The Scottish Parliament elections and the constitution: what do the manifestos say?

Elections for the Scottish Parliament take place today. The major parties contesting the election have all published manifestos setting out their policies: they contain numerous proposals to alter the devolution settlement or seek independence, change how parliament operates, improve democratic engagement, and reform standards and operations at the centre of government. In this post, Dave Busfield-Birch explains what changes have been proposed.  

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Devolution in the 2024 party manifestos 

The parties contesting the general election have now published their manifestos, allowing exploration and comparison of their constitutional proposals. In this fourth post in a series on the manifestos, Patrick Thomas examines the commitments on devolution, and considers what these might mean for the future of the UK. 

It has now been a quarter of a century since the devolved institutions in Northern Ireland, Scotland and Wales were established. Twenty-five years on, devolution remains a live issue in all but one of the 2024 manifestos. But this inclusion of the constitutional questions around devolution is where the commonalities largely stop.  

The 2024 manifestos present four different visions and approaches in the area of devolution. The Conservative Party displays a hesitancy and even hostility towards devolution, and an instinctive desire to assert Westminster power. The Labour Party, on the other hand, clearly likes the system it created in 1998 and so sets out a vision for reasserting the status quo. The Liberal Democrats seek to take devolution much further, by making the UK a federal state. And the Scottish National Party and Plaid Cymru share a vision of ever greater devolution, at least partly in hope that it will further their end goal of independence from the UK. Two other manifestos do not present a vision for devolution, but in very different ways. The Green Party manifesto acknowledges the importance of devolution but seeks to stay out of the debate, while supporting freedom of choice. Reform UK, on the other hand, simply ignores devolution entirely. 

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The 2019 Conservative Party manifesto: were its pledges on the constitution delivered? 

The 2019 Conservative Party manifesto contained a number of constitutional policy commitments – on Brexit, UK institutions, elections, civil liberties, and devolution. As the manifestos for this year’s general election emerge, Lisa James assesses the delivery record of the 2019–24 Conservative governments against the pledges made in 2019. 

The 2019 Conservative Party manifesto contained a wide-ranging set of constitutional commitments. Since its publication much has changed – the UK has left the EU, experienced a global pandemic, and had three Prime Ministers and five Chancellors of the Exchequer. But delivery against manifesto commitments still matters, so with the 2019–24 parliament dissolved, now is the time to reassess the pledges that were made. 

Getting Brexit done 

The single highest profile – and titular – pledge of the manifesto was of course the promise to ‘get Brexit done’. The election followed a period of parliamentary deadlock, and the negotiation of Boris Johnson’s Brexit deal. The manifesto pledged to pass this deal, limit the length of the ‘transition period’ for negotiating new trade arrangements, end the jurisdiction of the European Court of Justice (ECJ) over the UK, and end the supremacy of EU law. 

The Brexit deal was rapidly passed following the Conservative general election victory, and the UK left the EU on 31 January 2020. The pledge not to extend the transition period beyond the end of 2020 was also kept. The deal largely removed ECJ jurisdiction from the UK, but the court retained a continuing role in relation to Northern Ireland as a result of its treatment under Johnson’s Brexit deal (discussed further below). The supremacy of retained EU law (a special category of legislation derived from the UK’s EU membership) was ended by the Retained EU Law (Revocation and Reform) Act 2023

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Rebuilding and renewing the constitution: the territorial constitution

A Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters will be published in summary form on this blog throughout August, with this third excerpt identifying potential changes relating to the territorial constitution.  

Recent years have been unsettled ones in UK territorial politics, with structural pressures following the Brexit vote, and other tensions between the centre and the devolved institutions. Meanwhile, the devolution arrangements for England remain an incomplete patchwork.  

While wholesale reform may be complex and contentious, much can be done to mitigate the tensions that exist within the existing framework. There is widespread recognition that cooperation between the UK government and devolved institutions could be improved, and some positive steps in this direction have already been taken. With the fiercest battles about the implementation of Brexit now over, opportunities exist for strengthening interparliamentary arrangements. The governance arrangements for England could also be made more transparent and coherent.  

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