First Minister of Scotland

This article is about the office. For the current holder, seeJohn Swinney.For a list of Scottish first ministers, seeList of first ministers of Scotland.

First Minister of Scotland
Scottish Gaelic:Prìomh Mhinistear na h-Alba
Royal Coat of Armsused by the MonarchinScotland
Flag of Scotland
Incumbent John Swinney since 8 May 2024
Office of the First Minister Scottish Government Scottish Cabinet Scottish Parliament
Style	First Minister andKeeper of the Scottish Seal (formal) First Minister (informal) The Right Honourable (UK and Commonwealth) His/Her Excellency (international)
Status	Head of governmentandMinister of the Crown
Member of	Scottish Parliament Scottish Cabinet Privy Council British-Irish Council PM and Heads of Devolved Governments Council Council of the Nations and Regions
Reports to	Scottish Parliament
Residence	Bute House
Seat	St Andrew's House,Edinburgh
Nominator	Scottish Parliament
Appointer	The Monarch
Term length	At His Majesty's pleasure (following nomination by theScottish Parliament)
Inaugural holder	Donald Dewar
Formation	17 May 1999(1999-05-17)
Deputy	Deputy First Minister of Scotland
Salary	£165,678 per annum(2023) (including £67,662MSPsalary)
Website	firstminister.gov.scot

Thefirst minister of Scotland(Scottish Gaelic:prìomh mhinistear na h-Alba[ˈpʰrʲiəvˈvinɪʃtʲɛrnəˈhal̪ˠapə]), formally known as theFirst Minister and Keeper of the Scottish Seal,is the head of theScottish Governmentand also serves as thekeeper of the Great Seal of Scotlandwhilst in office.

The first minister chairs theScottish Cabinetand is primarily responsible for the formulation, development, and presentation of the Scottish Government's policies. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad.The first minister is nominated by theScottish Parliamentbymembers of the Scottish Parliament(MSPs), and is formally appointed by themonarch.Members of the Scottish Cabinet, junior ministers of the Scottish Government, as well as the Scottish law officers, are appointed by the first minister. The first minister is directly accountable to the Scottish Parliament for their actions and the actions of the wider government and cabinet.

The office is currently held byJohn Swinney,the MSP forPerthshire Northand the leader of theScottish National Party(SNP). Swinney was elected first minister by the Scottish Parliament on 7 May 2024, and was sworn in on the following day.

History

Following thereferendum in 1997,in which the Scottish electorate gave their consent, the Scottish Parliament and Scottish Executive (later the Scottish Government) were established by theParliament of the United Kingdomand theLabourgovernmentof theprime minister,Tony Blair.

Under theActs of Union 1707,the formerParliament of Scotlandmerged with the English parliament, forming theParliament of Great Britain.The re-establishment of a dedicatedlegislatureandexecutivefor Scotland was known asdevolutionand initiated a measure ofhome rule(self-governance) in its domestic affairs, such ashealth,educationandjustice.The devolution movement came to a head in the 1970s, and resulted in aRoyal Commission on the Constitution,leading to theScotland Act 1978.This would have established an autonomous Scottish Executive with a leader termed 'First Secretary', a post for whichStrathclydepolitical leaderGeoff Shawwas widely expected to be chosen.Shaw died prematurely and the failure of thereferendum of 1979led to the Act not being implemented.

Following the1997 referendumandScotland Act 1998,Scottish devolutionled to the establishment of a post of first minister as head of the devolved Scottish Government.

Since 1999, theSecretary of State for Scotlandof theBritish Governmenthas had a much reduced role at the renamedScotland Officeas a result of the transfer of responsibilities to the Scottish Parliament and Scottish Government.

Election and term

Nomination as First Minister

The first minister is nominated by the Scottish Parliament at the beginning of each term, by means of anexhaustive ballotamong its members, and is then formally appointed by themonarch.

Although any member of the Scottish Parliament can be nominated for first minister, the government must maintain the confidence of the Scottish Parliament in order to gain supply (access to exchequer funds) and remain in office. For this reason, every permanent first minister has been the leader of the largest party, or the leader of the senior partner in any majoritycoalition.There is no term of office for a first minister; they hold office "at His Majesty's pleasure".In practice, a first minister cannot remain in office against the will of the Scottish Parliament; indeed, the Scotland Act explicitly requires the first minister to either resign or seek a parliamentary dissolution (and with it, new elections) if his or her government" no longer enjoys the confidence of the Parliament. "Whenever the office of first minister falls vacant, the sovereign is responsible for appointing the new incumbent upon nomination by the Scottish Parliament; the appointment is formalised at a meeting between the sovereign and the first minister designate.

Given theadditional member systemused to elect its members, it is difficult for a single party to gain an overall majority of seats in the Scottish Parliament.The SNP did gain an overall majority of seats in the2011 election,and thus had enough numbers to vote in its leader,Alex Salmond,as first minister for a second term.

After theelection of the Scottish Parliament,a first minister must be nominated within a period of 28 days.Under the terms of the Scotland Act, if the Parliament fails to nominate a first minister, within this time frame, it will be dissolved and a fresh election held.If an incumbent first minister is defeated in a general election, they do not immediately vacate office. The first minister only leaves office when the Scottish Parliament nominates a successor individual.

Oath of office

After accepting office, the first minister takes theOfficial Oath,as set out in the Promissory Oaths Act 1868.The oath is tendered by theLord President of the Court of Sessionat a sitting of the Court inParliament Housein Edinburgh.The oath is:

I, [name], do swear that I will well and truly serve His Majesty King Charles in the office of first minister of theScottish Government,So help me God.

Term in office

First Minister John Swinney taking the oath of office at theCourt of Session

The period in office of a first minister is not linked to the term ofmembers of the Scottish Parliament.The Scotland Act set out a four-year maximum term for each session of Parliament.The Act specifies than an election to the Scottish Parliament will be held on the first Thursday in May, every four years, starting from 1999.Parliament can be dissolved and an extraordinary general election held, before the expiration of the four-year term, but only if two-thirds (or more) of elected MSPs vote for such action in a resolution of the Scottish Parliament. If a simple majority of MSPs voted a no-confidence motion in the first minister or government, that would trigger a 28-day period for the nomination of a replacement; should that time period expire without the nomination of a new first minister, then an extraordinary election would have to be called.

The first minister, once appointed, continues in office as the head of the Scottish Government until they resign, are dismissed or die in office. Resignation can be triggered by the passage of aMotion of No Confidencein the first minister or the Scottish Government or by rejecting amotion of confidencein the Scottish Parliament.In those situations, the first minister must tender their resignation and the resignation of their government.In such circumstances, thepresiding officerwould appoint an interim first minister, until the Scottish Parliament determined on a new nominee to be appointed by the monarch.

During their tenure in office, the First Minister is supported by theChief of Staff to the First Minister,who acts at the first minister's principal adviser on the first minister's strategic programme in government, inter-governmental relations, co-ordination of the team of special advisers to the first minister.

Legislative powers

Scots Law and civil service

Scotland's law officers – theLord AdvocateandSolicitor General for Scotland

As detailed in the Scotland Act 1998, the First Minister is responsible for recommending to the monarch a nominee for the position ofLord AdvocateandSolicitor General for Scotland.The First Minister is also responsible for advocating whether a Lord Advocate or Solicitor General who is currently in post should be removed, subject to the approval of the Scottish Parliament.Additionally, the First Minister has various functions and responsibilities regarding the appointments and removal of Scottish judges within the Scottish court system.

ThePermanent Secretary to the Scottish Governmentis nominated by the First Minister. The permanent secretary is the most senior civil servant in Scotland who serves to promote, implement, develop and communicating the Scottish Government's policy agenda. The First Minister is directly responsible for the management of the civil service in Scotland, as well as civil service staff within the Scottish Government.

The First Minister has responsibility in respect of the exercise of operation and functions during vacancies which may arise in the offices of Lord President of the Court of Session and Lord Justice Clerk and the incapacity of the holders of those offices as outlined in the Senior Judiciary (Vacancies and Incapacity)(Scotland) Act 2006.Additionally, the First Minister considers any action relating to recommendations made by the Standards Commission or Chief Investigating Officer in regards of Crown Appointments under Section 23 of the Ethical Standards in Public Life etc (Scotland) Act 2000.

The First Minister is an official consultee regarding selections for membership of theSupreme Court.

Security and intelligence

The Scottish Government Resilience Room in operation, chaired by the First Minister

The Office of the First Minister has responsibility for all functions relating to reports made by the Interception of Communications Commissioner and Intelligence Services Commissioner as detailed in both Sections 58 and 60 of the Regulation of Investigatory Powers Act 2000.During times of national crisis, such as flooding, terror attacks or public health emergencies, the First Minister chairs theScottish Government Resilience Room(SGoRR).The function of the resilience room committee is to co-ordinate policy and response to major events in Scotland that affect the population and, with the help of specialist teams within the division assist department, develop detailed risk assessments which are used to inform policy across Scotland.

There are currently different levels of resilience response in Scotland which is overseen by the First Minister and Scottish Government ministers:

• Cabinet Sub-Committee: Scottish Government Resilience CSC
• The Scottish Resilience Partnership (SRP)
• Scottish Government Resilience (Ministerial): SGoR(M)
• Scottish Government Resilience (Officials): SGoR(O)
• Scottish Government Resilience Room (SGoRR)

The First Minister is directly responsible for each of the corresponding resilience levels in Scotland, and has the responsibility of the Scottish Government Liaison Offices who can be deployed in emergencies and national crisis to act as the principal point of contact for the First Minister, Scottish Government and other Scottish ministers.

If a crisis or emergency is considered to affect the entirely of either the United Kingdom or the British Isles, such as the2007 Glasgow Airport attack,the UK Government and Scottish Government (along with the governments of both Wales and Northern Ireland), will develop a co-ordinate response to a UK wide emergency or crisis.The First Minister is directly responsible for co-ordinating this policy and would be called to attend the UK Government's emergency room,COBRA,for instances such as a significant terrorist attack, a serious outbreak of animal disease or emergencies affecting large numbers of British citizens overseas.

Keeper of the Great Seal

The First Minister is theKeeper of the Great Seal of Scotlandwhich is considered to be one of the highest privileges of the office. The First Minister has additional responsibility over how Wafer Scottish Seals are to be kept and how they are to be taken under section 38(4) & 38(5)(b) of the Scotland Act. The First Minister has the power to sign royal warrants on behalf of the monarch.

As Keeper of the Great Seal, First Minister Humza Yousaf was the first First Minister to oversee the departure of theStone of Scone,an ancient symbol of Scotland's nationhood, forWestminster Abbeyfor usage in theCoronation of Charles III and Camillaon 6 May.

Privy Council

The First Minister becomes a member of the Privy Council upon receiving the Royal Warrant from the monarch

The First Minister is a member of the Privy Council and is appointed by the Monarch. There are a variety of matters in which the Prime Minister would offer advice to the monarch on the exercise of their functions and on which it would be appropriate for the Prime Minister to consult or to take advice from the First Minister. Such matters include the recommendations of Scottish candidates for honours and dignities, which are currently a reserved matter under the devolution settlement, and advice on the appointment of the Lords Lieutenants in Scotland, the Lord High Commissioner to the General Assembly of the Church of Scotland and members of the Royal Commission on Environmental Pollution and the Forestry Commission. There are also matters where a Minister of the Crown gives advice to the reigning monarch and the First Minister would need to be consulted by the Minister of the Crown, or would be required to give advice to that Minister of the Crown.

The Scotland Act 1998 confers upon the First Minister various functions of advising the monarch directly. Such functions include seeking the monarch's approval regarding the appointment of Scottish Ministers as well as recommending to the monarch nominations for appointment as Scottish Law Officers. Section 95 of the Scotland Act highlights the arrangements for the First Minister to nominate for the appointment as Lord President of the Court of Session and Lord Justice Clerk. Additionally, the Scotland Act also grants the First Minister to recommend to the monarch the appointment of other judges.

Executive powers

The First Minister is the head of the Scottish Government and is responsible for the overall development, implementation and presentation of the government's policies, as well as responsible promoting and representing Scotland at home and overseas.The role and powers of the first minister are set out in sections 45 to 49 of theScotland Act 1998.

Cabinet appointments

The First Minister is responsible for chairing the Scottish Cabinet

Following their appointment, the first minister may then nominateministersto sit in the Scottish Cabinet and junior ministers to form the Scottish Government. They are then formally elected by the Scottish Parliament. Ministers hold office at His Majesty's Pleasure and may be removed from office, at any time, by the first minister. The first minister also has the power to appoint the law officers and chief legal officers of the Scottish Government – thelord advocateand thesolicitor generalbut only with the support of the Scottish Parliament.

Accountability to parliament

The first minister is responsible to the Scottish Parliament for their actions and the actions of the overall Scottish Government. MSPs can scrutinise the activities of the first minister and their Cabinet by tabling written questions or by asking oral questions in the Scottish Parliament. Direct questioning of the first minister takes place atFirst Minister's Questions(FMQs) each Thursday at noon when Parliament is sitting. The 30-minute session enables MSPs to ask questions of the first minister, on any issue. The leaders of the largest opposition parties have an allocation of questions and are allowed to question the first minister each week. Opposition leaders normally ask an opening question to the first minister, relating to their meeting with the Scottish Cabinet, or when they next expect to meet the Prime Minister, and then follow this up by asking a supplementary question on an issue of their choosing.

In addition to direct questioning, the first minister is also able to deliver oral statements to the Scottish Parliament chamber, after which members are invited to question the first minister on the substance of the statement. For example, at the beginning of each parliamentary term, the first minister normally delivers a statement, setting out the legislative programme of the Government, or a statement of government priorities over the forthcoming term.

Foreign relations

Main article:International relations of Scotland

First Minister Henry McLeish meets with U.S. PresidentGeorge W. Bushin theOval Officeof theWhite House,2001

Whilst foreign policy remains a reserved matter,the Scottish Government, and the First Minister, may promote the economy and Scottish interests on the world stage and encourage foreign businesses, international devolved, regional and central governments to invest in Scotland.Whilst the first minister usually undertakes a number of international visits to promote Scotland, international relations, European and Commonwealth relations are also included within the portfolios of theCabinet Secretary for Culture, Tourism and External Affairs(responsible for international development)and theMinister for International Development and Europe(responsible for European Union relations and international relations).Overall, accountability for intergovernmental relations is the responsibility of the First Minister.

The First Minister is a member of theHeads of Government Council( "The Council" ) (previously the Joint Ministerial Committee). Other cabinet secretaries and junior ministers within the Scottish Government participate in tier two (the Inter-ministerial Standing Committee) and tier 3 (the Inter-ministerial Group) of The Council which may include areas including education, finance and economy, investment and trade and rural affairs.

The First Minister represents Scotland at the annualBritish-Irish Councilsummits.

Deputy and 'Acting' First Minister

The First Minister is supported by the Deputy First Minister

Associated with the office of first minister, there is also the post ofdeputy first minister.Unlike the office of first minister, the post of deputy is not recognised in statute and confers no extra status on the holder. Like the first minister, the deputy first minister is an elected member of the Scottish Parliament and a member of the Scottish Government. From 1999 to 2007, when Scotland was governed by a Labour–Liberal Democrat coalition, the leader of the Liberal Democrats – the junior government party – was given the role of deputy first minister; a title which they held in conjunction with another ministerial portfolio. For example,Nicol Stephen,deputy first minister from 2005 to 2007, simultaneously held the post ofMinister for Enterprise and Lifelong Learning.

On two occasions since 1999, the deputy first minister has assumed the role of 'acting' first minister, inheriting the powers of the first minister in their absence or incapacitation. From 11 October 2000 to 26 October 2000, following the death in office of the then First MinisterDonald Dewar,his deputyJim Wallacebecame acting first minister, until the Labour party appointed a new leader, and consequently first minister.Wallace also became Acting First Minister between 8 November 2001 and 22 November 2001, following the resignation ofHenry McLeish.

An officer with such a title need not always exist; rather, the existence of the post is dependent on the form of Cabinet organisation preferred by the first minister and their party. The deputy first minister does not automatically succeed if a vacancy in the premiership is suddenly created. It may be necessary for the deputy to stand in for the first minister on occasion, for example by taking thefloorat First Minister's Questions.

Precedence and privileges

The first minister asex officiothe keeper of theGreat Seal of Scotlandis permitted to fly theRoyal Banner of Scotland.

The first minister is, by virtue of section 45(7) of the Scotland Act 1998,ex officiothe keeper of theGreat Seal of Scotlandand their place in theorder of precedence in Scotlandis determined by the holding of that office.The scale of precedence in Scotland was amended byroyal warranton 30 June 1999 to take account of devolution and the establishment of the post of first minister.The amended scale reflected the transfer of the office of keeper of the Great Seal from the secretary of state for Scotland to the first minister and also created a rank for thepresiding officer of the Scottish Parliament.Throughout Scotland, the first minister outranks all others except theroyal family,lord lieutenants,thesheriff principal,theLord Chancellor,themoderator of the General Assembly of the Church of Scotland,theprime minister of the United Kingdom,Commonwealth prime ministers(whilst in the United Kingdom), thespeaker of the House of Commonsand theLord Speaker.As keeper of the Great Seal, the first minister is entitled to fly theRoyal Banner of Scotland.

As of April 2015, the first minister is entitled to draw a total salary of £144,687, which is composed of a basic MSP salary of £59,089 plus an additional salary of £85,598 for the role as first minister.This can be compared to the UK Prime Minister who is entitled to draw a total salary of £142,500, composed of a basicMPsalary of £67,060 and an additional office holder's salary of £75,440 (the total entitlement for the prime minister had peaked at £198,661 in April 2011 but this was then dropped by around 25%).The first minister is the highest paid member of the Scottish Government. Sturgeon said she would claim £135,605, £9,082 less than her entitlement, as part of a voluntary pay freeze pegging her salary to 2008/09 levels.

The first minister traditionally resides atBute Housewhich is located at number 6Charlotte Squarein theNew TownofEdinburgh.The house became the property of theNational Trust for Scotlandin 1966, after the death of the previous ownerJohn Crichton-Stuart, 4th Marquess of Buteand remains in the ownership of the National Trust for Scotland.Prior to devolution, Bute House was the official residence of the Secretary of State for Scotland.Weekly meetings of the Scottish Cabinet take place in the Cabinet room of the house.Bute House is also where the first minister holds press conferences, hosts visiting dignitaries and employs and dismisses government Ministers. The Office of the First Minister is located atSt Andrews Housein Edinburgh.

Appointments to thePrivy Council of the United Kingdomare made by themonarch,although in practice they are made only on the advice of theUK government.To date all first ministers have been appointedmembersof the Privy Council, and therefore entitled to use the style 'Right Honourable'.

• Privileges of office of First Minister
• 
  Official Residence,Bute Houseat 6 Charlotte Square inEdinburgh
• 
  The First Minister has an office atSt Andrew's House
• 
  One of the vehicles used by the Office of the First Minister, theTesla Model 3
• 
  The First Minister, and other ministers, also use theKia Optima
• 
  The First Minister has an office within theScottish Parliament building

List of nominating elections

Party key		Scottish Conservatives
		Scottish Labour
		Scottish Liberal Democrats
		Scottish National Party
		Scottish Greens
		Scottish Socialist Party
		Independent

First Minister nominative elections

Parliamentary term	Date	Candidates	Votes received
1st Parliament	13 May 1999	Donald Dewar	71
		Alex Salmond	35
		David McLetchie	17
		Dennis Canavan	3
	26 October 2000	Henry McLeish	68
		John Swinney	33
		David McLetchie	19
		Dennis Canavan	3
	22 November 2001	Jack McConnell	70
		John Swinney	34
		David McLetchie	19
		Dennis Canavan	3
2nd Parliament	15 May 2003	Jack McConnell	67
		John Swinney	26
		David McLetchie	18
		Robin Harper	6
		Tommy Sheridan	6
		Dennis Canavan	2
		Margo MacDonald	2
3rd Parliament	16 May 2007	Alex Salmond	49
		Jack McConnell	46
4th Parliament	18 May 2011	Alex Salmond	68
	19 November 2014	Nicola Sturgeon	66
		Ruth Davidson	15
5th Parliament	17 May 2016	Nicola Sturgeon	63
		Willie Rennie	5
6th Parliament	18 May 2021	Nicola Sturgeon	64
		Douglas Ross	31
		Willie Rennie	4
	28 March 2023	Humza Yousaf	71
		Douglas Ross	31
		Anas Sarwar	22
		Alex Cole-Hamilton	4
	7 May 2024	John Swinney	64
		Douglas Ross	31
		Anas Sarwar	22
		Alex Cole-Hamilton	4

Timeline of Scottish first ministers

Main article:List of first ministers of Scotland

See also

• List of current heads of government in the United Kingdom and dependencies

External links

• Office of the First Minister of Scotland website
• Scottish Cabinet
• Scottish Parliament Official Report