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How the Scottish works What is the ?

The Scottish Parliament was established What can the Scottish Parliament decide? in 1999. It is made up of 129 elected representatives, who are known as Members The Scottish Parliament has power to make of the Scottish Parliament or MSPs. laws on a range of issues that are known as devolved matters. The Act 1998 gave the Scottish Parliament power to pass laws affecting Devolved matters include: Scotland on a wide range of domestic issues and to vary the basic rate of income tax by up • agriculture • local government to three pence in the pound. The Scotland Act • civil and • planning 2012 gives the Scottish Parliament enhanced criminal justice • police and fire powers, which will come fully into effect in 2016. • education services • environment • social work • health • sport and the arts • housing • transport Following the referendum on Scottish on 18 September 2014, a What cannot be decided by the i process is underway to transfer further Scottish Parliament? powers to the Scottish Parliament. Some issues concerning Scotland that have a UK or international impact remain the responsibility of the UK Parliament alone. These are known as reserved matters and include foreign affairs, defence, immigration The Scottish Parliament building, and social security. 2 3 The Scottish Parliament and the

The Scottish Government is a separate organisation from the Scottish Parliament, The Scottish with a different role and different functions. Parliament (left); the Scottish Government The Scottish Parliament: The Scottish Government: building at Victoria Quay (right) • is the law-making body in Scotland for • is responsible for developing and devolved matters and scrutinises the implementing policy on devolved matters work of the Scottish Government • is normally formed from the party holding • is made up of the 129 MSPs most seats in the Scottish Parliament • elects a Presiding Officer who chairs • is led by the , and The Scottish Government meetings of the Parliament and comprises Cabinet Secretaries and represents the Parliament externally Ministers chosen by the First Minister The MSPs elect one MSP • is located in the Scottish Parliament • is located in buildings across Scotland, as First Minister, usually Holyrood building at the foot of with its main offices in central Edinburgh The Scottish Parliament from a list of candidates. Edinburgh’s . and . The people of Scotland Scottish Government elect 129 MSPs to the Ministers are accountable The MSP elected as Scottish Parliament. to the Scottish Parliament. First Minister can appoint Both the Scottish Government and the Scottish Parliament The Scottish Parliament is Cabinet Secretaries and i are accountable to the people of Scotland through elections. the law-making body. Ministers, but only with the approval of the Parliament.

4 5 How are MSPs elected

to the Scottish Parliament? Scottish Conservative and Unionist Party Party With one vote, people choose between Scottish Liberal Democrats At a Scottish Parliament election candidates standing in their constituency. The each voter has two votes – one for their candidate winning the largest number of votes will gain the constituency seat. There is a total i constituency and one for their region. Scottish Parliament of 73 constituency MSPs. constituency seats won in 2011, by party The other vote is for a political party, or for Each person in Scotland is normally a candidate standing as an individual, within represented by one constituency MSP and a larger electoral area called a Scottish seven regional MSPs. All MSPs have equal Parliament region. There are eight Scottish status in the Parliament and constituents may Parliament regions. Each region has seven contact any of the eight who represent them. seats in the Parliament. In each region, parties are allocated seats depending on the Elections to the Scottish Parliament normally number of votes they receive in this regional take place every four years. The voting ballot, and taking into account the number of system used is a type of proportional constituency seats they win in the region. representation known as the Additional The members chosen to fill these additional A polling place Member System (AMS). 56 seats are known as regional MSPs. (above) and a ballot box (below)

There are 129 MSPs; 73 are constituency MSPs and i 56 represent the eight larger regional areas.

6 7 What do MSPs do?

MSPs represent their constituents on matters that can be decided by the Scottish i Parliament, such as education, health and the environment.

MSPs generally spend Mondays and Fridays In representing their constituents, MSPs can: working in their constituencies. The main parliamentary business days are Tuesdays, • lodge a motion to get support for an Wednesdays and Thursdays, when MSPs issue or to put it forward for debate in attend meetings and debates the Parliament in the Chamber. In addition, MSPs may • attend committee meetings hold constituency surgeries or attend other • speak in a debate meetings in the evenings and at weekends. • introduce a to change the law • propose an amendment (a change) Most MSPs are members of at least one to a bill parliamentary committee, and many also • ask a question of the Scottish have a role as spokesperson for their party on Government a particular subject such as justice, education • refer matters to, or ask questions of, or health. another person or organisation • ask a question of the Scottish Parliamentary Corporate Body.

MSPs out and about in the community 8 9 Conservatives First Minister and Scottish Government Ministers

Which political parties are represented in Liberal Democrats Greens Independent the Scottish Parliament? Independent Greens Liberal Democrats Conservatives Labour SNP Chamber Following the fourth Scottish Parliament seating plan, general election on 5 May 2011, the Scottish May 2011 National Party (SNP) has an overall majority. The number of seats won by each party was as follows:

• The Scottish National Party 69 • The Scottish Labour Party 37 SNP • The Scottish Conservative Labour and Unionist Party 15 Conservatives • The Scottish Liberal Democrats 5 Liberal Democrats • The Scottish 2 Greens • One independent MSP was also elected. Independent

The current Scottish Government is an SNP majority government. i Previous governments were a or coalitions.

Presiding Labour SNP Officer MSPs usually sit in their party groups in the Debating Chamber. Meeting of the Parliament in the Chamber, May 2011 (above) 10 11 What does the Presiding Officer do?

At the start of the parliamentary session The Scottish Parliamentary Corporate Body after a general election, one of the MSPs is (SPCB) is made up of four members elected elected by the others to serve as Presiding by the Parliament from among the MSPs. Officer. Two MSPs are also elected as Deputy The SPCB makes decisions about how the Presiding Officers. Parliament is run, ensuring it has the staff and facilities it needs to carry out its work. The Presiding Officer:

• chairs meetings of the Parliament • chairs meetings of the Scottish The Presiding Officer has no party Parliamentary Corporate Body and the affiliation while in post but Parliamentary Bureau continues to serve constituents as • represents the Parliament in i discussions with other parliamentary or a constituency or regional MSP. governmental bodies • represents the Parliament at events across Scotland and abroad.

The Presiding Officer, MSP (above) and Deputy Presiding Officers (below left) John Scott MSP, (below right) Elaine Smith MSP chairing meetings of the Parliament 12 13 How is parliamentary business organised?

The Parliamentary Bureau is a group of The Parliament works in two main ways: MSPs representing political parties and groupings with five members or more in the Meetings of the full Parliament Parliament. They meet regularly to propose the programme of business for the Parliament. All MSPs can attend these meetings, which are normally held on Tuesdays, Wednesdays and Thursdays in the Debating Chamber. Each party is allocated time in the Chamber A record of what is said at all public on the basis of the number of MSPs it has. meetings of the Parliament and Committee meetings i its is published in the Official Report. Committees are small groups of MSPs who focus on a specific subject, such as justice or health. Committee meetings generally take place on Tuesday, Wednesday and Thursday mornings.

Members of the public can book tickets for meetings The Parliament meeting in the i of the Parliament and committees. Debating Chamber (above); a committee meeting in a committee room (below)

14 15 Participants at a Festival of Politics What happens in the event (above) and MSPs meeting in the Debating Chamber Debating Chamber? (below)

As well as deciding on new laws, Chamber Question Time: This is when MSPs ask business can include: questions of Cabinet Secretaries and Ministers. Time is allocated each week for Time for Reflection: This is when an invited topical questions and for general questions. person addresses the Parliament for up to Time is also allocated weekly on a rota basis four minutes. It is normally the first item of for portfolio questions based on ministerial business each week. remits.

Debates: These are discussions between Ministerial statements: These are used MSPs in the Parliament, normally based on by Ministers to inform the Parliament about a motion. A motion is a proposition that urgent matters or to make announcements is considered and decided upon by the on policy. After the statement, there is an Parliament or a committee. opportunity for MSPs to ask questions.

First Minister’s Question Time: This is when Decision Time: This is when MSPs decide MSPs ask questions of the First Minister. Six on the motions discussed that day, often by questions are selected by the Presiding Officer. voting. Decision Time generally takes place from 5pm on Tuesday, Wednesday and Thursday.

Members’ business: This is a debate The Debating Chamber is where meetings of the full proposed by an MSP who is not a are held. It is where MSPs meet to debate topical the Scottish Government. Generally the topic i issues and decide on new laws. It is also used for a range of discussed is of concern to the MSP’s local events involving invited guests and members of the public. area or of particular interest to the MSP.

16 17 Committee meeting in progress

How do the committees work? Committee work includes: Convener Official Reporters Legislation: Committees can consider MSPs Clerk and amend proposals for new laws. They can also propose new laws themselves in the form of committee bills. Committees play an important role in the Under parliamentary rules, the Parliament Scottish Parliament because, unlike the must establish a number of mandatory Inquiries: Committees can investigate UK Parliament at , the Scottish committees. These include the Public any area that is within their remit Parliament is a single-chamber parliament, Petitions Committee and the Public Audit and publish a report setting out their with no upper house or second chamber. Committee. The Parliament can also set recommendations. These reports might up subject committees to look at areas of then be discussed at a meeting of the full Each committee is chaired by a convener, and policy such as justice, education and health. Parliament. most committees currently have seven or nine In addition, committees can be established MSPs as members. These are selected with to consider specific issues or pieces of Other areas: Committees can also regard to the balance of the various political legislation. consider and report on the policy and parties and groupings in the Parliament. operation of the Scottish Government, on European legislation, on secondary A committee can invite any person to attend Committee meetings are (or subordinate) legislation and on public a meeting as a witness. Witnesses give petitions concerning any subject within evidence or provide documents related to the normally held in public their remit. business of the committee. i and can take place anywhere in Scotland.

Press and public Witnesses

18 19 How does the Parliament make laws?

A public bill to change the general law of Stage 2: The bill is considered in detail by a Scotland can be introduced to the Parliament committee or, occasionally, by a Committee of by members of the Scottish Government, by the Whole Parliament. Amendments to the bill parliamentary committees or by individual can be made at this stage. MSPs. A private bill can be introduced by an individual person, company or group of people Stage 3: The bill is again considered in order to obtain powers to do things that they at a meeting of the Parliament. Further would not otherwise be able to do. amendments can be made and the Parliament then debates and decides whether to pass the The stages of a bill bill in its final form.

The parliamentary process followed by a Once a bill has been passed, there is a bill depends on the type of bill, but usually four-week period during which it may be consists of three stages: challenged if it is believed to be outside the law-making powers of the Scottish Parliament. Stage 1: The appropriate parliamentary If it is not challenged, it is then submitted by committee(s) takes evidence on the bill and the Presiding Officer to HM The Queen for The Scottish Parliament produces a report on its general principles. . considers and makes laws A meeting of the Parliament then considers for Scotland on devolved the report and debates whether to agree to On receiving royal assent, a bill becomes an i matters. Proposals for new the bill’s general principles. If the Parliament Act of the Scottish Parliament. Some Acts, or laws are introduced in the agrees, the bill goes on to stage 2. If it does sections of an Act, come into force as soon as not agree, the bill falls. royal assent is granted. However, the Scottish Parliament as bills. Government is often responsible for setting a date or dates on which the Act, or parts of it, will come into force. MSPs on fact-finding visits 20 21 Acts of the Scottish Parliament

The Freedom of Information (Scotland) Act 2002 gave people the legal right to In the first 15 years of the Scottish access information held by a wide range Parliament, more than 220 bills were of Scottish public authorities, including the i passed and became Acts of the Scottish Parliament, the Scottish Government Scottish Parliament. and local councils.

The Smoking, Health and Social Care (Scotland) Act 2005 introduced a ban on Examples of Acts of the Scottish smoking in public places such as bars and Parliament include: restaurants. It also introduced universal free eye and dental checks. The Community Care and Health (Scotland) Act 2002 introduced a range of The Disabled Persons’ Parking Places measures designed to meet the care needs (Scotland) Act 2009 made disabled persons’ of Scotland’s older population, including free parking places legally enforceable, preventing personal and nursing care. the misuse of such parking places by those not entitled to use them.

The Marriage and Civil Partnership (Scotland) Act 2014 introduced same- sex marriage and the religious and belief registration of civil partnerships.

22 23 How can I find out more?

• The Parliament’s website For more information on the Scottish Parliament, www.scottish.parliament.uk contains contact Public Information: all the materials published by the Scottish Parliament, including the Public Information Business Bulletin, which details the The Scottish Parliament work currently timetabled for the Edinburgh Parliament, and the Official Report. EH99 1SP 0800 092 7500 • You can follow debates and most or 0131 348 5000 committee meetings live on the internet 0131 348 5395 (Gàidhlig) using our webcast service. Access to the internet is available from most We also welcome calls using the libraries in Scotland. Text Relay service. • You can visit the Parliament and watch Text the Scottish Parliament on meetings in the Debating Chamber or a 07786 209888 committee room. To book tickets, please contact the Visitor Information Desk in the [email protected] Main Hall, telephone 0131 348 5200 or 0800 092 7600, or email www.scottish.parliament.uk [email protected] • You can request copies of other leaflets @ScotParl in this series or read them and Frequently Asked Questions (FAQs) on /scottishparliament our website. /scottishparl

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3rd Edition (Feb 2008)

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5th edition, October 2014 Scottish Parliamentary Corporate Body 10039291 LC17522 -10/14