Higher Modern Studies Political Issues in the United Kingdom Study Theme 1A: Devolved Decision Making in

In 1707, Scotland ceased to have its own Parliament when it joined with the government of England. However, many of the political and cultural features which were enjoyed as an independent country have been retained, leading to the assertion that Scotland is a nation but not a state. There have been varying degrees of support for a separate decision- making institution for Scotland throughout the 20th century amid claims of a lack of specific Scottish laws to meet specific Scot tish problems.

In 1997, the Labour Government swept to power in the UK Parliament with a manifesto pledge to offer Scottish voters a devolution settlement – a Parliament with the ability to legislate for Scotland. Since the opening of the Parliament in 1999, the political landscape of Scotland has changed dramatically.

The results of the 2007 and 2011 elections, which saw the SNP with first a minority, and then a majority elected government, are likely to have far-reaching consequences for the overall constitutional settlement of the UK. Scotland’s first ever First Minister, , remarked, “Devolution is a process, not an event”. The process is still ongoing.

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Study Theme 1A: Devolved Decision Making In Scotland

The first elected Scottish Parliament sat down for the first time in May 1999. The new Parliament building at Holyrood opened in October 2004. Both the Parliament and the building have been strongly criticised by the Scottish media and voters. Despite this, studies have shown that Scottish voters do not wish to return to rule from Westminster alone.

The Road to Devolution –

powerpoint

Devolution

Devolution is the transfer of powers from a central body to devolved administrations. In the UK, some powers have been transferred from the UK Parliament at Westminster to various nations and regions. - Scottish Parliament - National Assembly for Wales - Northern Ireland Assembly - levels of devolution in London and plans for further devolution to English regional assemblies.

Because of devolution, the people of Scotland have their own parliament where, under the terms of the Scotland Act (1998), they are free to pass laws on a range of issues and have the power to raise or lower the basic rate of income tax by up to 3 pence in the pound.

In Scotland, devolved matters include education and health (the NHS in Scotland).

The Scotland Act also specifies other matters on which the Scottish Parliament cannot pass legislation. These are known as reserved matters and include defence and national security.

Despite this degree of self-government for specific countries and regions, the UK Government still has overall or absolute power and can reverse the devolved settlements at any time.

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Difference between Scottish Parliament and

The Scottish Parliament and the Scottish Government are often mistakenly taken to mean the same thing. However, it is important to recognise they are different and separate organisations. They are interdependent: the government derives legitimacy from parliament, and parliament relies on the government to take care of the business of government and administration.

The Scottish Parliament is made up of 129 MSPs elected by people of Scotland. The Parliament elects a presiding officer, who chairs meetings of the parliament and represents parliament externally. The Scottish Parliament is the law-making body in Scotland for devolved matters. It scrutinises the work of the Scottish Government. It is located in Holyrood, at the foot of the Royal Mile.

The Scottish government is separate from the Scottish Parliament, with a different role and function. It is led by the first minister and compromises cabinet secretaries and ministers chosen by the first minister. The government is responsible for developing and implementing policy on devolved matters. It is located in buildings across Scotland, with its main offices in central and .

TASK 1

1. Explain how Scotland became a devolved nation.

2. Explain the term ‘devolution’.

3. How are the Scottish Parliament and Scottish Government different?

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The Founding Principles of the Scottish Parliament

The Scottish Parliament was set up with four founding principles at its core:

• Accessibility • Accountability • Equal Opportunities • Sharing Power



TASK 2

Read pages 6, 7 and 8 of the UK Politics textbook and answer the questions on page 8.

WARNING! There has been another election since this textbook was published so use the information in the table below to help with questions on women and ethnic minority representation.

Elections to the Scottish Parliament

Elections to the Scottish Parliament take place every 4 years in May and usually

4 cannot be changed. However, due to conflict with Westminster, the next election will beTASK in May 3 2016. The Conservative-Liberal Democrat coalition decided to fix Westminster election terms to every 5 years, causing a clash with the 2015 Holyrood elections. The SNP government took the decision to postpone the Scottish elections byRead one yearpages to avoid9 and voters 10 of having the UK to votePolitics in 2 textbookmajor elections. and answer the questions on page 10. (CSG = Consultative Steering Group, a group of people set up to decide on way forward for devolution.) Elections to the Scottish Parliament use the Additional Member System (AMS). Labour, it is fair to say, would have preferred the FPTP system used at Westminster. Remember again the 2011 election! SNP won 45.4% of the vote and the Labour’s votes tend to be concentrated in urban areas. The FPTP system rewards partiesmajority which of have seats, a strong the geographicalfirst time for base. the The Scottish Liberal Democrats Parliament would elections have . liked the STV system, which is a more ‘pure’ proportional system. Seats are distributed more in line with the proportion of votes a party receives. However, the Scottish Constitutional Convention agreed on AMS as a compromise. This has had far-reaching consequences for the Parliament. There are 129 Members of the Scottish Parliament (MSPs); 73 of these are elected by the traditional FPTP. The remaining 56 are ‘additional’ members, elected by the voters from ‘lists’ put forward by the political parties.



Two ‘types’ of MSP

The AMS system creates two ‘types’ of MSP. The constituency MSP wins a straightforward FPTP contest against their political opponents. They are elected, on the first FPTP election, to represent the voters of a specific constituency (e.g. Motherwell and ). The List MSP represents a wider geographical area (e.g. Central Region). They are elected as a result of the percentage of the vote their party receives in the second ‘List’ vote.

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In 2011, in the Scottish Parliament constituency of Motherwell and Wishaw, John Pentland was elected as the constituency MSP (see table below). There were also seven additional ‘list’ MSPs elected, as part of the wider Central Scotland region which includes Motherwell and Wishaw. So, for example, if a constituent in Motherwell and Wishaw has an issue in the area that requires the MSP’s attention, he/she could go to John Pentland as the constituency MSP to do something about it. But he/she could, in theory, approach a list MSP instead. The voter could, for example, consult Conservative MSP Margaret Mitchell, who is one of Central Scotland region’s seven list MSPs.

Representation in Motherwell and Wishaw

Motherwell and Wishaw 2011 Constituency Result

Party Percentage of votes

Labour 43.81%

Scottish National Party 41.4% Conservative 7.17%

Name Party Votes % John Pentland Labour 10,713 43.81 John Pentland Clare Adamson SNP 10,126 41.41 MSP, Motherwell Robert Burgess Conservative 1,753 7.17 and Wishaw, John Swinburne ASPP 945 3.86 Labour Tom Selfridge SCP 547 2.24 Beverley Hope Liberal Democrat 367 1.5 Majority 587 votes Electorate 53,610

Turnout (24,451) 45%

There are factors that cause tensions between constituency and list MSPs. One consequence of the electoral system is that the traditional link between constituents and their representatives is now more complex. The constituency MSP represents a specific area and, having defeated other party candidates in a straightforward first past the post contest, he or she can claim to be the ‘people’s choice’. However, voters also have regional representatives. Both constituency and list MSPs complain about each other’s actions. Constituency MSPs are convinced that list MSPs complain about each other’s actions. Constituency MSPs are convinced that list MSPs ‘cherry pick’ local issues and conduct electioneering with the purpose of winning the seat at a future election.

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In contrast, list MSPs argue that constituency MSPs regard them as second- class politicians. It is significant that much of the criticism of list MSPs comes from Labour MSPs. Labour tends to do better in FPTP constituency elections and resents list MSPs who failed to win under FPTP. In 2003 the then Labour MP Brian Wilson controversially stated that “list MSPs were underemployed wastes of space”. In the 2011 election, Labour’s failure to place its heavyweight constituency candidates onto the list system had disastrous consequences. They lost 22 of their constituency MSPs from the previous election. The growth of the SNP, ’s popularity, the collapse of the Liberal Democrats and poor election tactics, all contributed to Labour’s loss of seats.

TASK 4

1. What is the difference between a “constituency” MSP and a “list”

MSP?

2. What factors may cause tension between constituency and list

MSPs?

3. Why is it difficult to generalise over the effectiveness of

constituency or list MSPs?

What do MSPs do?

• Join committees in parliament • Take part in debates • Question the Scottish Government • Can be appointed to a Cabinet position within the Scottish Government • Represent their constituents in parliament • Hold surgeries in their constituency/region • Attend meetings/events about local issues • Can submit a member’s bill Link - The Work of an MSP Legislation

There are two different types of bill that can be introduced: a public bill and a private bill.

Public bills: Introduced by MSPs in the parliament: - Scottish Government – executive bill - Parliament Committee – committee bill - Individual MSP – members’ bill

Private bill: Introduced by an individual or a group.

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Legislation is proposed, debated, and passed if it has been successful. Once a bill has been passed by the Scottish Parliament, it goes to the Queen for Royal Assent. If it is approved then a bill becomes an Act of the Scottish Parliament. Having to receive Royal Assent could be seen as a limitation of the Scottish Parliament's power. Between 2003 and 2007, executive bills accounted for around 70% of all legislation introduced, with a success rate in achieving royal assent of 87%.

The Legislative Process (how a bill becomes a law)

The Scottish Parliament has legislative power in devolved matters. A Bill can be introduced in a number of ways. Most Bills are initiated by the Government. Backbench MSPs also have the opportunity to submit a proposal for a Bill, in the form of a Members’ Bill, although these are less likely to succeed. Between 1999 and 2007, successful Members’ Bills tended to be uncontroversial. These have included a ban on foxhunting and approval for an official St. Andrew’s Day holiday. Since the Parliament was established, the number of Members’ Bills submitted has diminished. Once introduced, the Parliament has many opportunities to amend or oppose the Bill. Each Bill passes through stages as follows:

The legislative process normally works like this:

Stage 1 The relevant committee looks into the general principles of the Bill and usually asks for evidence from interested people – e.g. The Health Committee will consider and report on matters relating to health legislation and policy. The Bill is then debated by the whole Parliament. The Parliament decides whether the Bill should go on to Stage 2. This is the most important stage - if a Bill passes here, it is likely to become a law.

Stage 2 The Bill goes back to the relevant committee to be looked at in detail. The committee examines the Bill line by line and may make amendments to its wording.

Stage 3 The Parliament looks at the Bill again. Further amendments may be made to the text of the Bill before all MSPs debate the Bill as a whole and decide whether to pass it. If the Bill is passed, it is sent to HM The Queen to receive Royal Assent. Once it has received Royal Assent, the Bill becomes an Act of the Scottish Parliament and it becomes law. Bills include sections that state when they will come into effect and how they will be put into practice if they become the law.

The Scottish Parliament was intended to adopt a consensual approach to decision-making. Research undertaken since 1999 suggests that the government has in general shown a healthy respect for Parliament. The Government has also acknowledged and upheld the importance of the committees in scrutinising legislation.

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What happens in Parliament?

Debates

The debating chamber is the focal point of the Scottish Parliament’s business. All 129 MSPs come together to debate issues and decide on new laws. Debates also allow MSPs to discuss topical issues. Debates are usually based on a motion, which is a proposal that the parliament should do something or express an opinion about an issue and MSPs can suggest amendments to a motion.

Voting

Voting happens on any amendments that have been suggested to a motion. At decision time, the presiding officer goes through the list of motions and amendments that have been have been considered that day and, for each one, asks MSPs if they agree with what is being proposed. If any MSP answers ‘no’ then there will be a vote. MSPs press either ‘yes’, ‘no’ or ‘abstain’ on the electronic consoles on their desks. The computer system then calculates the result and it is announced by the presiding officer.

Members’ Business

Members’ business is a debate on a motion proposed by an individual MSP who is not a cabinet secretary or minister. Members’ Business allows individual MSPs to influence the decision-making process by highlighting an issue of concern to their constituents or of interest to themselves that may not otherwise receive attention. It normally takes place after decision time on Wednesdays and Thursdays and lasts up to 45 mins. No vote is taken.

Parliamentary Questions

A Parliamentary Question is one of the ways individual MSPs can hold the government to account. It is frowned upon if MSPs try to use a question to make a political statement. MSPs can ask questions at First Minister’s Questions and during a general question time. They can also ask emergency questions or a question following a ministerial statement. First minister’s questions: Every Thursday for up to 30 mins. MSPs can ask questions of the first minister.

Link - First Minister's Questions

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General question time: One day each week for up to 20 mins, MSPs can ask general questions of the cabinet secretaries and ministers. There is also a 40 minute period set aside for questions on specified themes such as health or education.

Emergency questions: Allows MSPs to get information on a matter of immediate concern.

Questions following a ministerial statement: A cabinet secretary or minister delivers a statement to inform parliament about urgent or topical issues. e.g. severe weather.

Legislative Consent Motions (formally known as Sewell motions)

When the Scottish Parliament legislates for Scotland on devolved matters, the UK parliament at Westminster continues to legislate on reserved matters. In certain circumstances the Scottish Parliament may give its consent for Westminster to legislate for Scotland on devolved matters. This is known as a legislative consent motion. They are generally used when: - It makes sense to legislate on a UK-wide basis. - It will save legislative time in the Scottish Parliament - Legislating at Westminster could be an issue that straddle both devolved and reserved matters - An operational role is proposed for Scottish ministers in reserved areas.

Between 1999 and 2011 there were 112 legislative consent motions in areas such as climate change, serious crime, immigration, adoption and children. Most are related to the justice and security areas.

There are conflicting views over the use of these motions. Do they diminish the importance of the Scottish Parliament and the democratic process? Do they operate to the benefit of the people of Scotland? Westminster will not pass bills that contain relevant provisions without obtaining the consent of the Scottish Parliament but critics argue that the Scottish Government is using Westminster to legislate on controversial issues and bypassing contentious debate at Holyrood by using them.

Committees in the Scottish Parliament

It is generally accepted that the real work of the parliament is done in committee rooms. Every piece of legislation that comes out of Holyrood will have come under the scrutiny of one or more of the Scottish

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Parliament’s committees. Out of the three stages in the passage of a bill, the legislation is scrutinised by a committee at two of them before the whole parliament debates whether to pass it. The committee system at Holyrood allows for the participation of as many people as possible in the democratic process, making it open and accessible. Committees normally meet in public and can do so anywhere in Scotland, not just inside the parliament. Since the 1999 elections, around 100 committee meetings have been held outside Edinburgh. Most committees allow the general public to attend – some argue this is true democracy in action.

For example: - The Public Petitions Committee met in Arran High School, Lamlash, Arran, in Sept 2010 and in Waid Academy, Anstruther, in March 2010. - The Equal Opportunities Committee met in the City Chambers, Glasgow, in June 2010. - The Health and Sport Committee met in the Macdonald Loch Rannoch Hotel, Kinloch Rannoch, in Jan 2010.

This reflects the greater importance and influence of committees in the Scottish Parliament compared to Westminster. This is the case because, unlike Westminster, the Scottish Parliament is a single-chamber parliament; it has no upper house or second chamber (like the ), meaning that the whole process of passing legislation is different. This situation gives committees significant strength in influencing decision making in the Scottish Parliament. Committees undertake pre-legislative scrutiny of every scrap of proposed legislation, and most amendments to bills are made during committee meetings. Therefore, it is through the function of committees that the Scottish Government is held to account by the parliament.

The Work of Committees

Most of the work of committees compromises the gathering and recording of evidence and information. This can be done in several ways; for example, witnesses can give evidence in person or by letter or email – even by video conference, especially if it is difficult for them to travel.

The Scottish Parliament has many committees that MSPs can choose to join. It is claimed that this is where the real work of the Parliament is done. MSPs discuss legislation in real detail and work more closely together. MSPs are more likely to discuss issues on their merits rather than oppose them on a party political basis.

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The committees have statutory power to require anyone, including Scottish Government Ministers, to give evidence before them and to produce documents in connection with their inquiries.

Types of Committees

Under parliamentary rules, the parliament must establish mandatory committees. There are currently 8 mandatory committees. For example, the Finance Committee has a vital role to play in the passage of the .

There are also subject committees that can be set up to look at specific subjects or areas of policy. There are currently 7 subject committees that reflect the cabinet secretary portfolios. However, the parliament can also establish temporary committees on a short- term basis to consider particular issues. These include private bill committees, which are established to consider a particular bill that has been proposed by a person or body who is not an MSP.

Mandatory (M) and Subject (S) Committees Audit (M) Economy, Energy and Tourism (S) Equal Opportunities (M) Education, Lifelong Learning and European and External Relations Culture (S) (M) Health and Sport (S) Finance (M) Justice (S) Public Petitions (M) Local Government and Communities (S) Procedures (M) Transport, Infrastructure and Climate Standards and Public Change (S) Appointments (M) Rural Affairs and Environment (S) Subordinate Legislation (M)

Functions of Committees

Committees have 2 functions: to scrutinise the work of the Scottish Government and to examine legislation. Their work involves the following 3 main areas:

Legislation: Committees can consider and amend proposals for new laws. They can also propose new laws themselves in the form of committee bills.

Inquiries:

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Committees can investigate any area that is within their remit and affects the people of Scotland, and can publish a report setting out their recommendations. Past inquiry reports have included youth justice and eating disorders. These reports are normally discussed at a meeting of the full parliament, and as a result have influenced government policies and resulted in changes to legislation.

Other areas: Committees can also consider and report on government policy and actions, on European legislation, on secondary (or subordinate) legislation (laws made by other parliaments) and on public petitions.

Public Petitions Committee

This committee considers petitions that have been submitted to the Scottish Parliament, and may decide to refer them to other committees for further consideration. Petitions are submitted by people who want to raise an issue.

The public petitions system is a key part of the Scottish Parliament’s commitment to openness and accessibility.

Petitions can have positive outcomes that lead to change or inform debate. For example, they can: lead to changes in the law, be considered as part of a wider inquiry, prompt action from Scottish Government.

TASK 5

1. How do committees meet the founding principle of accessibility? 2. Why do committees have influence in decision making in Scotland? 3. What do committees do? Reserved matters 4. Explain the different types of committees.• Constitutional matters • 5. Explain the functions of committees. UK foreign policy • UK defence and national security

• The fiscal, economic and monetary system • Immigration and nationality • Energy: electricity, coal, gas and Powers of the Scottish nuclear energy • Parliament Common markets • Trade and industry, including

competition and customer protection • Some aspects of transport – railways, transport safety and regulation • Employment legislation • Social security (benefits etc) • Gambling and the National Lottery Data protection 13 • Equal opportunities

Devolved matters Some government policies on reserved • Health matters can have significant • Education implications for Scotland through their • Local government impact on the policies of the Scottish • Social work Government, who will have to implement • Housing them in Scotland, e.g. • Planning regulations. • Some aspects of transport, including Scottish road network, bus policy and THINK! Why are defence, immigration ports and harbours and social security reserved? • Tourism • Law and home affairs

• Police and fire services Financing the Scottish • Environment Parliament • Natural and built heritage

• Agriculture, forestry and fishing One of the most controversial issues • Sport and the arts since the founding of the Scottish • Statistics, public registers and Parliament has been the way in which it records is funded. It is funded by a ‘block grant’ from Westminster, but it could raise or lower taxes itself (by up to 3%) if it chose to do so. It receives a budget of £30 billion a year. Scotland’s budget is determined by the ‘’. The Barnett Formula takes account of Scotland’s specific rural and industrial needs and therefore, Scotland usually does pretty well financially from Westminster. From an SNP point of view, Scotland should not be given ‘pocket money’ from Westminster’s Scottish Secretary of State. Issues with finance have led to the Scotland Bill, currently going through Westminster.  SNP’s demands for full financial power more than will probably be granted, however.

Many in England argue that Barnett is outdated and unfair and call for it to be abolished. The Scots, via the Barnett formula are getting, proportionately, more tax payers money than the English. Treasury figures released in 2009 suggest that public expenditure per capita was higher in Scotland than in any other British ‘region’ except Northern Ireland.

Public Expenditure by region, 2007-8. Source: Public Expenditure Statistical Estimates (2009) Region Expenditure per Capita (£)

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Northern Ireland 9577

Scotland 9032

London 9005

Wales 8493

UK 7675

Differences are partly based on different levels of deprivation across British regions, partly based on the fact that Scotland is a large territorial size and has a low population density outside the , which means that expenditure per person for the same level of services such as education and healthcare is higher. These differences have caused controversy over the years. With an SNP government in Holyrood and a Conservative-Liberal Democrat coalition in Westminster, controversy has increased. English regions say they are unfairly treated while Scots reply that they have greater needs and they contribute a lot through revenues.

West Lothian Question

59 Scottish MPs are sent to Westminster who can debate on legislation that only applies to England. Tam Dalyell, the MP for West Lothian, first raised the issue of whether this is fair, thus becoming known as the . There has been a long-running debate about whether Scottish, Northern Irish and Welsh MPs should be allowed to vote on legislation that affects only England. English MPs are not able to vote on many matters which are now devolved to other UK parliaments. Since the devolution of powers to the Scottish Parliament in 1999, and to the Northern Irish and

Welsh assemblies, the West Lothian question has frequently returned to the Tam Dalyell fore. It can be argued that Scottish MPs could hold the balance of power at Westminster as Scottish MPs could have significant influence over policies that could never affect Scotland or have an impact on their constituents.

The Scottish Cabinet

The Scottish Cabinet consists of the first minister, cabinet secretaries and ministers. The Scottish Government operates on the basis of ‘collective responsibility’ which means that all decisions reached by ministers are binding on all members of the government. This maintains a united front even if all do not agree with a decision made.

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In the 2011 government, there are 16 posts (6 cabinet secretaries, 10 ministers (+ 2 law officers)).

The Civil Service

The civil service is a matter reserved by the UK Parliament. The Scottish civil service is part of the wider UK civil service. Some argue, however, that those who work for the Scottish Government primarily serve the devolved administration rather than the UK Government. Civil servants remain politically neutral, serve objectively and serve the government of the day. Civil servants are accountable to Scottish ministers who are, in turn, accountable to the Scottish Parliament but they are an integral and key part of the UK government. Right now, civil servants in Scotland are working for the SNP government and colleagues in London are working for the Conservative-Lib Dem Government. For government to work effectively, there must be open communication and trust between two administrations. However, in reality, the civil service is serving two governments of different political ideologies at the same time.

The First Minister

The First Minister is not necessarily in power for the four year term. He remains in power while he has the confidence of parliament. The First Minister, once appointed continues in office as the head of the devolved Scottish Government until either he resigns, or dies in office. Resignation can be triggered off by the passage of a Motion of No Confidence in the First Minister. In those situations, the First Minister must tender his resignation to the monarch. In doing so he tenders the resignation of all Scottish Government Ministers who must leave office with immediate effect. In such circumstances, it is the responsibility of the Presiding Officer to appoint an individual to serve as First Minister in the interim, until the Scottish Parliament determines on a new nominee to be presented to the Sovereign for formal appointment. There have been 4 First Ministers of Scotland since the Parliament opened in 1999. Donald Dewar died in 2000. Henry McLeish had to resign in 2001, following a financial scandal. Jack McConnell held the post from November 2001 until May 2007 and Alex Salmond has been in the position since then. Mr Salmond, leader of the , is the first non-Labour First Minister to hold the post. Unlike Westminster procedures, the leader of the largest party does not automatically assume the top job in the Scottish Parliament. The First Minister has to be elected by the whole Parliament following the elections, although this is usually straightforward and does indeed go to the leader of the largest party.

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The First Minister is expected to have a vision for the country and to lead the country in a positive direction. His campaigns cut across and involve the work of all departments. The post of First Minister is comparable in some ways to that of the Prime Minister of the UK. He is ‘first among equals’ within the Scottish Cabinet, appointing his members and playing a leading role within it. Unlike the Prime Minister (PM), he cannot choose the date of the next election. Scottish Parliamentary elections are at fixed times, every four years (apart from the next Scottish election which had to be changed to 2016 after Westminster fixed its elections to every 5 years, thus the two elections would have clashed in 2015).

The Labour-Lib Dem coalitions from 1999-2007 produced cabinets containing MSPs from both parties. This constrained the power of the First minister as he had to give powerful posts to members from a party other than his own. The UK Prime Minister is unlikely to be limited in this way because of the usual majorities produced by FPTP, although the current Westminster Government is a coalition. Alex Salmond was able to appoint only SNP members to his cabinet in 2007 because no other party was prepared to join in a coalition. This meant that, although the SNP were weak in terms of numbers in Parliament, they had a monopoly on Cabinet posts. The majority government formed in 2011 obviously did not have these problems.

The First Minister is responsible to the Scottish Parliament for his/her actions and the actions of the overall government. MSPs can scrutinise the activities of the First Minister and his Cabinet by tabling written questions or by asking oral questions in the Scottish Parliament. Direct questioning of the First Minister takes place 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 his meeting with the Scottish Cabinet, or when he next expects to meet the Prime Minister, and then follow this up by asking a supplementary question on an issue of their choosing. More often than not, this is seen as an opportunity for publicity rather than meaningful debate. The leader of the opposition tends to start with a vague question regarding the diary commitments of the First Minister which has to be submitted in advance. This is then usually followed up (MSPs are allowed one additional, unknown question) by a question designed to force the First Minister to talk about an issue he would rather avoid. The primary job of the Opposition leader (Johann Lamont) is to hold the FM to account. She will use FM Questions to put the media spotlight on any weaknesses shown by Alex Salmond.

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TASK 5

1. Give a brief summary of the previous Scottish First Ministers. 2. Why is First Minister’s Questions a significant event in the parliament? 3. Outline the ways in which a First Minister can be removed from office. 4. To what extent is the role of First Minister a powerful one? 5. What are the similarities and differences between the posts of First Minister of Scotland and Prime Minister of the UK?

The role of the Presiding Officer

Before the parliament can do anything, it needs a presiding officer. The role of the PO is similar to the Speaker in the House of Commons and can be summarised as follows:

• Keeps order in the Parliamentary chamber during debates • Upholds the founding principles of the Scottish Parliament • Decides on who speaks and when • Has the casting vote in the event of a tie

The Presiding Officer is elected by the Parliament. He/she is an MSP until they become PO, at which time they resign from their party. This is a symbolic action which highlights the impartial role of the Presiding Officer. Following the 2007 election, no party was initially willing to put forward a candidate for the role as the results were so close, nobody wanted to effectively lose a vote in debates. In the end, the Conservative Party put forward Alex Fergusson as they were the party who were least likely to be involved in either a coalition or a crucial opposition vote. This left the Conservatives with 16 votes in Parliament. Alex Fergusson was unanimously elected by all MSPs and was proven to be a popular choice. He adopted a businesslike approach to Parliamentary procedures and, unlike his predecessors, had a low public profile. The current PO is Tricia Marwick, an SNP MSP.

It is the job of the Presiding Officer to ensure that all MSPs are treated fairly and given the opportunity to speak in the debating chamber. She will usually make sure that every party is allowed a member to speak during debates even if time restrictions mean she cannot grant every request. The PO makes sure MSPs stay within their time limit for speaking and ensure the rest of the Chamber remains quiet.

The responsibility of voting in the event of a tie is a significant one. When voting in the event of a tie, the PO is not allowed to vote as he desires. Convention states that they should ‘vote to retain the status quo’.

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TASK 6

1. Summarise the role of the Presiding Officer. 2. Explain the convention that determines how the PO will vote in the

event of a tie.

Demands for further devolution/Independence

Originally the SNP were committed to a referendum bill in 2010. However, it became clear that a referendum would not be supported by the ‘Unionist parties’ and so did not proceed with the bill. Labour and the Liberal Democrats were willing to grant further devolved powers to the Scottish Parliament and set up their own committee. The Unionists know that the only way to defeat the SNP’s independence drive is through cooperation. The only way changes can happen, either full independence or a change in powers, is for Westminster to agree.

Scotland Bill 2010-2011

The Commission on Scottish Devolution (also known as the Calman Commission) was set up in 2007 to independently review the constitutional settlement for Scotland after a decade of devolution. The Scotland Bill will implement recommendations of the Calman Commission. It would make changes to the finances of the Scottish Parliament, including a new Scottish rate of income tax, and make a number of adjustments to the boundary of devolved responsibilities. The Scottish government has demanded that borrowing, corporation tax, EU representation, excise duty, broadcasting and the Crown Estate Commission are all devolved in the bill.

The SNP administration has said it will hold a referendum on independence in the second half of the current five-year Scottish Parliament. However, this may have to be brought forward as Downing Street may set a time limit for any binding vote, and insists it be a straight choice between leaving or remaining part of the UK. Scotland's Deputy First Minister accused Westminster of "trying to interfere in Scottish democracy". But David Cameron said he wanted the vote to be "legal, fair and decisive".

Link - Cameron denies 'dictating' terms of Scottish referendum

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TASK 7

In pairs, come up with reasons how (and how not) devolution has made an impact on decision making for Scotland.

Remember to include committees, what MSPs do, the legislative process, how the SP works, legislative consent motions, devolved and reserved powers, West Lothian Question, finance.

Conflict with Westminster

Release of the Lockerbie Bomber (2009)

Prime Minister Cameron declared publicly that the decision to allow the Lockerbie bomber, Abdelbased Ali al-Megrahi, to return to Libya on health grounds ‘undermined’ the UK’s global standing. Firstly, at the Tory party conference he attacked the Scottish Government’s release of al-Megrahi. He said the decision was ‘wrong’ and that ‘nothing like that must ever happen again’. Then, on a visit to the USA, he said the decision to free al-Magrahi had been ‘profoundly misguided’ and sought to distance himself from the Scottish Government’s decision. During a radio interview, he said, ‘I agree that the decision to release al-Megrahi was wrong. I said it was wrong at the time. It was the Scottish Government that took the decision. I just happen to think it was profoundly misguided. He was convicted of the biggest mass murder and in my view he should have died in jail. I said that very clearly at the time; that is my view today. But let’s be clear about who released al-Megrahi…it was the decision of Scottish ministers.’

Closure of coastguard centres (2011)

The UK coalition government’s announcement of plans to abolish Scotland’s five coastguard centres and replace them with a single full-time control room sparked fury in Scotland. The SNP and Labour in Scotland have united in their opposition to the plans. The Conservatives and the Liberal Democrats have kept silent on the issue proposed by their coalition counterparts at Westminster. The issue is a reserved matter, and the Scottish Parliament is powerless to do anything about it.

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First Minister Alex Salmond said that the plans would jeopardise maritime safety and Labour’s Duncan McNeil called them ‘not only daft but dangerous’.

Fossil fuel levy (2011)

An early example of the new ‘respect agenda’ politics is the issue of the fossil fuel levy.

After years of conflict with Labour ministers, the Conservative-Liberal Democrat coalition government seems prepared to hand over a pot of money to Scotland known as the fossil fuel levy. While in power, Labour consistently refused to hand over the cash despite claims that it was Scotland’s money. Almost £200 million is now held by Ofgem from the proceeds of the levy in Scotland.

The 2015 general election

Conflict arose in 2010 over the UK Government’s decision to fix the next UK election for 7th May 2015 because it clashed with Holyrood elections scheduled for the same day. The Scottish Government were concerned that holding both elections on the same day in 2015 would cause confusion for voters and major logistical problems for parties and returning officers. This date is already fixed by law for the Scottish Parliamentary elections which use a different voting system.

The Scottish Government moved the date of the next election for the Scottish Parliament to May 2016 instead of 2015. A spokesperson for the First Minister said that the lack of consultation on the part of the coalition government showed that they were ‘pursuing an agenda of disrespect’.

The 2011 Scottish elections

Prime Minister David Cameron and First Minister Alex Salmond also clashed over the coalition government’s decision to hold a UK-wide referendum on voting reform at the same time as the Scottish Parliamentary elections in 2011.

Alex Salmond said that holding the referendum on adopting the alternative vote (AV) system for Westminister elections did not meet with Mr Cameron’s respect agenda because it ‘undermined the integrity of the elections in Scotland’.

It meant voters in Scotland had to handle three ballot papers: two for devolved elections (combining first past the post and a form of proportional representation) and one for the referendum.

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Some contentious issues in the Scottish Parliament

Debate on the war in Iraq

The Scottish Parliament can and does debate reserved matters, even though it cannot legislate on them. While MPs at Westminster were waiting to be allowed to debate the crucial issue of whether there should be a fresh mandate from the United Nations before war was waged on Iraq, the Scottish Parliament was debating it – even though it had no direct responsibility for defence or foreign matters.

Asylum seekers

Asylum is one of the few issues with local effects that is run entirely from London, rather than being a devolved matter.

Before its closure, campaigners against Dungavel (an asylum seekers’ detention unit in Scotland) called for the Scottish Executive to be given the power to close it or at least speak out against it. However, the Executive could only refer people to the UK Home Office because it has no powers in this area – immigration is a reserved matter.

There are around 1300 asylum seekers currently in Glasgow who are in danger of being forced to leave the city because the UK Border Agency (UKBA) is no longer prepared to pay Glasgow City Council to house them. The UK Home Office has cancelled a contract with the city council to house and support asylum seekers.

This has resulted in a stand-off between the UK Government and Glasgow City Council. It could be that the Home Office wants to reduce the overall number of asylum seekers in Glasgow because of the public outcry when they are removed.

A Government spokesperson said, ‘Over the years we’ve had the Dungavel protests, the Ay family, the Glasgow Girls, Precious Mhango and the demonstrations about the dawn raids.’ Meanwhile, a Glasgow Council spokesperson said, ‘We have made numerous attempts to renegotiate the contract but the UKBA has refused to accept our position.’

In addition, Westminster has refused Scotland the power to have a separate protocol on the forced removal of failed asylum seekers, despite objections to the continued use of dawn raids. Immigration is reserved to the UK Government, and the Scottish Executive has no power to act in the matter – even to the point

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Trident

The UK Government has voted to renew Trident, the country’s nuclear submarine system, while the whole Scottish Parliament voted against renewing it.

However, the issue of renewing Britain’s nuclear deterrent is reserved by Westminster and as far as the UK Government is concerned the decision has been made. In retaliation, Mr Salmond has caused conflict by suggesting that because the matter is reserved and the Scottish Government cannot prevent the renewal programme, the UK Government should have to pay to transport the warheads through Scotland. He has done this because while defence is reserved, transport is a devolved matter.

RAF bases

Concern for the future of the RAF in Scotland was raised as the UK Government decided that RAF Kinloss in should close and orders for the new Nimrod MRA4 surveillance aircraft have been cancelled. In July 2011, it was announced that RAF Leuchars in would also close. In a show of unity, the first minister and other main party leaders and various MSPs, MPs and local council leaders held an event in protest at the threats. It was attended by almost 7000 people.

So has devolution made a difference?

Until 2007, devolved policy in Holyrood mainly mirrored policy in Westminster, with the Sewel motion acting as an instrument for fast-tracking UK legislation into Scottish law and a means by which UK-wide uniformity on certain matters was ensured. It also enabled EU or international obligations to be ratified and helped to ease the legislative burden in Scotland, allowing for the prioritising of more urgent matters. There were two main reasons for this. Firstly, Labour was the main party of government at Westminster and Holyrood until 2010 and potential problems were more often than not solved through party channels. Secondly, there has been significant civil service continuity, with civil servants working for the Scottish Executive being part of a common UK home civil service within Whitehall that is bound by a collegiality around a pragmatic and informal relationships.

However, devolution has led the way with some policy differences that have created a gulf between Holyrood and Westminster.

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Since 1999, the Scottish Parliament has legislated in a number of areas which has resulted in significant differences for Scottish and English citizens. In 2002, the Scottish Government took the decision to introduce free personal care for all elderly people in Scotland. This is not available in England. Also, the McCrone report into teachers’ pay and conditions was implemented in Scotland and Scottish teachers now have better pay and conditions than their English contemporaries. In addition to this, tuition fees were scrapped for Scottish University students studying in Scotland. In England, tuition fees still need to be paid, as do additional ‘top-up’ fees on popular courses (in 2005, the Scottish Government imposed a controversial 42% increase in fees for English students who come to Scottish Universities to reduce the number of ‘fee refugees’). Scotland was also able to pass a ban on smoking in public places well in advance of England and Wales implementing a similar policy in 2007.

These examples are used by those who believe the current devolution settlement is working well. They argue that the Scottish Parliament is able to deliver ‘Scottish solutions to Scottish problems’ while also retaining a close relationship with the rest of the UK on the ‘big issues’.

ESSAY QUESTIONS

1. With devolution, there is no need for Scottish representation at Westminster. Discuss.

2. Assess the impact of devolution on decision making for Scotland.

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