In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, devolved matters are the areas of public policy where the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
has
devolved its legislative power to the national assemblies of
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
,
Wales
Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
and
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, while reserved matters and excepted matters are the areas where the Parliament retains exclusive power to legislate.
The devolved administrations in Scotland, Wales and Northern Ireland have been granted power by the Parliament under their respective legislators in all areas except those which are reserved (or excepted in the case of Northern Ireland). However, because the Parliament acts with
sovereign supremacy, it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters.
Devolution of powers within the United Kingdom
The devolution of powers are set out in three main acts legislated by the UK Parliament for each of the devolved governments in Scotland, Wales and Northern Ireland. The acts also include subsequent amendments, which devolved further powers to the administrations:
*
Northern Ireland Act 1998
__NOTOC__
The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which allowed Westminster to devolve power to Northern Ireland, after decades of direct rule.
It renamed the New Northern Ireland Assembly, established b ...
amended by the
Northern Ireland Act 2006.
*
Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
amended by the
Scotland Act 2012
The Scotland Act 2012 is an Act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998, with the aim of devolving further powers to Scotland in accordance with the recommendations of the Calman Commission. It ...
and the
Scotland Act 2016
The Scotland Act 2016 (c. 11) is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smi ...
.
*
Government of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom.
It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...
amended by the
Government of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...
, the
and the
Wales Act 2017
The Wales Act 2017 (c. 7) is an Act of the Parliament of the United Kingdom. It sets out amendments to the Government of Wales Act 2006 and devolves further powers to Wales. The legislation is based on the proposals of the St David's Day Comman ...
In
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, the powers of the
Northern Ireland Assembly do not cover
reserved matters
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has Devolution in the United Kingdom, devolved its legislative power to the national assemblies of Scotland, Wales and Northern I ...
or
excepted matters. In theory, reserved matters could be devolved at a later date, but excepted matters were not supposed to be considered for further devolution. In practice, the difference is minor as
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
is responsible for all the powers on both lists and must give its consent to devolve them.
In
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
, a list of reserved matters is explicitly listed in the Scotland Act 1998 (and amended by the Scotland Acts of 2012 and 2016). Any matter not explicitly listed in the Act is implicitly devolved to the
Scottish Parliament.
In
Wales
Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
, a list of reserved matters is explicitly listed under the provisions of the Wales Act 2017. Any matter not explicitly listed in the Act is implicitly devolved to the
Senedd. Before 2017, a list of matters was explicitly devolved to the then known
National Assembly for Wales
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Go ...
and any matter not listed in the Act was implicitly reserved to Westminster.
Devolution in Scotland and Wales
The devolution schemes in Scotland and Wales are set up in a similar manner. The
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
has granted legislative power to the
Scottish Parliament and the
Senedd through the Scotland Act 1998 and the Government of Wales Act 2006 respectively. These Acts set out the matters still dealt with by the UK Government, referred to as ''reserved matters''.
Anything ''not'' listed as a specific reserved matter in the Scotland Act or the Wales Act is
devolved
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories ...
to that nation. However, the UK Parliament still has the power to legislate over devolved areas if it chooses.
The legal ability of the Scottish Parliament or Senedd to legislate (its "legislative competence") on a matter is largely determined by whether it is reserved or not.
List of devolved matters
*
agriculture
Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people t ...
,
fisheries,
forestry
Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. ...
and
rural development
Rural development is the process of improving the quality life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas.
Rural development has traditionally centered on the exploitation of ...
*
culture
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups ...
*
economic development
In the economics study of the public sector, economic and social development is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals and ...
*
education
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...
and
training
Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
*
environment
*
fire
Fire is the rapid oxidation of a material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction products.
At a certain point in the combustion reaction, called the ignition point, flames a ...
and rescue services and promotion of fire safety
*
food
*
health
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
and health services
*
housing
Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether i ...
*
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
and policing (in Scotland only)
*
local government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-l ...
*
public administration
Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit est ...
*
social welfare
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
*
sport
Sport pertains to any form of competitive physical activity or game that aims to use, maintain, or improve physical ability and skills while providing enjoyment to participants and, in some cases, entertainment to spectators. Sports can, ...
and recreation
*
tourism
Tourism is travel for pleasure or business; also the theory and practice of touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tours. The World Tourism Organization defines tourism mor ...
*
town and country planning
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...
*
water
Water (chemical formula ) is an Inorganic compound, inorganic, transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living ...
and
flood
A flood is an overflow of water ( or rarely other fluids) that submerges land that is usually dry. In the sense of "flowing water", the word may also be applied to the inflow of the tide. Floods are an area of study of the discipline hydrol ...
defence
List of reserved matters
Reserved matters are subdivided into two categories: General reservations and specific reservations.
General reservations cover major issues which are always handled centrally by the Parliament in Westminster:
* the
Crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
* the constitutional matters listed in Schedule 5 of the 1998 Act
* the
UK Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
* registration and funding of
political parties
* the making of
peace
Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict (such as war) and freedom from fear of violence between individuals or groups. ...
or
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
* international relations and
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
* international development
* international trade
* the
Civil Service of the United Kingdom
*
defence
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indus ...
*
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
Additionally, in Wales, all matters concerning the
single legal jurisdiction of England and Wales are reserved, including courts,
tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
s, judges and legal proceedings. An exception allows the Senedd to create Wales-specific tribunals that are not concerned with reserved matters.
Specific reservations cover policy areas which can only be regulated by Westminster, listed under 'heads':
The reserved matters continue to be controversial in some quarters and there are certain conflicts or anomalies. For example, in Scotland, the funding of
Scottish Gaelic
Scottish Gaelic ( gd, Gàidhlig ), also known as Scots Gaelic and Gaelic, is a Goidelic language (in the Celtic branch of the Indo-European language family) native to the Gaels of Scotland. As a Goidelic language, Scottish Gaelic, as well ...
television is controlled by the Scottish Government, but broadcasting is a reserved matter, and while energy is a reserved matter, planning permission for power stations is devolved.
Previously transferred matters in Wales
Prior to the passage of the Wales Act 2017, issues were only devolved if outlined in the
Government of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom.
It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...
or the
Government of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...
.
Government of Wales Act 1998
The
Government of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom.
It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...
lists the following fields to be transferred to the
National Assembly for Wales
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Go ...
:
*
agriculture
Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people t ...
,
forestry
Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. ...
,
fisheries and
food
* ancient monuments and historic buildings
*
culture
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups ...
(including museums, galleries and libraries)
*
economic development
In the economics study of the public sector, economic and social development is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals and ...
*
education
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...
and
training
Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
* the
environment
*
health
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
and health services
*
highways
A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks. In some areas of the United States, it is used as an equivalent term to controlled-access ...
*
housing
Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether i ...
*
industry
Industry may refer to:
Economics
* Industry (economics), a generally categorized branch of economic activity
* Industry (manufacturing), a specific branch of economic activity, typically in factories with machinery
* The wider industrial sector ...
*
local government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-l ...
*
social services
*
sport
Sport pertains to any form of competitive physical activity or game that aims to use, maintain, or improve physical ability and skills while providing enjoyment to participants and, in some cases, entertainment to spectators. Sports can, ...
and recreation
*
tourism
Tourism is travel for pleasure or business; also the theory and practice of touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tours. The World Tourism Organization defines tourism mor ...
*
town and country planning
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...
*
transport
Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land ( rail and road), water, cable, pipelin ...
*
water
Water (chemical formula ) is an Inorganic compound, inorganic, transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living ...
and
flood
A flood is an overflow of water ( or rarely other fluids) that submerges land that is usually dry. In the sense of "flowing water", the word may also be applied to the inflow of the tide. Floods are an area of study of the discipline hydrol ...
defence
* the
Welsh language
Welsh ( or ) is a Celtic language of the Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales, by some in England, and in Y Wladfa (the Welsh colony in Chubut Province, Argentina). Historically, it has ...
Government of Wales Act 2006
The
Government of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...
updated the list of fields, as follows:
*
agriculture
Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people t ...
,
fisheries,
forestry
Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. ...
and
rural development
Rural development is the process of improving the quality life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas.
Rural development has traditionally centered on the exploitation of ...
* ancient monuments and historic buildings
*
culture
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups ...
*
economic development
In the economics study of the public sector, economic and social development is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals and ...
*
education
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...
and
training
Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
*
environment
*
fire
Fire is the rapid oxidation of a material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction products.
At a certain point in the combustion reaction, called the ignition point, flames a ...
and rescue services and promotion of fire safety
*
food
*
health
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
and health services
*
highways
A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks. In some areas of the United States, it is used as an equivalent term to controlled-access ...
and
transport
Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land ( rail and road), water, cable, pipelin ...
*
housing
Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether i ...
*
local government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-l ...
* the
National Assembly for Wales
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Go ...
*
public administration
Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit est ...
*
social welfare
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
*
sport
Sport pertains to any form of competitive physical activity or game that aims to use, maintain, or improve physical ability and skills while providing enjoyment to participants and, in some cases, entertainment to spectators. Sports can, ...
and recreation
*
tourism
Tourism is travel for pleasure or business; also the theory and practice of touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tours. The World Tourism Organization defines tourism mor ...
*
town and country planning
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...
*
water
Water (chemical formula ) is an Inorganic compound, inorganic, transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living ...
and
flood
A flood is an overflow of water ( or rarely other fluids) that submerges land that is usually dry. In the sense of "flowing water", the word may also be applied to the inflow of the tide. Floods are an area of study of the discipline hydrol ...
defence
* the
Welsh language
Welsh ( or ) is a Celtic language of the Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales, by some in England, and in Y Wladfa (the Welsh colony in Chubut Province, Argentina). Historically, it has ...
Schedule 5 to the 2006 Act may be amended to add specific matters to the broad subject fields, thereby extending the legislative competence of the Assembly.
Devolution in Northern Ireland
Government of Ireland Act 1920
Devolution in Northern Ireland was originally provided for in the
Government of Ireland Act 1920
The Government of Ireland Act 1920 (10 & 11 Geo. 5 c. 67) was an Act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill ...
, which stated that the
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended because of its inability to restore ord ...
could not make laws in the following main areas:
* the
Crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
* the
Union
Union commonly refers to:
* Trade union, an organization of workers
* Union (set theory), in mathematics, a fundamental operation on sets
Union may also refer to:
Arts and entertainment
Music
* Union (band), an American rock group
** ''Un ...
with England, Scotland and Wales
* the making of
peace
Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict (such as war) and freedom from fear of violence between individuals or groups. ...
or
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
* the
armed forces
*
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
or any
relations with foreign states or dominions
*
naturalization
* external trade
*
navigation
Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ...
(including
merchant shipping
Maritime transport (or ocean transport) and hydraulic effluvial transport, or more generally waterborne transport, is the transport of people ( passengers) or goods (cargo) via waterways. Freight transport by sea has been widely used thro ...
)
* submarine cables
*
wireless telegraphy
Wireless telegraphy or radiotelegraphy is transmission of text messages by radio waves, analogous to electrical telegraphy using cables. Before about 1910, the term ''wireless telegraphy'' was also used for other experimental technologies for ...
* aerial navigation
*
lighthouses
A lighthouse is a tower, building, or other type of physical structure designed to emit light from a system of lamps and lenses and to serve as a beacon for navigational aid, for maritime pilots at sea or on inland waterways.
Lighthouses mar ...
*
currency
A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins.
A more general ...
*
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
This was the first practical example of devolution in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and followed three unsuccessful attempts to provide
home rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
for the whole island of
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
:
*
Government of Ireland Bill 1886
The Government of Ireland Bill 1886, commonly known as the First Home Rule Bill, was the first major attempt made by a British government to enact a law creating home rule for part of the United Kingdom of Great Britain and Ireland. It was int ...
*
Government of Ireland Bill 1893
The Government of Ireland Bill 1893 (known generally as the Second Home Rule Bill) was the second attempt made by Liberal Party leader William Ewart Gladstone, as Prime Minister of the United Kingdom, to enact a system of home rule for Ireland. ...
*
Government of Ireland Act 1914
The Government of Ireland Act 1914 (4 & 5 Geo. 5 c. 90), also known as the Home Rule Act, and before enactment as the Third Home Rule Bill, was an Act passed by the Parliament of the United Kingdom intended to provide home rule (self-governm ...
Irish unionists
Unionism is a political tradition on the island of Ireland that favours political union with Great Britain and professes loyalty to the United Kingdom, British Monarchy of the United Kingdom, Crown and Constitution of the United Kingdom, cons ...
initially opposed home rule, but later accepted it for
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, where they formed a majority. (The rest of the island became independent as what is now the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
.)
Direct rule
The
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended because of its inability to restore ord ...
was suspended on 30 March 1972 by the
Northern Ireland (Temporary Provisions) Act 1972
The Northern Ireland (Temporary Provisions) Act 1972 (c. 22) was an Act of the Parliament of the United Kingdom that introduced direct rule in Northern Ireland with effect from 30 March 1972.
The act, which took effect immediately on receiving ...
, with Stormont's legislative powers being transferred to the
Queen in Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
.
Northern Ireland Constitution Act 1973
The Parliament of Northern Ireland was abolished outright by the
Northern Ireland Constitution Act 1973
The Northern Ireland Constitution Act 1973 is an Act of the Parliament of the United Kingdom which received the royal assent on 18 July 1973. The Act abolished the suspended Parliament of Northern Ireland and the post of Governor and made pro ...
; legislative competence was conferred instead on the
Northern Ireland Assembly. The 1973 Act set out a list of excepted matters (sch. 2) and "minimum" reserved matters (sch. 3).
The new constitutional arrangements quickly failed, and the Assembly was suspended on 30 May 1974 having only passed two Measures.
Direct rule again
The Assembly was abolished under the
Northern Ireland Act 1974
The Northern Ireland Act 1974 ( ga, An tAcht um Rialtas na hÉireann) was an Act of the Parliament of the United Kingdom that made provision for the government of Northern Ireland following the collapse of the Sunningdale Agreement. The Act auth ...
, which transferred its law-making power to the
Queen in Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
once again. The 1974 framework of powers continued in place until legislative powers were transferred to the present
Northern Ireland Assembly under the
Northern Ireland Act 1998
__NOTOC__
The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which allowed Westminster to devolve power to Northern Ireland, after decades of direct rule.
It renamed the New Northern Ireland Assembly, established b ...
, following the
Belfast Agreement
The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
of 10 April 1998.
Northern Ireland Act 1998
List of key excepted matters
Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998:
* the
Crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
*
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
*
international relations
International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such a ...
*
international development
*
defence
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indus ...
*
weapons of mass destruction
A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natu ...
*
honours
Honour (British English) or honor (American English; see spelling differences) is the idea of a bond between an individual and a society as a quality of a person that is both of social teaching and of personal ethos, that manifests itself as a ...
*
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
*
immigration and nationality
*
taxation
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, o ...
*
national insurance
National Insurance (NI) is a fundamental component of the welfare state in the United Kingdom. It acts as a form of social security, since payment of NI contributions establishes entitlement to certain state benefits for workers and their fami ...
*
elections
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office.
Elections have been the usual mechanism by which modern representative ...
*
currency
A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins.
A more general ...
*
national security
*
nuclear energy
*
space
Space is the boundless three-dimensional extent in which objects and events have relative position and direction. In classical physics, physical space is often conceived in three linear dimensions, although modern physicists usually cons ...
List of key reserved matters
Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998:
*
navigation
Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ...
(including
merchant shipping
Maritime transport (or ocean transport) and hydraulic effluvial transport, or more generally waterborne transport, is the transport of people ( passengers) or goods (cargo) via waterways. Freight transport by sea has been widely used thro ...
)
*
civil aviation
Civil aviation is one of two major categories of flying, representing all non-military and non-state aviation, both private and commercial. Most of the countries in the world are members of the International Civil Aviation Organization and work ...
* The
foreshore
The intertidal zone, also known as the foreshore, is the area above water level at low tide and underwater at high tide (in other words, the area within the tidal range). This area can include several types of habitats with various species ...
,
sea bed
The seabed (also known as the seafloor, sea floor, ocean floor, and ocean bottom) is the bottom of the ocean. All floors of the ocean are known as 'seabeds'.
The structure of the seabed of the global ocean is governed by plate tectonics. Most of ...
and
subsoil and their natural resources
*
postal services
The mail or post is a system for physically transporting postcards, letters, and parcels. A postal service can be private or public, though many governments place restrictions on private systems. Since the mid-19th century, national postal syst ...
* import and export controls, external trade
*
national minimum wage
The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom.. E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 6(1) From 1 April 2022 this was £9.50 for people age 23 and over, £9.18 for 21- to 22-year-olds, £6 ...
*
financial services
*
financial markets
A financial market is a market in which people trade financial securities and derivatives at low transaction costs. Some of the securities include stocks and bonds, raw materials and precious metals, which are known in the financial ma ...
*
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
*
units of measurement
A unit of measurement is a definite magnitude of a quantity, defined and adopted by convention or by law, that is used as a standard for measurement of the same kind of quantity. Any other quantity of that kind can be expressed as a multi ...
*
telecommunications
Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ...
,
broadcasting
Broadcasting is the distribution of audio or video content to a dispersed audience via any electronic mass communications medium, but typically one using the electromagnetic spectrum ( radio waves), in a one-to-many model. Broadcasting beg ...
,
internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
services
* The
National Lottery
*
xenotransplantation
Xenotransplantation (''xenos-'' from the Greek meaning "foreign" or strange), or heterologous transplant, is the transplantation of living cells, tissues or organs from one species to another. Such cells, tissues or organs are called xenograft ...
*
surrogacy
* human fertilisation and
embryology
Embryology (from Greek ἔμβρυον, ''embryon'', "the unborn, embryo"; and -λογία, ''-logia'') is the branch of animal biology that studies the prenatal development of gametes (sex cells), fertilization, and development of embryos ...
* human
genetics
Genetics is the study of genes, genetic variation, and heredity in organisms.Hartl D, Jones E (2005) It is an important branch in biology because heredity is vital to organisms' evolution. Gregor Mendel, a Moravian Augustinian friar wor ...
*
consumer safety
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
in relation to goods
Devolution of policing and justice
After the suspension of the
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended because of its inability to restore ord ...
, policing and justice powers transferred to the
UK Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
and were subsequently administered by the
Northern Ireland Office
The Northern Ireland Office (NIO; ga, Oifig Thuaisceart Éireann, Ulster-Scots: ''Norlin Airlann Oaffis'') is a department of His Majesty's Government responsible for Northern Ireland affairs. The NIO is led by the Secretary of State for N ...
within the
UK Government
ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd
, image = HM Government logo.svg
, image_size = 220px
, image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg
, image_size2 = 180px
, caption = Royal Arms
, date_est ...
. These powers were not devolved after the
Belfast Agreement
The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
.
The
Hillsborough Castle Agreement
The Hillsborough Agreement was an agreement reached in Northern Ireland that allowed the devolution of policing and justice powers to the Northern Ireland Executive. The agreement was made on 5 February 2010 and included an agreement on contro ...
on 5 February 2010 resulted in the following reserved powers being transferred to the
Northern Ireland Assembly on 12 April 2010:
*
criminal law
*
policing
*
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
* public order
*
courts
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
*
prisons and
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
Some policing and justice powers remain
reserved
Reserved is a Polish apparel retailer headquartered in Gdańsk, Pomerania, Poland. It was founded in 1999 and remains the largest company of the LPP group, which has more than 1,700 retail stores located in over 20 countries and also owns such ...
to Westminster:
* the
prerogative of mercy in terrorism cases
*
drug classification
* the
Serious Organised Crime Agency
The Serious Organised Crime Agency (SOCA) was a non-departmental public body of the Government of the United Kingdom which existed from 1 April 2006 until 7 October 2013. SOCA was a national law enforcement agency with Home Office sponsorship ...
* accommodation of
prisoners in separated conditions
*
parades
A parade is a procession of people, usually organized along a street, often in costume, and often accompanied by marching bands, floats, or sometimes large balloons. Parades are held for a wide range of reasons, but are usually celebrations of ...
* security of
explosives
A number of policing and justice powers remain excepted matters and were not devolved.
These include:
*
extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
(as an
international relations
International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such a ...
matter)
*
military justice (as a
defence
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indus ...
matter)
*
immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...
*
national security (including
intelligence
Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. More generally, it can be des ...
services)
Parity
Northern Ireland has parity with
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It i ...
in three areas:
*
social security
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
*
child support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
*
pensions
Policy in these areas is technically devolved but, in practice, follows policy set by the
Westminster Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
to provide consistency across the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
.
References
External links
Legislation
*
*
*
*
Official guidance (published by the Cabinet Office)
Devolution GuidanceDevolution settlement: ScotlandNorthern Ireland: What is Devolved?Wales: What is Devolved?
Analysis
Constitution Unit, University College LondonDevolution and Constitutional Change Programme
{{DEFAULTSORT:Reserved And Excepted Matters
Government of the United Kingdom
Government of Scotland
Government of Northern Ireland
Government of Wales
Constitution of the United Kingdom
Devolution in the United Kingdom