Scottish Parliament

The United Kingdom is a diverse sovereign state comprised of four different countries: England, Scotland, Northern Ireland, and Wales. But are they all ruled by the same parliament? In this article, we will explore the roles and responsibilities of Scottish Parliament, and how it functions differently from the UK's central parliament in Westminster.     

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    Functions of the Scottish Parliament

    The Scottish Parliament oversees the work of the Scottish government. It debates issues of the day and makes laws using the powers that have been devolved to it. The Scottish Parliament has legislative powers over several areas, which include issues related to education, the environment, health, law and order, and local government.

    The Scottish Parliament, however, doesn’t have power over foreign affairs, which lies with the sovereign parliament in the UK, based in Westminster. Despite this, the Scottish Parliament still has substantial political and legal power at its disposal.

    Scottish Parliament Inside the Scottish parliament StudySmarterFig. 1 Inside the Scottish parliament

    Election of the Scottish Parliament’s members

    The members of the Scottish Parliament are elected by the public. These members are known as Members of the Scottish Parliament or MSPs. Those elected represent various political parties and serve a term in the parliament. The voting system used is known as the additional member system, which combines a simple ‘first-past-the-post’ constituency vote, with an element of proportionality.

    On the day of the vote, each voter casts two votes: one for the MSP they want to be elected, and one for a political party or individual included on a regional list.

    The Scottish Parliament is divided into different directorates, which are responsible, along with their related public bodies, for putting government policy into practice. There are a total of 73 constituency members and 56 regional members elected to work in parliament. An institution known as the Scottish Parliamentary Corporate Body employs around 450 staff who are dedicated to supporting the work of the parliament and its members.

    First-past-the-post voting is when voters vote for the candidate they want, and the candidate who receives the most votes wins.

    Scottish Parliament background

    During its time as an independent kingdom, Scotland’s parliament was known as the ‘Estates of Scotland’. It existed from the early thirteenth century until the English and Scottish Parliaments passed the Acts of Union in 1707. This led to the formation of the Kingdom of Great Britain.

    Later, after Scotland had been ruled by the central parliament in Westminster for over two centuries, the Devolution Referendum was held in 1997. The referendum, which received majority support, led to the creation of an independent Scottish Parliament with devolved powers. The current Scottish Parliament was established by the Scotland Act of 1998, and its first meeting was held in May 1999.

    Devolved powers of the Scottish Parliament

    Devolution is when a central government gives powers to a subnational or local parliament (usually smaller) in its jurisdiction. Devolution allows for the government to share its political powers, providing local or regional administrations legislative autonomy.

    The Scotland Act of 1978 created the Scottish Assembly. This Assembly had devolved powers to rule Scotland on matters of law and politics. However, in 1979 the UK elected a Conservative parliament that replaced the previous Labour majority and didn’t support the devolution. Therefore, they decided to reduce the power that the Scottish Assembly held.

    The Scottish constitutional convention

    In 1987 there was a general election that resulted in the creation of the Scottish Constitutional Convention (SCC) Those who weren’t satisfied with the practice and outcome of devolution in Scotland united to propose and develop a better framework for devolution.

    The SCC was made up of various public institutions:

    • Representatives from all political parties in Scotland.

    • Local authorities.

    • Churches that held a position within society.

    • Other voluntary civic-minded organisations.

    However, the political structure in Scotland remained the same until 1997...

    in July of 1997, the government submitted a proposal regarding ‘Scotland’s Parliament’ in the form of a white paper. The Devolution Referendum took place shortly thereafter. The results of the referendum were clear: 74.3% of those who voted were in favour of devolution. This meant that the people of Scotland voted overwhelmingly to establish the Scottish Parliament (Question 1 of the referendum), and to receive devolved powers to rule and legislate on matters relevant to them (Question 2).

    Scottish Parliament Results of Question 1 of the 1997 Scottish Devolution Referendum StudySmarterFig. 2 Results of Question 1 of the 1997 Scottish Devolution Referendum

    Scottish Parliament Results of Question 2 of the 1997 Scottish Devolution Referendum StudySmarterFig. 3 Results of Question 2 of the 1997 Scottish Devolution Referendum

    Scotland’s authorities and the central government of the UK in Westminster then discussed how the devolved powers would work and what the role of Scotland’s Parliament would be. They debated which powers needed to be devolved and which should be reserved for the central government. Once they decided the features of the devolved powers, they became law. This is known as the Scotland Act of November 1998.

    How does the Scottish Parliament differ from the UK’s Parliament?

    The clearest difference between the Scottish Parliament and the central parliament of the UK is that the parliament in Westminster remains supreme. For example, the central parliament decides and dictates which powers the Scottish Parliament holds and to what extent they can use them.

    The UK can also override decisions made by the Scottish Parliament to protect against any abuse of power. The UK’s parliament also maintained certain powers in order to draft legislation that affects Scotland. This means that although the Scottish Parliament has its own legislative powers, Scotland must also abide by legislation created by the central UK parliament in Westminster.

    Because the Scottish Parliament is a much newer institution than the central parliament in Westminster, it means that it has taken a few more modern approaches in the process of creating new legislation and the implementing political policies in Scotland.

    The traditional nature of the central UK parliament in Westminster has been criticised as being old-fashioned and outdated, which may affect its popularity and effectiveness. The Scottish Parliament takes a more modern approach. This makes it more effective as it relates to contemporary issues, such as prioritising environmental issues, inclusivity within society, and other issues that concern the public.

    Scottish Parliament - Key Takeaways

    • The Scottish Parliament is the result of the Scotland Act of 1998.

    • The Scottish Parliament can legislate on devolved matters which the UK central government has given them.

    • The UK still holds resolved powers over Scotland’s legislation.

    • The Scottish Parliament was originally known as the Estates of Scotland. It was established in the early thirteenth century and lasted until 1707.

    • The Scottish Parliament is newer and therefore more modern than the UK’s central government.

    References

    1. Fig. 1 Scottish Parliament debating chamber (https://commons.wikimedia.org/wiki/File:Scottish_Parliament_Debating_Chamber_2.jpg) by Colin (https://commons.wikimedia.org/wiki/User:Colin) licensed by CC-BY-SA-4.0 (https://creativecommons.org/licenses/by-sa/4.0/deed.en) on Wikimedia Commons
    2. Fig. 2 Scottish devolution referendum 1997 Question 1 (https://commons.wikimedia.org/wiki/File:Scottish_devolution_referendum,_1997_Question_1_results.svg) by MrPenguin20 (https://commons.wikimedia.org/wiki/User:MrPenguin21) licensed by CC-BY-SA-3.0 (https://creativecommons.org/licenses/by-sa/3.0/deed.en) on Wikimedia Commons
    3. Fig. 3 Scottish devolution referendum 1997 question 2 (https://commons.wikimedia.org/wiki/File:Scottish_devolution_referendum,_1997_Question_2_results.svg) by MrPenguin2 9https://commons.wikimedia.org/wiki/User:MrPenguin20) Licensed by CC-BY-SA-3.0 (https://creativecommons.org/licenses/by-sa/3.0/deed.en) on Wikimedia Commons
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    Frequently Asked Questions about Scottish Parliament

    What are the functions of the Scottish Parliament?

    They legislate on matters related to their local area

    Has Scotland always had devolved powers?

    No, it has not. Before England became the central leaders of the UK Scotland had its own authoritative powers and laws. Then when England gained control Scotland was ruled purely by the central government in Westminster, they were ruled solely by England for a long time before Scotland gained devolved powers. 

    When did Scotland lose its parliament? 

    In 1707 the Union Act was signed to mean that Scotland lost their independence. 

    What is the difference between the Scottish Parliament and the Scottish Government? 

    The Government is responsible for implementing the law correctly whereas the parliament is responsible for creating policies and law for Scotland. 

    Can the Scottish Parliament be abolished? 

    Yes, the Scottish Parliament could be abolished but a referendum would have to be held on the matter and the decision must be considered in depth before it is made.

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