Devolution revision: differences in Scotland and Wales

How has devolution been delivered in these two parts of the Celtic fringe?

Primary not secondary
In 1999 Scotland was granted primary legislative power but Wales was given only secondary legislative power. Wales therefore would only be able to act within the confines of legislation passed by Westminster whilst the Edinburgh Parliament could make original laws, distinct from those made in the UK Parliament. Wales could expand or provide more detail to Acts of Parliament, for instance making amendments to the National Curriculum. Scotland was seen therefore to be a more powerful body since it had more scope to legislate. Note that Wales was given new powers over higher education in 2004 and draft legislation in winter 2006, but is unlikely to have a referendum on having the same powers as the Scottish Parliament until 2011 at the earliest.

Tax varying powers
Scotland was also granted greater fiscal power by being able to vary the basic rate of tax by 3p in the pound. Wales was granted no such power. Scottish legislators would then be able to exercise this power to change public expenditure without needing permission from Whitehall, with the expectation that it would go up rather than down. Indeed both the SNP and the Lib Dems stated that they would consider raising the level of tax in the first term. The transfer of tax-varying powers to Holyrood is said to be a compromise resulting from discussions about what powers the new Parliament would have. Since 1999 there have been demands for increased fiscal autonomy.

More sustained debate
Greater powers can be attributed to there being a more sustained debate about the need for devolution north of the border. The Scottish Constitutional Convention (SCC) was set up in 1988 (stimulated to a fair degree by anger at Thatcher’s plan to introduce the Poll Tax north of the border a year before the rest of the UK would have it) to determine the best framework for governing Scotland. The SCC was a cross-party body and is largely credited with paving the way for a Scottish Parliament. An equivalent body did not exist in Wales and therefore devolution did not have as a high a profile in that region. We should also bear in mind that Scotland has a much more distinct media than in Wales, for instance it has several national newspapers (e.g. the Scotsman) while Wales has none.

Greater tradition of administrative devolution
Another reason used to justify why Wales was given what is now commonly referred to as “devolution lite” is that Scotland has a greater tradition of administrative devolution. The Scottish Office was given much more discretion in deciding how UK laws were administered and it also had a separate church, legal and educational system – hence why Scottish universities usually offer 4 year rather than 3 year degrees.

A nationalist surge?
A les charitable reason to explain why devolution was asymmetrical was that there was a greater need for Scotland to be “bought off”. The SNP were seen as a greater electoral threat than Plaid Cymru and Labour needed to neutralise it.

Reflected in support in referendums
A common mistake by students is the suggestion that Scotland was given more power because voters showed more enthusiasm for the proposals than the Welsh in the twin set of referendums in 1997. This is putting the cart before the horse. The reason why there was a lower Yes vote and lower turnout in Wales was precisely because what they were offered was less significant. Even pro-devolutionists in Wales suggested that the new Assembly would be little more than a “talking shop”.

Policy outcomes
How has the difference in powers manifested itself in policy terms? Certainly Scotland has forged a more distinctive path – or “ploughed a tartan” furrow as one wag put it. They scrapped up-front tuition fees, abolished fox hunting, repealed section 28, gave a generous settlement to Scottish teachers, and introduced free care for the elderly. Despite a more narrow set of powers, the Welsh First Minister, Rhodri Morgan, endeavoured to put “clear red water” between his assembly and New Labour. Witness the abolition of school league tables, free bus travel for pensioners, and free school milk for infants. And since being granted new powers over higher education this element of the Celtic fringe has also scrapped tuition fees for its students.