Scotland Act 2012

Last updated

Scotland Act 2012
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Long title An Act to amend the Scotland Act 1998 and make provision about the functions of the Scottish Ministers; and for connected purposes.
Introduced by Michael Moore
Territorial extent United Kingdom
Dates
Royal assent 1 May 2012
Other legislation
Amends Scotland Act 1998
Amended by Scotland Act 2016
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Scotland Act 2012 is an Act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998, with the aim of devolving further powers to Scotland in accordance with the recommendations of the Calman Commission. [1] It received royal assent in 2012.

Contents

Main provisions

The Act gave extra powers to the Scottish Parliament, [2] most notably:

Calman Commission

The proposed legislation was based on the final report of the Calman Commission, which was established by an opposition Labour Party motion 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, was appointed to advise the Scotland Bill Committee of the Scottish Parliament, convened by Wendy Alexander, whose parliamentary motion started the whole Calman process. [4]

Passage

The Bill was presented to the House of Commons by the Secretary of State for Scotland, Michael Moore, on St Andrew's Day (30 November), 2010, and received an unopposed second reading on 27 January 2012.

The UK government stated that it would not pass the bill unless it had obtained a legislative consent motion from the Scottish Parliament, [5] although the Parliament of the United Kingdom could have passed the Bill in any case. [6] The governing Scottish National Party indicated that it planned to block the bill. [7] [8] However, after a deal was reached between the two governments on 21 March 2012, [9] the Scottish Parliament unanimously passed a legislative consent motion in respect of the Bill on 18 April 2012. [10]

Reaction and analysis

The Secretary of State for Scotland, Michael Moore, described the legislation as the largest transfer of fiscal powers from central Government since the creation of the United Kingdom. [11]

Although the Scottish National Party supported some parts of the Bill as introduced, it opposed others. In particular, it considered that the income tax proposals were flawed. [12] However, the SNP agreed to support the Bill, after the proposals to return certain powers were dropped, [13] and agreement was reached that the details of the income tax changes would be subject to approval by MSPs. [14] After the Bill received legislative consent from the Scottish Parliament, the Cabinet Secretary for Parliamentary Business and Government Strategy, Bruce Crawford, MSP argued that, although the Bill would not harm Scottish interests, it represented a missed opportunity and had been overtaken by events, in particular the return of an SNP majority government in 2011 and the consequent independence referendum. [15]

Amendment

There is a proposal to amend section 57(2) of the Scotland Act 1998, 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". [16]

The Supreme Court consists of two Supreme Court judges from Scotland and ten 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 judgments 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.

See also

Related Research Articles

<span class="mw-page-title-main">Politics of the United Kingdom</span>

The United Kingdom is a constitutional monarchy which, by legislation and convention, operates as a unitary parliamentary democracy. A hereditary monarch, currently King Charles III, serves as head of state while the Prime Minister of the United Kingdom, currently Sir Keir Starmer since 2024, serves as the elected head of government.

<span class="mw-page-title-main">Scottish Parliament</span> Devolved parliament of Scotland

The Scottish Parliament is the unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of Additional-member system (MMP): 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality.

<span class="mw-page-title-main">Scottish Greens</span> Scottish political party

The Scottish Greens are a green political party in Scotland. The party has seven MSPs in the Scottish Parliament as of May 2021. As of the 2022 local elections, the party sits on 13 of the 32 Scottish local councils, with a total of 36 councillors. They held two ministerial posts in the first Yousaf government following a power-sharing agreement with the SNP from August 2021 until the end of the Bute House Agreement in April 2024, marking the first time Green Party politicians formed part of a government in the UK.

<span class="mw-page-title-main">Scottish independence</span> Independence movement in Europe

Scottish independence is the idea of Scotland regaining its independence and once again becoming a sovereign state, independent from the United Kingdom. The term Scottish independence refers to the political movement that is campaigning to bring it about.

<span class="mw-page-title-main">John Swinney</span> First Minister of Scotland since 2024

John Ramsay Swinney is a Scottish politician who has served as First Minister of Scotland since May 2024. Swinney has served as Leader of the Scottish National Party (SNP) on two occasions, since May 2024 and between 2000 and 2004. He has held various roles within the Scottish Cabinet from 2007 to 2023 under First Ministers Alex Salmond and Nicola Sturgeon. Swinney was Member of the Scottish Parliament (MSP) for North Tayside from 1999 to 2011 and, following boundary changes, has been MSP for Perthshire North since 2011. He was Member of Parliament (MP) for Tayside North from 1997 to 2001.

<span class="mw-page-title-main">Politics of Scotland</span>

The politics of Scotland operate within the constitution of the United Kingdom, of which Scotland is a country. Scotland is a democracy, being represented in both the Scottish Parliament and the Parliament of the United Kingdom since the Scotland Act 1998. Most executive power is exercised by the Scottish Government, led by the first minister of Scotland, the head of government in a multi-party system. The judiciary of Scotland, dealing with Scots law, is independent of the legislature and the Scottish Government, and is headed by the Lord Advocate who is the principal legal adviser to the Scottish Government. Scots law is primarily determined by the Scottish Parliament. The Scottish Government shares limited executive powers, notably over reserved matters, with the Scotland Office, a British government department led by the Secretary of State for Scotland.

<span class="mw-page-title-main">Wendy Alexander</span> Scottish politician (born 1963)

Wendy Alexander is a retired Scottish politician and the former Member of the Scottish Parliament (MSP) for Paisley North. She held various Scottish Government cabinet posts and was the Leader of the Scottish Labour Party from 2007 to 2008. In June 2008, the Scottish Parliament's standards committee ruled that Wendy Alexander broke parliament rules by failing to register donations on her MSPs' register of interests. Wendy Alexander quit as Scottish Labour leader. In 2010–2011 she convened the Scotland Bill Committee on financial powers of the Scottish Parliament.

<span class="mw-page-title-main">Johann Lamont</span> Scottish Labour politician

Johann MacDougall Lamont is a Scottish Labour Co-operative politician who served as Leader of the Scottish Labour Party from 2011 to 2014. She was previously a junior Scottish Executive minister from 2004 to 2007 and Deputy Leader of the Scottish Labour Party from 2008 until her election to the leadership in 2011. In addition to her ministerial and leadership roles, she has been a campaigner on equality issues and violence against women throughout her political career.

<span class="mw-page-title-main">Nicol Stephen</span> British politician (born 1960)

Nicol Ross Stephen, Baron Stephen is a Scottish politician who served as Deputy First Minister of Scotland and Minister for Enterprise and Lifelong Learning from 2005 to 2007. A member of the Scottish Liberal Democrats, he was the Member of the Scottish Parliament (MSP) for Aberdeen South from 1999 to 2011, and was leader of the Scottish Liberal Democrats from 2005 to 2008.

<span class="mw-page-title-main">Scottish Conservatives</span> Part of the British Conservative Party

The Scottish Conservative and Unionist Party often known colloquially as the Scottish Tories is part of the UK Conservative Party active in Scotland. It currently holds 5 of the 57 Scottish seats in the House of Commons, 31 of the 129 seats in the Scottish Parliament, and comprises 209 of Scotland's 1,227 local councillors.

<span class="mw-page-title-main">Joe FitzPatrick</span> Scottish Local Government Empowerment & Planning Minister

Joseph Martin FitzPatrick is a Scottish politician who most recently served as Minister for Local Government Empowerment and Planning from March 2023 to May 2024. A member of the Scottish National Party (SNP), he has been the Member of the Scottish Parliament (MSP) for Dundee City West since the 2007. Prior to his most recent Ministerial appointment, he was Convener of the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee. He served as Minister for Public Health, Sport and Wellbeing from 2018 to until his resignation in 2020. He also served as Minister for Parliamentary Business from 2012 to 2018.

<span class="mw-page-title-main">Commission on Scottish Devolution</span> 2007 government body regarding Holyroods powers

The Commission on Scottish Devolution, also referred to as the Calman Commission or the Scottish Parliament Commission or Review, was established by an opposition Labour Party motion passed by the Scottish Parliament on 6 December 2007, with the support of the Conservatives and Liberal Democrats. The governing Scottish National Party opposed the creation of the commission.

<span class="mw-page-title-main">Scottish devolution</span> Since 1707 Acts of Union to present day

Scottish devolution is the process of the UK Parliament granting powers to the devolved Scottish Parliament. Prior to the advent of devolution, some had argued for a Scottish Parliament within the United Kingdom – while others have since advocated for complete independence. 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, 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.

<span class="mw-page-title-main">Devolution in the United Kingdom</span> Granting governmental powers to parts of the UK

In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd, the Northern Ireland Assembly and the London Assembly and to their associated executive bodies: the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities.

<span class="mw-page-title-main">2016 Scottish Parliament election</span>

The 2016 Scottish parliament election was held on Thursday, 5 May 2016 to elect 129 members to the Scottish Parliament. It was the fifth election held since the devolved parliament was established in 1999. It was the first parliamentary election in Scotland in which 16 and 17 year olds were eligible to vote, under the provisions of the Scottish Elections Act. It was also the first time the three largest parties were led by women.

<span class="mw-page-title-main">Smith Commission</span> Cameron-era government body on Scottish devolution

The Smith Commission was announced by Prime Minister David Cameron on 19 September 2014 in the wake of the 'No' vote in the 2014 Scottish independence referendum. The establishment of the commission was part of the process of fulfilling The Vow made by the leaders of the three main unionist parties during the last days of the referendum campaign. The Vow promised the devolution of more powers from the Parliament of the United Kingdom to the Scottish Parliament in the event of a No vote.

<span class="mw-page-title-main">Scotland Act 2016</span> United Kingdom legislation

The Scotland Act 2016 is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smith Commission, which was established on 19 September 2014 in the wake of the Scottish independence referendum.

<span class="mw-page-title-main">Monica Lennon</span> Scottish Labour politician

Monica Lennon is a Scottish politician who has served as a Member of the Scottish Parliament (MSP) for the Central Scotland region since 2016. A member of the Scottish Labour Party, she has served in various roles on the Scottish Labour front bench. She was the Scottish Labour Spokesperson for Health and Sport from 2018 to 2021, Scottish Labour Spokesperson for Economy, Jobs and Fair Work from March 2021 to June 2021 and Scottish Labour Spokesperson for Net Zero, Energy and Transport from June 2021 to November 2021. She was a candidate in the 2021 Scottish Labour leadership election and currently serves on the Scottish Parliament's Net Zero, Energy and Transport Committee.

<span class="mw-page-title-main">Proposed second Scottish independence referendum</span> Possible future referendum

A second referendum on Scotland becoming independent of the United Kingdom (UK) has been proposed by the Scottish Government. An independence referendum was first held on 18 September 2014, with 55% voting "No" to independence. The Scottish Government stated in its white paper for independence that voting Yes was a "once in a generation opportunity to follow a different path, and choose a new and better direction for our nation". Following the "No" vote, the cross party Smith Commission proposed areas that could be devolved to the Scottish Parliament; this led to the passing of the Scotland Act 2016, formalising new devolved policy areas in time for the 2016 Scottish Parliament election campaign.

<span class="mw-page-title-main">Gender Recognition Reform (Scotland) Bill</span> Proposed Scottish law

The Gender Recognition Reform (Scotland) Bill is a bill passed by the Scottish Parliament. The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it simpler for people to change their legal gender. On 17 January 2023, the United Kingdom government used section 35 of the Scotland Act 1998 to block the bill from receiving royal assent, the first time section 35 has been used.

References

  1. ↑ Gibson, Kenneth, "Implementing the Financial Powers in the Scotland Act 2012", Scottish Parliamentary Review, Vol. I, No. 2 (Jan, 2014) [Edinburgh: Blacket Avenue Press]
  2. ↑ Scotland Act 2012. 2012.
  3. ↑ Scotland Act 2012, Scottish rate of income tax. 2012.
  4. ↑ Dinwoodie, Robbie (10 December 2010). "Professor who drew up Bill to advise on scrutiny". The Herald. Glasgow. Retrieved 13 December 2010.
  5. ↑ "MSPs 'unable to recommend' Scotland Bill plan". BBC News Scotland. 15 December 2011. Retrieved 18 December 2011.
  6. ↑ S. MacNab, "Scotland Bill: Parties split as SNP threatens to block transfer of powers", The Scotsman, (16 December 2011)
  7. ↑ Jones, Peter (4 October 2011). "Before May, it was assumed that even if the SNP opposed them, the unionist parties would have voted them through the Scottish Parliament. Of course, thanks to the SNP winning a majority, they now no longer have the power to do that. Indeed, the SNP has the power to block the transfer of powers. Last week's meeting of the Scottish Parliament committee examining the Scotland Bill's provisions made it pretty clear that the SNP is preparing the ground to do exactly that". The Scotsman. Edinburgh. Retrieved 4 October 2011.
  8. ↑ Jones, Peter; Macleod, Angus (16 December 2011). "Scotland Bill stalls as SNP clashes with Westminster". The Times. London. Retrieved 16 December 2011.
  9. ↑ BBC News, "Holyrood to be given new income tax and borrowing powers". BBC News Online, (21 March 2012)
  10. ↑ BBC News, "MSPs endorse new Holyrood powers under Scotland Bill", BBC News Online, (18 April 2012)
  11. ↑ "Commons clears transfer of powers". The Herald. 28 January 2011. Retrieved 28 January 2011.
  12. ↑ "Scotland Bill: Parties split as SNP threatens to block transfer of powers".
  13. ↑ "MSPs endorse new Holyrood powers under Scotland Bill". BBC. 18 April 2012. Retrieved 20 April 2012.
  14. ↑ "MSPs approve Scotland Bill". The Herald. 19 April 2012. Retrieved 20 April 2012.
  15. ↑ "MSPs back Holyrood powers boost", Stornoway Gazette, (18 April 2012)
  16. ↑ The Law Society of Scotland, news statement

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.