Abstract

In the short term at least, the outcome of the Scottish Independence referendum has settled the constitutional status of Scotland as part of the United Kingdom. During the referendum campaign, however, the major UK wide parties committed themselves to conferring a package of enhanced devolved powers upon Scotland in the event of a rejection of independence and the exact scope of these powers is in the process of being finalised. Although this ignited calls in Wales and Northern Ireland for an expansion of their own devolved powers, arguably more strongly felt pressures in the aftermath of the referendum have concerned the ‘West Lothian’ question; the fact that decisions on matters which only affect England are taken by a UK Parliament that comprises representatives from all four constituent parts of the UK, whereas the same matters are often legislated upon locally in those other parts of the UK without the involvement of representatives from England. There is much consensus on the need to address this anomaly of the current UK constitutional framework, but less agreement on how this ought to be done. This paper considers the debate over ‘English only votes’ at Westminster and identifies several flaws to such an initiative, which it is argued make it a dangerous mechanism that threatens the integrity of the UK. A new constitutional framework based upon regional or federal mechanisms represents the most logical and workable step forward, but it is doubtful whether sufficient political or public support exists for such a development to take place. The Scottish referendum campaign highlighted, if anything, the extent to which the UK’s future integrity is threatened by ideas of political difference and constitutional reform must take account of such realities. It must not be rushed, but based on sound logic and principle.

Highlights

  • On 18 September 2014, the electorate of Scotland voted in a referendum to reject Scottish independence by a 55–45 % margin

  • The major UK wide parties committed themselves to conferring a package of enhanced devolved powers upon Scotland in the event of a rejection of independence and the exact scope of these powers is in the process of being finalised

  • The pro-Union UK wide political parties had all pledged support during the campaign for the expansion of Scotland’s autonomy in the event of a ‘no’ vote and,2 notwithstanding continued debates over the exact scope of the enhanced powers to be devolved to the Scottish governmental institutions,3 the main focus of the constitutional debate as far as the UK is concerned quickly moved to settle on the ‘English question’

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Summary

Introduction

On 18 September 2014, the electorate of Scotland voted in a referendum to reject Scottish independence by a 55–45 % margin. Those English MPs often have no entitlement to vote on the application of similar measures to the other parts of the UK as the policy areas concerned have been devolved to the institutions established in those regions This is the so-called ‘West Lothian question,’ or what in the broader context of the debate over England’s status in a union where substantial power is devolved to all other constituent parts, is preferable to term the ‘English question’.5. This paper seeks to consider the perceived problem posed by the unique status of England in the current constitutional framework of the UK and possible mechanisms for addressing it It begins by providing some background upon the constitutional development of the United Kingdom through the introduction of devolution for Scotland, Wales and Northern Ireland to the present day. The latter option is arguably the preferred option for addressing the ‘English question’, but the lack of enthusiasm for such a move mean that ad hoc and piecemeal efforts to strengthen local power are perhaps the best that can be hoped for in the foreseeable future

Background
17 See ‘Scottish independence
Findings
Conclusions
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