Discuss The Impact Of The Proposed Devolution

For Scotland Essay, Research Paper

Discuss the Impact of the Proposed Devolution for Scotland

“Britain has never relished doses of constitutional reform, although they have accepted the drip-feed of frequent, unpalatable

and ill-fated local government changes. Ambivalence to reform was reinforced in recent decades. The 1974 Labour government

proposed an ambitious program of devolution for Scotland and Wales. It was a luckless policy, not least because of Labour.s

divisions. Now it is all different. The case for Scottish devolution is being argued with renewed vigour. Its consideration is

linked with proportional representation for a Scottish assembly.”

(Rt. Hon. Lord Biffen)

With Britain being so against constitutional reform in the past, the impact of such reform could be perpetuated by such reform coming at

the same time as many other policies on reform, such as devolution in Wales and Northern Ireland. These reforms have all come at the

same time and in a short span of time since Labour only became government in May 1997.

Devolution as described by Bogdanor is the delegation of power to local or regional administration, so power is dispersed from a

superior to an inferior political authority, or to be more precise it consists of a sub-ordinate elected body on a geographical basis of

functions at present exercised by Parliament.

Scotland is to have its own parliament, while still remaining part of the United Kingdom. A referendum held in September 1997

endorsed the Scottish parliament by a substantial majority; 78% voted for a separate assembly, although the turnout was only 62% of the

electorate. Now that the legislation has passed through Parliament, it will be introduced as soon as possible. Elections for 129 Members

will be held in early 1999. It is expected that the parliament, which will be situated in Edinburgh, will become fully operational in the

year 2000.

The responsibilities which will be transferred to the Scottish parliament will include: – health, education and training, local government,

housing, sports and the arts, economic development, law and home affairs and the environment. Among the areas of responsibility, which

will remain at Westminster, are – overseas affairs, defence, national security, economic and monetary policy, employment legislation and

social security.

Of the 62% of the electorate who turned out to the referendum, 68% agreed that the Scottish parliament should have some tax raising

powers, there is however a limit on the amount this tax can be raised which will be up to 3p in the pound.

Lord Biffen caries on to say: –

“. Clearly Scotland makes the strongest case for constitutional change. A tax-raising assembly is probably a necessary

development before the fundamental choice that has to be taken between independence or otherwise integration into the union.

the financial relationships between a Scottish Assembly and a suspicious England will win no votes. Possibly it might lead to

enduring resentment.”

This can show how the impact will be perpetuated just by giving tax raising powers to Scotland, however small, so the impact of

devolution is likely to be much greater than the “enduring resentment” caused by financial relationships between the two countries

through tax raising powers.

Scottish affairs are executed by the British Cabinet and are headed by the secretary of state for Scotland. Five main departments of equal

status: the Department of Agriculture and fisheries of Scotland, the Scottish Development Department, the Scottish Education Department,

the Scottish Home and Health Department, and the Industry Department for Scotland perform the statutory functions of the secretary of

state. As all of these departments, among others will have their responsibilities transferred to the devolved Scottish Parliament, the impact

of Scotland making these decisions will not be to great to either Scotland or Westminster as they have not all been performed solely by

the British Cabinet

Government will be closer to the people and would be more efficient both nationally and locally as power would be dispersed more

evenly leaving Westminster more time to discuss English legislation, such as a mayor for London etc. and the Scottish Parliament would

be able to spend time carefully debating purely Scottish legislature.

“Another layer of government may also produce greater confusion as to the responsibilities of the different layers. Who

should citizens complain to. Who should be held responsible.”

(Norton 1994)

The concept of localised law is likely to appeal to everyone, but there may be a problem for Parliament as Britain is likely to need a

written constitution to lay down exactly which responsibilities lie with Westminster and which have been transferred to Scotland and to

what extent. At present Britain has an unwritten constitution. The written constitution could include a Bill of Rights, which would lay

down the rights and freedoms of citizens of Britain. The impact of a Bill of Rights is that

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