To what extent are the powers of
the Scottish Parliament limited?
• Exam questions about the SP are likely
to ask you about the powers of the SP
• For example, your prelim question…
• Analyse the legislative powers of
Parliament.
• You might also be asked about
restrictions of the power of the
Scottish Parliament
• To what extent are the powers of
Parliament limited?
To what extent are the powers of
the Scottish Parliament limited?
• Class Discussion – are the powers of the
SP limited?
• Think of examples of how the powers
are limited and are not limited.
Copy the table below:
Not limited
Limited
Powers over devolved issues. E.g.
health. Passed laws such
as…Successful because…this shows
how the powers of Parliament are
not limited because…
No power over reserved issues. E.g.
defence. Example of how things
happen to do with defence and SP
has no control…this shows that
powers of SP are limited because…
Copy the table below:
Not limited
Limited
Powers over devolved issues. E.g.
health. Passed laws such
as…Successful because…this shows
how the powers of Parliament are
not limited because…
No power over reserved issues. E.g.
defence. Example of how things
happen to do with defence and SP
has no control…this shows that
powers of SP are limited because…
Education…examples…success…
therefore…
Immigration…examples…SP has no
control…therefore…
Justice…examples…success…
therefore…
Welfare…examples…SP has no
control…therefore…
Recent developments – 2012
Scotland Act, Smith Commission,
more powers…examples…success…
therefore
Powers still limited – many areas
still not devolved, Sewell
Convention, examples…SP has no
control…therefore
To what extent are the powers of
Parliament limited? (20 marks)
• Start this essay in class…finished for
Monday
• Remember rules for introductions and
conclusions
• Remember…marks for knowledge points,
analysis and evaluative comments (miniconclusions)
• DO NOT hand in a half-hearted attempt
Knowledge Marks (up to 8)
• Devolved Powers – examples – see handout issued
• Limits to powers – hand-out
Analysis Marks
• After giving examples, explain why this
shows that the SP’s powers are limited
or not
Evaluative Marks
• At the end of each paragraph, sum-up
your conclusions as to the extent of
power the SP has
• Also, in overall conclusion at the
end…come to detailed overall
conclusions about the limits on the
power of the SP
Analysis and Evaluative Marks
• Up to 12 marks
Structure Marks (up to 2)
• Introduction, conclusion and paragraphs
To what extent are the powers of
the Scottish Parliament limited?
Foreign Policy
• Knowledge - SP has no power in this area – it is
reserved
• The Scottish Parliament can and has debated
reserved matters, even though it cannot legislate
on them.
• Debated the issue of the Iraq War (2003) even
though it had no direct responsibility for defence
or foreign affairs.
• Recent chemical weapons attacks by President
Assad of Syria on his own people have sparked
international outrage (2013). Alex Salmond, the
Scottish First Minister has publically condemned
what has happened. However, because defence is a
reserved matter, only Westminster can make
decisions on this.
Foreign Policy
• Analysis - Although SP can debate on
issues such as the Iraq War, ultimately
the decision to go to war lies with
Westminster and therefore the powers
of the SP are limited in this key political
area
• Scottish soldiers died as a result of the
conflict but the SP had no real say on
the issue
Immigration and Asylum
Seekers
• Knowledge - 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 (a Scottish
immigration detention centre) called for the Scottish Government to
be given the power to close it or at least speak out against it.
• A well-known example of when this power was used by Westminster is
that of Precious Mhango and her mother Florence. Precious and her
mother were held at the Dungavel Detention Centre after the visa
they had when they entered the country, had run out. Precious and
her mother faced deportation on instruction from the UK Home
Office. Locals where they lived (Cranhill) campaigned for their release
and SNP politician Anne McLaughlin wrote to the Home Secretary as
they feared for the child’s safety if they returned to Malawi. The
Home Secretary refused to step in to help Precious and her family.
• Analysis - Powers were limited as they could only refer people to the
home office because it had no powers in this area. Eventually the
centre was closed but this was a Westminster decision – SP did not
have the final say, showing that the SP’s powers are limited
Immigration and asylum
seekers
• Knowledge – In 2010, 1300 asylum seekers in
Glasgow were 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.
• This resulted in a stand off between the UK
government and Glasgow City Council.
• Eventually many of the asylum seekers were
deported although some stayed after local
campiagns
• Analysis – this shows that in this area, the
SP’s hands are tied. Only Westminster can
make decisions relating to asylum
Defence - Trident
• Knowledge - Trident is the country’s nuclear
submarine system and is based at the Faslane
Naval Base near Glasgow on the River Clyde.
The UK government voted to keep it whilst
the whole Scottish government voted against
it. Key issue in independence referendum.
• Analysis - However the issue of renewing this
is reserved by Westminster and the decision
has now been made to keep it. This in spite of
widespread opposition in Scotland with opinion
polls showing that most Scots are against
having nuclear weapons in the country.
Defence - Trident
• Knowledge - 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.
• Analysis – ultimately however, the
decision on what to do in relation to
these weapons lies with Westminster
showing that the powers of the SP are
indeed limited in this area
Welfare - Benefits
• Knowledge – Until recently, the SP had no power over
the issue of welfare. The introduction in 2012 of
Universal Credit and restrictions to benefits including
the Under-Occupancy Charge (Bedroom Tax) were met
with opposition in Scotland. The SNP Government in the
SP voiced its complete opposition – as did the Labour
opposition in the SP, along with the Greens.
• Analysis – These changes will however come into force
in Scotland gradually over the next few years with some
families already feeling the negative impact of the socalled “Bedroom Tax”. Although Scottish Councils have
since been able to provide funding to compensate
families affected by the Bedroom Tax, this was only
after the UK Government gave them the ok. Ultimately,
most issues to do with welfare are currently the sole
responsibility of Westminster, shoeing that the powers
of the SP are very much limited.
The Sewel Convention
• Knowledge - 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
• Knowledge - The UK government believes that
the Sewel convention is practical and saves time
in making legislation for 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.
• Analysis – It could be argued that this shows
that Westminster is the “senior partner” in the
arrangement. Westminster can pass laws on
devolved issues (albeit with the consent of the
SP) but can the SP pass legislation on reserved
issues? – NO!
SP’s powers not limited?
Use your Devolved Powers
Hand-out
• Look at devolved areas, give examples of
successful laws passed and explain how
this shows that the powers of the SP
are not limited.
• For example, health – smoking ban etc.
• Next few slides have other points you
can use
Justice - Release of the
Lockerbie bomber
• Knowledge - In 2009, the SG decided to
release the so-called Lockerbie bomber
Abdelbaset Ali al-Megrahi.
• He had been arrested in 2001 and
charged with blowing up a plane in 1988
which lead to 270 fatalities.
• In 2009, Justice Minister Kenny
MacAskill released him on
“compassionate grounds”. He had been
dying from cancer.
Justice - Release of the
Lockerbie bomber
• Analysis – In spite of widespread
opposition from various world leaders,
the SP had absolute authority over any
decisions made in relation to justice.
• Even though David Cameron (and indeed
Barack Obama) publically condemned
the SP and Alex Salmond etc. and urged
the SNP to reconsider, Megrahi was
released anyway, showing that in some
ways the powers of the SP are most
certainly not limited.
Scotland Act 2012
•
1.
2.
3.
4.
•
Knowledge - This followed recommendations made in the Calman
Commission Report of 2009. The SP was given more powers,
particularly in relation to tax. At the time the Act was described as
the biggest transfer of fiscal powers to Scotland in over 300 years.
Allow MSPs to set income tax rates in Scotland and enable
Holyrood to borrow more money.
A new Scottish rate of income tax and borrowing powers worth
£5bn
Powers over air guns, drink-driving and speed limits.
Stamp duty, land tax and landfill tax, among other things also
devolved.
Analysis – The Scotland Act gave more powers to the Scottish
Parliament in relation to tax and other areas showing that its
powers are no longer limited in these areas. As a result Scotland
has more control over its own future without being hampered by
interference from Westminster.
Scottish Independence
Referendum 2014
• Knowledge - In September 2014, 55%
of Scots voted no to Scottish
Independence
• The debate around the referendum did
lead to calls for Scotland to have more
devolved powers
Smith Commission Report, 2014
• Knowledge - This report
followed a vow by the UK’s
main political leaders who
were against independence
• The PM and Conservative
leader David Cameron, Deputy
PM and Lib Dem leader Nick
Clegg and Labour leader Ed
Miliband all promised that
Scotland would gain more
devolved powers in the event
of a no vote
• The report recommended that
Scotland be given more
devolved powers…
Smith Commission Report, 2014
• Knowledge - Scotland to have
more power in relation to taxes,
notably in relation to VAT and Air
Passenger Duty. However, income
tax still reserved
• Scotland should be given more
borrowing powers
• Some benefits to be devolved –
e.g. benefits for carers and
disabled people. All other benefits
to remain reserved, including
universal credit, minimum wage
etc.
• Elections – SP to have power to
lower voting age for Scottish
elections
• Abortion – recommended that
making this area devolved should
be considered
Smith Commission Report, 2014
• Analysis – although Scotland did not gain
independence in 2014, it is likely to gain
more powers as a result of the Smith
Commission’s recommendations meaning
that its powers will be less restricted by
Westminster. However, critics of the
Commission believe the recommendations
fall short of the powers Scotland should
have and are sceptical on whether or not
Westminster will grant these new
powers fully.
Work for Today…
• Continue with essay
• Intro, several paras, conclusion
• Finish for Friday 6.2