To what extent are the powers of the Scottish Parliament limited? Exam questions about the SP are likely to ask you about the powers of the SP For example, your prelim question… Analyse the legislative powers of Parliament. You might also be asked about restrictions of the power of the Scottish Parliament To what extent are the powers of Parliament limited?

To what extent are the powers of the Scottish Parliament limited? Class Discussion – are the powers of the SP limited? Think of examples of how the powers are limited and are not limited.

Copy the table below: Not limitedLimited Powers over devolved issues. E.g. health. Passed laws such as…Successful because…this shows how the powers of Parliament are not limited because… No power over reserved issues. E.g. defence. Example of how things happen to do with defence and SP has no control…this shows that powers of SP are limited because…

Copy the table below: Not limitedLimited Powers over devolved issues. E.g. health. Passed laws such as…Successful because…this shows how the powers of Parliament are not limited because… No power over reserved issues. E.g. defence. Example of how things happen to do with defence and SP has no control…this shows that powers of SP are limited because… Education…examples…success… therefore… Immigration…examples…SP has no control…therefore… Justice…examples…success… therefore… Welfare…examples…SP has no control…therefore… Recent developments – 2012 Scotland Act, Smith Commission, more powers…examples…success… therefore Powers still limited – many areas still not devolved, Sewell Convention, examples…SP has no control…therefore

To what extent are the powers of Parliament limited? (20 marks) Start this essay in class…finished for Monday Remember rules for introductions and conclusions Remember…marks for knowledge points, analysis and evaluative comments (mini- conclusions) DO NOT hand in a half-hearted attempt

Knowledge Marks (up to 8) Devolved Powers – examples – see hand- out issued Limits to powers – hand-out

Analysis Marks After giving examples, explain why this shows that the SP’s powers are limited or not

Evaluative Marks At the end of each paragraph, sum-up your conclusions as to the extent of power the SP has Also, in overall conclusion at the end…come to detailed overall conclusions about the limits on the power of the SP

Analysis and Evaluative Marks Up to 12 marks

Structure Marks (up to 2) Introduction, conclusion and paragraphs

To what extent are the powers of the Scottish Parliament limited?

Foreign Policy Knowledge - SP has no power in this area – it is reserved The Scottish Parliament can and has debated reserved matters, even though it cannot legislate on them. Debated the issue of the Iraq War (2003) even though it had no direct responsibility for defence or foreign affairs. Recent chemical weapons attacks by President Assad of Syria on his own people have sparked international outrage (2013). Alex Salmond, the Scottish First Minister has publically condemned what has happened. However, because defence is a reserved matter, only Westminster can make decisions on this.

Foreign Policy Analysis - Although SP can debate on issues such as the Iraq War, ultimately the decision to go to war lies with Westminster and therefore the powers of the SP are limited in this key political area Scottish soldiers died as a result of the conflict but the SP had no real say on the issue

Immigration and Asylum Seekers Knowledge - Asylum is one of the issues with local effects that is run entirely from London rather than being a devolved matter. Before its closure, campaigners against Dungavel (a Scottish immigration detention centre) called for the Scottish Government to be given the power to close it or at least speak out against it. A well-known example of when this power was used by Westminster is that of Precious Mhango and her mother Florence. Precious and her mother were held at the Dungavel Detention Centre after the visa they had when they entered the country, had run out. Precious and her mother faced deportation on instruction from the UK Home Office. Locals where they lived (Cranhill) campaigned for their release and SNP politician Anne McLaughlin wrote to the Home Secretary as they feared for the child’s safety if they returned to Malawi. The Home Secretary refused to step in to help Precious and her family. Analysis - Powers were limited as they could only refer people to the home office because it had no powers in this area. Eventually the centre was closed but this was a Westminster decision – SP did not have the final say, showing that the SP’s powers are limited

Immigration and asylum seekers Knowledge – In 2010, 1300 asylum seekers in Glasgow were in danger of being forced to leave the city because the UK Border Agency is no longer prepared to pay Glasgow City Council to house them. This resulted in a stand off between the UK government and Glasgow City Council. Eventually many of the asylum seekers were deported although some stayed after local campiagns Analysis – this shows that in this area, the SP’s hands are tied. Only Westminster can make decisions relating to asylum

Defence - Trident Knowledge - Trident is the country ’ s nuclear submarine system and is based at the Faslane Naval Base near Glasgow on the River Clyde. The UK government voted to keep it whilst the whole Scottish government voted against it. Key issue in independence referendum. Analysis - However the issue of renewing this is reserved by Westminster and the decision has now been made to keep it. This in spite of widespread opposition in Scotland with opinion polls showing that most Scots are against having nuclear weapons in the country.

Defence - Trident Knowledge - Alex Salmond has caused conflict by suggesting that because the matter is reserved and the Scottish Government cannot prevent Trident, the UK should have to pay transport through Scotland. Analysis – ultimately however, the decision on what to do in relation to these weapons lies with Westminster showing that the powers of the SP are indeed limited in this area

Welfare - Benefits Knowledge – Until recently, the SP had no power over the issue of welfare. The introduction in 2012 of Universal Credit and restrictions to benefits including the Under-Occupancy Charge (Bedroom Tax) were met with opposition in Scotland. The SNP Government in the SP voiced its complete opposition – as did the Labour opposition in the SP, along with the Greens. Analysis – These changes will however come into force in Scotland gradually over the next few years with some families already feeling the negative impact of the so- called “Bedroom Tax”. Although Scottish Councils have since been able to provide funding to compensate families affected by the Bedroom Tax, this was only after the UK Government gave them the ok. Ultimately, most issues to do with welfare are currently the sole responsibility of Westminster, shoeing that the powers of the SP are very much limited.

The Sewel Convention Knowledge - The Sewel Convention applies when the UK Parliament legislates on a matter which is devolved to the Scottish Parliament. It holds that this will happen only if the Scottish Government has given its consent. Lord Sewel: “ there will be instances where it would be convenient for legislation on devolved matters to be passed by the UK Parliament."

The Sewel Convention Knowledge - The UK government believes that the Sewel convention is practical and saves time in making legislation for both the UK and Scottish parliaments The Sewel motions have been used in: tobacco advertising, adoption and children, the carriage of guide dogs in private hire vehicles and sea fishing grants, but mainly in the justice area. Analysis – It could be argued that this shows that Westminster is the “senior partner” in the arrangement. Westminster can pass laws on devolved issues (albeit with the consent of the SP) but can the SP pass legislation on reserved issues? – NO!

SP’s powers not limited?

Use your Devolved Powers Hand-out Look at devolved areas, give examples of successful laws passed and explain how this shows that the powers of the SP are not limited. For example, health – smoking ban etc. Next few slides have other points you can use

Justice - Release of the Lockerbie bomber Knowledge - In 2009, the SG decided to release the so-called Lockerbie bomber Abdelbaset Ali al-Megrahi. He had been arrested in 2001 and charged with blowing up a plane in 1988 which lead to 270 fatalities. In 2009, Justice Minister Kenny MacAskill released him on “compassionate grounds”. He had been dying from cancer.

Justice - Release of the Lockerbie bomber Analysis – In spite of widespread opposition from various world leaders, the SP had absolute authority over any decisions made in relation to justice. Even though David Cameron (and indeed Barack Obama) publically condemned the SP and Alex Salmond etc. and urged the SNP to reconsider, Megrahi was released anyway, showing that in some ways the powers of the SP are most certainly not limited.

Scotland Act 2012 Knowledge - This followed recommendations 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. 1.Allow MSPs to set income tax rates in Scotland and enable Holyrood to borrow more money. 2.A new Scottish rate of income tax and borrowing powers worth £5bn 3.Powers over air guns, drink-driving and speed limits. 4.Stamp duty, land tax and landfill tax, among other things also devolved. Analysis – The Scotland Act gave more powers to the Scottish Parliament in relation to tax and other areas showing that its powers are no longer limited in these areas. As a result Scotland has more control over its own future without being hampered by interference from Westminster.

Scottish Independence Referendum 2014 Knowledge - 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 Knowledge - 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…

Smith Commission Report, 2014 Knowledge - 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

Smith Commission Report, 2014 Analysis – although Scotland did not gain independence in 2014, it is likely to gain more powers as a result of the Smith Commission’s recommendations meaning that its powers will be less restricted by Westminster. However, critics of the Commission believe the recommendations fall short of the powers Scotland should have and are sceptical on whether or not Westminster will grant these new powers fully.

Work for Today… Continue with essay Intro, several paras, conclusion Finish for Friday 6.2