GENERAL PRINCIPLES
5. The powers to be given to the devolved legislatures
of Scotland, Wales and Northern Ireland differ. Perhaps the most
crucial difference is that the Scottish Parliament will have powers
to make its own primary legislation while the Welsh Assembly will
have to rely on Westminster to find time for any primary legislation
it considers desirable, but the other differences are extensive
and far reaching.[4]
In spite of this, we have sought to identify common principles
which should underlie our recommendations. These principles are
as follows:
— in passing the legislation which underlies
devolution, Parliament has agreed that certain powers and responsibilities
should pass from it to the devolved legislatures; parliamentary
procedure or custom should not be called in aid to undermine that
decision;
— there should be as few procedural barriers
as possible to co-operation between Members of Parliament and
Members of other legislatures, where such co-operation is desired;
— it is legitimate for all Members of the
United Kingdom Parliament to have an interest in matters which
remain the responsibility of the United Kingdom Parliament; however
Members from an area to which powers have been devolved will have
a particular interest in business affecting that area;
— even though uniformity is impossible,
it is desirable that there should be as much consistency as possible
in the way in which the House deals with matters relating to the
devolved legislatures.
As many witnesses said, the House should respect
the fact of devolution and try not to interfere with matters that
are the responsibilities of the devolved legislatures.[5]
It will take time and tolerance on all sides to come to a satisfactory
understanding of the boundaries between Westminster rights and
responsibilities and the rights and responsibilities of the devolved
legislatures; this Report suggests some of the places at which
boundaries could be drawn and some places at which it may be premature
to attempt a rigid division of responsibilities.
4 See QQ 52-3,
Evidence p 37, QQ 197, 204. Back
5 QQ
33, 175, 198. Back
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