Alcohol Ban and Devolution - Essay Example

Alcohol Ban and Devolution A. Alcohol Ban In a summary of public crime prevention, the British government has sought to explain how deviant anti-social behavior in a social perspective can be prevented. Alcohol and ethanol spirits are believed to induce the existent primitive nature of man and results to the portrayal of unacceptable behavior offensive to the civilized society. As a relative call to the protection of laws, the government has imposed a ban on alcohol consumption as an alternative approach against alcohol-induced violence in public places. A national agency for alcohol misuse, Alcohol Concern (Oct. 2005), has made clear that the government’s proposal to introduce a drink ban on public transport would help curb alcohol-related disorder alongside a range of other measures. With 23,000 incidents of alcohol-fuelled violence each week with relevant elevated alcohol consumption trends (Leifman, 2001), the agency has proposed that existing laws are enforced to reduce the incidence of alcohol-related violence on the streets and on public transportation. England’s objective of reducing harm caused by alcohol misuse is recognised and focuses on the prevention, minimisation and management of the harms caused by alcohol misuse. These measures addressed in its objectives aims to identify alcohol misuse and the enforcement of existing powers against crime and disorder and promotion of responsible drinking. Under the Crime and Disorder Act 1998 (CDA98) and Crime and Disorder Reduction Partnerships (CDRPs) the partnership of both agencies are held responsible in the consideration of crime and disorder issues in their own core activities that improve safety and security in local neighborhoods. Criminal Justice Boards and Youth Offending and the Drug and Alcohol Action Teams shall be a voluntary forum for coordination of local priorities. They are tasked to bring together the key local agencies with an interest in reducing the harms caused by alcohol misuse: the health service, the criminal justice system and the local authority. With support of the Scottish Executive for a complete ban in on alcohol consumption in public places, (The Herald, July 19, 2006) the proposal, has spawned public outburst. Festivities organizers and popular across Wales and Scotland and gaming grounds personnel rallied against the ban with arguments pointed out that such is breach on human rights while legislative proposals control the sale and purchase of alcohol (Scotland Bill on Alcohol). It is apparent that Scottish culture towards drinking in a study (SSA, 2004) has often prevailed over a perceived problem of alcohol misuse. A majority believed though that drinking should not be allowed in public places including public parks, football matches, in the street and on trains. With this thoughts in mind, the Scottish Executive has proposed their own policies that sets rules against “irresponsible promotions and providing stringent licensing measures that prohibit the sale of alcohol to minors and operator a “no proof, no sale policy”. Further the licensing boards are tasked to oversee according to their own discretion, the issuance or refusal of alcohol on licensed premises. The UK policy and strategies on alcohol ban may not be applicable to Wales and Scotland simply on the grounds of the distribution of legislative power to both. Unless Wales and Scotland decides to adapt the laws implemented by UK on its citizenry, alcohol ban which has been forced to play second fiddle to a smoking ban may never be heavily implemented particularly within Scottish laws for their own obvious reasons that are cited above and on particular the allowance and transfer of legislative powers are decentralized and distributed on the local level or creation of laws and its necessary implementation . Does devolution make a difference in Wales? When the Welsh Assembly in 2002, established an independent commission and appointed Lord Richard (former leader of the House of Lords) as chair, the powers and electoral arrangements of the National Assembly was reviewed in order to ensure that it is able to operate in the best interests of the people of Wales. It has recommended that the National Assembly should have powers to legislate in certain areas; while others would remain under the Westminster. Devolution provides large scope for Wales to make and adapt its own policy. Primary legislation allows the Welsh legislation to replicate measures for the rest of the United Kingdom, assimilating their own style. The delegation of central powers without any admission that the supremacy of the centre is compromised involves a unilateral devolution where there is “dispersal of power from a superior to an inferior political authority” and therefore coined as an executive devolution in Bogdanor. Devolution thus brings in more rights and responsibilities from education to passenger transport and land-use planning, and on through audit and the ombudsman to specific (Welsh) items like Sunday licensing (Chap 7: 7.3). Further such move illustrates the further development of governmental infrastructure. In the case of a legislative devolution for Wales, the scheme further sees a magnification on its uniformity inside the United Kingdom with Scotland. It does not however imply that Wales is far or lags behind Scotland, but the early years of Welsh parliament needs an obvious change in that is expected with an approach to devolution. With its ability to formulate and implement new and existing policies, the Assembly assumes accountability to address certain issues concerning law-making. Typically different from federal systems, this move allows room for collaboration between law-making partnerships and coordination efforts. However, it should be a point of contention that legislative devolution is a broader aspect that not only deals with primary powers. The Commission may then be allowed to question the series of Scottish transfer of functions and capitulate and determine which ministerial powers should be allocated to Wales most specifically in other reserved functions. One example is on the regulation of medical professions that could use central government regulations applying to Wales in the field of health that facilitates uniformity without underscoring authority to the devolved administration. Public service provisions and anomalies can also be rectified by Assembly ministers to create coherent and rounded policies. Railway services being one important feature thus needs a room for a well-rounded provision and regulation that the devolution statute can necessarily accommodate. Welsh Assembly government may be able to raise issued for or against major projects such as those that generate 50+ MW of electricity that has remained with the UK government. Energy matters that are reserved under the Scotland Act since the dawn of the Parliament could exercise powers to repeal and amend Westminster statutes and remove repetitive legislation imposing unnecessary burdens on the business sector. Further devolution moves to consult the Assembly on any regulatory reform concerning Wales that in particular includes community safety and social inclusion. In short, the case for additional powers sits comfortably here with the more holistic approach to policy development and implementation currently being pursued by the devolved administration according to Rawlings where there is considerable centralization of police force in England. With the coincidence of devolution, the National Criminal Justice Board where standards, targets and league tables shall be driven away from the Central Office as mentioned in the Police Reform Act 2002. Significant issues of responsibility and accountability brings to mind a diversion from the disorders found in the Home Office. Where a separate Welsh policing committee, sensitive to the local conditions and is more attuned to the needs of the local citizens thereby explaining that such transfer of power eliminates bureaucracy and red tape. The Government of Wales Bill was presented to the UK parliament December 8 2005 and confers on the Assembly legislative powers akin to other devolved legislatures. Other Assembly laws will be subject to the veto of the UK Secretary of State for Wales, House of Commons or House of Lords.The bill also reforms the Assembly’s electoral system. It will prevent individuals from standing as candidates in both constituency and regional seats. This aspect of the bill has been subject to a great deal of criticism, most notably by the UK Electoral Commission. Despite concurrent opposition and criticism the bill has received Royal Assent last 25th July 2006 as the Government of Wales Act 2006. References The Herald. Call for Complete Ban on Public Drinking. The Herald, July 19, 2006. Leifman H. 2001. Estimations of unrecorded alcohol consumption levels and trends in 14 European countries.. 18 English suppl: 54–70. United Kingdom. Scotland Parliament. Scottish Social Attitudes Survey, 2004. Scottish Parliament (28th February 2005) Licensing Scotland Bill. August 15, 2006. http://www.scottish.parliament.uk/business/bills/pdfs/b37s2-introd.pdf United Kingdom. Alcohol Concern. Oct. 2005. Michael Keating, Linda Stevenson, Paul Cairney, Katherine Taylor.2003. Does Devolution make a difference? Journal of Legislative Studies Vol. 9, No. 3 .110 – 139. Richard Commission on the Powers and Electoral Arrangements of the National Assembly for Wales August 15, 2006. http://www.richardcommission.gov.uk/content/report.htm Read More