Lesson Starter
• List the five different types of
Bills. Choose one and give
examples of legislation passed.
• Why have different types of bills?
• What is the ‘whip system’?
• You have 10 minutes to complete
this task.
• Help each other!
Devolved and
Reserved Matters of
the Scottish
Parliament
Lesson Starter
• Take 3 devolved powers. Outline
what they are.
• Give an example of a law passed
for each.
• You have 10 minutes to complete
this task.
• Help each other!
What will I learn?
• Devolved Matters of the
Scottish Parliament
Devolved and reserved matters
• Only some issues can be dealt with by
the Scottish Parliament. These are
known as devolved matters because the
power to make these laws in these
areas has been devolved (transferred)
from Westminster and the UK
parliament.
• Even although there is now a SP, Scotland is NOT an
independent country.
• It is not a ‘SOVEREIGN’ nation with control over its own
borders and the protection of those borders.
• Scotland remains part of the UK. As evidence of this, when
a new SP session opens, the newly elected MSPs swear
allegiance to the Queen.
• The SP manages an annual budget of around £20billion. The
SP has the power to vary the basic rate of income tax
(currently 22p in the pound) in Scotland by up to 3p in the
pound.
• The SP has control over council tax in Scotland and can
raise revenue by changing fees for certain public services.
• Lines have been drawn between the powers which the UK
Parliament in Westminster has reserved and the powers
which have been devolved to Scotland at Holyrood.
Why?
• The Scottish people want to have greater
control over issues that impact on their dayto-day lives.
• The education and justice systems are very
different. In turn, these issues should be
dealt separately from the rest of the UK, as
they are only relevant to the people of
Scotland.
• If the Scottish Parliament did not exist, then
it would mean that English MPs would get to
vote on issues that only affect the Scottish
people – eg. education. This would be unfair,
as English MPs would get to vote on issues
that they probably know little about and in
turn may not vote in the best interests of the
Scottish people.
• The Scotland Act 2012, which was
passed by the UK Parliament and
received royal assent in May 2012, gives
the Scottish Parliament a range of
additional powers. These include powers
relating to borrowing and income tax, as
well as law-making powers on matters
such as speed limits and air guns. It will
be a few years, however, before all
sections of the Act come fully into
effect.
Can I…
• List the different areas that have been
devolved to the Scottish Parliament.
• Explain why these matters have been
devolved.
• Identify and describe different laws
that have been passed under the
devolved matters.
Reserved Matters
Lesson Starter
• Outline two devolved powers
detailing legislation that has
been passed.
• You have 5 minutes to complete
this task.
• Help each other!
What will I learn?
• About the reserved matters of
the UK Parliament.
• The Sewel Convention
Success Criteria
• List and exemplify the reserved
powers.
• Explain the Sewel commission and
why it is in place.
The Reserved Matters
• The UK parliament continues to
legislate for Scotland on reserved
powers.
• Therefore there are certain areas
that Scotland cannot legislate on.
Reserved Matters
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constitutional matters
UK foreign policy
UK defence and national security
fiscal, economic and monetary System
immigration and nationality
energy: electricity, coal, gas and nuclear energy
common markets
trade and industry, including competition and
customer protection
some aspects of transport, including railways,
transport safety and regulation
employment legislation
social security
gambling and the National Lottery
Foreign Policy
• The Scottish Parliament can and does
debate reserved matters, even though
it cannot legislate on them.
• Debated the issue of the Iraq war even
though it had not direct responsibility
for defence on foreign affairs.
Immigration and asylum
seekers
• Asylum is one of the issues with local effects
that is run entirely from London rather than
being a devolved matter.
• Before its closure, campaigners against
Dungavel called for the Scottish Government
to be given the power to close it or at least
speak out against it.
• Powers were limited as they could only refer
people to the home office because it had no
powers in this area.
Immigration and asylum
seekers
• There are around 1300 asylum seekers
in Glasgow who are in danger of being
forced to leave the city because the UK
Border Agency is no longer prepared to
pay Glasgow City Council to house them.
• Resulted in a stand off between the UK
government and Glasgow city council.
Trident
• Trident is the country’s nuclear
submarine system. The UK
government voted to keep it whilst
the whole Scottish government
voted against it.
• However the issue of renewing this
is reserved by Westminster and
the decision has now been made to
keep it.
Trident
• Alex Salmond has caused conflict
by suggesting that because the
matter is reserved and the
Scottish Government cannot
prevent Trident, the UK should
have to pay transport through
Scotland.
The Sewel Convention
• The Sewel Convention applies when the
UK Parliament legislates on a matter
which is devolved to the Scottish
Parliament. It holds that this will
happen only if the Scottish Government
has given its consent.
• Lord Sewel: “there will be instances
where it would be convenient for
legislation on devolved matters to be
passed by the UK Parliament."
The Sewel Convention
• The government believed the Sewel
convention allowed pragmatic solutions
to be developed in making legislation in
both the UK and Scottish parliaments
• The Sewel motions have been used in:
tobacco advertising, adoption and
children, the carriage of guide dogs in
private hire vehicles and sea fishing
grants, but mainly in the justice area.
Can I …
• List and exemplify the reserved
powers.
• Explain the Sewel commission and
why it is in place.