Introduction to devolution in the United Kingdom

“Devolution” is the term used to describe the process of transferring power from the centre (Westminster) to the nations and regions of the United Kingdom. The term is derived from the Latin, meaning “to roll down”. It is different from a federal or confederal system of government, under which every constituent part of a state enjoys autonomy and sovereignty. Under the UK constitutional tradition of “parliamentary sovereignty” devolution is, in theory, reversible, and the devolved institutions products of UK statute.

Devolution in the UK

The legislative frameworks for devolution were originally set out in the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998, although all three have subsequently been amended. There is also a non-legislative framework of agreements between Government departments and the devolved institutions which help resolve disputes between central and devolved government.

The UK system of devolution is asymmetric, in that different parts of the UK have different forms of devolution and varying degrees of power. Scotland, Wales and Northern Ireland now all possess executive and legislative devolution, while Metro Mayors in parts of England (and the Mayor of London) have only executive powers. Combined Authorities and the London Assembly can scrutinise executive decisions but not legislate in the manner of the Scottish Parliament, Senedd Cymru/Welsh Parliament and the Northern Ireland Assembly.

Devolved and reserved matters

Those three legislatures can only pass primary and secondary laws in devolved (or “transferred” in the case of Northern Ireland) areas, with “reserved” matters (or reserved and “excepted” in NI) remaining the responsibility of Westminster. The UK Parliament can still legislate in devolved areas, but, under the Sewel Convention, does “not normally” do so without the explicit consent of the relevant devolved body.

Prior to the 1997 referendum on devolving power from Westminster to Wales, the then Secretary of State for Wales, Ron Davies, memorably referred to devolution as “a process, not an event”. This briefing paper looks at both the “event” of devolution in 1997-99 and the “process” of its development since then, outlining the structure and powers of devolved institutions in Scotland, Wales, Northern Ireland, London and parts of England.