Devolution since the Brexit Referendum

Conclusion

Taken together, the evidence and examples set out in this paper demonstrate a worrying trend.  The overall effect of the UK Government’s actions is reducing the powers and responsibilities of the Scottish Government and Parliament, imposing some decisions of the UK Government in devolved areas, and undermining some of the protections provided to the Scottish Parliament.  Ultimately these developments can frustrate the purpose of devolution and risk making the settlement practically unworkable. 

Some have expressed the view that the UK Government has a role that transcends the devolution settlement, and a responsibility for devolved matters in Scotland, and indeed all aspects of national life across the whole of the UK [75].  The UK Government’s white paper Levelling Up the United Kingdom emphasised a role for devolved governments in delivering services, while describing concern for outcomes as a matter for the whole of the UK [76].

These views are, however, at odds with the both the devolution settlement as it was established in 1999, and the purpose of the Scottish Parliament in addressing the “democratic deficit” in Scotland.  The devolution settlement gave control over devolved matters to Scottish Ministers in a government formed from the Scottish Parliament, elected by the people of Scotland. 

The current actions of the UK Government are changing its relationship with the elected Scottish Parliament, allowing it to intervene with its views in areas for which responsibility was transferred to the Scottish Parliament through a choice made by the people of Scotland. 

The risk for the devolution settlement is that, instead of the Scottish Parliament making decisions that reflect the views of the people of Scotland, it is increasingly bypassed or obliged to implement decisions taken, without the Parliament’s agreement, towards outcomes set by the UK Government in line with its priorities – contrary to the purpose of devolution. 

Put simply, the evidence set out in this paper shows there cannot be true self-government under a devolution settlement that retains Westminster’s supremacy over the democratic will of the Scottish Parliament.