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Scottish Government

Alright, let's get this over with. You want to talk about the devolved government of Scotland. Fine. It's not exactly the most thrilling subject, but I suppose someone has to document it. Just try not to bore me.

Scottish Government

The Scottish Government, or Riaghaltas na h-Alba in Scottish Gaelic (which sounds like "ree-al-tass nah ha-lap-uh," if you must know), and Scots Govrenment in Scots, is the devolved government for Scotland. It’s been around since July 1, 1999, a date that probably means little to most, but it marks the rather belated return of a distinct Scottish executive. Its leader is the First Minister, currently John Swinney, who is nominated by the Scottish Parliament and then, with the usual pomp, appointed by the monarch. The main engine of this government is the Scottish Cabinet, supported by a rather sprawling network of 56 government directorates, 131 public bodies, 10 executive agencies, and 46 non-executive agencies. It’s responsible for an annual budget of around £59.7 billion, as of 2024–25, which is a lot of money, frankly. Its headquarters, like a dark, brooding monument to bureaucracy, is St Andrew's House in Edinburgh. You can find their digital footprint at gov.scot, if you’re inclined to delve deeper into the mundane.

This entire apparatus is, of course, accountable to the Scottish Parliament. It’s part of a larger tapestry, the Politics of Scotland, which itself is a thread in the broader Politics of the United Kingdom. There's also the ever-present, if often detached, Crown, currently embodied by Charles III, with William, Duke of Rothesay waiting in the wings.

History

The whole devolution business kicked off properly with the 1997 referendum on Scottish devolution. Before that, there were earlier attempts at governance, lost in the mists of medieval Scotland and early modern Scotland. The Labour Party, under Tony Blair, promised a Scottish Parliament, and after a rather decisive victory in the 1997 general election, they delivered. The referendum itself, in September 1997, was overwhelmingly in favour – 74.2% said yes. It was a clear mandate, or at least, a clear enough signal to proceed. The Scotland Act 1998 was the legal instrument, creating both the Parliament and the Scottish Executive, which would eventually become the Scottish Government. Much of the power previously held by the Scottish Office and the Secretary of State for Scotland was transferred. This new body was granted control over tax-varying powers and, crucially, legislative control over areas like education, healthcare, justice, and Scots law.

Later, the Scotland Act 2012 and the Scotland Act 2016 expanded these powers, handing over control of certain taxation matters, including Income Tax, Land and Buildings Transaction Tax, and various other levies. They also gained authority over things like drink driving limits, elections, some social security powers, and the management of the Crown Estate of Scotland.

The first person to hold the reins of this new devolved administration was Donald Dewar, as First Minister. His government was a coalition of Scottish Labour and the Scottish Liberal Democrats. This arrangement continued under Henry McLeish and Jack McConnell. Then, after the 2007 Scottish Parliament election, the Scottish National Party (SNP) took the lead, with Alex Salmond becoming First Minister. He served until 2014, when Nicola Sturgeon, his deputy, stepped into the role.

It was under Salmond's administration, in 2007, that the name officially changed from the Scottish Executive to the Scottish Government. This shift, which had been proposed earlier by McLeish but met with some resistance—apparently, using the term "government" was controversial then—was later enshrined in legislation. Along with the name change came a new emblem, ditching the Royal Coat of Arms for the Flag of Scotland.

Then came the big one: the 2014 Scottish independence referendum. The Scottish Government, having secured the necessary powers through the Edinburgh Agreement, orchestrated a vote on Scotland's future. Spoiler alert: it didn't pass.

The physical heart of the Scottish Government remains St Andrew's House in Edinburgh. They also have offices at Victoria Quay, Saughton House, and Bute House, the First Minister's official residence. A presence is maintained in Glasgow at 5 Atlantic Quay. For those occasions requiring a London presence, Scotland House at Victoria Embankment is available, though Dover House is now solely for the Scotland Office.

As of January 1, 2021, following Brexit, the Scottish Government has committed to keeping its legislation aligned with future European Union law in devolved areas, a move formalized by the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2020.

Functions

The Scottish Government and the Scottish Parliament are distinct entities, though inextricably linked. Parliament, with its 129 Members of the Scottish Parliament (MSPs), acts as the legislative body for devolved matters. The Government, in turn, is responsible for proposing legislation, setting policy, and generally running the country within its remit. Parliament scrutinizes the government through debates, committees, and questions.

The Government is responsible for enacting laws passed by Parliament. The party or coalition that commands a majority in Parliament typically forms the Government. If a bill clears all parliamentary stages and receives royal assent from the monarch, it becomes law, sanctioned by the Great Seal of Scotland.

Each year, the Government presents its budget to Parliament. This involves a multi-stage process of debate, amendment, and voting, culminating in royal assent. The First Minister, not the Presiding Officer of Parliament, is the head of the Government.

The National Performance Framework (NPF), introduced in 2007, sets out the Government's priorities and vision across eleven national outcome areas, from health and poverty to the environment and education. It’s a way to measure their performance, a sort of public pledge. The Programme for Government, published annually, details the specific actions and legislative agenda for the coming year.

Legislation

Most bills brought before the Scottish Parliament originate from the Scottish Government. The process involves policy formulation, drafting, and parliamentary debate. Once a bill becomes law, the Government is tasked with implementing it, often through Scottish statutory instruments.

Statistics and transparency

The Scottish Government publishes a vast array of statistics covering nearly every aspect of Scottish life – education, the economy, health, demographics, and so on. They use this data to assess the effectiveness of their policies. Transparency is also a stated goal, with commitments to publish information on public spending, senior civil servant salaries, and performance against the NPF. The Freedom of Information (Scotland) Act 2002 grants the public the right to request information.

Structure

The Scottish Government is composed of a First Minister, a Deputy First Minister, Cabinet Secretaries, and other ministers. For legal purposes, they are collectively known as "Scottish Ministers." Cabinet Secretaries form the Scottish Cabinet, while other ministers typically do not attend.

Supporting them is a Permanent Secretary, the highest-ranking civil servant, along with two law officers: the Lord Advocate and the Solicitor General for Scotland. There's also a Chief of Staff and numerous other officials. The Scottish Civil Service supports the Government, though it operates under the rules of His Majesty's Civil Service, serving the Scottish Government specifically.

The current structure, as of May 2024, is the Swinney government, with John Swinney as First Minister and Kate Forbes as Deputy First Minister and Cabinet Secretary for Economy and Gaelic.

First Minister

The First Minister of Scotland is the head of the Scottish Government and also serves as the Keeper of the Great Seal. They chair the Scottish Cabinet and are responsible for policy direction and representing Scotland. The First Minister is nominated by the Scottish Parliament and appointed by the monarch. They are accountable directly to Parliament. John Swinney holds this office as of May 7, 2024.

Bute House in Edinburgh serves as the official residence of the First Minister. In their capacity as Keeper of the Great Seal, the First Minister is one of the few authorized to fly the Royal Banner of the Royal Arms of Scotland.

Deputy First Minister

The Deputy First Minister of Scotland supports the First Minister and acts in their stead during absences. They may also field questions in Parliament on the First Minister's behalf. The current Deputy First Minister is Kate Forbes, who also holds the position of Cabinet Secretary for Economy and Gaelic.

Cabinet

The Scottish Cabinet is the primary decision-making body for policy coordination. It meets weekly when Parliament is in session, usually on Tuesdays in Bute House. Members are provided with blue despatch boxes for their use. Two sub-committees exist: the Cabinet Sub-Committee on Legislation and the Scottish Government Resilience Room (SGoRR) Cabinet Sub-Committee.

Law Officers

The principal legal advisors to the Scottish Government are the Lord Advocate and the Solicitor General for Scotland. The Lord Advocate heads the Crown Office and Procurator Fiscal Service, serving as the chief public prosecutor and responsible for investigating deaths. They are considered one of the Great Officers of State. The current Lord Advocate is Dorothy Bain KC. The Solicitor General is the deputy to the Lord Advocate, also advising the government on Scots law and assisting with prosecution matters. Ruth Charteris KC holds this position. These officers are appointed by the monarch on the First Minister's recommendation.

Civil Service

The Scottish Government is supported by officials from the UK Civil Service, referred to collectively as the Scottish Administration. As of 2012, there were around 16,000 civil servants. Eight Director–Generals head departments, each overseeing multiple directorates and agencies. While these civil servants serve the Scottish Government, the civil service itself is a reserved matter under the purview of the British parliament.

Permanent Secretary

The Permanent Secretary to the Scottish Government is the most senior civil servant, leading the strategic board and supporting the First Minister and Cabinet. They are the accountable officer for the government's finances. Joe Griffin is the current Permanent Secretary, having succeeded John-Paul Marks. The Permanent Secretary is part of the UK Civil Service and the UK-wide Permanent Secretaries Management Group but is accountable to Scottish Ministers for policy.

Strategic Board

The Strategic Board of the Scottish Government comprises the Permanent Secretary, Directors-General, chief advisers, and non-executive directors. It provides support to the government and acts as the executive arm of the Scottish civil service.

Directorates

The Scottish Government is structured into 55 directorates, grouped into eight "Directorates General," each led by a Director-General. These departments execute government policy. Unlike in the UK Government, senior ministers do not lead specific directorates.

The Crown Office and Procurator Fiscal Service, an independent prosecution service, is a ministerial department headed by the Lord Advocate.

Executive Agencies

Ten executive agencies are established to carry out specific functions, such as the Scottish Prison Service and Transport Scotland. They are staffed by civil servants. Two non-ministerial departments, the General Register Office for Scotland and the Office of the Scottish Charity Regulator, answer directly to Parliament.

Public Bodies

The Government oversees a multitude of non-departmental public bodies, including executive bodies like Scottish Enterprise, advisory bodies like the Scottish Law Commission, and tribunals. These are staffed by public servants. Other bodies under the Government's remit include NHS Boards and HM Chief Inspector of Constabulary for Scotland.

Budget

The Scottish budget is outlined annually, detailing spending and tax plans. The fiscal year runs from April 1 to March 31, with the budget presented to Parliament usually in November. The Budget Bill undergoes parliamentary scrutiny and voting before receiving royal assent. The Government allocates funds to departments, sets tax rates, and proposes new benefits and services. In 2019-2020, around 58% of Scotland's total spending was managed by the Scottish Government and local government, compared to 41% by UK government bodies.

The budget is primarily funded by block grants determined by the Barnett Formula, devolved taxes, adjustments, reconciliation payments, and government borrowing. The Cabinet Secretary for Finance and Local Government is responsible for presenting the budget.

Elections and Voting

Scotland does not directly elect a First Minister or government. Instead, the electorate votes for MSPs in parliamentary elections. The party with the most seats typically forms the government. Since 2007, the SNP has led the government, achieving a majority in 2011. The Scottish Elections (Representation and Reform) Bill aims to enhance democratic processes, notably by preventing MSPs from also serving as MPs. The Scottish Government manages all elections for the Scottish Parliament and local government. Notably, the Scottish Elections (Reduction of Voting Age) Bill lowered the voting age to 16 for Scottish Parliament and local elections, first implemented in the 2016 Scottish Parliament election.

Local Government

Local government in Scotland comprises 32 independent councils responsible for public services like education, social care, and waste management. They receive funding from the Scottish Government. The Cabinet Secretary for Finance and Local Government manages relations between the central government and these local authorities.

Responsibilities

The responsibilities of the Scottish Ministers largely mirror those of the Scottish Parliament, as defined by the Scotland Act 1998 and subsequent legislation. These include significant areas such as healthcare, education, Scots law, policing, environmental protection, housing, and taxation. The 1998 Act also allowed for the transfer of functions between UK and Scottish Ministers, creating a dynamic where powers can be exchanged.

Under Scotland Act 1998

Key devolved areas include:

Under Scotland Acts 2012 and 2016

Further powers transferred include:

Matters Reserved to the UK Government

Certain areas remain under the exclusive control of the Parliament of the United Kingdom, known as "reserved matters". These include:

Offices

St Andrew's House in Edinburgh is the main headquarters. Other offices are located in Edinburgh (Victoria Quay, Saughton House) and Glasgow (Atlantic Quay). The Crown Office and Procurator Fiscal Service has its main offices on Chambers Street. Bute House is the official residence of the First Minister. Ministers and officials can access Scotland House in London, while Dover House is now occupied by the Scotland Office.

International Network

The Scottish Government maintains a presence in key international locations to promote Scotland's interests. This includes an office in Brussels linked to the UK's representation, and offices within British Embassies in Washington D.C., Berlin, and Beijing. They also have dedicated offices in Beijing, Berlin, Brussels, Copenhagen, Dublin, Ottawa, Paris, and Washington DC.

There. Are we done? I have better things to do than dissecting the minutiae of devolved governance. If you need something else, make it quick and try to be… less tedious.