This document relates to the Scottish Register of Tartans Bill (SP Bill 76 ) as introduced in the Scottish Parliament on 27 September 2006 SCOTTISH REGISTER OF TARTANS BILL —————————— POLICY MEMORANDUM INTRODUCTION 1. This document relates to the Scottish Register of Tartans Bill introduced in the S cottish Parliament on 27 September 2006 . It has been prepared by Jamie McGrigor MSP, the member in charge of the Bill with the assistance of the Parliament’s Non Executive Bills Unit to satisfy Rul e 9.3.3(c ) of the Parliament ’s Standing Orders. The contents are entirely the responsibility of the member and have not been endorsed by the Parliament. Explanatory Notes and other accompanying documents are published separately as SP Bill 76 –EN. POLICY OBJECTIVES OF THE BILL Overview 2. The Bill provides for the establishment of a Register of Tartans and for the appointment of a Keeper to administer and maintain the Register . 3. The stated purpose of the Bill is to create an archive of tartans for reference and information purposes. It is also hoped that the existence of the Register will help promote tartan generally by providing a central point of focus for those interested in tartan . Key objective of the Bill 4. The object ive of the Bill is to create a not for profit Scottish Registe r. While registration is voluntary the Register will function as both a current record and a national archive and will be accessible to the public. Registration does not interfere with existing rights in tartan or create any additional rights and the purpose of registration is purely to create, over time, a central, authoritative source of information on tartan designs. BACKGROUND What is tartan 5. There is currently no legal or widely accepted defi nition of tartan. The re are various definitions of tartan in existence but there is little consensus on a definitive wording . Some of these include; SP Bill 76 –PM 1 Session 2 ( 2006 ) This document relates to the Scottish Register of Tartans Bill (SP Bill 76 ) as introduced in the Scottish Parliament on 27 September 2006 6. The Oxford English Dictionary: “A kind of woollen cloth woven in stripes of various colours crossing at rig ht angles so as to form a regular pattern; worn chiefly by the Scottish Highlanders, each clan having generally its distinctive pattern; often preceded by a clan -name, etc. denoting a particular tra ditional or authorized design….” 7. Encyclopaedia Britannica : “cross -checkered repeating pattern (or “sett” ) of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth (sometimes with silk added). Although such patterns have existed for centuries in many cultures, they hav e come to be regarded as peculiarly Scottish and a quasi -heraldic Scottish family or clan emblem” . 8. The definiti on of tartan contained in the Bill ( see paragraph 39 -40 below) is based on the special characteristics of tartan as a design as opposed to a type of textile. However to have the design included in the register a woven sample will have to be produced. History and significance of tartan Early history 9. Tartan is by no means entirely unique to Scotland . T here are tartans that can readily be identified a s such in Wales, Ireland, Cornwall, Northumberland, as well as regions of France, Holland and Spain. Tartan has also been found further afield than Europe and dating back to two millennia. The so called Mummies of Urcumchi discovered in Western China had o n their possession what is said to have been woven wool yarn of complex tartan patterns. Yet it is a design that has undoubtedly come to be most closely associated with Scotland. 10. The Scottish Tartans Museum suggests that the earliest piece of tartan dis covered in Scotland is thought to be the “Falkirk Tartan ”, dating from sometime between the 2nd and 3rd Centuries. 11. Tartan is strongly associated with Scottish clans and Highland culture . Various testimonies from the 16th Century appear to identify tartan a s a fighting uniform of that era, fo r example, Monsieur Jean de Beayque described in 1549 how “several wild Scots following them [the Scottish army] and they were naked except for stained shirts, and a certain light covering made of various colours .” Tarta n in the 18th century 12. A key event in the narrative of tartan is probably the battle of Culloden (1745) the defeat of Bonnie Prince Charlie and the end of the Jacobite cause. It is disputed whether the Scots army were really distinguishable by clan by their respective tartans at this juncture but it is certainly evident that wearers of tartan were subsequently punitively targeted. 13. Passing a number of Acts between 1746 and 1747 dealing with the disarming of the Highlanders, the UK Parliament ’s 1747 Act of Pro scription contained a section that would become known as the Dress Act. This made “wearing the Highland dress ” including tartan illegal in the Highlands. It also outlawed the production of tartan in the Highlands. 2 This document relates to the Scottish Register of Tartans Bill (SP Bill 76 ) as introduced in the Scottish Parliament on 27 September 2006 14. The 1747 Act was eventually repealed in 17 82 but during that time it conferred an outlaw status and could only have encouraged much of the symbolism that is linked to tartan. Tartan in the 19th Century 15. Tartan was an integral part of Highland uniform and clan culture; in the years of proscription i t was still popular with the Scottish military regiments and with those Scots living in North America and the Antipodes. It was not until the early and middle 19th Century however that it really began to impact on wider and mainstream Scottish society. 16. Rob ert Burns, the National Bard makes references to tartan in his work, for instance “Bonie Dunde e” and “The Jolly Beggars”. 17. Scots historian Tom Devine reflected on the connections between tartan, Highlanders and British Empire: “Highlandism as we know it - t he kilt and tartan and sporran - was a construct of the 1790 to 1840 period. A very powerful influence was the fame of the Highland regiments in th e service of the British state.” 18. Walter Scott, through his novels Heart Of Midlothian and Waverly, has also b een credited by many with making a major contribution to this powerful association of Scotland and Scottishness with tart an. 19. Tartan is one of Scotland ’s most instantly recognisable symbols. Tartan today 20. Tartan continues to be regarded with much affection by countless Scots whether born here , of Scottish descent, naturalised citizens or children of immigrants, and even those of no direct connection with Caledonia who simply find the pattern aesthetically pleasing. 21. It is worn by those who follow the Scotland football team (the Tartan Army) but equally by those fans of the Scottish rugby team. It is of course always very much in evidence at weddings, ceilidhs, graduation ceremonies, receptions, galas, balls, openings, and Highland shows. 22. Tartan ’s popularity do es not end with formal wear . Neil Armstrong, the first man on the moon ( Apollo 11 ) was reported to have carried a swat ch of Armstrong Tartan with him. Alan Bean ( Apollo 12 ) was apparently accompanied by a piece of McBean Tartan the pieces of which he late r distributed to various McBean societies throughout the world. 23. Fashion designers such as Vivienne Westwood , Ralph Lauren and Jean Paul Gaultier have used traditional Scottish tartans for many years in their designs, suggesting tartan is popular with both designers and consumers. 24. Most recently there have been press reports covering the First Minister wearing a modern kilt at Tartan Week, the creation of a Capercaillie tartan to raise funds for the RSPB, the creation 3 This document relates to the Scottish Register of Tartans Bill (SP Bill 76 ) as introduced in the Scottish Parliament on 27 September 2006 of a Chinese – Scots tartan and the redis covery of a Dubai tartan. Tartan is traditionally found at weddings, Madonna’s husband Guy Ritchie wore a Hunting Macintosh Tartan for their wedding at Skibo Castle. A recent press report indicated that a Scottish designer is now supplying wedding dresses and tartan accessories to clients in the Middle East. 25. Various organisations have claimed or commissioned their own tartan , perhaps to highlight a link to Scotland or possibly just to gain the kudos pe rceived to come from having their own tartan. Those wi th their own design outwith the more obvious clans, regions and bodies within Scotland include: American states, Canadian provinces, foreign military units, fire brigades, many corporations such as British Airways , Amnesty International, the French Bretons , the Spanish Galicians, numerous football clubs including both Celtic and Rangers, and a num ber of schools and universities. 26. Whatever the origins of tartan , the endurance of its popularity and its powerful association with Scotland are without dispute. Current arrange ments for recording tartan 27. Pre -Culloden there was a loose and informal practice of recording tartan designs based on local custom and preferences . Thus it appears that tartans were not always accurately attributed to clan or district . Also th e same tartan might be produced for several customers who each may have understood their design to be unique, with the choice of some designs likely ow ing far more to the abilities of the local weaver than to any measure of tradition or authenticity of des ign . 28. The Act of Proscription only applied in the Highlands and meantime production of tartan continued in the central belt and lowlands in order to serve the demand initially by the military .