The Secretary of State for Scotland
The primary role of the Secretary of State for Scotland is to promote the devolution settlement and to act as guardian of it. He promotes partnership between the Government and the Scottish Executive and between the two Parliaments. At the same time, the Secretary of State continues to represent Scottish interests in reserved matters within the UK Government, advising colleagues about any distinctive Scottish aspects that arise for reasons other than the impact on devolved matters and supporting them in presenting Government policies in Scotland.
Reserved matters include:
- UK Single market
- Energy regulation, UK and international transport
- Immigration and nationality
- Social security
- Taxation and economic management
- Foreign Affairs (including European Union negotiations)
- Defence
- National Security
- The Constitution
The Secretary of State and the Parliamentary Under Secretary of State between them are members of around 20 Cabinet Committees and Sub-Committees and are involved on an ad hoc basis as the need arises. The Secretary of State retains certain limited executive functions, notably in relation to the financial transactions between the Government and the Scottish Executive and in relation to parliamentary elections. Scotland Office Ministers also make orders (secondary legislation) under the Scotland Act. These orders are needed, occasionally to amend, and more frequently to implement, Scotland's devolution settlement.
The Secretary of State can also exercise functions under section 35 of the Scotland Act. Under section 35, the Secretary of State may make an Order prohibiting the Scottish Parliament's Presiding Officer from submitting a Bill for Royal Assent, which he has reasonable grounds to believe would be incompatible with:
- any international obligations;
- the interests of defence; or
- the interests of national security.
The Secretary of State may also make an Order under section 35 if he reasonably believes that the Scottish Parliament Bill makes modifications to, and would have an adverse effect on, the operation of the law as it applies to reserved matters. These powers have not yet been exercised, which means that no Orders have been made by the Secretary of State under section 35 of the Scotland Act. The Scotland Office, which supports the Secretary of State, was established on 1 July 1999, following devolution. The Scotland Office works in partnership with the Scottish Executive, but is entirely separate from it, remaining part of the UK Government. In June 2003 it became part of the Department for Constitutional Affairs and in May 2007 became part of the Ministry of Justice.
Information on devolved matters (issues essentially of domestic concern to Scotland) can be obtained from www.scotland.gov.uk, the website of the Scottish Executive.