Recent Developments in relation to the legislative powers of the Scottish Parliament Scotland Act (2012) Independence Referendum Smith Commission Scotland Act (2016) http://www.bbc.co.uk/news/uk-scotland-scotland-politics-32902734

The Future of Scotland There can be friction between the two Parliaments. Especially at the moment when SNP are in Government in Scotland and the Conservatives are in Government in the UK parliament. 2

The Future of Scotland Trident Chancellor George Osborne has announced £500m of investment in the Faslane naval base on the Clyde. The Scottish government, which supports independence and opposes nuclear weapons, pledged to banish Trident from Faslane and instead turn the facility into a conventional naval base which would continue to employ the same number of people as is currently the case. Crisishttp://www.bbc.co.uk/news/uk-scotland-scotland-politics-34146653 http://www.ibtimes.co.uk/nicola-sturgeon-attacks-arrogant-david-cameron-attitude-scottish-independence-1520261 3

The Future of Scotland Refugee Crisis Sturgeon argued that Scotland and the UK had a moral obligation to take a "fair and proportionate share" of those seeking a place of safety. Cameron wanted to act with “heart and head”. Sturgeon urged UK government to act. In response to the shocking front page story of a young Syrian refugee who had drowned. Crisishttp://www.bbc.co.uk/news/uk-scotland-scotland-politics-34146653 http://www.bbc.co.uk/programmes/b006m9rb/episodes/player?page=2 4

The Future of Scotland Welfare System UK Parliament is attempting to cut family tax credits. Scottish Government want the power to top- up the incomes families affected by this. Crisishttp://www.bbc.co.uk/news/uk-scotland-scotland-politics-34146653 5

Scotland Act 2012 This followed recommendations were made in the Calman Commission Report of 2009. The SP was given more powers, particularly in relation to tax. At the time the Act was described as the biggest transfer of fiscal powers to Scotland in over 300 years. The Scotland Act 2012: Allows MSPs to set income tax rates in Scotland and enable Holyrood to borrow more money. Gave the Scottish Parliament powers over air guns, drink-driving and speed limits. Stamp duty, land tax and landfill tax, among other things also devolved. Analysis: How effective is the Scotland Act 2012 in giving Scotland more power? Scottish Government has supported the bill but has been ‘bypassed by events’. Also seen as a ‘missed opportunity’. Bill could have gone further. Not quite a big a deal as the Coalition were making out.

Scottish Independence Referendum 2014 In September 2014, 55% of Scots voted no to Scottish Independence The debate around the referendum did lead to calls for Scotland to have more devolved powers

Smith Commission Report, 2014 This report followed a vow by the UK’s main political leaders who were against independence The PM and Conservative leader David Cameron, Deputy PM and Lib Dem leader Nick Clegg and Labour leader Ed Miliband all promised that Scotland would gain more devolved powers in the event of a no vote The report recommended that Scotland be given more devolved powers… http://www.bbc.co.uk/news/uk-scotland-scotland-politics-34760508 https://www.youtube.com/watch?v=BhjHpS9apQo

Main Recommendations of Smith Commission Scotland to have more power in relation to taxes, notably in relation to VAT and Air Passenger Duty. However, income tax still reserved to Westminster Scotland should be given more borrowing powers Some benefits to be devolved – e.g. benefits for carers and disabled people. All other benefits to remain reserved, including universal credit, minimum wage etc. Elections – SP to have power to lower voting age for Scottish elections Abortion – recommended that making this area should be considered for devolution

What new powers will Scotland have? Allow Holyrood to set thresholds and rates of income tax on earnings in Scotland and keep all the money raised in Scotland Give the Edinburgh parliament more control over income from VAT New welfare powers worth £2.5bn Enable the Scottish government to vary the frequency of Universal Credit payments in Scotland Give Scottish Parliament more power over some benefits for carers, disabled people and the elderly Give control over programmes which help people find work

The Scotland Act (2016) Following the recommendations of the Smith Commission, the new majority Conservative Government in Westminster introduced the Scotland Bill in May 2015. It became law on 23rd March 2016. http://www.bbc.co.uk/news/uk-scotland-32914319 https://www.youtube.com/watch?v=ZiNZGg6YZc4

The UK government said the bill would make Holyrood one of the most powerful devolved parliaments in the world. It gives the SP enhanced power over welfare which would allow the Scottish government to create new benefits, the power to top-up reserved benefits such as tax credits and control of abortion law. Even the Scottish government now accept that the Scotland Bill gives them substantial new powers over benefits. It allows them to top-up tax credits, top-up child benefit or even create brand new benefits in devolved areas. However The Scotland Bill is far from perfect, giving Scotland responsibility for just 14% of welfare spending. Scottish Labour said the amended Scotland Bill more than fulfilled the Vow, the promise of more powers made just before last September's referendum. Senior SNP MPs have tabled an amendment to the Scotland Bill calling for Holyrood to be given control over any future referendum on independence.

Making a law in the Scottish Parliament This activity can be done as a class or done individually on separate computers. http://www.bbc.co.uk/scotland/education/int/ms/lawmakers/

Therefore there are certain areas that Scotland cannot legislate on. 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 Employment legislation Social security (Benefits)

UK Foreign Policy The representation of Scotland in foreign and diplomatic affairs - officially reserved to Westminster - is largely undertaken by the UK Government. The Scottish Government also uses its offices to promote Scotland abroad, which includes the FM occasionally travelling abroad to promote Scottish trade and culture. For example, Alex Salmond made three official visits to China when he was FM and Nicola Sturgeon recently spent 5 days in the USA. Scotland, as a comparatively small country, benefits from the greater clout that being part of a larger unit like the UK provides in terms of defence and trade. Involvement in conflicts in Iraq and Syria. Not supported by most Scottish Political parties.

Trident

Trident Trident is the country’s nuclear submarine system. The UK government voted to keep it whilst the current SNP majority Scottish government is against it. Sticking point between the Scottish Parliament and Westminster. However the issue of renewing this is reserved by Westminster and the decision has now been made to keep it. SNP says it would have kicked Trident out of Scotland in the event of independence; they believe the money for Trident would be better spent on education or childcare. In the run up to the 2015 General Election Trident was a big issue and Sturgeon has said that her party would vote against it in the HOC. Described Trident as a red line for her party. Scottish Parliament have no say over this however, even with a large number of MPs in Westminster, there is very little progress to be made. http://www.bbc.co.uk/news/election-2015-scotland-32124685

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 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. YES campaign believes that UK immigration policy is not appropriate for Scotland. For example, Scotland’s Universities are critical of the UK Government’s policy of restricting student visas which are harming their ability to recruit and retain the brightest students and academics from around the world.

Reserved Power/ Law HOTS Question FOREIGN POLICY Nuclear Weapons EVALUATING What are the pros and cons of foreign policy remaining reserved to Westminister? Why does Scotland promote itself individually from the rest of the UK? (ANALYSING) What benefits could this bring for the country? Nuclear Weapons DEFENCE/NATIONAL SECURITY Why are the Scottish Government opposed to nuclear weapons? (ANALYSING) What do you think the consequences of removing Trident from the Clyde would be? (EVALUATING) IMMIGRATION AND ASYLUM SEEKERS What are the pros and cons of immigration policy remaining reserved? Why does the Scottish Government/Independence campaigners believe that the current UK policy is not working for Scotland? The Bedroom Tax WELFARE (ANALYSING) What was the purpose of introducing this law? What would the alternative be? (EVALUATING)