Act of Parliament | |
Long title | An Act to amend Government of Wales Act 2006 and the Wales Act 2014 and to make provision about the functions of the Welsh Ministers and about Welsh tribunals; and for connected purposes. |
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Citation | 2017 c. 4 |
Introduced by | Alun Cairns (Commons) Lord Bourne of Aberystwyth (Lords) |
Territorial extent | United Kingdom |
Dates | |
Royal assent | 31 January 2017 |
Other legislation | |
Relates to | Harbours Act 1964 Government of Wales Act 1998 Government of Wales Act 2006 Police Reform and Social Responsibility Act 2011 Wales Act 2014 |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Revised text of statute as amended |
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 Command Paper.
The bill was proposed by the Conservative Party in its manifesto for the 2015 general election. [1]
The draft Wales Bill was presented in October 2015 [2] and faced much criticism from the public over tests for competence (also known as "necessity tests"). As a result, the bill had been put on hold by the beginning of 2016. [3] [4] An amended bill was introduced into the House of Commons on 1 June 2016.
One of the most important provisions is that the Act moved Wales from a conferred matters model to a reserved matters model, which is used in Scotland under the Scotland Act 1998. [5] The Act repealed the provision of the Wales Act 2014 for a referendum in Wales on devolution of income tax.
The Act gives extra powers to the National Assembly for Wales and the Welsh Government: [6]
The Act recognised the National Assembly for Wales and the Welsh Government as permanent among UK's constitutional arrangements, with a referendum required before either can be abolished. The Act has also recognised that there is a body of Welsh law and it established the position of President of Welsh Tribunals. [10]
The West Lothian question, also known as the English question, is a political issue in the United Kingdom. It concerns the question of whether members of Parliament (MPs) from Northern Ireland, Scotland and Wales who sit in the House of Commons should be able to vote on matters that affect only England, while neither they nor MPs from England are able to vote on matters that have been devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd. The term West Lothian question was coined by Enoch Powell MP in 1977 after Tam Dalyell, the Labour MP for the Scottish constituency of West Lothian, raised the matter repeatedly in House of Commons debates on devolution.
The Senedd, officially known as the Welsh Parliament in English and Senedd Cymru in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees to certain taxes, and scrutinises the Welsh Government. It is a bilingual institution, with both Welsh and English being the official languages of its business. From its creation in May 1999 until May 2020, the Senedd was officially known as the National Assembly for Wales and was often simply called the Welsh Assembly.
The Scotland Act 1998 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. It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland.
The Welsh Government is the executive arm of the devolved government of Wales. The government consists of cabinet secretaries and ministers. It is led by the first minister, usually the leader of the largest party in the Senedd, who selects ministers with the approval of the Senedd. The government is responsible for tabling policy in devolved areas for consideration by the Senedd and implementing policy that has been approved by it.
The Government of Wales Act 1998 is an Act of the Parliament of the United Kingdom. Passed in 1998, the act created the National Assembly for Wales, Auditor General for Wales and transferred devolved powers to the assembly. The act followed the 1997 Welsh devolution referendum.
Referendums in the United Kingdom are occasionally held at a national, regional or local level. Historically, national referendums are rare due to the long-standing principle of parliamentary sovereignty. Legally there is no constitutional requirement to hold a national referendum for any purpose or on any issue. However, the UK Parliament is free to legislate through an Act of Parliament for a referendum to be held on any question at any time.
The Scottish devolution referendum of 1997 was a pre-legislative referendum held in Scotland on 11 September 1997 over whether there was support for the creation of a Scottish Parliament with devolved powers, and whether the Parliament should have tax-varying powers. The result was "Yes–Yes": a majority voted in favour of both proposals, and the Parliament was established following an election in 1999. Turnout for the referendum was 60.4%.
The 1979 Welsh devolution referendum was a post-legislative referendum held on 1 March 1979 to decide whether there was sufficient support for a Welsh Assembly among the Welsh electorate. The referendum was held under the terms of the Wales Act 1978 drawn up to implement proposals made by the Kilbrandon Report published in 1973.
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate.
Welsh law is an autonomous part of the English law system composed of legislation made by the Senedd. Wales is part of the legal jurisdiction of England and Wales, one of the three legal jurisdictions of the United Kingdom. However, due to devolution, the law in Wales is increasingly distinct from the law in England, since the Senedd, the devolved parliament of Wales, can legislate on non-reserved matters.
A referendum on the powers of the National Assembly for Wales was held on 3 March 2011. Voters were asked whether the Assembly should have full law-making powers in the twenty subject areas where it has jurisdiction. The referendum asked the question: ‘Do you want the Assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?’
Scottish devolution is the process of the UK Parliament granting powers to the devolved Scottish Parliament. Prior to the advent of devolution, some had argued for a Scottish Parliament within the United Kingdom – while others have since advocated for complete independence. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in 1997, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to the Scotland Act 1998 being passed and the Scottish Parliament being established in 1999.
In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd, the Northern Ireland Assembly and the London Assembly and to their associated executive bodies: the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities.
The Commission on Devolution in Wales, also known as the Silk Commission, was an independent commission established by Welsh Secretary Cheryl Gillan on 11 October 2011. The commission was based at the Wales Office Cardiff headquarters, at Cardiff Bay and met for the first time on 4 November 2011 at the Millennium Stadium, Cardiff. The commission reviewed the case for the devolution of fiscal powers to the Welsh Assembly, now the Senedd, and considered the case for increasing the powers of the assembly. It published its findings in two parts.
The Wales Act 2014 is an act of the Parliament of the United Kingdom.
The Scotland Act 2016 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 Smith Commission, which was established on 19 September 2014 in the wake of the Scottish independence referendum.
Federalism in the United Kingdom aims at constitutional reform to achieve a federal UK or a British federation, where there is a division of legislative powers between two or more levels of government, so that sovereignty is decentralised between a federal government and autonomous governments in a federal system.
Taxation in Wales typically comprises payments to one or more of the three different levels of government: the UK government, the Welsh Government, and local government.
Welsh devolution is the transfer of legislative powers for self-governance to Wales by the Parliament of the United Kingdom. The current system of devolution began following the enactment of the Government of Wales Act 1998, with the responsibility of various devolved powers granted to the Welsh Government rather than being the responsibility of the Government of the United Kingdom.
There have been calls for further Welsh devolution, increasing the autonomy for Wales, since the Welsh legislature of the Senedd was founded following the 1997 Welsh devolution referendum.