Allan Wilson MSP
Cunninghame North

Policy Briefings

 


 

The Powers of the Parliament  
Briefing published - February 2001
 


Background

There has been a significant amount of debate in recent times about the powers of the Scottish Parliament. Certain parties within the Parliament have been arguing that power over more issues should be devolved and a Conservative MP recently argued that fiscal control should be handed over to the Parliament. However, others believe that the Parliament has enough power at the moment and that any further devolution could lead to the "break-up of Britain". What do you think?     


 
Q1. What powers does the Scottish Parliament currently have?

A1. The Scottish Parliament has wide-ranging powers to implement policy on all matters affecting the people of Scotland, except where policy would impact on the rest of the United Kingdom.  The Scottish Parliament can legislate on matters of health, education, economic development, transport, leisure, tourism, local government, crime and the environment.  The Scottish Parliament also has the power to vary the level of taxation in Scotland within 3% of the level of taxation set by Westminster.

Q2. What powers are reserved to Westminster?

There are several areas of national policy, which are reserved to Westminster, and the Scottish Parliament has no power over.  Foreign and Defence policy are debated and legislated at Westminster, as are employment, social security and fiscal policy, as these policies affect the United Kingdom as a whole.  Also economic decisions including the nationalisation or privatisation of national utilities are taken at Westminster.  As Scotland is still an integral part of the United Kingdom, the national policies listed above are beyond the jurisdiction of the Scottish Parliament.

Also, any further constitutional decisions are reserved for Westminster.  Therefore Westminster would have to agree to any possible future binding referendum on Scottish independence.

Q3. What fiscal powers does the parliament have?

The Scottish Parliament has the power to raise, or lower income tax within 3% of the level set at Westminster.  However, the Scottish Executive has stated that these powers will not be used in the lifetime of this parliament.  Fiscal policies such as exchange and interest rates are out with the mandate of the Scottish Parliament.  These fiscal policies cannot be set independently from Westminster without affecting the British economy as a whole.  It is therefore necessary that national economic decisions are debated and legislated by the UK government at Westminster.

Q4. What arguments are there for extending the parliament's powers?

There are people who argue that as long as the powers of the Scottish Parliament are limited as they are now, the Parliament cannot debate and legislate effectively on all the issues that affect the lives of the people of Scotland.  For example, there has been sustained opposition by many Scots to Scotland housing the Trident nuclear submarine base at the Faslane naval base.  Despite this, as long as defence policy is reserved to Westminster there is no prospect for the Scottish parliament legislating on matters such as Trident.  Trident however is extremely relevant to the people of Scotland as its implications are not only limited to the defence of the realm, but also the environment and employment.  Scottish Nationalists especially have argued therefore that defence and other issues should be discussed and legislated on at Holyrood as these issues affect the people of Scotland.

Q5. What are the views of the various political parties on the powers of the parliament?

The Scottish Nationalist Party (SNP) have consistently called for increased powers at Holyrood.  The SNP argue that the parliament is ineffective as it is constrained to tightly by Westminster and can therefore not govern Scotland successfully.  The Liberal Democrats and the Scottish Labour Party argue however that to increase the powers of the Parliament would increase the risk of sliding towards independence, which could be disastrous for Scotland.  The Lib Dems and the Labour Party see the Parliament as a voice for the Scottish people within the United Kingdom, and not as a tool for dividing the country, and by considerably increasing the powers at Holyrood, conflict between Scotland and Westminster could emerge.  The Conservatives argue that to increase the powers of the Scottish Parliament at all would inevitably lead to Scottish independence and that this would be a catastrophe for Scotland and the UK as a whole.

Q6. Was it not a Conservative MP who suggested that the Scottish Parliament should have more powers?

This is indeed correct.  A senior Conservative Westminster MP, David Davis has argued that the Scottish Parliament’s tax raising powers should not be limited to 3% of the level set at Westminster.  He went even further by suggesting that the Scottish Parliament should be given a substantial portion of North Sea Oil revenue.  Davis argued that this would give the parliament jurisdiction over enough finance to cover Scotland’s spending.  Davis pointed out that this would make MSPs responsible and accountable for the money they spend.

Despite the comments made by Mr Davis, they are not Conservative Party policy and it is likely that many Conservative MSPs and MPs do not share Mr Davis’ views.

Q7. Can we ever have any control over our destiny without independence?

The SNP argue that the Scottish Parliament is a stepping stone to the ultimate goal of Scottish independence, and only when that final goal is reached can the Scots have the opportunity of true self-determination.  However, the other three major parties all agree that Scotland’s future remains embedded in the United Kingdom, and that independence would weaken the position of the Scotland and the Scottish people. 

The Scottish Parliament gives the Scottish people a forum for discussion with the power to take decisions on key policy issues to all of the people of Scotland including health, education, employment, transport and crime.  This gives the Scottish people more control over their destiny than ever before while enjoying union with the rest of the United Kingdom.

 

 

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Allan Wilson MSP 01294 605040 (Office)
or 07711038711 (Mobile)

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