Under what circumstances can Westminster suspend or abolish the Scottish assembly in Holyrood?

Quartz

Quartz

Quartz

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Subject asks it all. I'm not interested in debating whether it should or not - that's for Speaker's Corner - but I know that Westminster has suspended Stormont a time or two. Or maybe that's different?
 
Quartz said:
Subject asks it all. I'm not interested in debating whether it should or not - that's for Speaker's Corner - but I know that Westminster has suspended Stormont a time or two. Or maybe that's different?
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Stormont suspends itself by a main party not turning up for work.

Scotland will not be suspended while the majority of the country is happy with devolution.
 
The UK Parliament can suspend or abolish the Scottish Parliament under the following circumstances:

  • If the Scottish Parliament is found to be in breach of the Scotland Act 1998, which established the Parliament.
  • If the Scottish Parliament is unable to function effectively, for example if there is a long-running dispute between the two main parties.
  • If there is a serious threat to public order or security in Scotland.
In practice, it is very unlikely that the UK Parliament would ever suspend or abolish the Scottish Parliament. The Parliament is popular with the Scottish people, and there is no clear evidence that it has ever been in breach of the Scotland Act. Additionally, the UK government would face significant political opposition if it tried to abolish the Parliament.

However, the UK Parliament does have the power to suspend or abolish the Scottish Parliament, and it is something that should not be taken lightly. If the UK government were to do so, it would be a major constitutional change with far-reaching consequences.

Here are some additional details about each of the circumstances under which the UK Parliament can suspend or abolish the Scottish Parliament:

  • Breach of the Scotland Act: The Scotland Act 1998 sets out the powers and responsibilities of the Scottish Parliament. If the Parliament is found to be in breach of the Act, the UK Parliament can take action to rectify the situation. This could include suspending the Parliament or abolishing it altogether.
  • Inability to function effectively: The Scottish Parliament can only function effectively if there is a degree of cooperation between the two main parties, the Scottish National Party (SNP) and the Scottish Labour Party. If there is a long-running dispute between the two parties, the Parliament may be unable to function effectively. In this situation, the UK Parliament could intervene to suspend the Parliament or abolish it altogether.
  • Serious threat to public order or security: The UK Parliament has the power to suspend or abolish the Scottish Parliament if there is a serious threat to public order or security in Scotland. This could include a terrorist attack or a natural disaster.
It is important to note that the UK Parliament has never suspended or abolished the Scottish Parliament. The Parliament has been in existence since 1999, and it has always been able to function effectively. The UK government has also never threatened to suspend or abolish the Parliament.
 
Dirk Diggler said:
The UK Parliament can suspend or abolish the Scottish Parliament under the following circumstances:
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Actually the UK parliament can abolish the Scottish Parliament simply by passing an act abolishing it. Since no parliament can bind the actions of the next, there is no constitutional barrier to a UK government implementing such an act.

It would be politically explosive and likely struggle to get through the Lords; but there is no constitutional basis for preventing it.
 
Mr Jack said:
Actually the UK parliament can abolish the Scottish Parliament simply by passing an act abolishing it. Since no parliament can bind the actions of the next, there is no constitutional barrier to a UK government implementing such an act.

It would be politically explosive and likely struggle to get through the Lords; but there is no constitutional basis for preventing it.
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I understand your point, however you could say that about pretty much anything; the Scotland Act is the current legislation that's relevant.
 
Dirk Diggler said:
I understand your point, however you could say that about pretty much anything; the Scotland Act is the current legislation that's relevant.
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True. But, if circumstances get so extreme and dysfunctional as to suggest suspension or abolition, wouldn't that also suggest things have got to the point where the UK government might go to such a nuclear option as primary legislation?
 
Mr Jack said:
True. But, if circumstances get so extreme and dysfunctional as to suggest suspension or abolition, wouldn't that also suggest things have got to the point where the UK government might go to such a nuclear option as primary legislation?
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Circumstances are already extreme and dysfunctional but unfortunately the Scottish Parliament has no authority to dissolve the Westminster parliament.
 
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