Scotland Act 1978

Last updated

Scotland Act 1978
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to provide for changes in the government of Scotland and in the procedure of Parliament and in the constitution and functions of certain public bodies.
Citation 1978 c. 51
Introduced by Michael Foot
Territorial extent United Kingdom
Dates
Royal assent 31 July 1978
Other legislation
Repealed by
  • Scotland Act 1978 (Repeal) Order 1979 (SI 1979/928)
Relates to
Status: Repealed
Text of statute as originally enacted

The Scotland Act 1978 (c. 51) was an act of the Parliament of the United Kingdom intended to establish a Scottish Assembly as a devolved legislature for Scotland. [1] At a referendum held in the following year, the Act failed to gain the necessary level of approval required by an amendment, and was never put into effect.

Contents

Background

Following Winnie Ewing's groundbreaking win for the Scottish National Party in the 1967 Hamilton by-election, the United Kingdom government responded to the growing support for Scottish independence by setting up the Royal Commission on the Constitution, better known as the Kilbrandon Commission (1969–1973).

In response to the royal commission's report, James Callaghan's Labour government brought forward proposals to establish a Scottish Assembly. In November 1977 a Scotland Bill providing for the establishment of a Scottish Assembly was introduced; it received the Royal assent on 31 July 1978.

The proposed Scottish Assembly

Had the Scotland Act 1978 entered force, it would have created a Scottish Assembly with very limited legislative powers. There would have been a Scottish Executive headed by a "First Secretary", taking over some of the functions of the Secretary of State for Scotland. Two possible contenders for the post of First Secretary were The Reverend Geoff Shaw, leader of Strathclyde Regional Council, and Professor John P. Mackintosh, MP – but both died in 1978.[ citation needed ]

Assembly members would have been elected by the "first past the post" system. The Scottish Assembly would have had the power to introduce primary legislation, to be known as "Measures" (rather than Acts), within defined areas of competence.

Meetings of the Scottish Assembly would have been held at the Old Royal High School in Regent Road, Edinburgh; the former school hall was adapted for use by the Scottish Assembly, including the installation of microphones and new olive green leather seating.

Some other new offices would also have been created, such as a Comptroller and Auditor General for Scotland.

Referendum and repeal

The Scotland Act included a requirement for a "post-legislative" referendum to be held in Scotland to approve the Act's coming into force. During its passage through Parliament, an amendment introduced by George Cunningham (a Scot who represented an English seat) added a further requirement that the approval at the referendum be by 40% of Scotland's total registered electorate, rather than by a simple majority.

The referendum was held on 1 March 1979. A total of 1,230,937 (51.6%) voted at the referendum in favour of an Assembly, a narrow majority of about 77,400 over those voting against. However, this total represented only 32.9% of the registered electorate as a whole. The Labour government accepted that the act's requirements had not been met, and that devolution would therefore not be introduced for Scotland.

Under the terms of the act, it was then repealed by a statutory instrument to be approved by Parliament. The Scottish National Party subsequently voted against the government in a vote of no confidence which led to the resignation of the Callaghan government, and an election was called. The vote to approve the statutory instrument repealing the Act was not held until 20 June 1979, by which time a Conservative government had come to power under Margaret Thatcher. [2] The Order-in-Council was subsequently made on 26 July 1979. [3]

Postscript

In 1998 a new Scotland Act was passed, leading to the establishment of the Scottish Parliament. A key difference between the two acts is that under the 1978 legislation a very limited number of specific powers would have been devolved to Scotland, whereas under the 1998 legislation it is the powers reserved to Westminster which are specifically limited; everything not mentioned in the 1998 act is automatically the responsibility of the Scottish Parliament.

See also

Related Research Articles

<span class="mw-page-title-main">Legislatures of the United Kingdom</span> Parliamentary bodies of the United Kingdom and its component jurisdictions

The legislatures of the United Kingdom are derived from a number of different sources. The Parliament of the United Kingdom is the supreme legislative body for the United Kingdom and the British overseas territories with Scotland, Wales and Northern Ireland each having their own devolved legislatures. Each of the three major jurisdictions of the United Kingdom has its own laws and legal system.

<span class="mw-page-title-main">Devolution</span> Granting of some competences of central government to local government

Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories have the power to make legislation relevant to the area, thus granting them a higher level of autonomy.

Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part of a state or an external dependent country to exercise such of the state's powers of governance within its own administrative area that have been decentralized to it by the central government. Home rule may govern in an autonomous administrative division; in contrast, though, there is no sovereignty separate from that of the parent state, and thus no separate chief military command nor separate foreign policy and diplomacy.

<span class="mw-page-title-main">Statutory instrument (UK)</span> Type of secondary legislation in the United Kingdom

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.

<span class="mw-page-title-main">Senedd</span> Devolved parliament of Wales

The Senedd, officially known as the Welsh Parliament in English and Senedd Cymru in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees to certain taxes, and scrutinises the Welsh Government. It is a bilingual institution, with both Welsh and English being the official languages of its business. From its creation in May 1999 until May 2020, the Senedd was officially known as the National Assembly for Wales and often simply called the Welsh Assembly.

<span class="mw-page-title-main">Scotland Act 1998</span> United Kingdom legislation

The Scotland Act 1998 is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government. It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland.

<span class="mw-page-title-main">Scottish Assembly</span> Former proposed legislature for Scotland

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 the establishment of the Scottish Assembly.

<span class="mw-page-title-main">Referendums in the United Kingdom</span>

Referendums in the United Kingdom are occasionally held at a national, regional or local level. Historically, national referendums are rare due to the long-standing principle of parliamentary sovereignty. There is no constitutional requirement to hold a national referendum for any purpose or on any issue however the UK Parliament is free to legislate through an Act of Parliament for a referendum to be held on any question at any time.

<span class="mw-page-title-main">1997 Scottish devolution referendum</span> Measure creating a devolved Scottish Parliament

The Scottish devolution referendum of 1997 was a pre-legislative referendum held in Scotland on 11 September 1997 over whether there was support for the creation of a Scottish Parliament with devolved powers, and whether the Parliament should have tax-varying powers. The result was "Yes–Yes": a majority voted in favour of both proposals, and the Parliament was established following an election in 1999. Turnout for the referendum was 60.4%.

<span class="mw-page-title-main">1979 Scottish devolution referendum</span> Post-legislative referendum

A post-legislative referendum was held in Scotland in 1979 to decide whether there was a sufficient support for a Scottish Assembly proposed in the Scotland Act 1978 among the Scottish electorate. This was an act to create a devolved deliberative assembly for Scotland. A majority (51.6%) of voters supported the proposal, but an amendment to the Act stipulated that it would be repealed if less than 40% of the total electorate voted in favour. As there was a turnout of 64% the "Yes" vote represented only 32.9% of the registered electorate, and the act was subsequently repealed.

<span class="mw-page-title-main">1979 Welsh devolution referendum</span>

The 1979 Welsh devolution referendum was a post-legislative referendum held on 1 March 1979 to decide whether there was sufficient support for a Welsh Assembly among the Welsh electorate. The referendum was held under the terms of the Wales Act 1978 drawn up to implement proposals made by the Kilbrandon Report published in 1973.

George Cunningham was a British politician who is known for introducing an amendment to the 1979 Scottish devolution referendum that resulted in the devolution act being repealed even though a majority voted in favour.

The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission or Kilbrandon Report, was a long-running royal commission set up by Harold Wilson's Labour government to examine the structures of the constitution of the United Kingdom and the British Islands and the government of its constituent countries, and to consider whether any changes should be made to those structures. It was started under Lord Crowther on 15 April 1969, Lord Kilbrandon took over in 1972, and it finally reported on 31 October 1973.

<span class="mw-page-title-main">Wales Act 1978</span> United Kingdom legislation

The Wales Act 1978 was an act of the Parliament of the United Kingdom intended to introduce a limited measure of self-government in Wales through the creation of a Welsh Assembly. The act never took effect as a result of the "no" vote in 1979 Welsh devolution referendum and was repealed in 1979.

<span class="mw-page-title-main">2011 Welsh devolution referendum</span>

The referendum on the law-making powers of the National Assembly for Wales was a referendum held in Wales on 3 March 2011 on whether the National Assembly for Wales should have full law-making powers in the twenty subject areas where it has jurisdiction. The referendum asked the question: ‘Do you want the Assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?’

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

Devolution is the process in which the central British parliament grants administrative 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">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">European Union (Withdrawal) Act 2018</span> United Kingdom legislation

The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

<span class="mw-page-title-main">Referendums (Scotland and Wales) Act 1997</span> United Kingdom legislation

The Referendums Act 1997 is an Act of the Parliament of the United Kingdom, which made legal provision for the holding of two non-binding referendums in both Scotland on the establishment of a democratically elected Scottish Parliament with tax-varying powers and in Wales on the establishment of a democratically elected Welsh Assembly. In an unusual move the referendums bill was introduced to the House of Commons by the then Prime Minister Tony Blair himself on 15 May 1997 just two weeks after the landslide Labour victory in the 1997 General Election and was the very first Government sponsored Bill to be presented to the Commons by the Blair Government of 1997-2007. The Act received royal assent on 31 July 1997 and became Spent upon the conclusion of both referendums.

References

  1. "SCOTLAND ACT 1978 (REPEAL)". Parliamentary Debates (Hansard) . 20 June 1979. Retrieved 29 March 2017.
  2. "Journals of the House of Commons, 1979-80 Vol. 236, No. 21, 20 June 1979" (PDF).
  3. "The Scotland Act 1978 (Repeal) Order 1979" (PDF).