ABSTRACT

Introduction As discussed in Chapters 1 and 2 , the constitution of the United Kingdom has traditionally been characterised by the unity of its several parts, with centralised government. The history of Ireland and the union of Northern Ireland with Britain is long and complex and is outlined below. Wales became united with England through being conquered in 1262, while the Acts of Union 1706 and 1707 marked the end of the separation of Scotland and England under two sovereign Parliaments. Despite the former attempt at devolution of power to both Wales and Scotland in 1978, the population of neither country then expressed – according to the terms of the referendum – the desire for greater separation from centralised government. Two decades later, however, the political position was much changed. A disenchantment with the extent to which the national Parliament refl ected the views of the people of Scotland, in particular, and Wales, and a rising tide of nationalist regional sentiment, led to change and power being devolved from the centre to the nations. In addition, settlement reached in Northern Ireland under the 1998 Good Friday agreement facilitated the re-establishment of the Northern Ireland Assembly. The Scotland Act 1998 and the Government of Wales Acts 1998 gave effect to devolution of power with the establishment of a Scottish Parliament and the Welsh Assembly. 1

In 2007 the Scottish Parliament and UK Government established the Commission on Scottish Devolution to review the working of Scottish devolution and to make recommendations. The Commission, chaired by Sir Kenneth Calman, reported in 2009. 2

As discussed further below, the Calman Commission Report led to the passing of the Scotland Act 2012, which enhances Scottish devolution, particularly in relation to fi nancial matters. In 2012 the Scottish First Minister announced his intention to hold a referendum in 2014, asking the Scottish people whether they wish to be independent of the United Kingdom and clearly raising the question of the future of the ‘United’ Kingdom.