‘Devolution: A Decade on’ - Justice Committee publishes report

3 Jun 2009

The House of Commons Justice Committee, which examines the expenditure, administration and policy of the Ministry of Justice and its associated public bodies, has published a report dealing with the aftermath of ten years of devolution in the UK.

The report, entitled ‘Devolution: A Decade on’, deals with many issues affecting government in the UK including the future government of England in the aftermath of devolution (the so-called "English Question"), the role of the Secretaries of State and relationships between Scotland, Wales and Whitehall. The report also calls for a review of the Barnett formula, which the Committee claims is "no longer fit for purpose". The formula, which is based on population rather than need, is currently used to allocate funding to the devolved administrations.

The Committee expects Parliament to come under increased pressure to consider ways in which government in England can be reformed to reflect the changing political landscape in the UK post-devolution. A number of different solutions to the English Question have been discussed, including the creation of an English Parliament, the introduction of a policy of English votes for English laws, a change in the electoral system or a reduction in the number of MPs from Scotland and Wales. Decentralisation or devolution within England is also discussed as a possible solution. Whilst there is no consensus as to the way in which the issue should be addressed, many are of the view that government in England is in need of fundamental change.

The Committee has also given its views on the role of Westminster in the process of making Welsh legislation, namely that there remains a "legitimate role for Westminster in scrutinising draft Legislative Consent Orders" to determine whether legislative competence can or should be devolved under the terms of the Act. However, the Committee also calls for greater transparency in relation to the involvement of Whitehall in the legislative process, and calls for the Secretary of State to produce a protocol outlining the principles that would inform his decisions on whether or not to allow draft LCOs to be laid before Parliament.

With regard to the relationships between Scotland, Wales and Whitehall, the Committee takes the view that there is still "a considerable way to go in achieving consistent and effective practices in dealing with devolution issues across all Whitehall departments" and that there is a need for greater understanding in Whitehall of the policy areas devolved to Scotland and Wales. The Committee also emphasised the need for full consultation with the devolved administrations to ensure that their views are taken into account in relation to non-devolved areas.

The Committee also calls for reform of the Barnett formula and urges the Government to state its position and to devise a new, replacement formula. The Committee states that any new formula should be needs based taking into account regional disparities, should be transparent and robust enough to enable long-term financial planning.

Click here to view the report