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Introduction
Since 1998 the constitutional structure of the United Kingdom has undergone dramatic changes. Through the process of devolution certain powers formally vested in the U.K. Parliament have been transferred to new legislative bodies located in Scotland, Northern Ireland and Wales. These legislative bodies are responsible for promulgating primary and/or delegated legislation in a wide variety of areas. For the legal researcher the process of locating primary or delegated legislation extending to, or exclusive to these regions has been revolutionized by these changes. This article will outline the process of devolution and discuss how it has impacted online legal research for Scotland, Wales and Northern Ireland.
of the referendum was emphatic support for not only a Scottish parliament (74.3% in favor) but also the ability of the parliament to vary taxes (63.5% in favor). Following the referendum the government continued to place devolution for Scotland on the fast track. In December of the same year the government introduced the Scotland Bill into the House of Commons. The large parliamentary majority enjoyed by the Labour government assured successful passage of the legislation through both houses. The bill received the Royal Assent in November 1998 and became The Scotland Act 1998. With the passage of The Scotland Act 1998 the origins and availability of legislation, primary and delegated, affecting Scotland have changed. Prior to July 1, 1999 (when the Act came into force) primary legislation for the region was solely the responsibility of the U.K. Parliament. This legislation was either in the form of national legislation that extended to the region, as defined by the extent clause at the end of the act, or legislation specific to the region, identifiable by the use of the word 'Scotland' in parenthesis before the word 'Act.' Availability of U.K. parliamentary material has traditionally been through a variety of publications: The Public & General Acts and Measures published by The Stationery Office, The Law Reports Statutes,Current Law Statutes, and Statutes In Force. It should be noted that Halsburys Statutes of England & Wales does not contain the text of acts, or sections of acts, extending only to Scotland. Her Majestys Stationery Office (H.M.S.O.) has made available full text copies of U.K. acts of Parliament dating back to 1988 on its U.K. Legislation web site. The same material is also available on the British and Irish Legal Information Institutes (BAILII) U.K. site. The long-standing online service for U.K. legal material has beenLexis. Coverage in the UK, STAT file includes All Public General Acts of England and Wales currently in force, as amended. These include all acts covered by Halsbury's Statutes of England and Wales. Those sections of very old Acts, such as the Magna Carta and the Statute of Marlborough Westminster (dated 1267), that are still in force are also available. Westlaw, on the other hand, is a relative newcomer to the U.K., however they have quickly developed extensive and useful databases of U.K. materials. Westlawcoverage of acts of the U.K. Parliament consists of statutes including company commercial, intellectual property, property, tax, personal injury and litigation consolidated by the editors at Sweet & Maxwell. The Law in Force coverage for statutes begins in 1267.
Acts passed by the Scottish Parliament ("ASP") can be located using the following sources. The H.M.S.O.Scottish Legislation web site contains full text versions of ASPs. The aim of the H.M.S.O. is "to publish these documents on the Internet simultaneously or at least within 24 hours of their publication in printed form. However, any document which is especially complex in terms of its size or its typography may take longer to prepare." Print versions of ASPs can be located in sessional volumes published by The Stationery Office and in Current Law Statutes. In addition, selected ASPs are reproduced in theParliament House Book, a five-volume looseleaf set published by Green. ASPs are often first listed on the Stationery Office's Daily List. In addition this site provides information on other Scottish Parliamentary publications. ASPs are not yet available through BAILII, however it appears that these may become available soon. In spring 2001 Westlaw introduced a series of new Scottish databases, including one containing legislation specifically or primarily affecting Scotland (UKSCO-ST). This database includes acts of the U.K. government and the Scottish Parliament. Other databases in this series include Scottish legislation in force since 1706 (UKSCO-LIF), a Scottish legislative locator (UKSCO-LEGISLOC), and a database for Scottish delegated legislation (see below). Lexis does not provide coverage of Scottish legislation. The passage of legislation through the Scottish Parliament is somewhat different than the process employed in the U.K. Parliament. Since the Scottish Parliament is a unicameral body the passage of a bill is understandably less complex than in its London counterpart. A Scottish Parliament bill encounters four stages in the parliamentary process. The Scotland Act 1998 called for bills to proceed through a three stage process, however the Consultative Steering Group on the Scottish Parliament indicated in their report, Shaping Scotlands Parliament, that a four stage process should be employed. Stage 1 is deliberation on the principles of the bill by a lead committee. At this stage a determination is made as to whether the scope and purpose of the bill is acceptable. This determination is then reported to a plenary session of Parliament. In stage 2 the plenary session of Parliament debates and votes on the principles of the bill. The details of the bill are discussed in Stage 3. In Stage 3 the bill is assigned to one or more committees. It is at this stage that amendments to the bill can be made. Stage 4 is the final debate and voting stage before another plenary session. Once again amendments can be made, however there are strict guidelines concerning the extent of amendments at this stage. The Official Report carriescommittee discussion and floor debate from the plenary session of Parliament. The passage of a bill can be tracked using the Current Bulletin (a resource very similar in style to the Weekly Information Bulletin of the House of Commons) in conjunction with WHISP (Whats Happening In the Scottish Parliament), a weekly publication providing information on the workings of the Scottish Parliament. It is important to realize that the above procedures apply to those types of bills known as Executive Bills. These are bills presented to Parliament by the Scottish Executive. Other types of bills include Committee and Private Members bills, each of which follow a slightly different process.
while the latter is used to locate UK statutory instruments that were made either exclusively or primarily for Scotland. UK statutory instruments are also available on Lexis, Westlaw, and BAILII. The Scottish Executive exercises Scottish delegated legislation, made under powers granted by acts of the Scottish Parliament (The Scotland Act 1998 s.112). The Scottish Executive is comprised of the First Minister, Scottish Ministers appointed by the First Minister, the Lord Advocate, and the Solicitor General (The Scotland Act 1998 s.44). The Scottish Executive can only make delegated legislation on matters that are within its devolved competence as defined by section 54 of The Scotland Act 1998. The majority of Scottish Statutory Instruments (S.S.I.s) are reviewed by the Scottish Parliament prior to coming into force. This process of reviewing S.S.I.s is very similar to the one adopted by the U.K. Parliament, and includes subjecting the S.S.I. to either affirmative or negative procedure. Peter Clinch provides a useful description of the Scottish Parliament's review of S.S.I.s in Using a Law Library: A Students Guide to Legal Research Skills (Blackstone, 2000). S.S.I.s are cited by their title, and are assigned a sequential number according to the chronological order in which the Queens Printer receives the S.S.I. For example, The Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2001 SSI 2001/16 refers to the 16th Scottish Statutory Instrument made in 2001. S.S.I.s are made available full-text on the Scottish Legislation web site either instantaneously or within 24 hours of their print publication. Draft S.S.I.s are also made available at this site. The Stationery Office's Daily List often provides the first notification of new S.S.I.s. The Queens Printer publishes print versions of S.S.I.s, in both individual and cumulative bound versions. The Parliament House Bookpublishes select S.S.I.s following the authorizing ASP. Westlaw has recently made S.S.I.s available in a new database (UKSCO-SI) alongside U.K. statutory instruments affecting Scotland. BAILII provides an entry for S.S.I.s in their Scotland database, but as yet this is unlinked. Lexis does not provide coverage of Scottish delegated legislation.
The Assembly, a corporate body comprised of 60 elected members, is led by the First Secretary and a cabinet. The proceedings of the Assembly, including background information and documents laid before the Assembly, are available on the National Assembly of Wales web site. Legislation made by the Assembly, in the form of Statutory Instruments, is published by Her Majestys Stationery Office on theWelsh Legislation web site. It should be noted that all documents produced by or on behalf of the Assembly are available in English and Welsh. Welsh S.I.s are identified by a parenthetical reference to Wales in the title and number of the citation, e.g., SI 2000/1079 (W. 72) The Homelessness (Wales) Regulations 2000). Primary legislation for the U.K. made exclusively or primarily for Wales is available on the Welsh Legislation web site, while U.K. primary and secondary legislation extending to the principality is made available in the sources cited above. Westlaw provides access to delegated legislation made by the National Assembly for Wales as part of its UKSI database. BAILII currently does not provide access to this material, however there is an unlinked entry for Welsh legislation on their database page. Lexisdoes provide coverage of delegated legislation made by the National Assembly for Wales. This material is located in the Statutory Instruments of England and Wales file.
Assembly's powers. Entrenched matters include theHuman Rights Act 1998, the European Communities Act 1972, and other basic constitutional documents as outlined in section 7 of the act. These matters can not be altered or amended by the Assembly. Excepted matters are defined in section 6 as matters that are outside of the legislative competence of the Assembly, and are listed in schedule 2 of the Northern Ireland Act 1998. Reserved matters are those matters which are within the legislative competence of the Assembly but can only be legislated on with the consent of the Secretary of State for Northern Ireland. Reserved matters are outlined in schedule 3. All other matters are considered transferred matters and are deemed within the legislative competence of the Assembly. The Northern Ireland Assembly web site provides researchers with access to a variety of information including general information concerning the body, a calendar of events, and services for tracking legislation (primary and secondary) through the Assembly. Bills may be tracked through the various legislative stages and can be accessed full-text together with committee reports. Floor debate may be located using the Official Report, a daily Hansard publication. The legislative process adopted by the Assembly is very similar in practice to the one outlined above for the Scottish Parliament. It should be noted that in keeping with the other legislative bodies in the U.K. the acts of the Northern Ireland Assembly are published by the H.M.S.O. on behalf of the Government Printer for Northern Ireland, and are therefore not located on the Assemblys web site. Since 1998 primary legislation for Northern Ireland has included legislation promulgated by the new Northern Ireland Assembly, acts of the U.K. government extending to Northern Ireland, and Orders in Council made for the province by the U.K. government. Orders in Council are a form of secondary legislation considered primary legislation for Northern Ireland. They have been used since the first period of direct rule in 1972, however since 1998 their use has been limited to periods when the Assembly has been suspended. Acts of the U.K. government that extend to Northern Ireland may be located in the traditional U.K. primary legislation sources described above. Acts of the U.K. government which apply primarily or exclusively to Northern Ireland may be located on the H.M.S.O. Northern Ireland Legislation web site. Acts of the new Northern Ireland Assembly are also published by the H.M.S.O. on the Northern Ireland Legislation web site and are available in hard copy. U.K. Orders in Council, made by and with the advice of the Privy Council, are published full text on the Northern Ireland Legislation site.BAILII provides coverage of the Revised Statutes Northern Ireland, a set that includes legislation made by Stormont and by the first Assembly. Lexis and Westlaw do not provide coverage of Northern Ireland Assembly legislation. Initial notification of the publication of official documents for Northern Ireland is in the Stationery Offices Daily List.
Conclusion
Scotland, Wales, and Northern Ireland have achieved different levels of devolution at a time when the availability of government information online has proliferated. The net result for the legal researcher is that although a more complex constitutional structure is in place, the availability of official documents from the new legislative bodies mitigates some of the difficulties one might expect to encounter with a new system of government. Nonetheless the events of the past few years have created a multi-layer system of government for Scotland, Wales, and Northern Ireland, and it therefore behooves anyone involved in researching the law of the United Kingdom to take into account the existence of these new legislative bodies. The existence of the Scottish Parliament, the National Assembly for Wales, and the new Northern Ireland Assembly, alongside the U.K. Parliament falls short of a federal system of government for the United Kingdom. However, U.K. legal research is starting to adopt a flavor more associated with the United States, Australia or Canada in which both national and regional (state, provincial, or territorial) variances in law must be considered. While the term 'devolution' has been used throughout this article in describing the recent constitutional changes in the U.K., the term 'revolution' would be more appropriate for describing the changes in online legal research witnessed by law librarians and legal researchers.
The process of devolution has always been dynamic and asymmetrical, with individual settlements for Scotland, Wales and Northern Ireland. These continue to evolve separately and centrifugally towards more devolved powers. The continuation of this trend requires the assent of the UK Parliament. With a combined 27 seats, the nationalist and Northern Ireland parties may well extract high prizes for their participation in crucial votes.
Scotland
The SNP minority Government in Scotland has called for independence, and having launched a National Conversation on independence and responsibility in a modern world, is taking forward a Referendum Bill in the Scottish Parliament. Partly in response to the SNPs plans, the Calman Commission was established in 2008 to review the Scotland Act 1998, with the support of the UK Government and the three main unionist parties in the Scottish Parliament. The Commission made 63 recommendations on strengthening devolution; co-operation between Parliament and governments; the Scottish Parliament; financial accountability and tax-raising powers. Responsibility for implementing the recommendations lies variously with the UK Government and both the Scottish and UK Parliaments. The coalition Government has pledged to implement Calman. How will the tensions between the parties approaches and those of the Parliaments at Westminster and Holyrood affect the evolution of the devolution settlement?
Wales
Under the Government of Wales Act 2006, the Assembly can pass legislation known as Measures in matters where the UK Parliament has agreed that it should have the powers to do so. Powers to make Measures in new areas can be granted in framework provisions included in UK Acts or in Legislative Competence Orders (LCOs). LCOs are effectively requests from the Assembly for additional powers, which have to be approved by the UK Parliament. There is likely to be re-examination of the balance between the use of framework provisions and LCOs, the complex procedures for granting LCOs, and the role of (Welsh) MPs in these processes. The Government of Wales Act 2006 also allows the Assembly to acquire full law-making powers across all devolved matters. The process has five main stages: 1. A two-thirds majority in favour in the Assembly 2. A decision within 120 days by the Secretary of State for Wales either to lay a draft Order to hold the referendum or to refuse to do so, giving reasons
3. Approval of the Order by both Houses of the UK Parliament 4. Approval of the Order by the Assembly 5. A majority yes vote in a referendum We have reached the second stage: the Assembly voted in favour of a Welsh Assembly Government motion for such a referendum on 9 February 2010. The coalition Government has agreed to allow the referendum process to go forward. Should the pace of devolution be decided exclusively in Wales or should this be a joint decision with Westminster? Would Wales vote yes? Current polls suggest a narrow majority in favour.
Northern Ireland
Northern Ireland has had an Assembly and Executive for three years, but neither is yet seen to be functioning efficiently. Northern Ireland absorbs disproportionate Whitehall time and energy because of the fear of a return to a power vacuum which might be filled by terrorism. To ensure that the recently agreed devolution of policing and justice in 2012 works in practice is likely to remain a major objective for the UK Government, despite attempts to ensure that problems are resolved in Northern Ireland rather than being referred to the UK and Ireland. The representation of all four major Northern Ireland parties in the Executive means that the concept of Cabinet collective responsibility familiar at Westminster does not apply. The Assembly has been slow to legislate and to show that devolution can make a difference to bread and butter issues such as education or health services. Several strains are developing in relation to one of the essential characteristics of the Belfast Agreement, the cross-community vote, before major decisions are taken. The DUP has called for reform together with a reduction in size of the Assembly. The Conservatives alliance with the UUP yielded no results in terms of seats, indicating that the re-integration of Northern Ireland politics with the mainland remain remote. Instead, the Unionist parties might form a united bloc to head off any prospect of a Sinn Fein First Minister. After an initial surge in the early 2000s, Sinn Feins support in the Republic is relatively low, although its support in the North remains solid. The prospect of the party winning a referendum for union with the Republic (provided for in the Northern Ireland Act 1998) looks unlikely in the short to medium term. Will Northern Irelands parties continue to focus on identity issues, or on more mainstream concerns?
The British Parliament has been in existence since 1215, when King John signed the Magna Carta, and is one of the oldest in the world. The workings of it have changed through the ages and below is a brief description of the ways in which it works. Parliament consists of two chambers, the House of Commons, consisting of members of parliament who are elected, and the House of Lords, consisting of unelected peers. The Sovereign, at the moment Queen Elizabeth II, is the third part of the Parliament. The government is officially known as Her Majesty's Government. The Queen has, in principle, a lot of power over the government, but chooses not to exercise that power. This position has emerged through the ages, though at one time the Sovereign exercised a lot of power over the government, and the country.
Elections
At least every five years there is a general election, when the MPs are elected. The Prime Minister decides on the timing of the election, and can call an election at any time, but one must be called within five years of the one before. It is usual for an election to be called after four years. A motion of no confidence can be brought against a government, which, if successful, will result in an early general election. They are rare however, and are likely to bolster support for the government if it fights off such a challenge. There is potential for a by-election where one constituency has to elect a new MP. This happens if the MP cannot serve as MP, such as if they die, resign2, or become a member of the House of Lords3. This allows a new MP to be elected.
The Government
After a general election, in general, the party with the most MPs become the government, and the party with the next lowest number of MPs forms the official opposition. This always happens if one party has a majority of MPs. The leader of the government party will become the Prime Minister. The government in the House of Commons sits on the government benches, and the opposition and all other MPs sit on the opposition benches on the other side of the House. It is usually necessary for a government to have the majority of the MPs in the country. If no party has an overall majority, the party with the most MPs has the first chance to form a coalition. In a coalition government, the government consists of two parties rather than one, and there will need to be some compromise on issues where the parties disagree, although the coalition will almost certainly be between parties with similar views. It is usually advantageous to both parties, who have more power together than they would otherwise.
The Opposition
The official opposition has few privileges attached to it, but usually the opposition has a greater voice in speaking out against the government, and the media will pay more attention to the opposition than
more minor parties. There is very little that the opposition can do that other parties cannot, but the opposition having more MPs has more power to oppose laws, especially if the government is divided over an issue. It can also use this power to help it dictate the business of the House.
The Cabinet
The Cabinet are the main people who run the country, with the Prime Minister in charge, and other ministers having their own department or ministry. They are each responsible for some area of public policy such as education, health and transport. A minister has some freedom in the decisions (s)he can make, but in some cases legislation is needed, which requires the support of both houses of Parliament (see 'The Passing of Laws' below) Ministers are chosen by the Prime Minister, and are usually chosen from the government party. Most cabinet posts need to be held by MPs. Some minor posts can be held by members of the House of Lords, but only MPs can debate issues in the House of Commons, so it would be unlikely for someone not an MP to have a high profile role in the government, as they would not be able to defend their position in the House of Commons.
The Parties
Most parties give their leader, and other important party members, a safe seat4 to represent. It would be a political embarrassment if the party leader, or high-profile members of a party ,were to be elected out of office. In the case of a cabinet minister, they could not serve as minister until, and unless, they are re-elected. It is possible for a member of a political party to stand for election in any constituency, but they could be expelled from a party for standing against one of their fellow party members, and this is not usually in the interests of either, as they could split the vote, and allow another party in.
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Peers may have some loyalty to some political party, but there is less of a compulsion to follow the wishes of any party, than for MPs. They cannot be expelled from the House of Lords by being voted out, so have less need for the support of a party, although peers may feel some loyalty to one party. At the time of writing, the government is reforming the House of Lords, and has appointed so called people's peers, who are not chosen for their affiliation to any political party, but are, in theory, appointed on merit, by an independent committee. This has not met with much success, as the people chosen were not ordinary members of the public. It may be that the House of Lords becomes fully elected, but it is unlikely to be the priority for any government, and slow progress is likely on this issue.
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If both houses accept the bill then it, possibly having been amended, will go to the Queen to sign it. The Sovereign is unlikely to decline this, and the last time the Royal Assent, as this is known, was refused was in 1707. At one time, the Sovereign would have used his/her power a lot more, but more recently the Sovereign has deferred to parliament. Mostly government bills are passed as stated, with few changes as the government will almost always have a majority, so can usually force through bills, if the government's MPs vote with the government. The greater the majority, the easier this is. Most parties have individuals in them called Whips who have a role of keeping their party's members informed of parliamentary business, and also try to make sure that the MPs vote in favour of their party. In a coalition government the situation is different, as the two parties may disagree on many issues.
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The motions can be endorsed by other MPs, by signing them, and amendments can be made, by the MPs, and the amended motion may be signed. This system can give an indicator of the views of the MPs, and is also used to raise issues when there is little or no time to debate them. They, in themselves, may not become law, although they can, but can be a way of drawing attention to the need for law to be made, or action taken in the case in question. There is limited time for debate of bills in the House of Commons, so private members bills are presented to the MPs, and some of these are voted for. The successful bills are then given time for debate, and have a chance of becoming law, given support of the MPs. Also, the ten-minute rule allows for a short speech in favour of a bill, and a short speech against it. This can be an attempt at law, but may be an attempt to highlight an area of concern. The time for this bill is when the House will usually be full, and the press are likely to be present, and the MP in question is likely to be able to get a lot of publicity, even if the bill does not make law.
Devolution
In the last few years, the government has devolved some power over Scotland, Wales and Northern Ireland to parliaments in these countries, called respectively the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly. This allows them some power over issues only affecting their country. At the moment, the Welsh Assembly, Scottish Parliament, and the Northern Ireland Assembly, allow these countries to have more control over certain issues in their countries. Wales and Scotland, and Northern Ireland still have MPs in the British parliament. This is a source of controversy, as Scottish, Welsh and Northern Irish MPs can vote in issues that only affect England, but not the other way round6.
Conclusion
The British Parliament is currently changing in a number of ways. However, this entry is meant to give a guide to the system at the current moment. For other information about the Parliament, and the devolved governments, the following Links might be useful. They are links to the official websites of the parliaments.
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