20 years of devolution

Scottish Parliament

The Scotland Act 1998 section 1(1) states - "There shall be a Scottish Parliament."

The newly created Scottish Parliament was formally opened by HM The Queen on 12 May 1999 and the Parliament assumed its legislative powers on 1 July 1999.  It was the first time since March 1707 that Scotland had its own Parliament.  The creation of the Parliament resulted from demands for constitutional change that went back as far as the mid 19th century.

Further demands for constitutional change
continue to exist such as the movement for Scottish independence which regards the 2014 Independence Referendum as a setback and not a final answer.  This is particularly the case following the 2016 EU Referendum in which Scottish voters clearly stated a wish to remain in the European Union - 62% remain to 38% leave with a turnout of 67.2%.  There appears to be no reason to believe that this view has changed since 2016.

Devolution of power from Westminster to Edinburgh also saw the creation of a Scottish Administration - later renamed Scottish Government.

The power devolved to Scotland was not absolute.  The 1998 Act provides for Reserved Powers and prevents the Scottish Parliament legislating in relation to those powers.   In particular, international relations (including relations with the European Union) are reserved to London.   Brexit has had a huge and disruptive impact on devolution. It has created great tensions between the different parts of the UK about the future relationships between the UK and EU, and between central and devolved governments.

Furthermore, even in relation to devolved areas, the UK Parliament did not give up its right to legislate for Scotland, Wales or Northern Ireland.  The so-called Sewel Convention stated that Westminster would not normally legislate in devolved areas without the consent of the devolved Parliament or Assembly.

The fundamental purpose of the Sewel Convention is to ensure that devolution works in a manner that respects the roles of the UK Parliament and the devolved legislatures. The convention takes its name from a statement that was made by Lord Sewel during a Parliamentary debate about (what became) the Scotland Act 1998, when he said: “as happened in Northern Ireland earlier in the century, we would expect a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish parliament”

The Convention now has statutory form - Scotland Act 2018 s.28(8) - '..... it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.'

The Supreme Court ruled, in 2017, that since Sewel remains just a political convention, “policing the scope and manner of its operation does not lie within the constitutional remit of the judiciary”.

Devolution also came to Wales and Northern Ireland but the story of devolution is different in each part of the UK.   The devolved institutions in Scotland, Wales and Northern Ireland are now established as permanent features of the UK constitution. There is no serious appetite for devolution to be abolished. This was not always guaranteed, particularly in Wales, but by 2011 almost two-thirds voted in favour of full legislative powers for the Welsh Assembly. In Northern Ireland, despite the repeated collapse of power sharing, devolved government remains far the most popular constitutional option.

On 4 May 2019, the Institute for Government published a report marking 20 years of devolution - Devolution at 20.  Here is a comprehensive analysis of how devolution has worked in the UK.  It argues that devolution has been a qualified success in its first two decades. Devolution has allowed greater democratic expression and policy innovation in all three nations but the report also identifies big challenges for the future of devolution.

'There has been too little consideration of the future of the UK as a whole while devolution has advanced in different parts of the country.  The lack of guiding principles has led to disagreement about the post-devolution constitution.  Brexit has made it more urgent that governments and political parties address these big questions be addressed by the governments and political parties.'

Principal Devolution Legislation:

Scotland	Scotland Act 1998 Scotland Act 2012 Scotland Act 2016	2012 Act mdke changes to the devolution settlement for Scotland and gives effect to many of the recommendations as set out in the Commission on Scottish Devolution’s (Calman Commission) final report, Serving Scotland Better: Scotland and the United Kingdom in the 21st Century published in June 2009. The Scotland Act 2016 delivered the Smith Commission Agreement, which was published in November 2014 having been agreed by all the political parties in Scotland.
Wales	Government of Wales Act 1998 Government of Wales Act 2006 Wales Act 2017	Explanatory Notes The Wales Act 2017 implements those elements of the St David’s Day agreement which required legislative changes. It is aimed at creating a clearer and stronger settlement in Wales which is durable and long-lasting.
Northern Ireland	Northern Ireland Act 1998

Reading:

Brexit: Devolution and legislative consent

BRIEFING PAPER Number 08274, 29 March 2018 Brexit: Devolution and legislative consent

Media:

ITV News - Queen hails 'remarkable' Scottish Parliament as it marks 20 years of devolution

Websites:

Scottish Parliament
Scottish Government

National Assembly for Wales
Welsh Government

Northern Ireland Assembly
Northern Ireland Executive