Scotland Bill 2011
Encyclopedia
The Scotland Bill is a bill
proposed by the Conservative-Liberal Democrat coalition
UK Government, with broad support from the opposition Labour Party, setting out amendments to the Scotland Act 1998
, with the aim of devolving further powers to Scotland
.
Presented to the House of Commons by the Secretary of State for Scotland
, Michael Moore
, the Bill received its first reading on St Andrew's Day (30 November), 2010, and it is intended that it will receive royal assent
during 2011. When the Bill received an unopposed second reading on 27 January 2011, Moore described the legislation as the largest transfer of fiscal powers from central Government since the creation of the United Kingdom
.
Though the Scottish National Party
support some parts of the Bill, they oppose others. In particular, they consider the income tax proposals to contain flaws which would leave Scotland worse off, and claim that the Bill would return some presently devolved powers to Westminster, a transfer to which they are opposed. In September 2011 John Swinney
said that the Scottish Parliament
could "not possibly" agree with the provisions of the Bill as currently drafted.
in the Scottish Parliament
in December 2007, against the wishes of the Scottish National Party
minority government
.
Professor Jim Gallagher, the civil servant who drafted the Bill, has been appointed to advise the Scotland Bill Committee of the Scottish Parliament, convened by Wendy Alexander
, whose parliamentary motion started the whole Calman process.
, which provides that the Lord Advocate
, as a member of the Scottish Executive
, has no power to do anything in contravention of the European Convention rights. Given that, alongside being the adviser to and representative of the Scottish Government in Scots law, the Lord Advocate is head of the system of criminal prosecution in Scotland and every prosecution in a Scottish court proceeds with his/her authority, this provision effectively allows any human rights issue raised in any criminal proceedings in Scotland effectively to be appealed to the UK Supreme Court
as a constitutional "devolution issue". The Supreme Court consists of two Supreme Court judges from Scotland and 10 judges from other parts of the United Kingdom. When hearing appeals the Supreme Court sits with a bench of at least five judges, so even if both Scottish judges are present for a Scottish appeal, the majority of the bench will be judges who may not be especially well versed in Scots law and criminal procedure. According to Lord Hope of Craighead
, the Deputy President of the Supreme Court, non-Scottish judges will in practice defer to their Scottish colleagues in Scottish cases, and often simply concur with judgements written by the Scottish judges. However, the situation is seen by some, including the Scottish Government, as undermining the status of the High Court of Justiciary
as the final court of appeal in criminal matters in Scots law, and even of undermining the integrity of Scots law. The Advocate General for Scotland
asked an expert group, chaired by Sir David Edward
, to consider this issue and make recommendations, which led to the amendments to the Scotland Bill proposed by the UK Government. The Scottish Government remains concerned that the amendments may not fully address the issue, particularly as a result of the decision of the Supreme Court in Fraser v HM Advocate
, and appointed their own expert group, chaired by Lord McCluskey, to consider the matter and report back.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
proposed by the Conservative-Liberal Democrat coalition
United Kingdom coalition government (2010–present)
The ConservativeLiberal Democrat coalition is the present Government of the United Kingdom, formed after the 2010 general election. The Conservative Party and the Liberal Democrats entered into discussions which culminated in the 2010 coalition agreement, setting out a programme for government...
UK Government, with broad support from the opposition Labour Party, setting out amendments to the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
, with the aim of devolving further powers to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
Presented to the House of Commons by the Secretary of State for Scotland
Secretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...
, Michael Moore
Michael Moore (UK politician)
Michael Kevin Moore is a British Liberal Democrat politician, currently the Secretary of State for Scotland in the UK coalition government, and the Member of Parliament for the constituency of Berwickshire, Roxburgh and Selkirk....
, the Bill received its first reading on St Andrew's Day (30 November), 2010, and it is intended that it will receive royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
during 2011. When the Bill received an unopposed second reading on 27 January 2011, Moore described the legislation as the largest transfer of fiscal powers from central Government since the creation of the United Kingdom
Treaty of Union
The Treaty of Union is the name given to the agreement that led to the creation of the united kingdom of Great Britain, the political union of the Kingdom of England and the Kingdom of Scotland, which took effect on 1 May 1707...
.
Though the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
support some parts of the Bill, they oppose others. In particular, they consider the income tax proposals to contain flaws which would leave Scotland worse off, and claim that the Bill would return some presently devolved powers to Westminster, a transfer to which they are opposed. In September 2011 John Swinney
John Swinney
John Ramsey Swinney is the Cabinet Secretary for Finance, Employment and Sustainable Growth in the Scottish Government and the Scottish National Party Member of the Scottish Parliament for Perthshire North, having previously represented North Tayside...
said that the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
could "not possibly" agree with the provisions of the Bill as currently drafted.
Calman Commission
The proposed legislation is based on the final report of the Calman Commission, which was established by an opposition Labour Party motionMotion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
in the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
in December 2007, against the wishes of the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
.
Professor Jim Gallagher, the civil servant who drafted the Bill, has been appointed to advise the Scotland Bill Committee of the Scottish Parliament, convened by Wendy Alexander
Wendy Alexander
Wendy Alexander is a Scottish politician and the former Member of the Scottish Parliament for Paisley North. She held various Scottish Government cabinet posts and was the leader of the Labour Party group in the Scottish Parliament from 2007-2008...
, whose parliamentary motion started the whole Calman process.
Amendment
There is a proposal to amend section 57(2) of the Scotland Act 1998Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
, which provides that the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, as a member of the Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
, has no power to do anything in contravention of the European Convention rights. Given that, alongside being the adviser to and representative of the Scottish Government in Scots law, the Lord Advocate is head of the system of criminal prosecution in Scotland and every prosecution in a Scottish court proceeds with his/her authority, this provision effectively allows any human rights issue raised in any criminal proceedings in Scotland effectively to be appealed to the UK Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
as a constitutional "devolution issue". The Supreme Court consists of two Supreme Court judges from Scotland and 10 judges from other parts of the United Kingdom. When hearing appeals the Supreme Court sits with a bench of at least five judges, so even if both Scottish judges are present for a Scottish appeal, the majority of the bench will be judges who may not be especially well versed in Scots law and criminal procedure. According to Lord Hope of Craighead
David Hope, Baron Hope of Craighead
James Arthur David Hope, Baron Hope of Craighead, is a Scottish judge and Deputy President of the Supreme Court of the United Kingdom, having previously been the Second Senior Lord of Appeal in Ordinary.-Early life:...
, the Deputy President of the Supreme Court, non-Scottish judges will in practice defer to their Scottish colleagues in Scottish cases, and often simply concur with judgements written by the Scottish judges. However, the situation is seen by some, including the Scottish Government, as undermining the status of the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
as the final court of appeal in criminal matters in Scots law, and even of undermining the integrity of Scots law. The Advocate General for Scotland
Advocate General for Scotland
Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and UK Government on Scots law...
asked an expert group, chaired by Sir David Edward
Sir David Edward
Sir David Alexander Ogilvy Edward, KCMG, QC, FRSE, PC is a Scottish lawyer and academic, and former Judge of the Court of Justice of the European Communities.-Early life:Edward was born in 1934 in Perth...
, to consider this issue and make recommendations, which led to the amendments to the Scotland Bill proposed by the UK Government. The Scottish Government remains concerned that the amendments may not fully address the issue, particularly as a result of the decision of the Supreme Court in Fraser v HM Advocate
Fraser v HM Advocate
Fraser v Her Majesty's Advocate [2011] UKSC 24 is a controversial decision of the Supreme Court of the United Kingdom relating to the effect of non-disclosure of evidence to the defence at trial and the role of the Supreme Court of the United Kingdom in Scots criminal law.-Background and trial:On...
, and appointed their own expert group, chaired by Lord McCluskey, to consider the matter and report back.
See also
- for the Scotland Bill 1977-78, see Scotland Act 1978Scotland Act 1978The Scotland Act 1978 was an Act of the Parliament of the United Kingdom intended to establish a Scottish Assembly as a devolved legislature for Scotland...
(subsequently repealed) - for the Scotland Bill 1997-98, see Scotland Act 1998Scotland Act 1998The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
- Constitution of the United KingdomConstitution of the United KingdomThe constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
- History of Scottish devolutionHistory of Scottish devolutionThe decision of the Parliament of Scotland to ratify the Treaty of Union in 1707 was not unanimous and from that time, individuals and organizations have advocated the return of a Scottish Parliament. Some have argued for devolution - a Scottish Parliament within the United Kingdom - whereas others...
- History of the Scottish National PartyHistory of the Scottish National PartyIn Scotland, the Scottish National Party is a centre-left political party which campaigns for Scottish independence. It currently holds power in Scotland with its leader Alex Salmond as First Minister of Scotland, following the outcome of the 2011 Scottish General Election.-Early years:The party...
- Politics of the United KingdomPolitics of the United KingdomThe politics of the United Kingdom takes place within the framework of a constitutional monarchy, in which the Monarch is the head of state and the Prime Minister of the United Kingdom is the head of government...
External links
- Bill as introduced
- The Scotland Bill - Scotland OfficeScotland OfficeThe Scotland Office is a United Kingdom government department headed by the Secretary of State for Scotland and responsible for Scottish affairs...
- Official page on the UK Parliament website
- Scotland Bill Committee website
- 3 March 2011 Material provided by the Scottish Government to the Scotland Bill Committee