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Contradictory Unionism: the impact of Stormont on British devolution debates

For more than half a century (1921-72), the existence of a devolved parliament in Northern Ireland created a contradiction at the heart of Unionist thought: while proponents of ‘the Union’ championed legislative autonomy in one part of the United Kingdom (Northern Ireland), they simultaneously denigrated moves towards devolution in Scotland and Wales on the basis that it might constitute a ‘slippery slope’ towards full ‘separation’. In a new blog from our Making Sense of Parliaments conference Dr David Torrance sheds light on a neglected aspect of broader debates about parliamentary devolution in the UK.

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How majoritarianism endures in the structures of the UK’s devolved institutions

Scotland and Wales’ devolved political institutions, elected under proportional Additional Member electoral systems, were intended to produce a more consensual political culture. However, writes Felicity Matthews, although their electoral rules have increased the proportionality of representation, the structures of the Scottish Parliament and National Assembly for Wales have meant that a more consensual approach to policy-making has been more limited than might have been expected.

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Changing times? The shifting gender balance of Scottish Parliament committee witnesses

In the latest blog from our Legislatures in Uncertain Times conference, Anouk Berthier (Scottish Parliament) and Hugh Bochel (University of Lincoln) discuss their research into the diversity of witnesses to committees in the Scottish Parliament.

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The report of the Scottish Parliamentary Reform Commission: Westminster as a model for reforming Holyrood?

The Scottish Parliament’s Commission on Parliamentary Reform, established by the Presiding Officer last year, reported in June. Its recommendations include that committee conveners should be elected by the whole Parliament, changes to First Minister’s Questions, the extension of the legislative process from three stages to five and the establishment of a new backbench committee. In a post originally posted on the Constitution Unit blog, Ruxandra Serban summarises the report and notes that several of the most substantive recommendations would bring the Scottish Parliament’s procedures closer to those of the House of Commons.

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The backgrounds of MSPs and MPs: it’s about the parties, not the culture

By Paul Cairney and Phil Cowley

There is an interesting set of stories, by David Leask and colleagues in the Herald, about the background of MSPs. We take an interest as part of a team of scholars comparing backgrounds in Westminster and devolved assemblies and examining how parties decide between many sources of representation, from sex and race to employment and locality.

In this post we examine the latest data on education as a proxy for class. It suggests that there would be little difference between Holyrood and Westminster if they had the same balance between parties.

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The Scotland Act 2016: New challenges for parliamentary scrutiny

By Stephen Herbert

The process of parliamentary scrutiny of the recommendations of the Smith Commission and the subsequent Scotland Bill has provided insights into the challenges that implementing the now Scotland Act 2016 present. The Scotland Act 2016 provides for the devolution of a range of new competencies to Holyrood. However, the passage of the Act is significant not only for the powers it confers upon the Scottish Parliament and Government but also the shift in the structure of Scottish devolution that will be a consequence of the Act’s provisions. The 2016 Act will result in a shift from a system of largely separate and clearly demarcated boundaries in terms of the distribution of powers between Holyrood and Westminster to an increasingly shared distribution of powers in a range of policy areas, notably with regard to taxation and social security powers. This will result in a greater degree of inter-governmental working than has been the case to date and will also present challenges to legislatures in examining these relationships. The issues raised, in this regard, by this shift in the structure of devolution are considered here.

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Sunday Trading and the Limits of EVEL

Please note that this piece was originally posted on the UCL Constitution Unit blog, and is available here.

By Daniel Gover and Michael Kenny

Yesterday MPs defeated the government by 317 votes to 286 on its proposals to relax Sunday trading rules. But although the policy would have applied only in England and Wales, the votes of Scottish MPs proved decisive. In this post Daniel Gover and Michael Kenny discuss the territorial dimensions to this episode, and why the recent ‘English Votes for English Laws’ reform did not help the government to pass its legislation.

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EVEL: ‘A major moment in the constitutional history of these islands’

This post was originally posted on the Centre for Constitutional Change website on 03 July, which is available here, and has been re-posted with permission.

By Michael Kenny

The government’s announcement of its much anticipated proposals for the introduction of ‘English votes for English laws’ in the House of Commons, involves changes to the rules for scrutinising individual Bills, or clauses within them, that affect England, or England and Wales only. The reforms are proposed as an answer to the West Lothian question – the situation whereby MPs from the devolved territories can vote on matters that affect England only, such as Education, but English MPs cannot reciprocate on issues that are devolved.

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EVEL and Democratic Reform

This post was originally posted on the Centre for Constitutional Change website on 03 July, which is available here, and has been re-posted with permission.

By Michael Keating

The introduction of English Votes for English Laws (EVEL) faces a problem, says Michael Keating, in that only a minority of English voters will ever have supported the laws in question.

The government has now come up with its answer to the West Lothian Question, that Scottish MPs can vote on English matters but not the other way around. Unfortunately, it is not the type of question that has an answer, but rather a conundrum. English Votes for English Laws (EVEL) is therefore not going to satisfy everyone or resolve the issue. It may address some immediate grievances but is a very partial response to a much bigger issue.

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The Demise of the Political and Constitutional Reform Committee: A cautionary tale of the indulgence of executive power?

By Graham Allen MP, Dave Richards and Martin Smith

Brian Barry suggested that: ‘…there has been a massive rise in the incidence of sanctimony and smugness among the successful that has nothing to do with any change in the underlying reality… It has been stimulated by politicians who have realised that it is possible to win power by recruiting the most … successful forty per cent or so of the population in a crusade to roll back the gains made by their fellow citizens in the previous forty years’. Written fifty years ago, the spirit, if not the empirical accuracy of this sentiment, still holds true. The Conservative Party have returned to power with an outright, yet slim majority. The turnout, though slightly up on previous elections at 66%, saw the Conservatives secure a 36.9% share. Read another way this means that only 24.7% of those eligible to vote did so for the new governing party. The Westminster model was, of course, always designed to deliver out right winners thanks to the machinations of the first-past-the post electoral system. In 2015, it can certainly be said to have done its job. But in an increasingly anti-political age, with a growing sense of cynicism with the ways and means of the Westminster system, it might be argued that a new government with such a precarious majority would be well served by operating with a public show of humility, not hubris.