Scotland Act 2012 - Sarcasm Wiki

Contents

1. Overview
2. Etymology
3. Cultural Impact

The Scotland Act 2012 (cited as 2012 c. 11) is a significant piece of legislation enacted by the Parliament of the United Kingdom . Its primary purpose was to amend the foundational Scotland Act 1998 , thereby extending the powers devolved to Scotland . This expansion of devolved authority was largely a response to the recommendations put forth by the Calman Commission , a body established to review the existing devolution settlement. The Act received its Royal assent on 1 May 2012, marking a new chapter in the constitutional landscape of the United Kingdom .

Long title and Citation

The Act’s Long title clearly states its intent: “An Act to amend the Scotland Act 1998 and make provision about the functions of the Scottish Ministers; and for connected purposes.” This succinct description underscores its dual focus on refining existing devolutionary frameworks and introducing new provisions for the executive branch in Scotland. Its Citation as 2012 c. 11 places it within the legislative output of that parliamentary year.

Context and Purpose

The Scotland Act 2012 emerged from a period of introspection regarding the effectiveness and scope of devolution in Scotland. While the Scotland Act 1998 had established the Scottish Parliament and Scottish Executive (now Scottish Government), there was a growing sentiment, particularly articulated by the Calman Commission, that certain fiscal and legislative powers remained too centralized. The commission’s findings highlighted a desire for a more robust devolution settlement, one that would grant Scotland greater control over its own affairs, particularly in areas of taxation and public spending. The 2012 Act was designed to translate these recommendations into tangible legislative changes, aiming to enhance the accountability of the Scottish Parliament to its electorate by giving it more control over the levers of government.

Main Provisions

The Act introduced a suite of new powers, significantly broadening the legislative and fiscal competence of the Scottish Parliament. These included:

Income Tax Powers: Perhaps the most substantial change was the granting of the power to vary the Scottish rate of income tax . The Scottish Parliament was empowered to raise or lower income tax by up to 10 pence in the pound. This modification was to be applied uniformly across all tax bands, meaning any adjustment would affect taxpayers at every income level. This move was designed to provide the Scottish Government with a direct mechanism to influence its own revenue streams and tailor fiscal policy to Scottish circumstances.
Devolution of Specific Taxes: The Act also facilitated the devolution of certain taxes, effectively replacing UK-wide taxes with Scottish equivalents. Stamp duty and landfill tax were devolved to Scotland. This meant that the Scottish Parliament could introduce its own rates and structures for these taxes, allowing for policies more aligned with Scottish economic and environmental priorities.
Borrowing Powers: To provide greater fiscal flexibility, the Scottish Government was granted borrowing powers. This allowed the Scottish Government to borrow funds, up to a limit of £5 billion, for capital investment projects. This was a crucial step in enabling Scotland to finance its own infrastructure and development initiatives.
Legislative Control: Beyond fiscal matters, the Act extended legislative control over a number of additional areas. This included limited powers concerning drink driving limits and the regulation of air weapons . These grants of power, while seemingly specific, represented a gradual but significant expansion of the Scottish Parliament’s remit into areas previously reserved for Westminster.
Establishment of Revenue Scotland: To manage the newly devolved tax powers, the Act provided for the creation of Revenue Scotland . This new body was established as the tax authority responsible for administering Scotland’s devolved taxes. While Revenue Scotland took charge of these devolved taxes, HM Revenue and Customs continued to collect all taxes that remained within the reserved powers of the UK Parliament.

The Calman Commission and its Influence

The legislative impetus for the Scotland Act 2012 can be directly traced to the Calman Commission , officially the Commission on Scottish Devolution. This commission was established in December 2007, initiated by an opposition motion put forward by the Labour Party in the Scottish Parliament . It is noteworthy that this occurred against the stated opposition of the Scottish National Party , which at the time led a minority government in Scotland. The commission’s mandate was to review the devolution settlement and propose recommendations for its enhancement, with a particular focus on fiscal matters.

Professor Jim Gallagher , a distinguished civil servant, played a pivotal role, drafting the initial Bill that would eventually become the Scotland Act 2012. His expertise was later called upon by the Scotland Bill Committee of the Scottish Parliament , a committee convened by Wendy Alexander , whose earlier parliamentary motion had, in effect, set the Calman process in motion. The commission’s final report provided the blueprint for many of the provisions enacted in the 2012 Act.

Legislative Passage

The journey of the Scotland Bill, which preceded the Act, through the Parliament of the United Kingdom was not without its complexities. The bill was formally introduced in the House of Commons by Michael Moore , who then held the position of Secretary of State for Scotland . This presentation occurred on St Andrew’s Day , 30 November 2010, a symbolically significant date for Scotland. The bill subsequently received an unopposed second reading on 27 January 2012, indicating a broad consensus on its general direction at that stage.

A critical element in the passage of the bill was the requirement for a legislative consent motion from the Scottish Parliament . The UK government had stated its intention not to proceed with the bill unless it secured this approval from Holyrood, although legally, the Parliament of the United Kingdom possessed the authority to pass the bill regardless of the Scottish Parliament’s stance. The governing Scottish National Party initially signaled its intention to block the bill, expressing concerns that it did not go far enough in devolving powers. However, following negotiations and a subsequent agreement reached between the UK and Scottish governments on 21 March 2012, the political landscape shifted. This agreement paved the way for the Scottish Parliament to unanimously pass a legislative consent motion for the bill on 18 April 2012, thereby smoothing its path to royal assent.

Reaction and Analysis

The passage of the Scotland Act 2012 was met with varied reactions and analyses, reflecting the complex political dynamics surrounding devolution. Michael Moore , in his capacity as Secretary of State for Scotland, hailed the legislation as a landmark achievement, describing it as the most significant transfer of fiscal powers from the central government since the very creation of the United Kingdom . This assertion underscored the perceived magnitude of the shift in power.

The Scottish National Party (SNP), while ultimately supporting the bill after concessions were made, maintained a critical stance on certain aspects. They viewed some of the income tax proposals as inadequate and expressed disappointment that certain powers initially considered for return were ultimately excluded. The SNP’s agreement to support the bill was contingent on specific adjustments, including an understanding that the precise details of any income tax changes would be subject to approval by Members of the Scottish Parliament (MSPs).

Following the bill’s receipt of legislative consent from the Scottish Parliament, Bruce Crawford , the Cabinet Secretary for Parliamentary Business and Government Strategy , acknowledged that while the bill would not be detrimental to Scottish interests, it represented a “missed opportunity.” He argued that the context had evolved significantly, particularly with the return of an SNP majority government in 2011 and the subsequent decision to hold an independence referendum . From this perspective, the 2012 Act, while a step forward, had been somewhat overtaken by the broader political discourse on Scotland’s future constitutional status.

Amendment and Judicial Review Concerns

A notable point of discussion and potential future amendment revolved around section 57(2) of the Scotland Act 1998 , as it pertained to the Lord Advocate . This section stipulated that the Lord Advocate, despite being a member of the Scottish Executive (now Scottish Government), could not act in contravention of European Convention on Human Rights obligations. Given that the Lord Advocate holds the dual roles of chief legal advisor to and representative of the Scottish Government in Scots law , and also heads the system of criminal prosecution in Scotland , with all prosecutions proceeding under their authority, this provision created a potential avenue for human rights issues arising in criminal proceedings to be escalated to the UK Supreme Court as a “devolution issue.”

The composition of the Supreme Court, with its bench typically comprising two judges from Scotland and ten from other parts of the UK, raised concerns for some. When hearing Scottish appeals, a bench of at least five judges would be convened. Even with both Scottish judges present, the majority of the bench would consist of judges who might not possess extensive familiarity with the nuances of Scots law and its criminal procedure. Although [Lord Hope of Craighead](/David_Hope, Baron Hope of Craighead), the then Deputy President of the Supreme Court, suggested that non-Scottish judges generally deferred to their Scottish colleagues in Scottish cases, and often adopted their judgments, this situation was viewed by some, including the Scottish Government , as potentially undermining the supreme authority of the High Court of Justiciary as the ultimate court of appeal in Scottish criminal matters. It was also seen by some as potentially compromising the integrity of Scots law itself.

In response to these concerns, the Advocate General for Scotland commissioned an expert group, chaired by Sir David Edward , to examine the issue and propose recommendations. These recommendations informed amendments to the Scotland Bill put forward by the UK Government. Nevertheless, the Scottish Government remained apprehensive that these amendments might not fully resolve the issue, particularly in light of the Supreme Court’s decision in the case of Fraser v HM Advocate . Consequently, the Scottish Government appointed its own expert group, led by [Lord McCluskey](/John_McCluskey, Baron McCluskey), to further investigate and report on the matter.

Status and Amendments

The Scotland Act 2012 remains a key piece of legislation governing the devolution settlement. It has been subsequently amended, most notably by the Scotland Act 2016 , which introduced further significant transfers of power, particularly in relation to welfare and taxation. The text of the Act, as originally enacted and as amended over time, is available on legislation.gov.uk .