17. The proposed restructuring of the UK involves the central state remaining, in constitutional theory, supreme and varying degrees of authority over different matters being devolved to the three smaller nations of the UK (the Northern Ireland position being complicated by an element of extra-territorial authority which need not concern us here). It is not intended to set up a federal system in which power is divided nor a symmetrical system in which equal amounts of power are devolved to all the component parts.

18. Under the Scotland Act matters considered by the Government as necessary to 'safeguard the interests of the UK and the benefits of a consistent and regulated approach'[5] are reserved and everything else is devolved to the Scottish Parliament and Executive. Reserved matters are: the constitution of the UK, UK foreign policy, UK defence and national security, the protection of borders and certain matters subject to border controls, the stability of the UK's fiscal, economic and monetary system, common markets for UK goods and services at home and abroad, employment legislation, social security policy and administration, the regulation of certain (mainly health) professions, transport safety and regulation and certain other matters presently subject to UK or GB regulation or operation, including the UK Research Councils, nuclear safety, the control and safety of medicines, reciprocal health agreements, the designation of assisted areas, the Ordnance Survey, the regulatory framework for broadcasting and film classification including the regulation of the distribution of video recordings, the licensing of theatres and cinemas, cultural property matters dealt with at UK level, gambling and the National Lottery and data protection. In addition a number of matters in the health sector, including abortion, human fertilisation and embryology, genetics xenotransplantation and vivisection will be reserved in view of the need for a common approach. Equality legislation (covering racial, gender and disability discrimination) will be reserved. [6]

19. The Act does not list all those matters which will be devolved (indeed to do so would be very difficult), but the White Paper uses as illustrations:

·  health;

·  school education; further and higher education; science and research funding; training policy and lifelong learning; vocational qualifications; careers advice and guidance;

·  local government including local government finance and local domestic and non-domestic taxation; social work; voluntary sector issues; housing; area regeneration; land-use planning and building control;

·  economic development; financial assistance to industry; inward investment; the promotion of trade and exports; promotion of tourism; passenger and road transport covering the Scottish road network; appropriate air and sea transport powers; inland waterways;

·  criminal law and procedure except for offences created in statute law relating to reserved matters including drugs and firearms; civil law except in relation to matters which are reserved; electoral law in relation to local government elections; judicial appointments; the criminal justice and prosecution systems; the civil and criminal courts; tribunals concerned with devolved matters; legal aid; parole; prisons; the police and fire services; functions under international legal agreements in devolved areas; liquor licensing; the protection of animals;

·  the environment; the natural and built heritages; flood prevention, coast protection and reservoir safety;

·  agriculture; food standards; forestry; fisheries;

·  sport; the arts; statistics, public registers and records.[7]

There is also provision for the administrative devolution of reserved matters where appropriate. The powers now given to Scotland are wider than those offered in 1978; 'economic development, financial and other assistance to industry, universities, training, forestry, certain transport matters, the police and the prosecution system'[8] are now devolved.

20. The Parliament will be able 'to make laws in relation to devolved matters, to amend or repeal existing Acts of the UK Parliament...to amend or repeal Acts of the UK Parliament and to pass new legislation of its own in relation to devolved matters. It will also be able to consider and pass private legislation... in relation to devolved matters'.[9] It will be 'able to examine devolved areas and debate a wide range of issues, whether devolved or reserved'.[10] The Executive, to which will be transferred the statutory powers and duties currently exercised by Ministers of the Crown in Scotland in relation to devolved matters, will be accountable to the Parliament in a relationship which the Government expect will be similar to that between the UK Government and Parliament.[11]

21. Scotland is, by the wish of its people, at the forefront of constitutional change. The Minister was at pains to stress that: 'what we are doing up North is pioneering';[12] 'that [making the Scottish system work] will send a very positive message for change throughout the length and breadth of the British Isles'.[13] The Scottish model offers an exciting opportunity to experiment with new methods of government and new and more equal relationships between government and governed. Phrases that we frequently heard or read were 'holistic' and 'joined-up'; Scotland has a major advantage in achieving this in that it is a relatively small country where the major players tend to know each other already so that the contacts have already been made. The rest of the UK, and indeed observers abroad (as we were told in Bavaria and Catalonia) will be watching and learning with interest.

6  ibid. Back

7  ibid para.2.4. Back

8  ibid para.2.2. Back

9  ibid para.2.3. Back

10  ibid para.2.5. Back

11  ibid para.2.5. Back

12  Q361. Back

13  Q367. Back