Lesson Starter• List the five different types of

Bills. Choose one and give examples of legislation passed. • Why have different types of

bills? • What is the ‘whip system’? • You have 10 minutes to

complete this task. • Help each other!

Devolved and Reserved Matters

of the Scottish Parliament

Lesson Starter• Take 3 devolved powers.

Outline what they are. • Give an example of a law

passed for each. • You have 10 minutes to

complete this task. • Help each other!

Lesson Starter

• Look at the 4 founding principles of the Scottish Parliament. Which do you think is most important in our democracy? Explain your answer and support it by giving examples.

• Devolved Matters of the Scottish Parliament

What will I learn?

Devolved and reserved matters

• Only some issues can be dealt with by the Scottish Parliament. These are known as devolved matters because the power to make laws in these areas has been devolved (transferred) from Westminster and the UK parliament.

• Even although there is now a SP, Scotland is NOT an independent country.

• It is not a ‘SOVEREIGN’ nation with control over its own borders and the protection of those borders.

• Scotland remains part of the UK. As evidence of this, when a new SP session opens, the newly elected MSPs swear allegiance to the Queen.

• The SP manages an annual budget of around £20 billion. The SP has the power to vary the basic rate of income tax (currently 22p in the pound) in Scotland by up to 3p in the pound.

• The SP has control over council tax in Scotland and can raise revenue by changing fees for certain public services.

• Lines have been drawn between the powers which the UK Parliament in Westminster has reserved and the powers which have been devolved to Scotland at Holyrood.

Why have a SP? • The Scottish people want to have greater

control over issues that impact on their day-to-day lives.

• The education and justice systems are very different. In turn, these issues should be dealt separately from the rest of the UK, as they are only relevant to the people of Scotland.

• If the Scottish Parliament did not exist, then it would mean that English MPs would get to vote on issues that only affect the Scottish people – eg. education. This would be unfair, as English MPs would get to vote on issues that they probably know little about and in turn may not vote in the best interests of the Scottish people.

• The Scotland Act 2012, which was passed by the UK Parliament and received royal assent in May 2012, gives the Scottish Parliament a range of additional powers. These include powers relating to borrowing and income tax, as well as law-making powers on matters such as speed limits and air guns. It will be a few years, however, before all sections of the Act come fully into effect.

Can I… • List the different areas that have

been devolved to the Scottish Parliament.

• Explain why these matters have been devolved.

• Identify and describe different laws that have been passed under the devolved matters.

Lesson Starter• Outline two devolved powers

detailing legislation that has been passed. • You have 5 minutes to

complete this task. • Help each other!

Reserved Matters

• About the reserved matters of the Westminster Parliament. • The Sewel Convention

What will I learn?

Success Criteria • List and exemplify the reserved

powers. • Explain the Sewel commission

and why it is in place.

The Reserved Matters

• The UK parliament continues to legislate for Scotland on reserved powers.

• Therefore there are certain areas that Scotland cannot legislate on.

Reserved Matters • constitutional matters

• UK foreign policy • UK defence and national security • fiscal, economic and monetary system • immigration and nationality • energy: electricity, coal, gas and nuclear energy • trade and industry, including competition and

customer protection • some aspects of transport, including railways,

transport safety and regulation • employment legislation • social security • gambling and the National Lottery

Foreign Policy • The Scottish Parliament can and does

debated reserved matters, even though it cannot legislate on them.

• Debated the issue of the Iraq war even though it had not direct responsibility for defence or foreign affairs.

Immigration and asylum seekers

• Asylum is one of the issues with local effects that is run entirely from London rather than being a devolved matter.

• Before its closure, campaigners against Dungavel (a Scottish immigration detention centre) called for the Scottish Government to be given the power to close it or at least speak out against it.

• Powers were limited as they could only refer people to the home office because it had no powers in this area.

Immigration and asylum seekers

• There are around 1300 asylum seekers in Glasgow who are in danger of being forced to leave the city because the UK Border Agency is no longer prepared to pay Glasgow City Council to house them.

• Resulted in a stand off between the UK government and Glasgow City Council.

Trident• Trident is the country’s nuclear

submarine system. The UK government voted to keep it whilst the whole Scottish government voted against it.

• However the issue of renewing this is reserved by Westminster and the decision has now been made to keep it.

Trident• Alex Salmond has caused conflict

by suggesting that because the matter is reserved and the Scottish Government cannot prevent Trident, the UK should have to pay transport through Scotland.

The Sewel Convention

• The Sewel Convention applies when the UK Parliament legislates on a matter which is devolved to the Scottish Parliament. It holds that this will happen only if the Scottish Government has given its consent.

• Lord Sewel: “there will be instances where it would be convenient for legislation on devolved matters to be passed by the UK Parliament."

The Sewel Convention

• The UK government believes that the Sewel convention is practical and saves time in making legislation for both the UK and Scottish parliaments

• The Sewel motions have been used in: tobacco advertising, adoption and children, the carriage of guide dogs in private hire vehicles and sea fishing grants, but mainly in the justice area.

Can I … • List and exemplify the reserved

powers. • Explain the Sewel commission

and why it is in place.