Introduction to Devolution
Devolution and
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Understanding Devolution in the UK: Powers & Differences of Regional Governments, Study notes of Law
An introduction to devolution in the UK, explaining the distinct legislatures and governments in Scotland, Wales, and Northern Ireland, their policy areas, and the history of devolution. It also discusses how devolution works, the role of the One Civil Service and Territorial Offices, and the key differences between the UK Government and the devolved administrations.
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Introduction to Devolution
Devolution and
Devolution and You
Devolution and
Devolution and You
What is devolution?
Devolution is about the transfer of power by a central government to local or regional administrations. Devolution is not new. There have been different forms of devolution in the UK for decades and it is common in other parts of the world. Today, it means that there are distinct legislatures and governments in Scotland, Wales and Northern Ireland, which have powers over a range of policy areas which had previously been the preserve of the UK Government.
Each devolved legislature has its own unique devolution settlement, which are established and expanded through Acts of UK Parliament and which set out the legislative competence of devolved bodies; in other words the policy areas for which they are responsible. The UK Government has also developed a different system of decentralisation within England, which does not involve distinct legislatures.
Legislature Government UK Parliament UK Government Scottish Parliament Scottish Government National Assembly for Wales Welsh Government Northern Ireland Assembly Northern Ireland Executive
When to use this Introduction What is devolution? What does it mean in practice? How do the four governments of the UK work together? What do I need to know? If these are questions you find yourself asking, then this guide is for you!
This Introduction aims to upskill civil servants, whether working in the UK Government or one of the devolved administrations, on the governance structures of the United Kingdom and how to navigate them. This knowledge is an integral component of every civil servant’s brief. If you have already read our devolution factsheet and postcard overview of devolved and reserved powers but require further information, this Introduction is an effective next step. It is particularly well suited to new starters.
It forms part of the cross-government Devolution and You programme which offers devolution learning and support across the civil service.
What is in this Introduction This Introduction will give you an overview of the current devolution landscape in the UK and how to operate within it. This will include information about the distribution of power and responsibility across the UK, as well as the formal structures in place to facilitate positive intergovernmental working. Three devolution practitioner profiles will put much of this detail and advice into context. Finally, a glossary, acronym guide, further resources and points of contact pages make up a concluding reference section.
How to use this Introduction This initial devolution guide will be a springboard to other resources and a reference tool, so that civil servants know who to go to when they identify particular challenges or opportunities in the devolution space. Do keep it on your desk or Desktop, refer to it regularly and make it available to colleagues.
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History Northern Ireland
Northern Ireland was self-governing, with its own Parliament, between 1921 and 1972 when Direct Rule was introduced. The Belfast (Good Friday) Agreement of 1998 provided for a Northern Ireland Assembly and a power- sharing Executive. The Northern Ireland Executive has its own Civil Service which is separate to that of the other governments of the UK.
Legislative Competence
The Northern Irish devolution settlement differs in some respects from those of the other devolved administrations. The Assembly can in principle also legislate in respect of ‘reserved’ matters subject to various consents, but cannot legislate on ‘excepted’ matters. The settlement includes powers over justice, social security and energy, although nuclear energy remains a UK Government matter.
Northern Ireland Assembly
The Assembly sits in Parliament Buildings, Stormont, and consists of 90 Members of the Legislative Assembly (MLAs). Five MLAs are elected from each of 18 constituencies using the single transferable vote system.
Northern Ireland Executive
The Northern Ireland Executive is a mandatory coalition of parties which is chaired jointly by the First Minister and deputy First Minister. Currently, the First Minister, deputy First Minister and eight Executive Ministers are nominated by the political parties in the Assembly in accordance with procedures set out in the Northern Ireland Act. The composition of the Executive will reflect the relative strength of each party in the Assembly.
England
History
The current phase of English devolution started with the Greater Manchester Agreement in 2014, which was the first ‘devolution deal’ to give powers and funding to Combined Authorities. Further deals have followed on a case-by-case bespoke basis, as opposed to a one-size- fits-all approach across the whole country.
Remit
Each combined authority has a remit differing in size and scope. To date, typical powers for mayoral devolution deals include: additional investment funding of between £15m and £36.5m per year for 30 years; devolved multi- year transport budgets; some include strategic planning and housing powers; devolved adult education budget funding; and greater local influence on employment support.
London Assembly
The London Assembly predates the current phase of English Devolution. It was established in 2000 and sits in City Hall. It is made up of 25 Assembly Members and has the ability to amend the Mayor’s budget and reject their strategies, as well as make proposals on a number of issues such as transport and environment.
Mayors
Directly elected mayors, often one of the newly elected Metropolitan Mayors, represent various regions of England: Cambridgeshire and Peterborough, Greater Manchester, the Sheffield City Region, the Liverpool City Region, the Tees Valley, the West of England and the West Midlands.
Devolution across the UK
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Scotland
History
The 1707 Acts of Union, which dissolved the Parliaments of England and Scotland and established a Parliament of Great Britain, made provision for the protection and retention of distinct legal and social institutions in Scotland – namely Scots Law and the Church of Scotland. Administrative devolution has existed in Scotland from the 1800s, leading to further distinctions in areas such as education, agriculture and health. In 1997 74% of the electorate in Scotland voted to establish a Scottish Parliament with a range of devolved powers.
Legislative Competence
Since the Scotland Act 1998, the Scottish devolution settlement has functioned using a reserved powers model. The Scotland Act 2016 devolved further significant powers to the Scottish Government, including over elements of tax and welfare.
Scottish Parliament
The Scottish Parliament sits in Holyrood, Edinburgh and is made up of a single chamber with 129 Members of the Scottish Parliament (MSPs). They are elected on four-yearly-terms through mixed-member proportional representation.
Scottish Government
The Scottish Government is led by a First Minister who may, with the approval of the Scottish Parliament, appoint Cabinet Secretaries (Senior Ministers), Ministers (Junior Ministers) and Law Officers to lead on devolved portfolios. The Scottish Government has its headquarters in Edinburgh, with a further 11500 staff working in in other bodies across Scotland and at key International Hubs around the world. Civil Servants working for the Scottish Government and its agencies are members of the UK Civil Service, who are headed by a single Permanent Secretary and are bound to serve Scottish Ministers.
Wales
History
In 1997 50.3% of Wales voted for the creation of a devolved National Assembly for Wales, brought about by the Government of Wales Act 1998. Following the Government of Wales Act 2006, the assembly gained the ability to pass primary legislation. The Wales Act 2017 changed the model of Welsh devolution and devolved more powers to the Assembly and the Welsh Government.
Legislative Competence
The Wales Act 2017 devolved further legislative competence and new executive powers over a number of policy areas. In addition, as a result of the Wales Act 2014 and 2017, the Welsh Government and the Assembly took on tax raising powers in April 2018 and the Welsh Government will take on new powers over income tax in 2019.
National Assembly for Wales
The National Assembly for Wales is made up of a single chamber with 60 Assembly Members (AMs). These are elected on five-year terms, through mixed-member proportional representation. There has to be a two- thirds majority within the Assembly for any changes to the electoral system.
Welsh Government
The Government of Wales Acts provide for the Welsh Government to consist of a First Minister, up to twelve other Ministers and a Counsel General. The Government is based principally in Cardiff but has offices across Wales and a civil service of around 5,000, led by a Permanent Secretary.
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Reserved
Northern Ireland, Scotland and Wales
Also reserved in Northern Ireland
Also reserved in Scotland
Also reserved in Wales
The constitution Nuclear energy Employment law Employment law Foreign affairs Prohibited weapons
Cross-border rail Cross-border rail
Defence and national security
Energy Energy
Nationality, immigration and asylum
Social security* Social security
Macroeconomic and fiscal matters
Genetics, surrogacy, medicines, embryology
Abortion, genetics, surrogacy, medicines, embryology Financial services and pensions regulation
Equal opportunities* Equal opportunities*
International trade and financial markets
The Civil Service The Civil Service
International development
Postal services
Elections to UK and European Parliaments
Justice and policing
National Minimum Wage Charity law Competition Intellectual property *except elements devolved by Scotland Act 2016
*except elements devolved by Wales Act 2017
Below is a high level summary of which powers are reserved in each part of the UK. Remember that the devolution settlements are unique and can sometimes be complex.
Understanding the detail of the devolution settlements and how they function in practice is made all the more important since elements of one policy area can be reserved while others are devolved, or a policy area may be reserved, but aspects of how it is delivered are devolved. Moreover, concurrent powers are those which see a shared responsibility between the UK Government and a devolved administration, meaning they can both pass secondary legislation in a certain policy area.
Navigating the Devolution
Landscape
The One Civil Service and Northern Ireland Civil Service
Officials working for the governments of the UK, Scotland and Wales are part of the same One Civil Service organisation and share the same culture and values as set out in the Civil Service Codes. The Northern Ireland Civil Service is a separate organisation but shares the same culture and values as the One Civil Service, as set out in their own Civil Service Code. These common values make it easier for civil servants from across administrations to work together, and regular contact will improve your understanding of devolution and how it affects your work area
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Working with the devolved administrations
The most immediate difference between the UK Government and the devolved administrations is size. Each devolved administration employs fewer civil servants than the UK Government. This often means that individual civil servants in the devolved administrations, especially in the policy-making space, will cover larger and more varied portfolios. It is important to bear this in mind when collaborating across administrations. Furthermore, the responsibilities of directorates in each administration will not necessarily correspond directly to similar directorates in the other administrations. Designated intergovernmental relations teams in each administration are the first point of contact for civil servants looking for points of contact or administration-specific information.
The Sewel Convention and Legislative Consent Motions (LCMs)
The Sewel Convention applies when the UK Parliament legislates on a matter within the devolved competence of the Scottish Parliament, National Assembly for Wales or Northern Ireland Assembly. Under the terms of the Convention, the UK Parliament will “not normally” do so without the relevant devolved institution having passed a legislative consent motion. The elected members of devolved legislatures indicate whether they are collectively content for the UK Parliament to pass a law on devolved matters by voting either for, or against, an associated legislative consent motion.
Working with the UK Government
Since the UK Government functions through separate departments, internal processes can take a long time. This applies particularly to the collective agreement process which stipulates that new legislation, policies and consultations must have approval from all members of Cabinet subcommittees, but also applies more generally to clearance, information sharing and agreement processes.
Each UK Government department has a devolution coordinator , often supported by larger devolution teams , who provide good advice on how devolution affects a UK Government department’s work, support intergovernmental collaboration and build devolution understanding internally. They are extremely useful sources of information and guidance both for UK Government and devolved administration civil servants.
Finally, the Territorial Offices are UK Government departments which are invaluable in helping the UK Government to understand the detail of the devolution settlements, and how to take forward policies with another administration. They are the Office for the Secretary of State for Scotland , Office of the Secretary of State for Wales and the Northern Ireland Office. They represent the UK Government in the devolved nations and the devolved nations in the UK Government. The Office of the Advocate General for Scotland provides legal advice to the UK Government in relation to Scotland and Scots Law.
“Within the UK Government, the Secretaries of State for Scotland, Wales and Northern Ireland are responsible for ensuring that the interests of those parts of the UK in non-devolved matters are properly represented and considered.” (Memorandum of Understanding – see page 12)
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Taking account of devolution in your day-to-day work
You need to be aware of how devolution affects the policies you work on or the public services you manage. First and foremost, it is vital to be aware of the territorial extent of your work, in other words in which parts of the UK it will apply. To understand this you will need to take into account legal jurisdiction, as well as whether a subject is devolved or reserved. For example, you may be working on a policy that has an effect in England only, England and Wales, across Great Britain (England, Wales and Scotland) or UK- wide. Other territorial extents are possible.
Having clarified territorial extent, you will then need to understand implications for your policy on parts of the UK where the policy does not directly apply and whether communication or coordination with other administrations will be necessary going forward.
Policy making
Communication, collaboration and coordination are particularly important if you are designing new policy. If you are working on a policy-area that is devolved, you have a good opportunity to learn from different approaches taken in other parts of the UK and can share learning about common problems. The Devolution and You policy toolkit is an indispensable aide for policy professionals who come into contact with devolution as part of their work.
Policy delivery
Even if the policy itself sits in a devolved or reserved area, its implementation may be carried out by the UK Government, devolved administrations or both. You may need to work with one or more of the other administrations of the UK to successfully implement your policy or deliver your service. Even if policies diverge, it may make sense to engage with the other governments of the UK for advice and support in their implementation.
“The administrations recognise the importance of co-operation across a range of areas.” (Memorandum of Understanding)
“The administrations will aim to provide each other with as full and open as possible access to scientific, technical and policy information including statistics and research .” (Memorandum of Understanding)
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Memorandum of Understanding (MoU)
The MoU between the UK Government and the devolved administrations in Scotland, Wales and Northern Ireland was first agreed in 2001 and most recently updated in October 2013. It sets out the principles which support relations between these administrations. The MoU puts emphasis on the principles of good communication, consultation and cooperation.
The MoU also has a number of Concordats between the UK Government and the devolved administrations. These recognise the interests of the latter in international and European Union relations (matters which remain the responsibility of UK Government), and set out working arrangements.
The UK Government and devolved administrations are currently undertaking a review of the intergovernmental relations, including this MoU, in light of the UK’s exit from the EU.
Working together
Joint Ministerial Committee (JMC)
The MoU makes provision for the JMC, a committee structure for intergovernmental relations. Its purpose is to enable Ministers from the UK Government and the devolved administrations to engage effectively with each other. The terms of reference are:
- to consider non-devolved matters which impact on devolved responsibilities, and devolved matters which impact on non-devolved responsibilities;
- where the UK Government and the devolved administrations agree, to consider devolved matters if it is beneficial to discuss their respective treatment in different parts of the UK;
- to keep intergovernmental arrangements under review;
- to consider disputes between the administrations.
The JMC meet in different formats. It currently meets in the following formats:
- JMC(Plenary) – chaired by the Prime Minister with the First Ministers of the devolved administrations, including the deputy First Minister of Ireland. It should meet at least annually.
- JMC(Europe) – chaired by the Minister of State at the Department for Exiting the EU. It meets quarterly ahead of the European Council to discuss ongoing EU business.
- JMC(EU Negotiations) – chaired by the Chancellor of the Duchy of Lancaster. It meets at regular intervals to facilitate political engagement and collaboration between the UK Government and the devolved administrations on EU Exit.
- Ministerial Forum (EU Negotiations) – joint chaired by the Minister for the Constitution and Parliamentary Under-Secretary of State for Department for Exiting the EU. This additional forum was established in 2018 to further discuss EU negotiation positions.
- JMC(Officials) – sees officials from the four administrations shadow the JMC and prepare for its meetings.
1010 Devolution and You
Devolution and You The Devolution and You programme began in 2015 and is designed to improve devolution capability across the One Civil Service.
Learning We provide a wide range of training for civil servants. There is an online module , available through CS Learning called Devolution and Intergovernmental Working. It is an ideal place to start if you are new to the civil service or to devolution roles. We also have a high-level devolution factsheet and postcard overview of devolved and reserved powers , as well as an in-depth policy toolkit for policy professionals. There is information on devolution on gov.uk including Devolution Guidance Notes, technical notes on topics such as ministerial accountability and handling correspondence.
Interchange There is also a cross-administration Interchange scheme which gives civil servants from the One Civil Service and Northern Ireland Civil Service the opportunity to shadow colleagues in other administrations, meet counterparts and share best practice. The main scheme takes place during three weeks each year: the UK Government, the Welsh Government and the Scottish Government all host a week each. Additionally, informal or specialist interchange schemes are being developed across the One Civil Service. If you are interested in applying to take part in one of these weeks please email one of the Interchange Managers: UK Government - [email protected] Scottish Government - [email protected] Welsh Government: [email protected] Northern Ireland Civil Service: [email protected]
Links Devolution, GOV.UK https://www.gov.uk/topic/government/devolution
Devolution: Guidance for all Civil Servants https://www.gov.uk/government/publications/devolution-guidance-for-civil-servants/ devolution-guidance-for-civil-servants
Scotland Act 2016 - legislation setting out amendments to the Scotland Act. http://www.legislation.gov.uk/ukpga/2016/11/pdfs/ukpga_20160011_en.pdf
Wales Act 2017 - legislation setting out amendments to the Government of Wales Act
- http://www.legislation.gov.uk/ukpga/2017/4/pdfs/ukpga_20170004_en.pdf
Northern Ireland Act 1998 – legislation which built on the Belfast (Good Friday) Agreement of 1998. https://www.legislation.gov.uk/ukpga/1998/47/contents
Devolution Memorandum of Understanding and Supplementary Agreement, September 2012 https://www.gov.uk/government/publications/devolution-memorandum-of-understanding- and-supplementary-agreement
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Where to find out more
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Department for Business, Energy and Industrial Strategy
Jeremy Martin [email protected]
Ministry of Housing, Communities and Local Government
Siobhan Smyth [email protected]
Department For International Development Steven Roddie [email protected]
Department for Environment Food and Rural Affairs
Ruth Cox [email protected]
Department for Exiting the European Union Siân Parkinson [email protected]
Department for Digital, Culture, Media and Sport
Department for Transport Andy Robinson [email protected]
Department of Health and Social Care Alison Raw [email protected]
Department for Work & Pensions Richard Poureshagh [email protected]
Department for Education Richard Hoy [email protected]
Foreign and Commonwealth Office [email protected]
Her Majesty’s Revenue & Customs Paul Stansfield [email protected]
Her Majesty’s Treasury Claire Brook [email protected]
Home Office Grant Oliver [email protected]
Ministry of Defence Carolyn Kemp [email protected]
Ministry of Justice Geraint Davies [email protected]
Attorney General’s Office Francesca Debenham
[email protected]. gov.uk Department for International Trade Saffy Hussain [email protected]
Cabinet Office UK Devolution Strategy
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UK Government Departmental Devolution Coordinators
Points of contact
Scottish Government
Constitution and UK Relations Division Alison Morris – [email protected]
Welsh Government
Constitutional Affairs and Inter-Governmental Relations Owen Davies – [email protected]
Northern Ireland Executive
The Executive Office Conor McParland - [email protected]
UK Government
Northern Ireland Office Karen McNeill - [email protected]
UK Governance Group Constitution Group, Cabinet Office [email protected]
Office of the Secretary of State for Scotland [email protected]
Office of the Secretary of State for Wales Jeff Lloyd - [email protected]
Office of the Advocate General for Scotland [email protected]
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Devolution Practitioner
Profile
Director: Office for the Secretary
of State for Scotland
Gillian McGregor
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What role do devolution and intergovernmental relations play in your day-to-
day work?
These are absolutely central to my day to day work. Our Department has an absolute commitment to ensuring that the devolution settlement is respected across Whitehall and we have an important role to play in ensuring that Whitehall departments engage with the Scottish Government on policies and legislation, including as we navigate the complexities of EU Exit. It’s vitally important that we maintain strong intergovernmental relationships and really understand the devolved dimensions of UK Government policy even when (or perhaps especially when) it is not immediately obvious.
Top tips for effective intergovernmental working:
- Spend time cultivating relationships – when possible, face-to-face meetings build mutual trust.
- Don’t just wait for a crisis to get in touch – regular communication, even when there is nothing particular to say, pays dividends.
- Concentrate on the outcome you want to achieve – there is always common ground between us despite the differences politically.
What does your day-to-day work involve?
I divide my working week between our two offices in Edinburgh and London. Most days involve meetings on corporate issues such as finance, staffing and business planning. When in London I can expect to spend a fair bit of time with Ministers and colleagues in other departments. EU Exit is our main focus and how that impacts on Scotland, but we have other important work to deliver, for example on City Deals. I spend as much time as I can engaging with stakeholders in Scotland and colleagues in the Scottish Government. No two days are the same!
Who do you work with, and on what issues?
Scottish Government on EU Exit issues and City Deals (where we have a joint Delivery Board). Our Office is part of the wider UK Governance Group and these relationships (with Constitution Group, Office of the Secretary of State for Wales, the Northern Ireland Office and the Office of the Advocate General) are very close. In addition I have networks across most of the major UK Government departments including Number 10, Cabinet Office, DExEU, BEIS, Defra, DIT and many others! I also work closely with stakeholders in Scotland including business, local authorities and our network of 27, UK Government civil servants who live and work in Scotland.
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Devolution Practitioner
Profile
Policy Adviser, Constitutional Affairs:
Welsh Government
Owen Davies
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Top tips for effective intergovernmental working:
- Relationships – if you are developing a policy or piece of legislation which may impact on or be of interest to another administration, take the time to identify the relevant officials and make contact with them.
- Communication – having identified the relevant counterparts in other administrations, keep them informed about what you are doing, the progress you are making, and what if anything you might need from them. If you do need input from another administration, make sure you build in enough time for meaningful engagement.
- Trust – we all work for different governments of different political colours and that can make it difficult to share information, but that doesn’t have to prevent things being shared confidentially, and doing so will usually be of mutual benefit.
What does your day-to-day work involve?
I lead a team with responsibilities in two main areas – constitutional matters and intergovernmental relations. Constitutional matters include advising on the devolution settlement and on broader constitutional matters, including the constitutional implications of EU exit, and also overseeing the Welsh Government’s role in legislative consent for parliamentary Bills. Intergovernmental relations includes leading on the overall Joint Ministerial Committee (JMC) structures, with specific responsibility for JMC (Plenary) and JMC (Officials), leading on matters relating to the British-Irish Council, and providing day to day advice on intergovernmental matters.
What role do devolution and intergovernmental relations play in your day-to-
day work?
Devolution and intergovernmental relations are the core of the team’s day to day work, as set out above.
Who do you work with, and on what issues?
Our main points of contact in UK Government are the Cabinet Office and the Office of the Secretary of State for Wales. The Cabinet Office is our main contact on intergovernmental matters, particularly the JMC, the Office of the Secretary of State for Wales is our contact on UK primary legislation matters, and we deal with both Cabinet Office and Office of the Secretary of State for Wales on broader constitutional issues. We also work very closely on intergovernmental relations with the Scottish Government and the Northern Ireland Executive: for example the four administrations come together to form a joint virtual Secretariat for the Joint Ministerial Committee.