Devolved Institutions and their Relationship with Westminster

Introduction

On coming to power in 1997, the **Labour Government devolved power to Scotland, Wales and Northern Ireland**. **Devolution** is the transfer of power from the centre (**Westminster**) to the nations and regions of the United Kingdom, bringing decision-making **closer to the citizen**. This chapter examines the **three devolution settlements** — Scotland (**Scotland Act 1998**, as amended by the **Scotland Act 2016**), Wales (**Government of Wales Acts 1998** and **2006**, the **Wales Act 2017** and the **Senedd and Elections (Wales) Act 2020**) and Northern Ireland (**Northern Ireland Act 1998**) — the **role of the Supreme Court** in resolving devolution issues, and the **extra-statutory** framework (the **Sewel Convention**, the **Memorandum of Understanding**, concordats and the **Joint Ministerial Committee**) that governs relations between Westminster and the devolved administrations.

Assessment focus

For SQE1 FLK1 you must understand how **devolution** distributes legislative power within the UK while leaving **parliamentary sovereignty** formally intact. Be able to: (i) define devolution and distinguish it from a **federal** constitution; (ii) state the **scope of legislative competence** of each devolved legislature, noting that the **Scottish Parliament** has the greatest powers; (iii) explain the **Sewel Convention** and why it is binding only as a convention; (iv) identify the key statutes — **Scotland Acts 1998 and 2016**, **Government of Wales Acts 1998 and 2006** (and the **Wales Act 2017**), **Northern Ireland Act 1998** — and the categories of NI matters (**excepted, reserved and transferred**); and (v) explain the **Supreme Court's** jurisdiction over devolution issues. Questions are single best answer questions (SBAQs) in **realistic scenarios** — you must **apply** the settlements, not merely recall them. This is a closed-book assessment.

Study tips

1) Learn the **statute-to-nation map**: Scotland = Scotland Act 1998 (+2016); Wales = Government of Wales Acts 1998 and 2006 (+ Wales Act 2017); Northern Ireland = Northern Ireland Act 1998. 2) Remember the **Sewel Convention**: Westminster will **not** legislate on devolved matters **without consent** — but this is a **convention**, not a legally enforceable rule. 3) The **Scotland Act 2016** declares the Scottish Parliament and Government a **permanent** part of the UK constitution, removable only by **referendum** — yet Parliament remains **sovereign**. 4) Memorise the **three NI categories**: **excepted** (never devolved), **reserved** (UK-wide, e.g. broadcasting) and **transferred** (devolved — policing and criminal justice moved here on **12 April 2010**). 5) Distinguish **devolution from federalism**: devolution does **not** create a federal constitution; sovereignty is delegated, not divided. 6) Note the **extra-statutory** machinery — **MoU**, concordats, **JMC**, **DGNs** — which is **binding in honour only** and creates **no legal obligations**.