Scottish Parliament

Scottish Parliament Pàrlamaid na h-Alba
Scottish Parliament Building Debating chamber
Established	1999 by the Scotland Act 1998
Presiding Officer	Alex Fergusson MSP (Con) Since May 14 2007
Deputy Presiding Officers	Trish Godman MSP (Lab) Alasdair Morgan MSP (SNP)
Minister for Parliamentary Business	Bruce Crawford MSP (SNP)
Political parties	6 SNP (47) Labour (46) Conservatives (16) LibDem (16) Green (2) Ind (1)
Members	129
Committees	16 Audit Equal Opportunities Europe and External Relations Finance Procedures Public Petitions Standards and Public Appointments Subordinate Legislation Economy, Energy and Tourism Education, Lifelong Learning and Culture Health and Sport Justice Local Government and Communities Rural Affairs and Environment Scottish Parliamentary Pensions Scheme Transport, Infrastructure and Climate Change
Last election	May 3 2007
Next election	May 5 2011
Meeting place	Holyrood, Edinburgh, Scotland
Website	www.scottish.parliament.uk

The Scottish Parliament (Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament^[1][2][3][4]) is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital Edinburgh. The Parliament, informally referred to as "Holyrood"^[5] (cf. "Westminster"), is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs). Members are elected for four-year terms under the mixed member proportional representation system. As a result, 73 MSPs represent individual geographical constituencies elected by the plurality ("first past the post") system, with a further 56 returned from eight additional member regions, each electing seven MSPs.^[6] A general election to the Parliament was held on 3 May 2007.

The original Parliament of Scotland (or "Estates of Scotland") was the national legislature of the independent Kingdom of Scotland, and existed from the early 13th century until the Kingdom of Scotland merged with the Kingdom of England under the Acts of Union 1707 to form the Kingdom of Great Britain.^[7] As a consequence, the Parliament of Scotland merged with the Parliament of England to form the Parliament of Great Britain, which sat at Westminster in London.^[7]

Following a referendum in 1997 in which the Scottish people gave their consent, the current Parliament was established by the Scotland Act 1998, which sets out its powers as a devolved legislature. The Act delineates the legislative competence of the Parliament – the areas in which it can make laws – by explicitly specifying powers that are "reserved" to the Parliament of the United Kingdom: all matters that are not explicitly reserved are automatically the responsibility of the Scottish Parliament.^[8] The UK Parliament retains the ability to amend the terms of reference of the Scottish Parliament, and can extend or reduce the areas in which it can make laws.^[9] The first meeting of the new Parliament took place on 12 May 1999.^[10]

History

Main article: History of Scottish devolution

Before the Act of Union 1707 that merged the Kingdom of Scotland with Kingdom of England (to form the Kingdom of Great Britain), Scotland had an independent parliament with a legislature known as the Three Estates. Initial Scottish proposals in the negotiation over the Union suggested a devolved Parliament be retained in Scotland, but this was not accepted by the English negotiators.^[11]

For the next three hundred years, Scotland was directly governed by the Parliament of the United Kingdom, at Westminster, and the lack of a Scottish Parliament remained an important element in Scottish national identity.^[12] Suggestions for a 'devolved' Parliament were made before 1914, but were shelved due to the outbreak of the First World War.^[12] A sharp rise in nationalism in Scotland during the late 1960s fueled demands for some form of home rule or complete independence, and prompted the incumbent Labour Government of Harold Wilson to set up the Kilbrandon Commission on the UK Constitution in 1969.^[12] One of the principal objectives of the commission was to examine ways of enabling more self-government for Scotland, within the unitary state of the United Kingdom.^[12] Kilbrandon published his report in 1973 recommending the establishment of a directly elected Scottish Assembly to legislate for the majority of domestic Scottish affairs.^[13]

During this time, the discovery of oil in the North Sea and the following "It's Scotland's oil" campaign of the Scottish National Party (SNP) resulted in rising support for Scottish independence, as well as the SNP. The party argued that the revenues from the oil were not benefiting Scotland as much as they should be.^[12] The combined effect of these events led to Prime Minister Wilson committing his government to some form of devolved legislature in 1974.^[12] However, it was not until 1978 that final legislative proposals for a Scottish Assembly were passed by the United Kingdom Parliament. Under the terms of the Scotland Act 1978, an elected assembly would be set up in Edinburgh provided that the majority of the Scottish electorate voted for it in a referendum to be held on 1 March 1979. The 1979 Scotland referendum to establish a devolved Scottish Assembly failed. Although the vote was 52% in favour of a Scottish Assembly, this figure did not equal the 40% of the total electorate threshold deemed necessary to pass the measure, as 32.9% of the eligible voting population did not, or had been unable to, vote.^[14]

Throughout the 1980s and 1990s, demands for a Scottish Parliament grew, in part because the government of the United Kingdom was controlled by the Conservative Party, while Scotland itself elected very few Tory MPs.^[12] In the aftermath of the 1979 referendum defeat, the Campaign for a Scottish Assembly was initiated as a pressure group, leading to the 1989 Scottish Constitutional Convention with various organisations, political parties and representatives of industry taking part. Publishing its blueprint for devolution in 1995, the convention provided much of the basis for the structure of the Parliament.^[15]

Devolution became part of the platform of the Labour Party which, in May 1997, took power under Tony Blair.^[12] In September 1997, a referendum of the Scottish electorate secured a majority in favour of the establishment of a new devolved Scottish Parliament with tax-varying powers in Edinburgh.^[16] An election was held on 6 May 1999, and on 1 July of that year power was transferred from Westminster to the new Parliament.^[17]

Building

Main article: Scottish Parliament Building

The public entrance of the distinctive Scottish Parliament building, opened in October 2004

Since September 2004 the official home of the Scottish Parliament has been a new Scottish Parliament Building, in the Holyrood area of Edinburgh. Designed by Catalan architect Enric Miralles, some of the principal features of the complex include leaf-shaped buildings, a grass-roofed branch merging into adjacent parkland and gabion walls formed from the stones of previous buildings. Throughout the building there are many repeated motifs, such as shapes based on Raeburn's Skating Minister.^[18] Crow-stepped gables and the upturned boat skylights of the Garden Lobby, complete the unique^[19] architecture. Queen Elizabeth II opened the new building on 9 October 2004.

In March 2006, one of the Holyrood building's roof beams slipped out of its support and was left dangling above the Conservative back benches during a debate.^[20] The debating chamber was subsequently closed, and MSPs moved to The Hub for one week, while inspections were carried out.^[21] During repairs, all chamber business was conducted in the Parliament's committee room two.

Temporary accommodation 1999-2004

Whilst the permanent building at Holyrood was being constructed, the Parliament's temporary home was the General Assembly Hall of the Church of Scotland on the Royal Mile in Edinburgh.^[22] Official photographs and TV interviews were held in the courtyard adjoining the Parliament, which is part of the School of Divinity of the University of Edinburgh. This building was vacated twice to allow for the meeting of the Church's General Assembly. In May 2000, the Parliament was temporarily relocated to the former Strathclyde Regional Council debating chamber in Glasgow, and to the University of Aberdeen in May 2002.^[23]

In addition to the General Assembly Hall, the Parliament also used buildings rented from the City of Edinburgh Council. The former administrative building of Lothian Regional Council on George IV Bridge was used for the MSPs' offices. Following the move to Holyrood in 2004 this building was demolished. The former Midlothian County Buildings facing Parliament Square, High Street and George IV Bridge in Edinburgh (originally built as the headquarters of the pre-1975 Midlothian County Council) housed the Parliament's visitors' centre and shop, whilst the main hall was used as the Parliament's principal committee room.

Officials

After each election to the Scottish Parliament, at the beginning of each parliamentary session, Parliament elects one MSP to serve as Presiding Officer, the equivalent of the speaker (currently Alex Fergusson MSP), and two MSPs to serve as deputies (currently Trish Godman MSP and Alasdair Morgan MSP). The Presiding Officer and deputies are elected by a secret ballot of the 129 MSPs, which is the only secret ballot conducted in the Scottish Parliament.^[24] Principally, the role of the Presiding Officer is to chair chamber proceedings and the Scottish Parliamentary Corporate Body.^[25] When chairing meetings of the Parliament, the Presiding Officer and his deputies must be politically impartial.^[25] During debates, the Presiding Officer (or his deputy) is assisted by the parliamentary clerks, who give advice on how to interpret the standing orders that govern the proceedings of meetings. A vote clerk sits in front of the Presiding Officer and operates the electronic voting equipment and chamber clocks.^[26]

As a member of the Scottish Parliamentary Corporate Body, the Presiding Officer is responsible for ensuring that the Parliament functions effectively and has the staff, property and resources it requires to operate.^[27] Convening the Parliamentary Bureau, which allocates time and sets the work agenda in the chamber, is another of the roles of the Presiding Officer. Under the Standing Orders of the Parliament the Bureau consists of the Presiding Officer and one representative from each political parties with five or more seats in the Parliament. Amongst the duties of the Bureau are to agree the timetable of business in the chamber, establish the number, remit and membership of parliamentary committees and regulate the passage of legislation (bills) through the Parliament. The Presiding Officer also represents the Scottish Parliament at home and abroad in an official capacity.^[25]

The Presiding Officer controls debates by calling on members to speak. If a member believes that a rule (or standing order) has been breached, he or she may raise a "point of order", on which the Presiding Officer makes a ruling that is not subject to any debate or appeal. The Presiding Officer may also discipline members who fail to observe the rules of the Parliament.^[25]

The member of the Scottish Government whose duty it is to steer Executive business through Parliament is the Minister for Parliamentary Business (currently Bruce Crawford MSP). The minister is appointed by the First Minister and is a Junior Minister in the Scottish Government, who does not attend cabinet.

Parliamentary chamber

Seating in the Debating Chamber is arranged in a semicircle, with Ministers sitting in the front section of the semicircle, directly opposite the Presiding Officer and parliamentary clerks.

Unlike Westminster, the debating chamber of the Scottish Parliament has seating arranged in a hemicycle, which reflects the desire to encourage consensus amongst elected members.^[26] There are 131 seats in the debating chamber. Of the total 131 seats, 129 are occupied by the Parliament's elected MSPs and 2 are seats for the Scottish Law Officers - the Lord Advocate and the Solicitor General for Scotland, who are not elected members of the Parliament but are members of the Scottish Government. As such the Law Officers may attend and speak in the plenary meetings of the Parliament, but as they are not elected MSPs they cannot vote. Members are able to sit anywhere in the debating chamber, but typically sit in their party groupings.^[26] The First Minister, Scottish cabinet ministers and Law officers sit in the front row, in the middle section of the chamber. The largest party in the Parliament sits in the middle of the semicircle, with opposing parties on either side.^[26] The Presiding Officer, parliamentary clerks and officials sit opposite members at the front of the debating chamber.

In front of the Presiding Officers' desk is the parliamentary mace, which is made from silver and inlaid with gold panned from Scottish rivers and inscribed with the words: Wisdom, Compassion, Justice and Integrity. The words - There shall be a Scottish Parliament, which are the first words of the Scotland Act, are inscribed around the head of the mace.^[26] The mace has a formal ceremonial role in the meetings of Parliament, reinforcing the authority of the Parliament in its ability to make laws.^[28] Presented to the Scottish Parliament by the Queen upon its official opening in July 1999, the mace is displayed in a glass case suspended from the lid. At the beginning of each sitting in the chamber, the lid of the case is rotated so that the mace is above the glass, to symbolise that a full meeting of the Parliament is taking place.^[26]

Proceedings

The MSPs' desks contain all the electronic voting equipment which records the outcome of parliamentary votes. 'Decision Time' takes place on sitting days at 5pm.

Parliament sits from Monday through to Thursday from early January through to late June and from early September through to mid December, with 2-week recesses in April and October.^[29] Full plenary meetings in the debating chamber usually take place on Wednesday afternoons from 2 p.m. to 6 p.m. and on Thursday from 9:15 a.m. to 6pm.^[29] Chamber debates and committee meetings are open to the public. Entry is free, but booking in advance is recommended due to limited space. Meetings are broadcast on the Parliament's own channel Holyrood.tv^[30] and on the BBC's parliamentary channel BBC Parliament. Proceedings are also recorded, in text form, in print and online in the Official Report, which is the substantially verbatim^[31] transcript of parliamentary debates.

"Time for Reflection" is normally the first item of business on Wednesdays.^[32] A speaker addresses the meeting for up to four minutes to share their perspectives on issues of faith. This contrasts with the formal style of "Prayers", which is the first item of business in meetings of the House of Commons. Speakers are drawn from different faith groups across Scotland. Invitations to address Parliament in this manner are determined by the Presiding Officer on the advice of the parliamentary bureau. Different faith groups can make direct representations to the Presiding Officer in nominating speakers. The pattern of speakers represents the balance of religious beliefs in Scotland according to the Scottish census.^[32]

The Presiding Officer (or Deputy Presiding Officer) decides who speaks in chamber debates and the amount of time for which they are allowed to speak.^[25] Normally the Presiding Officer tries to achieve a balance between different viewpoints and political parties when selecting members to speak.^[26] Typically Ministers or party leaders open debates, with opening speakers given between 5 and 20 minutes, and succeeding speakers allocated less time.^[26] The Presiding Officer can reduce speaking times if a high volume of members wish to participate in the debate. Debate is much more informal than in some parliamentary systems.^[33] Members may call each other directly by name, rather than by constituency or cabinet position, unlike the House of Commons remarks are not directed to the Presiding Officer, and hand clapping is allowed in the chamber.^[34] Speeches to the chamber are normally delivered in English, but members may use Scots, Gaelic, or any other language with the agreement of the Presiding Officer.^[35] The Scottish Parliament has conducted debates in the Gaelic language.^[36]

Each sitting day, normally at 5pm, MSPs decide on all the motions and amendments that have been moved that day; this is known as "Decision Time", and is heralded by the sounding of the division bell, which is heard throughout the Parliamentary campus and alerts MSPs who are not in the chamber to return and vote.^[26] At Decision Time, the Presiding Officer puts questions on the motions and amendments by reading out the name of the motion or amendment as well as the proposer and asking "Are we all agreed?", to which the chamber first votes orally. If there is audible dissent, the Presiding Officer announces "There will be a division" and members proceed to an electronic vote by means of electronic consoles on their desks. Each MSP has a unique access card with microchip which, when inserted into the console, identifies them and allows them to vote.^[26] As a result, the outcome of each division is known in seconds.

The outcome of most votes is largely known beforehand, since political parties normally instruct members on how to vote. A party entrusts some MSPs, known as whips, with the task of ensuring that all party members vote as desired.^[37] MSPs do not tend to vote against such instructions, since those who do so are unlikely to reach higher political ranks in their parties.^[38] Errant members can be deselected as official party candidates during future elections, and, in serious cases, may be expelled from their parties outright.^[38] Thus, as with many Parliaments, the independence of Members of the Scottish Parliament tends to be extremely low, and "backbench rebellions" by members discontent with their party's policies are rare.^[39] In some circumstances, however, parties announce "free votes", allowing Members to vote as they please. This is done on moral issues.^[40]

Immediately after Decision Time a "Members Debate" is held, which lasts for 45 minutes.^[26] Members Business is a debate on a motion proposed by an MSP who is not a Scottish minister. Such motions are on issues which may be of interest to a particular area (such as the members' own constituency), an upcoming or past event or any other item which would otherwise not be accorded official parliamentary time. As well as the proposer, other members normally contribute to the debate. The relevant minister, whose department the debate and motion relate to, "winds-up" the debate by speaking after all other participants.

Committees

Main article: Committees of the Scottish Parliament

Private Bill Committees are set up to deal with the legislation required for major public sector infrastructure projects - such as the underground extensions to the National Gallery of Scotland in 2003.

Much of the work of the Scottish Parliament is done in committee. The role of committees is stronger in the Scottish Parliament than in other parliamentary systems, partly as a means of strengthening the role of backbenchers in their scrutiny of the government^[41] and partly to compensate for the fact that there is no revising chamber. The principal role of committees in the Scottish Parliament is to conduct inquiries, scrutinise legislation and hold the government to account.^[42] Committee meetings take place in the Parliament's committee rooms all day Tuesday and Wednesday morning when Parliament is sitting. Committees can also meet at other locations throughout Scotland.^[43]

Committees comprise a small number of MSPs, with membership reflecting the balance of parties across Parliament.^[42] There are different committees with their functions set out in different ways. Mandatory Committees are committees which are set down under the Scottish Parliament's standing orders, which govern their remits and proceedings. The current Mandatory Committees of the Scottish Parliament are: Audit; Equal Opportunities; European and External Relations; Finance; Procedures; Public Petitions; Standards and Public Appointments; and Subordinate Legislation.^[42]

Subject Committees are established at the beginning of each parliamentary session, and again the balance of members on each committee reflects the balance of parties across Parliament. Typically each committee corresponds with one (or more) of the departments (or ministries) of the Scottish Government. The current Subject Committees are: Economy, Energy and Tourism; Education, Lifelong Learning and Culture; Health and Sport; Justice; Local Government and Communities; Rural Affairs and Environment; Scottish Parliamentary Pension Scheme; and Transport, Infrastructure and Climate Change.^[42]

A further type of committee is normally set up to scrutinise private bills submitted to the Scottish Parliament by an outside party or promoter who is not a member of the Scottish Parliament or Scottish Government. Private bills normally relate to large-scale development projects such as infrastructure projects that require the use of land or property.^[44] Private Bill Committees have been set up to consider legislation on issues such as the development of the Edinburgh Tram Network, the Glasgow Airport Rail Link, the Airdrie-Bathgate Rail Link and extensions to the National Gallery of Scotland.^[45]

Legislative functions

Constitution and powers

The Scotland Act 1998, which was passed by the Parliament of the United Kingdom and given Royal Assent by Queen Elizabeth II on 19 November 1998,^[46] governs the functions and role of the Scottish Parliament and delimits its legislative competence. For the purposes of parliamentary sovereignty, the Parliament of the United Kingdom at Westminster continues to constitute the supreme legislature of Scotland,^[47] but under the terms of the Scotland Act, Westminster agreed to devolve some of its responsibilities over the domestic policy of Scotland to a new directly elected Scottish Parliament.^[47] Such matters are known as "devolved matters" and include education, health, agriculture and justice.^[48] The Scotland Act enabled the Scottish Parliament to pass primary legislation on these issues. A degree of domestic authority, and all foreign policy, remains at present with the UK Parliament in Westminster.^[48] The Scottish Parliament has the power to pass laws and has limited tax-varying capability.^[49] Another of the roles of the Parliament is to hold the Scottish Government to account.

The specific devolved matters are all subjects which are not explicitly stated in Schedule 5 to the Scotland Act as reserved matters. All matters that are not specifically reserved are automatically devolved to the Scottish Parliament.^[48] Most importantly, this includes agriculture, fisheries and forestry, economic development, education, environment, food standards, health, home affairs, Scots law – courts, police and fire services, local government, sport and the arts, transport, training, tourism, research and statistics and social work.^[48] The Scottish Parliament has the ability to alter income tax in Scotland by up to 3 pence in the pound.^[49]

Reserved matters are subjects that are outside the legislative competence of the Scotland Parliament.^[49] The Scottish Parliament is unable to legislate on such issues that are reserved to, and dealt with at, Westminster (and where Ministerial functions usually lie with UK Government ministers). These include abortion, broadcasting policy, civil service, common markets for UK goods and services, constitution, electricity, coal, oil, gas, nuclear energy, defence and national security, drug policy, employment, foreign policy and relations with Europe, most aspects of transport safety and regulation, National Lottery, protection of borders, social security and stability of UK's fiscal, economic and monetary system.^[48]

Members of the public take part in Parliament in two ways that are not the case at Westminster: a public petitioning system, and cross-party groups on policy topics which the interested public join and attend meetings of, alongside MSPs.^[50] The Parliament is able to debate any issue (including those reserved to Westminster) but is unable to make laws on issues that are outside its legislative competence.

Bills

After a bill has passed through all legislative stages, it becomes an Act of the Scottish Parliament.

As the Scottish Parliament is able to make laws on the areas constitutionally devolved to it, the legislative process begins with bills (draft laws) which are presented to Parliament.^[51]

Bills can be introduced to Parliament in a number of ways; the Scottish Government can introduce new laws or amendments to existing laws as a bill; a committee of the Parliament can present a bill in one of the areas under its remit; a member of the Scottish Parliament can introduce a bill as a private member; or a private bill can be submitted to Parliament by an outside proposer.^[51] Most draft laws are government bills introduced by ministers in the governing party. Bills pass through Parliament in a number of stages:^[52]

Stage 1 is the first, or introductory stage of the bill, where the minister or member in charge of the bill will formally introduce it to Parliament together with its accompanying documents - Explanatory Notes, a Policy Memorandum setting out the policy underlying the bill, and a Financial Memorandum setting out the costs and savings associated with it.^[52] Statements from the Presiding Officer and the member in charge of the bill are also lodged indicating whether the bill is within the legislative competence of the Parliament. Stage 1 usually takes place, initially, in the relevant committee or committees and is then submitted to the whole Parliament for a full debate in the chamber on the general principles of the bill.^[52] If the whole Parliament agrees in a vote to the general principles of the bill, it then proceeds to Stage 2.

Stage 2 is normally conducted entirely in the relevant committee, where amendments to the bill are proposed by committee members. At this stage, the bill is considered in substantial detail. Some bills and all emergency bills are considered in detail by a committee of the whole Parliament, in the debating chamber. The Presiding Officer acts as convener of the committee in such circumstances.^[53]

Stage 3 is the final stage of the bill and is considered at a meeting of the whole Parliament. This stage comprises two parts - consideration of amendments to the bill as a general debate, and a final vote on the bill. Opposition members can table "wrecking amendments" to the bill, designed to thwart further progress and take up parliamentary time, in order to cause the bill to fall without a final vote being taken.^[54] After a general debate on the final form of the bill, members proceed to vote at Decision Time on whether they agree to the general principles of the final bill.^[53]

Royal Assent: After the bill has been passed, the Presiding Officer submits it to Her Majesty for Royal Assent and it becomes an Act of the Scottish Parliament. However he cannot do so until a 4-week period has elapsed, during which the Law Officers of the Scottish Government or UK Government can refer the bill to the Judicial Committee of the Privy Council for a ruling on whether it is within the powers of the Parliament.^[55] Acts of the Scottish Parliament do not begin with a conventional enacting formula. Instead they begin with a phrase that reads: "The Bill for this Act of the Scottish Parliament was passed by the Parliament on [Date] and received Royal Assent on [Date]".

Scrutiny of government

The result for the Kelvin constituency being declared at the Scottish Parliament election, 2007. Ordinary general elections for the Scottish Parliament are held on the first Thursday in May every four years.

The party or parties that hold the majority of seats in the Parliament forms the Scottish Government. In contrast to many other parliamentary systems, Parliament elects a First Minister from a number of candidates at the beginning of each parliamentary term (after a general election).^[56] Any member can put their name forward to be First Minister, and a vote is taken by all members of Parliament. Normally the leader of the largest party is returned as First Minister, and head of the Scottish Government.^[56] Theoretically Parliament also elects the Scottish Ministers who form the government of Scotland and sit in the Scottish cabinet, but such ministers are, in practice, appointed to their roles by the First Minister.^[57] Junior ministers, who do not attend cabinet, are also appointed to assist Scottish ministers in their departments. Most ministers and their juniors are drawn from amongst the elected MSPs, with the exception of Scotland's Chief Law Officers: the Lord Advocate and the Solicitor General.^[29] Whilst the First Minister chooses the ministers, and may decide to remove them at any time; the formal appointment or dismissal, however, is made by the Sovereign.^[57]

Under the Scotland Act 1998, ordinary general elections for the Scottish Parliament are held on the first Thursday in May every four years (1999, 2003, 2007 and so on).^[58] The date of the poll may be varied by up to one month either way by the Queen on the proposal of the Presiding Officer.^[58] If the Parliament itself resolves that it should be dissolved (with at least two-thirds of the Members voting in favour), or if the Parliament fails to nominate one of its members to be First Minister within 28 days of a General Election or of the position becoming vacant,^[59] the Presiding Officer proposes a date for an extraordinary general election and the Parliament is dissolved by the Queen by royal proclamation. Extraordinary general elections are in addition to ordinary general elections, unless held less than six months before the due date of an ordinary general election, in which case they supplant it. The following ordinary election reverts to the first Thursday in May, a multiple of four years after 1999 (i.e., 5 May 2011, 7 May 2015, etc).^[60]

Several procedures enable the Scottish Parliament to scrutinise the government. The First Minister or members of his cabinet can deliver statements to Parliament upon which MSPs are invited to question them. For example, at the beginning of each parliamentary year, the First Minister delivers a statement to the chamber setting out the government's legislative programme for the forthcoming year.^[61] After the statement has been delivered, the leaders of the opposition parties and other MSPs question the First Minister on issues related to the substance of the statement.^[62]

Parliamentary time is also set aside for question periods in the debating chamber. A "General Question Time" takes place on a Thursday between 11:30 a.m. and 12 p.m. where members can direct questions to any member of the Scottish Government.^[29] At 2.30pm, a 40-minute long themed "Question Time" takes place, where members can ask questions of ministers in departments that are selected for questioning that sitting day, such as health and justice or education and transport.^[29] Between 12 p.m. and 12:30 p.m. on Thursdays, when Parliament is sitting, First Minister's Question Time takes place.^[29] This gives members an opportunity to question the First Minister directly on issues under his jurisdiction. Opposition leaders ask a general question of the First Minister and then supplementary questions. Such a practice enables a "lead-in" to the questioner, who then uses their supplementary question to ask the First Minister any issue. The four general questions available to opposition leaders are:

• To ask the First Minister what engagements he has planned for the rest of the day?
• To ask the First Minister when he next plans to meet the Prime Minister and what issues they intend to discuss?;
• To ask the First Minister when he next plans to meet the Secretary of State for Scotland and what issues they intend to discuss? and
• To ask the First Minister what issues he intends to discuss at the next meeting of the Scottish Government's cabinet?.

Members who wish to ask general or themed questions, or questions of the First Minister, must lodge their questions with parliamentary clerks beforehand and questioners are then selected by the Presiding Officer. Written questions can also be submitted by members to ministers, for answer. Written questions and answers are published in the Official Report.^[29]

Members, constituencies and voting systems

Elections for the Scottish Parliament were amongst the first in the United Kingdom to use a mixed member proportional representation (MMS) system.^[63] The system is a form of the additional member method of proportional representation (PR), and is better known as such in the United Kingdom. However, there are additional member systems, elsewhere in the world, which are not designed to produce proportional representation.

Of the 129 MSPs, 73 are elected to represent first past the post constituencies and are known as "Constituency MSPs".^[6] Voters choose one member to represent the constituency, and the member with most votes is returned as a constituency MSP. The 73 Scottish Parliament constituencies shared the same boundaries as the UK Parliament constituencies in Scotland, prior to the 2005 reduction in the number of Scottish MPs, with the exception of Orkney and Shetland which each return their own constituency MSP. Currently, the average Scottish Parliament constituency comprises 55,000 electors.^[64] Given the geographical distribution of population in Scotland, this results in constituencies of a smaller area in the Central Lowlands, where the bulk of Scotland's population live, and much larger constituency areas in the north and west of the country, which have a low population density. The island archipelagos of Orkney, Shetland and the Western Isles comprise a much smaller number of electors, due to their disparate population and distance from the Scottish Parliament in Edinburgh.^[64] If a Constituency MSP resigns from Parliament, this triggers a by-election in his or her constituency, where a replacement MSP is returned from one of the parties by the plurality system.^[63]

The remaining 56 MSPs are elected by the additional member system. In each Scottish Parliament election, electors have a second vote, where they vote for a party instead of a constituency representative. These 56 are elected in eight different electoral regions, of which constituencies are sub-divisions.^[65] Each region returns seven additional member MSPs. The eight regions are: Highlands and Islands; North East Scotland; Mid Scotland and Fife; West of Scotland; Glasgow; Central Scotland; South of Scotland; and Lothians. Each political party draws up a list of candidates standing in each electoral region.^[66] The total number of seats in the Parliament are allocated to parties proportionally to the number of votes the party received in the second vote of the ballot, calculated by dividing the number of "list" votes cast for a party by the a number calculated from the number of constituency seats won in that region, plus the number of already-allocated "list" seats won in that region, plus one (to prevent division by zero), and the party with the largest number of votes remaining is allocated the first "list" seat. This is repeated iteratively until all available "list" seats are allocated.^[66] The number of seats remaining allocated to that party are filled using members from the party's list.^[66] These members are called "List MSPs". If a List MSP resigns from the Scottish Parliament, he or she is replaced by the next member on the party list.^[67]

As in the House of Commons, a number of qualifications apply to being an MSP. Such qualifications were introduced under the House of Commons Disqualification Act 1975 and the British Nationality Act 1981. Specifically, members must be over the age of 18^[68] and must be a citizen of the United Kingdom, the Republic of Ireland, one of the countries in the Commonwealth of Nations or a citizen of a British overseas territory.^[69] Members of the police and the armed forces are disqualified from sitting in the Scottish Parliament as elected MSPs, and similarly, civil servants and members of foreign legislatures are disqualified.^[69] An individual may not sit in the Scottish Parliament if they are judged to be insane under the terms of the Mental Health Act 1983; if they are subject to a Bankruptcy Restriction Order (in England and Wales only) or if his or her estate is sequestered (in Scotland).^[69]

Elections

The UK, Scottish, and EU flags flying outside the Parliament.

There have been three elections to the Parliament, in 1999, 2003 and 2007.

The next election is due to be held on 5 May 2011, unless more than two thirds of elected MSPs vote for a dissolution of Parliament, resulting in fresh elections, before that time.^[60] Citizens of other EU member states who are domiciled in Scotland are entitled to vote in Scottish Parliament elections. However, overseas electors on Scottish electoral registers are not allowed to vote in Scottish Parliament elections.

Main article: Scottish Parliament election, 2007

Results in 2007

Overall turnout - 51.8%^[70]

Composition

The composition of the Scottish Parliament following the 2007 election.
█ Scottish National Party (47)
█ Scottish Labour Party (46)
█ Scottish Conservative Party (16)¹
█ Scottish Liberal Democrats (16)
█ Scottish Green Party (2)
█ Independent (1)
¹ Was 17, but the Presiding Officer, currently Alex Fergusson, elected as a Conservative, voluntarily accepted suspension from his party.

Main article: Members elected to the 3rd Scottish Parliament

The Election of May 2007, resulted in the Scottish National Party (SNP) winning 47 seats, an increase of 20 seats from the 2003 Scottish Parliament election.^[71] The Scottish Labour Party gained 46 seats, a reduction of 4 seats from 2003.^[71] The Scottish Conservatives and Scottish Liberal Democrats gained 17 and 16 seats respectively, a reduction of 1 each.^[71] In terms of the minor parties, the Scottish Green Party was returned with 2 seats, a reduction of 5 from the 2003 election and Margo MacDonald, the independent List MSP for the Lothians, also retained her seat.^[71]

Parties which were represented in the 2003–2007 Parliament, such as the Scottish Socialist Party, Scottish Senior Citizens Unity Party and Solidarity lost their seats, as did the independents Campbell Martin and Dr Jean Turner.^[72] The Independent MSPs, Brian Monteith and Dennis Canavan, both retired prior to the election.^[73]

The Conservatives were returned with 17 seats after the election, but the Conservative MSP Alex Fergusson, member for the constituency of Galloway and Upper Nithsdale, was voted in as Presiding Officer on 14 May 2007.^[74] Given the strict political impartiality required for the role, the Presiding Officer accepts voluntary suspension from his or her party for the duration of their period in office.^[75] This led to the Conservative representation in Parliament being reduced to 16 members.

As a result of the proportional representation system used to elect Members, no one party gained an overall majority of seats in the Parliament. The SNP emerged as the largest party in the Parliament, one seat ahead of Labour, but were unable to negotiate a coalition deal with any other of the parties and consequently govern as a minority administration, with support from the 2 members of the Scottish Green Party.^[76] The leader of the SNP, Alex Salmond was elected First Minister of Scotland, in a vote in the Scottish Parliament on 16 May 2007 by 49 votes to 46 (the Liberal Democrats, Conservatives and Margo MacDonald abstaining in that vote).^[77]

Criticism

Enric Miralles' Scottish Parliament complex in Holyrood Park during construction. The building was completed in 2004. Above and behind the new Parliament is the neoclassical Royal High School, which was prepared for a previous devolved Scottish parliament, but never used.

The death, in office, of Donald Dewar, Scotland's first First Minister, and the resignation, brought on by an office expenses scandal, of his successor Henry McLeish,^[78] generated controversy in the first years of the Parliament.^[79]

Arguments that it will lead to Scottish independence

Popular arguments against the Parliament before the UK general election of 1997, levelled by the Conservative Party, were that the Parliament would create a "slippery slope" to Scottish independence, and provide the pro-independence Scottish National Party with a route to power.^[12] John Major, the Tory prime minister before May 1997, famously claimed the Parliament would end "1000 years of British history",^[80] although the Acts of Union uniting the two countries were still less than 300 years old at the time. The equally pro-Union Labour Party met these criticisms by claiming that devolution would fatally undermine the SNP,^[81] and remedy the long-felt desire of Scots for a measure of self-government.^[82]

West Lothian Question

A further procedural consequence created by the establishment of the Scottish Parliament is that Scottish MPs sitting in the British House of Commons are still able to vote on domestic legislation that applies only to England, Wales and Northern Ireland - whilst English, Scottish, Welsh and Northern Irish Westminster MPs are unable to vote on the domestic legislation of the Scottish Parliament. This anomaly is known as the West Lothian Question and has led to criticism.^[83]

Costs

The escalating costs of the construction of the new Parliament building led to widespread criticism.^[79] Miralles' new Scottish Parliament building opened for business on the 7 September 2004, three years late.^[82] The estimated final cost was £431 million. The White Paper in 1997 estimated that a new building would have a net construction cost of £40 million,^[82] although this was based on the presumption that the old Royal High School building (since renamed 'New Parliament House') would be used, as had long been assumed. After the devolution referendum it was quickly announced that the high school, which is smaller than many council chambers, was entirely inadequate for the Parliament, and negotiations began for a new building on a new site. This led critical media and politicians to claim the final building was "ten times over budget".^[84] Miralles' building was in fact costed at £109 million, prior to major increases in space.^[85]

The cost overruns of the Scottish Parliament Building further dented confidence in public opinion in the ability of the public sector to handle major infrastructure and building projects. As a result, the final £431m cost of the Holyrood building can be compared with other cost overruns in projects such as Portcullis House – a new parliamentary office block in Westminster - built for use by 200 MPs, which cost £250 million, including £100 million spent on bronze cladding,^[86] £250m for the redevelopment of the German Reichstag,^[86] £40m for the development of the Edinburgh International Conference Centre,^[86] and £800m for the construction of the Millennium Dome.^[86]

Lord Fraser's Inquiry reported on 15 September 2004 and identified the choice of the construction management procurement route as the main factor in the fourfold increase in estimated costs establishing that a £270 million value building ended up costing £431 million, an identifiable waste of £181 million.^[87] This was portrayed as clearing Donald Dewar of any blame.^[87] The cost of the building remains more controversial than any of the legislation so far passed by the Parliament.^[79]

Notes

References

• Balfour, A & McCrone, G (2005): "Creating a Scottish Parliament", StudioLR, ISBN 0-9550016-0-9
• Burrows, N (1999): "Unfinished Business - The Scotland Act 1998", Modern Law Review, Vol. 62, No. 2 (March 1999), pp. 241–260
• Centre for Scottish Public Policy (1999): "A Guide to the Scottish Parliament: The Shape of Things to Come", The Stationery Office Books", ISBN 0-11-497231-1
• Dardanelli, P (2005): "Between Two Unions: Europeanisation and Scottish Devolution", Manchester University Press, ISBN 0-7190-7080-5
• Kingdom, J (1999): "Government and Politics in Britain, An Introduction", Polity, ISBN 0-7456-1720-4
• MacLean, B (2005): "Getting It Together: Scottish Parliament", Luath Press Ltd, ISBN 1-905222-02-5
• McFadden, J & Lazarowicz, M (2003): "The Scottish Parliament: An Introduction", LexisNexis UK, ISBN 0-406-96957-4
• Murkens, E; Jones, P & Keating, M (2002): "Scottish Independence: A Practical Guide", Edinburgh University Press, ISBN 0-7748-1699-3
• Taylor, Brian (1999): "The Scottish Parliament", Polygon, Edinburgh, ISBN 1-9029-3012-6
• Taylor, Brian (2002): "The Scottish Parliament: The Road to Devolution", Edinburgh University Press, ISBN 0-7486-1759-0
• Young, John R. (1996): "The Scottish Parliament, 1639–1661: A Political and Constitutional," Edinburgh: John Donald Publishers ISBN 0-8597-6412-5

See also

• Politics of Scotland
• List of Acts of the Scottish Parliament from 1999
• Members of the 1st Scottish Parliament
• Members of the 2nd Scottish Parliament
• Members of the 3rd Scottish Parliament
• Scottish Churches Parliamentary Office
• Legislative Consent Motion
• West Lothian question
• Scottish Parliament Business Exchange
• Futures Forum

External links

• Official website
• Official website (Scottish Gaelic)
• Official website (Scots)
• Scotland Act 1998
• The Scottish Parliament Project, University of St Andrews
• Holyrood Inquiry homepage
• BBC News explanation of the powers of the Scottish Parliament

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Leaders of the political parties in the Scottish Parliament Alex Salmond (Scottish National Party) · Iain Gray (Scottish Labour Party) Annabel Goldie (Scottish Conservative Party) · Tavish Scott (Scottish Liberal Democrats) Robin Harper (Scottish Green Party)