Reserved matters (Westminster)
In the
United Kingdom reserved matters, also referred to as
reserved powers, are those subjects over which power to
legislate is retained by
Westminster, as stated by the
Scotland Act 1998,
Northern Ireland Act 1998 or
Government of Wales Act 1998.
In
Scotland, matters are explicitly reserved in the Scotland Act with all other matters implicity
devolved to the
Scottish Parliament.
In
Northern Ireland, the powers of the
Northern Ireland Assembly (when it is not suspended) do not cover
reserved matters or
excepted matters. In theory, the distinction is that reserved matters might be devolved at a later date, but that excepted matters will not be considered for further devolution. In practice the difference is minor as changes to either list are within the powers of the Westminster Parliament.
In
Wales, by contrast, certain matters are explicitly devolved to the
National Assembly for Wales and the remainder implicitly reserved.
The
Scottish Parliament was created by the Scotland Act 1998 of the
Parliament of the United Kingdom (Westminster Parliament). This act sets out the matters still dealt with at Westminster, referred to as
reserved matters, including
defence,
international relations,
fiscal and economic policy,
drugs law,
broadcasting and some others. The competence of the Scottish Parliament to legislate ("legislative competence") on a matter is largely determined by whether it is reserved or not.
Anything
not listed as a specific reserved matter in the Scotland Act is automatically
devolved to Scotland, including
health,
education,
local government,
Scots Law and all other issues. This is one of the key differences between the successful Scotland Act 1998 and the failed
Scotland Act 1978.
List of reserved matters
The following is a list of reserved matters:
[http://www.scotland.gov.uk/About/Intro/Issues]*
constitutional matters*
UK foreign policy*
UK defence and national security*
fiscal and economic policy*
immigration and nationality* energy: electricity, coal, oil, gas and nuclear energy
* common markets
* trade and industry, including competition and customer protection
*
drugs law
*
broadcasting*
Elections and the registration and funding of
political parties* some aspects of transport, including
aviation, railways, transport safety and regulation
*
employment legislation and
health and safety*
social security*
gambling and the
National Lottery*
data protection*
firearms,
extradition and emergency powers
*
medicines,
abortion,
human fertilisation and
embryology,
genetics,
xenotransplantation and
vivisection*
equal opportunities*
treason and
misprision of treasonExecutive powers
The executive powers of Ministers of the
Scottish Executive generally follows the same boundaries as the legislative competence of the Scottish Parliament - if the Parliament can legislate about a matter, then any Ministerial powers under statute or the
prerogative are exercised by the Scottish Ministers. However it is also possible for the Scottish Ministers to be given powers in relation to reserved matters, a process known as executive devolution.
The reserved matters continue to be controversial in some quarters, and there are certain conflicts/anomalies, for example, while the funding of
Scottish Gaelic television is controlled by the Scottish Executive, broadcasting is a reserved matter.
*
Scotland Act 1998*
Government of Wales Act 1998*
Northern Ireland Act 1998
