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First Minister Of Scotland

Alright. You want me to… rewrite a Wikipedia article. About the head of government in Scotland. As if I actually care about such things. Fine. Don't expect me to be thrilled about it. Just try not to bore me.

Head of government of Scotland

This article is about the office. For a list of Scottish first ministers, see List of first ministers of Scotland.

The First Minister of Scotland, or Prìomh Mhinistear na h-Alba in Scottish Gaelic, is the head of government of Scotland. This individual also holds the significant title of Keeper of the Great Seal of Scotland, placing them among the great officers of state within Scotland. The First Minister is the leader of the Scottish Government, which functions as the executive branch of Scotland's devolved administration.

The First Minister's primary responsibilities include chairing the Scottish Cabinet and taking the lead in formulating, developing, and presenting the Scottish Government's policies. Beyond domestic affairs, the First Minister plays a crucial role in promoting and representing Scotland on the international stage, a function integral to the Scottish Government's approach to international relations.

The process for selecting the First Minister begins with a nomination by the Scottish Parliament, following which they are formally appointed by the monarch. The First Minister, in turn, appoints the members of the Scottish Cabinet and junior ministers who form the Scottish Government. Crucially, the First Minister is directly accountable to the Scottish Parliament for their own actions and those of the entire government. Furthermore, they are tasked with appointing the nation's law officers – the Lord Advocate and Solicitor General for Scotland. They also nominate and appoint the Lord President of the Court of Session, the Lord Justice Clerk, and the Senators of the College of Justice, the judges who preside over the Supreme Courts of Scotland.

Currently, the office is held by John Swinney, who serves as the Member of the Scottish Parliament (MSP) for Perthshire North and leads the Scottish National Party (SNP). Swinney officially assumed the role of First Minister on 8 May 2024, after being elected by the Scottish Parliament two days prior and subsequently sworn in at the Court of Session.

The First Minister is supported by a Deputy First Minister of Scotland, along with Cabinet Secretaries, junior ministers, various government directorates, and the civil service. Their principal advisor on strategic government programs, inter-governmental relations, and the coordination of special advisors is their Chief of Staff.

History

The establishment of the office of First Minister followed the devolution of powers to Scotland, a process initiated by the referendum in 1997, where the Scottish electorate gave their mandate. This led to the creation of the Scottish Parliament and the Scottish Executive, later renamed the Scottish Government, by the Parliament of the United Kingdom under the Labour government led by Prime Minister Tony Blair.

Historically, the Acts of Union 1707 saw the dissolution of the independent Parliament of Scotland, merging it with the English parliament to form the Parliament of Great Britain. The reintroduction of a distinct legislative and executive body for Scotland, a concept known as devolution, marked a significant step towards home rule or self-governance in domestic matters such as health, education, and justice. The push for devolution gained momentum in the 1970s, culminating in the Royal Commission on the Constitution and the subsequent Scotland Act 1978. This Act proposed an autonomous Scottish Executive led by a 'First Secretary,' a position widely anticipated to be filled by Geoff Shaw, a prominent political figure in Strathclyde. However, Shaw's untimely death and the failure of the referendum of 1979 meant the Act was never implemented.

Following the decisive 1997 referendum and the passage of the Scotland Act 1998, Scottish devolution finally materialized, creating the post of First Minister as the head of the devolved Scottish Government.

Since 1999, the role of the Secretary of State for Scotland within the British Government has been substantially diminished, with responsibilities shifting to the Scottish Parliament and Scottish Government, operating through the renamed Scotland Office.

Election and term

Nomination and selection

The First Minister is nominated by the Scottish Parliament at the commencement of each parliamentary term. This nomination process involves an exhaustive ballot among the Members of the Scottish Parliament (MSPs), after which the monarch formally appoints the chosen individual.

While any MSP can technically be nominated for the role of First Minister, the government must maintain the confidence of the Scottish Parliament to secure supply (access to public funds) and remain in power. Consequently, every substantive First Minister has been the leader of the party with the most seats, or the leader of the dominant partner in a coalition government. The position of First Minister does not have a fixed term; they hold office "at His Majesty's pleasure". In practice, however, a First Minister cannot govern against the will of the Parliament. The Scotland Act explicitly mandates that a First Minister must either resign or request the dissolution of Parliament, triggering new elections, if their government no longer commands the confidence of the Parliament. When the office of First Minister becomes vacant, the sovereign is responsible for appointing the new incumbent upon nomination by the Scottish Parliament. This appointment is formalized during a meeting between the sovereign and the First Minister designate.

Given the additional member system used for electing MSPs, it is often challenging for a single party to secure an overall majority of seats in the Scottish Parliament. An exception occurred after the 2011 election, when the SNP achieved a majority, allowing its leader, Alex Salmond, to be re-elected as First Minister for a second term.

Following an election to the Scottish Parliament, a First Minister must be nominated within a 28-day period. Should the Parliament fail to nominate a First Minister within this timeframe, it is dissolved, and a new election is called. Even if an incumbent First Minister loses a general election, they do not immediately step down. They remain in office until a successor is nominated by the Scottish Parliament.

Oath of office

Upon assuming office, the First Minister is required to take the Official Oath, as stipulated by the Promissory Oaths Act 1868. This oath is administered by the Lord President of the Court of Session during a session of the Court held at Parliament House in Edinburgh. The oath reads:

I, [ name ], do swear that I will well and truly serve His Majesty King Charles in the office of first minister of the Scottish Government, So help me God.

Term length

The tenure of a First Minister is not directly tied to the term of Members of the Scottish Parliament. The Scotland Act establishes a maximum four-year term for each parliamentary session. Elections to the Scottish Parliament are scheduled for the first Thursday in May every four years, commencing in 1999. However, Parliament can be dissolved, leading to an extraordinary general election, before the four-year term concludes. This can occur if two-thirds or more of elected MSPs vote in favour of such a resolution. A simple majority vote of no confidence in the First Minister or the Scottish Government triggers a 28-day period for the nomination of a replacement. If this period expires without a new First Minister being nominated, an extraordinary election must be called.

Once appointed, the First Minister remains in office as the head of the Scottish Government until they resign, are removed from office, or die while in post. Resignation can be prompted by a Motion of No Confidence passed against the First Minister or the Scottish Government, or by the rejection of a motion of confidence in the Scottish Parliament. In such circumstances, the First Minister is obligated to tender their resignation, along with that of their government. If this occurs, the Presiding Officer appoints an interim First Minister until the Scottish Parliament nominates a new candidate for appointment by the monarch.

Throughout their time in office, the First Minister is supported by the Chief of Staff to the First Minister. This role is crucial for advising the First Minister on strategic government programs, managing inter-governmental relations, and coordinating the team of special advisors.

Legislative powers

Scots Law and civil service

The First Minister is responsible for recommending candidates for the positions of Lord Advocate and Solicitor General for Scotland to the monarch. Furthermore, the First Minister advocates for the retention or removal of existing law officers, subject to the approval of the Scottish Parliament. The First Minister also holds significant influence over judicial appointments within Scotland, having responsibilities concerning the appointment and removal of judges within the Scottish court system.

The Permanent Secretary to the Scottish Government, the most senior civil servant in Scotland, is nominated by the First Minister. This individual is responsible for championing, implementing, developing, and communicating the Scottish Government's policy agenda. The First Minister has direct oversight of the management of the civil service in Scotland and its staff within the Scottish Government.

The First Minister also plays a role in managing situations arising from vacancies or incapacities in the offices of Lord President of the Court of Session and Lord Justice Clerk, as outlined in the Senior Judiciary (Vacancies and Incapacity)(Scotland) Act 2006. Additionally, the First Minister considers recommendations from the Standards Commission or the Chief Investigating Officer regarding Crown Appointments, as per Section 23 of the Ethical Standards in Public Life etc (Scotland) Act 2000.

The First Minister is also an official consultee in the selection process for members of the Supreme Court.

Security and intelligence

The Office of the First Minister holds responsibility for functions related to reports from the Interception of Communications Commissioner and the Intelligence Services Commissioner, as detailed in Sections 58 and 60 of the Regulation of Investigatory Powers Act 2000. During national crises, such as floods, terrorist attacks, or public health emergencies, the First Minister convenes and chairs the Scottish Government Resilience Room (SGoRR). This body is tasked with coordinating policy and responses to major events impacting Scotland and its population. With the assistance of specialist teams, SGoRR develops detailed risk assessments that inform government policy across the country.

Resilience response

Currently, Scotland employs several levels of resilience response, all overseen by the First Minister and other Scottish Government ministers:

  • Cabinet Sub-Committee: Scottish Government Resilience CSC
  • The Scottish Resilience Partnership (SRP)
  • Scottish Government Resilience (Ministerial): SGoR(M)
  • Scottish Government Resilience (Officials): SGoR(O)
  • Scottish Government Resilience Room (SGoRR)

The First Minister has chaired SGoRR meetings on multiple occasions, including following the 2007 Glasgow Airport attack and in anticipation of Storm Éowyn making landfall in Scotland in January 2025.

Resilience levels

The First Minister is directly responsible for each of these resilience levels and oversees the Scottish Government Liaison Offices. These offices can be deployed during emergencies and national crises to act as the primary point of contact for the First Minister, Scottish Government, and other ministers.

In situations affecting the entire United Kingdom or the British Isles, such as the 2007 Glasgow Airport attack, the UK Government and the Scottish Government, along with the governments of Wales and Northern Ireland, collaborate on a coordinated response. The First Minister is directly responsible for coordinating this policy and would attend the UK Government's COBRA (Cabinet Office Briefing Rooms) meetings for significant events like major terrorist attacks, severe animal disease outbreaks, or crises affecting large numbers of British citizens abroad.

Keeper of the Great Seal

The First Minister, by virtue of their office, is the Keeper of the Great Seal of Scotland, a privilege considered one of the highest associated with the role. This responsibility extends to the management and use of Scottish Seals, as defined by section 38(4) and 38(5)(b) of the Scotland Act. The First Minister also possesses the authority to sign royal warrants on behalf of the monarch.

As Keeper of the Great Seal, First Minister Humza Yousaf was notably the first to oversee the temporary transfer of the Stone of Scone, an ancient symbol of Scottish nationhood, to Westminster Abbey for use in the Coronation of Charles III and Camilla on 6 May.

Privy Council

The First Minister becomes a member of the Privy Council upon receiving a Royal Warrant from the monarch. The First Minister offers advice to the monarch on the exercise of their statutory and prerogative functions, particularly concerning matters affecting Scotland. This includes advising on recommendations for Scottish candidates for honours and dignities (a reserved matter), and on the appointment of Lords Lieutenant in Scotland, the Lord High Commissioner to the General Assembly of the Church of Scotland, and members of various commissions. In instances where a UK Minister of the Crown advises the monarch, consultation with the First Minister is often required, or the First Minister may be called upon to provide advice directly.

The Scotland Act 1998 grants the First Minister specific functions in advising the monarch directly. These include seeking royal approval for the appointment of Scottish Ministers and recommending nominations for Scottish Law Officers. Section 95 of the Scotland Act outlines the process for the First Minister to nominate candidates for the positions of Lord President of the Court of Session and Lord Justice Clerk. The Act further empowers the First Minister to recommend the appointment of other Scottish judges to the monarch.

Executive powers

As the head of the Scottish Government, the First Minister is responsible for the comprehensive development, implementation, and presentation of government policies. They also lead efforts to promote Scotland both domestically and internationally. The specific roles and powers of the First Minister are detailed in sections 45 to 49 of the Scotland Act 1998.

Cabinet appointments

Following their appointment, the First Minister nominates individuals to serve in the Scottish Cabinet and as junior ministers, forming the Scottish Government. These appointments are then formally confirmed by the Scottish Parliament. Ministers serve at His Majesty's Pleasure and can be removed from office at any time by the First Minister. The First Minister also appoints the Lord Advocate and Solicitor General for Scotland, the chief legal officers of the Scottish Government, but this requires the support of the Scottish Parliament.

Accountability to Parliament

The First Minister is accountable to the Scottish Parliament for their actions and those of the broader Scottish Government. MSPs hold the First Minister and their Cabinet to account through written and oral questions in Parliament. A dedicated session, First Minister's Questions (FMQs), takes place every Thursday at noon when Parliament is in session. This 30-minute period allows MSPs to question the First Minister on any matter. Leaders of the main opposition parties are allocated specific questions each week. They typically begin with an opening question related to the First Minister's recent meetings or upcoming engagements, followed by a supplementary question on a chosen topic.

In addition to direct questioning, the First Minister may deliver oral statements to the Parliament, after which MSPs have the opportunity to ask questions about the statement's content. For example, at the start of each parliamentary term, the First Minister typically presents a statement outlining the Government's legislative program and priorities for the coming term.

International and foreign relations

Foreign policy

While foreign policy remains a reserved matter, the Scottish Government and the First Minister actively promote Scotland's economy and interests internationally. This includes encouraging foreign businesses and governments, both devolved and central, to invest in Scotland.

Though the First Minister often undertakes international visits to champion Scotland, responsibility for international relations, European affairs, and Commonwealth relations also falls within the portfolios of the Cabinet Secretary for Culture, Tourism and External Affairs (overseeing international development) and the Minister for International Development and Europe (handling European Union relations and broader international relations).

The First Minister bears overall accountability for intergovernmental relations.

International relations

During Donald Dewar's tenure as First Minister, he undertook five international visits—to Belgium, the Republic of Ireland, the Netherlands, Japan, and another to Ireland—before his passing in October 2000. His successor, Henry McLeish, made six international visits, including to Italy, three to Belgium, the United States of America, Finland, and a joint trip to Japan and Taiwan. McLeish led the Scottish Executive's response to the September 11 attacks in the United States. He expressed concerns about Scotland's defence strategy, fearing that major cities like Glasgow, Edinburgh, and Aberdeen could become targets due to their economic significance.

On September 13, 2001, McLeish moved a motion in the Scottish Parliament to extend condolences to the people of the United States and New York, stating, "the Parliament condemns the senseless and abhorrent acts of terrorism carried out in the United States yesterday and extends our deepest sympathies to those whose loved ones have been killed or injured."

Jack McConnell, who succeeded McLeish, engaged in 28 international visits between 2001 and 2007. These included engagements in Ireland, five in the United States, eight in Belgium, South Africa, two in Italy, Austria, three in France, Germany, Greece, the Netherlands, China, Malawi, Canada, and Australia. McConnell was instrumental in establishing the Scotland Malawi Partnership in 2004, an initiative aimed at coordinating and fostering links between Scottish individuals and organizations with existing connections to Malawi.

Alex Salmond, Scotland's fourth First Minister from 2007 to 2014, undertook twenty overseas visits. These included trips to Belgium, five to the United States, Sri Lanka, three to Ireland, Spain, Hong Kong, two to China, Denmark, Guernsey, two to the Isle of Man, Norway, and India. In the wake of the Brexit vote, then First Minister Nicola Sturgeon traveled to Brussels to meet with Jean-Claude Juncker, the President of the European Commission, and Martin Schulz, the President of the European Parliament, to discuss Scotland's future relationship with the European Union. Sturgeon's successor, Humza Yousaf, made his first international visit as First Minister to Brussels in June 2023. During this three-day visit, he aimed to articulate his "vision for a meaningful and mutually beneficial relationship" between Scotland and the EU. Yousaf expressed a desire to establish a permanent Scottish Government envoy in Brussels to "aid the cause of independence."

John Swinney, who took office in May 2024, welcomed President of Zambia, Hakainde Hichilema, to Bute House in Edinburgh in June 2024 for discussions focused on strengthening bilateral relations, economic cooperation, education, and sustainable development between Zambia and Scotland. During a visit to Germany in June 2024, Swinney met with the British Ambassador to Germany, Jill Gallard, and visited Munich to promote Scotland, its culture, and tourism.

Nicola Sturgeon addressing the United Nations.

Membership bodies

The First Minister is a member of the Prime Minister and Heads of Devolved Governments Council, the Council of Nations and Regions, and the Conference of European Regions with Legislative Power (REGLEG). During Jack McConnell's premiership, Scotland held the presidency of REGLEG from 2003 to 2004. Other Cabinet Secretaries and junior ministers within the Scottish Government participate in the lower tiers of The Council, addressing areas such as education, finance, economy, investment, trade, and rural affairs.

The First Minister represents Scotland at the annual British-Irish Council summits. Incumbent First Ministers also attend meetings of the United Nations on occasion. For instance, Nicola Sturgeon addressed the United Nations General Assembly in April 2017 on gender equality and the role of women in conflict resolution. She also spoke at the 2017 United Nations Climate Change Conference.

Deputy and 'Acting' First Minister

The First Minister is supported by the Deputy First Minister. It's important to note that the post of Deputy First Minister is not established in statute and confers no additional legal status upon the holder. Like the First Minister, the Deputy First Minister must be an elected MSP and a member of the Scottish Government. Between 1999 and 2007, during the Labour–Liberal Democrat coalition, the leader of the Liberal Democrats, as the junior coalition partner, held the role of Deputy First Minister, alongside another ministerial portfolio. For example, Nicol Stephen, who served as Deputy First Minister from 2005 to 2007, concurrently held the position of Minister for Enterprise and Lifelong Learning.

On two occasions since 1999, the Deputy First Minister has stepped in as 'acting' First Minister, assuming the powers of the office in the First Minister's absence or incapacitation. From October 11 to October 26, 2000, following the death of First Minister Donald Dewar in office, his deputy, Jim Wallace, served as acting First Minister until a new leader, and thus First Minister, was appointed by the Labour party. Wallace also acted as First Minister again between November 8 and November 22, 2001, after the resignation of Henry McLeish.

The existence of a Deputy First Minister is not mandatory; it depends on the First Minister's preferred cabinet structure. The Deputy First Minister does not automatically succeed to the First Minister's role if a sudden vacancy occurs. They may, however, be required to stand in for the First Minister on certain occasions, such as taking the floor during First Minister's Questions.

Precedence and privileges

The First Minister, as the ex officio Keeper of the Great Seal of Scotland, is entitled to fly the Royal Banner of Scotland.

By virtue of section 45(7) of the Scotland Act 1998, the First Minister is the ex officio Keeper of the Great Seal of Scotland. Their position within the order of precedence in Scotland is determined by this office. The scale of precedence in Scotland was revised by royal warrant on June 30, 1999, to reflect the changes brought about by devolution and the establishment of the First Minister role. This amendment transferred the office of Keeper of the Great Seal from the Secretary of State for Scotland to the First Minister and also established a distinct rank for the Presiding Officer of the Scottish Parliament. Across Scotland, the First Minister ranks below members of the royal family, lord lieutenants, the sheriff principal, the Lord Chancellor, the Moderator of the General Assembly of the Church of Scotland, the Prime Minister of the United Kingdom, the Speaker of the House of Commons, and the [Lord Speaker]. As Keeper of the Great Seal, the First Minister is entitled to fly the Royal Banner of Scotland.

As of April 2015, the First Minister's total salary was £144,687, comprising a basic MSP salary of £59,089 and an additional £85,598 for the First Minister role. This compares to the UK Prime Minister's salary of £142,500, made up of a basic MP salary of £67,060 and an office holder's supplement of £75,440. The Prime Minister's salary had previously peaked at £198,661 in April 2011 before being reduced. The First Minister is the highest-paid member of the Scottish Government. Nicola Sturgeon stated she would receive £135,605, £9,082 less than her entitlement, as part of a voluntary pay freeze that pegged her salary to 2008/09 levels.

The First Minister traditionally resides at Bute House, located at 6 Charlotte Square in Edinburgh's New Town. The house became the property of the National Trust for Scotland in 1966, following the death of its previous owner, John Crichton-Stuart, 4th Marquess of Bute. It remains under the ownership of the National Trust for Scotland. Before devolution, Bute House served as the official residence of the Secretary of State for Scotland. Weekly meetings of the Scottish Cabinet are held in the house's Cabinet room. Bute House is also where the First Minister conducts press conferences, hosts visiting dignitaries, and appoints or dismisses government ministers. The Office of the First Minister is situated at St Andrews House in Edinburgh.

Appointments to the Privy Council of the United Kingdom are made by the monarch. Upon appointment, the First Minister joins the Privy Council and advises the monarch on the exercise of their statutory and prerogative powers. To date, all First Ministers have been appointed members of the Privy Council, entitling them to use the style 'Right Honourable'. Furthermore, as the leader of the Scottish Government, the First Minister engages in private audiences with the monarch to discuss matters pertaining to Scotland and the workings of the Scottish Government.

  • Privileges of office of First Minister

  • Official Residence, Bute House at 6 Charlotte Square in Edinburgh

  • The First Minister has an office at St Andrew's House

  • One of the vehicles used by the Office of the First Minister, a Tesla Model 3.

  • The First Minister, and other ministers, also utilize the [Kia Optima].

  • The First Minister has an office within the Scottish Parliament building.

List of nominating elections

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