Home Office - Devolution

Devolution

Most front-line law and order policy areas, such as policing and criminal justice, are devolved in Scotland and Northern Ireland but the following reserved and excepted matters are handled by Westminster.

Scotland

Reserved matters:

  • The Misuse of Drugs Act 1971
  • Extradition legislation, but Scottish Ministers (through the Crown Office and Procurator Fiscal Service) have executive responsibility for all aspects of mutual legal assistance
  • Most aspects of Firearms legislation, but Scottish Ministers have some executive responsibilities for the licensing of firearms and will gain more when the Scotland Bill 2011 receives royal assent
  • Immigration and nationality
  • Scientific procedures on live animals

The Scottish Government Justice and Communities Directorates are responsible for devolved justice and home affairs policy.

Northern Ireland

Excepted matters:

  • Extradition (as an international relations matter)
  • Immigration and nationality

The following matters were not transferred at the devolution of policing and justice on 12 April 2010 and remain reserved:

  • Drug classification
  • Parades
  • Security of explosives
  • Serious Organised Crime Agency

The Home Office's main counterparts in Northern Ireland are:

  • Department of Justice (policing, public order and community safety)
  • Northern Ireland Office (national security in Northern Ireland)

The Department of Justice is accountable to the Northern Ireland Executive whereas the Northern Ireland Office is a UK Government department.

Wales

Under the Welsh devolution settlement, specific policy areas are transferred to the National Assembly for Wales rather than reserved to Westminster.

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