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Annual Report 2005 Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 This is part of a series of departmental reports which, along with the Main Estimates, the document Public Expenditure: Statistical Analyses 2005, and the Supply Estimates 2005-06: Supplementary Budgetary Information, present the Government's expenditure plans for 2005-2008. If you have any general comments or queries about this report, please forward them to Ian Allen, Head of Business Support at the Scotland Office, 1 Melville Crescent, Edinburgh EH3 7HW (Tel: 0131-244-9050 or e-mail at [email protected]. Further information can also be obtained at our website: www.scottishsecretary.gov.uk. Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 Presented to Parliament by the Secretary of State for Scotland and by the Chief Secretary to the Treasury by Command of Her Majesty June 2005 Cm 6544 Edinburgh: The Stationery Office £14.00 Crown Copyright 2004 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected] Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 and Office Scotland Office 0 10 165442 1 ii Contents Page Foreword by the Secretary of State for Scotland v 1. Organisation and Forward Objectives 1 l Scotland Office 2 l The Boundary Commission for Scotland 6 l The Commission on Boundary Differences and Voting Systems in Scotland 6 l Objectives for 2005-06 6 l Future Strategy 7 l Office of the Advocate General for Scotland 10 l Objective for 2005-06 13 l Future Strategy 13 l Office of the Solicitor to the Advocate General 13 l Legal Secretariat to the Advocate General 14 2. Performance 15 l Scotland Office 15 l Office of the Advocate General for Scotland 22 l Scotland Office and the Office of the Advocate General for Scotland 25 3. Government Expenditure in Scotland 26 4. Delivering Efficient Government 30 Annexes 33 Annex 1: Departmental Expenditure Limit - Scotland Office and Scottish Executive 34 Annex 2: Grant Payable to the Scottish Consolidated Fund 2003-04: Provision and Outturn 35 Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 and Office Scotland Office iii Page Annexes (cont.) Annex 3: Grant Payable to the Scottish Consolidated Fund 2004-05: Original and Final Provision 36 Annex 4: Reconciliation of Grant payable to the Scottish Consolidated Fund with Total Managed Expenditure in Scotland: 2005-06 37 Annex 5: Scotland Act Orders 38 Annex 6: UK Government Bills 39 Annex 7: Scrutiny of Scottish Parliament Bills 40 Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 and Office Scotland Office iv Foreword by the Secretary of State for Scotland This is my second report on the work of the Scotland Office and the Office of the Advocate General for Scotland. It sets out what we have done over the last year and our plans for the future. During 2004-05, the Office worked with the Scottish Executive and UK Government departments, to ensure that Scotland’s interests were taken fully into account in the development of policy. Of particular note were the Civil Partnerships Act, with significant Scottish elements and the Railways Act, which provided Scottish Ministers with new powers over rail infrastructure in Scotland, complementing their existing powers over rail services. The completion of the Scottish Parliament (Constituencies) Act 2004 removed the statutory link between Westminster and Holyrood boundaries, thereby securing the retention of 129 members of the Scottish Parliament when the number of MPs was reduced as required by devolution. As a result the Scottish Parliament can continue to function effectively, while Westminster representation has been established in proper proportion to the rest of the UK. Concerns regarding the number of voting systems and constituency boundaries are being considered by the Arbuthnott Commission which I expect to report by December 2005. I also plan to transfer the activities of the Boundary Commission for Scotland to the Electoral Commission. This continues our consolidation and streamlining of functions connected with the administration of electoral matters. We maintained close links with major business and representative bodies in Scotland, and will obviously continue with this work in the coming year. In particular the early part of 2005 saw an increasing engagement with Scottish NGOs in the field of international development, as part of the government’s determination to use the G8 summit as a springboard for substantive progress towards the eradication of poverty. The Office of the Advocate General has seen a significant increase in work in some areas over the last year and this is expected to continue. The Advocate General will continue to act independently as a UK Law Officer in the House of Lords. Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 and Office Scotland Office v The devolution settlement is now embedded in the political landscape and continues to mature. The Scotland Office work ensures its stability by developing the partnership between the devolved authorities and the United Kingdom Government. The Rt Hon Alistair Darling MP. Secretary of State for Scotland Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 and Office Scotland Office vi Chapter 1: Organisation and Forward Objectives Introduction 1.1 The devolution settlement for Scotland, a major element of the Government’s programme of constitutional reform, was implemented within two years of the General Election in 1997. The White Paper Scotland’s Parliament set out the proposed approach, which received popular support in the referendum in September 1997. The legislative framework was contained in the Scotland Act 1998, and non-statutory arrangements were further set out in the: l Memorandum of Understanding and Concordats which govern relations between the Government and the devolved administration; l Statement of Funding Policy which sets out the financial basis for funding the devolved administrations; and l Devolution guidance notes to UK Departments. 1.2 The devolution settlement has established a partnership of Parliaments in which the Government and the Scottish Executive are responsible for different, but complementary, areas of policy. The UK Parliament remains sovereign, but the Government has indicated that it will not normally seek to promote legislation at Westminster in relation to devolved matters without the consent of the Scottish Parliament (“Sewel motion”). Department for Constitutional Affairs 1.3 In June 2003, staff of the Scotland Office and the Office of the Advocate General for Scotland became part of the Department for Constitutional Affairs (DCA). 1.4 The Scotland Office and the Office of the Advocate General for Scotland are distinct and separate entities within the DCA. They are part of the DCA for a range of staff, finance and management matters but report directly to their respective Ministers. The costs of the Offices as well as the provision for the expenditure of the devolved authorities in Scotland form a separate, ring- fenced, element of the DCA estimate. Policy responsibility for payment of the grant to the Scottish Executive remains with the Secretary of State for Scotland. Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 and Office Scotland Office 1 1.5 Although the Offices are separate entities within the DCA, they still work closely together and share a range of common services on matters such as finance, IT, accommodation and human resources. This Annual Report covers the work of both Offices for the year. Scotland Office Aim The aim of the Scotland Office is to give the Secretary of State for Scotland the best possible support in promoting the devolution settlement and in representing Scottish interests within the UK Government. Functions 1.6 The primary functions of the Scotland Office are: l to promote the devolution settlement for Scotland; l to continue to represent Scottish interests within the UK Government on matters reserved to the UK Parliament; l to exercise certain residual functions in reserved areas, notably under the Scotland Act 1998, but also in relation to elections and private legislation; and l to pay grant to the Scottish Consolidated Fund. 1.7 For devolved matters, the Scottish Executive carries out executive functions which were the responsibility of the Secretary of State for Scotland before 1 July 1999; and is accountable to the Scottish Parliament which is able to make legislation for Scotland. The Scotland Office works closely with the Scottish Executive to ensure that the devolution settlement operates effectively. Ministers 1.8 The Secretary of State for Scotland is responsible for representing the interests of Scotland within the UK Government on matters reserved to the UK Parliament. The Rt Hon Alistair Darling MP was appointed Secretary of State on 12 June 2003. He was assisted by the Parliamentary Under- Secretary of State for Scotland, Anne McGuire MP, who was appointed to the Scotland Office on 29 May 2002 and to the Department for Constitutional Affairs on 12 June 2003. Following the general election in May 2005, David Cairns MP was appointed Parliamentary Under-Secretary from 10 May 2005. Scotland Office and Office of the Advocate General for Scotland Annual Report 2005 and Office Scotland Office 2 Secretary of State Parliamentary for Scotland Under-Secretary of The Rt Hon State for Scotland Alistair Darling MP David Cairns MP 1.9 The Secretary of State retains overall responsibility for the operation of the Scotland Office and represents Scottish interests at Cabinet level.
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