Devolution in the United Kingdom
In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd (Welsh Parliament), the Northern Ireland Assembly and the London Assembly and to their associated executive bodies: the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities.
Devolution differs from federalism in that the devolved powers of the subnational authority ultimately reside in central government, thus the state remains, de jure, a unitary state. Legislation creating devolved parliaments or assemblies can be repealed or amended by parliament in the same way as any statute.
Legislation passed following the EU membership referendum, including the United Kingdom Internal Market Act 2020, undermines and restricts the authority of the devolved legislatures in both Scotland and Wales.[1]
The legislatures of the Crown Dependencies are not devolved as their origins predate the establishment of the United Kingdom and their attachment to the British Crown, and the Crown Dependencies are not part of the United Kingdom. However, the United Kingdom has redefined its formal relationship with the Crown Dependencies since the late 20th century.
Crown dependencies are possessions of the British Crown, as opposed to overseas territories or colonies of the United Kingdom. They comprise the Channel Island bailiwicks of Jersey and Guernsey, and the Isle of Man in the Irish Sea.[90]
For several hundred years, each has had its own separate legislature, government and judicial system. However, as possessions of the Crown they are not sovereign nations in their own right and the British Government is responsible for the overall good governance of the islands and represents the islands in international law. Acts of the UK Parliament are normally only extended to the islands only with their specific consent.[91] Each of the dependencies is represented on the British-Irish Council.
The Lord Chancellor, a member of the UK Government, is responsible for relations between the government and the Channel Islands. All insular legislation must be approved by the King in Council and the Lord Chancellor is responsible for proposing the legislation on the Privy Council. He can refuse to propose insular legislation or can propose it for the King's approval.
In 2007–2008, each Crown Dependency and the UK signed agreements[92] that established frameworks for the development of the international identity of each Crown Dependency. Among the points clarified in the agreements were that:
Jersey has moved further than the other two Crown dependencies in asserting its autonomy from the United Kingdom. The preamble to the States of Jersey Law 2005 declares that 'it is recognized that Jersey has autonomous capacity in domestic affairs' and 'it is further recognized that there is an increasing need for Jersey to participate in matters of international affairs'.[93] In July 2005, the Policy and Resources Committee of the States of Jersey established the Constitutional Review Group, chaired by Sir Philip Bailhache, with terms of reference 'to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State'. The Group's 'Second Interim Report' was presented to the States by the Council of Ministers in June 2008.[94] In January 2011, one of Jersey's Council of Ministers was for the first time designated as having responsibility for external relations and is often described as the island's 'foreign minister'.[95][96] Proposals for Jersey independence have not, however, gained significant political or popular support.[97][98] In October 2012 the Council of Ministers issued a "Common policy for external relations"[99] that set out a number of principles for the conduct of external relations in accordance with existing undertakings and agreements. This document noted that Jersey "is a self-governing, democratic country with the power of self-determination" and "that it is not Government policy to seek independence from the United Kingdom, but rather to ensure that Jersey is prepared if it were in the best interests of Islanders to do so". On the basis of the established principles the Council of Ministers decided to "ensure that Jersey is prepared for external change that may affect the Island’s formal relationship with the United Kingdom and/or European Union".
There is also public debate in Guernsey about the possibility of independence.[100][101] In 2009, however, an official group reached the provisional view that becoming a microstate would be undesirable[102] and it is not supported by Guernsey's Chief Minister.[103]
In 2010, the governments of Jersey and Guernsey jointly created the post of director of European affairs, based in Brussels, to represent the interests of the islands to European Union policy-makers.[104]
Since 2010 the Lieutenant Governors of each Crown dependency have been recommended to the Crown by a panel in each respective Crown dependency; this replaced the previous system of the appointments being made by the Crown on the recommendation of UK ministers.[105][106]