Discover The Facts

The West Lothian question: what representation should a devolved region have in Westminster?

There are a number of options, all of which are problematic.

No representation at all

Some argue that this would be unfair, because the people of all three regions continue to pay taxes to the centre and therefore should have representation.  

The ‘in and out’ solution: representation, but exclusion on particular subjects

Currently, Scottish MPs in Westminster can vote on all matters affecting the English, Welsh and Northern Irish; but not on matters transferred to the Scottish Parliament.

One solution, then, is to allow MPs from devolved regions to remain at Westminster, but be excluded from matters exclusively concerned with matters from the other regions.  Thus, a Scottish MP would not be allowed to speak or vote on matters exclusively concerned with England, Wales, or Northern Ireland.  However, there may be problems defining what is a matter ‘exclusive’ to one particular region.

There is a political imperative both in relation to 'no representation' or the 'in and out solution'.  The Labour Party has always needed the MPs returned from Scotland and Wales to maintain a majority in Government.  If only English MPs could vote on English matters, it would cause issues for a Labour government.

This points to the key issue with the 'in and out' solution. It could create great disruption. In cases where the ruling party holds a slim majority in Westminster, the composition of the government might change depending on the matter being debated. For instance, on a matter affecting the English, it might be that a Labour government could not muster a majority, and so ‘the government’ might shift to the opposition. If there were no representation at all from the devolved regions this could impact the ability of the Labour party to obtain a majority in parliament.

Reduced representation

This is the solution which has been used historically. For instance, after the establishment of a Parliament in Northern Ireland, Northern Irish MPs in Westminster continued to have full voting rights. However, their number was reduced to 13, or about two-thirds of what Northern Ireland should have had in Westminster on the basis of population. † More

One answer, then, might be to allow MPs from devolved areas to retain full voting rights, but reduce their number by some specified proportion.

Leave things as they are

This approach would recognise that asymmetry between regions in the UK has long been present, and need not be answered.

 

The English Question: It is argued that there are two key questions here: - † More

1. Does England’s place within the Union need strengthening?

Two commonly-made suggestions are an English Parliament and English votes on English laws.

• An English Parliament

There are a number of practical problems associated with the establishment of an English Parliament.

Given that English MPs make up 80% of all Westminster MPs, and make law for 85% of the UK, an English Parliament would seem an unnecessary replication of the UK Parliament.  What would be the role of the English Parliament, and what then would be the role of the UK Parliament? Similarly, where would the English Parliament be located?

An English Parliament would also create, in effect, a federal system; but it would be a federal system which was highly asymmetrical, with one constituent unit—England—being mostly dominant.  It would, in effect, be more important than Westminster.

On the other hand, as indicated above, there is a political issue where the government of the day depends on the MPs of the devolved regions to achieve the necessary majority to legitimise its claim to form the government. † More

It is entirely possible that an English parliament would have a different political bias to Parliament in Westminster.

 

• English votes on English laws

See the discussion above in ‘the West Lothian Question’.

2. Does England’s government need decentralisation?

If the concern raised by the English question is that power is too distant from the English, then one potential solution is regionalism.  However the attempt to create a regional assembly in the Northeast failed and this option has been shelved for the near future.

 

Does the funding of the devolved regions need to be reviewed?

Many are critical of the Barnett formula and the way in which funding is set for the devolved regions.  In terms of public expenditure, the per capita spend is lowest in England and there are many English people who consider they subsidise the devolved regions at the expense of England.

Equally the devolved regions consider that they lose out in terms of funding and that the Barnett formula takes no account of the actual needs of each region and its people. The white paper issued by the Scottish government on 30 November 2009 - "Your Scotland, Your Voice, A National Conversation"- notes 'the Scottish budget depends on unilateral decisions by the United Kingdom Government on spending in England.  For example, the implementation of efficiency savings across the United Kingdom Government, and reductions in Department of Health baselines in England in the 2009 Budget, resulted in the Scottish budget being cut by £500 million in 2010/11."

What would be the appropriate formula?  Should the devolved regions have more autonomy over revenue raising?

 

Devolution involves the delegation of state power by national government to a sub national level.  The United Kingdom is a multinational state, comprising Great Britain (England, Scotland and Wales) and Northern Ireland, and managing the relationship between the centre and its constituent parts is a perennial issue.  Since 1998, many powers and functions, formerly held by the UK Parliament, have been transferred to sub national bodies in Scotland, Wales and Northern Ireland.

Under the British constitution, the UK, central government ultimately remains supreme.  In theory, Westminster could take back the power it delegated, or legislate in spite of the devolved legislatures.  By contrast, in a federal state, the division of powers between the centre and constituent part is fixed, or difficult to amend; it is not the national or central government which is supreme, but rather the constitution, which distributes power between centre and constituent part.

The devolutionary settlements in the UK are not equal: the powers, composition and executive arrangements of Scotland, Wales and Northern Ireland all differ from each other.  England is the only UK nation without a devolved legislature.

 

Devolution is the main means by which the relationships between Westminster and the 4 nations of the United Kingdom are now organised, with the exception of England.

The asymmetry of relations between Westminster and the 4 nations of the United Kingdom is leading many people to rethink the role of MPs from devolved regions at Westminster and whether or not England itself should have its own devolved government.  Devolution is also viewed as the first stage on the road to independence.

1536-42

Union of England and Wales

1707

Union with Scotland

1800

Union with Ireland

1919

Speaker's Conference to consider devolution held

1921

Anglo - Irish Treaty signed - 26 counties of Ireland effectively become the Irish Free State; 6 counties remain to become Northern Ireland

1922

Government of Ireland Act passed - establishes Northern Ireland Parliament with broad powers of legislation

1950

Scottish Covenant calling for devolved government signed by 2 million Scots

1972

direct rule is imposed on Northern Ireland; the Northern Irish Parliament is suspended

1973

The Royal Commission on the Constitution (the 'Kilbrandon Commission') reports, recommending devolved legislatures for Scotland and Wales

1979

referendum on Scottish and Welsh devolution held

1989

Scottish Constitutional Convention holds its first meeting

1995

Scottish Constitutional Convention publishes Scotland's Parliament, Scotland's Right - a call for devolved government

1997

referendum on Scottish and Welsh devolution held, with majorities in both areas voting in favour of devolution; introduction of proportional representation at devolved level

1998

Scotland Act

1998

Wales Act

1998

Good Friday agreement signed; referendums held in both Northern Ireland and the Irish Republic later ratify it

2002

Northern Ireland Assembly suspended

2004

referendum on regional government for the Northeast of England fails

2006

Government of Wales Act

2007

power restored to the Northern Ireland Assembly

Devolution is one approach to the problem of governing the four nations of Britain.  It involves the delegation of state power by national government to a sub national level.  Why is devolution necessary?  There are a number of general arguments for and against devolution.

For

• Devolution provides recognition of the historic existence of nations and acknowledges their right to determine their own affairs
• Devolution eases pressures on sub national units to secede from the state
• Devolution may increase efficiency; power is best exercised and held accountable at the level at which it most directly affects people
• Devolution may free the central government from focusing on local issues and allow it to concentrate on broader issues

 

Against

• Devolution may lead to the fragmentation and eventual breakup of the United Kingdom
• Devolution may lead to inequality between regions; there should be uniformity of treatment within a state
• Devolution means the addition of another layer of government

 

Since 1999 both Scotland and Northern Ireland have had legislatures which can enact primary legislation on certain devolved matters; the Welsh National Assembly acquired a similar capacity in 2006.  Where power is not devolved, it is ‘reserved’ to the UK Parliament.  Generally speaking, matters which remain the responsibility of the UK Parliament include foreign relations, national security, the constitution, and taxation.

All three devolved legislatures, being ultimately ‘subordinate’ to Westminster, specifically lack the power to legislate incompatibly with EC law, the European Convention on Human Rights, and the Human Rights Act 1998.

The devolution arrangements made for each country, often termed the 'devolutionary settlements' are not equal: the powers, composition and executive arrangements of Scotland, Wales and Northern Ireland all differ in form and scope.  Thus Douglas Hurd argued that devolution was “producing a system of amazing untidiness … a Kingdom of four parts, of three Secretaries of State each with different powers, of two Assemblies and one Parliament, each different in composition and powers from the others.”

The devolutionary settlements of 1998 have made prominent the English Question: what should be done about England, given devolution elsewhere?  England is the only UK nation without a devolved legislature, although it does have regional ministers.  Why should England not have a greater political voice?  There has been talk about creating an English Parliament, but there are a number of practical problems in establishing such an institution .

Westminster

Each region remains represented by a number of MPs at Westminster roughly in proportion to its population.† More

One problem highlighted by devolution is the issue of determining what representation a devolved region should have in Westminster.  This is known as the West Lothian question, named after the constituency of the MP who first popularised the issue. † More

The devolutionary settlements have been accompanied by a set of administrative arrangements setting out mutual understandings and to make relations between Westminster and the devolved regions smoother. † More

The Lord Chancellor and the Ministry of Justice have current overall responsibility for devolutionary policy at Westminster.

Scotland, Wales and Northern Ireland each have a Secretary of State and an office located at Westminster.  Each Secretary of State represents the interests of his or her respective nation at Westminster, acting as a guardian of devolution and ensuring the region’s interests are fully taken into account.

These Secretaries are responsible to the UK Parliament, not the respective devolved legislatures.  In their respective regions, the Secretaries of State represent UK government interests.  In practice, however, the devolved regions usually liaise with the relevant UK government departments. † More

England has nine regional ministers at Westminster.  Appointed as part of the Governance of Britain policy in 2007, the regional ministers have a similar role to the devolved regions’ secretaries of state, with a particular emphasis on economic development. The regional ministers’ role is to ‘provide a clear sense of strategic direction’ for their respective regions, to represent the regions’ interests in central government, and represent the central government in the regions.

At Westminster, there are also regional select committees and grand committees for the English regions, Scotland, Wales and Northern Ireland.  Select committees for the regions (English and devolved) operate in a similar manner to other select committees: they examine the work of the Westminster departments responsible for a particular region.  So, for instance, the Scottish select committee examines the expenditure, administration and policy of the Scotland Office, and its relations with the Scottish government. Grand committees consist of all the MPs of that region.  They debate broad issues relevant to their region, question the relevant minister, and can if necessary examine relevant legislation.  Grand Committees can also meet outside Westminster. † More

 

England

England, alone of the three nations, has no separate legislature and government; it is governed solely by Westminster.  This raises starkly ‘the English question’.

In light of this, the Labour government suggested the establishment of regional assemblies.  This was tested in 2004, when a referendum was held in the Northeast of England on this very matter.  On a 50% turnout, 78% of those voting rejected the idea of a regional Parliament.  The idea of regional government for the Northeast was dropped.

Instead, England currently has nine regional ministers at Westminster, appointed as part of the Governance of Britain policy in 2007.  These nine regions represented are:

• East Midlands
• East of England
• London
• North East
• North West
• South East
• South West
• West Midlands
• Yorkshire and the Humber† More
  +

  See Government Offices for the English Regions: http://www.gos.gov.uk/national/ 

 

Scotland

In the 1997 referendum, the Scottish electorate was asked two questions: should there be a Scottish Parliament, and should such a Parliament have tax-varying powers.  Of those who voted, 74.3% voted yes to a Scottish Parliament, and 63.5% voted yes for tax-varying powers.  A Scottish Parliament with tax-varying powers was established under the Scotland Act 1998.

Composition

The composition of the unicameral Scottish Parliament is determined by a proportional representation system (AMS).  There are 129 MSPs in the Scottish Parliament: 73 are elected by constituency vote and the remaining 56 by party vote.  There are constitutionally required fixed-term elections every 4 years. † More

 

As a result of proportional representation, no single party has yet gained a majority in the Scottish Parliament.  This has meant that on election night, Scottish political parties have negotiated amongst themselves to form a stable government.  However, in the first two parliamentary terms, the Scottish Labour Party and the Liberal Democrats functioned relatively well as a majority coalition; the present Scottish government is the Scottish Nationalist Party, running as a minority government.  There has been little sign of instability. 

 

There is a four-year fixed parliamentary term.

As a practical matter the Scottish government is usually the party with the most seats in Parliament.  A First Minister is chosen by the Scottish Parliament.  The First Minister then appoints the other members of Cabinet, who collectively then make up the Scottish government. The Scottish government must retain the support of a majority of the Scottish Parliament in order to govern. There is a Scottish civil service, who are responsible to the Scottish government.

Powers

The powers of the Scottish Parliament are determined by the Scotland Act 1998.  In essence, the Scottish Parliament can enact primary and secondary legislation on any matter not reserved to the UK Parliament.

The areas reserved to Westminster are set out in the Scotland Act, and include matters such as:

• the constitution
• defence and national security
• the fiscal, economic and monetary system
• trade and industry
• some aspects of transport
• social security
• foreign affairs
• the civil service
• immigration and nationality
• energy: electricity, coal, oil, gas, nuclear energy
• employment
• equal opportunities

 

Matters devolved to Scotland include:

• health
• education and training
• local government
• social work
• housing
• planning
• tourism, economic development and financial assistance to industry
• some aspects of transport
• law and home affairs, including most aspects of criminal and civil law
• the police and fire services
• agriculture, forestry and fishing

 

There is an understanding that the UK Parliament will not legislate on a devolved matter without first obtaining the consent of the Scottish Parliament: this is known as the Sewell convention.  Although the Westminster Parliament in theory could legislate on any matter in contravention of the Scotland Act, it does not, because this violates the spirit of devolution. † More

† More

The Calman Commission

The Calman Commission was set up in 2007 to re-examine the devolutionary settlement 10 years on.  It was established at the behest of the pro-union opposition parties at the Scottish Parliament, and was a response to the SNP government’s ‘National Conversation’ paper designed to look at options for Scotland’s constitutional future—in particular, independence.

The Calman Commission’s final report was published in 2009.  It was not concerned with Scottish independence; it accepted the current division of powers and was only concerned with improving the current devolutionary relationship.  Key recommendations included:

• The reduction of income tax by 10p across all rates by the UK Treasury, with a corresponding reduction in the block grant from Westminster. Holyrood would then be given the power to make up the difference: they can choose to tax more or less.
• The Barnett formula should remain in place pro tem, as the Scottish Parliament still requires a grant from Westminster as many taxes are still not resolved or defined.

• Devolving to the Scottish Parliament a number of other taxes, such as the Stamp duty, aggregates levy and landfill tax.
• The devolution of powers to legislate on such matters as drink-driving, speeding limits and the running of Scottish elections.† More
  +

  The Calman Commission’s final report can be found here: http://www.commissiononscottishdevolution.org.uk/ 

  The Brown government has recently responded to the Calman report in a white paper, only ‘taking forward’ some of the Commission’s recommendations (such as the devolution of smaller taxes), but none of the white paper’s proposals were implemented before the general election. Government White Paper Scotland’s Future in the United Kingdom (Cmnd 7738, 2009)

  http://www.scotlandoffice.gov.uk/scotlandoffice/files/Scotland's%20Future%20in%20the%20United%20Kingdom.pdf 

  For background on the Calman Commission, see House of Commons Library Standard Note “The Commission on Scottish Devolution—The Calman Commission” http://www.parliament.uk/commons/lib/research/briefings/snpc-04744.pdf

  The current Scottish government’s ‘National Conversation’ website with its proposals for an independent Scotland can be found here: http://www.scotland.gov.uk/Topics/a-national-conversation

 

On St Andrew’s day, 30 November 2009, the Scottish government published a white paper on the constitutional future of Scotland, with independence as its favoured option.  In the view of the First Minister, Alex Salmond, independence is the only way that Scotland will be able to achieve its full economic potential and he has called for a referendum to be held in 2010 to decide the issue.  However the minority Scottish National party administration does not have enough support from opposition parties to ensure that a referendum is held in 2010.

Three other options are contained in the white paper:

• The present set up should remain
• Acceptance of the recommendations in the Calman Commission
• Further and more significant transfer of responsibilities from Westminster to Scotland.† More
  +

  The white paper -   Your Scotland, Your Voice: A National Conversation - can be accessed here http://www.scotland.gov.uk/Resource/Doc/293639/0090721.pdf

 

Wales

In the 1997 referendum, the Welsh electorate was asked simply if there should be a Welsh Assembly.  Of those who voted, 50.3% voted yes.  The Welsh National Assembly was accordingly established under the Wales Act 1998.

Composition

The composition of the unicameral Welsh National Assembly is determined by a proportional representation system (AMS).  There are 60 AMs (Assembly Members): 40 are elected by constituency vote and the remainder by party vote.  There is a fixed 4-year electoral term. † More

 

Under proportional representation no single party has gained a majority in the Assembly.  However, Welsh governments have been reasonably stable, aided by a four-year fixed parliamentary term.

The Welsh Assembly chooses a First Minister, who then appoints Assembly Ministers who make up the government.  Under the Government of Wales Act 2006, the maximum size of the government will be 14.  The Welsh government must retain the confidence of the majority of the National Assembly in order to govern.  There is a Welsh civil service, who are responsible to the Welsh executive.

Powers

Initially, under the Government of Wales Act 1998, the Welsh National Assembly had no power to make primary legislation: it could only enact secondary legislation via primary legislation made by the Westminster Parliament.

However, the 2006 Wales Act granted to the Welsh National Assembly the power to make ‘measures’, which are equivalent to primary legislation, on certain areas.  This power is far more narrowly defined than the power of the Scottish Parliament, but can be expanded by legislation passed in Westminster.† More

† More

 

The 2009 All Wales Convention

The All Wales Convention was set up by the governing coalition government of Labour and Plaid Cyrmu in 2007 to examine the state of the devolutionary settlement in Wales, and to determine public opinion on whether or not the National Assembly should be given greater law-making powers as in Scotland.

Some of the findings include:

• 72% of all Welsh people favoured the present devolutionary settlement or wanted more.
• However, there is limited knowledge about the Government of Wales Act 2006
• A ‘yes’ vote in a referendum for greater law-making powers is possible
• If a referendum is to be held before the 2011 Welsh election, a decision needs to be made by June 2010.† More
  +

  Under the Government of Wales Act 2006, a two-thirds majority of the Welsh National Assembly can vote for a referendum to acquire greater law-making powers.  Both Houses of Parliament would then need to endorse the holding of a referendum in Wales and determine the question to be put in the referendum. For the Convention’s report, see:http://allwalesconvention.org/getinformed/thereport/thereport/?lang=en

 

Northern Ireland

Devolution for Northern Ireland was a different matter: the Northern Irish Assembly was part of a broader attempt to bring to an end ongoing hostilities within Northern Ireland and more generally to end political violence caused by issues in Northern Ireland within the United Kingdom.  As part of the 1998 Good Friday Agreement, it was agreed that, amongst other things, a new Northern Ireland Assembly would be established, along with a power-sharing executive.

The Good Friday Agreement was ratified by referendums both in North Ireland and the Irish Republic.  In Northern Ireland, 71.1% of those participating voted in favour of the agreement; in the Irish Republic, 94.4% voted in favour of giving up territorial claims to Northern Ireland.  The Northern Ireland Assembly was established by the Northern Ireland Act 1998.

Composition

The composition of the Northern Ireland Assembly is determined by a proportional representation system (STV).  There are 108 MLAs (members of the Legislative Assembly), representing 18 constituencies. Each constituency is represented by 6 MLAs.  There is a fixed 4-year term.† More

However, the Assembly was suspended in 2002 when the key political parties were unable to work together.  When the Northern Ireland Assembly was suspended, executive functions were exercised by the Secretary of State for Northern Ireland—in short, there was direct rule of Northern Ireland again.  A transitional Assembly was convened in 2006 and the National Assembly re-established in 2007.

The Northern Irish government consists of a First Minister, a Deputy First Minister and 10 other Ministers.  There is a complex arrangement to ensure that power is shared between major political parties.  The First and Deputy First Minister are chosen by the Assembly, and must gain both a majority of the Assembly members voting, and a majority from both Nationalist and Unionist parties.  The First and Deputy First Ministers must act jointly in all matters.  Further, and unlike the other devolved regions, the 10 remaining ministerial positions are not chosen by the First and Deputy First Ministers, but instead allocated in proportion to the strength of the parties in the Assembly.  This in effect creates a ‘compulsory coalition’. † More

There is a Northern Irish civil service, which is responsible to the Northern Irish executive.

Powers

The allocation of powers to the Northern Ireland Assembly is somewhat complex. Under the Northern Ireland Act 1998, there are three categories of legislative powers:

• excepted matters, which can only be transferred by primary legislation at Westminster; but are envisaged to always be the responsibility of the UK Parliament
• reserved matters, which can be transferred by order, if there is cross-community consent
• transferred matters, which are the responsibility of the Assembly.

 

Excepted matters include:

• the Crown
• parliamentary elections, and Assembly elections including the franchise
• international relations
• defence of the realm
• nationality
• national taxation
• appointment and removal of judges
• registration of political parties
• national security
• nuclear energy and installations
• provisions dealt with in the Northern Ireland Constitution Act 1973
• the subject matter of the Northern Ireland Act 1998 with specified exceptions

 

Reserved matters include:

• criminal law
• policing
• prisons
• civil aviation
• the Post Office
• disqualification from membership of the Assembly
• emergency powers
• civil defence

 

Transferred matters include:

• finance and personnel
• health, social services and public safety
• education
• agriculture and rural development
• enterprise, trade and investment
• learning and employment
• regional development
• social development

 

In essence, the Northern Ireland Assembly has a similar broad set of legislative powers to the Scottish Parliament: but where it differs is in the matters currently reserved to Westminster—matters linked to social order, policing and criminal justice.  In addition, the Assembly cannot pass a law which discriminates on the basis of religious belief or political opinion.† More

The Barnett Formula

The devolved regions have few means of raising their own revenue. † More

Generally speaking, much funding for the devolved areas comes by block grant from Westminster, allocated in accordance with the ‘Barnett formula’.  In essence, the Barnett formula takes per capita spending levels in England as the baseline.  Where changes are made to spending levels in England, funding to the other three regions is changed accordingly.  The changes in per capita spending to the other three regions are made with the ultimate aim of bringing spending levels down to England’s level: historically, the three regions have received more public funding than England. † More

 

Many people are critical of the Barnett formula, including Lord Barnett, the Treasury official after whom the formula was named. Some of the problems with the Barnett Formula are:

• There is no reason why England should function as the baseline
• The formula is concerned with changes in the levels of public expenditure, not the levels themselves
• The formula takes no account of the actual needs of the regions; it may be that one region needs more public funds than another region
• The formula pits the devolved regions against the central government.  The devolved regions are not responsible for raising their own revenue and the formula ultimately aims to reduce the devolved regions’ per capita spending to the level of England.† More
  +

  Source: Anthony King The British Constitution (Oxford University Press, Oxford, 2007.  One frequently cited aspect of this is that per capita spending in Scotland is at least 15.8% higher than in England http://www.scotland.gov.uk/Publications/2006/12/11084016/9

 

A recent House of Lords select committee on the Barnett formula argued that while simple, stable and avoiding ring-fencing, the Barnett formula failed to take account of population change in the various regions, and thus was arbitrary and unfair.  Moreover, the Treasury, who administered the formula, was in effect a judge in its own cause.

The committee recommended that devolution funding should be based on relative need and that an independent body be established with the responsibility for making recommendations about the allocation of public monies based on population and a needs-based formula.† More

Practical Issues

It is probably still too soon to tell what practical issues may arise by reason of the creation of the devolved regions.  However, the recent case involving the decision by the Scottish justice secretary to release from prison convicted Lockerbie bomber, Abdelbaset Ali al-Megrahi, for the first time focused on the possibility that decisions taken in the devolved settlements might have wider implications for the United Kingdom as a whole.  From the international perspective at least, decisions of the Scottish executive are imputed to the United Kingdom as a whole, so that the al-Megrahi affair has foreign affairs ramifications for the UK despite arising technically in an area for which responsibility has been devolved (law and home affairs). 

From devolution to independence

Many regard devolution as the first step towards independence.  The Scottish National Party has made clear that it regards movement towards separation of Scotland from the rest of the UK as a legitimate and realisable goal.  Such separation would spell the end of the Union.  The Labour party has indicated that permitting a referendum on Scottish independence is a ‘possibility’ and the Liberal Democrats have also offered support to this proposition.  The Conservatives, remain opposed to independence and support the continuance of the United Kingdom in its current form.

History

The debate about transferring power from the central state to a sub national level in the United Kingdom is not new.  There was much debate about devolution at the beginning of the 20th century in relation to Ireland—this was the debate over ‘Home Rule’. Indeed, how to deal with Ireland, then entirely part of the United Kingdom, was the central political issue in early 20th century British politics.

The eventual partition of Ireland into the Irish Free State (later the Republic of Eire) and Northern Ireland, which remained part of the United Kingdom, ended with the establishment of a bicameral Parliament in Stormont, Belfast, in 1921. † More

† More

 

The Northern Ireland Parliament was an early example of devolved government. In practice, the Northern Irish Parliament was dominated by the Protestant majority in Northern Ireland.

The Northern Irish Parliament was suspended in 1972 in the face of increasing violence in the region, and direct rule by Westminster was imposed. From 1972 until 1999 Northern Ireland in effect was governed by the Secretary of State for Northern Ireland.  During this time legislation for Northern Ireland was enacted by Westminster.

There were other institutions in Westminster which recognised and acknowledged the United Kingdom’s multinational character.  For instance, Secretaries of State for Scotland, Wales and Northern Ireland were created over the 19th and 20th centuries to represent the three nations’ interests at Westminster; and so too with the Scottish, Welsh and Northern Irish grand committees in the UK Parliament.  All of these institutions, however, were ultimately responsible only to the UK Parliament.

Devolution became a national issue again in the 1970s.  The rise of nationalist parties in Scotland and Wales, the relative electoral success of the Scottish Nationalist Party in Scotland, and the weakness of its majority at Westminster, encouraged the Labour government to rethink devolution.  This ultimately led to referendums on devolution in both Scotland and Wales in 1979. Both failed. In Scotland, although 51.6% voted in favour of devolution, this only constituted 32.9% of all eligible electors.  A positive vote of 40% of all eligible electors was required to establish a devolved legislature.  In Wales, 80% voted against devolution.

The Labour Party committed itself to devolved government for the regions in its 1997 electoral manifesto.  After Labour came to power in 1997, referendums were held in Scotland, Wales and Northern Ireland. In each of those regions, the majority of those participating voted in favour of establishing devolved government.  All three regions now have legislatures elected by proportional representation.

 

The Campaign for an English Parliament

http://www.thecep.org.uk/wordpress/

 

English Parliament Online

http://www.englishparliament.net/

 

Institute for Public Policy and Research “Beyond the Constitution? Englishness in a Post-Devolved Britain”

http://www.ippr.org/publicationsandreports/publication.asp?id=590

 

The Scottish Independence Guide

http://www.scottishindependence.com/

Sources and further reading

Brigid Hadfield “The Territorial“ Vernon Bogdanor (ed) The British Constitution in the Twentieth Century (Oxford University Press, Oxford, 2003)

 

Robert Hazell The English Question (The Constitution Unit, UCL, 2006)

http://www.ucl.ac.uk/constitution-unit/publications/unit-publications/130.html

 

Anthony King The British Constitution (Oxford University Press, Oxford, 2007)

 

Rodney Brazier Constitutional Reform: Reshaping the British Political System (third edition, Oxford University Press, Oxford, 2007)

 

Constitution Unit: Devolution Monitoring Reports

http://www.ucl.ac.uk/constitution-unit/research/devolution/devo-monitoring-programme.html

 

House of Commons Library Research Paper “An Introduction to Devolution in the UK”

http://www.parliament.uk/commons/lib/research/rp2003/rp03-084.pdf

 

House of Commons Library Standard Note “The UK Devolved Legislatures: Some Comparisons between Their Powers and Work”

http://www.parliament.uk/commons/lib/research/briefings/snpc-04505.pdf

 

House of Commons Library Standard Note “Concordats and Devolution Guidance Notes”

http://www.parliament.uk/commons/lib/research/briefings/snpc-03767.pdf

 

House of Commons Library Standard Note “The Sewell Convention”

http://www.parliament.uk/commons/lib/research/briefings/snpc-02084.pdf

 

House of Commons Library Standard Note “The West Lothian Question”

http://www.parliament.uk/commons/lib/research/briefings/snpc-02586.pdf

 

House of Lords Select Committee on the Barnett Formula

http://www.publications.parliament.uk/pa/ld200809/ldselect/ldbarnett/139/139.pdf

 

Key Websites

Government Offices for the English Regions

http://www.gos.gov.uk/national/ 

 

The Devolved Legislatures

Scotland

Scottish Parliament

http://www.scottish.parliament.uk/

 

Scottish Government

http://www.scotland.gov.uk/Home

 

Secretary of State for Scotland/The Scotland Office

http://www.scotlandoffice.gov.uk/scotlandoffice/CCC_FirstPage.jsp

 

The Commission on Scottish Devolution (the Calman Commission)

http://www.commissiononscottishdevolution.org.uk/

 

Wales

Welsh Assembly

http://www.assemblywales.org/

 

Welsh Assembly Government

http://wales.gov.uk/?lang=en

 

Secretary of State for Wales/The Wales Office

http://www.walesoffice.gov.uk/ 

Northern Ireland

Northern Ireland Assembly

http://www.niassembly.gov.uk/

 

Northern Ireland Executive

http://www.northernireland.gov.uk/

 

Secretary of State for Northern Ireland/The Northern Ireland Office

http://www.nio.gov.uk/