6.3 The relationship between devolved governments and Westminster

The relationship between devolved governments and Westminster is a complex balancing act. It involves maintaining national unity while respecting regional autonomy. This dynamic shapes how power is distributed, decisions are made, and conflicts are resolved across the UK.

Devolution has transformed Westminster's role and sparked debates about fairness and representation. It's created challenges in policy coordination but also opportunities for innovation. Understanding these relationships is key to grasping how the UK's multi-layered system of government functions.

Devolved Governments vs Westminster

Constitutional Principles Governing Relationships

Top images from around the web for Constitutional Principles Governing Relationships

• 

  Federalism: Basic Structure of Government | United States Government View original

  Is this image relevant?

• 

  The British Political System - lernen mit Serlo! View original

  Is this image relevant?

• 

  Should a UK wealth tax be devolved? - Economics Observatory View original

  Is this image relevant?

• 

  Federalism: Basic Structure of Government | United States Government View original

  Is this image relevant?

• 

  The British Political System - lernen mit Serlo! View original

  Is this image relevant?

1 of 3

Top images from around the web for Constitutional Principles Governing Relationships

• 

  Federalism: Basic Structure of Government | United States Government View original

  Is this image relevant?

• 

  The British Political System - lernen mit Serlo! View original

  Is this image relevant?

• 

  Should a UK wealth tax be devolved? - Economics Observatory View original

  Is this image relevant?

• 

  Federalism: Basic Structure of Government | United States Government View original

  Is this image relevant?

• 

  The British Political System - lernen mit Serlo! View original

  Is this image relevant?

1 of 3

• Parliamentary sovereignty remains paramount allowing Westminster to legislate on any matter including devolved issues
  • Convention dictates Westminster typically does not legislate on devolved matters without consent
• Sewel Convention stipulates Westminster will not normally legislate on devolved matters without devolved legislature consent
  • Now statutory under Scotland Act 2016
• Reserved powers explicitly retained by Westminster while devolved powers transferred to regional governments
  • Creates complex system of shared and separate competencies (foreign affairs reserved, education devolved)
• Doctrine of legislative competence limits devolved institutions to legislating only on matters within devolved powers
  • UK Supreme Court serves as ultimate arbiter of disputes
• Fiscal frameworks govern financial relationships between Westminster and devolved administrations
  • Includes mechanisms like Barnett Formula for allocating funding to devolved nations
• Principles of subsidiarity and parity of esteem underpin devolution
  • Promotes decision-making at most local level possible (local councils for community issues)
  • Encourages mutual respect between governments (regular intergovernmental meetings)

Power Distribution and Limitations

• Reserved powers model defines specific powers retained by Westminster
  • Includes defense, foreign affairs, immigration (UK-wide border control)
• Devolved powers transferred to regional governments vary by nation
  • Scotland has more extensive powers (control over income tax rates) than Wales or Northern Ireland
• Legislative competence doctrine enforced through legal challenges
  • Supreme Court ruled against Scottish Parliament's EU Continuity Bill in 2018
• Fiscal devolution differs across nations
  • Scotland has power to vary income tax rates, while Wales has more limited tax powers
• Intergovernmental agreements supplement legal frameworks
  • Fiscal Framework agreements outline funding arrangements and tax powers

Intergovernmental Cooperation and Conflict

Formal Cooperation Mechanisms

• Joint Ministerial Committee (JMC) serves as primary forum for coordination and consultation
  • Meets in various formats (plenary, EU negotiations) to discuss shared concerns
• Memoranda of Understanding and concordats establish agreed working practices
  • Set protocols for communication between Westminster and devolved governments (information sharing procedures)
• Bilateral agreements set out specific arrangements for cooperation
  • Fiscal frameworks detail funding allocations and tax powers (Scottish Fiscal Framework)
• British-Irish Council facilitates cooperation between UK, Irish, and devolved governments
  • Discusses shared policy challenges (environmental protection, transport links)
• Interparliamentary forums enable dialogue between legislatures
  • Interparliamentary Forum on Brexit allowed information sharing during EU exit process

Conflict Resolution Processes

• Dispute resolution mechanisms provide formal processes for addressing disagreements
  • JMC dispute avoidance and resolution protocol outlines steps for conflict resolution
• UK Supreme Court plays crucial role in resolving constitutional disputes
  • Ruled on legislative competence issues (Scottish Continuity Bill case)
• Political negotiations often precede formal dispute resolution
  • Ministers engage in bilateral talks to resolve issues before escalation
• Intergovernmental relations review initiated to improve cooperation
  • Aims to strengthen dispute resolution mechanisms and increase transparency

Devolution's Impact on Parliament

Westminster's Changing Role

• West Lothian Question highlights asymmetry in voting rights
  • Scottish MPs can vote on England-only matters, while English MPs cannot vote on devolved Scottish issues
• English Votes for English Laws (EVEL) introduced as procedural response
  • Altered legislative process for England-only bills (separate consent from English MPs)
• Reduction in Westminster legislation relating to devolved matters
  • Shifted focus towards reserved issues and England-only legislation
• Evolution of Westminster's scrutiny function
  • Select committees now examine territorial impact of UK-wide policies (Scottish Affairs Committee)
• Westminster's sovereignty allows legislation on devolved matters
  • Political constraints and Sewel Convention limit this power in practice (rarely used without consent)

Fiscal and Constitutional Implications

• Devolution of tax-raising powers impacted Westminster's fiscal dominance
  • Necessitated new mechanisms for fiscal coordination (Framework for Tax)
• Brexit highlighted Westminster's ultimate authority in international affairs
  • Exposed tensions in devolution settlement regarding repatriation of EU powers
• Calls for constitutional reform to address devolution's impact
  • Proposals for federal systems or written constitution to clarify relationships

Policy Coordination Across the UK

Challenges of Policy Divergence

• Policy divergence in devolved areas presents challenges for UK-wide coherence
  • Different approaches to health (prescription charges abolished in Wales, not in England)
  • Varied education systems (different qualification frameworks across nations)
• Cross-border cooperation required in shared policy areas
  • Environmental protection spanning national borders (river basin management)
  • Infrastructure development connecting multiple nations (HS2 rail project)
• Brexit necessitated new frameworks for UK-wide policy coordination
  • Common frameworks developed for areas previously governed by EU law (food safety, air quality)
• Fiscal devolution creates potential for tax competition between nations
  • Requires careful management to avoid negative economic consequences (race to the bottom on tax rates)

Opportunities for Collaboration

• Shared policy challenges offer opportunities for collaborative policymaking
  • Climate change initiatives (joint commitments to emissions reduction targets)
  • Pandemic response coordination (vaccine procurement and distribution)
• Policy innovation and tailored approaches possible through devolution
  • Scotland's different approach to higher education funding (no tuition fees for Scottish students)
  • Wales pioneering wellbeing of future generations legislation
• Balancing policy autonomy with UK-wide standards remains ongoing challenge
  • Professional qualifications recognition across internal borders
  • Maintaining coherent trade policy while respecting devolved competencies