Public Law (Devolution)

Question 1

What countries make up the United Kingdom, and how did the union develop?

Answer 1

• The UK consists of England, Wales, Scotland and Northern Ireland.

• The union developed gradually over centuries, not by a single constitutional moment.

• Each country has a distinct historical and constitutional relationship with Westminster.

E (Extra)

🧠 UK unity = historical evolution, not codified constitution.

Question 2

What was Scotland’s constitutional position before and after the Act of Union 1707?

Answer 2

Before 1707:

* Scotland was a separate country with its own Parliament, legal system and constitution.

* Shared a monarch with England from 1603.

After 1707:

* The Act of Union abolished the Scottish and English Parliaments.

* Created a single Parliament of Great Britain.

* Scotland retained distinct institutions, especially its legal system, education and local government.

E (Extra)

🧠 Political union ≠ legal uniformity.

Question 3

How was Wales constitutionally incorporated into England?

Answer 3

• Wales was conquered in 1283.

• Incorporated through the Laws in Wales Acts 1535–1542.


* Welsh citizens gained the same rights as English subjects.


• Welsh MPs were added to the House of Commons.

• English became the language of the law.

E (Extra)

🧠 Wales = integration, not union of equals.

Question 4

When did Wales begin to receive distinct constitutional recognition?

Answer 4

• 1964: Creation of Secretary of State for Wales.


* 1967: Welsh Language Act allowed Welsh in legal proceedings.


• Prior to this, recognition was minimal.

E (Extra)

🧠 Cultural recognition came very late.

Question 5

How did Ireland’s constitutional position change between 1800 and 1922?

Answer 5

• Act of Union 1800 abolished the Irish Parliament.
  
* Created the United Kingdom of Great Britain and Ireland.
  
* Westminster became supreme, with Irish representation.
• Government of Ireland Act 1920 divided Ireland into:
  
– Northern Ireland

  – Southern Ireland
• Southern Ireland never functioned → Anglo-Irish Treaty 1922 created the Irish Free State.

E (Extra)

🧠 Partition resolved conflict but created new instability.

Question 6

When did the UK finally accept Irish independence?

Answer 6

• 1922: Irish Free State gained Dominion status.
  
* 1937: Ireland adopted its own constitution unilaterally.


* Ireland Act 1949: UK formally accepted loss of supremacy.

E (Extra)

🧠 Legal acceptance lagged behind political reality.

Question 7

What happened to Northern Ireland’s devolved government between 1922 and 1998?

Answer 7

• 1922–1972: Northern Ireland had its own Parliament (Stormont).

• Westminster retained supremacy.


* 1972: Stormont suspended due to the Troubles.


* Direct rule imposed under the Northern Ireland (Temporary Provisions) Act 1972.


* Attempts at devolution in 1973–74 failed.

E (Extra)

🧠 Violence → suspension of self-government.

Question 8

What constitutional change resulted from the Good Friday Agreement?

Answer 8

• 1998: Good Friday (Belfast) Agreement approved by referendum.


* Led to the Northern Ireland Act 1998.


• Created a devolved Assembly and power-sharing executive.

• Marked the end of the Troubles.

E (Extra)

🧠 Devolution in NI is peace-linked.

Question 9

What is the difference between a unitary state and a federal state?

Answer 9

Unitary state (UK):

* One sovereign legislature (Westminster).

* Powers devolved but not legally entrenched.

* Parliament can override devolved bodies.

Federal state (e.g. USA, Germany):

* Powers divided by constitution.

* Federal government cannot legislate outside its competences.

* Courts can strike down ultra vires legislation.

E (Extra)

🧠 UK devolution ≠ federalism.

Question 10

Does devolution limit parliamentary sovereignty in the UK?

Answer 10

• No — Westminster remains legally sovereign.

• Devolved legislatures exercise delegated powers.

• Parliament can legislate on devolved matters and revoke powers.
  
* Limits are political, not legal.

E (Extra)

🧠 Devolution is delegation, not division.

Question 11

Why did the first attempt at Scottish devolution in the 1970s fail?

Answer 11

• Scotland Act 1978 proposed a devolved assembly.

• Required a referendum AND 40% of the total electorate to vote in favour.

• Although a majority voted “yes”, only 32.9% of the electorate supported it.

• Threshold not met → devolution failed.

E (Extra)

🧠 Majority of votes ≠ majority of electorate.

Question 12

How was Scottish devolution successfully introduced in the late 1990s?

Answer 12

• Labour Government elected in 1997.

• Referendums (Scotland and Wales) Act 1997 authorised a new referendum.

• A substantial majority of Scottish voters supported devolution.

• Led to the Scotland Act 1998.

E (Extra)

🧠 1997 referendum = political mandate for devolution.

Question 13

What is the constitutional status of the Scottish Parliament and Government?

Answer 13

• Scotland Act 1998 (as amended by Scotland Act 2016).

• Scottish Parliament and Scottish Government are a permanent part of the UK constitution.

• They cannot be abolished without a Scottish referendum.

E (Extra)

🧠 Political entrenchment, debated legal force.

Question 14

What institutions were created by the Scotland Act 1998?

Answer 14

• Scottish Parliament.
  
* Scottish Executive (now the Scottish Government).
  
* Parliament has power to pass primary legislation.

E (Extra)

🧠 Acts passed = Acts of the Scottish Parliament.

Question 15

How is the Scottish Parliament composed?

Answer 15

• 129 MSPs in total.

• 73 constituency MSPs (first past the post).

• 56 regional MSPs (7 from each of 8 regions).

• Mixed electoral system.

E (Extra)

🧠 Designed to improve proportionality.

Question 16

Who can vote in Scottish Parliament elections?

Answer 16

• Voting age is 16 and over.

• Applies to Scottish Parliament elections (not UK general elections).

E (Extra)

🧠 Scotland has a wider franchise.

Question 17

Who presides over the Scottish Parliament?

Answer 17

• A Presiding Officer (equivalent to the Speaker).
  
* Assisted by two or more deputies.

• Responsible for order and procedure.

Question 18

How often are Scottish Parliament elections held?

Answer 18

• Originally every 4 years.
  
* Extended to 5 years by the Scottish Elections (Reform) Act 2020.

• Ordinary elections now every five years.

E (Extra)

🧠 Change made by the Scottish Parliament itself.

Question 19

When does an extraordinary Scottish Parliament election take place?

Answer 19

If either:

* Two-thirds of MSPs vote for an early election, or

* Parliament fails to nominate a First Minister within 28 days because:

– the First Minister resigns or ceases to hold office, or

– the First Minister ceases to be an MSP.

E (Extra)

🧠 Failure to form government → early election.

Question 20

What happens if the Scottish Government loses a vote of no confidence?

Answer 20

• The First Minister must resign.

• Triggers the 28-day period to nominate a new First Minister.
  
* Failure → extraordinary election.

Question 21

When was the last Scottish Parliament election, and when is the next due?

Answer 21

• Last election: 6 May 2021.

• Next scheduled election: 7 May 2026.

Question 22

Does an extraordinary election replace a scheduled Scottish election?

Answer 22

• Generally no — it is additional.

• Exception: if held within 6 months of a scheduled election, the scheduled election is cancelled.

E (Extra)

🧠 Avoids back-to-back elections.

Question 23

What law-making powers does the Scottish Parliament have?

Answer 23

• Can pass primary legislation within devolved competence.


* Once a bill receives Royal Assent → Act of the Scottish Parliament.


* Legislative process broadly mirrors that of other devolved legislatures.

E (Extra)

🧠 Devolved ≠ sovereign.

Question 24

What is the reserved powers model used for Scottish devolution?

Answer 24

• Scotland Act 1998 devolves all matters except those expressly reserved to Westminster.

• Scottish Parliament can legislate on anything not listed as reserved.

E (Extra)

🧠 Default = devolved unless reserved.

Question 25

Give examples of devolved and reserved matters in Scotland.

Answer 25

Devolved:
 * Health
 * Education 
* Local government
 * Much civil & criminal law Reserved:
 * Constitution
 * Foreign policy
 * Defence E (Extra)
 🧠 Big social policy = devolved; state fundamentals = reserved.

Question 26

What was the constitutional impact of the 2014 Scottish independence referendum?

Answer 26

* Scottish voters rejected independence. 
* UK Government had promised further devolution if independence was rejected. 
* Result: additional powers devolved to the Scottish Parliament. E (Extra) 
🧠 “No” vote → more devolution, not status quo.

Question 27

What tax-raising powers does the Scottish Parliament have?

Answer 27

* Significant tax powers following post-2014 devolution.
 * Includes own taxes and control over income tax rates and bands.

Question 28

Which taxes has the Scottish Parliament replaced or introduced?

Answer 28

* Scottish Landfill Tax (replaced UK Landfill Tax).
 * Land and Buildings Transaction Tax (LBTT) (replaced SDLT). 
* Power to introduce Air Departure Tax (not yet in force at time of writing).

Question 29

How does Scottish income tax differ from the rest of the UK?

Answer 29

* Since 2016: Scottish Rate of Income Tax (SRIT).
 * Since 2017: power to set rates and bands (excluding personal allowance).
 * Applies to non-savings, non-dividend income. 
* Scottish additional rate = 48%, UK = 45%. E (Extra) 
🧠 Same income, different tax north of the border.

Question 30

What is the effect if an Act of the Scottish Parliament is outside legislative competence?

Answer 30

* It is not law so far as it exceeds competence.
 * Scotland Act 1998 defines the limits expressly.

Question 31

List key situations where Scottish legislation is outside competence.

Answer 31

If it: 
* Applies outside Scotland 
* Relates to reserved matters 
* Modifies protected constitutional statutes 
* Is incompatible with ECHR (and previously EU law) 
* Removes the Lord Advocate’s prosecutorial role

Question 32

Can the Scottish Parliament amend or repeal Acts of the UK Parliament?

Answer 32

* Yes — if within devolved competence.
 * Effect applies only in Scotland. E (Extra)
 🧠 Territorial, not national, effect.

Question 33

Who must assess whether a Scottish bill is within legislative competence?

Answer 33

* Minister in charge: must state bill is within competence.
 * Presiding Officer: may state bill is not within competence (with reasons).
 * Neither view is legally conclusive.

Question 34

Who can refer a Scottish bill to the Supreme Court on competence grounds?

Answer 34

* Advocate General 
* Lord Advocate
 * Attorney General E (Extra)
 🧠 Courts = final arbiter, not Parliament.

Question 35

How must courts treat a provision of an Act of the Scottish Parliament that might be outside legislative competence?

Answer 35

* Under the Scotland Act 1998, if a provision could be read in a way that is within competence, the court must adopt that narrower interpretation.
 * Only if no competent interpretation is possible will the provision be treated as not law. E (Extra)
 🧠 Exam trigger: Courts try to save Scottish legislation before striking it down.

Question 36

A Scottish Act appears to touch on a reserved matter. What must the court do first?

Answer 36

* Ask whether the provision can be interpreted narrowly so that it falls within devolved competence. 
* If yes → provision stands.
 * If no → provision is outside competence and not law. E (Extra)
 🧠 Think: interpret → rescue → only then invalidate.

Question 37

Who makes up the Scottish Government?

Answer 37

* First Minister (appointed by Monarch). 
* Scottish Ministers and Junior Ministers.
 * Lord Advocate and Solicitor General for Scotland. E (Extra)
 🧠 Executive mirrors UK structure. The cabinet consists of 10 Scottish Ministers. There are also 18 Junior Scottish Ministers.

Question 38

Who is the head of the Scottish Government?

Answer 38

* The First Minister, currently John Swinney.
 * Normally leader of the largest party in the Scottish Parliament.

Question 39

What is the Sewel Convention?

Answer 39

* Westminster will not normally legislate on devolved matters without Scottish Parliament consent.

Question 40

Is the Sewel Convention legally enforceable?

Answer 40

* No.
 * Recognised in statute (Scotland Act 2016 s 28(8)).
 * Does not limit parliamentary sovereignty. E (Extra)
 🧠 Political rule, not a legal rule.

Question 41

What did Miller (No 1) decide about the Sewel Convention?

Answer 41

* Convention creates no legal obligation.
 * Courts cannot enforce it.
 * Westminster may legislate without consent.

Question 42

How does the Scottish Parliament give consent under the Sewel Convention?

Answer 42

* Through Legislative Consent Motions (LCMs).
 * Often used where UK-wide legislation is practical.

Question 43

What happened when Scotland refused consent to Brexit legislation?

Answer 43

* Refused consent to EUWA 2018 and EUWA 2020. 
* UK Parliament enacted them anyway. E (Extra)
 🧠 Ultimate power remains with Westminster.

Question 44

What happened in the first attempt at Welsh devolution in the 1970s?

Answer 44

* Wales Act 1978 proposed a devolved assembly subject to a referendum.
 * In the referendum, around 80% voted against devolution. 
* Devolution did not proceed.

Question 45

How was devolution eventually introduced in Wales?

Answer 45

* Referendums (Scotland and Wales) Act 1997 triggered a Welsh referendum.
 * A narrow majority voted in favour.
 * Parliament enacted the Government of Wales Act 1998, creating the National Assembly for Wales.

Question 46

What was distinctive about the original Welsh devolution settlement under the GWA 1998?

Answer 46

* Wales operated under a conferred powers model. 
* The Assembly could legislate only in areas expressly granted by Parliament. 
* Powers were mainly delegated legislation, not primary legislation. E (Extra)
 🧠 Contrast: Scotland = reserved powers; early Wales = conferred powers.

Question 47

What constitutional changes were introduced by the Government of Wales Act 2006?

Answer 47

* Split the Assembly into: 
– Legislature (National Assembly → now Senedd Cymru)
 – Executive (Welsh Assembly Government → Welsh Government)
 * Declared both institutions permanent, removable only by referendum.

Question 48

What is Senedd Cymru and how did it come into being?

Answer 48

* Renamed under the Senedd and Elections (Wales) Act 2020.
 * Formerly the National Assembly for Wales. 
* Legislates via Acts of the Senedd.
 * Members are called Members of the Senedd (MSs).

Question 49

How is the Senedd composed and elected?

Answer 49

* 60 MSs (until 2026):
 – 40 constituency MSs
 – 20 regional MSs (proportional representation)
 * 16–17 year olds can vote. 
* Elections every 5 years (returning to 4 after 2026).

Question 50

What changes are being introduced by the Senedd Cymru (Members and Elections) Act 2024?

Answer 50

* Increases MSs from 60 to 96 (from May 2026). 
* Introduces closed-list proportional representation for all seats. 
* Reflects expanded legislative responsibilities.

Question 51

When did Wales gain the power to pass primary legislation?

Answer 51

* Enabled by the Government of Wales Act 2006.
 * Required approval by referendum (2011). 
* After approval, the Assembly could legislate in 21 subject areas.

Question 52

How did the Wales Act 2017 change the devolution settlement?

Answer 52

* Shifted Wales to a reserved powers model.
 * Senedd can legislate on all matters not expressly reserved.
 * Reserved matters include:
 – Defence 
– Foreign affairs
 – Immigration
 – Constitutional matters E (Extra)
 🧠 Wales now mirrors Scotland/Northern Ireland structurally.

Question 53

How does Wales differ from Scotland on criminal justice?

Answer 53

* Criminal justice is devolved in Scotland and Northern Ireland. 
* Criminal justice is reserved to Westminster in Wales (for now).

Question 54

What tax powers does the Senedd have?

Answer 54

* Land Transaction Tax (LTT) — replaces SDLT in Wales.
 * Landfill Disposals Tax (LDT) — replaces UK Landfill Tax.
 * Powers devolved in April 2018.

Question 55

What is the legal effect of an Act of the Senedd that exceeds legislative competence?

Answer 55

* It is not law (GWA 2006, s 108A(1)).
 * Same consequence as in Scotland.

Question 56

Who must certify legislative competence for a Senedd bill?

Answer 56

* The Welsh minister introducing the bill. 
* The Presiding Officer of the Senedd.
 * Statements are not conclusive.

Question 57

Who can refer a Welsh bill’s competence to the Supreme Court?

Answer 57

* The Counsel General for Wales, or 
* The UK Attorney General.
 * Court decides whether provisions are within competence.

Question 58

How must courts interpret Senedd legislation that may exceed competence?

Answer 58

* If a provision can be read within competence, courts must adopt that reading.
 * Only if no such reading is possible will it be invalid. 
* Grounded in GWA 2006, s 154(2). E (Extra)
 🧠 Same “save before strike down” rule as Scotland.

Question 59

What is the standard legislative process for Welsh Government bills in the Senedd?

Answer 59

* Usually a four-stage process (plus an optional Report Stage). 
* Ends with a final vote (Stage 4) and Royal Assent.
 * Includes a 4-week window for competence challenges.

Question 60

What happens at Stage 1 of a Senedd bill?

Answer 60

* Committees examine the general principles of the bill.
 * MSs vote on whether the bill should proceed further. 
* If rejected → bill falls. E (Extra)
 🧠 Stage 1 = “Do we agree with the idea of this bill?”

Question 61

What happens at Stage 2 of the Senedd legislative process?

Answer 61

* Detailed scrutiny by a committee.
 * MSs may propose amendments.
 * Committee debates and votes on amendments.

Question 62

How does Stage 3 differ from Stage 2 in the Senedd?

Answer 62

* Takes place before the whole Senedd, not a committee. 
* MSs may propose further amendments.
 * Amendments are debated and voted on in plenary.

Question 63

What is the Report Stage in the Senedd legislative process?

Answer 63

* An optional additional amending stage. 
* Used if significant changes were made at Stage 3. 
* Allows further refinement before final approval. E (Extra) 
🧠 Triggered only if needed — not automatic.

Question 64

What happens at Stage 4 of a Senedd bill?

Answer 64

* Senedd votes on a motion to pass the final text.
 * If approved → bill is passed. 
* Bill is normally sent for Royal Assent after ~4 weeks.

Question 65

What happens during the 4-week period after a Senedd bill is passed?

Answer 65

* Law officers may refer the bill’s legislative competence to the Supreme Court.
 * Referral can be made by: 
– Counsel General for Wales
 – UK Attorney General
 * Royal Assent is delayed until resolved.

Question 66

What are Member Bills in the Senedd?

Answer 66

* Introduced by individual MSs (not the Welsh Government).
 * Equivalent to Westminster private members’ bills.
 * Follow the same legislative stages as government bills.

Question 67

What are Private Bills in the Senedd?

Answer 67

* Affect specific individuals or bodies, not the public generally. 
* Rare. 
* Similar to private bills at Westminster.

Question 68

How is secondary legislation made in Wales?

Answer 68

* Made by Welsh ministers under authority of a parent Act.
 * Parent Act may be:
 – Act of Parliament, or 
– Act of the Senedd.
 * Uses affirmative or negative procedure.

Question 69

What is the difference between affirmative and negative procedure in Welsh secondary legislation?

Answer 69

Affirmative procedure
 * Instrument cannot take effect unless approved by the Senedd. Negative procedure
 * Instrument automatically takes effect unless annulled within 40 days.

Question 70

What is the legal status of Welsh law?

Answer 70

* Wales is not a separate jurisdiction.
 * England and Wales remain one jurisdiction. * Welsh law is recognised as distinct (GWA 2006, s A2).
 * Welsh law forms part of the law of England and Wales.

Question 71

Who leads the Welsh Government and how is it formed?

Answer 71

* Headed by the First Minister (currently Eluned Morgan).
 * Appointed by the Monarch after nomination by the Senedd.
 * First Minister:
 – Recommends Counsel General, and
 – Appoints up to 12 ministers and deputy ministers.

Question 72

Does the Sewel Convention apply to Wales?

Answer 72

* Yes.
 * Given statutory recognition by the Wales Act 2017 (GWA 2006 ss 107(5)–(6)). 
* UK Parliament will not normally legislate on devolved matters without consent. 
* Convention is political, not legally enforceable. E (Extra)
 🧠 Same status as Scotland after Miller (No 1).

Question 73

What constitutional settlement governs modern Northern Ireland?

Answer 73

* The Good Friday (Belfast) Agreement 1998. 
* Implemented in UK law by the Northern Ireland Act 1998.
 * Establishes devolution, power-sharing, and consent principles.

Question 74

What is the core constitutional principle of the Good Friday Agreement regarding Northern Ireland’s status?

Answer 74

* Northern Ireland remains part of the UK unless a majority votes otherwise. 
* Any change requires consent by referendum in Northern Ireland.
 * Reflected in NIA 1998, s 1. E (Extra)
 🧠 Exam phrase: consent principle.

Question 75

What are the three strands of the Good Friday Agreement?

Answer 75

1. Northern Ireland Assembly + power-sharing executive. 2. North/South Ministerial Council (NI + Republic of Ireland). 3. British–Irish Council (UK, Ireland, devolved bodies, Crown Dependencies).

Question 76

What does Strand 1 of the Good Friday Agreement establish?

Answer 76

* A democratically elected Assembly.
 * A power-sharing executive.
 * Devolved legislative authority within limits.

Question 77

What is the role of the North/South Ministerial Council?

Answer 77

* Cooperation between Northern Ireland and the Republic of Ireland.
 * Focus on cross-border issues (e.g. agriculture, education, environment).
 * Policy development, not sovereignty transfer.

Question 78

What is the purpose of the British–Irish Council?

Answer 78

* Promotes cooperation between:
 – UK and Irish governments
 – Devolved administrations
 – Isle of Man, Jersey, Guernsey 
* Aims at harmonious intergovernmental relations.

Question 79

What legislative powers does the Northern Ireland Assembly have?

Answer 79

* Power to pass primary legislation (Acts of the NI Assembly).
 * Bills become law after Assembly approval + Royal Assent.
 * Assembly competence governed by the NIA 1998.

Question 80

What devolution model applies to Northern Ireland?

Answer 80

* A reserved powers model, using different terminology.
 * Assembly may legislate on transferred matters.
 * Cannot legislate on excepted or certain reserved matters.

Question 81

What is the difference between excepted and reserved matters in Northern Ireland?

Answer 81

Excepted matters 
* Never devolved. 
* Include defence, foreign affairs, immigration. Reserved matters 
* May be devolved in future. 
* NI Assembly can legislate with Secretary of State’s consent. 
* Examples: firearms, pensions, broadcasting.

Question 82

Are policing and criminal justice devolved in Northern Ireland?

Answer 82

* Originally reserved matters.
 * Devolved in April 2010.
 * Now transferred matters.

Question 83

When is an Act of the Northern Ireland Assembly not law?

Answer 83

* If it is outside legislative competence (NIA 1998, s 6(1)). 
* Includes provisions that: 
– Relate to excepted/reserved matters (without consent), or 
– Breach specific statutory limits.

Question 84

What legislation can the Northern Ireland Assembly not amend?

Answer 84

* Human Rights Act 1998.
 * Key provisions of the Northern Ireland Act 1998. 
* (Pre-Brexit) parts of the ECA 1972.

Question 85

What equality-based limit applies to the NI Assembly’s legislative competence?

Answer 85

* Cannot legislate to discriminate on grounds of religious belief or political opinion.
 * NIA 1998, s 6(2)(e).

Question 86

How should courts interpret NI Assembly legislation if competence is unclear?

Answer 86

* Prefer an interpretation within competence if possible.
 * NIA 1998, s 83(2).

Question 87

What statements are required when introducing a bill in the NI Assembly?

Answer 87

* Minister must state bill is within competence.
 * Presiding Officer must refer bill to Secretary of State if it concerns reserved/excepted matters.

Question 88

Does the Sewel Convention apply to Northern Ireland?

Answer 88

* Yes, Westminster will not normally legislate on devolved matters without consent. 
* No express statutory recognition, unlike Scotland and Wales.
 * Convention is political, not legally enforceable.

Question 89

How is the Northern Ireland Assembly composed and elected?

Answer 89

* 90 MLAs.
 * Elected by single transferable vote (PR).
 * Elections every five years. 
* Next election due by 6 May 2027.

Question 90

What is distinctive about the Northern Ireland Executive?

Answer 90

* It is a mandatory power-sharing executive. 
* Reflects NI’s divided communities.
 * Not based on a single governing party.

Question 91

What political designations structure power-sharing in Northern Ireland?

Answer 91

* Nationalist
 * Unionist
 * Other E (Extra)
 🧠 Used to ensure balanced representation.

Question 92

How are the First Minister and Deputy First Minister appointed in Northern Ireland?

Answer 92

* FM: nominee of largest party in largest designation.
 * DFM: nominee of largest party in second-largest designation.
 * They hold office jointly and equally. 
* If one resigns → both cease to hold office.

Question 93

What happens if the Northern Ireland Executive is not formed in time?

Answer 93

* Ministers must be appointed within 14 days of Assembly’s first meeting.
 * Failure → Secretary of State must propose an extraordinary election. 
* Deadlines have been extended by Westminster legislation in practice.

Question 94

How are ministers appointed in the Northern Ireland Executive?

Answer 94

* Number decided by FM and DFM (max 10, unless SoS consents). 
* Allocated proportionally by party strength. 
* Minister of Justice appointed separately by cross-community vote.

Question 95

Why has devolution in Northern Ireland been unstable?

Answer 95

* Legacy of the Troubles.
 * Repeated executive collapses (2000–01, 2002–07, 2017–20, 2022–24).
 * Political deadlock, especially over the Northern Ireland Protocol.

Question 96

What was constitutionally significant about the 2022–24 period in Northern Ireland?

Answer 96

* Sinn Féin became the largest party for the first time. 
* In 2024: 
– Michelle O’Neill became first nationalist FM. 
– DUP re-entered executive. 
* Marked a major symbolic shift.

Question 97

When a bill is introduced in the Northern Ireland Assembly, what statements must be made about legislative competence, and what must the Presiding Officer do?

Answer 97

* The minister in charge must state that, in their opinion, the bill is within the Assembly’s legislative competence.
 * The Presiding Officer must refer the bill to the Secretary of State if they consider it relates to an excepted or reserved matter. E (Extra)
 🧠 Exam trigger: minister asserts competence; Presiding Officer flags reserved/excepted matters.

Question 98

Parliament passes an Act legislating on education policy in Scotland, even though education is a devolved matter. The Scottish Parliament objects and challenges the Act in court. Is the Act legally valid?

Answer 98

Yes.
 * The UK is a unitary state, not a federal one.
 * Devolution delegates powers but does not remove Westminster’s authority.
 * Parliament remains sovereign and may legislate on devolved matters. E (Extra)
 🧠 Devolution = political restraint, not legal limit.

Question 99

The Scottish Parliament passes an Act regulating immigration rules in Scotland. A challenge is brought arguing the Act is invalid. Should the challenge succeed?

Answer 99

Yes.
 * Immigration is a reserved matter. 
* Acts of the Scottish Parliament outside legislative competence are not law. 
* The Act would therefore be invalid. E (Extra) 
🧠 Scotland uses a reserved powers model.

Question 100

A provision in an Act of the Scottish Parliament could be interpreted either as relating to a reserved matter or as relating only to devolved health policy. How should the court interpret it?

Answer 100

* The provision should be interpreted narrowly so as to fall within legislative competence, if possible.
 * This is required by the Scotland Act 1998. E (Extra) 
🧠 Courts prefer saving competence where possible.

Question 101

Westminster passes legislation affecting devolved Scottish matters without obtaining a Legislative Consent Motion from the Scottish Parliament. A challenge is brought. Will the courts strike the Act down?

Answer 101

No. 
* The Sewel Convention is a political convention, not legally enforceable.
 * Even though recognised in statute, it does not limit parliamentary sovereignty. 
* Confirmed in Miller (No 1). E (Extra)
 🧠 Sewel = politics, not law.

Question 102

The Senedd passes legislation on housing policy. Westminster argues it lacks competence. Is the Senedd acting within its powers?

Answer 102

Yes. 
* Wales now operates under a reserved powers model. 
* Housing is not a reserved matter.
 * Therefore the Senedd has legislative competence. E (Extra)
 🧠 Wales ≈ Scotland (after Wales Act 2017).

Question 103

The Presiding Officer believes a bill before the Senedd may be outside legislative competence. The bill is passed anyway. What can happen next?

Answer 103

* The Counsel General or Attorney General may refer the bill to the Supreme Court.
 * The Court will determine whether it is within legislative competence.
 * The Presiding Officer’s view is not conclusive. E (Extra)
 🧠 Courts, not politicians, decide competence.

Question 104

The Northern Ireland Assembly passes legislation relating to defence policy. A legal challenge is brought. Should the Act stand?

Answer 104

No. 
* Defence is an excepted matter. 
* Excepted matters cannot be devolved. 
* Acts outside competence are not law. E (Extra)
 🧠 Excepted = permanently Westminster.

Question 105

The Northern Ireland Assembly passes legislation disadvantaging a group based on political opinion. Is the legislation valid?

Answer 105

No.
 * Legislation discriminating on religious belief or political opinion is outside competence. 
* Expressly prohibited by the Northern Ireland Act 1998. E (Extra)
 🧠 NI has extra constitutional safeguards.

Question 106

Following an election, the Northern Ireland Assembly fails to appoint a First Minister and deputy First Minister within the required time. What happens?

Answer 106

* The Secretary of State must propose an extraordinary election.
 * The FM and DFM must hold office jointly; failure to appoint either prevents the executive from functioning. E (Extra)
 🧠 No FM/DFM = no executive.

Question 107

Parliament proposes legislation to remove Northern Ireland from the UK without a referendum. Is this lawful?

Answer 107

No.
 * The Northern Ireland Act 1998 requires majority consent via referendum. 
* Northern Ireland cannot cease to be part of the UK without that consent. E (Extra) 🧠 Constitutional entrenchment via consent.

Question 108

What is the Supreme Court’s role in relation to devolved legislation?

Answer 108

* It is the final arbiter of legislative competence of devolved legislatures.
 * It decides whether devolved legislation: 
– relates to a reserved matter, or 
– breaches other limits (e.g. ECHR).
 * Ministerial and Presiding Officer statements are not binding — courts decide. E (Extra)
 🧠 Political actors assess → courts decide.

Question 109

How do courts decide whether a devolved provision “relates to” a reserved matter?

Answer 109

* By examining the purpose of the provision.
 * Having regard to its effect in all the circumstances. 
* A provision may incidentally affect reserved matters without being invalid. E (Extra)
 🧠 Purpose > label.

Question 110

In what three ways can devolved legislation reach the Supreme Court?

Answer 110

1. Reference by a law officer (before Royal Assent). 2. Appeal from higher courts in the UK. 3. Reference from appellate courts on devolution issues. E (Extra)
 🧠 Pre-assent + post-enactment routes.

Question 111

Who can refer a devolved bill to the Supreme Court before Royal Assent?

Answer 111

* UK Law Officers (e.g. Attorney General).
 * Devolved Law Officers (e.g. Lord Advocate). 
* Power exists under:
 – Scotland Act 1998, s 33 
– GWA 2006, s 112 
– NIA 1998, s 11 E (Extra)
 🧠 Competence can be tested before the bill becomes law.

Question 112

A devolved bill regulates agricultural wages. The UK Government argues it actually concerns employment law (a reserved matter). How should the Supreme Court approach this?

Answer 112

* Examine the purpose of the bill. 
* If the purpose is to support agriculture, it relates to a devolved matter. 
* The bill is valid even if it could also be characterised differently. E (Extra) 
🧠 Dual character ≠ invalidity.

Question 113

Why did parts of the Scottish Continuity Bill become outside competence after initially being valid?

Answer 113

* At passage, provisions were within devolved competence.
 * UK Parliament later enacted the EUWA 2018.
 * This re-reserved certain matters.
 * Result: some provisions became outside competence. E (Extra)
 🧠 Competence assessed at point of Royal Assent.

Question 114

Can a draft (unintroduced) devolved bill be referred to the Supreme Court?

Answer 114

Yes.
 * Law officers may refer devolution issues, including draft bills. 
* The issue is not hypothetical if the government intends to proceed if lawful. E (Extra)
 🧠 Draft ≠ speculative.

Question 115

Why was the proposed Scottish independence referendum bill outside legislative competence?

Answer 115

* It related to the Union of Scotland and England, a reserved matter. 
* Even a non-binding referendum has significant political consequences.
 * Connection was more than “loose or consequential”. E (Extra)
 🧠 Political impact counts.

Question 116

How can devolution issues reach the Supreme Court after legislation is enacted?

Answer 116

* Through appeals from senior courts. 
* Or references from appellate courts. 
* Often arises in judicial review or criminal proceedings. E (Extra)
 🧠 Not just abstract review.

Question 117

How should courts interpret the Scotland Act 1998 when assessing competence?

Answer 117

* Like any other statute. 
* It is a constitutional statute, but this does not alter interpretive method.
 * Purpose and effect remain central. E (Extra)
 🧠 No special gloss.

Question 118

On what grounds can Acts of devolved legislatures normally be challenged?

Answer 118

* Only on legislative competence grounds, such as: 
– Reserved matters
 – ECHR incompatibility
 * Not on common law grounds (e.g. irrationality). E (Extra)
 🧠 Courts don’t second-guess legislatures.

Question 119

Can legislative competence issues arise in criminal cases?

Answer 119

Yes.
 * Defendants may argue sentencing provisions exceed devolved competence.
 * Courts assess the purpose of the legislation.
 * Procedural reforms are usually within competence. E (Extra)
 🧠 Criminal law ≠ automatic reservation.

Question 120

Who can issue a Section 35 order blocking a Scottish Parliament bill?

Answer 120

* The UK Secretary of State for Scotland.
 * A UK Government minister, accountable to Westminster.
 * Acts on behalf of the UK Government, not Scotland. E (Extra)
 🧠 UK veto over Scottish legislation.

Question 121

What power does the UK Secretary of State for Scotland have under s 35 Scotland Act 1998?

Answer 121

* Can block a Scottish bill from receiving Royal Assent.
 * Power applies even if the bill concerns devolved matters.
 * Used where the bill would:
 – adversely affect reserved matters, or
 – interfere with the operation of UK law. E (Extra)
 🧠 Devolution ≠ immunity from UK control.

Question 122

Why did the UK Government issue a Section 35 order against the Gender Recognition Reform (Scotland) Bill?

Answer 122

* Although gender recognition is devolved,
 * The bill affected the Equality Act 2010, a reserved matter.
 * Risked inconsistency and legal confusion across the UK. E (Extra)
 🧠 Devolved subject ≠ unlimited impact.

Question 123

Is there an equivalent to Section 35 for Wales?

Answer 123

Yes.
 * Section 114 of the Government of Wales Act 2006.
 * Power has not yet been used. E (Extra) 
🧠 Exists, unused.

Question 124

The Scottish Parliament passes a bill regulating environmental standards.
The minister says it is within competence, but the UK Government disagrees. 
Who has the final legal authority to decide whether the bill is within competence?

Answer 124

* The Supreme Court.
 * Ministerial and Presiding Officer statements are not conclusive. 
* Courts determine legislative competence. E (Extra)
 🧠 Devolution disputes = courts decide, not politicians.

Question 125

The Senedd passes a bill. Before Royal Assent, the UK Attorney General believes it relates to a reserved matter. 
What can the Attorney General do?

Answer 125

* Refer the bill to the Supreme Court.
 * Reference must occur before Royal Assent.
 * Court rules whether the bill is within legislative competence. E (Extra)
 🧠 Pre-assent = reference window open.

Question 126

A Welsh Act regulates wages of agricultural workers.
The UK Government argues it concerns employment law (reserved). 
How will the Supreme Court decide competence?

Answer 126

* By examining the purpose of the provision, considering its effect.
 * If the purpose relates to a devolved matter (agriculture) → within competence.
 * A provision may relate to more than one area. E (Extra)
 🧠 Purpose > labels.

Question 127

A Scottish bill is within competence when passed.
Before Royal Assent, Westminster passes an Act reserving the same subject matter.
 What happens?

Answer 127

* The Scottish bill may become outside competence.
 * Legislative competence is assessed at the point of Royal Assent. 
* Later UK legislation can narrow devolved competence. E (Extra)
 🧠 Westminster can change the goalposts.

Question 128

The Scottish Government wants to introduce a bill for an independence referendum.
Before introduction, it asks the Supreme Court if it would be within competence.
 Is this allowed?

Answer 128

* Yes.
 * Law officers may refer draft bills raising devolution issues.
 * The issue is not hypothetical if the bill would otherwise proceed. E (Extra) 
🧠 Draft + real intention = valid reference.

Question 129

Scotland argues a referendum bill is lawful because the result would not be legally binding.
 Will this succeed?

Answer 129

* No.
 * Even a non-binding referendum can have significant political consequences.
 * It still “relates to” reserved matters (the Union). E (Extra)
 🧠 Political effect still counts.

Question 130

A company challenges a Scottish Act restricting tobacco displays, claiming it concerns consumer sales (reserved).
 How will the Supreme Court assess this on appeal?

Answer 130

* Apply the purpose test. 
* Examine what the legislation is really trying to achieve. 
* If aimed at public health → within competence. E (Extra)
 🧠 Health ≠ trade regulation.

Question 131

A business argues a devolved Act is irrational and unfair. 
Can the Supreme Court strike it down on common law grounds?

Answer 131

* No.
 * Devolved legislation can only be challenged for:
 – lack of legislative competence, or 
– breach of the ECHR. E (Extra)
 🧠 Courts don’t second-guess legislatures.

Question 132

A Scottish sheriff imposes a higher sentence due to a Scottish Act reforming criminal procedure.
The defendant argues the Act conflicts with a reserved UK statute. 
What is the key issue?

Answer 132

* Whether the provision relates to a reserved matter.
 * Procedural reform of Scots criminal justice is devolved. 
* Incidental overlap with UK statutes does not invalidate it. E (Extra)
 🧠 Procedure ≠ reserved subject.

Question 133

The Scottish Parliament passes a devolved bill.
The UK Secretary of State believes it undermines the Equality Act 2010.
 What can happen?

Answer 133

* The UK Secretary of State for Scotland may issue a s 35 order.
 * This blocks the bill from receiving Royal Assent. 
* Applies even if the bill is otherwise devolved. E (Extra)
 🧠 Section 35 = UK veto button.

Question 134

The Scottish Government challenges a s 35 order as unlawful.
 Who hears the challenge?

Answer 134

* The courts (potentially the Supreme Court). 
* Review focuses on lawfulness, not political merits. E (Extra)
 🧠 Veto power is reviewable — not absolute.

Question 135

How are relationships between the UK Government and devolved administrations formally managed?

Answer 135

* Through agreed intergovernmental relations (IGR) arrangements.
 * Originally governed by a 1999 Memorandum of Understanding and the Joint Ministerial Committee (JMC).
 * Replaced in January 2022 by a new three-tier IGR structure. E (Extra)
 🧠 IGR = political coordination, not legal hierarchy.

Question 136

Why was the Joint Ministerial Committee (JMC) replaced?

Answer 136

* Brexit and Covid-19 exposed weaknesses in UK–devolved coordination.
 * Relations became strained and inconsistent. 
* A new IGR structure was introduced to improve cooperation, clarity, and dispute handling. E (Extra)
 🧠 Reform driven by political pressure, not law.

Question 137

What are the three tiers of the current Intergovernmental Relations (IGR) structure?

Answer 137

1. Prime Minister and Heads of Devolved Government Council (top tier) 2. Interministerial Standing Committees (middle tier) 3. Interministerial Groups (IMGs) (portfolio-level) E (Extra)
 🧠 Think: strategy → coordination → delivery.

Question 138

What is the role of the Prime Minister and Heads of Devolved Government Council?

Answer 138

* Top-level strategic forum.
 * Chaired by the Prime Minister. 
* Includes First Ministers of Scotland and Wales, and First & Deputy First Ministers of Northern Ireland.
 * Sets overall direction for intergovernmental relations. E (Extra)
 🧠 Strategy, not day-to-day policy.

Question 139

What does the Interministerial Standing Committee (IMSC) do?

Answer 139

* Middle Tier strategic forum.
 * Addresses cross-cutting strategic issues. 
* Reviews how departments engage with devolved governments. 
* Membership varies but always includes ministers responsible for IGR. E (Extra)
 🧠 Oversees coordination across portfolios.

Question 140

What is the specific role of the Finance Interministerial Standing Committee?

Answer 140

* Middle Tier strategic forum.
 * Focuses on fiscal matters. 
* Deals with funding, budgets, and financial disputes. 
* Membership includes UK and devolved finance ministers. E (Extra) 
🧠 Money gets its own committee.

Question 141

What are Interministerial Groups (IMGs)?

Answer 141

* Portfolio-level forums between departmental ministers. 
* Cover devolved areas (eg culture) and reserved areas affecting devolution (eg trade).
 * Intended for regular, practical engagement. * Bottom Tier strategic forum. E (Extra)
 🧠 Where policy actually gets discussed.

Question 142

What is the Intergovernmental Secretariat and who is it accountable to?

Answer 142

* Provides administrative support for IGR meetings.
 * Drafts annual IGR reports for scrutiny by all four legislatures.
 * Hosted in the Cabinet Office but accountable to the Council as a whole, not the UK Government alone. E (Extra)
 🧠 Neutral admin, not UK-controlled.

Question 143

What are “common frameworks” and why do they exist?

Answer 143

* Agreements to manage policy divergence in areas formerly governed by EU law.
 * Apply to devolved policy areas (eg agriculture, chemicals, blood safety).
 * Operate alongside the IGR system. E (Extra)
 🧠 Brexit gap-fillers.

Question 144

What is the Council of Nations and Regions and how does it differ from IGR bodies?

Answer 144

* Created in 2024 by the Labour Government.
 * Separate from the formal IGR framework.
 * Includes devolved leaders and English metro mayors. 
* Focuses on collaboration and sharing best practice. E (Extra)
 🧠 Political forum, not devolution machinery.

Question 145

How are disputes between the UK Government and devolved administrations meant to be resolved?

Answer 145

* First at portfolio level if possible.
 * Mediation encouraged before formal escalation. 
* Formal dispute resolution chaired by an impartial body. E (Extra)
 🧠 De-escalation is the aim.

Question 146

How often has the formal dispute resolution mechanism been used?

Answer 146

* No disputes have yet been formally resolved under the new system. 
* Under the old JMC protocol:
 – 3 disputes concerned funding allocations.
 – 1 concerned fishing quotas. E (Extra)
 🧠 Exists more as a safety net than a workhorse.

Question 147

A major UK-wide crisis (eg energy security) requires coordination between the UK Government, Scotland, Wales and Northern Ireland at the highest political level. Which forum is most appropriate?

Answer 147

The Prime Minister and Heads of Devolved Government Council. * Chaired by the Prime Minister
 * Includes all devolved First Ministers
 * Deals with strategic, UK-wide issues E (Extra)
 🧠 Top tier = strategy + direction.