Scotland Act 1978
Encyclopedia
The Scotland Act 1978 was an Act
of the Parliament of the United Kingdom
intended to establish a Scottish Assembly
as a devolved
legislature
for Scotland
. At a referendum held in the following year, the Act failed to gain the necessary level of approval required by a controversial amendment, and was never put into effect.
's groundbreaking win for the Scottish National Party
in the Hamilton by-election, 1967
, the United Kingdom government responded to the growing support for Scottish independence
by setting up the Royal Commission on the Constitution
, better known as the Kilbrandon Commission (1969–1973). In response to the Royal Commission's report, the Labour
government brought forward proposals to establish a Scottish Assembly. In November 1977 a Scotland Bill providing for the establishment of a Scottish Assembly was introduced; it received the Royal Assent
on 31 July 1978.
MP - but both died in 1978.
Assembly members would have been elected by the "first past the post" system. The Scottish Assembly would have had the power to introduce primary legislation, to be known as "Measures" (rather than Acts) within defined areas of competence.
Meetings of the Scottish Assembly would have been held at the Old Royal High School in Regent Road, Edinburgh; the former school hall was adapted for use by the Scottish Assembly, including the installation of microphones and new olive green leather seating.
Some other new offices would also have been created, such as a Comptroller and Auditor General for Scotland.
to be held in Scotland to approve the Act's coming into force; the referendum was held on 1 March 1979.
During its passage through Parliament, an amendment
introduced by George Cunningham
(a Scot who represented an English
seat) added a further requirement that the approval at the referendum be by 40% of Scotland's total registered electorate, rather than by a simple majority
.
A total of 1,230,937 (51.6%) voted at the referendum in favour of an Assembly, a narrow majority
of about 77,400 over those voting against. However, this total represented only 32.9% of the registered electorate as a whole. The Labour government accepted that the Act's requirements had not been met, and that devolution would therefore not be introduced for Scotland.
Under the terms of the Act, the Act could then be repeal
ed by a Statutory Instrument
to be approved by Parliament. However, the government's decision to abandon devolution for Scotland led the Scottish National Party
to withdraw its support for the government. A subsequent vote of no confidence led to the resignation of the Callaghan government, and an election was called
. The vote to repeal the Act did not happen until 26 July 1979, by which time a Conservative government had come to power under Margaret Thatcher
.
was passed, leading to the establishment of a Scottish Parliament
. A key difference between the failed 1978 Act and its successful 1998 counterpart is that under the 1978 legislation a very limited number of specific powers would have been devolved to Scotland, whereas under the 1998 legislation it is the powers reserved to Westminster which are specifically limited; everything not mentioned in the 1998 Act is automatically the responsibility of the Scottish Parliament.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
intended to establish a Scottish Assembly
Scottish Assembly
The Scottish Assembly was a proposed legislature for Scotland that would have devolved a set list of powers from the Parliament of the United Kingdom...
as a devolved
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. At a referendum held in the following year, the Act failed to gain the necessary level of approval required by a controversial amendment, and was never put into effect.
Background
Following Winnie EwingWinnie Ewing
Winifred Margaret 'Winnie' Ewing is a Scottish nationalist, lawyer and prominent SNP politician who was formerly a Member of Parliament , Member of the European Parliament and Member of the Scottish Parliament...
's groundbreaking win for the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
in the Hamilton by-election, 1967
Hamilton by-election, 1967
The Hamilton by-election, in Hamilton, South Lanarkshire, Scotland, which took place on the 2nd of November 1967, was a milestone in the politics of Scotland...
, the United Kingdom government responded to the growing support for Scottish independence
Scottish independence
Scottish independence is a political ambition of political parties, advocacy groups and individuals for Scotland to secede from the United Kingdom and become an independent sovereign state, separate from England, Wales and Northern Ireland....
by setting up the Royal Commission on the Constitution
Royal Commission on the Constitution (United Kingdom)
The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission or Kilbrandon Report, was a long-running royal commission set up by Harold Wilson's Labour government to examine the structures of the constitution of the United Kingdom and the British Islands and the...
, better known as the Kilbrandon Commission (1969–1973). In response to the Royal Commission's report, the Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government brought forward proposals to establish a Scottish Assembly. In November 1977 a Scotland Bill providing for the establishment of a Scottish Assembly was introduced; it received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 31 July 1978.
The proposed Scottish Assembly
Had the Scotland Act 1978 entered force, it would have created a Scottish Assembly with very limited legislative powers. There would have been a Scottish Executive headed by a "First Secretary", taking over some of the functions of the Secretary of State for Scotland. Two possible contenders for the post of First Secretary were the Reverend Geoff Shaw, leader of Strathclyde Regional Council, and Professor John P MackintoshJohn Mackintosh
John Pitcairn Mackintosh was a British Labour Party politician known for his defence of devolution and the concept of dual nationality; that Scots could be both Scottish and British....
MP - but both died in 1978.
Assembly members would have been elected by the "first past the post" system. The Scottish Assembly would have had the power to introduce primary legislation, to be known as "Measures" (rather than Acts) within defined areas of competence.
Meetings of the Scottish Assembly would have been held at the Old Royal High School in Regent Road, Edinburgh; the former school hall was adapted for use by the Scottish Assembly, including the installation of microphones and new olive green leather seating.
Some other new offices would also have been created, such as a Comptroller and Auditor General for Scotland.
The controversial "40%" rule
The Scotland Act included a requirement for a "post-legislative" referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
to be held in Scotland to approve the Act's coming into force; the referendum was held on 1 March 1979.
During its passage through Parliament, an amendment
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
introduced by George Cunningham
George Cunningham
George Cunningham is a British politician.Cunningham was educated at Dunfermline High School, Blackpool Grammar School and the University of Manchester. He worked for the Labour Party as Commonwealth officer....
(a Scot who represented an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
seat) added a further requirement that the approval at the referendum be by 40% of Scotland's total registered electorate, rather than by a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
.
A total of 1,230,937 (51.6%) voted at the referendum in favour of an Assembly, a narrow majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
of about 77,400 over those voting against. However, this total represented only 32.9% of the registered electorate as a whole. The Labour government accepted that the Act's requirements had not been met, and that devolution would therefore not be introduced for Scotland.
Under the terms of the Act, the Act could then be repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed by a Statutory Instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
to be approved by Parliament. However, the government's decision to abandon devolution for Scotland led the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
to withdraw its support for the government. A subsequent vote of no confidence led to the resignation of the Callaghan government, and an election was called
United Kingdom general election, 1979
The United Kingdom general election of 1979 was held on 3 May 1979 to elect 635 members to the British House of Commons. The Conservative Party, led by Margaret Thatcher ousted the incumbent Labour government of James Callaghan with a parliamentary majority of 43 seats...
. The vote to repeal the Act did not happen until 26 July 1979, by which time a Conservative government had come to power under Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
.
The successful Scotland Act twenty years later
In 1998 a new Scotland ActScotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
was passed, leading to the establishment of a Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. A key difference between the failed 1978 Act and its successful 1998 counterpart is that under the 1978 legislation a very limited number of specific powers would have been devolved to Scotland, whereas under the 1998 legislation it is the powers reserved to Westminster which are specifically limited; everything not mentioned in the 1998 Act is automatically the responsibility of the Scottish Parliament.
External links
- Chapter 1, Events Prior to 1 May 1997, The 1979 Referendum, The Holyrood Inquiry