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Devolution is the process in which the central British parliament grants administrative powers (excluding principally reserved matters) to the devolved Scottish Parliament. Prior to the advent of devolution, some had argued for a Scottish Parliament within the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
– while others have since advocated for complete
independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the stat ...
. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in
1997 File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic'', the highest-grossing movie in history at the time; '' Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of ...
, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to the Scotland Act 1998 being passed and the Scottish Parliament being established in 1999. Scottish voters were given the chance to vote 'Yes' on outright independence in a 2014 referendum. In an effort to persuade Scots to remain in the Union, the major UK parties vowed to devolve further powers to Scotland after the referendum. The 'No' vote prevailed (independence was rejected) and the campaign promise of devolution resulted in the formation of the Smith Commission and the eventual passage of the Scotland Act 2016.


History


1707 to 1999

Having agreed to pass the
Union with England Act The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the te ...
, the
Parliament of Scotland The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council o ...
'adjourned' on 25 March 1707. The new united
Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...
came into being on 1 May 1707, with a single Parliament of Great Britain which merged the parliamentary bodies and constituencies of
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
into a new legislature located in London. The post of Secretary of State for Scotland existed after 1707 until the
Jacobite rising of 1745 The Jacobite rising of 1745, also known as the Forty-five Rebellion or simply the '45 ( gd, Bliadhna Theàrlaich, , ), was an attempt by Charles Edward Stuart to regain the British throne for his father, James Francis Edward Stuart. It took ...
. Thereafter, responsibility for Scotland lay primarily with the office of the Secretary of State for the Northern Department, usually exercised by the Lord Advocate. The Secretaries of State were reorganised in 1782 and the duties now came under the Secretary of State for the Home Department.


Administrative devolution (1885)

1885 saw the creation of the Scottish Office and the post of Secretary for Scotland. From 1892 the Secretary for Scotland sat in
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
, but the position was not officially recognised as a full member of the cabinet of the United Kingdom until the Secretary for Scotland post was upgraded to full Secretary of State rank as Secretary of State for Scotland in 1926.


Government of Scotland Bill 1913

In May 1913 the House of Commons passed the
second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
of the Government of Scotland Bill 1913 (also referred to as the Scottish Home Rule Bill) by 204 votes to 159. The bill was supported by Liberals and opposed by Unionists. It did not proceed further due to the outbreak of the First World War.


Scottish Covenant Association (1940s and 1950s)

The Scottish Covenant Association was a non-partisan political organisation that sought the establishment of a devolved
Scottish Assembly The Scottish Assembly was a proposed legislature for Scotland that would have devolved a set list of powers from the Parliament of the United Kingdom. The Labour Government led the Scotland Act 1978 through Westminster which provided for ...
. It was formed by John MacCormick who had left the Scottish National Party in 1942 when they decided to support all-out
independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the stat ...
for Scotland rather than devolution as had been their position. The Association was responsible for the creation of the Scottish Covenant, which gathered two million signatures in support of devolution. Members of the organisation were also responsible for the removal of the Stone of Destiny from
Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the United ...
in 1950 that attracted huge publicity for the cause of Scottish
home rule Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wi ...
.


Kilbrandon Report (1973)


1979 devolution referendum

The Scottish referendum of 1979 was a post-legislative
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
to decide whether there was sufficient support for the
Scotland Act 1978 The 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. At a referendum held in the following year, the Act failed to gain the necessary l ...
that was to create a
deliberative assembly A deliberative assembly is a meeting of members who use parliamentary procedure. Etymology In a speech to the electorate at Bristol in 1774, Edmund Burke described the British Parliament as a "deliberative assembly," and the expression became ...
for Scotland. The Act required that for the Act not to be repealed at least 40% of the electorate would have to vote ''Yes'' in the referendum. The referendum resulted in a narrow ''Yes'' majority but fell short of the 40% requirement.


1997 devolution referendum

The Scottish devolution referendum of 1997 was a pre-legislative
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
over whether there was support for the creation of a Scottish Parliament within the United Kingdom and whether there was support for such a parliament to have tax varying powers. In response to the clear majority voting for both proposals, the United Kingdom Parliament passed the Scotland Act 1998, creating the Scottish Parliament and Scottish Executive.


The Scotland Act 1998

The Act was introduced by the Labour government in 1998 after the 1997 referendum. It created the Scottish Parliament, setting out how Members of the Scottish Parliament are to be elected, making some provision about the internal operation of the Parliament (although many issues are left for the Parliament itself to regulate) and setting out the process for the Parliament to consider and pass Bills which become
Acts of the Scottish Parliament An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successfu ...
once they receive
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
. The Act specifically asserts the continued power of the UK Parliament to legislate in respect of Scotland. The Act devolves all powers except over matter it specifies as reserved matters. It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament which includes the Human Rights Act 1998 and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
or
European Community The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lis ...
law. The same constraints apply to acts of the Scottish Executive.


Scottish Parliament established, May 1999

The Scottish Parliament met for the first time on 12 May 1999 and began its first session with SNP member
Winnie Ewing Winifred Margaret Ewing (' Woodburn; born 10 July 1929) is a Scottish politician, lawyer and figure within the independence movement who served as President of the Scottish National Party from 1987 to 2005. Ewing was a Member of the Scottish ...
stating "the Scottish Parliament, adjourned on 25th day of March in the year 1707, is hereby reconvened"


Opening of new Scottish Parliament building (2004)

Construction of the Scottish Parliament building began in June 1999 and the first debate in the new building was held on Tuesday 7 September 2004. The formal opening by the Queen took place on 9 October 2004. Enric Miralles, the Spanish architect who designed the building, died before its completion. From 1999 until the opening of the new building in 2004, committee rooms and the debating chamber of the Scottish Parliament were housed in the General Assembly Hall of the
Church of Scotland The Church of Scotland ( sco, The Kirk o Scotland; gd, Eaglais na h-Alba) is the national church in Scotland. The Church of Scotland was principally shaped by John Knox, in the Reformation of 1560, when it split from the Catholic Church ...
located on The Mound in Edinburgh. Office and administrative accommodation in support of the Parliament were provided in buildings leased from the City of Edinburgh Council. The new Scottish Parliament Building brought together these different elements into one purpose built parliamentary complex, housing 129 MSPs and more than 1,000 staff and civil servants. The building aims to conceive a poetic union between the Scottish landscape, its
people A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of prope ...
, its
culture Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups ...
and the city of Edinburgh, an approach that won the parliament building numerous awards including the 2005 Stirling Prize, and it has been described as "a tour de force of arts and crafts and quality without parallel in the last 100 years of British architecture".


Powers over Scottish railways transferred (2005)

As a result of provisions in the Railways Bill, powers were transferred from the Department of Transport to the Scottish Executive, a move described by then First Minister, Jack McConnell as "...the most significant devolution of new powers to Scottish ministers since 1999."


Scottish Executive becomes Scottish Government (2007)

A Scottish Executive was created under section 44 of the Scotland Act 1998. Following the 2007 Scottish Parliament election, the Scottish Executive was rebranded as the Scottish Government by the new Scottish National Party administration. Other changes that took place at this time included the development of the National Performance Framework and major restructuring whereby Directors-General were put in charge of the achievement of the Government's strategic objectives. These changes have been described as developing a form of strategic state. The new name's use in Westminster legislation was updated by s.12 Scotland Act 2012.


Calman Commission (2007)

The Calman Commission was established by a motion passed by the Scottish Parliament on 6 December 2007. Its terms of reference are: "To review the provisions of the Scotland Act 1998 in the light of experience and to recommend any changes to the present constitutional arrangements that would enable the Scottish Parliament to better serve the people of
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, that would improve the financial accountability of the Scottish Parliament and that would continue to secure the position of Scotland within the United Kingdom." However, concerns have been expressed that its final report will not have "much legitimacy" because it was skewed towards preserving the status quo.


Powers transferred over planning and nature conservation matters at sea (2008)

During 2008, agreement was reached to transfer responsibility for all planning and nature conservation matters at sea up to 200 miles from the Scottish coast to the Scottish Government. The change has implications for the offshore industry, wind and wave power and to a lesser extent, fishing, though responsibility for fishing quotas remains a
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
issue and oil and gas licensing and permitting remains a reserved matter.


Independence referendum

In August 2009 the SNP announced a Referendum Bill would be included in its package of bills to be debated before Parliament in 2009–10, with the intention of holding a referendum on the issues of Scottish independence in November 2010. The bill did not pass due to the SNP's status as a
minority administration A minority government, minority cabinet, minority administration, or a minority parliament is a government and cabinet formed in a parliamentary system when a political party or coalition of parties does not have a majority of overall seats i ...
, and due to the initial opposition to the Bill from all other major parties in the Scottish Parliament. Following the 2011 Scottish Parliament election, the SNP had a majority in parliament and again brought forward an Independence Referendum Bill. The Scottish Government also suggested that full fiscal autonomy for Scotland (known as "devo-max") could be an alternative option in the vote. The negotiation of the Edinburgh Agreement (2012) resulted in the UK government legislating to provide the Scottish Parliament with the powers to hold the referendum. The "devo-max" option was not included, however, as the Edinburgh Agreement stipulated that the referendum had to be a clear binary choice between independence or the existing devolution arrangements. The Scottish Independence Referendum (Franchise) Act 2013 was passed by the Scottish Parliament and campaigning commenced. Two days before the referendum was held, with polls very close, the leaders of the three main UK political parties made "The Vow", a public pledge to devolve "extensive new powers" to the Scottish Parliament if independence was rejected. They also agreed to a devolution timetable proposed by
Gordon Brown James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 to 2010. He previously served as Chancellor of the Exchequer in Tony ...
. After heavy campaigning by both sides, voting took place on 18 September 2014. Independence was rejected by a margin of 45% in favour to 55% against.


Smith Commission

The day after the referendum, David Cameron announced the formation of the Smith Commission to "convene cross-party talks" concerning "recommendations for further devolution of powers to the Scottish Parliament". Two months later, on 27 November 2014, the commission published its recommendations, which included giving the Scottish Parliament complete power to set income tax rates and bands, increased borrowing powers, and an extensive list of other rights and powers.


Scotland Act 2016

Based on the Smith Commission's recommendations, the Scotland Act 2016 was passed by Parliament and received Royal Assent on 23 March 2016. The Act set out amendments to the Scotland Act 1998 and devolved further powers to Scotland, most notably: * The ability to amend sections of the Scotland Act 1998 which relate to the operation of the Scottish Parliament and the Scottish Government within the United Kingdom including control of its electoral system (subject to a two-thirds majority within the parliament for any proposed change) * Legislative control over areas such as onshore oil and gas extraction, rail franchising, consumer advocacy and advice amongst others by devolution of powers in relation to these fields to the Scottish Parliament and the Scottish Ministers. * Management of the
Crown Estate The Crown Estate is a collection of lands and holdings in the United Kingdom belonging to the British monarch as a corporation sole, making it "the sovereign's public estate", which is neither government property nor part of the monarch's priv ...
and the British Transport Police in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
* Control over certain and removable taxes including Air Passenger Duty * Full control over
Scottish income tax Income tax in Scotland is a tax of personal income gained through employment. This is a tax controlled by the Scottish Parliament, and collected by the UK government agency HM Revenue & Customs. Since 2017, the Scottish Parliament has had the ...
including Income Tax rates and bands on non-savings and non-dividend income The Act recognised the Scottish Parliament and a Scottish Government as permanent among UK's constitutional arrangements, with a referendum required before either can be abolished.


Proposed further devolution


Federal UK reform

Keir Starmer, leader of the UK Labour Party is in favour of reforming the UK and has promised to do so "quickly" if a UK Labour government is elected. Starmer has also tasked Gordon Brown, former prime minister of the UK with heading a "Constitution Commission" which would form in the event of a Labour UK government. Gordon Brown has suggested federalism as a viable option following Brexit and according to Tory MP Adam Tompkins, Gordon Brown wants "a reformed Britain, a new federal settlement, and further powers for a supercharged Holyrood".


Changes enacted by the UK parliament

In an effort to safeguard the UK internal market post-Brexit and to avoid trade discrepancies or issues for goods moving within the UK, the British government put forward the United Kingdom Internal Market Act 2020 in parliament. Within Scotland, the Act was condemned as an affront on devolution by the governing Scottish National Party, however was supported by the Scottish Conservatives and various businesses and organisations in Scotland. The act can also cause the regulation of service in one part of the UK to be recognised across the whole UK. The act allows UK ministers to spend on devolved policies without the approval of the devolved parliament.


See also

*
Scottish Social Attitudes Survey The Scottish Social Attitudes Survey, started in 1999, is an annual survey of public opinion in Scotland, funded by the public purse. Conducted by the Scottish branch oNatCen Social Research in conjunction with the Unit for the Study of Gove ...
* Scottish Constitutional Convention * Scottish Constitutional Commission * Constitutional status of Orkney, Shetland and the Western Isles * Devolution in the United Kingdom * Welsh devolution


Further reading

* *''Uncharted Territory: The Story of Scottish Devolution 1999–2009'' by Hamish Macdonell (2009) *''The Scottish Political System Since Devolution: From New Politics to the New Scottish Government'' by Paul Cairney (2011) * N. Lloyd-Jones,
Liberalism, Scottish Nationalism and the Home Rule crisis, c.1886-1893
, "English Historical Review" (August 2014) * James Wilkie

* ''The Story of the Scottish Parliament: The First Two Decades Explained'' edited by Gerry Hassan (2019)


References

{{DEFAULTSORT:History of Scottish Devolution Scottish devolution