Wikipedia

Scottish devolution

Scottish devolutionis the process of theUK Parliamentgranting powers(excluding powers overreservedmatters) to the devolvedScottish Parliament.[1][2][3]Prior to the advent of devolution, some had argued for a Scottish Parliament within theUnited Kingdom– while others have since advocated for completeindependence.The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in1997,this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to theScotland Act 1998being passed and the Scottish Parliament being established in 1999.

Scottish Parliament

Scottish voters were given the chance to vote 'Yes' on outright independence in a2014 referendum.In an effort to persuade Scots to remain in the Union, the major UK parties vowed to devolve further powers to Scotland after the referendum. The 'No' vote prevailed (independence was rejected) and the campaign promise of devolution resulted in the formation of theSmith Commissionand the eventual passage of theScotland Act 2016.

History

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1707 to 1999

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Having agreed to pass theUnion with England Act,theParliament of Scotland'adjourned' on 25 March 1707. The new unitedKingdom of Great Britain[4][5]came into being on 1 May 1707, with a singleParliament of Great Britainwhich merged the parliamentary bodies and constituencies ofEnglandandScotlandinto a new legislature located in London.[6][7]The post ofSecretary of State for Scotlandexisted after 1707 until theJacobite rising of 1745.Thereafter, responsibility for Scotland lay primarily with the office of theSecretary of State for the Northern Department,usually exercised by theLord Advocate.The Secretaries of State were reorganised in 1782 and the duties now came under theSecretary of State for the Home Department.

Administrative devolution (1885)

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1885 saw the creation of theScottish Officeand the post ofSecretary for Scotland.From 1892 the Secretary for Scotland sat incabinet,but the position was not officially recognised as a full member of thecabinet of the United Kingdomuntil the Secretary for Scotland post was upgraded to full Secretary of State rank asSecretary of State for Scotlandin 1926.

Government of Scotland Bill 1913

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In May 1913 the House of Commons passed thesecond readingof the Government of Scotland Bill 1913 (also referred to as the Scottish Home Rule Bill) by 204 votes to 159. The bill was supported by Liberals and opposed byUnionists.[8]It did not proceed further due to the outbreak of the First World War.

Scottish Covenant Association (1940s and 1950s)

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Main article:Scottish Covenant Association

TheScottish Covenant Associationwas a non-partisan political organisation that sought the establishment of a devolvedScottish Assembly.It was formed byJohn MacCormickwho had left theScottish National Partyin 1942 when they decided to support all-outindependencefor Scotland rather than devolution as had been their position.

The Association was responsible for the creation of theScottish Covenant,which gathered two million signatures in support of devolution. Members of the organisation were also responsible for the removal of theStone of DestinyfromWestminster Abbeyin 1950 that attracted huge publicity for the cause of Scottishhome rule.

Kilbrandon Report (1973)

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Main article:Kilbrandon Report

1979 devolution referendum

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Main article:Scottish devolution referendum, 1979

TheScottish referendum of 1979was a post-legislativereferendumto decide whether there was sufficient support for theScotland Act 1978that was to create adeliberative assemblyfor Scotland. The Act required that for the Act not to be repealed at least 40% of the electorate would have to voteYesin the referendum. The referendum resulted in a narrowYesmajority but fell short of the 40% requirement.

1997 devolution referendum

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Main article:Scottish devolution referendum, 1997

TheScottish devolution referendum of 1997was a pre-legislativereferendumover whether there was support for the creation of aScottish Parliamentwithin the United Kingdom and whether there was support for such a parliament to have tax varying powers. In response to the clear majority voting for both proposals, theUnited Kingdom Parliamentpassed theScotland Act 1998,creating theScottish ParliamentandScottish Executive.

The Scotland Act 1998

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Main article:Scotland Act 1998

The Act was introduced by theLabourgovernment in 1998 after the 1997 referendum. It created theScottish Parliament,setting out howMembers of the Scottish Parliamentare to be elected,[9]making some provision about the internal operation of the Parliament[10](although many issues are left for the Parliament itself to regulate) and setting out the process for the Parliament to consider and pass Bills which becomeActs of the Scottish Parliamentonce they receiveRoyal Assent.[11]The Act specifically asserts the continued power of the UK Parliament to legislate in respect of Scotland.[12]

The Act devolves all powers except over matter it specifies as reserved matters.[13]It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament[14]which includes theHuman Rights Act 1998and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with theEuropean Convention on Human RightsorEuropean Communitylaw.[15]The same constraints apply to acts of the Scottish Executive.[16]

Scottish Parliament established, May 1999

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Main article:Scottish Parliament
First MinisterDonald DewarwithQueen Elizabeth IIat the opening of the Scottish Parliament, May 1999

The Scottish Parliament met for the first time on 12 May 1999 and began its first session withSNPmemberWinnie Ewingstating "the Scottish Parliament, adjourned on 25th day of March in the year 1707, is hereby reconvened"[17]

Opening of new Scottish Parliament building (2004)

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Main article:Scottish Parliament Building

Construction of the Scottish Parliament building began in June 1999 and the first debate in the new building was held on Tuesday 7 September 2004. The formal opening bythe Queentook place on 9 October 2004.[18]Enric Miralles,the Spanish architect who designed the building, died before its completion.[19]

From 1999 until the opening of the new building in 2004, committee rooms and the debating chamber of the Scottish Parliament were housed in theGeneral Assembly Hallof theChurch of Scotlandlocated onThe Moundin Edinburgh.[20]Office and administrative accommodation in support of the Parliament were provided in buildings leased from theCity of Edinburgh Council.[20]The new Scottish Parliament Building brought together these different elements into one purpose built parliamentary complex, housing 129 MSPs and more than 1,000 staff andcivil servants.[21]

The building aims to conceive a poetic union between theScottish landscape,itspeople,itscultureand the city of Edinburgh, an approach that won the parliament building numerous awards including the 2005Stirling Prize,and it has been described as "a tour de force of arts and crafts and quality without parallel in the last 100 years of British architecture".[22][23]

Powers over Scottish railways transferred (2005)

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Further powers over Scotland's railway system were devolved under the Railways Act 2005 to the Scottish Parliament

As a result of provisions in the Railways Bill, powers were transferred from the Department of Transport to the Scottish Executive, a move described by then First Minister, Jack McConnell as "...the most significant devolution of new powers to Scottish ministers since 1999."[24]

Scottish Executive becomes Scottish Government (2007)

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Main articles:Scottish GovernmentandGovernment of the 4th Scottish Parliament

A Scottish Executive was created under section 44 of theScotland Act 1998.[25]Following the2007 Scottish Parliament election,the Scottish Executive was rebranded as the Scottish Government by the newScottish National Partyadministration.[26]Other changes that took place at this time included the development of the National Performance Framework and major restructuring whereby Directors-General were put in charge of the achievement of the Government's strategic objectives. These changes have been described as developing a form of strategic state.[27]The new name's use in Westminster legislation was updated by s.12Scotland Act 2012.

Calman Commission (2007)

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Main article:Calman Commission

The Calman Commission was established by a motion passed by theScottish Parliamenton 6 December 2007.[28]Its terms of reference are: "To review the provisions of theScotland Act 1998in the light of experience and to recommend any changes to the present constitutional arrangements that would enable the Scottish Parliament to better serve the people ofScotland,that would improve the financial accountability of the Scottish Parliament and that would continue to secure the position of Scotland within the United Kingdom. "[29]However, concerns have been expressed that its final report will not have "much legitimacy" because it was skewed towards preserving the status quo.[30]

Powers transferred over planning and nature conservation matters at sea (2008)

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During 2008, agreement was reached to transfer responsibility for all planning and nature conservation matters at sea up to 200 miles from the Scottish coast to theScottish Government.The change has implications for theoffshore industry,wind and wave power and to a lesser extent, fishing, though responsibility for fishing quotas remains aEuropean Unionissue and oil and gas licensing and permitting remains a reserved matter.[31]

Independence referendum

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Main article:2014 Scottish independence referendum
The signatures of theEdinburgh Agreement,the legislation that granted powers to the Scottish Parliament to hold a referendum on independence in 2014

In August 2009 the SNP announced a Referendum Bill would be included in its package of bills to be debated before Parliament in 2009–10, with the intention of holding a referendum on the issues ofScottish independencein November 2010. The bill did not pass due to the SNP's status as aminority administration,and due to the initial opposition to the Bill from all other major parties in theScottish Parliament.[32][33]

Following the2011 Scottish Parliament election,the SNP had a majority in parliament and again brought forward an Independence Referendum Bill. The Scottish Government also suggested thatfull fiscal autonomy for Scotland(known as "devo-max" ) could be an alternative option in the vote. The negotiation of theEdinburgh Agreement (2012)resulted in the UK government legislating to provide the Scottish Parliament with the powers to hold the referendum. The "devo-max" option was not included, however, as the Edinburgh Agreement stipulated that the referendum had to be a clear binary choice between independence or the existing devolution arrangements. The Scottish Independence Referendum (Franchise) Act 2013 was passed by the Scottish Parliament and campaigning commenced. Two days before the referendum was held, with polls very close, the leaders of the three main UK political parties made "The Vow", a public pledge to devolve "extensive new powers" to the Scottish Parliament if independence was rejected. They also agreed to a devolution timetable proposed byGordon Brown.

After heavy campaigning by both sides, voting took place on 18 September 2014. Independence was rejected by a margin of 45% in favour to 55% against.

Smith Commission

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Main article:Smith Commission

The day after the referendum,David Cameronannounced the formation of theSmith Commissionto "convene cross-party talks" concerning "recommendations for further devolution of powers to the Scottish Parliament". Two months later, on 27 November 2014, the commission published its recommendations, which included giving the Scottish Parliament complete power to set income tax rates and bands, increased borrowing powers, and anextensive listof other rights and powers.

Scotland Act 2016

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Main article:Scotland Act 2016

Based on the Smith Commission's recommendations, theScotland Act 2016was passed by Parliament and received Royal Assent on 23 March 2016.[34]The Act set out amendments to theScotland Act 1998and devolved further powers to Scotland, most notably:[35]

The Act recognised the Scottish Parliament and a Scottish Government as permanent among UK's constitutional arrangements, with a referendum required before either can be abolished.

Proposed further devolution

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SNP proposals

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In April 2015, the SNP released a manifesto citing aspirations for further devolution than outlined by theSmith Commissionwith the devolution of corporation tax, National Insurance Contributions (NICs), and the welfare system. Full fiscal autonomy was also a medium term goal.[36]First minister Nicola Sturgeon added the following month that she would prioritise the devolution of “employment policy, including the minimum wage, welfare, business taxes, national insurance and equality policy.”[37]

In July 2015, SNP ministers called for the devolution of broadcasting to Scotland.[38]TheScottish Trades Union Congress(STUC) had also proposed to the Smith Commission that broadcasting be devolved for Scotland.[39]A 2014 opinion poll by What Scotland thinks showed 54% in favour with 30% opposed.[40]

The SNP's2019 general electionmanifesto called for the devolution of the following;

  • Misuse of Drugs Act, so that Scotland could employ “the full range of effective public health measures” to tackle drug addiction
  • migration powers for a system that "works" for the Scottish economy and society
  • employment law to "protect workers’ rights, increase the living wage and end the age discrimination of the statutory living wage"
  • devolution of tax powers
  • powers over consumer protection
  • greater devolution of gambling regulation
  • Scottish parliament gender balance including quotas[41][42]

In December 2022, SNP employment ministerRichard Lochheadcalled for the replacement EU funding (UK Shared Prosperity Fund) to be fully devolved to allow "funding to flow to regions and communities in line with shared Scottish policies.”[43]

In April 2023, the SNP called for the devolution of energy powers. The Scottish parliament has control over planning regulations which can affect renewable power but the majority of energy powers are retained with Westminster.[44]

In October 2023, SNP MP David Linden brought forward a bill to devolve employment law to the Scottish Parliament. The SNP did not expect the bill to pass, wanting to “expose” Labour’s position on the matter.[45]In the same month, the SNP also called for the devolution of inheritance tax.[46]

Labour proposals

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Main article:Federalism in the United Kingdom

Keir Starmer, leader of the UK Labour Party is in favour of reforming the UK and has promised to do so "quickly" if a UK Labour government is elected.[47]Starmer has also tasked Gordon Brown, former prime minister of the UK with heading a "Constitution Commission" which would form in the event of a Labour UK government.[48]Gordon Brown has suggested federalism as a viable option following Brexit and according to Tory MP Adam Tompkins, Gordon Brown wants "a reformed Britain, a new federal settlement, and further powers for a supercharged Holyrood".[49][50]

Brown proposed the following in 2017:

  • Devolution of formerly EU regulated matters; agriculture, fisheries, environmental regulation and areas of employment and energy
  • Control over £800 million European Structural and Investment funds
  • State aid regional policy
  • Devolution of VAT rates
  • Ability to make treaties with other countries in devolved areas[51]

However, the Labour "New Britain" report outlined the following in December 2022:

  • Ability of Scottish parliament to enter into agreements with international bodies on devolved matters
  • The devolution of the job centre administration
  • New, statutory, formulation of theSewel convention,which should be legally binding, providing similar constitutional codification as states and provinces in federal countries.
  • A "solidarity clause” under which to ensure the commitment of all the governments in the UK to work together
  • Establishment of a Council of the Nations and Regions to replace the "dysfunctional"Joint Ministerial Committees
  • A second chamber of Parliament,reforming the House of Lordsand acting as an Assembly of the Nations and Regions[52]

Changes enacted by the UK parliament

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In an effort to safeguard the UK internal market post-Brexit and to avoid trade discrepancies or issues for goods moving within the UK, in December 2020 theBritish governmentpassed in parliament theUnited Kingdom Internal Market Act 2020.Within Scotland, the Act was condemned as an affront on devolution by the governingScottish National Party,however was supported by theScottish Conservativesand various businesses and organisations in Scotland.[53]The act can also cause the regulation of service in one part of the UK to be recognised across the whole UK. The act allows UK ministers to spend on devolved policies without the approval of the devolved parliament.[54]

In December 2022, theGender Recognition Reform Billwas passed by the Scottish parliament.[55]In January 2023, Scottish SecretaryAlister Jackused powers included in the Section 35 of the Scotland Act 1998 to block the bill from receivingroyal assentand becoming law.[56]

See also

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Further reading

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  • Brown, Gordon;Harvie, Christopher(1979).A Voter's Guide to the Scottish Assembly(PDF).Studioscope Ltd.[permanent dead link‍]
  • Uncharted Territory: The Story of Scottish Devolution 1999–2009by Hamish Macdonell (2009)
  • The Scottish Political System Since Devolution: From New Politics to the New Scottish Governmentby Paul Cairney (2011)
  • N. Lloyd-Jones, 'Liberalism, Scottish Nationalism and the Home Rule crisis, c.1886-1893', "English Historical Review" (August 2014)
  • James Wilkie,The Scotland-UN Committee and its role in obtaining Scottish Devolution.
  • The Story of the Scottish Parliament: The First Two Decades Explainededited by Gerry Hassan (2019)

References

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  2. ^"Devolution of powers to Scotland, Wales and Northern Ireland".GOV.UK.8 May 2019.Retrieved15 October2022.
  3. ^"Devolution: What is it and how does it work across the UK?".BBC News. 24 March 2021.Retrieved15 October2022.
  4. ^WelcomeArchived15 October 2008 at theWayback Machineparliament.uk, accessed 7 October 2008
  5. ^Act of Union 1707,Article 2.
  6. ^"Act of Union | Great Britain [1707] | Britannica".Encyclopædia Britannica.Retrieved15 October2022.
  7. ^"The Act of Union between England and Scotland".Historic UK.Retrieved15 October2022.
  8. ^"GOVERNMENT OF SCOTLAND BILL. (Hansard, 30 May 1913)".Parliamentary Debates (Hansard).30 May 1913.Retrieved7 September2015.
  9. ^Sections 1 to 18.
  10. ^Sections 19 to 27, 39 to 43.
  11. ^Sections 28 to 36.
  12. ^Section 28(7).
  13. ^Schedule 5.
  14. ^Schedule 4
  15. ^Section 29(2)(d).
  16. ^Section 57(2).
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  18. ^"Opening of Holyrood".Scottish Parliament. Archived fromthe originalon 4 May 2006.Retrieved29 October2006.
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  20. ^ab"Scotland's Parliament to start life in General Assembly Hall".Scottish Office. 20 March 1998.Retrieved27 October2006.
  21. ^Catherine Slessor (November 2004)."Scotland the brave: operatic in both conception and execution, Scotland's long awaited new parliament will help a fledgling institution to mature and evolve".Architecture Review.Retrieved4 January2007.
  22. ^Charles Jencks (January 2005)."Identity parade: Miralles and the Scottish parliament: On the architectural territories of the EMBT/RMJM parliament building".Architecture Today no.154 p.32–44. Archived fromthe originalon 9 October 2007.Retrieved7 January2007.
  23. ^Senay Boztas (23 January 2005)."Holyrood is 'without parallel' in 100 years of architecture".Sunday Herald.Retrieved10 January2007.
  24. ^Executive in £325m rail takeoverBBC News, 18 January 2005
  25. ^"Scotland Act 1998 Section 44".legislation.gov.uk.
  26. ^Scottish Executive renames itself,BBC News,3 September 2007.
  27. ^Elliott, Ian C. (18 May 2020)."The implementation of a strategic state in a small country setting—the case of the 'Scottish Approach'".Public Money & Management.40(4): 285–293.doi:10.1080/09540962.2020.1714206.S2CID159062210– via Taylor and Francis+NEJM.
  28. ^The Scottish Parliament – Official ReportArchived9 August 2008 at theWayback Machine
  29. ^"Pro union devolution review launched".Holyrood.25 March 2008. Archived fromthe originalon 1 December 2008.
  30. ^Calman evidence 'was tampered with'Scotland on Sunday, 30 November 2008
  31. ^Scotland handed sea planning roleBBC News, 27 November 2008
  32. ^"Referendum Bill".Official website, About > Programme for Government > 2009–10 > Summaries of Bills > Referendum Bill.Scottish Government.2 September 2009. Archived fromthe originalon 7 June 2011.Retrieved10 September2009.
  33. ^MacLeod, Angus (3 September 2009)."Salmond to push ahead with referendum Bill".The Times.London. Archived fromthe originalon 31 May 2010.Retrieved10 September2009.
  34. ^Scotland Office and The Rt Hon David Mundell MP (23 March 2016)."Scotland Act 2016 receives Royal Assent".UK Government.Retrieved13 May2016.
  35. ^"Holyrood gives approval to devolved powers Scotland Bill".BBC News. 16 March 2016.Retrieved31 March2016.
  36. ^"Full fiscal autonomy delayed? The SNP's plans for further devolution to Scotland".Institute for Fiscal Studies.Retrieved2 November2023.
  37. ^Dickie, Mure (13 May 2015)."Nicola Sturgeon calls for more talks on devolved powers".Financial Times.Retrieved2 November2023.
  38. ^Macdonell, Hamish (2 November 2023)."Nationalists push for power over BBC in Scotland".ISSN0140-0460.Retrieved2 November2023.
  39. ^"Could Scotland's broadcasting be devolved?".Media@LSE.10 November 2014.Retrieved2 November2023.
  40. ^"Do you believe the new powers devolved to the Scottish Parliament should include control of broadcasting policy?".What Scotland Thinks.Retrieved2 November2023.
  41. ^"STRONGER FOR SCOTLAND"(PDF).
  42. ^"SNP manifesto calls for devolution of the Misuse of Drugs Act".The Pharmaceutical Journal.28 November 2019.Retrieved2 November2023.
  43. ^"EU replacement funding 60% shortfall".www.gov.scot.Retrieved2 November2023.
  44. ^"SNP call for energy powers to be devolved to Holyrood".The National.25 April 2023.Retrieved2 November2023.
  45. ^"Scottish Labour MPs dodge vote on more devolution for Scotland".Yahoo News.17 October 2023.Retrieved2 November2023.
  46. ^Bruin, Floris de (20 October 2023)."SNP calls for devolution of inheritance tax as Tories mull cuts".The Telegraph.ISSN0307-1235.Retrieved2 November2023.
  47. ^"Labour would reform the Union 'quickly' and without a referendum after winning power says Starmer".Nation.Cymru.29 January 2022.Retrieved10 March2022.
  48. ^"Starmer: Gordon Brown to lead commission" to settle the future of the union "".HeraldScotland.29 September 2021.Retrieved10 March2022.
  49. ^Brown, Gordon (28 March 2017)."Brexit is an opportunity to make a federal United Kingdom".Financial Times.Retrieved10 March2022.
  50. ^Dickie, Douglas (2 March 2022)."Scottish Unionists warned fighting indyref on 'federalism' will see the Nats win".scottishdailyexpress.Retrieved10 March2022.
  51. ^"Gordon Brown calls for federalism to determine Scotland's future".2017.
  52. ^Pope, Conor (5 December 2022)."A New Britain: Renewing our Democracy and Rebuilding our Economy".The Labour Party.Retrieved1 November2023.
  53. ^"UK internal market 'critical' to Scottish farming, union says".farminguk.com.Retrieved15 October2022.
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  55. ^"Why is Scotland's gender recognition reform bill controversial?".Sky News.Retrieved1 November2023.
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