‘Welsh devolution has progressed rapidly, to the point that the Parliaments of Cardiff and
Edinburgh have broadly similar powers. That is to be welcomed.’
Describe and analyse devolution under the UK constitution in light of this statement.
High 2:1 Answer (68)
Devolution in the U.K. constitution is an evolutionary process1 of decentralising legislative,
executive and administrative powers from the U.K. Parliament to the devolved nations of
the Union.2 Throughout the history of the constitution, different nations have been
bestowed varying levels of power, resulting in what is termed as asymmetrical devolution,
which thus far has been welcomed. Wales has patently trailed behind its counterparts of
Scotland and Northern Ireland in terms of devolution, but the turn of the 21 st century has
witnessed rapid growth for Wales. The consequences of Brexit, however, could unravel such
progress, and it is likely that the devolved nations are to become highly asymmetrical again.
Scotland has had extensive legislative competence since the Scotland Act 1998 3, establishing
the Scottish Parliament on a reserved powers model, reserving some legislative competence
in specific areas4 for Parliament. Wales, on the other hand, has not had the luxury of
smooth-sailing legislative devolution. The Government of Wales Act 1998 5 merely conferred
executive power, establishing the National Assembly for Wales, with Schedule 2 of the Act
outlining a conferred powers list. This has been questioned in terms of unfairness, with Lord
Morgan noting that the reasons for the disparity of the legal competence between the Acts
1
Ron Davies MP ‘Devolution: A process not an event’,1999 Gregynog Papers, Vol 2.2 Institute of Welsh Affairs.
2
Elliot and Thomas, Public Law (4th edition OUP Oxford 2020).
3
Scotland Act 1998.
4
ibid, Sch 5.
5
Government of Wales Act 1998.
Edinburgh have broadly similar powers. That is to be welcomed.’
Describe and analyse devolution under the UK constitution in light of this statement.
High 2:1 Answer (68)
Devolution in the U.K. constitution is an evolutionary process1 of decentralising legislative,
executive and administrative powers from the U.K. Parliament to the devolved nations of
the Union.2 Throughout the history of the constitution, different nations have been
bestowed varying levels of power, resulting in what is termed as asymmetrical devolution,
which thus far has been welcomed. Wales has patently trailed behind its counterparts of
Scotland and Northern Ireland in terms of devolution, but the turn of the 21 st century has
witnessed rapid growth for Wales. The consequences of Brexit, however, could unravel such
progress, and it is likely that the devolved nations are to become highly asymmetrical again.
Scotland has had extensive legislative competence since the Scotland Act 1998 3, establishing
the Scottish Parliament on a reserved powers model, reserving some legislative competence
in specific areas4 for Parliament. Wales, on the other hand, has not had the luxury of
smooth-sailing legislative devolution. The Government of Wales Act 1998 5 merely conferred
executive power, establishing the National Assembly for Wales, with Schedule 2 of the Act
outlining a conferred powers list. This has been questioned in terms of unfairness, with Lord
Morgan noting that the reasons for the disparity of the legal competence between the Acts
1
Ron Davies MP ‘Devolution: A process not an event’,1999 Gregynog Papers, Vol 2.2 Institute of Welsh Affairs.
2
Elliot and Thomas, Public Law (4th edition OUP Oxford 2020).
3
Scotland Act 1998.
4
ibid, Sch 5.
5
Government of Wales Act 1998.
