The Nature of Devolution in Scotland and Northern Ireland: Key Issues of Responsibility and Control

Under three broad headings, namely, the internal dimension, the Westminster dimension and the intergovernmental dimension, this article seeks to analyse and explore the nature of devolution and to consider factors pertinent to its development. The article, thus, first compares the provisions of the Scotland Act 1998 and of the Northern Ireland Act 1998 on the electoral system, the size of the devolved legislature, the power of dissolution and the formation and the scrutiny of the devolved executive. The prime purpose of this section is to identify the principles enshrined in the legislation which may affect the way in which devolution will operate within its own borders. While this first dimension draws on the statutory provisions, the second, dealing with the relationships between the devolved system and Westminster, concerns issues to be regulated almost entirely by non-statutory “understandings” and by parliamentary/assembly Standing Orders. These issues include most crucially the power of the devolved legislature to debate non-devolved matters and the power of Westminster to debate devolved matters. Thirdly, the article deals with the mechanisms of co-operation to be introduced for the discussion of intergovernmental issues throughout the UK, that is, those arising between Westminster, Edinburgh, Belfast and Cardiff. In this context, consideration will be given to the proposed Joint Ministerial Committee. Mention will also be made of the British–Irish Council, although this is a body whose powers will go beyond solely UK devolution concerns.