1. DEVOLUTION Ian Campbell Scottish Executive November 2004

2. DEVOLUTION History Present Scottish Parliament Scottish Executive Civil Service Diverse Policy

3. History Desire for greater autonomy and more accountable decision making Previous attempts for devolution in Scotland failed Scottish Office represented Scotland�s interests within UK

4. History Represented in Parliament by MPs 1997 - White Paper and Referendum 1998 - Passing of Scotland Act to establish the Scottish Parliament

5. Present Scotland has a Parliament Scottish Executive is the devolved Government in Scotland Scotland Office, represents Scotland�s interests in UK Government Financial allocations from HMT as part of UK budget on basis of Barnett formula

6. Devolution Framework UK Parliament remains sovereign i.e. Westminster retains power to legislate across the UK Fixed Term, single chamber Parliament elected by PR

7. Parliamentary Representation Represented at Westminster by 72 MPs Represented at Holyrood by 129 MSPs No reduction in Westminster representation � as yet!

8. Some Devolved Functions Health, education and training Local Government and housing Local economic development Agriculture, forestry and fisheries Transport and the environment Tourism, sport and heritage

9. Some Functions Not Devolved The constitution Foreign affairs, defence and national security Europe Macro-economic, fiscal and monetary policy Transport safety and regulation Law and Order (in NI and Wales) Social Security (in Scotland and Wales) The Civil Service (in Scotland and Wales)

10. Statutory Framework Unlike at Westminster, legislation of the devolved Parliament and Assemblies can be challenged in the courts for being ultra vires e.g. Legislating in a reserved area Making law that is not ECHR compliant [Protection of Wild Mammals (Scotland) Act 2002] Judicial Committee of the Privy Council (JCPC) is highest Court of Appeal on devolution matters

14. Scotland - Parliament Greater Parliamentary Scrutiny Greater consultation Committees normally meet Monday, Tuesday and Wednesday Full Parliament meets on Wednesday afternoons and all day Thursday Committees and plenary can not meet at same time

15. Scottish Executive Scotland�s Devolved Government Labour/Lib Dem Coalition �majority of 6 Partnership Agreement Cabinet Government Political Groups

16. Scotland � Civil Service Finance and Central Services Environment and Rural Affairs Development Health Justice Education Justice Enterprise, Transport and Lifelong Learning Legal and Parliamentary Permanent Secretary

17. Finance Barnett Formula Determines resources allocated to Scotland, Wales & NI based on resources allocated to England Administrations are free to allocate resources based on their priorities

18. Formal Liaison Mechanisms Memorandum of Understanding Concordats (four principal) Joint Ministerial Committee Plenary normally meets annually Functional ( Europe, Knowledge Economy, Poverty and Health) Territorial Departments

19. Policy Divergence Free Personal Care Tuition Fees Smoking in public places PR in local government Outward Focus

20. More information www.scotland.gov.uk www.scottish.parliament.uk E Mail: Ian.Campbell@scotland.gsi.gov.uk