1.3 - Devolution in England

England and the West Lothian question

England has no equivalent national devolved legislature, so many decisions about English domestic policy are made by UK institutions.

The UK Parliament legislates both for the whole UK in reserved fields and for England where corresponding powers are devolved elsewhere. UK ministers therefore combine UK-wide responsibilities with responsibilities chiefly applying to England. Councils and regional authorities handle other functions, but they do not constitute an English Parliament.

The West Lothian question asks why MPs from Scotland, Wales or Northern Ireland can vote on England-only matters at Westminster when English MPs cannot determine equivalent devolved policy in those nations. It concerns asymmetrical legislative participation, not the claim that all MPs from devolved nations lack a legitimate interest in every UK bill. Funding or UK-wide implications may also complicate apparently England-only decisions.

English Votes for English Laws (EVEL) procedures were introduced through Commons Standing Orders in 2015. Relevant certified legislation required an additional consent process involving MPs from the affected territory. EVEL did not establish a separate English legislature or remove the overall Commons from the legislative process. The procedures were suspended in 2020 and abolished on 13 July 2021. Parliament's account gives the dates and mechanism.

This distinguishes two constitutional questions. Regional devolution asks whether decisions about transport or investment should move closer to English communities. EVEL addressed the voice of English MPs within Westminster legislation. A mayor with transport powers does not by itself solve the West Lothian question, because it does not provide an England-wide legislative consent mechanism.

Supporters of the current arrangement can argue that England's substantial representation at Westminster provides a strong voice without another national institution. Critics can argue that combining English and UK government makes constitutional accountability unclear. These are rival judgements about representation and institutional design, not proof that England has no governing institutions.

London's Mayor and Assembly

London's settlement combines a directly elected regional executive with an elected body that scrutinises it.

The Greater London Authority Act 1999 created the Mayor of London and London Assembly, first elected in 2000. The Mayor develops strategic policy across London, with responsibilities including transport, planning, housing, environmental policy and policing oversight through the relevant bodies. These powers do not make the Mayor the government of England or give the Assembly the Scottish Parliament's general primary law-making competence.

Transport illustrates the mechanism. The Mayor directs transport strategy and oversees Transport for London, allowing coordination across borough boundaries. A journey can cross several councils, so regional planning may address a problem that individual boroughs cannot easily solve alone. Councils continue to provide important local functions: devolution does not make every local decision mayoral.

The 25-member London Assembly scrutinises the Mayor through questions, committees and investigations. It must be consulted on statutory strategies and can amend the draft budget or reject strategies through the applicable two-thirds majority procedures. It does not normally enact a programme of primary laws equivalent to a national devolved parliament. The Assembly explains its role and powers.

The Mayor can set important strategic priorities, but statutory limits and funding constrain delivery. Policing oversight is also distinct from ordering an operational police investigation. A useful analysis identifies the responsible institution and kind of authority, instead of treating a prominent elected politician as having unlimited control.

The potential benefit is a recognisable executive whom voters can reward or remove. The Assembly provides scrutiny between elections. A limitation is the possibility that a highly visible Mayor overshadows a less familiar Assembly, while a demanding voting threshold restricts the Assembly's capacity to alter major decisions. These are questions about effective accountability, even where formal scrutiny powers exist.

Combined authorities and local control

Combined authorities allow councils to coordinate regional functions while retaining their separate local responsibilities.

A combined authority is a statutory body bringing together local authorities to exercise agreed functions across an area. Combined county authorities provide a related structure suited to certain county arrangements. Some have directly elected mayors; the particular statutory settlement determines which powers belong to the mayor, the combined body or its constituent councils.

The Cities and Local Government Devolution Act 2016 supported mayoral combined authorities and the transfer of functions through secondary legislation. Devolution deals have covered transport, adult skills, housing, investment and economic development, with further responsibilities in some places. These deals have not given every area identical powers or general authority to enact primary legislation.