History of Scottish devolution
Encyclopedia
The decision of the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...

 to ratify the Treaty of Union
Treaty of Union
The Treaty of Union is the name given to the agreement that led to the creation of the united kingdom of Great Britain, the political union of the Kingdom of England and the Kingdom of Scotland, which took effect on 1 May 1707...

 in 1707 was not unanimous and from that time, individuals and organizations have advocated the return of a Scottish Parliament. Some have argued for devolution - a Scottish Parliament within the United Kingdom - whereas others have advocated complete independence
Scottish independence
Scottish independence is a political ambition of political parties, advocacy groups and individuals for Scotland to secede from the United Kingdom and become an independent sovereign state, separate from England, Wales and Northern Ireland....

. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and though a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted. A second referendum opportunity in 1997, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

 being passed and the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

 being established in 1999. Since then, additional powers have been devolved, and the Calman Commission is considering whether additional powers should be transferred.

1707 to 1999

Having agreed to pass the Union with England Act, the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...

 'adjourned' on 25 March 1707. The new united Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...

  came into being on May 1, 1707, with a single parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...

 which in effect was the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...

 with the addition of Scottish representation. The post of Secretary of State for Scotland
Secretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...

 existed after 1707 until the Jacobite rising
Jacobite rising
The Jacobite Risings were a series of uprisings, rebellions, and wars in Great Britain and Ireland occurring between 1688 and 1746. The uprisings were aimed at returning James VII of Scotland and II of England, and later his descendants of the House of Stuart, to the throne after he was deposed by...

 of 1745. Thereafter, responsibility for Scotland lay primarily with the office of the Secretary of State for the Northern Department
Secretary of State for the Northern Department
The Secretary of State for the Northern Department was a position in the Cabinet of the government of Great Britain up to 1782. Before the Act of Union, 1707, the Secretary of State's responsibilities were in relation to the English government, not the British. Even after the Union, there was...

, usually exercised by the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...

. The Secretaries of State were reorganized in 1782 and the duties now came under the Secretary of State for the Home Department
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...

.

Administrative devolution (1885)

1885 saw the creation of the Scottish Office
Scottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...

 and the post of Secretary for Scotland. From 1892 the Secretary for Scotland sat in cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...

, but the position was not officially recognized as a full member of the cabinet of the United Kingdom
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....

 until the Secretary for Scotland post was upgraded to full Secretary of State rank as Secretary of State for Scotland
Secretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...

 in 1926.

Scottish Covenant Association (1940s and 1950s)

The Scottish Covenant Association
Scottish Covenant Association
The Scottish Covenant Association was a non-partisan political organisation in Scotland in the 1940s and 1950s seeking to establish a devolved Scottish Assembly...

 was a non-partisan political organization that sought the establishment of a devolved Scottish Assembly
Scottish Assembly
The Scottish Assembly was a proposed legislature for Scotland that would have devolved a set list of powers from the Parliament of the United Kingdom...

. It was formed by John MacCormick
John MacCormick
John MacDonald MacCormick was a lawyer and advocate of Home Rule in Scotland.-Early life:...

 who had left the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....

 in 1942 when they decided to support all-out independence
Scottish independence
Scottish independence is a political ambition of political parties, advocacy groups and individuals for Scotland to secede from the United Kingdom and become an independent sovereign state, separate from England, Wales and Northern Ireland....

 for Scotland rather than devolution as had been their position.

The Association was responsible for the creation of the Scottish Covenant
Scottish Covenant
The Scottish Covenant was a petition to the United Kingdom government to create a home rule Scottish parliament. First proposed in 1930, and promoted by the Scots Independent in 1939, the National Covenant movement reached its peak during the late 1940s and early 1950s...

, which gathered two million signatures in support of devolution. Members of the organization were also responsible the removal of the Stone of Destiny
Stone of Scone
The Stone of Scone , also known as the Stone of Destiny and often referred to in England as The Coronation Stone, is an oblong block of red sandstone, used for centuries in the coronation of the monarchs of Scotland and later the monarchs of England, Great Britain and the United Kingdom...

 from Westminster Abbey
Westminster Abbey
The Collegiate Church of St Peter at Westminster, popularly known as Westminster Abbey, is a large, mainly Gothic church, in the City of Westminster, London, United Kingdom, located just to the west of the Palace of Westminster. It is the traditional place of coronation and burial site for English,...

 in 1950 that attracted huge publicity for the cause of Scottish home rule
Home rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....

.

1979 devolution referendum

The Scottish referendum of 1979 was a post-legislative referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

 to decide whether there was sufficient support for the Scotland Act 1978
Scotland Act 1978
The Scotland Act 1978 was an Act of the Parliament of the United Kingdom intended to establish a Scottish Assembly as a devolved legislature for Scotland...

 that was to create a deliberative assembly
Deliberative assembly
A deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...

 for Scotland. The Act required that for the Act not to be repealed at least 40% of the electorate would have to vote Yes in the referendum. The referendum resulted in a narrow Yes majority but fell short of the 40% requirement.

1997 devolution referendum

The Scottish devolution referendum of 1997 was a pre-legislative referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

 over whether there was support for the creation of a Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

 within the United Kingdom and whether there was support for such a parliament to have tax varying powers. In response to the clear majority voting for both proposals, the United Kingdom Parliament passed the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

, creating the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

 and Scottish Executive.

The Scotland Act 1998

The Act was introduced by the Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...

 government in 1998 after the 1997 referendum. It created the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

, setting out how Members of the Scottish Parliament are to be elected, making some provision about the internal operation of the Parliament (although many issues are left for the Parliament itself to regulate) and setting out the process for the Parliament to consider and pass Bills which become Acts of the Scottish Parliament once they receive Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...

. The Act specifically asserts the continued power of the UK Parliament to legislate in respect of Scotland.

The Act devolves all powers except over matter it specifies as reserved matters. It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament which includes the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

 and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with the European Convention on Human Rights or European Community law. The same constraints apply to acts of the Scottish Executive.

Scottish Parliament established, May 1999

The Scottish Parliament met for the first time on the 12th May, 1999 and began with the words "the Scottish Parliament, which adjourned on 25 March 1707, is hereby reconvened".

Opening of new Scottish Parliament building (2004)

Construction of the Scottish Parliament building began in June 1999 and the first debate in the new building was held on Tuesday, September 7, 2004. The formal opening by the Queen
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...

 took place on October 9, 2004. Enric Miralles
Enric Miralles
Enric Miralles Moya was a Spanish Catalan architect. He graduated from the School of Architecture of Barcelona at the Universitat Politècnica de Catalunya in 1978. After establishing his reputation with a number of collaborations with his first wife Carme Pinós, the couple separated in 1991...

, the Catalan
Catalonia
Catalonia is an autonomous community in northeastern Spain, with the official status of a "nationality" of Spain. Catalonia comprises four provinces: Barcelona, Girona, Lleida, and Tarragona. Its capital and largest city is Barcelona. Catalonia covers an area of 32,114 km² and has an...

 architect who designed the building, died before its completion.

From 1999 until the opening of the new building in 2004, committee rooms and the debating chamber of the Scottish Parliament were housed in the General Assembly Hall
General Assembly Hall of the Church of Scotland
The Assembly Hall is located between the Lawnmarket and The Mound in Edinburgh, Scotland. It is the meeting place of the General Assembly of the Church of Scotland.-History:...

 of the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....

 located on The Mound
The Mound
The Mound is an artificial hill in central Edinburgh, Scotland, which connects Edinburgh's New Town and Old Town. It was formed by dumping around 1,501,000 cartloads of earth excavated from the foundations of the New Town into the drained Nor Loch which forms today's Princes Street Gardens. The...

 in Edinburgh. Office and administrative accommodation in support of the Parliament were provided in buildings leased from the City of Edinburgh Council. The new Scottish Parliament Building brought together these different elements into one purpose built parliamentary complex, housing 129 MSPs and more than 1,000 staff and civil servants.

The building aims to conceive a poetic union between the Scottish landscape
Geography of Scotland
The geography of Scotland is highly varied, from rural lowlands to barren uplands, and from large cities to uninhabited islands. Located in north-west Europe, Scotland comprises the northern one third of the island of Great Britain...

, its people
Scottish people
The Scottish people , or Scots, are a nation and ethnic group native to Scotland. Historically they emerged from an amalgamation of the Picts and Gaels, incorporating neighbouring Britons to the south as well as invading Germanic peoples such as the Anglo-Saxons and the Norse.In modern use,...

, its culture and the city of Edinburgh, an approach that won the parliament building numerous awards including the 2005 Stirling Prize
Stirling Prize
The Royal Institute of British Architects Stirling Prize is a British prize for excellence in architecture. It is named after the architect James Stirling, organised and awarded annually by the Royal Institute of British Architects...

, and it has been described as "a tour de force of arts and crafts and quality without parallel in the last 100 years of British architecture".

Powers over Scottish railways transferred (2005)

As a result of provisions in the Railways Bill, powers were transferred from the Department of Transport to the Scottish Executive, a move described by then First Minister, Jack McConnell as "...the most significant devolution of new powers to Scottish ministers since 1999."

Scottish Executive becomes Scottish Government (2007)

A Scottish Executive was created under section 44 of the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

. Following the 2007 Scottish Parliament election
Scottish Parliament election, 2007
The 2007 Scottish Parliament election was held on Thursday 3 May 2007 to elect members to the Scottish Parliament. It was the third general election to the devolved Scottish Parliament since it was created in 1999...

, the Scottish Executive was rebranded as the Scottish Government by the new Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....

 administration. Although the legal name has not been altered, the new terminology has been generally adopted by the opposition political parties and the media.

Calman Commission (2007)

The Calman Commission was established by a motion passed by the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

 on 6 December 2007. Its terms of reference are: "To review the provisions of the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

 in the light of experience and to recommend any changes to the present constitutional arrangements that would enable the Scottish Parliament to better serve the people of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

, that would improve the financial accountability of the Scottish Parliament and that would continue to secure the position of Scotland within the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

." However, concerns have been expressed that its final report will not have "much legitimacy" because it was skewed towards preserving the status quo.

Powers transferred over planning and nature conservation matters at sea (2008)

During 2008, agreement was reached to transfer responsibility for all planning and nature conservation matters at sea up to 200 miles from the Scottish coast to the Scottish Government. The change has implications for the offshore industry
North Sea oil
North Sea oil is a mixture of hydrocarbons, comprising liquid oil and natural gas, produced from oil reservoirs beneath the North Sea.In the oil industry, the term "North Sea" often includes areas such as the Norwegian Sea and the area known as "West of Shetland", "the Atlantic Frontier" or "the...

, wind and wave power and to a lesser extent, fishing, though responsibility for fishing quotas remains an European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 issue and oil and gas licensing and permitting remains a reserved matter.

Referendum Bill 2010

In August 2009 the SNP announced a Referendum Bill would be included in its package of bills to be debated before Parliament in 2009-10, with the intention of holding a referendum on the issues of Scottish independence
Scottish independence
Scottish independence is a political ambition of political parties, advocacy groups and individuals for Scotland to secede from the United Kingdom and become an independent sovereign state, separate from England, Wales and Northern Ireland....

 in November 2010. The bill was not however expected to pass due the SNP's status as a minority administration
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...

, and due to the initial opposition to the Bill from all other major parties in the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

.

See also

  • Scottish Social Attitudes Survey
    Scottish Social Attitudes Survey
    The Scottish Social Attitudes Survey, started in 1999, is an annual survey of public opinion in Scotland, funded by the public purse.Conducted by the Scottish branch of the National Centre for Social Research, in conjunction with the Unit for the Study of Government in Scotland at the University of...

  • Scottish Constitutional Convention
    Scottish Constitutional Convention
    The Scottish Constitutional Convention was an association of Scottish political parties, churches and other civic groups, that developed a framework for a Scottish devolution. It is credited as having paved the way for the establishment of the Scottish Parliament in 1999.The Convention was...

  • Scottish Constitutional Commission
    Scottish Constitutional Commission
    The Scottish Constitutional Commission is an independent and non-partisan think-tank founded in 2005 by John Drummond, Chris Thomson and Canon Kenyon Wright, formerly of the Scottish Constitutional Convention...

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