Unit 8 – Devolution
E1 - Within the unwritten constitution of the UK, constitutional conventions are used to
regulate the behaviour of those who hold power. In the Parliamentary process, there is a
constitutional convention called the Sewel Convention. Which of the following statements
offers the best description of the Sewel Convention?
D - The Sewel Convention requires Parliament to obtain the consent of the devolved
countries where legislation impacts on devolved legislation.
The UK Parliament devolved that power to the countries’ Parliaments.
But they retained the power to take it back.
Most recent test: Miller No. 1, devolved governments were not happy with the UK leaving
the EU; Supreme Court said that no, was a convention
Option D is correct. The Sewel Convention indicates that Parliament should not usually pass
legislation relating to devolved matters without the consent of the devolved legislatures.
Option A is wrong because the government does not need to use a convention such as this
in the House of Commons because it should have the majority it needs to pass the
legislation it wishes to pass.
Option B is wrong because the Sewel Convention only refers to matters which impact on the
devolved powers of devolved legislatures and does not only relate to financial bills.
Option C is wrong because although there is a convention that says that the leader of the
largest party in the House of Commons becomes Prime Minister, it is not called the Sewel
Convention.
Option E is wrong because, although there is a convention which requires the House of
Lords to allow the government to pass legislation which is based on promises made to the
electorate in an election, it is called the Salisbury Convention.
E2 An MP makes a speech in a parliamentary debate in which she defames a well-known
celebrity. The statement is clearly untrue. Which of the following best describes the
whether the celebrity can sue the MP?
B - The celebrity cannot as statements in parliamentary proceedings are absolutely
privileged.
Option B is correct. MPs are immune from civil and criminal proceedings regarding anything
they say in parliamentary proceedings. This is based on article 9 of the Bill of Rights–
freedom of speech.
Option A is wrong because the privilege is absolute and the Speaker cannot waive it. While
there are concerns that MPs may abuse parliamentary privilege by making defamatory
statements, the courts have no jurisdiction even if they do. Options C and D are therefore
wrong.
Option E is wrong, as the reasoning in it relates to the criminal prosecution of MPs for false
accounting in relation to expenses claims.
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Scotland and Wales: similar devolved arrangements (Wales 1998 Act)
Reserved matters: areas specifically listed (e.g., benefits and social security, constitution,
defence, and foreign affairs)
Devolved matters: remainder of what not reserved
Northern Ireland
Excepted matters (reserved matters): will always remain UK Parliament responsibility
Reserved matters: currently UK Parliament responsibility but NI Assembly may ask to be
transferred; areas specifically listed (e.g., broadcasting, consumer safety, intellectual
property)
Transferred matters: everything not excepted/reserved (e.g., agriculture, environment,
health, justice, and policing)
Legislative Consent Motions (LCMs)
• When the UK Parliament wants to legislate on a matter devolved to the Scottish
Parliament, it will, pursuant to the Sewell Convention, see the Scottish Parliament’s
consent before the legislation in question
• LCMs are often uncontroversial
• Scottish Parliament has often been willing to pass LCMs (exception: legislation
regarding the UK withdrawal from the EU)
•
Chris and Asha allege that they were subjected to bullying in the workplace while
employed at Wessex Fashion Group plc (‘WFG’) by the well-known boss of WFG,
Pierre Rouge. The allegations were investigated and a settlement reached on the
basis that Chris and Asha entered confidentiality agreements, under which they
would not make any information relating to their allegations public.
The Daily News has been investigating the activities of Wessex Fashion Group plc and now
plans to publish a report which includes details of the allegations made by Chris and Asha.
They notify WFG of their intention and Pierre Rouge commences court proceedings,
asserting that to publish these details would breach the law. As part of the court
proceedings, Pierre Rouge obtains an injunction which prevents him being named in the
media whilst the court proceedings are ongoing.
Sylvia Day MP attends a debate on employment rights in the House of Commons. During the
debate she texts her colleague, Bruce Pulpit MP, saying that she knows that court
proceedings are being brought by Pierre Rouge and daring Bruce to name him. Bruce then
stands up and names Pierre Rouge as the boss of the fashion house at the heart of the
bullying scandal.
Fiona Goodright MP is a good friend of Pierre Rouge. She is outraged that her friend has
been publicly named and tells Bruce Pulpit to retract his statement. Bruce refuses and a
scuffle breaks out, during which Fiona punches Bruce giving him a broken nose. The police
arrive and arrest Fiona for assault. She objects to being arrested on the basis that it
breaches Parliamentary privilege.
The next day Pierre Rouge instructs his solicitors to begin defamation proceedings against
Bruce and Sylvia.
Consider to what extent Parliamentary privilege would apply to these facts. Your tutor will
allocate you into groups to work on this task.
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