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Devolution arrangements before devolution.... Scotland With the Union of England, Scotland and Wales in 1707, the Westminster Parliament included representatives.

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Presentation on theme: "Devolution arrangements before devolution.... Scotland With the Union of England, Scotland and Wales in 1707, the Westminster Parliament included representatives."— Presentation transcript:

1 Devolution arrangements before devolution...

2 Scotland With the Union of England, Scotland and Wales in 1707, the Westminster Parliament included representatives from Scotland. This brought about the need for Scottish representation in Government in London. Originally this took the shape of a Scottish Secretary but the position was abolished after the 1745 Jacobite uprising. The role then lay with the Lord Advocate, the King’s advisor on Scottish affairs, and a series of 'Scottish Managers'. In 1827 this arrangement ended and the Home Secretary took over responsibility for Scottish affairs until 1885.

3 Scotland In 1885 the Secretary of Scotland Act was passed. This formalised the position of the Scottish Secretary and gave him duties previously carried out by a variety of bodies. The passing of the Act also saw the creation of the Scottish Office, and the Duke of Richmond and Gordon was immediately appointed as the new Secretary. Between 1885 and 1926, there had been sixteen Secretaries for Scotland, when another change occurred. The post was elevated to a full Secretary of State, with one Minister of State and three Parliamentary Under Secretaries of State assisting him.

4 Scotland For a long time the Scottish Office was a very small department. Despite this, some striking results were achieved. The Minister for the Scotch Education Department, for example, worked strenuously to give Scotland a state secondary education system at a time far ahead of that of her Southern neighbour.

5 Scotland White Paper

6 Wales BBC archive clips

7 Wales (National archives recap) A Welsh Office responsible to the Secretary of State for Wales was established in April 1965. Two years later, the Welsh Language Act 1967 formally dissolved the long-standing legislation that had provided that references made in Parliament to England automatically included Wales, under the Wales and Berwick Act of 1746.

8 Wales (National archives recap) A series of bodies and departments dealing specifically with Welsh issues pre-dated the Welsh Office. The first of these was the Central Welsh Board, which was set up in 1896 under the Welsh Intermediate Education Act 1889 to inspect grammar school standards. Responsibility for Welsh education was further separated out, with the formation of the Welsh Department of the Board of Education in 1907.

9 Wales (National archives recap) In the following year a distinct cultural body for Wales was established, in the form of the Royal Commission on Ancient and Historical Monuments in Wales and Monmouthshire. A Welsh National Health Insurance Commission was set up under the National Insurance Act 1911. Its responsibilities were later absorbed by the Welsh Board of Health, which was formed under the Ministry of Health Act 1919.

10 Wales (National archives recap) The work of the Agricultural Council for Wales (established in 1912) was assigned to the Board of Agriculture and Fisheries in 1919, and was renamed the Welsh Department of the Ministry of Agriculture and Fisheries in 1922. A Welsh Land Settlement Society was established in 1936 to help to alleviate unemployment; many of its land-related functions were later transferred to the Ministry of Agriculture and Fisheries.

11 Wales (National archives recap) A Boundary Commission for Wales was set up under the House of Commons (Redistribution of Seats) Act 1944.

12 Wales (National archives recap) The need for better liaison concerning Wales, and the need to improve the general execution of policies involving Wales, prompted the formation of a Conference of Heads of Government Offices in Wales in 1946. A Council for Wales and Monmouthshire was established in 1949 to monitor the effects of government policy in Wales. This became the Welsh Council in 1968 when its remit was widened to include social and cultural affairs, as well as economic planning.

13 Wales (National archives recap) Government departments which had established Welsh offices or units by 1951 included the Ministry of Housing and Local Government, the Ministry of Transport, and the Forestry Commission.

14 Wales (National archives recap) In 1951 the office of Minister for Welsh Affairs was created. This post was vested in the Home Secretary until 1957, when it was transferred to the Minister of Housing and Local Government, who was to be assisted by a Minister of State. It was replaced in October 1964 by the office of Secretary of State for Wales, which was given responsibility for the newly created Welsh Office in the following year. The Welsh Office was created to execute government policy in Wales.

15 Wales (National archives recap) It took over, from other departments, functions relating to economic planning, housing, local government, sewerage, environmental health, town and country planning, Welsh national parks, historic buildings, and cultural activities. The duties of the Office expanded quickly to include bridge and highway construction and maintenance, certain road functions relating to road use in Wales, and the Historic Buildings Council for Wales (transferred from the Ministry of Public Building and Works).

16 Wales (National archives recap) In February 1967 functions relating to water and forestry (which had formerly been shared with the Ministry of Land and Natural Resources) were transferred entirely to the Welsh Office, together with duties relating to common land and allotments. The Secretary of State for Wales was made responsible for the work of the Countryside Commission in Wales in 1968.

17 Wales (National archives recap) The Development of Tourism Act 1969 passed duties relating to tourism in Wales to the Secretary of State for Wales, and established the Welsh Tourist Board. In the same year responsibility for the use of the Welsh language in the registration of births, marriages and deaths, and for schemes made by Welsh local authorities for the local organisation of the registration service, was assigned to the Secretary of State.

18 Wales (National archives recap) The Secretary of State also took over responsibility for health and welfare services formerly carried out by the Department of Health and Social Security. The Welsh Office shared responsibility for agriculture and fishery matters with the Ministry of Agriculture, Fisheries and Food until 1978, when it acquired all functions related to Wales. Four divisional agricultural offices were inherited from MAFF.

19 Wales (National archives recap) During the 1970s changes in central government led to the delegation of additional functions to the Welsh Office. Most of the responsibilities of the Department of Education and Science, in respect of primary and secondary education in Wales, were transferred in 1970; while the child care responsibilities of the Home Office (except for adoption, juvenile courts and delinquency duties) were passed to the Welsh Office in 1971.

20 Wales (National archives recap) After January 1971 the Welsh Office shared in the administration of the urban programme of grants in areas of acute social deprivation. In April 1973 it gained control of child adoption authorities in Wales, which had previously been vested in the Home Office. Responsibilities relating to the promotion of industry in Wales, including the Department of Industry's regional office in Wales, were passed to the Welsh Office in 1974-1975; while the oversight of the Manpower Services Commission in Wales was transferred from the Department of Employment in 1977.

21 Wales (National archives recap) In 1978 the Welsh Office assumed control of further education functions, and of the training and supply of teachers for primary and secondary education, which had previously been retained by the Department of Education and Science.

22 Wales (National archives recap) A Local Government Staff Commission for Wales was set up under the Local Government Act 1972, and ran until 1977. This body assessed and advised on staff recruitment, transfer and protection, whilst local Welsh government was reorganised. A Local Government Boundary Commission for Wales was established under the same Act, to provide continuous review of local government areas in Wales, and corresponding electoral arrangements.

23 Wales (National archives recap) A Welsh Development Agency was established under the Welsh Development Agency Act 1975, with responsibilities for furthering the economic development of Wales, promoting industrial efficiency and competitiveness, safeguarding employment, and improving the environment. Its work included programmes of urban and rural development, property development, land reclamation and environmental improvement, promotion of investment in Wales, and provision of aid to existing businesses.

24 Wales (National archives recap) The Agency replaced the Welsh Industrial Estates Corporation, which had been passed to the Welsh Office, along with the Department of Industry's regional office, in 1974-1975. The Act also established a Welsh Industrial Development Advisory Board to assist the Agency. In 1976 the Development of Rural Wales Act established the Development Board for Rural Wales, with similar advisory functions. The Welsh Development Agency merged in 1998 with the Development Board for Rural Wales and the Land Authority for Wales.

25 Wales (National archives recap) Note that Welsh Secretary from 1987 to 1997 MP in English constituency: Peter Walker, David Hunt, John Redwood and William Hague.

26 Wales 1951 Churchill appointed his Home Secretary Sir David Maxwell-Fyfe Minister for Welsh Affairs. Sat as English MP* 1957 Macmillan appointed Minister of Housing and Local Government, Henry Brooke, as Minister for Welsh Affairs. Also English MP. It was he who approved the plan to flood a Welsh valley, Trywerwyn Valley in Merineth, to provide water for Liverpool, despite opposition of 27 of the 36 Welsh MPs.

27 Wales When James Griffiths, Labour MP for Llenelli, became deputy leader more emphasis on Welsh interests. With Labour's return to office in 1964 he became Secretary of State for Wales. He said in Dec 1964 that the establisment of a Welsh Office was 'recognition of our nationhood'* * BOGDANOR Devolution in the UK p. 159

28 Scottish Grand Committee The Scottish Grand Committee comprises all 72 Scottish members. It may be convened anywhere in Scotland as well as Westminster, and traditionally considered the principles of Scottish Bills referred to it at second reading, though UK Parliament bills relating exclusively to Scotland are rare since the establishment of the Scottish Parliament. It also takes questions and statements and debates other matters concerning Scotland.

29 Welsh Grand Committee The Welsh Grand Committee consists of the 40 Welsh MPs and currently up to five others. It considers Bills referred to it at second reading on matters concerning Wales only. The Government has recently announced, subject to approval by the House, a wider role for the Committee, with powers similar to those of the Scottish Grand Committee.

30 Welsh Grand Committee Note Welsh Grand Committee met only eight times between 1992 and 1995. Less separate Welsh legislation than Scottish. Partly because Wales does not have separate legal system. Equally Welsh Office has less influence than Sottish Office. The Welsh Office, says Bogdanor, "does not really create policy for Wales, but is more often borne along by events" (see rest of page 29). BOGDANOR, Power and the People, p. 29

31 Wales (National archives recap) Until the creation of the National Assembly for Wales in 1999 (see below), the Secretary of State for Wales was responsible for most government policies that applied to Wales. His Ministerial team was made up of two Parliamentary Under Secretaries.

32 Dissertation "The main symbol of Welsh nationhood, the language, is a divisive one, while the main symbols of Scottish nationhood, the judicial system, the Kirk and the educational system, are integrative."* Discuss, including with reference to the devolution referendum results. *Vernon BOGDANOR, Power and the People, Victor Gollancz 1997, p. 28

33 Dissertation Mace or maze?

34 Dissertation 'Rolling devolution' or 'Home Rule for All'?

35 Dissertation "The distinction between England and Wales... is totally unknown to our constitution." W. Gladstone. Discuss. (quoted in Vernon BOGDANOR, Devolution, OUP, 2002, p. 144)

36 Definition Secondary legislation: Legislation made by a Minister or other person or body under powers granted in an Act. Secondary legislation is also called subordinate legislation or delegated legislation. It is most often in the form of rules, regulations or orders and is often made by statutory instrument.

37 Misperceptions 1978/9 Bogdanor Devolution in the UK p 156: 1970 votes PC 175,016 11.5% 36 cands 0 MP 1974F votes PC 171,374 10.7% 36 cands 2 MPs 1974O votes PC 166,321 10.8% 36 cands 3 MPs Consequently inaccurate to have concluded that support for nationalism in Wales was growing...

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