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Eurydice

EACEA National Policies Platform:Eurydice
Main Executive and Legislative Bodies

United Kingdom - Scotland

Last update: 30 July 2019
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United Kingdom Government

The United Kingdom consists of Great Britain (Scotland, England and Wales) and Northern Ireland. It has a constitutional monarchy and the Sovereign is head of state and head of government. For details of the UK Government in Westminster, London, see the parallel article for England.

A significant amount of legislative power has been devolved to the Scottish Parliament in Edinburgh. The main executive body is the Scottish Government (called the Scottish Executive in the period 1999 to 2007). However, the UK Parliament and Executive continues to deal with matters which can more effectively and beneficially be administered on a UK basis - for example foreign policy, defence and economic policy.

The United Kingdom (UK) Government retains responsibility for reserved matters, including:

  • The constitution of the United Kingdom
  • Foreign policy
  • Defence and national security
  • Protection of borders and certain matters subject to border controls
  • The UK fiscal, economic and monetary system
  • Common markets for goods and services
  • Employment legislation
  • Social security (excluding disability benefits)
  • Regulation of certain professions
  • Some aspects of transport, including transport safety and legislation
  • Various other matters subject to UK or GB regulation or operation, eg: UK Research Councils, nuclear safety, control and safety of medicines, Ordnance Survey, regulation of broadcasting, the National Lottery, data protection and equal opportunities

The Scotland Office and the Secretary of State for Scotland

The office of the Secretary of State for Scotland is known as the Scotland Office and is based mainly in Dover House, Whitehall, London. It now forms part of the Department of Constitutional Affairs.

The Secretary of State for Scotland is a member of the UK Cabinet. His or her role is to act as a link between the UK Government and the Scottish Government and to represent Scottish interests in the Cabinet. The Secretary of State is currently supported by a Parliamentary Under Secretary of State and works in close co-operation with the Lord Advocate for Scotland.

The Scottish Parliament

From 1 July 1999 the Scottish Parliament took on legislative responsibility for a wide range of devolved matters, which cover broadly the same ground as was previously covered by The Scottish Office. The main devolved matters are:

  • Health
  • Education and training
  • Housing
  • Most aspects of transport
  • Local government
  • Law and order
  • Social work
  • Agriculture, forestry and fisheries
  • The environment
  • The arts and sport
  • Tourism, economic development and financial assistance to industry
  • Statistics, public registers and records

Further powers were recommended by the Smith Commission, set up following the "No" vote in the independence referendum in September 2014 (see Chapter 1.1 Historical development), including increased control over taxation and welfare.

In response to the recommendations of the Smith Commission, the Scotland Act 2016 devolved further powers to the Scottish Government. Control increased in the following areas:

  • Income tax, VAT, and air passenger duty
  • Election timings and expenditures
  • Social security benefits (mainly in the area of disability)
  • Transport
  • Energy extraction
  • Equal opportunities legislation

The Scottish Parliament has 129 Members: 73 constituency Members elected using the first past the post system and 56 regional Members elected on a proportional basis from party lists.

The Scottish Cabinet and Ministers

The Scottish Government is headed by the First Minister, who is appointed by the Queen on the advice of the Presiding Officer, after the Parliament has nominated a candidate. This is normally the leader of the party with majority support in the Parliament. The First Minister, with the approval of the Parliament and then the Queen, appoints other Ministers and determines portfolios.

The Cabinet consists of the First Minister and other Scottish Ministers. There are ten Cabinet portfolios, each the responsibility of a Cabinet Secretary, with one or two Ministers also working within the portfolio's broad area of responsibility. The portfolios are:

  • First Minister
  • Finance and Consitution
  • Education and Skills
  • Economy, Jobs and Fair Work
  • Health and Sport
  • Communities, Social Security and Equalities
  • Justice
  • Environment, Climate Change and Land Reform
  • Culture, Tourism and External Affairs
  • Rural Economy and Connectivity

There are thus ten Cabinet Secretaries (Cabinet Ministers), including the First Minister, and 12 Ministers who report to a Cabinet Secretary. Including the two Law Officers (Lord Advocate and Solicitor General for Scotland), this makes a total of 24 Ministers.

The Scottish Ministers are responsible to the Parliament for the work of the Scottish Government and their actions are thus ultimately subject to Parliamentary control. Business is debated regularly in plenary sessions of the Scottish Parliament and the First Minister and his or her colleagues must answer questions on all aspects of their responsibilities. More detailed work is done in committee.

Action to achieve targets and strategic objectives of the Scottish Ministers is primarily the responsibility of the Strategic Board of the Scottish Government, consisting of the Permanent Secretary and five Directors-General (DG). The role of Directors-General focuses on the performance of the whole organisation against the Cabinet's agenda. Each Director-General leads work on one of the five key strategic policy objectives:

  • Wealthier and fairer Scotland - DG Finance and Chief Economic Adviser
  • Healthier Scotland - DG Health and Social Care and Chief Executive NHS Scotland
  • Safer and stronger Scotland - DG Communities
  • Smarter Scotland - DG Learning and Justice
  • Greener Scotland - DG Enterprise, Environment and Innovation

There is also a sixth Directorate - DG Strategy and External Affairs. Each Director-General has overall responsibility for a number of Directorates, the staff of which take forward policy in the various relevant areas of concern.

The staff of the Scottish Government work almost entirely in Scotland, although a few are based at the Scottish Government European Union Office (SGEUO) in Brussels.

The Scottish Government and Education

The Cabinet Secretary for Education and skills has overall responsibility for many aspects of education in Scotland. These are:

  • School standards, quality and improvement
  • School infrastructure and staffing
  • Educational attainment, qualifications and closing the attainment gap
  • The national improvement framework
  • The teaching profession
  • Behaviour and measures to combat bullying
  • Modern languages and the Gaelic and Scots languages
  • Named person and looked after children
  • Early years, further education and colleges, and higher education and universities
  • Widening access and student funding
  • Science and STEM
  • Youth work and Skills Development Scotland
  • Non-advanced vocational skills
  • Adoption, fostering protection of vulnerable groups
  • Children's rights, child protection and the historical abuse enquiry
  • Social services workforce and children's hearings
  • Children's services and childcare implementation

The Minister for Childcare and Early years, Minister for Further Education, Higher Education and Science, and the Minister for Employability and Training support the Cabinet Secretary in these areas.

National policy for education and lifelong learning, to achieve the strategic objective "Smarter Scotland" is implemented by the Director-General Learning and Justice and four Directorates within their responsibility:

  • Learning
  • Advanced Learning and Science
  • Fair Work
  • Children and Families

Several agencies also play a key role in implementing education policy. Education Scotland is an executive agency that supports quality and improvement in Scottish education. The Scottish Further and Higher Education Funding Council is the national, strategic body that is responsible for:

  • Funding teaching and learning provision
  • Research and other activities in Scotland's colleges
  • Universities and higher education institutions

Skills Development Scotland is the national skills body supporting the people and businesses of Scotland to develop and apply their skills. The Scottish Qualifications Authority is an executive non-departmental public body that develops, assesses and awards qualifications taken in workplaces, colleges and schools. The Education Analytic Services Division and the Chief Scientific Officer also work within the ambit of responsibility of the Cabinet Secretary for Education and Lifelong Learning.

Local Government and Education

Local Authorities and their Responsibilities

Local government in Scotland comprises 32 unitary local authorities. Local authorities vary considerably in size both by area and population. Each local authority is governed by a council. The members of each local council, who must be aged 18 or over, are normally elected every four years by the general public.

Voting takes place by secret ballot at polling stations, although voters can opt to vote by post. As with Members of Parliament, the elected members of the local authorities have a dual role to play – they represent their constituency interests and they participate in the shared work, policy and decisions of the council.

Local councils' functions and responsibilities cover a wide range of topics, including education. The Scottish Parliament confers statutory powers on the councils which give them responsibility for implementing legislation, for example relating to:

  • Provision or commissioning of early stages (pre-school) education for all 3 and 4 year olds
  • Provision of buildings, staffing and resources for public primary (ages 5 -12) and Secondary  (ages 12-18) schools
  • Ensuring that educational provision meets the needs of all children and young people who require additional support to learn effectively
  • Providing leadership, guidance and support for pre-school and school education in their areas and monitoring/evaluating and improving its quality
  • Making provision for, guiding, supporting, evaluating and improving a range of community learning and development, including aspects of adult education, in their areas
  • Working in partnership with other public, voluntary and private service agencies and with local communities in Community Planning. such partnership is a key mechanism for action on national priorities (including education), and for linking them better with local priorities

In carrying out their responsibilities – including those related to education - local councils liaise closely with the relevant Scottish Government Directorates. The Directorates of the Scottish Government provide local authorities with advice and assistance on their functions by issuing Circulars as the need arises. In the cases of police forces, fire services and educational provision, agencies inspect the local services on behalf of the central authority to ensure that adequate standards are maintained.

In 2007 the Scottish Government and the Convention of Scottish Local Authorities (COSLA) agreed a Concordat that sets out the terms of the relationship between central and local government, based on mutual respect and partnership. The Concordat states that the Scottish Government and local government will each do what is required to ensure delivery of key government policies. It provides for the devolution to local authorities of all decision-making about the use of the overall grant they receive and about management of services.

Local Councils' Internal Organisation and Management

Each local authority in Scotland is governed by a council. Councils aim to conduct their work in ways which reaffirm and strengthen their important community leadership role. The best structure is the one that works most effectively for that particular area and in that particular council. They can delegate almost all decisions to a committee or sub-committee of elected members or to an officer. There are variations in models across councils, but it is possible to group approaches into three main categories:

  • Streamlining, by creating joint, thematic committees to ensure a cross-cutting approach to policy development
  • Concentration of executive decision-making powers in the hands of a limited number of elected members
  • Creation of devolved and partially devolved structures to move decision-making from the centre to local area committees

The previous statutory duty of a council to set up a committee specifically for education and to appoint a Director of Education has been removed. All councils have appointed an officer to be responsible for education - under their Chief Executive - but that officer may have a title other than Director of Education.

Where a council's educational decisions are made by a thematic committee or executive group it still has to continue to take account of legislative requirements. As an example - requirements concerning the involvement of representatives of the Church of Scotland and the Roman Catholic Church in the decision-making process.

Councils may also purchase services from other authorities, such as services to support children with additional support needs.

The Convention of Scottish Local Authorities (COSLA)

The body which represents the local councils is called the Convention of Scottish Local Authorities (COSLA). It deals with national issues of concern to local councils and represents their interests in consultations with Scottish Government Directorates. In particular, this is the body with which Scottish Ministers - and in particular the Cabinet Secretary for Finance and Sustainable Growth - consult about financial support to local authorities.

Complaints: the Scottish Public Services Ombudsman

The Scottish Public Services Ombudsman investigates complaints made by members of the public who believe that they have suffered an injustice or hardship as a consequence of poor administration or service failure by public bodies involved in devolved Scottish affairs (including education).

The Ombudsman is independent of Government and is not a civil servant. The office-holder is appointed (in a ceremonial sense) by the Queen on the recommendation of the Parliament and reports annually to the Parliament. All complaints made are confidential and investigations are private.

When an investigation has been completed, the Ombudsman prepares a detailed report of the findings. The report is sent to:

  • The complainant (and if applicable, their representative)
  • The body subject to the complaint
  • Any other person who is alleged in the complaint to have taken the action complained of
  • The Scottish Ministers.

The Report is also laid before the Parliament.

Legislative References

Scotland Act 2016 (Act of Parliament) : 2016, c11.