Wikipedia

Scottish Parliament

This article is about the devolved legislature. For the national legislature before 1707, see Parliament of Scotland.

The Scottish Parliament (Scottish Gaelic: Pàrlamaid na h-Alba [ˈpʰaːrˠl̪ˠəmɪtʲ nə ˈhal̪ˠapə]; Scots: Scots Pairlament)[1][2][3] is the unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood.[4] The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms[5] under the regionalised form of additional member system (MMP): 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total.[6] The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality.

Scottish Parliament

  • Pàrlamaid na h-Alba
  • Scots Pairlament
6th Scottish Parliament
Emblem of the Scottish Parliament
Type
Type
History
Founded12 May 1999
Preceded by
New session started
13 May 2021
Leadership
Charles III
since 8 September 2022
Alison Johnstone
since 13 May 2021
John Swinney, SNP
since 8 May 2024
Kate Forbes, SNP
since 8 May 2024
Jamie Hepburn, SNP
since 8 May 2024
Russell Findlay, Conservative
since 27 September 2024
Structure
Seats129
Political groups
Government (62)
  Scottish National Party (62)

Opposition (66)

  Conservatives (31)
  Labour (22)[a]
  Greens (7)
  Liberal Democrats (4)
  Alba Party (1)
  Independents (1)[b]

Other (1)

  Presiding Officer (1)
Committees
  • Audit
  • Equal Opportunities
  • Europe and External Relations
  • Finance
  • Procedures
  • Public Petitions
  • Standards and Public Appointments
  • Subordinate Legislation
  • Economy, Energy and Tourism
  • Education, Lifelong Learning and Culture
  • Health and Sport
  • Justice
  • Local Government and Communities
  • Rural Affairs and Environment
  • Scottish Parliamentary Pensions Scheme
  • Transport, Infrastructure,
  • Committee on The Scottish Government's Handling of Harassment Complaints against Former Ministers
  • Climate Change
Elections
Additional-member system
Last election
6 May 2021
Next election
On or before 7 May 2026
Meeting place
Debating Chamber of the Scottish Parliament
Scottish Parliament Building
Edinburgh, Scotland
Website
www.parliament.scot Edit this at Wikidata

The original Parliament of Scotland was the national legislature of the independent Kingdom of Scotland and existed from the early 13th century until the Kingdom of Scotland merged with the Kingdom of England under the Acts of Union 1707 to form the Kingdom of Great Britain.[7] As a consequence, the Parliament of Scotland ceased to exist, while the Parliament of England, which sat at Westminster, was subsumed into the Parliament of Great Britain.[7] In practice, all of the traditions, procedures, and standing orders of the English parliament were retained, with the addition of Scottish members in both the Commons and Lords.

Following a referendum in 1997, in which the Scottish electorate voted for devolution, the powers of the devolved legislature were specified by the Scotland Act 1998. The Act delineates the legislative competence of the Parliament – the areas in which it can make laws – by explicitly specifying powers that are "reserved" to the Parliament of the United Kingdom. The Scottish Parliament has the power to legislate in all areas that are not explicitly reserved to Westminster.[8] The UK Parliament retains the ability to amend the terms of reference of the Scottish Parliament, and can extend or reduce the areas in which it can make laws.[9] The first meeting of the reconvened Parliament took place on 12 May 1999.[10]

The legislative competence of the Scottish Parliament has been amended numerous times since then. The Scotland Act 2012 and Scotland Act 2016 expanded the Parliament's powers, especially over taxation and welfare. The purpose of the United Kingdom Internal Market Act 2020, the most recent amendment, is to constrain the powers of the devolved institutions[11] and restrict the exercise of devolved competences.[19] Its effect is to undermine the freedom of action, regulatory competence and authority of the Parliament, limiting its ability to make different economic or social choices to those made by Westminster.[20]

History

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Main article: History of Scottish devolution

Original Parliament of Scotland

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Before the Treaty of Union 1707 united the Kingdom of Scotland and the Kingdom of England into a new state called "Great Britain", Scotland had an independent parliament known as the Parliament of Scotland. Initial Scottish proposals in the negotiation over the Union suggested a devolved Parliament be retained in Scotland, but this was not accepted by the English negotiators.[21]

Treaty of Union

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For the next 290 years, Scotland was governed by the Parliament of Great Britain and the subsequent Parliament of the United Kingdom, both seated at Westminster, and the lack of a Parliament of Scotland remained an important element in Scottish national identity.[22] Suggestions for a 'devolved' Parliament were made before 1914, but were shelved due to the outbreak of the First World War.[22] A sharp rise in nationalism in Scotland during the late 1960s fuelled demands for some form of home rule or complete independence, and in 1969 prompted the incumbent Labour government of Harold Wilson to set up the Kilbrandon Commission to consider the British constitution.[22] One of the principal objectives of the commission was to examine ways of enabling more self-government for Scotland, within the unitary state of the United Kingdom.[22] Kilbrandon published his report in 1973 recommending the establishment of a directly elected Scottish Assembly to legislate for the majority of domestic Scottish affairs.[23]

1979 devolution referendum

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During this time, the discovery of oil in the North Sea and the following "It's Scotland's oil" campaign of the Scottish National Party (SNP) resulted in rising support for Scottish independence, as well as the SNP. The party argued that the revenues from the oil were not benefitting Scotland as much as they should.[22] The combined effect of these events led to Prime Minister Wilson committing his government to some form of devolved legislature in 1974.[22] Under the terms of the Scotland Act 1978, an elected assembly would be set up in Edinburgh if the public approved it in a referendum be held on 1 March 1979.[24] A narrow majority of 51.6% to 48.4% voted in favour of a Scottish Assembly, but the Act also required that at least 40% of the total electorate vote in favour of the proposal. As the turnout was only 63.6%, the vote in favour represented only 32.9% of the eligible voting population, and the Assembly was not established.[24]

Throughout the 1980s and 1990s, demand for a Scottish Parliament grew, in part because the government of the United Kingdom was controlled by the Conservative Party, while Scotland itself elected relatively few Conservative MPs.[22] In the aftermath of the 1979 referendum defeat, the Campaign for a Scottish Assembly was initiated as a pressure group, leading to the 1989 Scottish Constitutional Convention with various organisations such as Scottish churches, political parties and representatives of industry taking part. Publishing its blueprint for devolution in 1995, the Convention provided much of the basis for the structure of the Parliament.[25]

1997 devolution referendum

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Devolution continued to form part of the platform of the Labour Party which won power under Tony Blair in May 1997.[22] In September 1997, the Scottish devolution referendum was put to the Scottish electorate and secured a majority in favour of the reestablishment of the Scottish Parliament, with tax-varying powers, in Edinburgh.[26]

Opening of the new Scottish Parliament

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Main article: Scottish Parliament Building
 
The public entrance of the Scottish Parliament building, opened in October 2004.

An election was held on 6 May 1999, and on 1 July of that year power was transferred from Westminster to the new reconvened Parliament.[27] While the permanent building at Holyrood was being constructed, a temporary home for the Parliament was found in Edinburgh.[28] The General Assembly Hall of the Church of Scotland on the Royal Mile was chosen to host the Parliament.[29] Official photographs and television interviews were held in the courtyard adjoining the Assembly Hall, which is part of the School of Divinity of the University of Edinburgh. This building was vacated twice to allow for the meeting of the Church's General Assembly. In May 2000, the Parliament was temporarily relocated to the former Strathclyde Regional Council debating chamber at Strathclyde House in Glasgow,[30] and to the University of Aberdeen in May 2002.[31]

Since September 2004, the official home of the Scottish Parliament has been a new Scottish Parliament Building, in the Holyrood area of Edinburgh. The Scottish Parliament building was designed by Spanish architect Enric Miralles in partnership with local Edinburgh Architecture firm RMJM which was led by Design Principal Tony Kettle. Some of the principal features of the complex include leaf-shaped buildings, a grass-roofed branch merging into adjacent parkland and gabion walls formed from the stones of previous buildings. Throughout the building there are many repeated motifs, such as shapes based on Raeburn's Skating Minister.[32] Crow-stepped gables and the upturned boat skylights of the Garden Lobby, complete the unique[33] architecture. Queen Elizabeth II opened the new building on 9 October 2004.[34]

In 2024, the Scottish Parliament celebrated its 25th anniversary.[35][36]

Officials

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Main article: Presiding Officer of the Scottish Parliament
 
Queen Elizabeth II at the opening of the Scottish Parliament on 1 July 1999 alongside then First Minister of Scotland Donald Dewar and then Presiding Officer Lord Steel of Aikwood

After each election to the Scottish Parliament, at the beginning of each parliamentary session, Parliament elects one MSP to serve as Presiding Officer, the equivalent of the speaker in other legislatures, and two MSPs to serve as deputies. The Presiding Officer (currently Alison Johnstone) and deputies (currently Annabelle Ewing and Liam McArthur) are elected by a secret ballot of the 129 MSPs, which is the only secret ballot conducted in the Scottish Parliament. Principally, the role of the Presiding Officer is to chair chamber proceedings and the Scottish Parliamentary Corporate Body.[37] When chairing meetings of the Parliament, the Presiding Officer and his/her deputies must be politically impartial.[38] During debates, the Presiding Officer (or the deputy) is assisted by the parliamentary clerks, who give advice on how to interpret the standing orders that govern the proceedings of meetings. A vote clerk sits in front of the Presiding Officer and operates the electronic voting equipment and chamber clocks.[39]

As a member of the Scottish Parliamentary Corporate Body, the Presiding Officer is responsible for ensuring that the Parliament functions effectively and has the staff, property and resources it requires to operate.[40] Convening the Parliamentary Bureau, which allocates time and sets the work agenda in the chamber, is another of the roles of the Presiding Officer. Under the Standing Orders of the Parliament the Bureau consists of the Presiding Officer and one representative from each political party with five or more seats in the Parliament. Amongst the duties of the Bureau are to agree the timetable of business in the chamber, establish the number, remit and membership of parliamentary committees and regulate the passage of legislation (bills) through the Parliament. The Presiding Officer also represents the Scottish Parliament at home and abroad in an official capacity.[38]

The Presiding Officer controls debates by calling on members to speak. The Presiding Officer rules on points of order raised by members, which are not subject to debate or appeal. The Presiding Officer may also discipline members who fail to observe the rules of the Parliament.[38]

Parliamentary chamber

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Seating in the debating chamber is arranged in a semicircle, with ministers sitting in the front section of the semicircle, directly opposite the presiding officer and parliamentary clerks.

The debating chamber of the Scottish Parliament has seating arranged in a hemicycle, a design which is common across European legislatures, intended to encourage consensus and compromise.[41][42] There are 131 seats in the debating chamber. Of the total 131 seats, 129 are occupied by the Parliament's elected MSPs and two are seats for the Scottish Law Officers—the Lord Advocate and the Solicitor General for Scotland, who are not elected members of the Parliament but are members of the Scottish Government. As such, the Law Officers may attend and speak in the plenary meetings of the Parliament but, as they are not elected MSPs, cannot vote.[43]

Members are able to sit anywhere in the debating chamber, but typically sit in their party groupings.[39] The First Minister, Scottish cabinet ministers and law officers sit in the front row, in the middle section of the chamber. The largest party in the Parliament sits in the middle of the semicircle, with opposing parties on either side.[39] The Presiding Officer, parliamentary clerks and officials sit opposite members at the front of the debating chamber.[44]

In front of the Presiding Officers' desk is the parliamentary mace,[45] which is made from silver and inlaid with gold panned from Scottish rivers and inscribed with the words: Wisdom, Compassion, Justice and Integrity.[46] The words There shall be a Scottish Parliament, which are the first words of the Scotland Act, are inscribed around the head of the mace,[45][46][47] which has a ceremonial role in the meetings of Parliament,[48] representing the authority of the Parliament to make laws.[46] Presented to the Scottish Parliament by the Queen upon Parliament's official opening in July 1999, the mace is displayed in a glass case, suspended from the lid. At the beginning of each sitting in the chamber, the lid of the case is rotated so that the mace is above the glass, to symbolise that a full meeting of the Parliament is taking place.[39]

Proceedings

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The Crown of Scotland is carried by the Duke of Hamilton as Queen Elizabeth II leaves the Chamber, following the Opening of the fourth Session in July 2011.

Parliament typically sits Tuesdays, Wednesdays and Thursdays from early January to late June and from early September to mid December, with two-week recesses in April and October.[49] Plenary meetings in the debating chamber usually take place on Wednesday afternoons from 2 pm to 6 pm and on Thursdays from 9:15 am to 6 pm.[49] Chamber debates and committee meetings are open to the public. Entry is free, but booking in advance is recommended due to limited space. Parliament TV is a webcast and archive of Parliamentary business back to 2012.[50] and on the BBC's parliamentary channel BBC Parliament. Proceedings are also recorded in text form, in print and online, in the Official Report, which is the substantially verbatim transcript of parliamentary debates.[51]

Since September 2012, the first item of business on Tuesday afternoons is usually Time for Reflection[52] at which a speaker addresses members for up to four minutes, sharing a perspective on issues of faith. This contrasts with the formal style of "Prayers", which is the first item of business in meetings of the House of Commons. Speakers are drawn from across Scotland and are chosen to represent the balance of religious beliefs according to the Scottish census.[52] Invitations to address Parliament in this manner are determined by the Presiding Officer on the advice of the parliamentary bureau. Faith groups can make direct representations to the Presiding Officer to nominate speakers. Before September 2012, Time for reflection was held on Wednesday afternoons.[52]

The Presiding Officer (or Deputy Presiding Officer) decides who speaks in chamber debates and the amount of time for which they are allowed to speak.[38] Normally, the Presiding Officer tries to achieve a balance between different viewpoints and political parties when selecting members to speak.[39] Typically, ministers or party leaders open debates, with opening speakers given between 5 and 20 minutes, and succeeding speakers allocated less time.[39] The Presiding Officer can reduce speaking time if a large number of members wish to participate in the debate. Debate is more informal than in some parliamentary systems.[53] Members may call each other directly by name, rather than by constituency or cabinet position, and hand clapping is allowed.[54] Speeches to the chamber are normally delivered in English, but members may use Scots, Gaelic, or any other language with the agreement of the Presiding Officer.[55] The Scottish Parliament has conducted debates in the Gaelic language.[56]

 
First Minister Humza Yousaf speaks before the parliamentary chamber

Each sitting day, normally at 5 pm, MSPs decide on all the motions and amendments that have been moved that day. This "Decision Time" is heralded by the sounding of the division bell, which is heard throughout the Parliamentary campus and alerts MSPs who are not in the chamber to return and vote.[39] At Decision Time, the Presiding Officer puts questions on the motions and amendments by reading out the name of the motion or amendment as well as the proposer and asking "Are we all agreed?", to which the chamber first votes orally. If there is audible dissent, the Presiding Officer announces "There will be a division" and members vote by means of electronic consoles on their desks. Each MSP has a unique access card with a microchip which, when inserted into the console, identifies them and allows them to vote.[39] As a result, the outcome of each division is known in seconds.[57]

The outcome of most votes can be predicted since political parties normally instruct members which way to vote. Parties entrust some MSPs, known as whips, with the task of ensuring that party members vote according to the party line.[58] MSPs do not tend to vote against such instructions, since those who do are unlikely to reach higher political ranks in their parties.[59] Errant members can be deselected as official party candidates during future elections, and, in serious cases, may be expelled from their parties outright.[60] Thus, as with many Parliaments, the independence of Members of the Scottish Parliament tends to be low, and backbench rebellions by members who are discontent with their party's policies are rare.[60] In some circumstances, however, parties announce "free votes", which allows Members to vote as they please. This is typically done on moral issues.[61]

Immediately after Decision Time a "Members Debate" is held, which lasts for 45 minutes.[39] Members Business is a debate on a motion proposed by an MSP who is not a Scottish minister. Such motions are on issues which may be of interest to a particular area such as a member's own constituency, an upcoming or past event or any other item which would otherwise not be accorded official parliamentary time. As well as the proposer, other members normally contribute to the debate. The relevant minister, whose department the debate and motion relate to "winds up" the debate by speaking after all other participants.[citation needed]

Committees

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Main article: Committees of the Scottish Parliament
 
A Committee Room in the Scottish Parliament Building
 
Shona Robison, Cabinet Secretary for Social Justice, Housing and Local Government before the Civil Justice Committee

Much of the work of the Scottish Parliament is done in committee. The role of committees is stronger in the Scottish Parliament than in other parliamentary systems, partly as a means of strengthening the role of backbenchers in their scrutiny of the government[62] and partly to compensate for the fact that there is no revising chamber. The principal role of committees in the Scottish Parliament is to take evidence from witnesses, conduct inquiries and scrutinise legislation.[63] Committee meetings take place on Tuesday, Wednesday and Thursday morning when Parliament is sitting. Committees can also meet at other locations throughout Scotland.[64]

Committees comprise a small number of MSPs, who look at specific subjects such as health, the economy or justice. They play a central role in the work of the Scottish parliament because, unlike the UK Parliament, the Scottish parliament is a single-chamber parliament. The committees can thus, consider and amend proposals for new laws, they can also propose new laws themselves. The committees can investigate any area that is within their remit and publish recommendations, and can also report on petitions that have been submitted by members of the public or groups.[63][65] The current Mandatory Committees in the fourth Session of the Scottish Parliament are: Public Audit; Equal Opportunities; European and External Relations; Finance; Public Petitions; Standards, Procedures and Public Appointments; and Delegated Powers and Law Reform.[63]

Subject Committees are established at the beginning of each parliamentary session, and again the members on each committee reflect the balance of parties across Parliament. Typically each committee corresponds with one (or more) of the departments (or ministries) of the Scottish Government. The current Subject Committees in the fourth Session are: Economy, Energy and Tourism; Education and Culture; Health and Sport; Justice; Local Government and Regeneration; Rural Affairs, Climate Change and Environment; Welfare Reform; and Infrastructure and Capital Investment.[63]

A further type of committee is normally set up to scrutinise private bills submitted to the Scottish Parliament by an outside party or promoter who is not a member of the Scottish Parliament or Scottish Government. Private bills normally relate to large-scale development projects such as infrastructure projects that require the use of land or property.[66] Private Bill Committees have been set up to consider legislation on issues such as the development of the Edinburgh Tram Network, the Glasgow Airport Rail Link, the Airdrie–Bathgate rail link and extensions to the National Gallery of Scotland.[66]

Legislative functions and powers

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Main article: Act of the Scottish Parliament
 
After a bill has passed through all legislative stages, it becomes an Act of the Scottish Parliament.

The Scotland Act 1998, which was passed by the Parliament of the United Kingdom and given royal assent by Queen Elizabeth II on 19 November 1998,[67] governs the functions and role of the Scottish Parliament and delimits its legislative competence.[68] Since the establishment of the Parliament, there have been a number of changes to its legislative competence.

The Parliament is able to debate any issue (including those reserved to Westminster) but is unable to make laws on issues that are outside its legislative competence.[8] As the Scottish Parliament is able to make laws on the areas constitutionally devolved to it, the legislative process begins with bills (draft laws) which are presented to Parliament.[69] Bills can be introduced to Parliament in a number of ways; the Scottish Government can introduce new laws or amendments to existing laws as a bill; a committee of the Parliament can present a bill in one of the areas under its remit; a member of the Scottish Parliament can introduce a bill as a private member; or a private bill can be submitted to Parliament by an outside proposer.[69] Most draft laws are government bills introduced by ministers in the governing party (or parties). Bills pass through Parliament in a number of stages before receiving royal assent, whereupon they become Acts of the Scottish Parliament.[70]

The Scotland Act 2012 and the Scotland Act 2016 extended the devolved competencies, including areas such as taxation powers, welfare and elections to the Scottish parliament. The United Kingdom Internal Market Act 2020 is intended to restrict the operation of devolved powers.[71] The latter legislation, passed under the regime of Boris Johnson, gives UK ministers extended powers to enforce mutual recognition of regulations across the UK, and the exemptions permitted for the devolved administrations are significantly less extensive than previous exemptions under the EU Single Market rules.[72] It both legally and practically restrains the legislative competence of the Parliament[13] and undermines devolution.[78] The business secretary tacitly acknowledged this fact in the impact assessment that the BEIS department was obliged to publish alongside the bill, which states: "The final cost of this legislation is the potentially reduced ability for different parts of the UK to achieve local policy benefits. While this legislation does not constrain the ability of different parts of the UK to introduce distinct policies, to the extent that those policies may be enforceable on a reduced number of businesses might make it harder to realise fully the benefits of those policies."[79] Although the UK Government stated on publication that the proposed bill sought to "protect the integrity of the UK's single market",[80] the legislation has been heavily criticised for its dealings with the devolved nations. First Minister Nicola Sturgeon called the bill a "full frontal assault on devolution".[81] The legislation undermines the freedom of action,[82] regulatory competence and authority of the Parliament, limiting its ability to make different economic or social choices from those made in Westminster, and to focus and plan investment in infrastructure in Scotland.[20]

Under the terms of the Scotland Acts, the Parliament of the United Kingdom agreed to devolve some of its responsibilities over Scottish domestic policy to the Scottish Parliament.[85] The Scotland Act 1998 enabled the Scottish Parliament to pass primary legislation on these issues, and to hold the Scottish Government to account.[86] Although the Westminster Parliament retains the authority to legislate on devolved matters, under the Sewell convention it is understood that it will not do so without the consent of the Scottish Parliament.[87]

Powers of the Scottish Parliament

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All matters that are not specifically stated in Schedule 5 to the Scotland Act as reserved matters are automatically devolved to the Scottish Parliament.[88] The Scottish Parliament has powers over areas such as:

Reserved powers

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Reserved matters are subjects that are outside the legislative competence of the Scottish Parliament and are reserved to the United Kingdom Parliament.[89] These include:

Scrutiny of government

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See also: Scottish Government
 
First Minister Nicola Sturgeon in the Scottish Parliament during First Minister's Questions

The party, or parties, that hold the majority of seats in the Parliament forms the Scottish Government. In contrast to many other parliamentary systems, Parliament elects a First Minister from a number of candidates at the beginning of each parliamentary term (after a general election).[90] Any member can put their name forward to be First Minister, and a vote is taken by all members of Parliament. Normally, the leader of the largest party is returned as First Minister, and head of the Scottish Government.[90] Theoretically, Parliament also elects the Scottish Ministers who form the government of Scotland and sit in the Scottish cabinet, but such ministers are, in practice, appointed to their roles by the First Minister.[91] Junior ministers, who do not attend cabinet, are also appointed to assist Scottish ministers in their departments. Most ministers and their juniors are drawn from amongst the elected MSPs, with the exception of Scotland's Chief Law Officers: the Lord Advocate and the Solicitor General.[49] Whilst the First Minister chooses the ministers – and may decide to remove them at any time – the formal appointment or dismissal is made by the Sovereign.[91]

Several procedures enable the Scottish Parliament to scrutinise the Government.[86] The First Minister or members of the cabinet can deliver statements to Parliament upon which MSPs are invited to question. For example, at the beginning of each parliamentary year, the First Minister delivers a statement to the chamber setting out the Government's legislative programme for the forthcoming year.[92] After the statement has been delivered, the leaders of the opposition parties and other MSPs question the First Minister on issues related to the substance of the statement.[93]

Parliamentary time is also set aside for question periods in the debating chamber. A "General Question Time" takes place on a Thursday between 11:40 a.m. and noon where members can direct questions to any member of the Scottish Government.[49] At 2:30 pm, a 40-minute-long themed "Question Time" takes place, where members can ask questions of ministers in departments that are selected for questioning that sitting day, such as health and justice or education and transport.[49] Between noon and 12:30 p.m. on Thursdays, when Parliament is sitting, First Minister's Question Time takes place.[49] This gives members an opportunity to question the First Minister directly on issues under their jurisdiction.[citation needed]

Members who wish to ask general or themed questions, or questions of the First Minister, must lodge them with parliamentary clerks beforehand and selections are made by the Presiding Officer. Written questions may also be submitted by members to ministers. Written questions and answers are published in the Official Report.[49]

The first session of Leaders’ Virtual Question Time, or virtual First Minister's Questions, was held on 9 April 2020 during the COVID-19 pandemic.[94]

Members, constituencies and voting systems

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Main article: Electoral system in Scotland
 
The Scottish elections are divided into two tiers.

Elections for the Scottish Parliament were amongst the first in Britain to use a Mixed-member proportional representation (MMP) system.[95] The system is a regionalized form of MMP, known as the additional member system (AMS) of proportional representation in Britain. Under the system, voters are given two votes: one for a specific candidate and one for a political party.[96] The one vote is used to elect the local member; the other is grouped with votes from other districts in the region to compose party-proportional representation within the region. (There are no overall levelling seats.)

Of the 129 MSPs, 73 are elected to represent first past the post constituencies and are known as "Constituency MSPs".[6] Voters choose one member to represent the constituency, and the member with most votes is returned as a constituency MSP. The 73 Scottish Parliament constituencies shared the same boundaries as the UK Parliament constituencies in Scotland, prior to the 2005 reduction in the number of Scottish MPs, with the exception of Orkney and Shetland which each return their own constituency MSP. Currently, the average Scottish Parliament constituency comprises 55,000 electors.[97] Given the geographical distribution of population in Scotland, this results in constituencies of a smaller area in the Central Lowlands, where the bulk of Scotland's population live, and much larger constituency areas in the north and west of the country, which have a low population density. The island archipelagos of Orkney, Shetland and the Western Isles comprise a much smaller number of electors, due to their dispersed population.[97] If a constituency MSP resigns from Parliament, this triggers a by-election in his or her constituency, where a replacement MSP is returned by the plurality system.[95]

The remaining 56 MSPs, called "List MSPs", are elected by an additional members system, which seeks to make the overall results more proportional, countering any distortions in the constituency results. Seven list MSPs are elected from each of eight electoral regions, of which constituencies are sub-divisions:[98]

 
The 2003 election's 129 Members of the Scottish Parliament; 73 represented individual constituencies and 56 represented eight additional member regions

Each political party draws up a list of candidates standing in each electoral region, from which the list MSPs are elected. Independents can also stand in regions, in which case they are treated as a one-person "list". Candidates can stand for both a constituency and a list; should they be elected for a constituency, this takes precedence and they are skipped over when apportioning seats from their party list.[99] If a list MSP later leaves the Parliament, the next person on the resigning MSPs' party's list takes the seat.[100] Should a list MSP leave their party, however, they retain their seat and are not replaced. If an independent list MSP leaves the Parliament, they are not replaced and the seat is left vacant until the next general election.[101]

The total number of seats in the Parliament is allocated to parties proportionally to the number of votes received in the second vote of the ballot using the d'Hondt method. For example, to determine who is awarded the first list seat, the number of list votes cast for each party is divided by one plus the number of seats the party won in the region (at this point just constituency seats). The party with the highest quotient is awarded the seat, which is then added to its constituency seats in allocating the second seat. This is repeated iteratively until all available list seats are allocated.[99] As the allocation of seats to parties mirrors the popular vote, it is commonplace for the most successful party in the election not to win an outright majority of the seats, thereby requiring them to seek some form and level of cross-party support for their initiatives in government. Nonetheless, the 2011 election saw the SNP become the first–and to date, only–party to win a majority government.[102]

As in the House of Commons, a number of qualifications apply to being an MSP. Such qualifications were introduced under the House of Commons Disqualification Act 1975 and the British Nationality Act 1981. Specifically, members must be over the age of 18[103] and must be a citizen of the United Kingdom, the Republic of Ireland, one of the countries in the Commonwealth of Nations, a citizen of a British overseas territory, or a European Union citizen resident in the UK.[104] Members of the police and the armed forces are disqualified from sitting in the Scottish Parliament as elected MSPs, and similarly, civil servants and members of foreign legislatures are disqualified.[104] An individual may not sit in the Scottish Parliament if he or she is judged to be insane under the terms of the Mental Health (Care and Treatment) (Scotland) Act 2003.[104] There is no legal prohibition on holding a dual mandate, sitting in both the Scottish Parliament and the House of Commons. However, while several members of the original Scottish Parliament held seats at Westminster, it is now rare; since 2011, only one MSP has served concurrently as an MP for a significant period of time.[105][106]

Elections

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Main article: List of by-elections to the Scottish Parliament
Percentage2021 Scottish Parliament election2016 Scottish Parliament election2011 Scottish Parliament election2007 Scottish Parliament election2003 Scottish Parliament election1999 Scottish Parliament election
Percentage of seats won in each election by political group, 1999 to 2021. Left to right:
  Labour
  Lib Dem
  Independent
  SSCUP
  Conservative
  Socialist
  Greens
  SNP
Composition of the Scottish Parliament. See or edit source data.

Elections for the Scottish Parliament are for all 129 seats using the Additional Member System. There have been six elections to the Parliament, in 1999, 2003, 2007, 2011, 2016 and 2021.

Under the Scotland Act 1998, ordinary general elections for the Scottish Parliament are held on the first Thursday in May every four years (1999, 2003, 2007 and so on).[107] The date of the poll may be varied by up to one month either way by the Monarch on the proposal of the Presiding Officer.[107] If the Parliament itself resolves that it should be dissolved (with at least two-thirds of the Members voting in favour), or if the Parliament fails to nominate one of its members to be First Minister within 28 days of a General Election or of the position becoming vacant,[108] the Presiding Officer proposes a date for an extraordinary general election and the Parliament is dissolved by the Monarch by royal proclamation. Extraordinary general elections are in addition to ordinary general elections, unless held less than six months before the due date of an ordinary general election, in which case they supplant it. The following ordinary election reverts to the first Thursday in May, a multiple of four years after 1999 (i.e., 5 May 2011, 7 May 2015, etc.).[109]

The latest Scottish Parliament election was held on Thursday 6 May 2021.[110] Under the Scotland Act 1998, an ordinary general election to the Scottish Parliament would normally have been held on the first Thursday in May four years after the 2016 election, i.e. in May 2020.[111] This would have coincided with the proposed date of the next United Kingdom general election until an early UK election was called in 2017.[112] In November 2015, the Scottish Government published a Scottish Elections (Dates) Bill, which proposed to extend the term of the Parliament to five years.[112] That Bill was passed by the Scottish Parliament on 25 February 2016 and received Royal Assent on 30 March 2016, setting the new date for the election as 6 May 2021.[110]

Citizens of the UK, Ireland, EU member states and other countries who have permission to enter or remain in the UK (or who do not need such permission), and are resident in Scotland, are entitled to vote. The minimum voting age is 16.[113] This differs from elections to the Westminster parliament, which are restricted to citizens of the UK, Ireland and qualifying Commonwealth citizens, with a minimum voting age of 18. Citizens of other non-Commonwealth EU member states who are resident in Scotland have been entitled to vote in elections to the Scottish Parliament since 1999. Since this date, the franchise has been further extended, with a two-thirds majority being required to make changes to the franchise under the Scotland Act 2016.[114] From the 2016 election, the franchise for Scottish Parliament elections was expanded to include 16- and 17-year-olds.[115] In 2020, the Scottish Parliament voted to extend the right to vote in Scotland to all foreign nationals with leave to remain (limited or indefinite).[116]

Criticism

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For criticisms of the Scottish Parliament Building, see Scottish Parliament Building § Controversy.

The resignation of Henry McLeish as First Minister, brought on by an office expenses scandal,[117] generated controversy in the first years of the Scottish Parliament.[118] Various academics have written on how the Scottish Parliament can be improved as a governing institution.[119]

West Lothian question

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Main article: West Lothian question

As a consequence of the establishment of the Scottish Parliament, Scottish MPs sitting in the UK House of Commons are able to vote on domestic legislation that applies only to England, Wales, and Northern Ireland – whilst English, Scottish, Welsh and Northern Irish Westminster MPs are unable to vote on the domestic legislation of the Scottish Parliament. This phenomenon is known as the West Lothian question and has led to criticism.[120] Following the Conservative victory in the 2015 UK election, standing orders of the House of Commons were changed to give MPs representing English constituencies a new "veto" over laws only affecting England, known as English votes for English laws.[121] The mechanism was abolished in 2021.[122]

Abolition

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Parties such as the Abolish the Scottish Parliament Party,[123] the UK Independence Party (UKIP),[124] and Scottish Unionist Party (SUP)[125] have advocated for abolishing the Scottish Parliament.

Notes

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  1. ^ Includes 11 Labour Co-op MSPs.
  2. ^ SNP MSP John Mason had the whip removed on 17 August 2024 https://www.bbc.co.uk/news/articles/cg791g2z8zyo

References

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  1. ^ "Makkin Yer Voice Heard in the Scottish Pairlament". Scottish Parliament. Archived from the original on 3 November 2007. Retrieved 10 February 2007.
  2. ^ "SPCB Leid Policy" (PDF). Scottish Parliament. Archived from the original (PDF) on 20 July 2011. Retrieved 10 February 2007.
  3. ^ The Scots for Scottish is in fact Scots Archived 26 May 2011 at the Wayback Machine.
  4. ^ "Scottish Parliament Word Bank". Scottish Parliament. Archived from the original on 3 December 2005. Retrieved 14 November 2006.
  5. ^ A five year term was set by the Scottish Elections (Reform) Act 2020, having been changed on two occasions previously (by the Fixed-term Parliaments Act 2011 and the Scottish Elections (Dates) Act 2016) from the four year term specified by the Scotland Act 1998.
  6. ^ a b "How the Scottish Parliament works" (PDF). Scottish Parliament. October 2014. Archived from the original (PDF) on 20 August 2016. Retrieved 1 July 2016.
  7. ^ a b "The Scottish Parliament – Past and Present" (PDF). Scottish Parliament. Archived from the original (PDF) on 20 August 2016. Retrieved 1 July 2016.
  8. ^ a b "Scotland Act 1998: Scottish Parliament Reserved Issues". Office of Public Sector Information (OPSI). Archived from the original on 19 May 2007. Retrieved 14 November 2006.
  9. ^ Murkens, Jones & Keating (2002), p. 11.
  10. ^ "Scottish Parliament Official Report – 12 May 1999". Scottish Parliament. Archived from the original on 26 February 2008. Retrieved 5 November 2006.
  11. ^ a b Dougan, Michael; Hunt, Jo; McEwen, Nicola; McHarg, Aileen (2022). "Sleeping with an Elephant: Devolution and the United Kingdom Internal Market Act 2020". Law Quarterly Review. 138 (Oct). London: Sweet & Maxwell: 650–676. ISSN 0023-933X. SSRN 4018581. Archived from the original on 6 September 2022. Retrieved 4 March 2022 – via University of Liverpool Repository. The Act has restrictive – and potentially damaging – consequences for the regulatory capacity of the devolved legislatures...This was not the first time since the Brexit referendum that the Convention had been set aside, but it was especially notable given that the primary purpose of the legislation was to constrain the capacity of the devolved institutions to use their regulatory autonomy...in practice, it constrains the ability of the devolved institutions to make effective regulatory choices for their territories in ways that do not apply to the choices made by the UK government and parliament for the English market.
  12. ^ a b Masterman, Roger; Murray, Colin (2022). "The United Kingdom's Devolution Arrangements". Constitutional and Administrative Law (Third ed.). Cambridge: Cambridge University Press. pp. 471–473. doi:10.1017/9781009158497. ISBN 9781009158503. S2CID 248929397. Archived from the original on 4 May 2024. Retrieved 26 October 2023. UK Internal Market Act 2020 imposed new restrictions on the ability of the devolved institutions to enact measures...mutual recognition and non-discrimination requirements mean that standards set by the legislatures in Wales and Scotland cannot restrict the sale of goods which are acceptable in other parts of the UK. In other words, imposing such measures would simply create competitive disadvantages for businesses in Wales and Scotland; they would not change the product standards or environmental protections applicable to all goods which can be purchased in Wales and Scotland.
  13. ^ a b c d Wolffe, W. James (7 April 2021). "Devolution and the Statute Book". Statute Law Review. 42 (2). Oxford: Oxford University Press: 121–136. doi:10.1093/slr/hmab003. ISSN 0144-3593. Archived from the original on 21 April 2021. Retrieved 18 April 2021. the Internal Market Bill—a Bill that contains provisions which, if enacted, would significantly constrain, both legally and as a matter of practicality, the exercise by the devolved legislatures of their legislative competence; provisions that would be significantly more restrictive of the powers of the Scottish Parliament than either EU law or Articles 4 and 6 of the Acts of the Union...The UK Parliament passed the European Union (Withdrawal Agreement) Act 2020 and the Internal Market Act 2020 notwithstanding that, in each case, all three of the devolved legislatures had withheld consent.
  14. ^ a b c Dougan, Michael (23 September 2020). Professor Michael Dougan: Evidence on the UK internal market bill. Finance and Constitution Committee (Report). Edinburgh: Scottish Parliamentary Corporate Body. 21st Meeting 2020, Session 5. Archived from the original on 21 October 2020. Retrieved 15 October 2020. By imposing widespread obligations of non-discrimination and, more important, mutual recognition, the bill seeks to restrict the way that devolved competences operate in practice.
  15. ^ a b c Dougan, Michael; Hayward, Katy; Hunt, Jo; McEwen, Nicola; McHarg, Aileen; Wincott, Daniel (2020). UK and the Internal Market, Devolution and the Union. Centre on Constitutional Change (Report). University of Edinburgh; University of Aberdeen. pp. 2–3. Archived from the original on 18 October 2020. Retrieved 16 October 2020.
  16. ^ UKCLA (9 September 2020). "Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill". UK Constitutional Law Association. Archived from the original on 20 May 2021. Retrieved 20 May 2021. Albeit that its principal objective is to manage the free movement of goods, services and the recognition of professional qualifications in a post-Brexit UK where regulatory divergences may increase without the constraints of EU internal market law"
  17. ^ a b c Lydgate, Emily (23 September 2020). Dr Emily Lydgate, University of Sussex: Evidence on the UK internal market bill. Finance and Constitution Committee (Report). Edinburgh: Scottish Parliamentary Corporate Body. 21st Meeting 2020, Session 5. Archived from the original on 21 October 2020. Retrieved 15 October 2020. In that context, even though the new powers might not be used, I expect that the UK Government wants the legislation to be in place before those statutory instruments come into force, in case the common frameworks fall apart. What we are seeing is the UK Government responding to a threat by trying to centralise power or create a system that will function in case there is a problem...For example, England might authorise a new active substance for pesticides, or a new GMO, and would then be able to freely export those products to devolved nations, even if they had controls domestically. In so doing, England could competitively undercut producers and in effect undermine permitted divergence.
  18. ^ "What Does a UK Internal Market Mean for Regulatory Divergence in the UK?". European Futures. 8 October 2020. Archived from the original on 24 May 2021. Retrieved 20 May 2021. At the heart of the architecture of the UKIM Bill are the so-called 'market access' principles – mutual recognition and non-discrimination.
  19. ^ [12][13][14][15][16][17][18]
  20. ^ a b [72][83][13][14][15][17][82][84]
  21. ^ "The Last Parliament of Scotland 1703–1707". BBC. 1997. Archived from the original on 8 January 2006. Retrieved 15 October 2006.
  22. ^ a b c d e f g h "The Devolution Debate (1997) – This Century". BBC. Archived from the original on 17 November 2012. Retrieved 13 October 2006.
  23. ^ "Papers reveal devolution warnings". BBC News. 1 January 2005. Archived from the original on 28 November 2020. Retrieved 24 November 2006.
  24. ^ a b "The 1979 Referendums". The Holyrood Inquiry. 1997. Archived from the original on 11 May 2009. Retrieved 21 August 2006.
  25. ^ Peter Fraser (15 October 2004). "Events Prior to 1 May 1997". The Holyrood Inquiry. Archived from the original on 24 October 2004. Retrieved 17 November 2006.
  26. ^ "Past Referendums – Scotland 1997". The Electoral Commission. Archived from the original on 7 December 2006. Retrieved 17 November 2006.
  27. ^ Morgan, Bryn (8 October 1999). "House of Commons Research Paper – Scottish Parliament Elections: 6 May 1999". House of Commons Library. Archived from the original on 24 July 2018. Retrieved 2 July 2016.
  28. ^ Sengupta, Kim (21 March 1998). "Parliament kept out in double blow for Glasgow". The Independent. Archived from the original on 4 March 2017. Retrieved 4 March 2017.
  29. ^ "Kirk's home hosts moment of history". BBC News. 1 July 1999. Archived from the original on 22 July 2004. Retrieved 14 November 2006.
  30. ^ "Glasgow's miles better for parliament". BBC News. 13 January 2000. Retrieved 4 March 2017.
  31. ^ Urquhart, Frank (12 September 2001). "Aberdeen first city outside central belt to host parliament". The Scotsman. Archived from the original on 31 December 2017. Retrieved 4 March 2017.
  32. ^ Charles Jencks (January 2005). "Identity parade: Miralles and the Scottish parliament: On the architectural territories of the EMBT/RMJM parliament building". Architecture Today no.154 p.32–44. Archived from the original on 9 October 2007. Retrieved 7 January 2007.
  33. ^ "Gallery – The Scottish Parliament at Holyrood". The Guardian. London. Archived from the original on 21 December 2006. Retrieved 25 October 2006.
  34. ^ "Opening of Holyrood". Scottish Parliament. Archived from the original on 4 May 2006. Retrieved 29 October 2006.
  35. ^ Geddes, Jonathan (28 September 2024). "King speaks at Holyrood for Scottish Parliament's 25th anniversary". BBC News. Retrieved 1 October 2024.
  36. ^ Carmichael, Josh (28 September 2024). "King and Queen to mark Scottish Parliament's 25th anniversary". The Herald. Retrieved 1 October 2024.
  37. ^ "About the Parliament: The Presiding Officer". Scottish Parliament. Archived from the original on 2 February 2018. Retrieved 1 July 2016.
  38. ^ a b c d "About the Parliament: The Presiding Officer: The Presiding Officer". Scottish Parliament. Archived from the original on 9 June 2016. Retrieved 1 July 2016.
  39. ^ a b c d e f g h i "The Scottish Parliament Debating Chamber" (PDF). Scottish Parliament. Archived from the original (PDF) on 29 October 2006. Retrieved 13 October 2006.
  40. ^ "About the Parliament: Corporate Governance: Scottish Parliamentary Corporate Body (SPCB): SPCB Remit". Scottish Parliament. Archived from the original on 17 June 2016. Retrieved 1 July 2016.
  41. ^ "Horseshoe chamber shapes up Dewar says Scottish parliament design will not follow the confrontational template of Westminster". The Herald. 22 November 1997. Retrieved 3 March 2017.
  42. ^ Lockhart, David (19 February 2014). "Westminster and Holyrood: A tale of two parliaments". BBC News. Archived from the original on 20 March 2017. Retrieved 25 February 2017.
  43. ^ "Scotland Act 1998: Section 27", legislation.gov.uk, The National Archives, 19 November 1998, 1998 c. 46 (s. 27), retrieved 17 January 2021
  44. ^ "The Scottish Parliament Debating Chamber" (PDF). Scottish Parliament. Archived from the original (PDF) on 14 August 2016. Retrieved 17 January 2021.
  45. ^ a b "A symbol of authority". BBC News. 1 July 1999. Archived from the original on 16 May 2023. Retrieved 1 July 2016.
  46. ^ a b c "Parliament Mace to go on display at the Museum of Scotland". Scottish Parliament. 15 July 1999. Archived from the original on 7 September 2006. Retrieved 12 October 2006.
  47. ^ "Donald Dewar's speech at the opening of the Scottish Parliament 1 July 1999" (PDF). Scottish Parliament. Archived from the original (PDF) on 16 August 2016. Retrieved 23 June 2016.
  48. ^ "Business Bulletin 30/1999 Announcements". archive.parliament.scot. Scottish Parliament. 2 July 1999. Archived from the original on 12 April 2023. Retrieved 12 April 2023.
  49. ^ a b c d e f g "Issue Briefs – Scottish Parliament guide". Politics.co.uk. Archived from the original on 27 September 2007. Retrieved 16 October 2006.
  50. ^ "Parliament TV: Home". scottishparliament.tv. Archived from the original on 19 May 2020. Retrieved 30 September 2016.
  51. ^ "Official Report terms of Reference". Parliamentary Business: Official Report: About the Official Report. Scottish Parliament. Archived from the original on 20 August 2016. Retrieved 1 July 2016.
  52. ^ a b c "Contributors to Time for Reflection – Session 4" (PDF). Scottish Parliament. Archived from the original (PDF) on 20 August 2016. Retrieved 1 July 2016.
  53. ^ Burrows, N. (1999), pp. 241–260.
  54. ^ "Standing Orders of the Scottish Parliament: Chapter 7: Conduct of Meetings". Scottish Parliament. Archived from the original on 2 July 2016. Retrieved 1 July 2016.
  55. ^ "Scottish Parliament Corporate Body". Scottish Parliament Language Policy. Scottish Parliament. 2004. Archived from the original on 3 September 2006. Retrieved 11 October 2006.
  56. ^ "Scottish Parliament Corporate Body". Scottish Parliament-Parliamentary Business. Scottish Parliament. 29 February 2000. Archived from the original on 14 November 2005. Retrieved 11 October 2006.
  57. ^ "How does Holyrood's electronic voting system work?". BBC News. 23 September 2016. Archived from the original on 22 January 2021. Retrieved 17 January 2021.
  58. ^ "Evidence from the Minister for Parliamentary Business – Scottish Parliament". Richard Commission. 12 February 2003. Archived from the original on 23 September 2007. Retrieved 14 November 2006.
  59. ^ Kingdom, J. (1999), p. 373.
  60. ^ a b Kingdom, J. (1999), p. 374.
  61. ^ Kingdom, J. (1999), p. 375.
  62. ^ Dardanelli (2005), p. 185.
  63. ^ a b c d "The Scottish Parliament Committees". Scottish Parliament. Archived from the original on 21 July 2016. Retrieved 1 July 2016.
  64. ^ "Finance Committee to meet in Perth". Scottish Parliament Information Centre (SPICe). Archived from the original on 21 March 2005. Retrieved 22 November 2006.
  65. ^ "Scottish Parliament committees – what are they and what do they do?" (PDF). Scottish Parliament. December 2014. Archived from the original (PDF) on 20 August 2016. Retrieved 1 July 2016.
  66. ^ a b "Bills explained: Private Bills". Scottish Parliament. Retrieved 1 July 2016.
  67. ^ "Scotland Act preamble". Office of Public Sector Information (OPSI). Archived from the original on 19 May 2007. Retrieved 14 November 2006.
  68. ^ "Scotland's Parliament – powers and structures". BBC News. 8 April 1999. Archived from the original on 18 February 2007. Retrieved 10 February 2006.
  69. ^ a b "Parliamentary Business: Bills: Bills Explained". Scottish Parliament. May 2015. Archived from the original on 20 December 2016. Retrieved 15 December 2016.
  70. ^ "Bills: Bills Explained: Public, Private & Hybrid Bills Guidance: Guidance on Public Bills: Part 2: Stages of Bills – the general rules". Scottish Parliament. Archived from the original on 8 July 2016. Retrieved 15 December 2016.
  71. ^ [12][11][13][14][15][17]
  72. ^ a b Keating, Michael (2 February 2021). "Taking back control? Brexit and the territorial constitution of the United Kingdom". Journal of European Public Policy. 29 (4). Abingdon: Taylor & Francis: 491–509. doi:10.1080/13501763.2021.1876156. hdl:1814/70296. The UK Internal Market Act gives ministers sweeping powers to enforce mutual recognition and non-discrimination across the four jurisdictions. Existing differences and some social and health matters are exempted but these are much less extensive than the exemptions permitted under the EU Internal Market provisions. Only after an amendment in the House of Lords, the Bill was amended to provide a weak and non-binding consent mechanism for amendments (equivalent to the Sewel Convention) to the list of exemptions. The result is that, while the devolved governments retain regulatory competences, these are undermined by the fact that goods and services originating in, or imported into, England can be marketed anywhere.
  73. ^ Guderjan, Marius (2023). Intergovernmental Relations in the UK: Cooperation and Conflict in a Devolved Unitary State. London/New York: Routledge. pp. 166–176. doi:10.4324/9781003349952. ISBN 978-1-032-39485-5. S2CID 257877108. Archived from the original on 1 July 2024. Retrieved 11 January 2024. Since the act became law on 17 December 2020, the devolved administrations can continue to set standards for goods and services produced within their territory, but their rules do not apply to goods and services coming from other jurisdictions. They also must accept products imported into one part of the UK. This undermines their legislative autonomy and renders certain policies ineffective
  74. ^ Keating, Michael (2 February 2021). "Taking back control? Brexit and the territorial constitution of the United Kingdom". Journal of European Public Policy. 29 (4). Abingdon: Taylor & Francis: 491–509. doi:10.1080/13501763.2021.1876156. hdl:1814/70296. The UK Internal Market Act gives ministers sweeping powers to enforce mutual recognition and non-discrimination across the four jurisdictions. Existing differences and some social and health matters are exempted but these are much less extensive than the exemptions permitted under the EU Internal Market provisions. Only after an amendment in the House of Lords, the Bill was amended to provide a weak and non-binding consent mechanism for amendments (equivalent to the Sewel Convention) to the list of exemptions. The result is that, while the devolved governments retain regulatory competences, these are undermined by the fact that goods and services originating in, or imported into, England can be marketed anywhere.
  75. ^ Lydgate, Emily; Anthony, Chloe (September 2022). "Brexit, food law and the UK's search for a post-EU identity". Modern Law Review. 85 (5). London: Wiley: 1168–1190. doi:10.1111/1468-2230.12735. While the mutual recognition principle preserves devolved powers, rather than requiring that devolved nations conform with a wide range of harmonised standards (as they did in the EU), the Act undermines devolution simply because devolved legislation will no longer apply to all relevant activity in the devolved territory...Devolution is also undermined by the asymmetry of legislative authority...the UK Internal Market Act is a protected enactment, which devolved administrations are unable to appeal or modify, but which the UK parliament will be able to modify when legislating for England.
  76. ^ Dougan, Michael; Hayward, Katy; Hunt, Jo; McEwen, Nicola; McHarg, Aileen; Wincott, Daniel (2020). UK and the Internal Market, Devolution and the Union. Centre on Constitutional Change (Report). University of Edinburgh; University of Aberdeen. pp. 2–3. Archived from the original on 18 October 2020. Retrieved 16 October 2020. The market access principles undermine devolved competences in two ways...[they] significantly undermine the purpose of devolution, which was to enable the devolved nations and regions to legislate according to their own local needs and political preferences.
  77. ^ Armstrong, Kenneth A. (May 2022). "The Governance of Economic Unionism after the United Kingdom Internal Market Act". Modern Law Review. 85 (3). Oxford: Wiley: 635–660. doi:10.1111/1468-2230.12706. So when used to disapply relevant requirements in a destination devolved jurisdiction the effect is different from that generated by the devolution statutes when they treat rules that are outside of competence as being "not law". In this way, the legislative competence of each jurisdiction is formally maintained, but its exercise constrained by the extraterritorial reach of regulatory norms applicable elsewhere in the UK and by the potential for regulatory competition where local producers are subject to local rules but competing goods can enter that market in compliance with the regulatory standards from where they originate...the UKIM Act 2020 allows extraterritorial application of rules that reflect different preferences or even undermines local preferences through regulatory competition, its effects are not insignificant for devolved legislatures.
  78. ^ [73][74][75][76][77]
  79. ^ UK Internal Market Bill: Impact Assessment (PDF) (Report). Department for Business, Energy and Industrial Strategy. 9 September 2020. p. 8. Archived (PDF) from the original on 10 November 2020. Retrieved 29 January 2022. Contains Parliamentary information licensed under the Open Parliament Licence v3.0.
  80. ^ Sharma, Alok (16 July 2020). "Policy paper: UK internal market". GOV.UK. Archived from the original on 13 April 2021. Retrieved 16 May 2021.
  81. ^ "UK internal market bill a 'full frontal assault on devolution', Nicola Sturgeon says". Holyrood Website. 9 September 2020. Archived from the original on 5 May 2021. Retrieved 16 May 2021.
  82. ^ a b Livingstone, Charles (19 October 2020). "Brexit, the UK Internal Market Bill and devolution". Journal of the Law Society of Scotland. 65 (10). Edinburgh: Law Society of Scotland. Archived from the original on 1 August 2021. Retrieved 20 May 2021. These proposed restrictions on the post-Brexit freedom of action of the devolved institutions, including the Scottish Parliament, have created controversy.
  83. ^ Kenny, Michael; McEwen, Nicola (1 March 2021). "Intergovernmental Relations and the Crisis of the Union". Political Insight. 12 (1). London: SAGE Publishing; Political Studies Association: 12–15. doi:10.1177/20419058211000996. S2CID 232050477. That phase of joint working was significantly damaged by the UK Internal Market Act, pushed through by the Johnson government in December 2020...the Act diminishes the authority of the devolved institutions, and was vehemently opposed by them.
  84. ^ Dougan, Michael (2020). Briefing Paper. United Kingdom Internal Market Bill: Implications for Devolution (PDF) (Report). Liverpool: University of Liverpool. pp. 4–5, 9–10. Archived from the original (PDF) on 26 October 2020. Retrieved 15 October 2020.
  85. ^ "Devolution: UK Parliament". Scotland Office. Archived from the original on 4 October 2006. Retrieved 14 November 2006.
  86. ^ a b Cairney, Paul and Johnston, James, "What is the Role of the Scottish Parliament", Scottish Parliamentary Review, Vol. I, No. 2 (Jan 2014) [Edinburgh: Blacket Avenue Press]
  87. ^ "Scotland Act 2016: Section 2", legislation.gov.uk, The National Archives, 23 March 2016, 2016 c. 11 (s. 2), retrieved 17 January 2021
  88. ^ a b "Reserved and devolved matters". Scotland Office. Archived from the original on 4 October 2006. Retrieved 14 November 2006.
  89. ^ "Devolution to Scotland". BBC. 14 October 2002. Archived from the original on 23 June 2011. Retrieved 14 November 2006.
  90. ^ a b "Making Your Voice Heard". Scottish Parliament. Archived from the original on 11 December 2007. Retrieved 16 November 2007.
  91. ^ a b "A Guide to Other Early Business of the Scottish Parliament, including Selection of a Nominee for Appointment as First Minister". Scottish Parliament. Archived from the original on 1 November 2005. Retrieved 14 November 2006.
  92. ^ Jack McConnell. "Statement by First Minister on the government's Legislative Programme". Scottish Government. Archived from the original on 17 November 2017. Retrieved 14 November 2006.
  93. ^ "Debate on Scottish Government's Programme". Scottish Parliament Official Report, 6 September 2005. Archived from the original on 3 July 2007. Retrieved 14 November 2006.
  94. ^ "Scottish Parliament to hold Leaders' Virtual Question Time". The Scottish Parliament. 8 April 2020. Archived from the original on 8 May 2020. Retrieved 9 April 2020.
  95. ^ a b "Scottish Parliament and Scottish Executive". Scotland Office. Archived from the original on 4 October 2006. Retrieved 8 November 2006.
  96. ^ "Electoral system: How it works". 2 April 2003. Archived from the original on 17 January 2021. Retrieved 17 January 2021.
  97. ^ a b "Close of Consultation on Scottish Parliament size". Scotland Office. 2 April 2002. Archived from the original on 4 October 2006. Retrieved 17 October 2006.
  98. ^ "MSPs". Scottish Parliament. Archived from the original on 21 February 2009. Retrieved 17 October 2006.
  99. ^ a b "Electoral System – How it works". BBC. 2 April 2003. Archived from the original on 4 September 2007. Retrieved 22 October 2006.
  100. ^ "Labour loses out in key Marginals". BBC. 6 May 2005. Archived from the original on 17 May 2005. Retrieved 14 November 2006.
  101. ^ "Independent MSP Margo MacDonald dies". BBC News. BBC. 5 April 2014. Archived from the original on 6 April 2014. Retrieved 13 January 2016. As Ms MacDonald was an independent MSP elected to Holyrood as a regional list member, there will be no by-election, and her seat will remain vacant until the next Scottish Parliament election, in 2016.
  102. ^ "SNP wins majority in Scottish elections". channel4.com. 6 May 2011. Archived from the original on 12 July 2011. Retrieved 12 July 2011.
  103. ^ "Electoral Administration Act 2006" (PDF). Department for Constitutional Affairs (DCA). Archived (PDF) from the original on 5 February 2007. Retrieved 6 February 2007. The Electoral Administration Act 2006, reduced the age of candidacy in the United Kingdom from 21 to 18.
  104. ^ a b c "Scotland Act 1998, Section 15, Disqualification from membership of Parliament". Office of Public Sector Information (OPSI). Archived from the original on 25 May 2007. Retrieved 1 November 2006.
  105. ^ "MSPs with Dual Mandates". www.parliament.scot. 13 January 2021. Archived from the original on 12 March 2021. Retrieved 26 March 2021.
  106. ^ Priddy, Sarah (26 March 2021). "Members of Parliament holding dual mandates". Archived from the original on 7 May 2021. Retrieved 26 March 2021.
  107. ^ a b "Scotland Act 1998 – Section 2 Ordinary General Elections". Office of Public Sector Information (OPSI). Archived from the original on 19 May 2007. Retrieved 14 November 2006.
  108. ^ "Scotland Act 1998 – Section 46 Choice of the First Minister". Office of Public Sector Information (OPSI). Archived from the original on 31 October 2007. Retrieved 10 May 2007.
  109. ^ "Scotland Act 1998 – Section 3 Extraordinary General Elections". Office of Public Sector Information (OPSI). Archived from the original on 19 May 2007. Retrieved 14 November 2006.
  110. ^ a b "Scottish Elections (Dates) Act 2016". legislation.gov.uk. Archived from the original on 25 October 2016. Retrieved 7 May 2016.
  111. ^ "Scotland Act 1998 – Section 2 Ordinary General Elections". Office of Public Sector Information. Archived from the original on 19 May 2007. Retrieved 8 May 2007.
  112. ^ a b "Scottish Elections (Dates) Bill published" (Press release). Scottish Government. 18 November 2015. Archived from the original on 4 June 2016. Retrieved 6 May 2016.
  113. ^ "Your Scottish Parliament election voting guide" (PDF). Electoral Commission. 2021. Archived from the original (PDF) on 29 April 2021. Retrieved 11 May 2021.
  114. ^ "New Bill to extend electoral franchise". Scottish Government. 21 June 2019. Archived from the original on 13 May 2021. Retrieved 11 May 2021.
  115. ^ "Cut in Scottish voting age passed unanimously". BBC News. 18 June 2015. Archived from the original on 7 April 2016. Retrieved 8 May 2016.
  116. ^ "Right to vote extended". Scottish Government. 20 February 2020. Archived from the original on 16 March 2020. Retrieved 21 February 2020.
  117. ^ "Text of Henry McLeish's resignation speech to the Scottish Parliament". The Guardian. London. 9 November 2001. Archived from the original on 27 November 2007. Retrieved 14 November 2006.
  118. ^ David McCrone (8 April 2003). "Peeblin' Wi' Stanes: Assessing the Scottish Parliament, 1999–2003". Institute of Governance. Archived from the original on 22 October 2006. Retrieved 14 October 2006.
  119. ^ Paul Cairney (13 May 2013). "How Can the Scottish Parliament Be Improved as a Legislature". Scottish Parliamentary Review. Archived from the original on 11 July 2020. Retrieved 1 April 2013.
  120. ^ Oonagh Gay (26 June 2007). "The West Lothian Question" (PDF). House of Commons Research Paper. Archived from the original (PDF) on 2 January 2007. Retrieved 9 February 2007.
  121. ^ "New 'veto' announced for English MPs". BBC News. 2 July 2015. Archived from the original on 12 November 2020. Retrieved 4 July 2015.
  122. ^ "Commons scraps English votes for English laws". BBC News. 13 July 2021. Archived from the original on 22 October 2021. Retrieved 11 October 2021.
  123. ^ "POLICIES". Abolish the Scottish Parliament. Archived from the original on 21 April 2021. Retrieved 7 April 2021.
  124. ^ MacKay, Donald. "UKIP Scotland - The Scottish Parliament Manifesto 2021" (PDF). Archived (PDF) from the original on 13 May 2021. Retrieved 28 May 2021.
  125. ^ "Campaign Issues". The Scottish Unionist Party Proudly Scottish ~ Proudly British. Archived from the original on 12 April 2019. Retrieved 12 April 2019.

Bibliography

edit
  • Balfour, A. & McCrone, G. (2005): Creating a Scottish Parliament, StudioLR, ISBN 0-9550016-0-9
  • Burrows, N. (1999): "Unfinished Business – The Scotland Act 1998", Modern Law Review, Vol. 62, No. 2 (March 1999), pp. 241–260
  • Dardanelli, P. (2005): Between Two Unions: Europeanisation and Scottish Devolution, Manchester University Press, ISBN 0-7190-7080-5
  • Hassan, Gerry (1999): A Guide to the Scottish Parliament: The Shape of Things to Come, The Stationery Office", ISBN 0-11-497231-1
  • Hassan, Gerry (2019): The Story of the Scottish Parliament: The First Two Decades Explained, Edinburgh University Press, ISBN 978-1-4744-5490-2
  • Kingdom, J. (1999): Government and Politics in Britain, An Introduction, Polity, ISBN 0-7456-1720-4
  • MacLean, B. (2005): Getting It Together: Scottish Parliament, Luath Press Ltd, ISBN 1-905222-02-5
  • McFadden, J. & Lazarowicz, M. (2003): The Scottish Parliament: An Introduction, LexisNexis UK, ISBN 0-406-96957-4
  • Murkens, E.; Jones, P. & Keating, M. (2002): Scottish Independence: A Practical Guide, Edinburgh University Press, ISBN 0-7486-1699-3
  • Taylor, Brian (1999): The Scottish Parliament, Polygon, Edinburgh, ISBN 1-902930-12-6
  • Taylor, Brian (2002): The Scottish Parliament: The Road to Devolution, Edinburgh University Press, ISBN 0-7486-1759-0
  • Young, John R. (1996): The Scottish Parliament, 1639–1661: A Political and Constitutional, Edinburgh: John Donald Publishers ISBN 0-85976-412-5
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