Local Government In
England:
- 55 unitary authorities responsible for a full range of services
- 27 county councils responsible for some local services e.g education
- 201 districts responsible for some local services
- 36 metropolitan branch councils responsible for local services in other areas.
What
Did Bogdanor Say:
- States that the UK has a quasi-federal state where it retains some features of a federal state and some of a unitary state
- AV Dicey argues that there is no halfway house between Parliamentary Sovereignty and separatism.
Features
Of A Quasi-Federal State:
- Limited Parliamentary Sovereignty: In legal terms, Westminster is sovereign because it can overturn or abolish bills in the devolved bodies but, it does not have unlimited power. The Scotland Act of 2016 ensured that Westminster must get consent from Scotland before legislating. Also constrains Parliamentary Sovereignty by stating that devolution can be overturned by a referendum.
- Quasi-Federal Parliament: Westminster is an English Parliament that makes domestic law in England but it is a federal Parliament for Scotland, Wales and NI because it has retained reversed powers on the states. MPs from the devolved states have few constituency responsibilities.
- Joint Ministerial Committee: UK ministers and their counterparts from the devolved administrations meet here to consider non-devolved matters which will affect the devolved states and resolve disputes e.g Brexit and Scotland.
- Supreme Court: UK Supreme Court resolved disputes over competences by determining if the devolved bodies have acted within their powers.
Policy
Divergence:
- Some policies in the devolved states are different to that of the UK government for England
- Evident in health and education before devolution and has now become more pronounced since devolution.
- But they can be regarded as positive as it responds to the concerns of the electorate
- Some divergence was then taken up by the UK government such as the 5p plastic bag charge
- Divergence may undermine the principle of equal rights for UK citizens such as NI where same-sex marriage remains illegal.
Funding:
- Devolved states are funded by block grants settled by the Barnett formula
- The formula translates changes in public spending into equivalent changes in the block grants for Scotland, Wales and NI.
- NI receive more public spending per head of population than England does
- In 2016: Scotland, £28 million, Wales: £14 million, NI: £10 million
- Critics claim that this amounts to an English subsidy of the rest of the UK but Scotland and Wales have seen their fair share of public spending cut
- Whilst not set in statute law, the government are committed to using it and has been reluctant to undertake major revisions in how they are calculated.
Britishness:
- An umbrella identity that provides a common bond between the people of the UK whilst maintaining their distinctive national identities.
- Number of people describing themselves as primarily Scottish, Welsh and Irish has increased favouring things like EVFEL and independence from the UK
What
Next:
- The end point is uncertain, whilst it was designed to safeguard the union it has become weaker
Should The UK Become
A Federal State:
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Yes
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No:
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The creation of federal
state would provide a coherent constitutional settlement for the
UK and its nations, establishing a clearer relationship between
the different devolved governments.
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Federalism works best in
states in which there is not a dominant nation or region (USA), it
is unsuitable for the UK where England makes 4/5 of the population |
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Establishing a federal
state would resolve some anomalies (WLQ) that have arisen under
the current ad-hoc approach to devolution
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An English Parliament would
rival Westminster Parliament particularly if different governments
were in government in both England and the UK, and English MPs
could still be a majority at Westminster |
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Creating an English
Parliament and government as part of a federal UK would answer the
English question
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Measures to reduce the
dominance in England such as the creation of elected assemblies in
the English regions would be problematic and unpopular |
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The status of Westminster
Parliament would be clarified, it would be a federal Parliament
dealing with issues such as border control and defence |
Disputes over funding occur
in federal states, creating a federal UK would not automatically
resolve difficult issues such as equity of funding and welfare
provisions |
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HOL could be reformed to
become a chamber representing the component nations of the UK, or
abolish the HOL altogether.
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There is little public
appetite for a federal UK with devolution being the preferred
constitutional position for voters in Scotland, Wales and NI
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Has Devolution
Undermined The Union:
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Yes:
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No:
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The piecemeal approach to
devolution has meant that problems have not been addressed
effectively
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Devolution has answered
Scottish, Welsh and NI demands for greater autonomy being decision
making closer to the people
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Insufficient attention has
been paid to the purpose of the union |
Devolution has proceeded
relatively smoothly, without major disputes between the UK
government and the devolved bodies |
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Rules of the game on policy
coordination and disputes have not been clear enough |
Policy divergence reflects
the different interests of the nations and has allowed initiatives
to be copied |
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Policy divergence has
undermined the idea of a common welfare right in the UK |
Most people in the UK still
feel British, and devolution is the still the preferred
constitutional matter rather than independence
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SNP is the dominant party
in Scotland and support for independence has increased |
Devolution has delivered
peace and power sharing in NI after 30 years of violence and
instability.
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Some unease in England
about the perceived unfairness of the devolution settlement
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