.2) Act 2007 9 c. Bilingual Juries (Wales) Bill 9 d. Justice and Security (Northern Ireland) Act 2007 9 G. Regional Government 10 H. Legislative Consent Motions 11

1 Devolution at the Centre: January 2007, SN/PC/4251, http://www.parliament.uk/commons/lib/research/notes/snpc-04251.pdf Standard Notes are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise others. a. Legislative Consent Motions (Sewel Motions) agreed in the period since Jan 2007 11 I. Work of Select Committees 12 1. Northern Ireland Select Committee 12 a. Reports Published since January 2007 13 2. Welsh Affairs Select Committee 13 a. Reports Published Since January 2007 13 3. Scottish Affairs Select Committee 14 a. Reports Published Since January 2007 14 4. Constitutional Affairs Select Committee: Devolution: A Decade On 14 J. Other Publications 15 a. Scotland Office Response to Arbuthnott Commission Report 15 b. Green Paper on Scottish independence 16 K. British/Irish Council 16 L. North South Ministerial Council 16 M. Other Organisations 17 a. Devolution and Constitutional Change (An ESRC Research Programme) 17 b. Constitution Unit 17 N. EDMs tabled in period 17 O. Matters discussed by Grand Committees January 2007 – June 2007 18 a. Welsh Grand Committee 18 b. Northern Ireland Grand Committee 18

2 A. Background

The UK system of devolution is asymmetric, in that there are different levels of devolved responsibilities and there is no common pattern. Scotland, Wales and Northern Ireland all have different forms of devolution.

Scotland has a Parliament and an executive developed from the Westminster model. Under the Scotland Act 1998, the Parliament can pass Acts and the executive can make secondary legislation in areas other than those which are reserved to Westminster. Committees are central to the working of the Parliament. They combine scrutiny of the executive and of legislation. In addition, the Parliament has the power to vary the standard rate of income tax by up to 3 percentage points from the UK level, although it has not yet used this power. The Westminster Parliament can legislate for Scotland in devolved areas, but, under the Sewel Convention, will only do so if asked by the Scottish Parliament.

At time of writing the arrangements in Wales are changing. The settlement created under the Government of Wales Act 1998 is being modified by the Government of Wales Act 2006. Following the May 2007 elections, Wales now has a legislature, the National Assembly for Wales, and an executive, the Welsh Assembly Government. The Welsh Assembly Government will be able to exercise executive functions, such as making secondary legislation in devolved areas. This effectively carries on the existing arrangements, although formally speaking the Assembly itself has made secondary legislation in the past, because the legislature and executive were a single entity. In addition, the National Assembly will be able to apply for the right to make "Measures", which will be akin to primary legislation, on specified devolved matters. It will gain these rights by means of provisions in UK Acts and by Orders in Council which, via the Secretary of State, it will ask the UK Parliament to pass. The Secretary of State will have the right to refuse to lay a draft Order in Council, and s/he will also have the right to block Measures passed by the National Assembly. The 2006 Act also introduced primary powers for the National Assembly for Wales, but only if approved by a referendum, by the UK Parliament and by the National Assembly. There is no intention at present to seek such approval. Further detail is given in Library Standard Note no 4407 The Welsh Assembly elections 2007, the formation of a Welsh Assembly government and recent developments in the Assembly.

The progress of devolution in Northern Ireland is inextricably linked with the peace process, and problems with this led to the Assembly and Executive being suspended four times, most recently since October 2002. When functioning, the Northern Ireland Assembly can make primary and delegated legislation in those areas which are transferred. The UK Parliament legislates in “excepted” and “reserved” areas. “Excepted” subjects will remain with the UK unless the Northern Ireland Act 1998 is amended. “Reserved” subjects could be transferred by Order at a later date if there is cross-community consent. This triple division of areas is unique to Northern Ireland devolution. The restoration of devolved Government to Northern Ireland took place on 8 May 2007. The background to the restoration is given in Library Research Paper 07/ 32 The Northern Ireland (St Andrews Agreement) (no 2) Bill.

Further information is available in the Library Research Paper An introduction to devolution in the UK RP 03/84, from which this section is derived.

3 B. Chronological list of key events January 2007 to July 20072

Date Event 16 January 2007 Hywel Williams introduces the Bilingual Juries (Wales) Bill 23 January 2007 Scotland Office publish their response to the report of the Commission on Boundary Differences and Voting Systems (Arbuthnott Commission) 5 February 2007 Parliamentary Constituencies (Amendment) Bill presented by Lord Baker of Dorking 21 February 2007 The Constitutional Affairs Select Committee announced a new inquiry entitled “Devolution: A Decade On”. Inquiry start date eventually postponed to autumn 2007. 7 March 2007 Northern Ireland Assembly elections take place. 9 March 2007 House of Commons (Participation) Bill has its second reading in the Commons 14 March 2007 Communities and Local Government (CLG) select committee publishes, Is there a Future for Regional Government? (HC 352 I & II) 27 March 2007 Northern Ireland (St Andrews Agreement) (No. 2) Act receives Royal Assent. 3 May 2007 Welsh Assembly Elections 3 May 2007 Scottish Parliamentary Elections 8 May 2007 Northern Ireland Assembly begins sitting 11 May 2007 Scottish Green Party sign “co-operation agreement” with SNPs 11 May 2007 Government response to CLG select committee report entitled Is There a Future for Regional Government? (Cm 7119) 16 May 2007 Alex Salmond elected First Minister in Scottish Parliament 18 May 2007 Parliamentary Constituencies (Amendment) Bill has second reading in the Lords 24 May 2007 Justice and Security (Northern Ireland) Act 2007 receives Royal Assent 25 May 2007 Rhodri Morgan appointed First Minister in Wales 27 June 2007 Plaid Cymru and the Welsh Labour Party leaders sign coalition agreement. Labour Party formally agrees on 6 July and Plaid Cymru on 7 July 16 July 2007 British-Irish Council meets in Belfast

2 Adapted from the Constitution Unit’s Devolution Monitoring Report Devolution at the Centre reports

4 C. West Lothian Question

In a House of Lords debate on the Treaty of Union (25 January 2007) Lord Falconer said:

But—and this is my second point of disagreement—I do not believe that it can accommodate an English Parliament or its proxy, the seductively entitled “English votes for English laws”. The noble Lord, Lord Shutt of Greetland, was right when he said that the critical point in this debate is not support for the union, which, with the one exception I referred to, all noble Lords are in favour of. Instead, the question is how best we achieve it. The big issue raised by this debate is whether English votes for English laws would promote the union or would, as I believe, be a significant step towards the break-up of the union.

Make no mistake: if we were to introduce English votes for English laws in the other place—and I note that there does not seem to be any suggestion that it should be introduced in this House—that would simply be the first step on the way to an English Parliament, and the break-up of the union would follow. I echo the words of my noble friend Lord Anderson who said, “Those who blow on the flames of English nationalism may find that those flames consume the union”. I agree that that is what proposals about English votes for English laws would do.

Why, it has been asked, should there not be English votes for English laws when the Scottish Parliament votes on Scottish issues? The reason there is a Scottish Parliament is because England is over 80 per cent of the United Kingdom. England has over 80 per cent of the population, over 80 per cent of Members of Parliament and over 80 per cent of the country’s GDP. If we had English votes for English laws, how would the system work? I cannot better the speech of the noble Lord, Lord Goodhart, who explained the absurdities and impracticalities that would arise. If we take what he said, and take it one stage further, all noble Lords would agree that the Government of the day must be formed by the party that commands a majority in the House of Commons. Is it seriously suggested that we could have a Government of the nation that could not pass legalisation in relation to England? That would be the effect of what is proposed. It is obvious that the moment that we do that, we end up in a situation where the United Kingdom Parliament gets completely dominated by English issues. The point of devolution is not a federation, because most constitutional experts who look at the concept of federation say that about 30 per cent is the largest that any one member of a federation can be without completely dominating it to the exclusion of its other parts. It is not a practical proposition, and it inevitably leads to an English Parliament. 3

On 3 July 2007, in a debate on constitutional reform, the West Lothian Question was again discussed.4 As part of his constitutional reforms the Prime Minister said that he would, “listen to all proposals that improve our constitution in light of devolution”, but that his Government would “not accept the proposals for English votes for English laws” (EVEL). The Prime Minister went on to say that EVEL;5

would create two classes of Members of Parliament—some entitled to vote on all issues, some invited to vote on only some. We will do nothing to put at risk the Union.

3 HC Deb, 25 January 2007, c1263-4 4 HC Deb, 3 July 2007, c815-834 5 HC Deb, 3 July 2007, c818

5 I am reminded of the statement in 1999 by the right hon. Member for Haltemprice and Howden (David Davis), the shadow Home Secretary, who said that English votes for English laws would cause constitutional chaos.

In response to this David Cameron said.6

Today, the situation is that neither he, nor I, nor any Member of the House has the right to vote on hospitals, schools or housing in his constituency or in other parts of Scotland, yet he is able to vote on hospitals, schools and housing in my constituency. We already have two classes of MP. Is it not the case that the only effective way to solve that problem is to give MPs in English constituencies the decisive say in the House on issues that affect only England?

7 The Prime Minister re-affirmed the Government ’s position.

I do not believe that English votes for English laws is the answer. If the Conservative party wishes to continue to push that, it has to take into account the fact that the Executive would owe their authority to two different groups of people: on one occasion, to all Members of the House and on another occasion, simply to some Members of the House…I do not believe that we will have a sensible debate if it is purely about English votes for English laws

In his reply to the Prime Minister’s statement Sir Menzies Campbell also highlighted the need to address the West Lothian Question again.8

On the issue of English votes for English laws, does the Prime Minister accept that once devolution is properly established in Northern Ireland, Scotland and Wales, it will be impossible to ignore the role of Members of Parliament from those three nations here in Westminster? That is an issue that simply cannot be dismissed. a. House of Commons (Participation) Bill 2006-07

On 13 Dec 2006, Robert Walter presented his Private Member’s Bill which, if passed, would allow the Speaker the power “to determine the eligibility of Members of the House of Commons to participate in certain legislative and other proceedings of the House”.

The Bill’s second reading took place on 9 March 2007, but the debate was ‘talked out’ and subsequently adjourned without a closure motion being moved. Background to the Bill is given in Library Research Paper 07/24 The House of Commons (Participation) Bill.

b. English Parliament

Gordon Brown’s role as Prime Minister has come under particular attention since he sits for a Scottish constituency. However, Mr. Brown has indicated that he opposes provisions which would introduce an English Parliament. The Campaign for an English Parliament have cited growing support in opinion polls for an English Parliament.9 The Governance of Britain

6 HC Deb, 3 July 2007, c821 7 HC Deb 3 July 2007, c823 8 HC Deb, 3 July 2007, c824 9 http://www.thecep.org.uk/news/

6 green paper issued on 3 July 2007 however had no plans for developing either an English Parliament or separate voting on legislation applicable to England only.10 The Conservative’s Democracy Task Force published proposals for parliamentary reform in June 2007, but these did not include any detail on proposals for an English Parliament.11

D. Inter-Governmental Relations

With the election of the Scottish Parliament on 3 May 2007 and the restoration of devolution in Northern Ireland on 8 May 2007, the UK has seen an increased effort from the devolved administrations to co-operate with each other. Scottish First Minister Alex Salmond held a series of meetings with Northern Ireland First Minister Ian Paisley and Deputy First Minister Martin McGuiness during June. In an article from the Belfast Telegraph on 19 June 2007 Mr. Salmond was quoted as saying:12

There’s a huge interest for all of us in progressing relationships in a proper business- like manner. The Deputy First Minister hasn’t stopped being a nationalist and you, First Minister, haven’t stopped being a unionist. What matters is identifying the areas where you agree and working on those.

He went on to say that the British-Irish Council was the “best mechanism we currently have for Scotland and Northern Ireland to work together within the devolved structure” and that it was “absolutely vital” that formal structures are revived for the shared interest.

One of the formal structures mentioned was the Joint Ministerial Committee which, he felt, had not happened in the way envisaged under the 1998 Good Friday Agreement. This point was re-iterated in a parliamentary answer given by then Deputy Prime Minister on 27 June 2007. It was revealed that the last meeting of the JMC that he had attended was in July 2005.13

It was reported in The Times that when Gordon Brown had been appointed Prime Minister he called Alex Salmond to congratulate him on being elected First Minister. Mr. Salmond described the conversation as “cordial” and that they had planned for an early meeting. He said:

I look forward to it and to co-operating with the new Prime Minister in terms of the Scottish interest.

In a House of Commons debate on 25 July 2003, Mr. Salmond criticised the Government’s Green Paper The Governance of Britain (Cm 7170) for not addressing the issue of inter- governmental co-operation.14

For example, way back in 1999 it was envisaged that there would be an organisation of joint ministerial committees to enable the Westminster Government, Ministers and

10 Cm 7170 11 Power to the People Rebuilding Parliament at http://www.conservatives.com/pdf/dtfpaper.pdf 12 “Banging the Drum for Salmond”, Belfast Telegraph, 19 June 2007, p2 13 27 June 2007, c825W 14 HC Deb, 25 July 2007, c968-1010

7 Parliament, the Scottish Parliament, the National Assembly for Wales and, hopefully, the Assembly in Northern Ireland to engage in dialogue on issues of mutual concern. Those joint ministerial committees, certainly in plenary session, have not met since 2002. In terms of the sub-committees, which are part of that process, only one strand of four sub-committees has met over the past five years, and that is the sub- committee on Europe.

Mr Salmond continued to say, “It is important that that instrument, or something like it, is brought back into being very quickly”. He also stated that he did not believe the Government had addressed the West Lothian Question sufficiently.15

The Green Paper is also almost silent on the West Lothian question and the disquiet felt by many English MPs and a considerable number of people in England at the absence of a forum in which to address specifically English matters and legislation. I do not think that that will be adequately coped with by a system of regional Select Committees.

In response the Deputy Leader of the House of Commons, Helen Goodman, said.16

He raised the matter of a joint ministerial committee. The Government are well aware of his calls for the joint ministerial committee to meet, and will consider the proposal.

E. Secretaries of State

In the recent Cabinet reshuffle following the appointment of Gordon Brown as Prime Minister, Peter Hain continued to hold the position of Secretary of State for Wales, but now combined with Secretary of State for Work and Pensions. It was also announced that Des Browne would add responsibility for Scottish matters to his role as Defence Secretary. Shaun Woodward became Northern Ireland Secretary, after media reports that Paddy Ashdown had declined the position.17 This position is unpaid. Despite speculation, there was no attempt at this reshuffle to move the Scotland Office and the Wales Office from the Ministry of Justice (formerly Department of Constitutional Affairs) and consolidate them with the Northern Ireland Office into one department.

F. Primary legislation and bills

a. Parliamentary Constituencies (Amendment) Bill [HL]

On 5 February 2007, Lord Baker of Dorking introduced this Private Members’ Bill in the Lords. The Bill seeks to “reduce the number of parliamentary constituencies; amend the rules governing the number of electors in each constituency; and for connected purposes.”

The Bill proposes a reduction in the number of UK constituencies to no more than 581. It also stipulates that:18

15 HC Deb, 25 July 2007, c998 16 HC Deb, 25 July 2007, c1009 17 “Woman barrister and Tory defector add to the surprises”, The Times, 29 June 2007, p8 18 Parliamentary Constituencies (Amendment) Bill [HL], HL Bill 39, 06-07

8 The number of constituencies in each of England, Wales, Scotland and, Northern Ireland, shall be calculated in each case by multiplying the electoral proportion of each part of the United Kingdom by the number of constituencies in the United Kingdom…

On 18 May 2007, the Bill was read for a second time and committed to a Committee of the Whole House. After passing through committee and report stages in the Lords without debate the Bill had its third reading on 23 July 2007. b. Northern Ireland (St Andrews Agreement) (No.2) Act 2007

On 27 March 2007, the Northern Ireland (St Andrews Agreement) (No.2) Bill was given Royal Assent. This Bill extended the deadline for the restoration of devolution set out in the Northern Ireland (St Andrews Agreement) Act 2006. That Act set a target date of 26 March 2007 for the Northern Ireland Assembly to create a power-sharing Executive; if no Executive were formed, the Assembly would be dissolved immediately. Elections were held for the Assembly on 7 March 2007 and the two largest parties in the Assembly were the Democratic Unionist Party and Sinn Fein. The leaders of both parties agreed to form an Executive on 8 May 2007 in a meeting on 26 March 2007. This Bill was designed to prevent the immediate dissolution of the Assembly, and set a new target date of 8 May, by substituting this new time table into the Northern Ireland (St Andrews Agreement) Act 2006. This explanation of the Bill was taken from Library Research Paper 07/32.19 c. Bilingual Juries (Wales) Bill

On 16 January 2007, Hywel Williams introduced a Private Members Bill which seeks to;20

Amend section 10 of the Juries Act 1974 to provide that in certain cases all members of a jury be bilingual in Welsh and English; and for connected purposes.

The Bill is provisionally down for its second reading on19 October 2007, although it is 37th on the list for that day and so unlikely to progress further.

d. Justice and Security (Northern Ireland) Act 2007

On 24 May, the Justice and Security (Northern Ireland) Act was given Royal Assent. The Act re-introduces a presumption in favour of trial by jury. It also reformed the jury system in Northern Ireland, extended the powers of the Northern Ireland Human Rights Commission, provided additional statutory powers for the police and armed forces and created a permanent regulatory framework for the private security industry in Northern Ireland. This passage is taken from the Library Research Paper on the Bill (RP 06/63).21

19 The Northern Ireland (St Andrews Agreement) (No.2) Bill, RP 07/32, http://www.parliament.uk/commons/lib/research/rp2007/rp07-032.pdf 20 Bilingual Juries (Wales) Bill, Bill 46, 06-07 21 The Justice and Security (Northern Ireland) Bill, RP 06/63 http://hcl1.hclibrary.parliament.uk/rp2006/rp06- 063.pdf

9 G. Regional Government

On 14 March 2007, the Select Committee on Communities and Local Government produced their fourth report of the session entitled Is There a Future for Regional Government? The report sought to probe the likely future direction of the Government’s policy on regional government, by posing the following questions:22

· How does the current system of regional governance actually work? · What role would city-regions play in the future development of regional policy?

The report focused on, “an analysis of the existing structures of regional governance and on the single emerging policy—city-regions—which appears to have the potential to provide a credible alternative to the current arrangements.”

Among its recommendations the Committee stated.

The Government now needs to determine how the specific powers, resources and governance structures of each city-region can be best designed whilst avoiding undermining the capacity of the Regional Development Agencies to support and promote prosperity in surrounding areas.

And: We would encourage the Government to commit itself to a clear city-regions policy, indicating the extent of city-region feasibility, and the powers and resources which will be made available, so that this alternative to regional governance can be properly explored.

The Government published their response to this report on 11 May 2007.23 With reference to the Committee’s recommendations on city-regions the response said.

The Government is committed to encouraging and supporting the development of robust and effective city-region’s and welcomes the Committee’s endorsement of the underlying economic argument. The Sub National Review is specifically looking at how the Government can better empower cities and regions in a way that provides clear accountability for decisions; strong leadership and incentives to support growth; reduced inequalities; and effective governance arrangements.

The Government re-iterated view that there is no ‘one size fits all solution’. However, it went on to say.

That said, the Government recognises the need to specify the powers and resources that will be made available. The Government’s consultation on City Development

22 Is there a future for Regional Government?, Select Committee on Communities and Local Government, 14 March 2007, HC 352 I and II http://www.publications.parliament.uk/pa/cm200607/cmselect/cmcomloc/352/35202.htm 23 Government Response to the Communities and Local Government Committee’s Report on the Future of Regional Government, CM 7119, 11 May 2007 http://www.official- documents.gov.uk/document/cm71/7119/7119.pdf

10 Companies finished on 7 March, and reform of Passenger Transport Authorities in our big cities is being taken forward through the forthcoming draft Road Transport Bill.

On 3 July 2007, Mr Brown announced in the Governance of Britain (Cm 7170) green paper that he would set up regional select committees. Further information is given in Library Standard Note no SN/PC/4411 The Proposed Regional Select Committees and the Future of the Regional Assemblies.

H. Legislative Consent Motions

For further information on the Sewel Convention (Legislative Consent Motions as they are now known) the Library has produced a Standard Note:

The Sewel Convention – (SN/PC/2084) http://www.parliament.uk/commons/lib/research/notes/snpc-02084.pdf

a. Legislative Consent Motions (Sewel Motions) agreed in the period since Jan 2007

Title Date Introduced in Summary of Bill Date Legislative UK Parliament Consent Motion was agreed to in Scottish Parliament Consumers, Estate 16 November 2006 The Bill seeks to 17 January 2007 Agents and Redress establish a new Bill National Consumer Council; require utility companies to join redress schemes and estate agents an ombudsman scheme; give individuals rights to cancel contracts for goods and services made away from business premises. Further Education 20 November 2006 The Bill implements 17 January 2007 and Training Bill proposals in 'Further education: raising skills, improving life chances', Cm 6768. Makes provision for the Learning and Skills Council for England; further education institutions and industrial training levies. Serious Crime Bill 16 January 2007 This Bill makes 8 March 2007

11 provision for a range of measures to prevent and investigate serious crime. Statistics and 21 November 2006 This Bill provides for 1 February 2007 Registration Services the creation of a Bill Statistics Board which will be the legal successor to the Office for National Statistics. It also regularises the employment position of registrars in England and Wales. Tribunals, Courts 16 November 2006 This Bill makes 31 January 2007 and Enforcement Bill provision for the establishment of a new tribunals system, reforming the criteria for judicial appointment and other matters

For further information on Legislative Consent Motions (past and present), with links to the Scottish Parliament debates, please see the following Scottish Parliament Factsheets:

Legislative Consent Motions Session 3 http://www.scottish.parliament.uk/business/research/factsheets/documents/LegislativeConse ntMotionsSession3.pdf

Sewel and Legislative Consent Motions Session 2 http://www.scottish.parliament.uk/business/research/factsheets/documents/SewelMotionsan dLegislativeConsentMotionsSession2.pdf

Sewel Motions Session 1 http://www.scottish.parliament.uk/business/research/factsheets/documents/SewelMotionsSe ssion1.pdf

I. Work of Select Committees

1. Northern Ireland Select Committee

Current inquiries:

The Northern Ireland Prison Service – The inquiry will examine whether the existing prison estate is adequate and appropriate for the secure accommodation of Northern Ireland’s prisoners. It will also look at whether the Prison Service meets the health and educational needs of prisoners.

12 a. Reports Published since January 2007

Date Report Title HC Number 23 May 2007 Second Special Report - HC 545 Tourism in Northern Ireland and its Economic Impact and Benefits: Government Response to the Committee's Third Report of Session 2006-07 30 April 2007 First Special Report - Draft HC 475 Protocol for Community- based Restorative Justice Schemes: Government Response to the Committee's First Report of Session 2006-07 15 March 2007 Third Report - Tourism in HC 119 Northern Ireland and its Economic Impact and Benefits 7 February 2007 Second Report - The Work HC 294 of the Committee in 2006 25 January 2007 First Report - Draft Protocol HC 87 for Community–based Restorative Justice Schemes

Northern Ireland Affairs Committee web pages http://www.parliament.uk/parliamentary_committees/northern_ireland_affairs.cfm

2. Welsh Affairs Select Committee

Current Inquiries:

Energy in Wales – To follow up their report in 2005-06 (in Wales, 3rd Report, Session 2005- 06, HC 876) the Committee will look at coal production and consumption in Wales; the future of the Welsh coal industry; carbon capture and storage; the environmental effects of surface mining; micro-generation initiatives; and the development and adoption of new technologies to combat carbon emissions.

Globalisation and its Impact on Wales – The inquiry will focus on 4 main themes; employment; population and population movement; food production and supply; and broadcasting and the creative industries. a. Reports Published Since January 2007

Date Report Title HC Number 30 July 2007 First Special report - HC 986 Legislative Competence

13 Orders in Council: Government Response to the Committee's Second Report of Session 2006-07 6 June 2007 Third Report - Welsh HC 74 Prisoners in the Prison Estate 5 June 2007 Second Report - Legislative HC 175 Competence Orders in Council 26 February 2007 First Report - Work of the HC 291 Committee in 2005-06

Welsh Affairs Select Committee web page http://www.parliament.uk/parliamentary_committees/welsh_affairs_committee.cfm

3. Scottish Affairs Select Committee

Current Inquiries:

Poverty in Scotland – The scope of the inquiry, which will cover poverty in both urban and rural areas of Scotland, will include the availability of affordable money and the activities of loan sharks, as well as major Government programmes, such as Welfare to Work.

a. Reports Published Since January 2007

Date Report Title HC Number 23 July 2007 Memorandum - Spring HC 906 Supplementary Estimate 2007: Explanatory Memorandum by the Scotland Office 22 February 2007 First Report - Work of the HC 308 Committee in 2006

Scottish Affairs Select Committee http://www.parliament.uk/parliamentary_committees/scottish_affairs_committee.cfm

4. Constitutional Affairs Select Committee: Devolution: A Decade On

On 21 February, the Constitutional Affairs Committee announced that it would conduct an inquiry into the impact of devolution at the UK level, and its consequences for the United Kingdom’s constitution. The Committee’s terms of reference were set out in a press notice.24

24 “Devolution: A Decade On”, Constitutional Affairs Select Committee, 21 February 2007 http://www.parliament.uk/parliamentary_committees/conaffcom/cfcpn11_070221.cfm

14 1. Westminster: How does Parliament deal with devolution issues, e.g. legislating for Scotland and Wales.

2.What issues remain outstanding, e.g. ‘the English question.’

3. Whitehall: What impact has devolution had on Whitehall? Has there been a change in culture? How have they responded to the divergence in policy making? How have the Concordats developed, and are they working?

4.Intergovernmental relations: How are bodies such as the British Irish Council working? What about representation at the EU level?

5 What is the future of the current Secretaries of State for Scotland, Wales and Northern Ireland? Are the current arrangements for the Wales and Scotland offices within the DCA appropriate?

6.Devolution and the Courts: have there been legal disputes in the context of devolved/reserved issues and policy divergence?

7.What are the other outstanding issues around reserved and devolved issues? How could these be best resolved? Is the UK’s model of asymmetric devolution sustainable?

8. What are the broader consequences of devolution for the future of the UK’s constitution?

On 12 June, the Committee announced that they were postponing the inquiry until the autumn. The announcement stated that the inquiry had been postponed “as a result of the recent machinery of Government changes.25 The inquiry was then restarted on 25 July and a call for evidence was issued.26

J. Other Publications

a. Scotland Office Response to Arbuthnott Commission Report

On 23 January, the Scotland Office published its response to the Arbuthnott Commission report.27 The commission recommended a switch from a ‘closed list’ system to an ‘open list’. However the Government rejected this proposal as they thought it would “over complicate the voting system”. The Government also rejected the proposal for the single transferable vote to be introduced for European parliamentary elections saying that there were no strong reasons to change at present. Further information is given in Library Standard Note no 3918 The Arbuthnott report and Scottish elections.

25 “Devolution: A Decade On”, Constitutional Affairs Select Committee, 12 June 2007, http://www.parliament.uk/parliamentary_committees/conaffcom/cacpn120607.cfm 26 “Call For Evidence”, Constitutional Affairs Select Committee, 25 July 2007, http://www.parliament.uk/parliamentary_committees/conaffcom/cacpn270707.cfm 27 “Response by the Secretary of State for Scotland to the Report of the Commission on Boundary Differences and Voting Systems (Arbuthnott Commission)”, Scotland Office, 23 January 2007, http://www.scotlandoffice.gov.uk/our-communications/doc.php?id=79

15 b. Green Paper on Scottish independence

Independence and Responsibility in the modern world was published as a green paper by Alex Salmond on 14 August 2007.28 This included a draft bill for the holding of a referendum on independence for Scotland. It also set out options to increase the scope of devolved powers for the Scottish Parliament and Executive. It also proposed a ‘national conversation’ to discuss the issues of increased devolution or independence. The SNP only forms a minority executive, and so implementation of plans for independence are very unlikely in the short term.

K. British/Irish Council

On 16 July 2007, the British-Irish Council (BIC) held its ninth summit in Belfast. This was the first time the council sat in Belfast and the first meeting since the restoration of the Northern Ireland Assembly in May 2007. The communiqué which was released after the meeting outlined the main areas of discussion.29 The main topic was the “Strategic direction of the BIC”, looking at how the council will work now that all 8 members are represented again. Other topics were, transport, misuse of drugs, environment, e-health, tourism, knowledge economy, social inclusion, demography and Indigenous, Minority and Lesser Used Languages.

On 7 December 2006, the sectoral group on drugs met in Belfast, concentrating on the challenges presented by cocaine use.

Further information is available on the British-Irish Council website at

http://www3.british-irishcouncil.org/index.asp

L. North South Ministerial Council

This body established under the Belfast Agreement in 1998 met again on 17 July 2007, now that devolution has been restored. The Council had not met since 2002, when it was suspended, due to the return of direct rule. A communiqué was issued jointly by the First and Deputy First Ministers and the Taoiseach.30

For further details their website is http://www.northsouthministerialcouncil.org/index.htm

28 http://www.scotland.gov.uk/Publications/2007/08/13103747/0 29 “Communiqué”, British-Irish Council, 16 July 2007, http://www.british- irishcouncil.org/documents/belfast_summit.asp 30 “Plenary Joint Communiqué”, The North/South Ministerial Council, 17 July 2007, http://www.northsouthministerialcouncil.org/index/publications/joint-communiques/plenary- jc/plenary_jc_17_july_2007-3.htm

16 M. Other Organisations a. Devolution and Constitutional Change (An ESRC Research Programme)

The Devolution and Constitutional Change programme produced its final report in March 2006. This considered the extent to which devolution had been successful and looked at public opinion of the process in England, Wales, Scotland and Northern Ireland.31

The programme advisory board was chaired by Peter Riddell (the Times).

Website: http://www.devolution.ac.uk/ b. Constitution Unit

According to its website,32 the Constitution Unit is carrying out research into

Parliament-executive relations in the context of multi-level governance. The project, led by Robert Hazell and Akash Paun, is investigating the relationship between Britain’s three legislatures – Westminster, the Scottish Parliament and the National Assembly for Wales – and their respective executives. In particular, we are looking into how the legislatures hold to account ministers involved in intergovernmental negotiations at both the European level and the intra-UK level (between Whitehall and devolved administrations).

The draft report for this is available on the website.33 The Constitution Unit is continuing its Devolution Monitoring Reports for Scotland, Wales, Northern Ireland and the Centre, with quarterly reports available on-line at http://www.ucl.ac.uk/constitution-unit/research/devolution/devo-monitoring-programme.html

N. EDMs tabled in period

EDMs Tabled with relevance to devolution January 2007 – June 2007

EDM Number Title Primary Date Number of Sponsor Signatories* SECTARIANISM David 03.05.2007 68 EDM 1414 IN NORTHERN Anderson, IRELAND EDM 1198 RESTORATION Mark Durkan 21.03.2007 136 OF THE NORTHERN IRELAND

31 Economic and Social Research Council, Final Report of the Devolution and Constitutional Change Programme, March 2006, http://www.devolution.ac.uk/final_report.htm 32 Constitution Unit, http://www.ucl.ac.uk/constitution-unit/ 33 “Parliamentary Scrutiny of Multi-Level Government”, Constitution Unit, http://www.ucl.ac.uk/constitution-unit/files/devolution_and_health/Parliamentary%20Scrutiny%20of%20MLG.pdf

17 ASSEMBLY

EDM 638 THE UNION Danny 16.01.2007 36 Alexander EDM 670 ENGLISH Frank Field 17.01.2007 19 PARLIAMENT EDM 623 300th David Mundell 15.01.2007 92 ANNIVERSARY OF THE ACT OF UNION UNLOCK David Chaytor 15.11.2006 93 EDM 86 DEMOCRACY CAMPAIGN * No. of signatories correct at time of writing

O. Matters discussed by Grand Committees January 2007 – June 2007 a. Welsh Grand Committee

Date Chairmen Business 13 December 2006 Mr. Martin Caton Governments Legislative Programme (Afternoon) 13 December 2006 Mr. Martin Caton Governments Legislative Programme (Morning)

b. Northern Ireland Grand Committee

Date Chairmen Business 27 February 2007 Dr. William McCrea Draft Budget (Northern Ireland) Order 2007 12 December 2006 Sir Alan Haselhurst Governments Anti Poverty

Further information on debates can be found on the ‘General Committees’ page of the Parliament website: http://www.publications.parliament.uk/pa/cm/othstn.htm

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