Scotland Office

The Scotland Office came into existence on 1 July 1999. The Office is part of the Government and is a distinct entity within the Department for Constitutional Affairs. We hope it might be helpful to briefly explain the circumstances that led to our creation and how we fit in to the landscape of government in the United Kingdom today.

For more information on the Department for Constitutional Affairs and for Guidance on Devolution, please visit http://www.dca.gov.uk/constitution/devolution/guidance.htm

History of Scottish Representation in Government

With the Union of England, Scotland and Wales in 1707, the Westminster Parliament included representatives from Scotland. This brought about the need for Scottish representation in Government in London. Originally this took the shape of a Scottish Secretary but the position was abolished after the 1745 Jacobite uprising. The role then lay with the Lord Advocate, the King’s advisor on Scottish affairs, and a series of 'Scottish Managers'. In 1827 this arrangement ended and the Home Secretary took over responsibility for Scottish affairs until 1885.

In 1885 the Secretary of Scotland Act was passed. This formalised the position of the Scottish Secretary and gave him duties previously carried out by a variety of bodies. The passing of the Act also saw the creation of the Scottish Office, and the Duke of Richmond and Gordon was immediately appointed as the new Secretary. Between 1885 and 1926, there had been sixteen Secretaries for Scotland, when another change occurred. The post was elevated to a full Secretary of State, with one Minister of State and three Parliamentary Under Secretaries of State assisting him.

For a long time the Scottish Office was a very small department. Despite this, some striking results were achieved. The Minister for the Scotch Education Department, for example, worked strenuously to give Scotland a state secondary education system at a time far ahead of that of her Southern neighbour.

Proposals for Devolution

At approximately the same time as the creation of the Scottish Office, there was the emergence of a Scottish Home Rule movement. Proposals for devolution for Scotland were first considered by Parliament as long ago as 1894, and a number of proposals for devolution were made both by Government and outside Government before 1997. They were revived by the Government in the 1970s and in 1979 a referendum was held in Scotland on proposals to establish a Scottish Assembly, with control over most of the Scottish Office functions. Although a small majority voted in favour, the proposals did not obtain the support of 40% of the electorate, which had been set as a requirement in legislation before the proposals could be implemented. In 1989 the Scottish Constitutional Convention was established. It consisted of representatives of civic Scotland and some of the political parties. Its focus was to draw up a detailed blueprint for devolution. It proposed a Scottish Parliament with primary legislative powers in matters devolved to it.

The Scottish Constitutional Convention's Report in 1995 formed the basis of further proposals which were brought forward in a white paper, Scotland’s Parliament, by the Government in 1997. These proposals received overwhelming support in a referendum on 11 September 1997, with 74% of those voting favouring the Government’s proposals for a Scottish Parliament. A smaller majority of those voting supported the Parliament having the power to vary income tax in Scotland. The Scotland Act 1998 sets out the statutory framework of the devolution settlement and under its authority the Scottish Executive and the Scottish Parliament came into being on 1 July 1999.

There were 24 Secretaries of State for Scotland before devolution, the last being the late Donald Dewar. Following devolution he became the First Minister, the head of the devolved administration.

Links
Detailed Devolution Factsheet
[Internal Link on Scotland Office website]
Scotland’s Parliament
The White Paper
Scottish Executive
Devolved administration in Scotland
Scottish Parliament

The Scotland Act 1998

The Scotland Bill received Royal Assent on 19 November 1998. It made provision for a Scottish Executive of Ministers (both the administration and Ministers share the title “Scottish Executive”) and a Scottish Parliament to which they would be accountable. The Act does not specify which matters are devolved to the Scottish Parliament, rather it specifies those matters that are reserved to the UK Parliament. As a rule of thumb, those matters not reserved by the Scotland Act are devolved to the Scottish Parliament. The Scottish Parliament has primary legislative powers, ie the power to pass Acts.

The Act also created the position of Advocate General for Scotland. The Advocate General is a UK Law Officer of the Government and gives legal advice to the Government on Scots law and devolution. The Advocate General also has power to intervene if difficulties arise over whether legislation passed by the Scottish Parliament is within its competence.

The passing of the Act saw the abolition of of the old Scottish Office and the creation of the new Scottish Executive and Scottish Parliament. In Whitehall, the Scotland Office came into being to assist the Secretary of State in his functions and duties.

Links
Scotland Act
Please note that this version of the Act does not necessarily reflect any amendments made to it
Office of the Advocate General for Scotland
Directgov

Printed from: www.scotlandoffice.gov.uk/history/scotland-office.html on 21 August 2008