This paper is issued alongside the Scotland Bill (Bill 115, ISBN 9780215557414, and its associated explanatory notes, Bill 115-EN, ISBN 9780215546548) which implements the changes to legislation recommended in the final report of the Commission on Scottish Devolution (chairman Sir Kenneth Calman) - "Serving Scotland better: Scotland and the United Kingdom in the 21st Century" (available at http://www.scotlandoffice.gov.uk/scotlandoffice/files/Calman%20report.pdf). The Commission's central view was that Scotland should be responsible for raising more of its revenue, and the Government proposes a transfer of fiscal power so that the Scottish Parliament will have powers to raise some 35 per cent of its own budget (the current level is 15 per cent). Proposals include: a Scottish income tax to replace part of the UK income tax; the devolution of land tax and landfill tax; the power to create of devolve other taxes to the Scottish Parliament; extensive new borrowing powers; a Scottish cash reserve to manage fluctuations around devolved tax receipts; a seat for Scottish ministers on a new UK-Scottish tax committee. This paper also outlines the Government's response in other policy areas: strengthening relations between Parliaments and Governments; improving the constitutional framework; administration of elections; policing and justice; health and public safety; business, corporate affairs and academic research; environment and rural affairs; social security and welfare reform; charities; the Scottish Government; and technical amendments to the Scotland Act 1998.
Dated April 2012. Summary of responses to Cm. 8203 (ISBN 9780101820325) which sought views on how to deliver a legal, fair and decisive referendum on whether Scotland should leave the United Kingdom
This paper analyses the UK's approach to identifying and managing threats to the national security of the UK, and the implications for these arrangements of a vote for independence. It complements analysis of the UK's approach to defence explored elsewhere in the Scotland analysis series. It is clearly in the UK's interests to be surrounded by secure and resilient neighbouring countries, including - in the event of a yes vote - an independent Scottish state. While the UK endeavours to work with other countries and international organisations to improve security and fight organised crime for everyone's mutual benefit there is something qualitatively different about being influential and intimately connected with the rest of the UK by being a part of it. Issues of national security are of the utmost sensitivity, linked to a country's foreign, security and defence policy posture, and any decisions are closely related to matters of sovereignty and democratic accountability. For this reason, a security union is closely connected to the existence of a political union. The creation of an independent Scottish state would see an end to the current arrangements for ensuring Scotland's security, as Scotland, including Police Scotland, would no longer be part of the UK's national security infrastructure and capabilities. In practical terms this means that the present level of strategic and operational communication and co-ordination that occurs everyday across the UK, with Scotland playing a key role within it - whether concerned with counter-terrorism, fighting serious and organised crime or protecting against cyber threats - would end
The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.
This report examines the arrangements in place for communication between the UK Government and Scottish Executive, particularly when the UK Government formulates international policy which will specifically affect Scottish interests and devolved matters. Generally there are effective channels of communication at both ministerial and official level between the two governments. Whitehall tends to overlook the Scottish angle of policy and legislation more often in those departments which are unfamiliar with devolved matters. We recommend that the Government ensures that each department has a devolution champion to ensure that there is a good level of awareness of devolution issues. The revival of the Joint Ministerial Committee should provide an important forum for discussion between Ministers of the UK Government and devolved administrations. However, there is little opportunity for parliamentary scrutiny of the outcomes and effectiveness of the Committee's meetings. The report welcomes the publication of the new Protocol for Avoidance and Resolution of Disputes as the 2001 Memorandum of Understanding did not provide adequate guidance on how disputes between the UK and Scotland should be resolved. This was demonstrated during the communications between the governments on the UK's negotiations with Libya on the Prisoner Transfer Agreement. Both Governments should display the necessary political will to ensure that both understand each other's point of view and demonstrate the mutual respect which should characterise all their dealings.
The Committee's report considers two key issues: the maintenance of a universal service and the continuation of a sustainable Post Office network across Scotland. The report welcomes assurances that Scotland would not be made exempt from the universal service obligation. Further clarification is needed on Ofcom's power to designate more than one universal service provider. Ofcom should be required to consult with consumers, small businesses and vulnerable users in remote, rural and island communities in Scotland before it recommends any changes to the existing USO. There are considerable advantages to a long, stable and robust relationship between Royal Mail Group and Post Office Ltd and the Committee recommends that a ten year Inter Business Agreement should be reached prior to any sale of Royal Mail. On the Post Office network, the Bill makes no provision for the number of Post Offices and does not set out criteria for access to the network, a matter of concern because the current criteria could be met by 7,500 branches rather than the existing 11,500 branches. This could lead to many closures in Scotland. The Committee recommends that the Government gives assurances to preserving the existing network of branches. Elements of Outreach Post Offices, which replaced 102 Post Office branches in rural and remote parts of Scotland, are not sufficiently robust or reliable to provide an adequate service, according to the Committee, and it fears the new Post Office Local risks downgrading the service further. Improvements should be delivered as a matter of urgency.
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