SECTION A—Political Issues in the United Kingdom STUDY THEME 1A: DEVOLVED DECISION MAKING IN SCOTLAND 4_Scottish Essays

2012 In carrying out its functions, local government in Scotland has come into conflict with the Scottish Government. Discuss.

SQA Marking Scheme Provides opportunity for people to take part in local decision making which in theory makes for better governance. Mandatory, discretionary and permissive functions of local government. Local authorities also play a regulatory role eg granting licences and an advocacy role in promoting the interests of local communities. 32 unitary authorities (29 mainland and 3 island councils). Collaboration between local government and voluntary sector in delivering services. Scottish Parliament is law-making body for devolved issues. It can pass laws setting out the powers and duties of local authorities. Councils receive around 80% of funding from Scottish Government (Aggregate External Finance which includes non- domestic rates). Most other finance comes from Council Tax, rents and charges for services. STV electoral system means Scottish councils are often run by a coalition which includes representatives from the same party as the Scottish Government. Local government offers a pathway to the Scottish Parliament. SNP has largest number of councillors (263) and formed Scottish Government for first time in ‘Concordat’ (Single Outcome Agreements) between Scottish Government and local authorities from Councils given increased budgets and less ring-fencing in return for Council Tax freeze. Demands for end to Council Tax rise freeze. Threat of cut to local authority budgets if CT freeze not maintained. PFI/Scottish Futures Trust. Opposed in principle and in practice by many councillors. Recommendations of Independent Budget Review (Beveridge) of public spending in Scotland. Reduction in Scotland’s budget by as much as £42bn over 16 years. Recommendations included a fall in public sector employment by as many as 60,000 by and public sector pay freezes. Glasgow Council claim cuts in grants will ‘kill the city’. On-going speculation with regard to reducing number of councils or the centralisation of delivery of some council services eg education, fire service. Spat over severe weather school closures – councils unhappy at Scottish Government interference in local decision making. Disagreement over Edinburgh trams project, Trump golf course in Aberdeenshire, etc. Introduction of CFE exemplifies inherent tension between national government introducing national initiative but relying on 32 Local Authorities to implement. Position of East Renfrewshire Council.

Class suggestions: Centralising power SP withholding funding STV system to encourage increased turnout SNP majority in SP – coalitions in many local councils Councils do more with less… Local government less power – capped and privatised Severe weather dispute – pressure on councils to open schools 40% turnout for elections – mandate to govern?

Plan: Introduction- Yes conflict over budgetary restrictions and providing services Education – CfE, Pressure from teacher unions – not enough time or pay – public sector pay freeze, budget – council tax freeze – 51m provided Public parks – when money is spent on statutory services not enough left – parks have been funded by local councils since Victorian times COSLA – Negotiating on behalf of local councils – SP went directly to local councils e.g. Edinburgh council to try and get agreement on Teacher numbers PFI – Better schools but losing assets – 80% of budget provided by SP, the rest raised by council tax, council rent, business rates – good thing short term, but arguably shortsighted Electoral System for Local Councils – STV. More representative results to encourage participation, as local council electoral participation was around 40%. BUT this has mean coalitions in local councils – different political make-up to the SP. Potentially more conflict – e.g. over teacher numbers Conclusion

Intro: The worldwide recession has put pressure on budgets from Central Government, to Scottish Parliament, to Local Councils. As a result of efficiency savings which the coalition government have introduced. This has caused conflict between the Scottish Parliament and Local Councils. Local councils are currently struggling to fulfil the requirements of Scottish Parliament.

2014 To what extent are Members of the Scottish Parliament (MSPs) effective in holding the Scottish Government to account?

SQA Marking Scheme Key principles of Scottish Parliament include accountability, openness, participation and equal opportunities. Questions (oral and written) to Ministers/First Minister’s Questions. Debates. Committees/Enquiries. Voting. Examples of the above with reference to powers of Scottish Parliament including health, education, transport, justice, etc, and the additional powers included in the Scotland Act Since 2011 SNP majority government- in practice harder for opposition parties to oppose. Credit also references to when SNP was minority government ( ) and had to build consensus with regard to the Budget or law making. Alex Salmond stated soon after the election in 2011 that SNP aimed to ‘govern with consensus’. SNP dominate committee chairs but try to achieve consensus in decision making. Legislative Consent Motions (Sewel motions) – when the Scottish Parliament agrees to pass legislation produced in Westminster Other relevant points

Class: Debate a bill before its passed FM questions

Plan: To what extent are Members of the Scottish Parliament (MSPs) effective in holding the Scottish Government to account? Introduction – The MSPs are effective in holding the Government to account to some extent. Accountability is a founding principle of the Scottish Parliament. Referendum, Trams. FM question time – referendum – Salmond challenged about his plan B for the currency. Committees – Minimum pricing for alcohol – passed through the Scottish parliament challenged by SWA and upheld by European Court Debates – Prescription charges! Votes – Banning happy hours – bill passed debated and discussed, but still didn’t work in practice. Didn’t work in practice, legal loophole and businesses held alcohol sales instead of happy hours. Conclusion

The additional powers the Scottish Parliament has been given will allow it to better deliver “Scottish solutions to Scottish problems”. Discuss. SQA - Answers may refer to: The devolved powers of the Scottish Parliament include: Health Education Local Government Law Social Work and Housing Economic Development and Transport The Environment; Agriculture, Forestry and Fishing; Sport and the Arts Additional powers contained in the Scotland Act 2012 (from 2015) and closely follows the final recommendations of the review of devolution (Calman Commission): Scottish income tax rate to raise around 35% of revenue/Scotland-specific taxes (including stamp duty and landfill taxes) Airguns legislation; drink driving legislation; national speed limits Scottish Parliament will be able to borrow more money Scottish Parliament will be able to issue bonds to access cash from capital markets Implications of the 2014 referendum on independence

But UK Parliament controls (reserved powers): Most taxes and benefits Employment Constitutional arrangements including Acts of Parliament to grant further powers or independence to Scotland Examples of the Scottish Parliament delivering Scottish solutions to Scottish problems: Smoking ban in enclosed public spaces (before rest of UK) Free personal care for elderly Abolition of prescription charges No university tuition fees Issue for nationalists is that SP lacks power to fully deliver Scottish solutions to Scottish problems. Debate over ‘Devo Max’ – greater fiscal autonomy but stopping short of independence. Legislation on sectarianism, minimum pricing and compensation for asbestos sufferers*.

Calman Commission 1. Cutting basic and higher rates of income tax levied by the Government in Scotland by 10p in the pound, with a corresponding reduction in the block grant, calculated using the Barnett formula. 2. Giving Holyrood the power to set a Scottish income tax rate, applying to all bands. A 10p rate would replace the reduction in the block grant. 3. Devolving Stamp Duty Land Tax, Landfill Tax, Air Passenger Duty and the Aggregates Levy paid on mineral extraction to the Scottish Parliament. 4. Giving Scottish ministers additional borrowing powers to cover the cost of capital projects, or temporary shortfalls in their budget. 5. Devolving powers for the administration of Scottish elections. 6. Devolving the regulation of airguns. The Scottish justice minister has said he will use this to ban the weapons. 7. Devolving power to set drink-drive limits. SNP ministers want the limit cut from 80mg per 100ml of blood to 50mg, the equivalent of consuming half a pint of beer or a small glass of wine. 8. Devolving the power to set speed limits. 9. Devolving responsibility for nature conservation at sea. 10. Improving relations between Holyrood and Westminster by creating mechanisms for regular meetings and discussions between ministers, MPs and MSPs.

Scotland Act 2012 The fresh piece of legislation will allow MSPs to set income tax rates in Scotland and enable Holyrood to borrow more money. The coalition government at Westminster said it represented the biggest transfer of fiscal power to Scotland in more than 300 years. But the Scottish government believed the bill was a missed opportunity. As well as bringing in a new Scottish rate of income tax and borrowing powers worth £5bn, the Scotland Act (2012) will hand powers over air guns, drink-driving and speeding limits to Holyrood. It will also devolve stamp duty, land tax and landfill tax, and give the Scottish Parliament a role in appointments in broadcasting and the Crown Estate. In addition, there will be new procedures for Scottish criminal cases that go to the UK Supreme Court. The bill officially became law after receiving Royal Assent, but Holyrood will not be able to use the new powers until 2016.

Smith Commission Recommendations The Scottish parliament will have complete power to set income tax rates and bands. Holyrood will receive a proportion of the VAT raised in Scotland It will have increased borrowing powers, to be agreed with the UK government UK legislation will state that the Scottish parliament and Scottish government are permanent institutions. Holyrood will have power to extend the vote to 16- and 17-year-olds, allowing them to vote in the 2016 Scottish parliamentary election. It will have control over a number of benefits including disability living allowance, the personal independence payment, winter fuel payments and the housing elements of universal credit, including the under-occupancy charge (bedroom tax). It will have all powers of support for unemployed people through employment programmes, mainly delivered at present through the Work Programme.the Work Programme It will have control over air passenger duty charged on people flying from Scottish airports. Responsibility for the management of the crown estate’s economic assets in Scotland, including the crown estates’s seabed and mineral and fishing rights, and the revenue generated from these assets, will be transferred to the Scottish parliament.the crown estate’s economic assets The licensing of onshore oil and gas extraction underlying Scotland will be devolved to the Scottish parliament. The Scottish government will have power to allow public sector operators to bid for rail franchises funded and specified by Scottish ministers. The block grant from the UK government to Scotland will continue to be determined via the operation of the Barnett formula. Barnett formula MPs representing constituencies across the whole of the UK will continue to decide the UK’s budget, including income tax. The Scottish and UK governments will draw up and agree a memorandum of understanding to ensure that devolution is not detrimental to UK-wide critical national infrastructure in relation to matters such as defence and security, oil and gas and energy. Guardian: Smith Commission Recommendations

The additional powers the Scottish Parliament has been given will allow it to better deliver “Scottish solutions to Scottish problems”. Discuss Intro: Whilst the additional powers will allow the Scottish Parliament greater control over raising revenue which would indeed give more options to better deliver Scottish Solutions to Scottish problems, some believe the powers do not go far enough to truly make a difference. Difficult to judge because they cannot be used until Health – Life expectancy, free prescription charges already. Drink Driving and minimum pricing for alcohol. But Scottish Government has accused the UK coalition government of seeking to privatise the NHS – a SP can’t legislate against this. Education – Increased positive destinations for young people, Cof E. No tuition fees. Economy – Increased revenue raising powers – allowing them to stimulate the Scottish Economy further. BUT – no control over Welfare and therefore limited controls to reduce poverty. Conclusion: … Consider impact of Referendum – Smith commission proposals…

Impact of Independence Debate? Positives:Negatives