Scottish Assembly
Encyclopedia
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
. The Labour
Government led the Scotland Act 1978
through Westminster
which provided for the establishment of the Scottish Assembly.
Although Scotland voted in favour of the Act in a referendum on 1 March, 1979, the Labour Government in London refused to accept the result, and repealed the Act, inadvertently causing its own downfall when the Scottish National Party
refused to support it in a later vote of no confidence. Home rule
for Scotland
would not become a reality until 1999 following the Scotland Act 1998
establishing the Scottish Parliament
.
was a long-held political priority for many individuals and organisations. The drive for home rule first took concrete shape in the nineteenth century, as demands for it in Ireland
were met with similar (although not as widespread) demands in Scotland.
was established. This body was close to the Conservatives
and was motivated by a desire to secure more focus on Scottish problems in response to what they felt was undue attention being focused on Ireland by the then Liberal
government.
This body was concerned with increasing the attention that Scotland was receiving and did not advocate legislative devolution in the form of an assembly as such, but nevertheless, it marked the beginning of a political focus on Scotland.
Shortly after this, the Liberals began to commit to home rule. In 1871, William Ewart Gladstone
stated at a meeting held in Aberdeen that if Ireland was to be granted home rule, then the same should apply to Scotland. In 1885 the post of Secretary for Scotland was re-established as the demands for greater political focus on Scotland grew. In the following year Gladstone introduced a home rule bill for Ireland helping to prompt the formation of the Scottish Home Rule Association, a nominally non-partisan political organisation, but actually closely tied with the Liberals, which aimed for the establishment of an assembly.
allies were in power (the two combined usually referred to be the single moniker "Unionist"), and home rule did not feature as part of their plans. However, the return of a Liberal government in 1905 gave great hope to those seeking an assembly, as the Liberals were officially committed to the idea. But it did not feature as an immediate priority of government, and by the time a Scottish home rule bill was presented to the Westminster Parliament
in 1913, the legislative process to pass it was interrupted by the First World War
.
After the war a second Scottish Home Rule Association was formed (the first had fallen into inactivity). This was driven not only by Liberals but also by those involved in the growing Labour Party
and the Independent Labour Party
in particular. The Labour Party, formed in 1900, was formally committed to establishing an assembly for Scotland and this seemed to increase prospects for home rule.
The demands for political change in the way in which Scotland was run changed dramatically in the 1920s when Scottish nationalists started to form various organisations. The Scots National League
was formed in 1920 in favour of Scottish independence
, and this movement was superseded in 1928 by the formation of the National Party of Scotland
, which became the Scottish National Party
(SNP) in 1934.
At first the SNP sought only the establishment of a devolved Scottish assembly, but in 1942 they changed this to support all-out independence. This caused the resignation of John MacCormick
from the SNP and he formed the Scottish Covenant Association
. This body proved to be the biggest mover in favour of the formation of a Scottish assembly, collecting over two million signatures in the late 1940s and early 1950s and attracting support from across the political spectrum. However, without formal links to any of the political parties it withered, and devolution and the establishment of an assembly were put on the political back burner.
However, by the 1960s the SNP's support was growing, as shown by their spectacular victory in the 1967 Hamilton by-election
. The pro Uniont
parties responded by committing themselves to supporting devolution. The Labour
government formed the Kilbrandon Commission
to draw up devolution plans, and Edward Heath
committed the Conservatives to supporting some form of devolution at the 1968 Scottish Conservative Conference in Perth
(commonly known as his Declaration of Perth
).
However the SNP had a disappointing result in the 1970 general election
, and for the first part of the 1970s devolution under Heath's government was off the cards. But significant SNP advances in the general elections in 1974 brought the issue to the fore again.
In 1978 the Labour government passed the Scotland Act
which legislated for the establishment of a Scottish Assembly, provided the Scots voted for such in a referendum. However, the Labour Party was bitterly divided on the subject of devolution. Despite officially favouring it, vast numbers of members opposed the establishment of an assembly, and this division caused the failure to reach the required 40% of the electorate voting in favour of an assembly (that itself was a quota only added to the Scotland Act by an amendment proposed by a Labour MP).
The ensuing general election
in 1979 proved electorally disastrous for both Labour and the SNP, and it seemed that the prospects for a Scottish Assembly were remote. However, in the early 1980s a number of Labour Party and SNP members decided to form the Campaign for a Scottish Assembly
, which pamphleteered and lobbied for devolution. This campaign, combined with growing resentment at the fact that despite a majority of Scots voting against the Conservatives they were forming their government, increased demands for the establishment of a devolved Scottish Assembly.
. 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. Members would have been elected by the "first past the post" system.
The Scottish Assembly would have been able to add to Scots law using a "Measures of the Scottish Assembly" system. This form of legislation would not not receive royal assent
like Acts of Parliament do. Instead, the legislation is signed via an Order in Council, which the monarch signs and appends to the Assembly Measure once passed.
The areas of responsibility included:
Responsibility for agriculture, fisheries and food would be divided between the Assembly and the United Kingdom government, while the latter would retain control of electricity supply.
Two possible contenders for the post of First Secretary were the Reverend Geoff Shaw, leader of Strathclyde Regional Council, and Professor John P Mackintosh MP - but both died in 1978.
was formed encompassing the Labour Party and the Lib-Dems as well as other parties, local authorities, and huge sections of "civic Scotland". Its purpose was to devise a scheme for the formation of a devolution settlement for Scotland. Suddenly the prospects for a Scottish Assembly seemed much brighter, despite the fact the SNP decided not to take part as they felt that independence would not be a constitutional option countenanced by the convention.
The convention produced its final report in 1995 and, with the return of a Labour government in 1997, devolution seemed assured. Later that year the Scottish people voted overwhelmingly in favour of establishing the devolved Scottish Parliament
in a referendum, and the first elections for that body took place in 1999.
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...
that would have 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...
a set list of powers from 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...
. 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 led the Scotland Act 1978
Scotland Act 1978
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...
through Westminster
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...
which provided for the establishment of the Scottish Assembly.
Although Scotland voted in favour of the Act in a referendum on 1 March, 1979, the Labour Government in London refused to accept the result, and repealed the Act, inadvertently causing its own downfall when 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....
refused to support it in a later vote of no confidence. Home rule
Home rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....
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...
would not become a reality until 1999 following the Scotland Act 1998
Scotland 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:...
establishing the 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...
.
History
A devolved Scottish Assembly that would have some form of legislative powers in jurisdiction over ScotlandScotland
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...
was a long-held political priority for many individuals and organisations. The drive for home rule first took concrete shape in the nineteenth century, as demands for it in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
were met with similar (although not as widespread) demands in Scotland.
19th Century
In 1853 the National Association for the Vindication of Scottish RightsNational Association for the Vindication of Scottish Rights
The National Association for the Vindication of Scottish Rights was established in 1853. The first body to publicly articulate dissatisfaction with the Union since the Highland Potato Famine and the nationalist revolts in mainland Europe during the 1840s, it was closely associated with the Tories...
was established. This body was close to the Conservatives
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
and was motivated by a desire to secure more focus on Scottish problems in response to what they felt was undue attention being focused on Ireland by the then Liberal
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
government.
This body was concerned with increasing the attention that Scotland was receiving and did not advocate legislative devolution in the form of an assembly as such, but nevertheless, it marked the beginning of a political focus on Scotland.
Shortly after this, the Liberals began to commit to home rule. In 1871, William Ewart Gladstone
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
stated at a meeting held in Aberdeen that if Ireland was to be granted home rule, then the same should apply to Scotland. In 1885 the post of Secretary for Scotland was re-established as the demands for greater political focus on Scotland grew. In the following year Gladstone introduced a home rule bill for Ireland helping to prompt the formation of the Scottish Home Rule Association, a nominally non-partisan political organisation, but actually closely tied with the Liberals, which aimed for the establishment of an assembly.
Early 20th Century
From 1895 to 1905 the Conservatives and their Liberal UnionistLiberal Unionist Party
The Liberal Unionist Party was a British political party that was formed in 1886 by a faction that broke away from the Liberal Party. Led by Lord Hartington and Joseph Chamberlain, the party formed a political alliance with the Conservative Party in opposition to Irish Home Rule...
allies were in power (the two combined usually referred to be the single moniker "Unionist"), and home rule did not feature as part of their plans. However, the return of a Liberal government in 1905 gave great hope to those seeking an assembly, as the Liberals were officially committed to the idea. But it did not feature as an immediate priority of government, and by the time a Scottish home rule bill was presented to the Westminster Parliament
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...
in 1913, the legislative process to pass it was interrupted by the First World War
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
.
After the war a second Scottish Home Rule Association was formed (the first had fallen into inactivity). This was driven not only by Liberals but also by those involved in the growing Labour Party
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...
and the Independent Labour Party
Independent Labour Party
The Independent Labour Party was a socialist political party in Britain established in 1893. The ILP was affiliated to the Labour Party from 1906 to 1932, when it voted to leave...
in particular. The Labour Party, formed in 1900, was formally committed to establishing an assembly for Scotland and this seemed to increase prospects for home rule.
The demands for political change in the way in which Scotland was run changed dramatically in the 1920s when Scottish nationalists started to form various organisations. The Scots National League
Scots National League
The Scots National League were a body seeking Scottish independence in the early 1920s. They were formed in 1921 largely at the efforts of Ruairidh Erskine of Mar and William Gillies....
was formed in 1920 in favour of 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....
, and this movement was superseded in 1928 by the formation of the National Party of Scotland
National Party of Scotland
The National Party of Scotland was a political party in Scotland and a forerunner of the current Scottish National Party.The NPS was formed in 1928 after John MacCormick of the Glasgow University Scottish Nationalist Association called a meeting of all those favouring the establishment of a party...
, which became 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....
(SNP) in 1934.
At first the SNP sought only the establishment of a devolved Scottish assembly, but in 1942 they changed this to support all-out independence. This caused the resignation of John MacCormick
John MacCormick
John MacDonald MacCormick was a lawyer and advocate of Home Rule in Scotland.-Early life:...
from the SNP and he formed the Scottish Covenant Association
Scottish Covenant Association
The Scottish Covenant Association was a non-partisan political organisation in Scotland in the 1940s and 1950s seeking to establish a devolved Scottish Assembly...
. This body proved to be the biggest mover in favour of the formation of a Scottish assembly, collecting over two million signatures in the late 1940s and early 1950s and attracting support from across the political spectrum. However, without formal links to any of the political parties it withered, and devolution and the establishment of an assembly were put on the political back burner.
However, by the 1960s the SNP's support was growing, as shown by their spectacular victory in the 1967 Hamilton by-election
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 pro Uniont
Unionists (Scotland)
Unionism in Scotland is the belief in that Scotland should remain in the United Kingdom in its present structure as one of the countries of the United Kingdom. There are many strands of political Unionism in Scotland, as well as sympathisers with Unionism in Northern Ireland...
parties responded by committing themselves to supporting devolution. 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 formed the Kilbrandon Commission
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...
to draw up devolution plans, and Edward Heath
Edward Heath
Sir Edward Richard George "Ted" Heath, KG, MBE, PC was a British Conservative politician who served as Prime Minister of the United Kingdom and as Leader of the Conservative Party ....
committed the Conservatives to supporting some form of devolution at the 1968 Scottish Conservative Conference in Perth
Perth, Scotland
Perth is a town and former city and royal burgh in central Scotland. Located on the banks of the River Tay, it is the administrative centre of Perth and Kinross council area and the historic county town of Perthshire...
(commonly known as his Declaration of Perth
Declaration of Perth
The Declaration of Perth was a statement made by British Conservative Party leader Edward Heath at the party conference in Perth, Scotland in 1968, which committed the party to supporting some form of Scottish devolution.- Background :...
).
1970s
United Kingdom general election, 1970
The United Kingdom general election of 1970 was held on 18 June 1970, and resulted in a surprise victory for the Conservative Party under leader Edward Heath, who defeated the Labour Party under Harold Wilson. The election also saw the Liberal Party and its new leader Jeremy Thorpe lose half their...
, and for the first part of the 1970s devolution under Heath's government was off the cards. But significant SNP advances in the general elections in 1974 brought the issue to the fore again.
In 1978 the Labour government passed the Scotland Act
Scotland Act 1978
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...
which legislated for the establishment of a Scottish Assembly, provided the Scots voted for such in a referendum. However, the Labour Party was bitterly divided on the subject of devolution. Despite officially favouring it, vast numbers of members opposed the establishment of an assembly, and this division caused the failure to reach the required 40% of the electorate voting in favour of an assembly (that itself was a quota only added to the Scotland Act by an amendment proposed by a Labour MP).
The ensuing general election
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...
in 1979 proved electorally disastrous for both Labour and the SNP, and it seemed that the prospects for a Scottish Assembly were remote. However, in the early 1980s a number of Labour Party and SNP members decided to form the Campaign for a Scottish Assembly
Campaign for a Scottish Assembly
The Campaign for a Scottish Assembly was formed in the aftermath of the 1979 referendum that failed to establish a devolved Scottish Assembly....
, which pamphleteered and lobbied for devolution. This campaign, combined with growing resentment at the fact that despite a majority of Scots voting against the Conservatives they were forming their government, increased demands for the establishment of a devolved Scottish Assembly.
Structure
Had the Scotland Act 1978 entered force, it would have created a Scottish Assembly with 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 ScotlandSecretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...
. Meetings of the Scottish Assembly would have been held at the Old Royal High School
New Parliament House, Edinburgh
The Old Royal High School is the name commonly given to a historic building on Calton Hill in Edinburgh which formerly housed the school of that name. The metonym Regent Road, from the street address, is used within the school community to distinguish it from the school's other past sites...
in Regent Road, Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
. The former school hall was adapted for use by the Scottish Assembly, including the installation of microphones and new olive green leather seating. Members would have been elected by the "first past the post" system.
Powers and legislation
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. Some other new offices would have been created, such as a Comptroller and Auditor General for Scotland.The Scottish Assembly would have been able to add to Scots law using a "Measures of the Scottish Assembly" system. This form of legislation would not not receive 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...
like Acts of Parliament do. Instead, the legislation is signed via an Order in Council, which the monarch signs and appends to the Assembly Measure once passed.
The areas of responsibility included:
- Education
- The environment
- Health
- Home affairs
- Legal matters
- Social services
Responsibility for agriculture, fisheries and food would be divided between the Assembly and the United Kingdom government, while the latter would retain control of electricity supply.
Two possible contenders for the post of First Secretary were the Reverend Geoff Shaw, leader of Strathclyde Regional Council, and Professor John P Mackintosh MP - but both died in 1978.
Scottish Constitutional Convention
In 1989 the Scottish Constitutional ConventionScottish Constitutional Convention
The Scottish Constitutional Convention was an association of Scottish political parties, churches and other civic groups, that developed a framework for a Scottish devolution. It is credited as having paved the way for the establishment of the Scottish Parliament in 1999.The Convention was...
was formed encompassing the Labour Party and the Lib-Dems as well as other parties, local authorities, and huge sections of "civic Scotland". Its purpose was to devise a scheme for the formation of a devolution settlement for Scotland. Suddenly the prospects for a Scottish Assembly seemed much brighter, despite the fact the SNP decided not to take part as they felt that independence would not be a constitutional option countenanced by the convention.
The convention produced its final report in 1995 and, with the return of a Labour government in 1997, devolution seemed assured. Later that year the Scottish people voted overwhelmingly in favour of establishing the devolved 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...
in a referendum, and the first elections for that body took place in 1999.