Influencing Devolved
Government
Jill Flye, Scottish Council for Voluntary Organisations
How it all started
Civil Society involvement
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I970s, growing pressure for a Scottish Assembly
1979 Referendum, devolution supported by 52% of voters = 33% of
electorate (40% required).
Labour defeat in May 1979.
1987 Scottish Constitutional Convention formed – including political
parties, local authorities, churches, voluntary and other organisations.
SCC final report November 1995 - Scotland’s Parliament, Scotland’s Right
Labour Government White Paper July 1997 - Scotland’s Parliament
SCVO support for Yes Yes campaign
Referendum 11 September 1997, produced clear majorities for a Scottish
Parliament to be created, with certain tax-varying powers.
The CSG Principles
Established to consult on and develop proposals on the Standing Orders for the Scottish
Parliament. The Consultative Steering Group (CSG) included representatives of the
four major Scottish political parties, and civic groups, and consulted widely, including
with the voluntary sector.
The group established the four founding principles of the Scottish Parliament:
Power Sharing
Accountability
Accessibility and Participation
Equal Opportunities
Powers Reserved to Westminster include
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Employment legislation (incl health
and safety)
Social security
The constitution
UK foreign policy, including EU policy
Immigration and Nationality
UK defence and national security
The UK fiscal, economic and
monetary system (incl taxes, coinage)
Common markets for UK goods and
services
Consumer protection (not related to
food safety)
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Transport safety and regulation
Company law
The National Lottery
Equality Rights Legislation
Political parties – registration and
funding
Elections
The civil service
Firearms
Scientific procedures on live animals
Intellectual property
Research councils
Energy (but not renewables)
Devolved Powers include:
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Health
Education and training
Local government
Social work
Voluntary sector
Housing
Area regeneration and planning
Economic development
Trade and exports
Tourism
Passenger and aspects of transport
Scots criminal and civil law
Judicial appointments
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Criminal justice and prosecution
Civil and criminal courts, tribunals
and legal aid
Prisons
Police and fire services
Civil defence and emergency planning
The environment
Agriculture and food standards
Forestry and fisheries
Renewables
Energy efficiency
Sport and the arts
Statistics, public registers and records
Discussion Point
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What do you think the main barriers and opportunities for the voluntary
sector would be in dealing with a new Parliament that aims to encompass
a new approach to politics, with openness and accessibility, power-sharing
and participation built into its core principles, and for the Scottish
Parliament in working to those principles?
How it works in practice
Some differences in approach required
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Scottish Government
Petitions
Contact with MSPs
PQs and motions
Members’ Business debates
Scottish Parliament Committees
Bill Stages
Members’ Bills
Working with a Minority Parliament
The Scottish Government
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Formed by largest party or coalition
SNP minority government elected in May 2007
Comprises First Minister, and the Cabinet Secretaries and ministers,
who lead directorates staffed by civil servants
Legislative plans for the coming year are set out in the Programme for
Government
The Scottish Government proposes most legislation
The Scottish Parliament scrutinises and passes the legislation, eg
through the Committee system.
Working with the Scottish Government
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Respond to consultations
Hold consultation
Direct contact ministers/ Cabinet Secretaries
Attend events
Hold events
Direct contact with civil servants
Working groups/ stakeholder groups
Continued partnership approach
Compact with the sector
About the SNP Government
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Left of centre party
Membership united around independence
Believe good governance can lead to independence
Results/ outcome-focused
Consensus seeking – want to get all Scotland on board
Key departments – Finance and Sustainable Growth; Education and Skills;
Health and Wellbeing
Sustainable growth the over-arching aim
Scottish Government Strategic Themes
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Healthier Scotland
Wealthier and Fairer Scotland
Smarter Scotland
Greener Scotland
Safer stronger Scotland.
A Directorate under each theme is headed up by a Cabinet Secretary and
one or two ministers.
Civil servants in each Directorate are headed up by Director-Generals, who
form the Strategic Board.
The aim is for increased cross-portfolio work.
The Concordat
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Concordat = a new relationship with local government
Local government support for SNP policies
More independence for local authorities
Less ring fenced funding
15 National Outcomes set by the Scottish Government
Single Outcome Agreements relating to National Outcomes agreed
between LAs and Government
How do voluntary organisations engage with the SOAs? – eg via
Community Planning Partnerships
Working with the Scottish Parliament Petitions
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Public Petitions Committee, a mandatory committee in the Scottish
Parliament
All petitions considered by at least one committee.
Many petitions referred onto subject committee
Petitions may be open for a considerable period of time
Petitions not unlikely to succeed…
But work best as one part of a wider lobbying strategy
…Or when the petition is on a very specific issue (see case study
example).
Contact with MSPs
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All MSPs emailable
Smaller numbers
Smaller political community
Important to work across the parties
Target your MSPs – constituency or regional MSPs, spokespersons, check
biographies, committees, X-party groups, etc
Good to have established contacts in advance of any crisis (see case
study).
PQs and Motions
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Seeking information, or making a point
Oral Questions – Scottish Government Question Time (themed and
non-themed)
First Minister’s Question Time
Written questions
Backbencher motions – often mention voluntary organisations
Backbencher motions may go to debate.
Members’ business debates frequently on voluntary sector topics.
Scottish Parliament Committees
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Unicameral parliament – powerful committees
Membership (backbencher) reflects party balance in
Parliament
Scrutinise legislation, hold Scottish Government to
account
Voluntary organisations frequently give evidence
Evidence sessions in public
Meet weekly or fortnightly, mostly Tues and Weds.
Can hold inquiries, propose legislation, and hold
debates, Consider petitions, make recommendations
to Parliament and to Scottish Government
Opportunities – influence legislation, respond to
inquiries, suggest inquiries…
The Scottish Parliament Bill Stages
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Bill introduced to Parliament, lead committee and secondary committee/s
appointed
Stage 1 – the general principles – most evidence (written and oral) given
at the Stage.
Lead Committee drafts Stage 1 report
Stage 1 report debated in Parliament
Stage 2 – Committee consideration of detail and amendments
Amended bill reprinted
Stage 3 - debate in full Parliament – further amendments voted on.
Bill passed, or falls
(Before Parliament – manifestos, Programme for Government, green
papers, white papers, draft bills. After legislation passed – guidance,
regulations, implementation)
Members’ Bills
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Any backbencher MSP can propose legislation
Many will work with voluntary organisations on proposed legislation
Don’t use solely/ primarily as a lobbying tool – the legislation may well be
introduced!
Needs support of 18 MSPs from different parties
Labour intensive – for MSP and supporting organisations
Can be useful to raise awareness through campaign even when legislation
falls (see case study, free school meals)
Excellent opportunity to develop and influence new legislation
The Current Make-up of the Scottish
Parliament
Scottish National Party 47
Scottish Labour Party 46
Scottish Conservatives 17 (minus 1)
Scottish Liberal Democrats 16
Scottish Green Party 2
Ind 1
SNP and LibDems versus Conservatives and Labour …
or
SNP and Conservatives versus Labour and LibDems…
= 62 versus 63
Discussion Point
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What do you consider would be the opportunities and barriers for
voluntary organisations in working with a Scottish Parliament with a
minority government?
Back to the Future
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Who will win the next Scottish Parliament election?
Independence issue – dead and buried?
Is there a place for Scottish voluntary sector views on the constitutional
debate?
What is the future of single outcome agreements and the localism agenda?
What might the impact on Scotland be, of a Conservative Government at
Westminster?