Tuesday, 6 October 2009

The Scottish Parliament and Parties September 2009

This is chapter 3 of the Scottish Devolution Monitoring Report September 2009, but with added references at the end. For the full reports see http://www.ucl.ac.uk/constitution-unit/research/devolution/devo-monitoring-programme.html


Key Points

  • The Scottish Parliament was only permitted to debate the release of al-Megrahi after the decision was made.
  • Alex Salmond has again been cleared of misleading the Scottish Parliament.
  • The draft annual budget has been published. Although there are many likely flashpoints, previous experience of the budget crisis may reduce conflict this year.
  • Most of the major parties have struggled to maintain an image of unity.
  • Few motions in the Scottish Parliament have put pressure on SNP policy.
  • The Westminster expenses scandal continues to cast a shadow over Holyrood.
  • Scottish Parliament committees are not the ‘motor of a new politics’. They favour headline-grabbing short inquires over high-impact long term inquiries. One of the notable exceptions is the agenda on parliamentary scrutiny of the annual budget.
  • The number of Scottish Government bills has rise to 15, but many are short and only 6 can be traced directly and meaningfully to the SNP manifesto.

3.1 The recall of the Scottish Parliament
One of many interesting aspects of the Al Megrahi decision is that it was made with no direct reference to the wishes of the Scottish Parliament. Although the Presiding Officer Alex Fergusson did recall the Scottish Parliament for an extraordinary debate in August[1], and Justice Secretary Kenny MacAskill was no doubt subject to the most stressful parliamentary exchange of his career, the debate took place after MacAskill made his decision. Fergusson rejected the option of the debate taking place before the decision, stating that it was ‘a matter for Scottish Ministers alone’.[2] While we should not make too much of individual cases, it does seem to reinforce the feeling that the famous dictum of ‘power sharing’ masks a rather traditional Westminster tradition in which the government governs and Parliament reacts. Indeed, given that its European and External Relations committee does not enjoy the same ‘scrutiny reserve’ afforded to the House of Commons[3], we may be tempted to conclude that the Scottish Parliament is less involved in the policymaking process than its Westminster counterpart.

3.2 Who Decides If Ministers are Telling the Truth? Part 3
Alex Salmond referred a second complaint (this time by Iain Gray) about his conduct in Parliament to the new independent advisory panel (George Reid and David Steel). The panel’s report concludes that Salmond did not mislead Parliament when he stated that 16 prisoners had absconded from Scotland’s open prison estate in 2008/9.[4] The complaint does little to dispel the notion that opposition MSPs are using any alleged inaccuracies in ministerial statements to question their integrity.[5] This is part of a wider process in which MSPs appear far happier than in the past to question the veracity of statements made by their parliamentary colleagues.[6]

3.3 Political Parties and the Annual Budget
Given the events of the last two years, few expect a smooth ride when the Scottish Government attempts to pass its third annual budget bill through the Scottish Parliament. Yet, the unexpected consequence of the spectre of the budget crisis last time could be (touch wood) that the parties become much more willing to cooperate even when this relatively tight budget presents the most potential for conflict. So far, attention has focused on the Scottish Government’s decision (in the draft budget) not to fund the £400m Glasgow Airport Rail Link, prompting the suggestion (reported much more in the Herald than the Scotsman) from Glasgow City Council leader Steven Purcell that it was being victimised (even though the Edinburgh equivalent has already been scrapped).[7] This now pits the SNP Government against Labour at three levels following Iain Gray’s claim that a drop in inflation has boosted the Scottish Government budget by £1bn and the UK Government’s insistence that the appearance of Scottish funding ‘cuts’ are caused by ‘frontloading’ (but not as much frontloading as the Scottish Government has requested) to boost the economy.[8] There are also some likely flashpoints regarding the cost of the National Conversation and preparation for a bill on an independence referendum, any costs borne by the Scottish Government (beyond the issue of council tax freezes) in preparation for a local income tax and the adequacy of money put aside for the building of new schools.

3.4. Political Parties and the Conference Season
This is a period in which the main parties seemed determined to shoot themselves in the foot. The SNP undermined its attempts to take the Glasgow-East by-election by struggling to elect a candidate and becoming mired in allegations about misleading campaign literature (which seems par for the course in elections) and using Scottish Government National Conversation and Cabinet meetings to drum up support. Meanwhile, the Labour Government gave the impression that it did not welcome another by-election by rejecting plans to accelerate Glasgow North-East and further delaying the prospect of Jack McConnell giving up his Scottish Parliament seat to become High Commissioner in Malawi. Attempts by Scottish Secretary Jim Murphy and Iain Gray to work together to reclaim ground from the SNP (in part in reference to nationalism and the Saltire, but also by focusing criticism on Salmond) were also overshadowed at times by the bigger issue of Gordon Brown’s popularity. Murphy has continued his attempts to equate Salmond on his level (and therefore below Gordon Brown) by challenging him to a debate, while Salmond prefers the prospect of joining the UK leaders in a TV debate before the next general election. In many ways the more interesting party conference comes from the Liberal Democrats, not only because it raised issues of the extent to which the leadership consults the Scottish leader (particularly on the ‘mansion tax’) and the prospect of Liberal Democrat support for an independence referendum (Tavish Scott maintains that the Liberal Democrats are still opposed), but also because it highlighted the party’s dilemmas when presenting a unified policy stance. In particular, Nick Clegg’s apparent suggestion that the Liberal Democrats would oppose tuition fees in principle but only abolish them when it was financially viable (which, in the eyes of many, may be never) is difficult to maintain when the policy has already been delivered in Scotland. The UK focus of the Conservative conference is in many ways the exception because David Cameron still seems the most keen to assure Scottish voters that he will govern them with respect.[9]

3.5 The New Politics of Voting[10]
Voting on parliamentary motions in this period reinforces the point that relatively few place the Scottish Government in a difficult position, many are proposed by the Scottish Government and backed by most MSPs (such as the motions in May praising NHS efforts to tackle swine flu and the ‘Cashback for the Communities’ scheme; the vote on the SNP’s waste strategy was more mixed), and many others promoted by opposition parties seek to reinforce existing Scottish Government policies and place them higher on its agenda (such as the European missing children alert system[11]). This leaves a small number of notable debates which seek to change Scottish Government policy. Yet, some of these have been significant in this period. The issue on which the SNP seems most vulnerable is education and several motions in September on compulsory education call into question its record on teacher numbers and class sizes.[12] This supplements a Labour motion in May (passed with the help of the Conservatives and Liberal Democrats) to switch funding from student debt to student support (by providing more loans for the poorest students and leave open the reintroduction of the graduate endowment). Perhaps the SNP’s defeat on the motion to welcome the Calman Commission[13] would have been more significant if backed by UK Labour and Conservative assurances on its implementation. The emergency debate on Al Megrahi was not linked to a motion, but then opposition parties voted in September to criticise MacAskill’s ‘mishandling’ of the case.[14]

3.6 Expenses
Although it is now much lower down the media agenda, the MP expenses scandal has still not run its course. Indeed, it seems to have provided a window of opportunity for wider constitutional reform (and perhaps a public debate on PR), which Gordon Brown has promoted alongside more focused measures regarding the transparency of MP behaviour. This may not be enough to draw attention from MPs with significant second jobs who employ family members and/ or ‘funnel’ expenses money to their local parties. As expected, although Holyrood continues to represent a potential source of policy learning,[15] the Westminster expenses scandal has prompted the Scottish Parliament to make sure that its own system is robust. A small (since the Langlands Review was only completed last year) independent review by Sir Neil McIntosh will be completed this year[16] and it may consider the practicalities of inviting MSPs to pay back any profits from the sale of their second homes.[17] The SNP is also seeking to use this window to promote political reforms as part of its National Conversation.[18] The expenses scandal has been used by opposition politicians to criticise Alex Salmond, focusing on his Westminster food expenses claims and the cost of his bid to ‘impeach’ Tony Blair (all in the context of pressure to force Salmond to resign as an MP).

3.7 Scottish Parliament Committees
The experience so far of minority government is that the Scottish Parliament committees have still not become the ‘motor of a new politics’. To some extent this could have been predicted because, although the Consultative Steering Group stressed the need for ‘power sharing’ between the Scottish Parliament and Scottish Executive, there was no equivalent move to share the resources (e.g. the vast majority of civil service resources are held by the Scottish Government) or the responsibility for policy initiation (with committees there to check that the Scottish Government consults with policy participants, scrutinise legislation when presented and, on rare occasions, initiate legislation when there is a perceived gap). From 1999-2007 there were additional reasons for a less-than-anticipated role for committees: the ability of the Labour/ Liberal Democrat coalition to dominate the parliamentary arithmetic in both plenary and committee undermined the ability of committees to pursue inquiries likely to be critical of existing policy, while the scale of legislation coming from the Scottish Executive undermined their ability to do anything but scrutinise government policy. Thus, the rallying cry of the committee legacy reports was for fewer government bills, to ensure that they also had time to set the agenda (although note that there were, of course, no equivalent calls for a reduction in party whipping to ensure that committees were businesslike). Yet, the reduction in legislation (in both numbers of bills and numbers of sections within them) and a consequent rise in free committee time has not produced the predicted results. The high-impact agenda setting inquiry is still a rare beast in the Scottish Parliament. Instead, opposition MSPs have focused on headline-grabbing, short term inquiries. There is also limited evidence to suggest that businesslike committees are making a difference to Scottish Government bills (the climate change bill may be the only exception so far). Instead, we find more examples of convenors using their casting votes along party lines rather than the once revered status quo, coupled with more examples of committee votes being overturned in plenary when the parliamentary arithmetic changes.

As previous monitors have noted, the best bet for committees is to focus on valence issues that brook no realistic disagreement and/ or issues that do not involve poring over former Scottish Executive policies or set out to criticise existing Scottish Government policy. While this does not leave much room to manoeuvre (and the issues may be complicated further by the party affiliations of individual convenors – e.g. Finance is SNP-led while Audit is Labour-led), there are some useful examples of reports not subject to division in this period. Perhaps most impressive is the report by Health and Sport which criticises the lack of sufficient implementation of widely-agreed policies on child and adolescent mental health services. In other words, this represents an attempt to raise the Scottish Government’s (and the Scottish Executive’s before it) own policy higher on its own agenda (in part by highlighting the most newsworthy problems).[19] Local Government and Communities urges the Scottish Government (as Finance did to the former Scottish Executive) to take a more active role in any local authority attempts to coordinate their responses to Single Status (an agreement between local authorities and trade unions to harmonise the pay and conditions of male and female workers). European and External Relations identifies the problem of EU structural funds during a recession (they rely on matched funding from the private and public sectors which may be less forthcoming) and (among other things) explores the scope to learn from Welsh Assembly Government initiatives (this was also backed by a parliamentary motion in May)[20]. Finance (Strategic Budget Scrutiny) considers the adverse effect of recession on future public spending and recommends that subject committees begin to consider how cuts can be made in their areas. Public Audit provides a report which is highly critical of the way that Transport Scotland’s chief executive (and permanent Secretary John Elvidge) dealt with the fact that Transport Scotland’s director of Finance and Corporate Services held shares in FirstGroup, the company negotiating with the Scottish Government to extend its rail franchise in Scotland. It has also requested that the Auditor General for Scotland examines the figures given to the committee regarding likely passenger numbers.[21] Rural Affairs and Environment also considers how best to support the pig industry in Scotland and ensure that more, affordable, housing is built in rural parts of Scotland (for example, though planning reforms) and that councils are given further powers to maintain stocks of social housing. There are also reports that do not betray much disagreement. For example, while Finance’s main bone of contention is whether or not the Scottish Government’s means of negotiating public sector pay with unions should be formalised (the Scottish Government position is that this relationship should be between employee and employer (e.g. the local authorities)), it agrees that a reform of the public sector ‘bonus culture’ should be reformed.[22] This seems less contentious than Economy, Energy and Tourism’s internal disagreement over the need for new nuclear power stations to form part of Scotland’s energy future. It is therefore all the more impressive that the EET produced such an extensive vision, based on a 12-month inquiry.

There have also been notable attempts by the Parliament to examine how it operates. For example, Public Petitions makes a range of recommendations (to itself) to make sure that the process is more widely known within Scotland, and has a good stab at listing the petitions it thinks have made a difference (see also the developing agenda on knife crime on the back of a petition[23]). Standards, Procedures and Public Appointments recommends a series of new standing orders to deal with forthcoming Scottish Government ‘Hybrid Bills’ (public bills which affect private interests – such as the likely Forth Crossing Bill). Most importantly, Finance examined the way that the budget process operates, as part of a broader review by the Standards, Procedures and Public Appointments Committee initiated in plenary in November 2007 (i.e. quickly following the establishment of minority government but before the problems that arose since). It suggests that, although the process compares favourably with budget processes in other countries (and Westminster in particular), it requires some revisions. In particular, while it recognises the basis for stage 1 discussion (to initiate a strategic overview of the budget by expert subject committees who feed into a finance committee report) it suggests that the process does not work effectively. Therefore, there should be a ‘new budget strategy phase’ to identify the government’s aims and priorities and assess the extent to which they have been met. Further, this should be undertaken primarily by the finance committee, to allow more flexibility in the timing of the review and to make it easier to track cross-cutting themes. It also recommends that other committees should ‘mainstream’ financial considerations into their inquiries and that the Scottish Government should inform Parliament when new policy proposals would trigger significantly new spending allocations.[24] Perhaps most significantly, it recommends that significant resources should be available (for the new Financial Scrutiny Unit[25]) to let committees scrutinise budget plans more effectively. While the Scottish Parliament has always in theory had the power to make alternative budget proposals, it is only with such a resource that any significant suggestions could be reasonably made. Given that the imbalance of resources is the main reason that the Scottish Parliament cannot ‘power share’ with the Scottish Government, it will be interesting to see if this initiative makes a difference and sets a precedent for ‘beefing up’ the committee process as a whole (although note that the FSU will draw on existing SPICE staff).

3.8 Committee Reports and Inquiries (20 May 2009 – 28 September 2009)[26]

European and External Relations:
10 June 2009 1st Report 2009: The impact of the financial crisis on EU support for economic development

Finance:
29 June 5th Report 2009: Report on the Review of the Budget Process (Response from the Scottish Government)
22 June 4th Report 2009: Report on Public Sector Pay (Response from the Scottish Government)
9 June 2nd Report 2009: Strategic Budget Scrutiny

Public Audit:
11 June 2009 6th Report 2009: The First ScotRail passenger rail franchise

Public Petitions:
16 June 2009 3rd Report 2009: Inquiry into the public petitions process

Standards, Procedures and Public Appointments:
16 June 2009 7th Report 2009: Hybrid Bills

Subordinate Legislation:
29 June 2009 37th Report 2009: Report of Scottish Statutory Instruments laid in 2008

Economy, Energy and Tourism:
30 June 2009 7th Report 2009: Determining and delivering on Scotland's energy future

Health and Sport
22 June 2009 7th Report 2009: Inquiry into child and adolescent mental health and well-being

Local Government and Communities:
10 June 2009 12th Report 2009: Equal Pay in Local Government

Rural Affairs and Environment:
25 June 2009 10th Report 2009: The Pig Industry ( Government response )
7 May 2009: 5th Report 2009: Rural Housing (Government response)

3.9 Parliamentary Bills (20 May 2009 – 28 September 2009)
Following a relatively significant flurry of legislative activity, the SNP is more difficult to describe as ‘work-shy’. Since anything more than 50 bills in four years is considered excessive by Scottish Parliament committees (assuming that many are fairly complex and require significant scrutiny), particularly since many of the former Scottish Executive’s policies did not require legislation, then 15 in just over two years may be approaching a respectable number under minority conditions. Yet, theses numbers may be misleading for at least two reasons. First, they may be relatively simple bills with few sections. Second, they may not be bills likely to set the heather on fire. For example, two were budget bills, four – preparing for the commonwealth games, reforming the judiciary and courts, reforming public health law, revising the law on sexual offences – were inherited, and three - on asbestos-related compensation (which arose unexpectedly following a House of Lords ruling), convention rights (following a Lords ruling on slopping out), decoupling local and Scottish Parliament elections - arose unexpectedly in the course of the Parliament. This leaves six bills – abolishing bridge tolls and the graduate endowment, introducing health board elections, addressing climate change, addressing additional support needs in education, updating flood prevention legislation – that can be traced directly and meaningfully to the SNP manifesto.

Scottish Government Bills Passed:
Climate Change (Scotland) Bill – to set long term (2050) and annual targets for the reduction of greenhouse gases and confer powers on Scottish Ministers to help meet them (e.g. to impose duties on public authorities). Following some negotiation with the Scottish Parliament, the Scottish Government brought forward its interim target from 2030 to 2020 and increased the proposed reduction in emissions from 34% to 42%.[27]
Convention Rights Proceedings (Amendment) (Scotland) Bill – an emergency bill (stages 1 to 3 taken on the same day) to ensure that claims for compensation related to the Human Rights Act 1998 (consistent with the principles of the European Convention on Human Rights) can only be made within one year of the relevant breach of the Act. It was introduced to address compensation claims in Scotland made by prisoners made to ‘slop out’ (see previous monitors).
Education (Additional Support for Learning) Bill - to amend the Education (Additional Support for Learning) (Scotland) Act 2004 to reform the process in which parents of children with additional support needs make requests to place children in schools outwith their local authority area (and any subsequent appeals to the Additional Support Needs Tribunal if a request is refused).
Flood Risk Management (Scotland) Bill - to reform flood management by assigning greater responsibility to SEPA, requiring SEPA to produce flood risk assessments and management plans, and transpose the EU Floods Directive.
Scottish Local Government (Elections) Bill – to decouple local and Scottish Parliament elections following the spoiled ballot paper debacle in 2007 and subsequent Gould investigation.[28]
Sexual Offences (Scotland) Bill - to consolidate and clarify the law on sexual offences, largely in line with the Scottish Law Commission report (commissioned by the Scottish Executive in 2004, in part to address Scotland’s low conviction rates for rape offences). Particular attention is given to the boundary between rape and sexual assault, sexual offences against children, sexual offences committed by young children (and in which venue they should be prosecuted) and consensual sexual activity between older children.

Scottish Government Bills in Progress:
Arbitration (Scotland) Bill
Criminal Justice and Licensing (Scotland) Bill
Interpretation and Legislative Reform (Scotland) Bill
Marine (Scotland) Bill
Public Services Reform (Scotland) Bill
Schools (Consultation) (Scotland) Bill
Tobacco and Primary Medical Services (Scotland) Bill

Members’ Bill Passed:
Offences (Aggravation By Prejudice) (Scotland) Bill (Patrick Harvie, Green, supported by the Scottish Government) – to extend existing provision for aggravated offences (racial or religious prejudice is already covered) to a victim’s actual or presumed sexual orientation, transgender identity or disability.[29]

Members’ Bills in Progress[30]
Control of Dogs (Scotland) Bill

3.10 Sewel (Legislative Consent) Motions passed (20 May 2009 – 25 September 2009)[31]

None passed.

FURTHER LINKS ON THESE TOPICS

3.2 Who Decides If Ministers are Telling the Truth? Part 3
J. Quinn 2.6.09 ‘SNP 'did not break rules'’ The Scotsman http://news.scotsman.com/politics/SNP-39did-not-break-rules39.5323347.jp
2.6.09 ‘Labour leader's complaint sent to former Holyrood grandees’ The Herald http://www.theherald.co.uk/politics/news/display.var.2511816.0.Labour_leaders_complaint_sent_to_former_Holyrood_grandees.php
2.6.09 ‘Lord Steele and George Reid to investigate prison escape complaints’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6411030.ece
BBC 1.6.09 ‘Inquiry into missing prisoner row’ BBC http://news.bbc.co.uk/1/hi/scotland/tayside_and_central/8078199.stm
M. Settle 2.6.09 ‘Labour leader's complaint sent to former Holyrood grandees’ The Herald http://www.theherald.co.uk/politics/news/display.var.2511841.0.Calman_report_on_devolution_ready.php
2.6.09 ‘Lord Steele and George Reid to investigate prison escape complaints’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6411030.ece
5.8.09 ‘Salmond cleared in prison escapes row’ The Scotsman http://news.scotsman.com/politics/Salmond-cleared-in-prison-escapes.5525866.jp
R. Dinwoodie 6.8.09 ‘Salmond 'did not mislead Holyrood' over jail abscondees’ The Herald http://www.theherald.co.uk/politics/news/display.var.2524125.0.Salmond_did_not_mislead_Holyrood_over_jail_abscondees.php

3.3 Political Parties and the Annual Budget
B. Currie 26.6.09 ‘Swinney announces £31m budget savings’ The Herald http://www.theherald.co.uk/politics/news/display.var.2516562.0.Swinney_announces_31m_budget_savings.php
21.7.09 ‘Sturgeon warns of budget cuts’ The Herald http://www.theherald.co.uk/politics/news/display.var.2521110.0.Sturgeon_warns_of_budget_cuts.php
24.7.09 ‘SNP attacks Labour's 'savage' cuts’ The Herald http://www.theherald.co.uk/politics/news/display.var.2521746.0.SNP_attacks_Labours_savage_cuts.php
B. Currie R. Dinwoodie D. Henderson G. Braiden 17.9.09 ‘Outrage as Swinney swings his budget axe on Glasgow’ The Herald http://www.heraldscotland.com/news/politics/outrage-as-swinney-swings-his-budget-axe-on-glasgow-1.920598
17.9.09 ‘Swinney’s budget’ The Herald http://www.heraldscotland.com/comment/herald-view/swinney-s-budget-1.920551
D. Henderson 17.9.09 ‘Rail link project sacrificed in struggle to make ends meet’ The herald http://www.heraldscotland.com/news/transport-environment/rail-link-project-sacrificed-in-struggle-to-make-ends-meet-1.920511
R. Dinwoodie 17.9.09 ‘Robbie Dinwoodie: “Rail link will become the political battleground”’ The Herald http://www.heraldscotland.com/blogs/parcel-of-rogues/robbie-dinwoodie-rail-link-will-become-the-political-battleground-1.920520
17.9.09 ‘Scottish Budget sparks ‘dodgy accounting’ row’ The Herald http://www.heraldscotland.com/news/politics/scottish-budget-sparks-dodgy-accounting-row-1.920500
R. Dinwoodie 17.9.09 ‘Scottish budget: the main points’ The Herald http://www.heraldscotland.com/news/politics/scottish-budget-the-main-points-1.920518
17.9.09 ‘Scottish Budget: reaction in full’ he Herald http://www.heraldscotland.com/news/politics/scottish-budget-reaction-in-full-1.920530
B. Currie 17.9.09 ‘Council chief attacks SNP over funding favouritism’ The Herald http://www.heraldscotland.com/news/politics/council-chief-attacks-snp-over-funding-favouritism-1.920396
G. Braiden 18.9.09 ‘SNP need a miracle to avoid a repeat next year’The Herald http://www.heraldscotland.com/news/politics/snp-need-a-miracle-to-avoid-a-repeat-next-year-1.920625
A. Macleod 16.9.09 ‘Salmond and Brown clash over Scottish funds’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6837311.ece (IGR budget)
17.9.09 ‘Draft Budget - what it means for education and skills’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/09/17144827
17.9.09 ‘Draft Budget - what it means for health and housing’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/09/17143713
17.9.09 ‘Draft Budget - what it means for rural affairs and environment’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/09/17145909
17.9.09 ‘Draft Budget - what it means for the arts’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/09/17153149
17.9.09 ‘Draft Budget - what it means for the justice service’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/09/17150852
17.9.09 ‘Draft Scottish Budget 2010-2011’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/09/17111432
G. Braiden 25.9.09 ‘Cash crisis city sets sights on services’ he Herald http://www.heraldscotland.com/news/politics/cash-crisis-city-sets-sights-on-services-1.922046
R. Dinwoodie 25.9.09 ‘Purcell: Salmond has let my city down’ The Herald http://www.heraldscotland.com/news/politics/purcell-salmond-has-let-my-city-down-1.922049
G. Braiden 25.9.09 ‘How Glasgow plans to meet the challenge of big squeeze on its budget’ The Herald http://www.heraldscotland.com/news/politics/how-glasgow-plans-to-meet-the-challenge-of-big-squeeze-on-its-budget-1.922048
D. Maddox 15.9.09 ‘£500m cuts to target health and councils’ The Scotsman http://news.scotsman.com/politics/500m-cuts-to-target-health.5646080.jp
T. Peterkin 13.9.09 ‘Swinney signals public sector cuts’ The Scotsman http://news.scotsman.com/politics/Swinney-signals-public-sector-cuts.5642398.jp
A. Macleod 14.9.09’ Swinney ‘confident’ over council tax freeze’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6833084.ece
J. Allardyce 13.9.09 ‘Budget threat to SNP poll spending’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6832416.ece
16.9.09 ‘All parties now agree savings are needed – but just where is the question’ The Scotsman http://news.scotsman.com/politics/All-parties-now-agree-savings.5649643.jp
A. Macleod 18.9.09 ‘Swinney ushers in new age of austerity’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6839342.ece
P. Jones 18.9.09 ‘Council cuts are SNP’s Achilles’ heel’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6839276.ece
L. Davidson 20.9.09 ‘Swinney appeals for unity over Westminster cash’ The Times http://www.timesonline.co.uk/tol/news/article6842039.ece
J. Allardyce 20.9.09 ‘Scottish civil service faces £6m cuts’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6841469.ece
S. Macnab 25.9.09 ‘First Minister 'tells head of Glasgow City Council to grow up'’ The Scotsman http://news.scotsman.com/politics/First---Minister-39tells.5678923.jp

3.4. Political Parties and the Conference Season
SNP CANDIDATE
25.6.09 ‘SNP favourite withdraws from nomination race’ The Herald http://www.theherald.co.uk/politics/news/display.var.2516318.0.SNP_favourite_withdraws_from_nomination_race.php
D. Maddox 9.7.09 ‘SNP defends choice of candidate’ The Scotsman http://news.scotsman.com/politics/SNP-defends-choice-of-candidate.5442443.jp
L. Davidson 12.7.09 ‘SNP Glasgow North East by-election candidate stands down’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6695697.ece
A. Macleod 8.7.09 ‘SNP activists reject 'official' candidate’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6670425.ece
D. Maddox 17.7.09 ‘'Stitch-up' as SNP's fourth choice to fight by-election’ The Scotsman http://news.scotsman.com/politics/39Stitchup39-as-SNP39s-fourth-choice.5469039.jp

ALLEGATIONS OF SNP ELECTIONEERING AND CAMPAIGNING IN WRONG CONSTITUENCY
T. Peterkin 7.8.09 ‘SNP denies electioneering at taxpayers' expense’ The Scotsman http://news.scotsman.com/politics/SNP-denies-electioneering-at-taxpayers39.5532595.jp
A. Macleod 6.8.09 ‘Salmond accused of using public funds to campaign’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6741605.ece
10.8.09 ‘SNP accused of using civil servants for party gain’ The Scotsman http://news.scotsman.com/politics/SNP-accused-of-using-civil.5537629.jp
D. Maddox 24.8.09 ‘SNP accused of using false data in by-election’ The Scotsman http://news.scotsman.com/politics/SNP-accused-of-using-false.5580657.jp
B. Currie 4.7.09 ‘Apology demanded as SNP leaflets stray into Labour territory’ The Herald http://www.theherald.co.uk/politics/news/display.var.2518136.0.Apology_demanded_as_SNP_leaflets_stray_into_Labour_territory.php

LABOUR AVOIDING BY-ELECTIONS?
S. Macnab 28.7.09 ‘Speaker's old seat without an MP 'for a record time'’ The Scotsman http://news.scotsman.com/politics/Speaker39s-old-seat-without-an.5498138.jp
G. Peev 22.7.09 ‘Labour stops bid to speed up poll for ex-Speaker's constituency’ The Scotsman http://news.scotsman.com/politics/Labour-stops-bid-to-speed.5480436.jp
M. Settle 23.7.09 ‘Labour's by-election stand called 'unacceptable'’ The Herald http://www.theherald.co.uk/politics/news/display.var.2521553.0.Labours_byelection_stand_called_unacceptable.php
22.7.09 ‘PM defends delay of Glasgow North East by-election’ The Scotsman http://news.scotsman.com/politics/PM-defends-delay-of-Glasgow.5483892.jp
1.7.09 ‘Labour is accused of running scared over delay in by-election’ The Scotsman http://news.scotsman.com/politics/Labour-is-accused-of-running.5415970.jp
T. Crichton 22.7.09 ‘SNP fails to bring vote in Glasgow forward’ The Herald http://www.theherald.co.uk/politics/news/display.var.2521318.0.SNP_fails_to_bring_vote_in_Glasgow_forward.php
B. Currie 31.8.09 ‘McConnell's Malawi posting put on hold’ The Herald http://www.theherald.co.uk/politics/news/display.var.2528207.0.McConnells_Malawi_posting_put_on_hold.php

SALMOND/ MURPHY DEBATE
22.9.09 ‘Murphy in debate challenge’ The Scotsman http://news.scotsman.com/scotland/Murphy-in-debate-challenge.5666379.jp
A. Macleod 22.9.09 ‘Slugger Salmond ducks out of political debate with Mauler Murphy’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6843462.ece
A. Macleod 28.9.09 ‘SNP denies Labour call for constitutional debate’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6851724.ece
E. Barnes 2.8.09 ‘Salmond seeks slot in TV debate for next election’ The Scotsman http://news.scotsman.com/politics/Salmond-seeks-slot-in-TV.5515728.jp

LIBERAL DEMOCRAT CONFERENCE
G. Peev 22.9.09 ‘Mansion tax plan could lose Scotland £110m’ The Scotsman http://news.scotsman.com/scotland/Mansion-tax-plan-could-lose.5666428.jp
A. Macleod 22.9.09 ‘Scottish Lib Dem leader Tavish Scott 'makes three U-turns in one speech'’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6843641.ece

LABOUR CONFERENCE
S. Johnson 28.9.09 ‘Jim Murphy and Iain Gray launch twin attack on 'superficial' SNP and Tories’ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/scotland/6240757/Jim-Murphy-and-Iain-Gray-launch-twin-attack-on-superficial-SNP-and-Tories.html
A. Macleod 21.9.09 ‘The unsurprising verdict on Scottish Labour leader Iain Gray’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6853086.ece

LABOUR TARGETTING SALMOND
L. Davidson 14.7.09 ‘Salmond the quarry in Labour's new strategy’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6711039.ece
L. Davidson 14.7.09 ‘Strengths can also be fatal weakness’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6711040.ece

MURPHY RECLAIMS SALTIRE
D. Maddox 29.6.09 ‘Patriotism 'belongs to all'’ The Scotsman http://news.scotsman.com/politics/Patriotism-39belongs-to-all39.5409004.jp
29.6.09 ‘Murphy: Labour allowed SNP to 'monopolise' saltire symbol’ The Scotsman http://news.scotsman.com/politics/Murphy-Labour-allowed-SNP-to.5411043.jp
L. Davidson 30.6.09 ‘Jim Murphy admits Labour allowed SNP to monopolise saltire’ he Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6604951.ece

PARTY FUNDING
E. Barnes 31.7.09 ‘SNP's income doubles to £1.8m as the cash flows in’ The Scotsman http://news.scotsman.com/politics/SNP39s-income-doubles-to-18m.5511592.jp
R. Dinwoodie 31.7.09 ‘Donations to Scottish Labour fell by 90% in just one year’ The Herald http://www.heraldscotland.com/donations-to-scottish-labour-fell-by-90-in-just-one-year-1.850517
J. Tapfield 23.7.09 ‘Labour's election hopes boosted by £4.6m tax rebate’ The Scotsman http://news.scotsman.com/politics/Labour39s-election-hopes-boosted-by.5485488.jp
http://www.theherald.co.uk/politics/news/display.var.2523114.0.Donations_to_Scottish_Labour_fell_by_90_in_just_one_year.php

CONSERVATIVES
M. Settle 17.7.09 ‘Poll: Tory candidates 'not uncomfortable' with independence’ The Herald http://www.theherald.co.uk/politics/news/display.var.2520412.0.Poll_Tory_candidates_not_uncomfortable_with_independence.php
R. Lydall ‘Cameron's plans to cut number of MPs could backfire for Scottish Tories’ The Scotsman http://news.scotsman.com/politics/Cameron39s-plans--to-cut.5304410.jp
J. Quinn 27.6.09 ‘Cameron concedes Tories were wrong to oppose devolution’ The Scotsman http://news.scotsman.com/politics/Cameron--concedes-Tories-were.5407697.jp
A. Pierce 1.7.09 ‘David Cameron says sorry over Section 28 gay law’ The Telegarph http://www.telegraph.co.uk/news/newstopics/politics/david-cameron/5710650/David-Cameron-says-sorry-over-Section-28-gay-law.html
J. Quinn 19.8.09 ‘'Hypocrisy' charge as Tory MSP stands for Westminster’ The Scotsman http://news.scotsman.com/politics/39Hypocrisy39-charge-as-Tory-MSP.5565245.jp

MISCELLANY
1.6.09 ‘LibDem councillor sacked over Trump resort joins Greens’ The Herald http://www.theherald.co.uk/politics/news/display.var.2511576.0.LibDem_councillor_sacked_over_Trump_resort_joins_Greens.php

MISCELLANY OF ELECTIONS/ POLLS
8.6.09 ‘We're on to a big winner for next time, say Nats’ The Scotsman http://news.scotsman.com/politics/We39re-on-to-a-big.5342859.jp
R. Dinwoodie 9.6.09 ‘Vote on independence would be close, say polls’ The Herald http://www.theherald.co.uk/politics/news/display.var.2513247.0.Vote_on_independence_would_be_close_say_polls.php
A. Macleod 8.6.09 ‘Salmond's SNP manages to defy political gravity’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6459420.ece
16.6.09 ‘Holyrood poll shows growing support for SNP’ The Scotsman http://news.scotsman.com/politics/Holyrood-poll-shows-growing-support.5368688.jp
M. Linklater 26.6.09 ‘Alex Salmond enters summer recess with rivals still on defensive’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6579353.ece
L. Moss 29.6.09 ‘Scots back tax hikes to boost NHS during economic downturn’ The Scotsman http://news.scotsman.com/politics/Scots-back-tax-hikes-to.5408970.jp
S. Johnson 28.6.09 ‘Most Scots unimpressed by first decade of devolution, poll finds ‘ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/scotland/5674685/Most-Scots-unimpressed-by-first-decade-of-devolution-poll-finds.html
B. Taylor 29.6.09 ‘Scotland 'now has stronger voice' BBC News http://news.bbc.co.uk/1/hi/scotland/8123346.stm
28.6.09 ‘Devolution backed by 41% of Scots’ BBC News http://news.bbc.co.uk/1/hi/scotland/8123114.stm
D. Maddox 1.7.09 ‘Pressure on parties to drop opposition as most Scots back independence vote ‘ The Scotsman http://news.scotsman.com/politics/Pressure-on-parties--to.5415942.jp
30.6.09 ‘Salmond 'more popular' than Brown’ BBC News http://news.bbc.co.uk/1/hi/scotland/8127464.stm
S. Johnson 1.7.09 ‘More than two-thirds of Scots say devolution has achieved little’ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/scotland/5712743/More-than-two-thirds-of-Scots-say-devolution-has-achieved-little.html
M. Settle 20.7.09 ‘Commons should adopt PR, say Scots voters’ The Herald http://www.theherald.co.uk/politics/news/display.var.2520887.0.Commons_should_adopt_PR_say_Scots_voters.php
M. Reid 28.7.09 ‘Third of Scots unhappy with NHS, says survey’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6730642.ece
J. Curtice 3.8.09 ‘Nats set for best result in 35 years – but little to show for it’ The Scotsman http://news.scotsman.com/politics/Nats-set-for-best-result.5516362.jp
E. Barnes 3.8.09 ‘Labour clings to slim advantage over SNP’ The Scotsman http://news.scotsman.com/politics/Labour-clings-to-slim-advantage.5516379.jp
9.9.09 ‘Poll findings 'put Gray's seat in doubt'’ The Scotsman http://news.scotsman.com/politics/Poll-findings-39put-Gray39s-seat.5630005.jp

3.6 Expenses
ALEX SALMOND’S FOOD EXPENSES
T. Peterkin 7.6.09 ‘New questions over Salmond food claims’ The Scotsman http://news.scotsman.com/politics/New-questions-over-Salmond-food.5342075.jp
T. Crichton 8.6.09 ‘’ Goldie challenges Salmond to publish appointments diary’ The Herald http://www.theherald.co.uk/politics/news/display.var.2513035.0.Goldie_challenges_Salmond_to_publish_appointments_diary.php
E. Barnes 21.6.09 ‘Salmond rejects call to open his diaries’ The Scotsman http://news.scotsman.com/politics/Salmond-rejects-call-to-open.5386442.jp
14.7.09 ‘Parliamentary standards watchdog to examine Alex Salmond expenses’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6703557.ece
A. Macleod 3.6.09 ‘Tories barred from questioning Salmond over food bill’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6425309.ece
M. Linklater 2.6.09 ‘Salmond's vague answers will not do in the present climate’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6418738.ece
H. Macdonell 8.6.09 ‘Salmond hits back in claims row’ The Scotsman http://news.scotsman.com/politics/Salmond-hits-back-in-claims.5342647.jp

ALEX SALMOND AND COST OF TONY BLAIR’S ‘IMPEACHMENT’
I. Swanson 14.7.09 ‘Salmond facing probe over his 'impeachment' expenses’ The Scotsman http://news.scotsman.com/politics/Salmond-facing-probe-over-his.5455973.jp
M. Settle 14.7.09 ‘Probe into Salmond's use of expenses in bid to impeach Blair’ The Herald http://www.theherald.co.uk/politics/news/display.var.2519747.0.Probe_into_Salmonds_use_of_expenses_in_bid_to_impeach_Blair.php
A. Macleod 19.6.09 ‘MPs' expenses: Alex Salmond's bid to impeach Tony Blair cost £14,100’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6530897.ece

PRESSURE ON SALMOND TO WITHDRAW AS AN MP
J. Robertson 2.8.09 ‘Salmond urged to quit as MP over his pay’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6736223.ece
3.6.09 ‘FMQs: Salmond urged to quit Westminster seat’ The Scotsman http://news.scotsman.com/politics/FMQs-Salmond-urged-to-quit.5331990.jp

DEVELOPMENTS IN THE MP EXPENSES SCANDAL
T. Crichton 20.6.09 ‘MPs rush to repay claims ranging from £1 to £40,000’ The Herald http://www.theherald.co.uk/politics/news/display.var.2515443.0.MPs_rush_to_repay_claims_ranging_from_1_to_40_000.php
S. Johnson 19.7.09 ‘MPs' expenses: Alex Salmond claims £2,000 for a letter folding machine’ The Telegraph http://www.telegraph.co.uk/news/newstopics/mps-expenses/5572621/MPs-expenses-Alex-Salmond-claims-2000-for-a-letter-folding-machine.html
J. Kirkup 4.8.09 ‘MPs expenses: Parliamentary officials get large pay rises’ The Telegraph http://www.telegraph.co.uk/news/newstopics/mps-expenses/5967654/MPs-expenses-Parliamentary-officials-get-large-pay-rises.html
M. Settle 11.8.09 ‘New transparency for MPs' interests’ The Herald http://www.theherald.co.uk/politics/news/display.var.2524905.0.New_transparency_for_MPs_interests.php
M. Settle 1.6.09 ‘Brown announces body to shake up UK constitution’ The Herald http://www.theherald.co.uk/politics/news/display.var.2511577.0.Brown_announces_body_to_shake_up_UK_constitution.php
1.6.09 ‘Brown plans MPs' code of conduct to clean up politics’ The Scotsman http://news.scotsman.com/politics/Brown-plans-MPs39-code-of.5320101.jp
R. Dinwoodie 27.5.09 ‘Blocking expense details 'wrong'’ The Herald http://www.theherald.co.uk/politics/news/display.var.2510608.0.Blocking_expense_details_wrong.php
15.6.09 ‘MPs being turned into 'drudges' by professional politics’ The Herald http://www.theherald.co.uk/politics/news/display.var.2514354.0.MPs_being_turned_into_drudges_by_professional_politics.php
M. Settle 15.6.09 ‘Second jobs could be the catalyst for fresh outcry’ The Herald http://www.theherald.co.uk/politics/news/display.var.2514351.0.Second_jobs_could_be_the_catalyst_for_fresh_outcry.php
M. Settle 17.6.09 ‘Days of MPs employing family members are numbered’ The Herald http://www.theherald.co.uk/politics/news/display.var.2514773.0.Days_of_MPs_employing_family_members_are_numbered.php
G. Peev 22.6.09 ‘MP expenses scandal 'appalling' says information chief’ The Scotsman http://news.scotsman.com/politics/MP-expenses-scandal-39appalling39-says.5387021.jp
L. Davidson 21.6.09 ‘Commissioner attacks MPs for 'passing the blame'’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6549960.ece
S. MacDonald 21.6.09 ‘‘Look to MSPs in war on secrecy’’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6543948.ece
E. Barnes 21.6.09 ‘Scots MPs funnelling public cash to parties’ The Scotsman http://news.scotsman.com/politics/Scots-MPs-funnelling-public-cash.5386438.jp
J. Gilmour 25.6.09 ‘Electoral accountability can't be enforced by first-past-the-post voting system’ The Scotsman http://news.scotsman.com/politics/Electoral-accountability-can39t-be-enforced.5399209.jp
J. Swaine 10.7.09 ‘MPs forced to disclose how long they spend on second jobs ‘ The Telegraph http://www.telegraph.co.uk/news/newstopics/mps-expenses/5789873/MPs-forced-to-disclose-how-long-they-spend-on-second-jobs.html
25.8.09 ‘MPs pressure expenses inquiry for pay rise’ The Scotsman http://news.scotsman.com/politics/MPs-pressure-expenses-inquiry-for.5583491.jp
25.8.09 ‘MPs across parties clamour for pay rise’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527205.0.MPs_across_parties_clamour_for_pay_rise.php
L. Davidson 29.5.09 ‘Margo MacDonald is Britain’s most frugal politician’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6382819.ece
29.5.09 ‘£36,000 bill for Lothian's MSPs’ The Scotsman http://news.scotsman.com/politics/36000-bill-for-Lothian39s-MSPs.5315223.jp
R. Lydall 15.6.09 ‘Devine faces Labour 'star chamber' and election ban’ The Scotsman http://news.scotsman.com/politics/Devine-faces-Labour-39star-chamber39.5364691.jp
H. Macdonell 8.6.09 ‘Under-fire MP claims local party support’ The Scotsman http://news.scotsman.com/politics/Underfire-MP-claims-local-party.5342642.jp
D. Maddox 9.7.09 ‘Lib Dem blow as candidate quits in fury at expenses scandal MPs’ The Scotsman http://news.scotsman.com/politics/Lib-Dem-blow-as-candidate.5442425.jp

FREEDOM OF INFORMATION
K. Dunion 21.6.09 ‘Kevin Dunion: Why Scottish system is more open than Westminster’s’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6543467.ece
BBC 1.6.09 ‘Confidential data 'not kept safe' BBC http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/8077713.stm
4.6.09 ‘Council's hush-hush talks find no place in the public domain’ The Scotsman http://news.scotsman.com/politics/Council39s-hushhush-talks-find-no.5332522.jp
28.9.09 ‘Secret government files to be opened to public’ The Scotsman http://news.scotsman.com/politics/Secret-government-files-to-be.5683612.jp
3.7.09 ‘Early release of information’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/07/03105502

QUEEN VISITS THE SCOTTISH PARLIAMENT
1.7.09 ‘Queen tells Scottish parliament to build on strong foundations’ The Scotsman http://news.scotsman.com/politics/Queen-tells-Scottish-parliament-to.5418943.jp
B. Currie 2.7.09 ‘MSPs of most parties snub Queen's visit to Holyrood’ The Herald http://www.theherald.co.uk/politics/news/display.var.2517670.0.MSPs_of_most_parties_snub_Queens_visit_to_Holyrood.php
A. macleod 2.7.09 ‘MSPs 'snub' Queen as dozens stay away’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6619104.ece
C. Sweeney 1.7.09 ‘The many and various excuses came thick and fast’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6620464.ece
1.7.09 ‘Queen tells Holyrood it must retain public confidence’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6618720.ece
A. Cochrane 2.7.09 ‘Few join Queen in celebrating Scottish Parliament anniversary ‘ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/scotland/5711489/Few-join-Queen-in-celebrating-Scottish-Parliament-anniversary.html

POTENTIAL MEMBER BILL
A. Philip 4.8.09 ‘MSP's party unity plea over wrongful death compensation’ The Scotsman http://news.scotsman.com/politics/MSP39s-party-unity--plea.5519546.jp
4.8.09 ‘MSP seeks backing for bill on wrongful death payouts’ The Herald http://www.theherald.co.uk/politics/news/display.var.2523759.0.MSP_seeks_backing_for_bill_on_wrongful_death_payouts.php



[1] It has only been recalled in two other instances – following the deaths of Donald Dewar and the Queen Mother – Scottish Parliament News Release 20.8.09 ‘Presiding Officer Recalls Parliament’ http://www.scottish.parliament.uk/nmCentre/news/news-09/pa09-044.htm
[2] Scottish Parliament News Release 17.8.09 ‘Presiding Officer's Statement On Request To Recall Parliament’ http://www.scottish.parliament.uk/nmCentre/news/news-09/pa09-040.htm;
[3] House of Commons Information Office (2008) EU Legislation and
Scrutiny Procedures http://www.parliament.uk/documents/upload/l11.pdf
[4] Independent Advisers to the First Minister (2009) Scottish Ministerial Code Inquiry:
Complaint From Iain Gray MSP About First Minister’s Answers On Open Prison Absconds
http://www.scotland.gov.uk/Resource/Doc/1124/0084819.pdf ; Scottish Government News Release 5.8.09 ‘Ministerial Code Inquiry’ http://www.scotland.gov.uk/News/Releases/2009/08/05103555
[5] A. Macleod 5.8.09 ‘MSPs rapped over point scoring at First Minister's Questions’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6740314.ece
[6] See for example Scottish Parliament Official Report cols.18410-2 http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-09/sor0611-02.htm#Col18374 ; D. Maddox 6.8.09 ‘'Holyrood as bad as Westminster' – Steel’ The Scotsman http://news.scotsman.com/politics/39Holyrood-as-bad-as-Westminster39.5528067.jp
[7] Similar claims on a different issue were made in 2001, culminating in Glasgow’s decision to leave COSLA – see McGarvey, February 2001: 41-2.
[8] H. Mcardle 17.9.09 ‘Purcell claims Glasgow has been snubbed in budget round’ The Herald http://www.heraldscotland.com/news/politics/purcell-claims-glasgow-has-been-snubbed-in-budget-round-1.920392; D. Maddox 25.9.09 ‘Inflation fall gives Scottish Government '£1bn budget bonus'’ The Scotsman http://news.scotsman.com/politics/Inflation-fall-gives-Scottish-Government.5678644.jp;
24.7.09 ‘SNP attacks Labour's 'savage' cuts’ The Herald http://www.theherald.co.uk/politics/news/display.var.2521746.0.SNP_attacks_Labours_savage_cuts.php
[9] See, for example, the 28th September 2009 edition of Holyrood Magazine.
[10] For a full list of motions and votes, see BBC News 24.9.09 ‘How MSPs voted in the parliament’ http://news.bbc.co.uk/1/hi/scotland/8236304.stm
[11] J. Allardyce 14.6.09 ‘Rapid alerts for snatched children’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6493741.ece
[12] Scottish Parliament Official Report 24.9.09 cols.19895-926 http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-09/sor0924-01.htm
[13] Scottish Parliament Official Report 25.6.09 cols.18835-87 http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-09/sor0625-01.htm
[14] Scottish Parliament Official Report 2.9.09 col.19162 http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-09/sor0902-02.htm#Col19154
[15] M.Russel 7.6.09 ‘Mike Russell: Holyrood's miles better’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6445180.ece; H. Macdonell 23.6.09 ‘Shamed MPs should have learned from Holyrood’ The Scotsman http://news.scotsman.com/politics/Shamed--MPs-should-have.5390286.jp. Note also the evidence of Holyrood learning negative lessons when forming an agreement with the police on MSP office searches - R. Dinwoodie 26.6.09 ‘Agreement clarifies operation of Holyrood office searches’ The Herald http://www.theherald.co.uk/politics/news/display.var.2516556.0.Agreement_clarifies_operation_of_Holyrood_office_searches.php
[16] Scottish Parliament News Release 5.6.09 ‘Independent Examination To Be Carried Out On Holyrood’s Expenses System’ http://www.scottish.parliament.uk/nmCentre/news/news-09/pa09-017.htm
[17] P. Hutcheon 8.8.09 ‘Salmond backs scheme to force MSPs to repay second home profits’ The Herald http://www.sundayherald.com/news/heraldnews/display.var.2524605.0.0.php
[18] J. Allardyce 7.6.09 ‘‘Recall’ plan could see unwanted MSPs ousted’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6446185.ece

[19] Scottish Parliament News Release 23.6.09 ‘Committee discovers disturbing evidence of under-5s with mental health issues slipping through the net’ http://www.scottish.parliament.uk/nmCentre/news/news-comm-09/cHandS09-s3-003.htm
[20] Scottish Parliament Official Report 21.5.09 http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-09/sor0521-02.htm#Col17695
[21] Scottish Parliament News Release 11.6.09 ‘Transport Scotland Criticised Over Serious Governance Failures’ http://www.scottish.parliament.uk/nmCentre/news/news-comm-09/cau09-s3-005.htm; Scottish Parliament News Release 24.6.09 ‘Committee Convener Requests Auditor General Probe Into Rail Franchise Passenger Figures’ http://www.scottish.parliament.uk/nmCentre/news/news-comm-09/cau09-s3-006.htm
[22] B. Currie 23.6.09 ‘Holyrood call for review of bonuses’ The Herald http://www.theherald.co.uk/politics/news/display.var.2515859.0.Holyrood_call_for_review_of_bonuses.php; H. Macdonell 23.6.09 ‘MSPs call for end to big public-sector bonuses’ The Scotsman http://news.scotsman.com/politics/MSPs-call-for-end-to.5390287.jp
[23] R. Dinwoodie 12.8.09 ‘Labour petition on knives goes to Holyrood’ The Herald http://www.theherald.co.uk/politics/news/display.var.2525073.0.Labour_petition_on_knives_goes_to_Holyrood.php
[24] 30.6.09 ‘Report recommends Holyrood spending alert’ The Herald http://www.theherald.co.uk/politics/news/display.var.2517248.0.Report_recommends_Holyrood_spending_alert.php
[25] Scottish Parliament News Release 24.9.09 ‘Parliament Creates Financial Scrutiny Unit’ http://www.scottish.parliament.uk/nmCentre/news/news-09/pa09-049.htm
[26]Excluding most annual reports, financial memoranda, budget reports (which are brought together by the Finance Committee’s stage 2 report) and reports on subordinate legislation (which can be tracked more systematically on the committee webpage). From this edition the lists also exclude reports on legislative consent memoranda (these can be tracked more easily from the Scottish Government’s own records -http://www.scotland.gov.uk/About/Sewel/SessionThree) and stage 1 reports on proposed legislation (these can be tracked more easily in the Scottish Parliament’s bills section - http://www.scottish.parliament.uk/business/bills/index.htm). In other words, the focus of this list is on non-routine publications such as committee inquiries conducted at their discretion. For the committee issues that the Scottish Parliament chose to publicise, see http://www.scottish.parliament.uk/nmCentre/news/index.htm
[27] K. Wright (2009) Climate Change (Scotland) Bill: Stage 3, SPICe briefing, 09/43 http://www.scottish.parliament.uk/business/research/briefings-09/SB09-43.pdf; BBC News 23.6.09 ‘Climate change targets 'tougher'’ http://news.bbc.co.uk/1/hi/scotland/8114193.stm
[28] The move is also consistent with proposals originally made in the McIntosh, Kerley and Arbuthnott Reports – see S. Herbert (2009) Scottish Local Government (Elections) Bill, SPICe briefing 09/21 http://www.scottish.parliament.uk/business/research/briefings-09/SB09-21.pdf
[29] See G. Ross (2009) Offences (Aggravation by Prejudice0 (Scotland) Bill, SPICe briefing 04/41 http://www.scottish.parliament.uk/business/research/briefings-08/SB08-41.pdf
[30] For a list of Members’ Bill Proposals see http://www.scottish.parliament.uk/business/bills/membersBills.htm
[31] A full list of motions and links to SPOR discussions is provided by the Scottish Government http://www.scotland.gov.uk/About/Sewel/SessionThree (but note that it lists all potential motions rather than those proposed and passed)

Friday, 2 October 2009

The Release of the Lockerbie Bomber

This is the introduction to the Scotland Devolution Monitoring Report
September 2009 but with added references. For the full reports see http://www.ucl.ac.uk/constitution-unit/research/devolution/devo-monitoring-programme.html


The decision by Justice Secretary Kenny MacAskill to release the Lockerbie bomber, Abdelbaset al-Megrahi, from Greenock Prison on compassionate grounds stands out as the major event in this period.[i] Indeed, it is difficult to think of any other ‘Scottish’ issue that would command such international attention or prompt so much analysis on the SNP’s governing competence on the world stage.[ii] The issue is multi-faceted and still unfolding in the public domain. As such, we have witnessed a classic media process in which attention lurches from one aspect of the story to another.[iii] In July, when much less was known (and there were rumours that MacAskill was ‘minded’ to release him[iv]), an administrative focus on how MacAskill conducted his inquiry was followed by claims that he would struggle to meet the deadline for a decision[v] and that much depended on whether or not al-Megrahi would drop his appeal[vi] (al-Megrahi has since protested his innocence[vii]). We then had a period considering the extent to which MacAskill would be subject and vulnerable to a wide range of political pressure, from domestic media coverage (of the families of victims, members of the emergency services) to public opinion, opposition parties and international representations (particularly from the US, with figures such as US senators, the FBI director Robert Mueller and Secretary of State Hilary Clinton highly vocal on the issue) against al-Megrahi’s release[viii] (with some speculation about reverse pressure from the UK Government to allow his release as a way to foster closer economic and political links between the UK and Libya).

Other periods focused on how this relates to wider forms of parliamentary political pressure on MacAskill following the recent prospect of a vote of no confidence in Parliament (although 3.1 shows that the Scottish Parliament only became involved formally after the decision was made)[ix] and how Scotland would look on the world stage. Then came the decision and an extended period of discussion on MacAskill’s reasons for al-Megrahi’s release. More could have been made of the Scottish-UK intergovernmental issue had MacAskill agreed to Megrahi’s release under the UK-Libya prisoner transfer agreement devised in 2007, particularly since Alex Salmond was highly critical of then Prime Minister Tony Blair’s involvement in the agreement and the absence of FCO consultation with the Scottish Government. However, if anything, the lack of Scotland-UK contact seemed the bigger issue.[x] Instead, MacAskill released Megrahi on compassionate grounds, based on a principle in Scots law that prisoners should be eligible for compassionate release if they are terminally ill and close to death. This allowed him and Salmond to present a narrative based Scottish ministerial autonomy, leaving others to explore the degree of external interference. Indeed, a consistent focus throughout was on the extent to which this was a Scottish rather than a UK decision, and it became clear very early on that the UK Government was eager to be seen to take a hands-off role, respecting the principle of executive devolution. This appeared to backfire on Prime Minister Gordon Brown personally when he was roundly criticised for making no comment at all,[xi] particularly given the extent of the rumours about deals done (‘in the desert’[xii]) between the UK and Libyan Governments over business contracts (and, to a lesser extent, concerns about links between the decision and terrorism[xiii]).

So far, although the decision initially appeared unpopular with Scots and potentially damaged the SNP’s electoral chances, it has not undermined the status of the minority Scottish Government. Neither has it produced significantly greater pressure for MacAskill (already under parliamentary pressure over such issues as knife crime and court reforms[xiv]) to resign as Justice Secretary. Much opposition party criticism has focussed on MacAskill’s handling of the case, including not only his decision to visit al-Megrahi in prison[xv] but also his reliance on particular sources of medical advice to determine the severity of his cancer[xvi] and the amount of time he had to live, and his rejection of other solutions related to compassionate release (including the prospect of housing and policing al-Megrahi in a care home or hospice in Scotland[xvii]). Some eyes have also been raised when MacAskill’s initial speech made reference to the links between compassion and religion. Yet, there was not a meaningful call for MacAskill’s resignation. In part, this is because Alex Salmond went at great lengths to publicly back MacAskill[xviii], if need be by releasing official documents[xix] (and because many figures, including Nelson Mandela, supported the decision).[xx] The SNP’s position was also helped by growing criticism of the role of the UK Government.

Al-Megrahi’s welcoming reception in Libya (with much of the crowd waving Saltires[xxi]) threatened to stoke up the issue further and, for a short period, the international reaction was intense,[xxii] even extending to some US campaigns to punish Scotland economically.[xxiii] US President Obama was also said to be ‘disappointed’ by the decision. Yet, there are now signs that attention has moved on and that initial reactions have been tempered.[xxiv]

[i] 20.8.09 ‘Lockerbie: Al Megrahi to be released on compassionate grounds’ The Scotsman http://news.scotsman.com/politics/Lockerbie-Al-Megrahi-to-be.5573888.jp
20.8.09 ‘Lockerbie: MacAskill hits out at actions of UK government’ The Scotsman http://news.scotsman.com/politics/Lockerbie-MacAskill-hits-out-at.5574338.jp
20.8.09 ‘Lockerbie: Kenny MacAskill's statement on Al Megrahi's release in full’ he Scotsman http://news.scotsman.com/politics/Lockerbie--Kenny-MacAskill39s-statement.5574230.jp
1.9.09 ‘Lockerbie decision’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/09/01133538
24.8.09 ‘Statement on Lockerbie bomber's release’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/08/24105040
20.8.09 ‘Lockerbie prisoner released’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/08/20080736
24.8.09 ‘Lockerbie bomber debate - as it happened’ The Scotsman http://news.scotsman.com/politics/Lockerbie-bomber-debate--as.5582360.jp
[ii] A. Cochrane 17.8.09 ‘Scotland is finding the big fish harder to handle’ The Telegraph http://www.telegraph.co.uk/comment/columnists/alancochrane/6044798/Scotland-is-finding-the-big-fish-harder-to-handle.html
M. Linklater 18.8.09 ‘A disastrous debut on the world stage’ The Times http://www.timesonline.co.uk/tol/comment/columnists/magnus_linklater/article6799649.ece
A. Carmb 23.8.09 ‘Lockerbie bomber's release 'damaged Scotland's standing'’ he Telegraph http://www.telegraph.co.uk/news/newstopics/politics/scotland/6077369/Lockerbie-bombers-release-damaged-Scotlands-standing.html
[iii] See Trench, September 2007: 47 for a discussion of Alex Salmond and the Scottish Government’s criticism of the UK Government decision to sign a prisoner transfer agreement with Libya.
[iv] C. Sweeney 5.8.09 ‘Release closer for Lockerbie bomber’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6740747.ece
D. Maddox 17.8.09 ‘Hopes dashed for in-depth inquiry into Lockerbie’ The Scotsman http://news.scotsman.com/politics/Hopes-dashed-for-indepth-inquiry.5558867.jp
D. Maddox 18.8.09 ‘Lockerbie bomber 'has been sending home belongings for past six weeks'’ The Scotsman http://news.scotsman.com/politics/Lockerbie-bomber-39has-been-sending.5562223.jp
S. Carrell 19.8.09 ‘Lockerbie bomber Abdelbaset al-Megrahi to be freed’ The Guardian http://www.guardian.co.uk/uk/2009/aug/19/lockerbie-bomber-to-be-freed
E. Barnes 12.8.09 ‘Government rejects claims Lockerbie bomber set to be released’ The Scotsman http://news.scotsman.com/politics/Labour-plans-to-axe-council.5544535.jp
[v] C. Sweeney 5.7.09 ‘MacAskill holds talks over fate of Lockerbie bomber’ he Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6644311.ece
1.8.09 ‘MacAskill unable to meet deadline on Megrahi appeal’ the Scotsman http://news.scotsman.com/politics/MacAskill-unable-to-meet-deadline.5514647.jp
1.8.09 ‘Justice Secretary will not meet Megrahi deadline’ The Herald http://www.theherald.co.uk/politics/news/display.var.2523304.0.Justice_Secretary_will_not_meet_Megrahi_deadline.php
[vi] A. Philip 24.8.09 ‘'Political influence over legal cases is a weakness'’ The Scotsman http://news.scotsman.com/politics/39Political-influence-over-legal-cases.5580415.jp
23.8.09 ‘Hans Kochler: 'I strongly suspect he was pressurised into dropping appeal'’ The Scotsman http://news.scotsman.com/politics/Hans-Kochler-39I-strongly-suspect.5579628.jp
C. Sweeney 19.8.09 ‘Edinburgh clears way for Lockerbie bomber Abdul Baset Ali al-Megrahi’s move to Libya’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6801186.ece
21.8.09 ‘Crown drops Lockerbie appeal’ Scottish Government News Release http://www.scotland.gov.uk/News/Releases/2009/08/21163641
A. Macleod 31.8.09 ‘I suspect deal over al-Megrahi appeal, says former ambassador’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6816334.ece
[vii] L. Adams 18.9.09 ‘Law chief condemns Megrahi’ The Herald http://www.heraldscotland.com/news/crime-courts/law-chief-condemns-megrahi-1.920673
25.8.09 ‘Megrahi: 'MSPs must do more to probe the decision'’ The Scotsman http://news.scotsman.com/politics/Megrahi-39MSPs-must-do-more.5583990.jp
[viii] T. Peterkin 5.7.09 ‘Lockerbie relatives to demand Megrahi stays in Scots jail ‘The Scotsman http://news.scotsman.com/politics/Lockerbie-relatives-to-demand-.5430108.jp
C. Sweeney 6.7.09 ‘Do not set 'guilty' Lockerbie bomber free, detectives plead’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6742070.ece
R. Dinwoodie 11.8.09 ‘Lord Advocate: no political interference in bomber case’ The herald http://www.theherald.co.uk/politics/news/display.var.2524903.0.Lord_Advocate_no_political_interference_in_bomber_case.php
L. Davidson 17.8.09 ’ Kenny MacAskill gives in to US pressure over Lockerbie bomber’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6798526.ece
18.8.09 ‘US senators urge MacAskill to keep Lockerbie bomber in prison’ The Scotsman http://news.scotsman.com/politics/US-senators-urge-MacAskill-to.5562569.jp
17.8.09 ‘Lockerbie bomber’s release ‘delayed by pressure from Hillary Clinton’’ he Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6798447.ece
A. Spillus 18.8.09 ‘Lockerbie bombing: seven US senators urge Scotland not to release Megrahi’ The Telegraph http://www.telegraph.co.uk/news/worldnews/northamerica/usa/6046677/Lockerbie-bombing-Seven-US-senators-urge-Scotland-not-to-release-Megrahi.html
L. Davidson 17.8.09 ‘Lockerbie bomber’s case is a lesson in how to lose friends’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6798499.ece
M. Linklater 13.8.09 ‘Compassion for the Lockerbie bomber, agony for the families’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6794586.ece
J. Allardyce and M. Macaskill 16.8.09 ‘Majority do not support Megrahi release’ he Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6797884.ece
[ix] SCOTTISH PARLIAMENT PRESSURE BEFORE
17.8.09 ‘MSP demands Megrahi debate’ The Herald http://www.theherald.co.uk/politics/news/display.var.2525840.0.MSP_demands_Megrahi_debate.php
L. Davidson 17.8.09 ‘No recall for MSPs over Lockerbie bomber’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6799857.ece
17.7.09 ‘Scottish Government under pressure to recall Parliament over Lockerbie decision’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6799134.ece
SCOTTISH PARLIAMENT PRESSURE AFTER
24.8.09 ‘MSP anger’ The Scotsman http://news.scotsman.com/politics/MSP-anger.5580455.jp
I. Swanson 21.8.09 ‘Margo calls for answers as Megrahi returns to Libya’ The Scotsman http://news.scotsman.com/politics/Margo-calls-for-answers-as.5576295.jp
I. Swanson 24.8.09 ‘Salmond facing confidence vote over Megrahi release’ The Scotsman http://news.scotsman.com/politics/Salmond-facing-confidence-vote-over.5581180.jp
R. Dinwoodie 25.8.09 ‘MacAskill defends decision as rivals fail to land blows’ he Herald http://www.theherald.co.uk/politics/news/display.var.2527196.0.MacAskill_defends_decision_as_rivals_fail_to_land_blows.php
J. Swaine and A. Cramb ‘Kenny MacAskill to face furious MSPs over Lockerbie bomber release’ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/scotland/6080538/Kenny-MacAskill-to-face-furious-MSPs-over-Lockerbie-bomber-release.html
24.8.09 ‘Minister stands by bomber release’ BBC http://news.bbc.co.uk/1/hi/scotland/8216897.stm
26.8.09 ‘Lockerbie bomber: Tories accuse MacAskill of misleading public’ The Scotsman http://news.scotsman.com/politics/Tories-accuse-MacAskill-of-misleading.5588682.jp
25.8.09 ‘Iain Gray: MacAskill 'should publish notes of Megrahi meeting'’ The Scotsman http://news.scotsman.com/politics/Iain-Gray-MacAskill-39should-publish.5585176.jp
R. Dinwoodie 25.8.09 ‘MacAskill defends decision as rivals fail to land blows’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527196.0.MacAskill_defends_decision_as_rivals_fail_to_land_blows.php
A. Macleod 26.8.09 ‘MacAskill ‘misled’ MSPs over al-Megrahi release’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6810060.ece
D. Maddox 3.9.09 ‘MSPs say bomber release was wrong’ The Scotsman http://thescotsman.scotsman.com/latestnews/MSPs-say-bomber-release-was.5613008.jp
R. Dinwoodie 22.9.09 ‘Holyrood to hold inquiry on release of Megrahi’ The herald http://www.heraldscotland.com/news/politics/holyrood-to-hold-inquiry-on-release-of-megrahi-1.921567
M. Linklater 24.8.09 ‘Analysis: the phrase that could haunt Kenny MacAskill over Lockerbie decision’ The Times http://www.timesonline.co.uk/tol/news/politics/article6808176.ece
S. Carrell 25.8.09 ‘Lockerbie bomber decision leaves SNP facing censure from furious opposition’ The Guardian http://www.guardian.co.uk/uk/2009/aug/24/lockerbie-bomber-snp
A. Macleod, S. Jagger and R. Kerbaj 24.8.09 ‘Lockerbie release could topple Scottish government’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6807289.ece
R. Dinwoodie 26.8.09 ‘LibDem rebels are likely to kill off censure motion’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527435.0.LibDem_rebels_are_likely_to_kill_off_censure_motion.php
D. Maddox 25.8.09 ‘MacAskill to survive as MSPs back off key vote’ The Scotsman http://news.scotsman.com/politics/MacAskill--to-survive-as.5583557.jp
T. Peterkin 23.9.09 ‘MacAskill faces probe over Megrahi’ The Scotsman http://news.scotsman.com/politics/MacAskill-faces-probe-over-Megrahi.5670118.jp
D. Maddox 9.9.09 ‘Full inquiry to be held on Megrahi’ The Scotsman http://news.scotsman.com/politics/Full-inquiry-to-be-held.5629257.jp
[x] 18.9.09 ‘Megrahi release highlights ‘immature’ relationship between governments’ The Herald https://mail.abdn.ac.uk/owa/redir.aspx?C=a9b75d27dd8644ea98f1b9c5c375226f&URL=http%3a%2f%2fwww.heraldscotland.com%2fnews%2fpolitics%2fmegrahi-release-highlights-immature-relationship-between-governments-1.920685
P. Reynolds 30.8.09 ‘Megrahi freed: Some answers’ BBC http://news.bbc.co.uk/1/hi/uk/8229705.stm
[xi] 21.8.09 ‘Lockerbie: Miliband refuses to say whether he agrees with MacAskill over bomber's release’ The Scotsman http://news.scotsman.com/politics/Lockerbie-Miliband-refuses-to-say.5576186.jp
J. Swaine 23.8.09 ‘Lockerbie bomber release: pressure mounting on Gordon Brown’ The Telegraph http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/6076926/Lockerbie-bomber-release-pressure-mounting-on-Gordon-Brown.html
24.8.09 ‘Lockerbie release: Gordon Brown should tell us what he said to Colonel Gaddafi’ The Telegraph http://www.telegraph.co.uk/comment/telegraph-view/6079443/Lockerbie-release-Gordon-Brown-should-tell-us-what-he-said-to-Colonel-Gaddafi.html
25.8.09 ‘Pressure mounts on Brown to give his views of release’ The Scotsman http://news.scotsman.com/politics/Pressure-mounts-on--Brown.5583552.jp
S. Coates 24.8.09 ‘Downing Street says Lockerbie release is too sensitive to comment on’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6807889.ece
M. Settle 25.8.09 ‘Brown under fire over 'cowardly silence'’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527198.0.Brown_under_fire_over_cowardly_silence.php
24.8.09 ‘Lockerbie release: Gordon Brown should tell us what he said to Colonel Gaddafi’ The Telegraph http://www.telegraph.co.uk/comment/telegraph-view/6079443/Lockerbie-release-Gordon-Brown-should-tell-us-what-he-said-to-Colonel-Gaddafi.html
J. Swaine 24.8.09 ‘Lockerbie bomber release: Gordon Brown silence 'absurd', says Nick Clegg’ The Telegraph http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/6080585/Lockerbie-bomber-release-Gordon-Brown-silence-absurd-says-Nick-Clegg.html
A. Porter 23.8.09 ‘Analysis: Gordon Brown is strangely reluctant to rush back to handle this crisis’ The Telegraph http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/6077241/Analysis-Gordon-Brown-is-strangely-reluctant-to-rush-back-to-handle-this-crisis.html
25.8.09 ‘Dominic Lawson: The Prime Minister’s silence over Lockerbie is eloquent’ The Independent http://www.independent.co.uk/opinion/commentators/dominic-lawson/dominic-lawson-the-prime-ministers-silence-over-lockerbie-is-eloquent-1776794.html
T. Crichton 26.8.09 ‘Evasive Brown leaves himself open to ridicule’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527434.0.Evasive_Brown_leaves_himself_open_to_ridicule.php
S. Coates 26.8.09 ‘Gordon Brown 'damaged the UK' by ducking questions over Lockerbie bomber ‘ The Times http://www.timesonline.co.uk/tol/news/politics/article6809942.ece
J. Booth 25.8.09 ‘Gordon Brown finally breaks silence on Lockerbie to condemn Libya’ The Times http://www.timesonline.co.uk/tol/news/politics/article6809466.ece
S. Coates 27.8.09 ‘Jack Straw is first British minister to question Lockerbie bomber’s release ‘ The Times http://www.timesonline.co.uk/tol/news/politics/article6811462.ece
P. Riddell 28.8.09 ‘Brown is wrong to say al-Megrahi’s release is a matter for Scotland’ The Times http://www.timesonline.co.uk/tol/news/politics/article6812895.ece
S. Jagger and T. Baldwin 30.8.09 ‘Downing Street approved Lockerbie bomber deal’ The Times http://www.timesonline.co.uk/tol/news/politics/article6815638.ece
M. White and S. carrell 30.8.09 ‘Jack Straw denies allegations he gave green light to release Megrahi’ The Guardian http://www.guardian.co.uk/politics/2009/aug/30/straw-megrahi-snp-lockerbie-oil
30.8.09 ‘Straw 'backed down' over Megrahi’ BBC http://news.bbc.co.uk/1/hi/uk/8229114.stm
1.9.09 ‘Brown 'opposed bomber jail death'’ BBC http://news.bbc.co.uk/1/hi/scotland/8230722.stm
1.9.09 ‘Libyan minister piles new Lockerbie pressure on Brown’ The Independent http://www.independent.co.uk/news/uk/home-news/megrahi-release-documents-to-be-published-1779987.html
M. Settle 9.9.09 ‘Brown accused of demoralising Labour over Megrahi affair’ The Herald http://www.heraldscotland.com/news/politics/brown-accused-of-demoralising-labour-over-megrahi-affair-1.918641
P. Wintour and S. Carrell 2.9.09 ‘Gordon Brown finally admits support for Lockerbie bomber release’ The Guardian http://www.guardian.co.uk/politics/2009/sep/02/gordon-brown-megrahi-lockerbie-release
C. Woodhouse 12.9.09 ‘Brown 'raised release of bomber during Obama call'’ The Scotsman http://news.scotsman.com/politics/Brown-39raised-release-of-bomber.5641247.jp
10.9.09 ‘Barack Obama tells Gordon Brown of 'disappointment' over Lockerbie release’ The Telegraph http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/6169845/Barack-Obama-tells-Gordon-Brown-of-disappointment-over-Lockerbie-release.html
A. Porter 24.8.09 ‘Gordon Brown 'cowardly' over Lockerbie bomber silence’ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/6083013/Gordon-Brown-cowardly-over-Lockerbie-silence.html
25.8.09 ‘Lockerbie bomber: Gordon Brown denies he had role in Megrahi's release’ The Telegraph http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/6088166/Lockerbie-bomber-Gordon-Brown-denies-he-had-role-in-Megrahis-release.html
A. Woodcock 28.9.09 ‘Megrahi interference would have been a mistake – PM’ The Scotsman http://news.scotsman.com/politics/Megrahi-interference-would-have-been.5682630.jp
S. Jagger and T. Baldwin 30.8.09 ‘Downing Street approved Lockerbie bomber deal’ The Times http://www.timesonline.co.uk/tol/news/politics/article6815638.ece
R. Hawkins 24.8.09 ‘Brown's Lockerbie release dilemma’ BBC http://news.bbc.co.uk/1/hi/uk_politics/8218263.stm
[xii] N. Watt and J. Borger 19.8.09 ‘Ministers pushed Lockerbie treaty 'to protect oil interests'’ The Guardian http://www.guardian.co.uk/uk/2009/aug/19/ministers-pushed-lockerbie-treaty-libya
19.8.09 ‘Bomber desperate to return home as cancer reaches the terminal stage, say doctors’ The Scotsman http://news.scotsman.com/politics/Bomber-desperate-to-return-home.5565710.jp
C. Sweeney and L. Davidson 21.8.09 ‘‘Deal in the desert’ put Abdul Baset Ali al-Megrahi on path to freedom’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6804645.ece
M. Campbell 23.8.09 ‘The Libyan Ultimatum’ The Times http://www.timesonline.co.uk/tol/news/politics/article6806482.ece
E. Barnes 23.8.09 ‘No 'desert deal' to free Megrahi says former PM’ he Scotsman http://news.scotsman.com/politics/No-39desert-deal39-to-free.5579641.jp
22.8.09 ‘Megrahi: deal or no deal?’ The Herald http://www.sundayherald.com/news/heraldnews/display.var.2526955.0.0.php
D. Blair 19.8.09 ‘Megrahi: What price justice?’ The Telegraph http://www.telegraph.co.uk/comment/6057558/Megrahi-What-price-justice.html
25.8.09 ‘Fate of Swiss expatriates in Libya was ominous for al-Megrahi case’ The Times http://www.timesonline.co.uk/tol/news/uk/article6808551.ece
D. Maddox 28.8.09 ‘Come clean on seven UK-Libya liaisons before bomber freed, ministers told’ The Scotsman http://news.scotsman.com/politics/Come-clean-on-seven-UKLibya.5596749.jp
28.8.09 ‘'No deals' linked to freed bomber’ BBC http://news.bbc.co.uk/1/hi/scotland/8225975.stm
E. Barnes 31.8.09 ‘Analysis: Nuances are drowned out by the blunt assertion that they did a deal, so they're all at it’ The Scotsman http://news.scotsman.com/politics/Analysis-Nuances-are-drowned-out.5601947.jp
T. Peterkin 29.8.09 ‘'Blair deal linked to Megrahi, but not by name' – Gaddafi's son’ The Scotsman http://news.scotsman.com/politics/39Blair-deal-linked-to-Megrahi.5600107.jp
30.8.09 ‘Megrahi trade deal untrue – Straw’ BBC http://news.bbc.co.uk/1/hi/uk/8229193.stm
E. Pykett 5.9.09 ‘Oil behind Megrahi deal, admits Straw’ The Scotsman http://thescotsman.scotsman.com/latestnews/Oil-behind-Megrahi-deal-admits.5620546.jp
D. Maddox 4.9.09 ‘SNP accused of Qatar trade talks deal to free Megrahi’ The Scotsman http://news.scotsman.com/politics/SNP-accused-of--Qatar.5617643.jp
J. Allardyce 13.9.09 ‘Tony Blair linked to arms trade with Libya’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6832402.ece
T. Peterkin 16.9.09 ‘New Megrahi questions as NHS to train Libyan doctors’ The Scotsman http://news.scotsman.com/politics/New-Megrahi-questions-as-NHS.5649461.jp
A. Porter 27.8.09 ‘Four Labour ministers met Libyans before bomber's release’ The Times http://www.telegraph.co.uk/news/newstopics/politics/6094986/Four-Labour-ministers-met-Libyans-before-bombers-release.html
P. Riddell 28.8.09 ‘Times poll: 61% think al-Megrahi release was about oil, not compassion’ The Times http://www.timesonline.co.uk/tol/news/politics/article6812859.ece
[xiii] 24.8.09 ‘Lockerbie move 'not terror boost'’ BBC News http://news.bbc.co.uk/1/hi/uk_politics/8218060.stm
L. Davidson 31.8.09 ‘Terror backlash’ claim undermines MacAskill’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6815755.ece
24.8.09 ‘Lockerbie move 'not terror boost'’ BBC News http://news.bbc.co.uk/1/hi/uk_politics/8218060.stm
[xiv] J. Allardyce 23.8.09 ‘Kenny MacAskill: no stranger to controversy’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6806577.ece
20.8.09 ‘Justice secretary who has faced barrage of 'soft touch' accusations’ The Scotsman http://news.scotsman.com/politics/Justice-secretary-who-has-faced.5571098.jp
L. Davidson 21.8.09 ‘Nerves show as Kenny MacAskill faces the world’s media; The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6804620.ece
[xv] T. Peterkin 6.8.09 ‘Appointment with the Lockerbie bomber’ he Scotsman http://news.scotsman.com/politics/Appointment-with--the-Lockerbie.5528011.jp
R. Lydall 13.7.09 ‘MacAskill to meet Lockerbie bomber over jail transfer’ The Scotsman http://news.scotsman.com/politics/MacAskill-to-meet-Lockerbie-bomber.5452138.jp
p
A. Macloed 27.8.09 ‘MacAskill prison visit absurd, says Lord Fraser’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6811593.ece
[xvi] A. Macleod and M. Linklater 28.8.09 ‘New row over 'non-expert' cancer diagnosis of Lockerbie bomber al-Megrahi’ The Times http://www.timesonline.co.uk/tol/news/uk/article6812427.ece
[xvii] A. Macleod 26.8.09 ‘Strathclyde Police 'could have protected Lockerbie bomber in Scotland'’ The Times http://www.timesonline.co.uk/tol/news/uk/article6809976.ece
27.8.09 ‘Plans drawn up if bomber stayed here after release’ The Scotsman http://news.scotsman.com/politics/Plans--drawn-up-if.5592393.jp
A. Macleod 27.8.09 ‘SNP accused of interfering with police independence’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6811590.ece
[xviii] C. Sweeney 23.8.09 ‘Alex Salmond hits back after FBI chief attacks Lockerbie bomber release’ The Times http://www.timesonline.co.uk/tol/news/uk/article6806871.ece
23.8.09 ‘Salmond backs decision to release Lockerbie bomber’ The Scotsman http://news.scotsman.com/politics/Salmond-backs-decision-to-release.5579882.jp
24.8.09 ‘FBI chief's attack 'out of order'’ BBC http://news.bbc.co.uk/1/hi/scotland/8217891.stm
[xix] N. Watt 1.9.09 ‘No 10 to publish 'all relevant' Lockerbie correspondence with MacAskill’ The Guardian http://www.guardian.co.uk/world/2009/aug/31/libya-gaddafi-plot-yvonne-fletcher
D. Maddox 25.8.09 ‘Holyrood seeks to reveal all documents over release’ The Scotsman http://news.scotsman.com/politics/Holyrood-seeks-to-reveal-all.5583553.jp
B. Currie 25.8.09 ‘Megrahi visit details to go public’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527433.0.Megrahi_visit_details_to_go_public.php
[xx] C. Watt 25.8.09 ‘Lockerbie families round on US critics’ The herald http://www.theherald.co.uk/politics/news/display.var.2527200.0.Lockerbie_families_round_on_US_critics.php
30.8.09 ‘Mandela backs Lockerbie decision’ BBC http://news.bbc.co.uk/1/hi/scotland/8229338.stm
C. Baillie 31.8.09 ‘Bomber's release gets Mandela's backing’ The Scotsman http://news.scotsman.com/politics/Bomber39s-release-gets-Mandela39s-backing.5601888.jp
I. Macwhirter 24.8.09 ‘MacAskill followed the letter of the law’ The Guardian http://www.guardian.co.uk/commentisfree/2009/aug/24/megrahi-kenny-macaskill-scotland
D. Maddox 26.8.09 ‘Churches call for free vote on release row’ The Scotsman http://news.scotsman.com/politics/Churches-call-for-free-vote.5587106.jp
25.8.09 ‘John Curtice: Labour has to be careful in its attacks on the SNP – after all, its hands are not wholly clean’ The Independent http://www.independent.co.uk/opinion/commentators/john-curtice-labour-has-to-be-careful-in-its-attacks-on-the-snp-ndash-after-all-its-hands-are-not-wholly-clean-1776771.html
25.8.09 ‘Berlusconi defies his critics to visit Gaddafi for independence day’ The Times http://www.timesonline.co.uk/tol/news/world/middle_east/article6808600.ece
B. Currie 25.8.09 ‘Archbishop: MacAskill decision was sign of strength’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527199.0.Archbishop_MacAskill_decision_was_sign_of_strength.php
25.8.09 ‘Lockerbie case: When mercy is messy’ The Guardian http://www.guardian.co.uk/commentisfree/2009/aug/25/lockerbie-release-macaskill-scotland
23.8.09 ‘A question of human rights’ The Herald http://www.sundayherald.com/news/heraldnews/display.var.2526965.0.0.php
30.8.09 ‘MacAskill's crime wasn't to release a murderer but to disobey America’ The Herald http://www.sundayherald.com/oped/opinion/display.var.2528200.0.0.php
29.8.09 ‘Letter urges Clinton to show respect for people of Lockerbie’ The Scotsman http://news.scotsman.com/politics/Letter-urges-Clinton-to-show.5600122.jp
[xxi] 21.8.09 ‘David Maddox: Hero's welcome is nightmare for SNP’ The Scotsman http://news.scotsman.com/politics/David-Maddox-Hero39s-welcome-is.5575785.jp
20.8.09 ‘Lockerbie: Bomber Al Megrahi flies home to Libya’ The Scotsman http://news.scotsman.com/politics/Lockerbie-Bomber-Al-Megrahi-flies.5574608.jp
J. Chapman and I. Drury 22.8.09 ‘Gaddafi embraces Lockerbie bomber and thanks his 'courageous friend' Gordon Brown for releasing him’ the Dailymail http://www.dailymail.co.uk/news/article-1208001/Heros-welcome-Lockerbie-bomber-Megrahi-slaughtered-270.html
J. Cusick 22.8.09 ‘Brown backtracks on threat over hero's welcome for bomber’ The Herald http://www.sundayherald.com/news/heraldnews/display.var.2526952.0.0.php
25.8.09 ‘Libya broke promise not to celebrate Lockerbie release, says Kenny MacAskill’ The Times http://www.timesonline.co.uk/tol/news/politics/article6808618.ece
25.8.09 ‘PM 'repulsed' at bomber welcome’ BBC http://news.bbc.co.uk/1/hi/uk_politics/8219960.stm
J. Cusick 22.8.09 ‘Brown backtracks on threat over hero's welcome for bomber’ The Herrald http://www.sundayherald.com/news/heraldnews/display.var.2526952.0.0.php
A. Porter 24.8.09 ‘Lockerbie bomber: Libya broke promise over hero's welcome, says Scottish justice minister’ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/6081949/Lockerbie-bomber-Libya-broke-promise-over-heros-welcome-says-Scottish-justice-minister.html
[xxii] 20.8.09 ‘Lockerbie: Hillary Clinton condemns release of Al Megrahi’ The Scotsman http://news.scotsman.com/politics/Lockerbie-Hillary-Clinton-condemns-release.5574441.jp
20.8.09 ‘Lockerbie: Conservative leader David Cameron condemns release of Lockerbie bomber’ The Scotsman http://news.scotsman.com/politics/Lockerbie-Conservative-leader-David-Cameron.5573916.jp
J. Booth 20.8.09 ‘Obama says release of Lockerbie bomber Abdul Baset Ali al-Megrahi is 'a mistake'’ The Times http://www.timesonline.co.uk/tol/news/uk/article6804000.ece
M. Linklater 21.8.09 ‘Devolution has been damaged by this act of leniency’ he Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6804600.ece
23.8.09 ‘Lockerbie bomber: Robert Mueller's letter to Kenny MacAskill’ The Times http://www.timesonline.co.uk/tol/news/uk/article6806873.ece
G. Warner 25.8.09 ‘Nice one, Kenny MacAskill... now they're all angry with us Scots’ The Telegraph http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/6085136/Nice-one-Kenny-MacAskill...-now-theyre-all-angry-with-us-Scots.html
B. Currie 25.8.09 ‘Only the French have faced so much US wrath’ The Herald http://www.theherald.co.uk/politics/news/display.var.2527197.0.Only_the_French_have_faced_so_much_US_wrath.php
P. Hutcheon, Tom, Gordon and J. Cusick 22.8.09 ‘America's rage’ The Herald http://www.sundayherald.com/news/heraldnews/display.var.2526953.0.0.php
I. Stelzer 25.8.09 ‘Lockerbie bomber: A grievous blow to the Special Relationship’ The Telegraph http://www.telegraph.co.uk/comment/6089636/Lockerbie-bomber-A-grievous-blow-to-the-Special-Relationship.html
27.8.09 ‘Most Scots say MacAskill wrong on bomber release’ The Scotsman http://news.scotsman.com/politics/Most-Scots-say-MacAskill-wrong.5593304.jp
29.8.09 ‘US anger at failure to discuss release plans’ The Scotsman http://news.scotsman.com/politics/US-anger-at-failure-to.5600133.jp
M. Savage 1.9.09 ‘MPs to look at effect of Megrahi release on relations with US’ The Independent http://www.independent.co.uk/news/uk/politics/mps-to-look-at-effect-of-megrahi-release-on-relations-with-us-1779869.html
R. Winnett 15.9.09 ‘Government 'sold its soul' over Libya trade deals, claim police’ The Telegraph http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/6190229/Government-sold-its-soul-over-Libya-trade-deals-claim-poilce.html
P. Reynolds 24.8.09 ‘Britain facing Lockerbie backlash’ BBC http://news.bbc.co.uk/1/hi/uk/8218299.stm
22.8.09 ‘America's rage’ the Herald http://www.sundayherald.com/news/heraldnews/display.var.2526953.0.0.php
D. Maddox 29.8.09 ‘Three in five Scots oppose Megrahi's release’ The Scotsman http://news.scotsman.com/politics/Three-in-five-Scots-oppose.5600092.jp
[xxiii] 24.8.09 ‘Senator wants bank bailout cash returned in bomber release row’ The Scotsman http://news.scotsman.com/politics/Senator-wants-bank-bailout-cash.5580411.jp
C. Sweeney 24.8.09 ‘Website urges Americans to boycott Scotland over Lockerbie bomber release’ The Times http://www.timesonline.co.uk/tol/news/uk/scotland/article6807288.ece
24.8.09 ‘Boycott calls over bomber release’ BBC http://news.bbc.co.uk/1/hi/scotland/8217857.stm
[xxiv] 22.9.09 ‘US 'moves on' after Megrahi release anger’ The Scotsman http://news.scotsman.com/scotland/US-39moves-on39-after-.5667206.jp
C. Watt 21.9.09 ‘US calls a truce in row over Megrahi release’ The Herald https://mail.abdn.ac.uk/owa/redir.aspx?C=a9b75d27dd8644ea98f1b9c5c375226f&URL=http%3a%2f%2fwww.heraldscotland.com%2fnews%2fhome-news%2fus-calls-a-truce-in-row-over-megrahi-release-1.921385

Thursday, 18 June 2009

Scotland Ten Years On

For those people at the excellent Scotland Ten Years On conference held at the GCU in June 2009 - I promised that I would put my paper entitled 'The Scottish Devolution Monitoring Report Ten Years On' on this blog. Of course, that was before I realised that I was trying to write a book-length paper! So the more sensible thing is to write a book and by that time it will be Scotland More-Than Ten Years On. In the meantime, I will put bits and pieces on the blog (hopefully before APSA in September) but I am still combing through the reports .....

Monday, 15 June 2009

The Calman Commission Report on Scottish Devolution

Commission on Scottish Devolution (2009) Serving Scotland Better: Scotland and the United Kingdom in the 21st Century

Summary Discussion
Given its limited remit (to a discussion of improving devolution within the Union) and the tone of its interim report, the final report of the Calman Commission remit is surprisingly ambitious. Its recommendations on finance, the further devolution of powers, intergovernmental relations and the role of the Scottish Parliament are substantive, providing the potential for further changes in the future. Most interesting for me is how compatible these recommendations are with SNP Government policy. While most attention may focus on the proposal to make the Scottish Parliament more accountable for income taxation (in a form unlikely to be welcomed by the SNP), it is striking just how much of the report is consistent with SNP aims. This includes the call for more formal intergovernmental relations (in part through the enhanced role of the Joint Ministerial Committees), the call to devolve responsibility for Scottish Parliament elections, airgun and drink-driving regulations; and the recommendation that the UK Government becomes more supportive of Scottish Government aims by accommodating devolved policies with knock-on effects for housing and council tax benefits (such as the local income tax?) and allowing the Scottish Government to use Prudential borrowing (i.e. on the basis of their ability to repay debt) for capital projects (which may make it easier to fund the Forth Road bridge in a way that is more acceptable to the SNP than PFI).

Detailed Discussion
The Calman Commission’s final report was published on June 15th. While most headlines will be reserved for its substantial recommendations on fiscal autonomy and the further devolution of powers, there are also some interesting recommendations to improve intergovernmental relations (IGR) and the legislative process of the Scottish Parliament. The main thrust of the report is that the constitutional side of devolution has been a success but that change can improve the settlement. Of course, the proposed level of change falls short of any prospect for independence because the report was established by the SNP’s opposition parties – Labour, Conservative, Liberal Democrat – and the UK Government to provide competition for the National Conversation.

Fiscal Autonomy
The most significant change can be found in its recommendations regarding the funding settlement. It argues that it would be difficult to maintain the Union if the UK Government granted full fiscal autonomy to Scotland. Therefore, macro-economic policy must remain reserved. While this is a defendable unionist position, it presents considerable problems when formulating further fiscal powers. The report also notes the limitations that it faces when making recommendations on the Barnett formula. Overall, we have a half-way house between fiscal dependence and autonomy (there should also be a common sense of social citizenship and minimum welfare rights, but only when the UK and Scottish Parliaments agree their scope). Barnett has the advantage of providing stability during devolution’s first decade and should be maintained, but only until the UK Government commissions a needs assessment to determine a more equitable system of funding. There should also be more accountability for money spent in Scotland. Therefore, there should be a devolution of economic powers when differences would not undermine overall macroeconomic policy (in part because they largely affect local populations, with relatively little prospect of exit) – the Stamp Duty on property transactions, the Aggregates Levy, Landfill Tax and Air Passenger Duty. More importantly, the Scottish Parliament should be obliged to make a positive and more visible decision about its level of taxation in relation to the UK rather than benefiting from the relatively hidden status quo position in which it accepts the same levels by not using the tartan tax. Calman therefore recommends reducing UK income tax in Scotland by 10p in the pound (for the lower and higher income tax thresholds, with no ability to tax on one but not the other) and reducing Scotland’s grant accordingly, meaning that Scottish Parliament would have to set the Scottish rate at 10p to stay the same as the UK. However, the Scottish Government will not be able to make the bigger decisions about the mix of tax bands or the overall structure of taxes set at the UK level. Therefore, this is effectively the introduction of a greater appearance of accountability but primarily for assigned revenues (this is to be extended to a notional share of income tax on savings, to remove the administrative burden of identifying Scottish savers). There is also not a full link between accountability and economic policy in part because there is still a limited incentive for the Scottish Government to increase its own tax revenue by using economic levers to foster growth. There is also a limited ability to compete to attract businesses or individuals through the modification of taxes. Overall, the measures may open up the old north/ south debate on UK macro-economic policy. While Scotland’s GDP per capita is higher than most English regions, it is significantly lower than the south-east of England which brings overall English GDP per capita to a level higher than in Scotland. Therefore, the 10p tax rate in Scotland is likely to produce a slightly smaller overall level of revenue, perhaps prompting the SNP to wonder why it should be accountable for the tax when it can not influence its determinants fully.

On the other hand, the recommendations may mark the beginnings of a substantive shift in fiscal arrangements since the 10p would be based on identified rather than notional Scottish incomes and, for the first time, the HMRC would be obliged to work on behalf of Scottish ministers in collecting devolved taxes (Scottish Ministers should also be consulted on appointments of HMRC Commissioners). This comes on top of three further recommendations:

1. To keep benefits such as housing/ council tax reserved but give much more scope for Scottish Ministers to amend their use when developing their own policies. This may be seen as an argument that UK government should not only not interfere in issues such as the local income tax, but also that the UK Government and HMRC should do all they can to minimise the unintended consequences by cooperating on effects on benefits (although note its very clear recommendation to keep Attendance Allowance reserved as a gateway to other reserved entitlements),
2. To allow the Scottish Government, like local authorities, to borrow on a Prudential basis (i.e. based on its capacity to repay debt) through the National Loans Fund or Public Works Loans Board. This system would perhaps allow the Scottish Government to fund the Forth Road Bridge in a more straightforward way.
3. To consider further tax devolution – on VAT and a share of fuel duty – when these recommendations have ‘bedded in’. This suggests that, again, the recommendations do not mark the end of the Scottish ‘settlement’.

Devolved and Reserved Powers
Perhaps the most interesting aspect of the report’s recommendations on devolved powers is that it has not avoided issues that could be embarrassing to its UK Government sponsor and advantageous to the SNP Government’s agenda. This includes a recommendation to devolve responsibility of the Scottish Parliament elections to the Scottish Parliament (following SNP criticism of the role of the Secretary of State in the ballot paper fiasco), allow Scottish ministers to appoint the Scottish member of BBC Trust (although this falls far short of SNP calls for Scottish-specific broadcasting), devolve airgun regulation (an SNP demand which it partly inherited from the previous Scottish Executive) and drink-driving limits (in the context of SNP criticism of UK limits when promoting its overall, divergent, alcohol strategy). It also recommends devolving responsibility for the national speed limits, animal health funding, marine nature conservation (note that the issue of marine control has divided the UK and Scottish governments for some time), the Deprived Areas fund, discretionary elements of the reformed Social Fund and the prescribing of controlled drugs (e.g. heroin) to treat addiction (perhaps signalling, incidentally, a position on the balance between the medical and criminal treatment of illegal drug use).

The report recommends that many issues – such as charity law and regulation, food labelling and regulation, the regulation of all health professions and the UK Insolvency service - should remain reserved to preserve sensible administrative arrangements and levels of policy uniformity. In other cases, it merely calls for better working arrangements to solve problems associated with devolved and reserved policy interaction or problems associated with the implementation of reserved issues in Scotland, including: the operation of the Health and Safety Executive; the scope for local variations in immigration law implementation; the issue of the wellbeing of children of asylum seekers; Welfare to work; and, the operation of Crown Estate. It strongly recommends that the UK Government maintains the principle of UK-wide Research Councils (which allow Scottish Universities to ‘punch above their weight’ and remain part of a wider pool of scientific funding) but also establish comparable ‘government-funded’ status for particular Scottish research institutions. Perhaps of most note is the absence of a recommendation to change the constitutional settlement regarding nuclear power. This may in part follow the UK Government’s acceptance of a Scottish veto on new nuclear power stations. It also follows a broader recommendation to accept that there will always be issues regarding devolved/ reserved boundaries and that there should be resolved through better intergovernmental relations.

Intergovernmental Relations
The report is critical of the informality of intergovernmental relations (IGR) between the Scottish and UK Governments and it makes recommendations for ministers, civil servants and the Parliaments. First, it argues that the joint Ministerial Committee should become a body to foster close working and cooperation relationships (perhaps like the JMC Europe) rather than just dispute resolution. The JMC (Domestic) should meet at least annually, as should a new JMC Finance (to discuss macro-economic policy as well as taxation); and a JMCO (for senior officials). The JMC agendas should be published in advance to parliaments (and there should be an annual report). The JMC Europe should foster earlier and more engagement between Scotland and UK, with Scottish Ministers to be automatically part of UK delegation and to speak more on agreed UK line. There should also be a greater expectation that Scottish MEPs attend Scottish Parliament committees. Second, it argues that there should be more training for UK civil servants to improve their knowledge of devolution and that the civil service code should be amended to ensure cooperation and mutual respect.

Third, although it suggests that the Sewel convention, in which Westminster will not normally legislate on devolved matter unless given permission by the Scottish Parliament, has been respected and works well, it must be used better to foster meaningful links between Parliaments (Sewel, or legislative consent, motions are primarily addressed through executives). The report makes a wide range of recommendations in this regard: the Sewel convention should be entrenched in standing orders of each house; there should be more parliamentary cooperation and discussion – perhaps by each passing motions for the other’s attention; Westminster should debate devolved implications and establish a regular “state of Scotland” debate; a ‘standing joint liaison committee of the UK Parliament and Scottish Parliament should be established to oversee relations’; barriers to sharing information and inviting each other to committee meetings should be removed; the Secretary of State for Scotland should appear annually to a convenors’ (committee chairs’) group of the Scottish Parliament and in plenary to report on the devolved implications of the Queen’s speech; the First Minister should appear at Scottish Affairs Committee once per year generally and once per year to discuss how its legislation interacts with reserved matters; there should be Scottish MPs on any UK legislation that uses a substantive Sewel motion, followed by the potential for Scottish Parliament committees to invite the MPs to discuss their implications; and Scottish Parliament and Westminster committees should be given an answer on legislation as they would to their own committees. Further, Calman suggests that there should be a Westminster equivalent to the Sewel motion: ‘A new legislative procedure should be established to allow the Scottish Parliament to seek the consent of the UK Parliament to legislate in reserved areas where there is an interaction with the exercise of devolved powers’.

Scottish Parliament recommendations
Finally, Calman makes some recommendations to improve the scrutiny role of the Scottish Parliament. To deal with the lack of a second chamber and the relative finality of its stage 3 legislative process, it recommends giving the power to the Presiding Officer to refer novel, substantive amendments at stage 3 back to committee before bill is passed (to give MSPs and stakeholders chance to look at implications). Or, an amendment to proceed to stage 4 can be proposed by MSPs. It also recommends that committees seek to minimise their MSP turnover (although this is still largely the decision of the parties themselves) and that committees should be able to decide themselves when to create sub-committees to deal with scrutiny overload.

Friday, 5 June 2009

As predicted in this blog (and, no doubt, many other places), the expenses scandal in Westminster has prompted the Scottish Parliament to review its own practices (see http://news.bbc.co.uk/2/hi/uk_news/scotland/8085832.stm). Although the Scottish Parliament has resolved most of the issues facing Westminster, its corporate body is clearly keen to make sure that its reforms stand up to independent scrutiny and that the public can make the distinction between the expenses claimed by MPs and MSPs.