Gavin Howe
The Scottish Parliament has the power to make laws on a range of issues known as devolved matters. The Scotland Act 1998 delineates the legislative competence of the Parliament by explicitly specifying powers that are reserved for the UK Parliament. The Scottish Parliament can make laws on all areas that are not explicitly reserved for Westminster, such as agriculture, fisheries, animal welfare, and forestry. Devolved matters include certain taxes, such as Land and Buildings Transaction Tax, and welfare policies like Universal Credit. The Scottish Parliament can also debate any issue, including those reserved for Westminster, but it cannot make laws on issues outside its legislative competence. Bills are introduced to the Scottish Parliament by the Scottish Government and become law once agreed by the Scottish Parliament and the monarch.
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What You'll Learn
Agriculture, fisheries, and animal welfare
The Scottish Parliament has the power to make laws on a range of issues, known as devolved matters. This includes most aspects of animal welfare, agriculture, and fisheries.
Animal Welfare
The Welfare of Farmed Animals (Scotland) Regulations 2010 outline the standards by which farmed animals are required to be kept in Scotland. It is the responsibility of the Animal and Plant Health Agency (APHA) to ensure these standards are met, with penalties for those who do not comply. The Scottish Government also funds and administers the Highland Islands Veterinary Services Scheme, which helps to prevent and eradicate animal diseases for animals kept for agricultural purposes.
The Scottish Parliament has also introduced legislation to regulate the breeding of dogs, cats, and pet rabbits, with all dogs over eight weeks old in Scotland required to be microchipped. The use of wild animals in travelling circuses is also banned in Scotland under the Wild Animals in Travelling Circuses (Scotland) Act 2018.
Agriculture
The Scottish Government provides statistical reports and economic information on agriculture, including results from the main agricultural census and surveys, information on farming incomes, and the annual report of sea fisheries statistics.
Fisheries
Scotland has a legislative and regulatory framework in place for the fish farming sector, which aims to balance growth with protecting the environment. All fish farms must meet strict guidelines to ensure that environmental impacts are assessed and safely managed. To operate a fish or shellfish business, one must complete the Application for Authorisation of an Aquaculture Production Business form and the Aquatic Animal Holding Site Details form.
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Taxation
The Scotland Act 2016 gave the Scottish Parliament the power to raise taxes in Scotland, including the aggregates levy, a tax on the commercial exploitation of aggregates like rock, gravel, and sand. This tax was intended to replace the UK levy. However, full devolution of this power has been delayed.
In addition, the Scottish Parliament has full control over other taxes, such as the Land and Buildings Transaction Tax, which replaced the UK stamp duty tax, and the Scottish Landfill Tax, which replaced the UK landfill tax. These taxes are levied on the purchase of property and the disposal of waste, respectively.
The Scottish Government's funding comes from a combination of devolved taxes and revenues, as well as the Block Grant from the UK Government. This ensures a steady and secure source of funding for Scotland.
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Social security and welfare
The Scottish Government is responsible for managing its own expenditure and is accountable to the Scottish Parliament. Its funding comes from devolved taxes and revenues, as well as the Block Grant from the UK Government. The Scottish Government's new social security agency has responsibility for delivering some benefits in Scotland, including the Carer's Allowance Supplement, Winter Fuel Payments, and the Personal Independence Payment.
The Scottish Parliament can also make laws regarding Universal Credit, though it is a reserved benefit. For example, people in Scotland can choose to be paid either monthly or fortnightly. The Scottish Government has financed the DWP to administer devolved benefits, and the DWP has cooperated by utilising agency agreements to ensure people still receive their benefits.
The Scottish Government and the Department for Work and Pensions (DWP) are separate entities, accountable to their respective parliaments. They have a memorandum of understanding regarding social security and employment services in Scotland, and there is a framework for cooperation between the two governments. However, the Scottish Government has expressed disapproval of the current data-sharing processes, which operate on a benefit-by-benefit basis.
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Civil and criminal justice
The Scottish Parliament has the power to make laws on a range of issues known as 'devolved matters'. The UK has three separate criminal justice systems: England and Wales, Scotland, and Northern Ireland.
The Scottish Parliament can make laws on civil and criminal justice, including civil law and procedure, criminal law and procedure, the police, debt and bankruptcy, family law, legal aid, and property law. The Scottish government has called for further justice powers to be devolved to Holyrood. The Scottish Parliament cannot make laws outside its devolved responsibilities, and some issues that have a UK or international impact remain the responsibility of the UK Parliament alone. These are known as 'reserved matters'.
The Scottish Parliament's Criminal Justice Committee focuses on the criminal justice system in Scotland, including Police Scotland, the Scottish Fire and Rescue Service, and the Scottish Courts and Tribunals Service. It also oversees prosecution and the work of the Crown Office and Procurator Fiscal Service, the Scottish Prison Service, and community sentencing. The Committee usually meets weekly on Wednesdays.
The Victims, Witnesses, and Justice Reform (Scotland) Bill covers a wide range of matters, including the experience of victims and witnesses in the justice process, especially sexual offence cases. It also makes broader reforms to the criminal justice process, such as increasing the availability of special measures for vulnerable witnesses and parties in civil court proceedings, and creating a new sexual offences court. The Bill also removes the 'not proven' verdict and changes the size of juries in criminal trials, intending to improve the fairness, clarity, and transparency of the framework within which decisions in criminal cases are made.
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Education
The Scottish Parliament has the power to make laws on a range of issues known as ""devolved matters". The UK Parliament retains the ability to amend the terms of reference of the Scottish Parliament and can expand or reduce the areas in which it can make laws. The Scottish Parliament can debate any issue, including those reserved for Westminster, but it cannot make laws on issues outside its legislative competence.
The Scottish Government decides on policies, priorities, targets, and resources for education, which is a devolved matter. The Scottish Government is responsible for managing its own expenditure and is accountable to the Scottish Parliament. Its funding comes from devolved taxes, revenues, and the Block Grant from the UK Government.
The Scottish Parliament's powers have been amended over time, with significant changes in 2012 and 2016, which expanded its powers over taxation and welfare. The Scotland Act 2016 increased tax powers, including the ability to determine the income tax rates for Scottish taxpayers. It also devolved certain social security benefits and increased the Scottish Government's borrowing capacity.
The UK Internal Market Act 2020 aims to limit the powers of devolved institutions and their ability to make different economic or social choices from Westminster. The UK Government has also been involved in devolved policymaking and funding without the consent of the Scottish Parliament, as seen in its "levelling up missions", which set targets for devolved matters such as education.
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Frequently asked questions
A devolved matter is any issue that the Scottish Parliament has the power to make laws on. The Scottish Parliament can debate any issue, but it cannot make laws on issues outside its legislative competence.
Devolved matters include agriculture, fisheries, animal welfare, forestry, council tax, business rates, air departure tax, land and buildings transaction tax, Scottish landfill tax, Scottish aggregates tax, and education. The Scottish Parliament can also make laws on most aspects of animal welfare, but not animal testing and research.
A bill is a proposal for a new law or a major change to an existing one. Most bills are introduced by the Scottish Government and must be agreed upon by the Scottish Parliament and the King before becoming law.
