The Story of the Scottish Parliament: Policy, Politics, Politics, and 'New Politics'

The Scottish Government (Margaret Arnott)

• Conceptual Framework and Introduction

  • Over the past $20$ years, the devolved asymmetric framework and constitutional questions regarding Scotland’s relationship with the UK have influenced the governing structures and approaches in Scotland.

  • Devolution offered administrations more policy capacity, yet the process of asymmetrical devolution was characterized as ad hoc.

  • Ongoing questions persist regarding intergovernmental relations (IGR), the spillover between devolved and reserved powers, and the roles of UK-wide departments in reserved issues.

  • Constitutional, political, and administrative drivers have shaped Scotland's governance since the Union of $1707$, with these themes intensifying since $1999$.

  • The SNP’s electoral performance in UK and Holyrood elections has altered party competition and constitutional debates regarding the UK and EU.

  • The UK EU referendum result in June $2016$ and the Scottish independence referendum in September $2014$ (despite a No victory) have driven calls for reform, including the Calman Commission and the $2016$ Scotland Act.

• Historical Administrative Roots

  • Devolved institutions developed alongside continuities from administrative devolution before $1999$.

  • The Scottish Office, established in the late nineteenth century, expanded its remit until $1945$.

  • Post-$1945$, the welfare state and regional aid expanded its roles, though its policy capacity remained limited.

  • The advent of the Scottish Parliament in $1999$ brought enhanced scrutiny and accountability to the Scottish Executive/Government ($1999-2018$).

• Electoral Politics and Administrations

  • Labour-Liberal Democrat Coalitions ($1999-2007$):

    • Based on the founding principles of a less adversarial, more consensual approach than the "Westminster model."

    • The first two terms saw a "Partnership Agreement" setting policy priorities.

    • Tensions occurred over Cabinet responsibility for policies like free care for the elderly and student tuition fees.

    • Legislative Output: In the first term ($1999-2003$), $50$ Executive bills passed. In the second term ($2003-2007$), $53$ Executive bills passed.

  • SNP Minority Government ($2007-2011$):

    • Focused on being "competent" and stable to demonstrate capacity for autonomy/independence.

    • Renamed the Scottish Executive to the Scottish Government in September $2007$.

    • First Minister Alex Salmond stated: "the Scottish administration is the government… and it should act like a government."

    • Structure changed: Departments were replaced by directorates focused on five strategic priorities: wealthier/fairer, healthier, stronger, smarter, and greener Scotland.

    • Launched the "National Conversation" in August $2007$ followed by a White Paper.

    • Shifted to outcomes-based policymaking via the National Performance Framework (NPF).

• Governance and Policy Capacity

  • The National Performance Framework ($2007$): Comprised of $7$ purpose targets, $15$ National Outcomes, and $45$ National Indicators.

  • Europeanisation: The SNP government positioned policies within EU frameworks, employing references to EU social solidarity and social democratic Nordic models.

  • Nicola Sturgeon's Leadership: Since November $2014$, she has made explicit links between economic growth and social justice, prioritizing closing the attainment gap for pupils from different socio-economic backgrounds.

The Scottish Parliament and 'New Politics' at Twenty (Emily St Denny)

• Foundations of the Institution

  • Legally, the Scotland Act of $1998$ did not create a "new" parliament but reconvened one that had adjourned on $25\,March\,1707$.

  • The September $1997$ referendum saw a $74\%$ vote in favor of legislative devolution.

  • Winnie Ewing, the oldest MSP, opened the first session on $12\,May\,1999$.

• The Principles of 'New Politics'

  • The Scottish Constitutional Convention (SCC) 1995 report, "Scotland’s Parliament, Scotland’s Right," advocated for democratic renewal.

  • The Consultative Steering Group (CSG) set four key principles ($1998$):

    1. Power-sharing between the people, legislature, and executive.

    2. Civic access and democratic participation.

    3. Transparency and accountability.

    4. Equal opportunities.

• Institutional Reality vs. Expectations

  • The Committee System: Envisioned as the "engine room," committees have the power to initiate legislation and counterbalance the executive. However, heavy workloads and membership turnover often restrict them to scrutinizing executive bills.

  • Proportional Representation: Intended to create a "Nordic-style" consensus, it has often resulted in adversarialism similar to Westminster.

  • The "Narcissism of Small Differences": A term used by Mitchell ($2010$) to describe how minor divergences from the UK system are magnified to project Scottish distinctiveness.

  • Capacity-Expectation Gap: Early hopes for radically different politics were hindered by resource constraints and the need to routinize politics.

The Committee System of the Scottish Parliament (Mark Shephard)

• Committee Types

  • Mandatory Committees: Established at the start of each session; includes Standards, Procedures and Public Appointments; Finance; Audit; European and External Relations; Equal Opportunities; Public Petitions; and Delegated Powers and Law Reform.

  • Subject Committees: Reflect devolved policy domains/ministerial portfolios (e.g., Education and Skills, Health and Sport, Justice).

  • Private Bill Committees: Handle specific outcomes like major infrastructure (e.g., trams and railways).

• Legislative Performance Data (Session by Session)

  • Session 1 ($1999-2003$): $50$ Government bills passed; $8$ members’ bills; $3$ committee bills; $1$ private bill.

  • Session 2 ($2003-2007$): $53$ Government bills passed; $3$ members’ bills; $1$ committee bill; $9$ private bills.

  • Session 3 ($2007-2011$): $42$ Government bills passed; $7$ members’ bills; $2$ committee bills; $2$ private bills.

  • Session 4 ($2011-2016$): $66$ Government bills passed; $7$ members’ bills; $1$ committee bill; $5$ private bills.

  • Session 5 (as of $1\,Nov\,2018$): $16$ Government bills; $2$ members’ bills; $2$ private bills.

• Critical Issues and Proposed Reforms

  • Government Dominance: The executive controls the agenda; party whips stifle crossing the party line.

  • High Turnover: The Health and Sport Committee saw $21$ MSPs as members in just over two years ($2016-2018$). Total movements across all committees reached $97$.

  • The Commission on Parliamentary Reform ($2017$): Recommended electing committee conveners (chairs) by the Parliament rather than party allocation to increase transparency and independence.

  • Committee Engagement Unit: Created to foster innovative public engagement and assist committees in reaching "remote" voices.

Scotland and Westminster and Continental Drift (Torcuil Crichton)

• Legal and Constitutional Tensions

  • In July $2018$, the UK Supreme Court heard arguments on the Scottish Parliament’s EU Continuity Bill, which defied Westminster's EU Withdrawal Bill.

  • In December $2018$, the Court ruled that key parts of the Scottish bill breached UK law, asserting Westminster's ultimate say over EU legislation.

  • This was the first time the UK Government sought to strike down Holyrood legislation.

• History of the Relationship

  • The Labour Years ($1997-2007$): Conflicts were minor. A notable spat occurred between John Reid and Donald Dewar over PR access. Disputes like Henry McLeish's clash with the Treasury over elderly care were rare.

  • The SNP Years ($2007-$): Alex Salmond utilized the Joint Ministerial Committee (JMC) to coordinate the relationship.

  • The 2011 Turning Point: The SNP winning a majority led to the Edinburgh Agreement and the independence referendum.

• Recent Developments

  • Brexit "Power Grab": Tensions over EU powers in areas like fishing and plant regulations being reserved at Westminster instead of flowing to devolved parliaments.

  • Third Force in Westminster: SNP Westminster leader Angus Robertson utilized Prime Minister’s Questions (PMQs) and select committee slots to expand the party’s profile.

  • Current State: Meetings between the PM and FM are described as "cheerless affairs."

SNP: Devolution Winners (Craig McAngus)

• Evolution of Strategy

  • Early History: Formation in $1934$. Winnie Ewing's victory in Hamilton ($1967$) was a watershed.

  • Internal Divisions: Split between "fundamentalists" (who saw devolution as a trap) and "gradualists" (who saw it as a stepping stone).

  • The 40% Rule: In the $1979$ referendum, a majority voted for an Assembly, but it failed because it did not represent at least $40\%$ of the total electorate.

• Organisational Reforms ($2004$)

  • A special conference ratified changes: replaced the "convener" role with a formal "leader."

  • Centralized membership lists and fees.

  • Introduced One Member One Vote (OMOV) for selections, shifting power from local branches to the wider membership.

• SNP in Power

  • 2007: Focused on "valence politics" (perceived competence) rather than just independence.

  • 2009 Budget Defeat: The SNP budget was defeated at the final stage, but Salmond threatened a snap election, ultimately securing passage.

  • 2011 Majority: Secured $69$ seats. This led to the negotiation of the Scotland Act $2012$ and the referendum.

Scotland's Brexit Blues (Kirsty Hughes)

• Economic Impact Estimates

  • The Scottish Government ($2018$) estimated growth reduction by $2030$ based on scenarios:

    1. Staying in EU Single Market: $-2.7\%$.

    2. Canada-style free trade deal: $-6.1\%$.

    3. WTO "No Deal": $-8.5\%$.

• Public Opinion

  • Scotland voted $62\%$ Remain to $38\%$ Leave in $2016$.

  • By August $2018$, YouGov polls showed support for Remain had risen to $66\%$.

  • Support for a People’s Vote ($Aug\,2018$): SNP ($75\%$), Labour ($70\%$), Conservative ($26\%$), Lib Dem ($75\%$), Green ($89\%$).

  • Cross-Referendum Opinion: $69\%$ of individuals who voted "Yes" in the $2014$ independence referendum supported Remain in August $2018$. $61\%$ of "No" voters supported Remain.

• Legal Challenges

  • Article 50 Revocation: A cross-party group took a case to the European Court of Justice (ECJ). On $10\,December\,2018$, the ECJ ruled that Article $50$ is unilaterally revocable as long as the decision is "unequivocal and unconditional."

Europe and the Scottish Presence (David Gow)

• Migration and Demographics

  • Scotland’s population grew to a record $5.4\,million$ (up from $5.1\,million$ in $1998$).

  • The number of EU nationals in Scotland rose from $40,000$ in $1999$ to $235,000$ currently.

  • EU staff make up $11\%$ of all staff in Scotland’s $19$ higher education institutions and $24.8\%$ of research-only staff.

• Intellectual and Political Context

  • Historical references to the Scottish Enlightenment: Voltaire once wrote, "We look to Scotland for all our ideas of civilisation."

  • Contemporary Analysis: Gow argues Scottish discourse remains inward-looking despite institutional Europeanisation.

  • "Independence in Europe": Policy adopted in $1988$ during the SNP conference to avoid charges of separatism.

Independence and Union Revisited (Colin Kidd)

• Academic Shifts

  • Scholars have moved away from essentialism (the idea of an unchanging essence of Scottishness).

  • National identities are now viewed as fluid, contingent, and products of external relationships.

  • The use of the $700th$ anniversary of the Battle of Bannockburn for the $2014$ referendum is highlighted as a political attempt to suggest historical continuity.