 | 'Labour failed to mobilise their supporters to vote Yes. The active campaign against the Assembly by Tam Dalyell, Robin Cook and Brian Wilson probably had a lot to do with it.' The Daily Record, 1979. |  |
| 'Labour failed to mobilise their supporters to vote Yes. The active campaign against the Assembly by Tam Dalyell, Robin Cook and Brian Wilson probably had a lot to do with it.' The Daily Record, 1979. | |
THE Scottish parliament will hold an executive of ministers to account, including Scotland's first minister. The executive will have administrative responsibility for all the areas in which the parliament had law-making powers.
The white paper says: "The relationship between the Scottish executive and the Scottish parliament will be similar to the relationship between the United Kingdom government and the UK parliament.
"The executive will consist of the first minister plus a team of Scottish ministers including law officers."
It adds: "Ministers of the Scottish executive will be answerable to the Scottish parliament, and that parliament's committees will be able to scrutinise and report on the effectiveness of the executive's administrative action and its use of public monies voted to it by the parliament."
The executive will inherit the powers of the Scottish Secretary to make appointments to the 95 public bodies in Scotland - quangos, nationalised industries, tribunals, public corporations and health organisations. It will also fund and direct their activities.
The executive will have the right to be consulted on the membership of United Kingdom quangos, such as the Criminal Injuries Compensation Authority, which cover Scotland. The executive will also have the opportunity to transfer the functions of such quangos to the parliament.
The executive will be responsible for certain administrative functions where law-making powers are currently reserved for the European Union. These will include the distribution of EU structural funds and civil emergency planning.
Although foreign and defence policies would remain the responsibility of the UK government, the executive should have a part to play in international negotiations through liaison with Whitehall departments.
The executive and the parliament would, where necessary, implement international obligations incurred by the UK government. The law officers reporting to the executive would be the Lord Advocate and the Solicitor General for Scotland. Their responsibilities would be devolved to the parliament.
A new post of Scottish law officer to the UK would be created to advise the UK government on Scots law.
The parliamentary commissioner for administration, known as the parliamentary ombudsman, would continue to deal with complaints from Scotland about the UK government's responsibilities which had not been devolved. A new ombudsman to deal with matters arising from the Scottish parliament is expected.
The white paper outlines how potential conflicts between the parliaments in Edinburgh and Westminster would be resolved. The precise scope of the Scottish parliament's law-making powers is defined by outlining those areas of competence which would remain within the jurisdiction of Westminster.
The white paper says: "Good communication systems will be vital. The vast majority of matters should be capable of being handled routinely among officials of the departments in question. If further discussion is needed on any issue, the Cabinet Office and its Scottish executive counterpart will mediate, again at official level.
"On some issues there will need to be discussions between the Scottish executive and ministers in the UK government."
In drafting legislation for approval by the parliament, the executive will take advice from the law officers to ensure measures are intra vires.
The white paper outlines a key role for the parliament's presiding officer, the equivalent of the Commons speaker.
It says: "It will be for the presiding officer of the Scottish parliament to satisfy himself or herself that legislation, whether brought forward by the executive or by others, is intra vires before giving approval to introduction. The pre-legislative checks will ensure that any potential difficulties are identified at the earliest possible point.
"During the parliamentary passage of legislation, it will fall to the presiding officer to certify that all amendments selected for debate are within the remit of the Scottish parliament."
Prior to a Scottish bill receiving royal assent, there would be a short delay to ensure that the UK government believed it was intra vires.
If there was a dispute which couldn't be resolved, it would be referred to the Privy Council's judicial committee. In these instances, the committee will consist of at least five law lords. It could sit in Edinburgh.
The white paper makes a strong restatement of the sovereignty of the Westminster parliament. Underlining the fact Scotland is being offered devolution, not independence, the white paper says: "Scotland will of course remain an integral part of the United Kingdom. The Queen will continue to be head of the state of the UK.
"The UK parliament is and will remain sovereign in all matters: but as part of the Government's resolve to modernise the British constitution Westminster will be choosing to exercise that sovereignty by devolving legislative responsibilities to a Scottish parliament without in any way diminishing its own powers."
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