1. Devolved and Reserved Powers Higher/N5 Modern Studies

2. Today we will…
Identify the different powers of the Scottish Parliament.
Describe the role of the Smith Commission

3. Success Criteria
I can complete a paired reading on the devolved powers of the Scottish Parliament.
I can answer HOTS questions on the devolved powers.
I can list reserved powers and explain their importance.
I can paraphrase the main ideas behind the Smith Commission

4. The Role of the Scottish Parliament
The 1998 Scotland Act created the Scottish Parliament.
Newly elected MSPs swear allegiance to the Queen.
All bills passed by the Scottish Parliament have to receive Royal Assent by the Monarch before they become law.

5. The Scottish Parliament
The Scottish Parliament is funded by an annual budget from the UK parliament of around £30 billion (Block Grant).
Has the power to make laws on a range of ‘devolved’ issues.
Health
Education
Tourism
Culture and Sport
Justice

6. Legislative Powers These are LAW-MAKING or DECISION-MAKING powers
In Scotland, the Scottish Parliament has some legislative powers (devolved powers) whilst the UK Parliament also has legislative powers (reserved powers)

7. Recent Legislation…
The following slides contain examples of recent bills introduced and laws passed by the Scottish Parliament
The examples you will see are in relation to JUSTICE
Justice is a devolved area so only the Scottish Parliament can pass laws related to it

8. Justice Prisoners (Control of Release) (Scotland) Bill
Prisoners are currently eligible to apply for parole after serving half of their sentence.
Experts have raised concerns about prisoners being released "cold" after serving all of their sentence in prison, rather than spending some of it supervised on licence in the community.
The Bill ensures that no prisoners serving time for serious offences would be automatically released on licence after two thirds of their sentence.
Ms Sturgeon said: "The safety of the public is an absolute priority of this government, and we have made significant progress in recent years, with an additional 1,000 police officers on our streets and recorded crime now at its lowest level in 40 years."

9. Prisoners (Control of Release) (Scotland) Bill
This bill is currently being scrutinised by the Justice Committee

10. Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014
This change means Scotland's blood alcohol limit would be cut from 80mg to 50mg in every 100ml of blood.
It would mean the legal limit in Scotland would be lower than in England - where the limit is 80mg in blood.
In practice the change in Scotland means a glass of wine or a pint of beer would put a driver over the legal limit.
The Scottish Government says drinking and driving shattered families and communities, and that it was time to take action to reduce the risk on the country's roads.

11. Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014
England has the highest drink driving levels in Europe.
Following in Scotland’s footsteps, the Police Federation for England Wales have called for limit to be reduced in line with Scotland.
They have said female drink-driving levels are not falling quickly enough as warnings are not "getting through".
This is an example of how the laws can vary significantly in England and Scotland.

12. Justice
- Forced Marriage
- Children and young people act

13. Forced Marriage etc. (Protection and Jurisdiction) Act (2011)
Makes forced marriages illegal in Scotland
Parents who force child into marriage could face up to 2 years in prison
Forced marriages most common amongst Scottish Muslim families

14. Lesson Starter
Do you think Scotland should get more powers? If yes, what powers would you suggest Scotland should get?

15. Offensive Behaviour at Football and Threatening Communications (Scotland) Act (2012)
JUSTICE
YouGov survey shows 80% of Scots support the legislation.
Offensive behaviour at football matches has decreased since the legislation was introduced, and strong support from police and prosecutors who said the laws had brought a new ‘simplicity and clarity’ to dealing with incidents.
charges brought so far.
Some have claimed the Act is "unhelpful and counter-productive" in its ill-defined means, not to mention the way the legislation has resulted in a higher incidence of alleged police harassment of football fans.

16. Abolition of Student Tuition Fees (2000) EDUCATION
Free Prescriptions
HEALTH
High cost- Conservatives argued that the Law was unsustainable as the cost of providing them went up by £30 million.
However, Scotland’s health secretary Shona Robison hit back and said Scottish patients benefitted from not being hit by charges for non-exempt patients in England that are due to rise to £8.20.
Ms Robison said: “Free prescriptions in Scotland mean that no-one is forced to decide which prescribed medicine they can afford and which they will have to go without.
Abolition of Student Tuition Fees (2000)
EDUCATION
Helps the poorest students to get into higher education.
£9000 a year in England
However, some students from some backgrounds may still struggle to gain access into the elite universities and also higher drop out rates.

17. Smoking Ban
HEALTH
78% of people supported the law.
Hugely beneficial, health of bar workers had improved and there had been a reduction in children's exposure to second hand smoke.
However, there is no evidence as yet that smokers have given up smoking in huge numbers because of the legislation

18. HOTS Questions Devolved Power/ Law HOTS Question Free Prescriptions
Health
EVALUATING
What are the pros and cons of this?
What changes would you recommend to this bill? If any?
Road Traffic (Amendment) Bill.
JUSTICE
Why did the Scottish Government choose to introduce this?
What do you think the consequences of this new law will be?
Offensive Behaviour at Football and Threatening Communications (Scotland) Act (2012)
Was the Scottish Government right to introduce this law?
Can you find any evidence to show that this law might not be working (ANALYSING)
Abolition of Student Tuition Fees (2000)
EDUCATION
(ANALYSING)
What was the purpose of introducing this law?
What would the alternative be? (EVALUATING)
Children and Young People Act 2014
HEALTH AND SOCIAL CARE
EVALUATING
What was the purpose of free school meals for P1-P3? (ANALYSING)

19. Recent Developments in relation to the legislative powers of the Scottish Parliament
Scotland Act (2012)
Independence Referendum
Smith Commission
Scotland Act (2016)

20. 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. 20

21. 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:// 21

22. 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:// 22

23. 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:// 23

24. Scotland Act 2012
This followed recommendations were made in the Calman Commission Report of 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.
Allow MSPs to set income tax rates in Scotland and enable Holyrood to borrow more money.
A new Scottish rate of income tax and borrowing powers worth £5bn
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.

25. 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

26. 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…

27. 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
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 devolved should be considered

28. 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

29. 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.

30. 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.

31. To what extent are the powers of Parliament limited?
Give evidence to show that the powers of the Scottish Parliament are limited.
Add EVALUATION AND ANALYSIS- say how your evidence shows that it is not limited.

32. HIGHER ESSAY PRACTICE
When writing essay you need STRUCTURE. Try to answer the previous Question using the structure below
P - Point - sentence introducing your point.
E - Explain- Expand your point, what are the details?
E- Example - Give an example to back up your point and analyse this.
L – Link back to the question with analysis.
B – Balance - provide a counter point / the other side of the argument. Try and use the phrase “HOWEVER” in the paragraphs. Each balance point should also have EXPLANATION and an EXAMPLE with analysis.
Mc - Mini Conclusion relating to the question

33. Making a law in the Scottish Parliament
This activity can be done as a class or done individually on separate computers.

34. 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.

35. 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)

36. 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 included Alex Salmond occasionally travelling abroad to promote Scottish trade and culture.
For example, Alex Salmond made three official visits to China when he was FM.
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.

37. Trident

38. 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.
In the run up to the General Election (UK) 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- with more SNP MPs in the House of Commons (UK Parliament) then they could have slightly more influence.

40. 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.

41. Welfare The Bedroom Tax
In April 2013 the UK Government introduced a tax on spare bedrooms for people living in housing association houses.
Bedroom Tax (also known as under occupancy charge or the Spare Room Subsidy) is a change to Housing Benefit Entitlement that means people will receive less in housing benefit if they live in a housing association or council property that is deemed to have one or more spare bedrooms.
This Tax was applied in Scotland too.
Scottish Government pledged £35million to councils last year to help those affected by the tax.
This shows that the SG oppose a law that Westminster have passed but they can do very little to change it.
After the 2015 General Election the Conservatives may make more welfare cuts and SG will not be able to oppose.
Scotland may be able to get balance out the issue due to new Welfare/Tax powers from the Scotland Act (2016)

42. Reserved Power/ Law HOTS Question FOREIGN POLICY Nuclear Weapons
EVALUATING
What are the pros and cons of foreign policy remaining reserved?
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)

43. Exam Task Analyse the legislative powers of Parliament – 12 marks
Evaluate the impact of legislation passed by Parliament – 12 marks
Evaluate the importance of the legislative powers of Parliament – 12 marks
To what extent are the powers of parliament limited? (20)

44. Want to know more?
If you want to know more about this section, go online and access Modernity Scotland.

45. Was I successful?
I can complete a paired reading on the devolved powers of the Scottish Parliament.
I can list reserved powers and explain their importance.
I can paraphrase the main terms of the Scotland Act 2012.