Campaign for a Scottish Parliament Briefing Notes


11. Scotland's Parliament.
Scotland's Right.


Prepared by the Campaign for a Scottish Parliament


Proposals for a Scottish Parliament agreed by the Scottish Constitutional Convention

The greatest achievement of the Campaign for a Scottish Parliament to date has been its initiating and leading role in the creation of the Scottish Constitutional Convention, and its consensus approach to agreeing a powerful Home Rule scheme. The first version 'Towards Scotland's Parliament' was published in November 1990, and was the basis on which the Labour and Liberal Democrats fought the 1992 General Election. While the scheme was endorsed by the Scottish voters, the English electorate ensured the return of a Government determined to defend the status quo.

'Towards Scotland's Parliament' had dealt with a number of issues, particularly the question of the preferred electoral system, in fairly broad strokes. It was therefore agreed to take more time to address this and other questions in greater detail. The second, more detailed scheme, 'Scotland's Parliament. Scotland's Right.' (95k) was published in November 1995. It is the most definitive, detailed blueprint for a Scottish Parliament ever to have been produced. (See Briefing No.10 for a detailed guide to the agreed electoral system.)

(Web Editor's Note: The Scottish Constitutional Convention site, set up to co-incide with the publication of the SCC's report to the Scottish People, has now been moved here to the CSP site for public record and reference.)


Constitutional principles

The Claim of Right for Scotland argued the case for a distinctive Scottish notion of sovereignty vested in the people, and concluded that the relationship with Westminster should be entrenched, i.e. incapable of being unilaterally amended at a later date by a simple majority vote in the Westminster Parliament. The conflicting English notion of unlimited parliamentary sovereignty bedevilled attempts to envisage how formal entrenchment would be achieved.

The Convention eventually concluded that the Scottish Parliament legislation should be preceded by a parliamentary declaration, carried following a tightly time-tabled debate, that the ensuing legislation should not be tampered with without the demonstrated consent of the Scottish people. Although this falls short of the constitutional entrenchment that was initially sought, it gives the establishing legislation an added moral authority.

The establishing Act will embody the principle of subsidiarity which, as the preamble to the Maastricht Treaty on European Union states, requires that decisions be taken as closely as possible to the citizens affected by those decisions.


The powers of a Scottish Parliament

Scotland's Parliament will have a defined range of powers and responsibilities set out in the Act. These will include all areas of public policy currently within the remit of the Scottish Office. The primary matters to be retained by Westminster will be defence, foreign affairs, immigration, nationality, social security policy, and central economic and fiscal responsibilities. On this basis, the Scottish Parliament would assume responsibility for some thirty different defined areas of national life:

  1. Administration of social security
  2. Agriculture
  3. Civil Law, with the possible exception of some areas of commercial and contract law
  4. Coastal erosion and flooding of the land
  5. Crime (excluding deportation and extradition) and the Prison Service
  6. Development and Conservation of the Countryside
  7. Development of Tourism
  8. Education (including the Universities)
  9. Electricity generation
  10. Fire Service
  11. Fisheries
  12. Forestry
  13. Health
  14. Historic Buildings and monuments
  15. Housing
  16. Industrial development
  17. Land Use and Planning
  18. Legal System
  19. Local Government
  20. Police
  21. Pollution
  22. Provision, improvement and maintenance of Harbours
  23. Provision, improvement and maintenance of Roads
  24. Public Records
  25. Registration of births, deaths, marriages and adoption
  26. Social Welfare, including children and adoption
  27. Transport
  28. Tribunals and enquiries related to all functions Scotland's Parliament
  29. Vocational Training and re-training
  30. Water Supply and inland waterways


What a Scottish Parliament could do

The Scottish Parliament scheme agreed by the Constitutional Convention offers Scots the prospect of real power to make decisions in many of the policy areas that are central to the quality of our lives and our opportunities. People in Scotland will be able to make democratic hoices through a fair electoral system that will reflect Scotland's egalitarian consensus. Let's illustrate this by looking at some of the powers listed above, and the range of policy options that will be open to us:

Education

The Scottish people will have the opportunity to decide on the future of opted-out schools, and the assisted places scheme.

Decisions will be taken here in Scotland on the kind of testing and verification that seeks to inform and assist rather than condemn and dismiss.

In the post-16 sector, it is Scotland's representatives alone that will decide on the future of the 'Higher' or its replacement. The decision as to whether or not to bring the Further Education Sector back under democratic accountability, whether local authority or as part of a wider post-school sector delivered nationally, will also be ours to take, as will decisions on the future of student financial support.
(See also Briefing No.9 - Education)

Health

Scotland will decide whether or not to continue with, or replace, hospital trusts, the internal market, and GP fundholding. We will also have responsibility for creating a strategy to combat Scotland's poor health record.

Transport

The Scottish Parliament, working in partnership with local authorities, will be responsible for developing an integrated strategy for road, rail, sea and air transport.

Environment

The Scottish Parliament, and Scotland's local councils will be responsible for the protection and improvement of the Scottish environment, including the issue of disposal of civil nuclear waste. Never again will people outwith our borders take decisions to use our country as a civil nuclear waste dump.

Employment

The Scottish Parliament will have the power to decide the future of compulsory competitive tendering in the public sector. Policy on vocational training, the role and structure of Scottish Enterprise, Highlands and Islands Enterprise, and the LECs will all be Scottish Parliament responsibilities.

Housing

Scotland will decide the policy relating to the sale and development of public sector housing. We will decide here in Scotland on the future role of our local councils in providing decent housing for rent at a price ordinary working people can afford to pay. We will also decide on how the local authority role fits in with the work of other national and local agencies in tackling the scourge of homelessness.


Financing the Scottish Parliament

Stability of income

The establishing legislation will embrace the concept of equalisation whereby the resources of the United Kingdom as a whole will continue to be pooled, and distributed on the basis of relative need. This will ensure that Scotland is guaranteed a fair share of UK resources as a right. The current basis for this calculation, the Barnett formula, will continue to be used, thereby ensuring that the Parliament's income will not require annual negotiation. The formula should be subject to regular review, however, and this in turn should lead to a greater understanding of just how much is raised in taxation in different parts of the United Kingdom.

Autonomy over expenditure

The Scottish Parliament will have control over its assigned budget, and will determine its own public expenditure priorities. Currently these decisions are taken by the Secretary of State for Scotland, but under the Scottish Parliament these decisions on expenditure will be held accountable to the people of Scotland - at the ballot box - rather than made, as at present, by ministers behind closed doors, accountable only to the Cabinet and the Treasury in Whitehall.

The Convention Scheme gives the Scottish Parliament the power to vary the UK level of income tax within the limits of plus or minus 3p in the pound. It is on this ground that Michael Forsyth and other opponents of Home Rule have chosen to make a last desperate stand. The slogan "tartan tax" has been coined in an attempt to shake the confidence of the people of Scotland in our ability to run our own affairs. This represents a complete turn around in Tory thinking. Back in the 1970s, Conservatives attacked Labour's devolution proposals as "irresponsible" because they did not give the proposed Scottish Assembly any responsibility for raising any of its own revenue.

If an additional 3p were to be levied, it would yield some 400 million pounds per year, 1.6 billion pounds over a four year term. While these are relatively small sums in the context of the overall Scottish budget, they could make a significant impact if targeted on the Scottish people's priorities. If the Scottish people want to vote for parties that propose using additional revenues to fund Care in the Community properly, or to build decent houses for reasonable rents, or to develop our transport infrastructure, then they should have the right to do so. The decision whether or not to use the power to raise additional revenue should be their decision.

This prospect of democratic control contrasts markedly with our experience of the last seventeen years during which taxes rejected by Scotland have been imposed on us against our will. The classic example is, of course, the detested Poll Tax, devised by Michael Forsyth, and others, and introduced in Scotland a full year ahead of England and Wales. (Web Editor's note: arguably in contravention of the original Treaty of Union!) If the ever was a "tartan tax" it was the Poll Tax - the Forsyth Tax.


Go to...

Previous pageIntroductionNext page

Campaign for a Scottish Parliament Homepage

Contact the CSP