| CHAPTER 2 |
| WHAT THE SCOTTISH PARLIAMENT CAN DO |
2.1 The Government are committed to creating a Scottish Parliament which will extend democratic control over the widespread responsibilities currently exercised by The Scottish Office and other Scottish Departments. These have nearly 12,000 civil servants serving Scotland’s needs. What is required is a more effective democratic framework. This Chapter sets out what will be devolved, and the roles of the Scottish Parliament and the new Scottish Executive.
2.2 The proposed settlement reflects the changes in The Scottish Office’s responsibilities over the past 20 years and the Government’s commitment to establish a Scottish Parliament with wide-ranging powers including some matters not currently discharged by The Scottish Office. Among the areas to be devolved, not included in the devolution proposals of the Scotland Act 1978, are economic development, financial and other assistance to industry, universities, training, forestry, certain transport matters, the police and the prosecution system.
The Scottish Parliament
2.3 The role of the Scottish Parliament will be to make laws in relation to devolved matters in Scotland. In these devolved areas, it will be able, by virtue of the devolution legislation, to amend or repeal existing Acts of the UK Parliament and to pass new legislation of its own in relation to devolved matters. It will also be able to consider and pass private legislation, promoted by individuals or bodies (for example local authorities) in relation to devolved matters.
2.4 All matters that are not specifically reserved - see Chapter 3 - will be devolved. Devolved matters over which the Scottish Parliament will have legislative power include:
Health
• health generally including overall responsibility for the National Health Service in Scotland and public and mental health; also the education and training of health professionals and the terms and conditions of service of NHS staff and general practitioners;
Education and training
• school education including pre-5, primary and secondary education, the functions of Her Majesty’s Inspectorate of Schools and teacher supply, training and conditions of service;
• further and higher education including policy, funding, the functions of the Scottish Higher Education Funding Council (SHEFC) and student support;
• science and research funding where supported through SHEFC and where it is undertaken in support of other devolved matters;
• training policy and lifelong learning including all the training responsibilities presently exercised by The Scottish Office;
• vocational qualifications including the functions of the Scottish Qualifications Authority;
• careers advice and guidance;
Local government, social work and housing
• local government including local government finance and local domestic and non-domestic taxation;
• social work including the Children’s Hearings system;
• voluntary sector issues;
• housing including the functions of Scottish Homes;
• area regeneration including the designation of enterprise zones;
• land-use planning and building control;
Economic development and transport
• economic development including the functions of Scottish Enterprise, Highlands and Islands Enterprise and the local enterprise companies;
• financial assistance to industry subject to common UK guidelines and consultation arrangements to be set out in a published concordat;
• inward investment including the functions of Locate in Scotland;
• promotion of trade and exports including the functions of Scottish Trade International;
• promotion of tourism including the functions of the Scottish Tourist Board;
• passenger and road transport covering the Scottish road network, the promotion of road safety, bus policy, concessionary fares, cycling, taxis and minicabs, non-technical aspects of disability and transport, some rail grant powers, the Strathclyde Passenger Transport Executive and consultative arrangements in respect of public transport;
• appropriate air and sea transport powers covering ports, harbours and piers, the provision of freight shipping and ferry services, the activities of Highlands and Islands Airports Ltd and planning and environmental issues relating to airports;
• inland waterways;
Law and home affairs
• criminal law and procedure except for offences created in statute law relating to reserved matters including drugs and firearms;
• civil law except in relation to matters which are reserved;
• electoral law in relation to local government elections;
• judicial appointments subject to the appointments of the Lord President of the Court of Session and the Lord Justice Clerk being made by The Queen on the advice of the Prime Minister on the basis of nominations from the Scottish Executive;
• the criminal justice and prosecution system;
• the civil and criminal courts including the functions of the Scottish Courts Administration and the Court of Lord Lyon;
• tribunals concerned with devolved matters and the Scottish Council on Tribunals;
• legal aid;
• parole, the release of life sentence prisoners and alleged miscarriages of justice;
• prisons including the functions of the Scottish Prison Service and the treatment of offenders;
• the police and fire services including fire safety;
• civil defence and emergency planning;
• functions under various international legal agreements in devolved areas, for example relating to child abduction and the reciprocal enforcement of Maintenance Orders;
• liquor licensing;
• protection of animals including protection against cruelty to domestic, captive and wild animals, zoo licensing, controlling dangerous wild animals and game;
Environment
• the environment including environmental protection, matters relating to air, land and water pollution and the functions of the Scottish Environment Protection Agency; water supplies and sewerage; and policies designed to promote sustainable development within the international commitments agreed by the UK;
• the natural heritage including countryside issues and the functions of Scottish Natural Heritage;
• the built heritage including the functions of Historic Scotland;
• flood prevention, coast protection and reservoir safety;
Agriculture forestry and fishing
• agriculture including responsibility for implementing measures under the Common Agricultural Policy, and for domestic agriculture including crofting, animal and plant health and animal welfare subject to suitable co-ordination arrangements to ensure consistency within the UK where required under European law or to protect the public, animal or plant health or animal welfare;
• food standards: the relationship between the powers to be exercised by the Scottish Executive and the proposed Food Agency and the degree of UK co-ordination required to protect the public will be considered in the White Paper on the Agency to be issued in the autumn;
• forestry: the Secretary of State for Scotland’s functions, including his power of direction over the Forestry Commission, will be transferred to the Scottish Executive, as will responsibility for finance for the Forestry Commission’s activities in Scotland. The financial arrangements will be agreed on a fair and equitable basis taking into account the interests of UK tax payers in a suitable division of the receipts from the business activities of the Commission;
• fisheries including responsibility for implementing measures under the Common Fisheries Policy, subject to suitable co-ordination arrangements to ensure effective discharge of UK obligations; domestic fisheries matters including inshore sea fisheries, salmon and freshwater fisheries and aquaculture;
Sport and the arts
• sport including the activities of the Scottish Sports Council;
• the arts including the functions of the National Library of Scotland, the National Museums of Scotland, the National Galleries of Scotland, the Scottish Museums Council, the Scottish Arts Council, and Scottish Screen and support for Gaelic;
Other matters
• statistics, public registers and records including the responsibilities of the Keeper of the Registers, the Keeper of the Records, and the Registrar General for Scotland.
2.5 The Scottish Parliament will also be able to examine devolved matters and debate a wide range of issues of interest and concern in Scotland, whether devolved or reserved. The Scottish Parliament and Executive will be able to promote equal opportunities through policies and legislation in the full range of devolved matters. There will continue to be arrangements for the Scottish voice to be heard on UK-wide subjects such as women’s issues.
The Scottish Executive
2.6 The Scottish Executive, which will be accountable to the Scottish Parliament, will exercise executive responsibility in relation to devolved matters. The relationship between the Scottish Executive and the Scottish Parliament will be similar to the relationship between the UK Government and the UK Parliament. The Executive will consist of the First Minister plus a team of Scottish Ministers including Law Officers. The statutory powers and duties exercised by Ministers of the Crown in Scotland in relation to devolved matters will be transferred to Ministers of the Scottish Executive.
2.7 In addition, the Scottish Executive will be responsible for certain administrative functions in areas where law-making powers will be reserved or are a matter for the EU. Most of these functions are already performed by the Secretary of State for Scotland. Transferring them to the Scottish Executive will allow detailed administrative arrangements to meet distinctive Scottish circumstances within a coherent and consistent UK legislative framework. Among the functions which the Scottish Executive will perform in this way will be: the administration in Scotland of the European Structural Funds; powers and duties in relation to electricity supply (including, for example, the granting of consent for the construction of a generating station or overhead electricity lines) and civil nuclear emergency planning; the determination of certain public sector pension schemes; an appropriate oversight role in relation to all Scottish passenger rail services; administration of freight facilities and track access grants; applications to the EU for the designation of lifeline air services; powers to issue policy and financial directions to National Lottery distributors in Scotland; designation of casino areas; and the setting of gaming hours and certain licence fees. The Executive will also be responsible for appointments of Justices of the Peace and General Commissioners of Income Tax; and some Crown, church and ceremonial matters.
Public bodies
2.8 The Parliament and its committees will hold public bodies exercising functions in relation to devolved matters to account for their actions in Scotland and will have the power to legislate in respect of these bodies.
2.9 The Scottish public bodies listed in Annex A will come within the remit of the Parliament. It will receive reports and will be able to investigate and monitor their activities; and it will be able to alter their structure or wind up existing bodies and create new ones. The Scottish Executive will inherit the existing powers of UK Ministers of the Crown to make appointments to, fund and direct the activities of these bodies.
2.10 In certain devolved areas where public bodies with a UK or GB remit presently operate it will be for the Scottish Parliament to decide whether to put in place separate Scottish bodies. The Government envisage however that the Scottish Parliament will want to continue most such UK or GB arrangements in the light of the advantages of sharing knowledge and expertise on a UK or GB basis and of the greater efficiency in the use of resources. The Scottish Parliament will have the power to require submission of reports and the presentation of oral evidence on the activities of such bodies and will be able to investigate, report on and debate what they do. Where UK/GB bodies are established on a statutory basis and have a remit which includes responsibility for devolved matters in Scotland, the Scottish Executive will have a statutory right to be consulted on their membership. There will also be a right to consultation on changes to terms of reference and on the exercise of any relevant statutory functions in respect of such bodies. There will be provision for transferring functions in respect of such bodies on a case by case basis to the Scottish Executive and for dealing with the practical consequences in the event that a body has to be split up. These provisions will apply to many bodies across the full range of devolved matters. Examples include: the UK Sports Council, the Central Council for Education and Training in Social Work, the Criminal Injuries Compensation Authority and the Meat Hygiene Service. There are also many non-statutory bodies with a UK or GB remit. In these cases arrangements based on these principles will be made under non-statutory agreements.
2.11 In certain reserved areas the activities of other UK/GB bodies which are accountable to the UK Parliament will continue to be significant in the economic or social life of Scotland, and therefore likely to be of interest to the Scottish Parliament. The Government propose that the Scottish Parliament should be able to invite the submission of reports and the presentation of oral evidence before its committees from bodies operating in reserved areas in relation to their activities in or affecting Scotland. Examples of such bodies are:
• energy regulators such as the Office of Electricity Regulation and the Office of Gas Supply;
• the Office of Passenger Rail Franchising and the Office of the Rail Regulator;
• the Health and Safety Commission;
• the Commission for Racial Equality and the Equal Opportunities Commission;
• the Employment Service and the Benefits Agency;
• broadcasting and telecommunication organisations such as the BBC and the Independent Television Commission 1 ;
• and the Post Office.
2.12 The Government believe that the powers they propose to devolve to the Scottish Parliament will enable it to bring renewed direction, confidence and prosperity to the people of Scotland; and improve the government of the United Kingdom.
1 The Scottish Executive will be consulted on the appointment of the National Governor of the BBC who represents Scottish interests, and on corresponding appointments to other broadcasting bodies.