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Difficulty: Very hardDevolved Powers in Northern Ireland

Under the Northern Ireland Act 19981998, legislative powers are divided into three categories: transferred, reserved, and excepted matters. While the Northern Ireland Assembly at Stormont handles transferred matters, the UK Parliament at Westminster maintains control over the others. Which of the following sets of policy areas consists entirely of 'excepted' matters, which are fundamentally retained by Westminster and are generally not intended for devolution?

  1. International relations, national defense, and the regulation of the currencyAnswer
  2. B
    The regulation of firearms, navigation, and intellectual property
  3. C
    The administration of policing, criminal justice, and legal aid
  4. D
    Education, health services, and the management of the environment

Answer

The set containing international relations, national defense, and the regulation of the currency is correct as these are 'excepted' matters.
The set including international relations, national defense, and the currency consists entirely of 'excepted' matters. These are defined under the Northern Ireland Act 19981998 as areas of national interest that the UK Parliament intends to retain and not devolve to the Northern Ireland Assembly.

Step-by-Step Solution

1
Differentiate the three categories of power in Northern Ireland.
Identify that 'transferred' powers are devolved, 'reserved' powers are held by Westminster but can be devolved later, and 'excepted' powers are held by Westminster and are not intended for devolution.
The Northern Ireland Act 19981998 uses a unique tripartite system unlike the binary models in Scotland or Wales.
2
Categorize specific policy areas into these three groups.
Foreign policy (international relations), defense, and currency are identified as fundamental national matters (Excepted). Firearms and intellectual property are secondary national matters (Reserved). Health, education, and justice are local matters (Transferred).
Excepted matters are those involving the Crown, national security, or central economic functions.
3
Verify the current status of policing and justice in Northern Ireland.
Confirmed as 'transferred' since the devolution of these powers in 20102010.
This avoids the common misconception that justice is still a reserved or excepted matter in Northern Ireland.

Key Concept

The tripartite classification of powers in Northern Ireland (Transferred, Reserved, Excepted)

Practice More

Review the specific list of Reserved matters (Schedule 3) versus Excepted matters (Schedule 2) in the Northern Ireland Act to master this distinction.
Estimated Time:2m 0s
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Topics

Devolved Powers in Northern Ireland