Part I: The Scottish Parliament

The turnout was 58%.

The Scottish Parliament has duly assembled and began work on 12 May 1999.  Many of its workingpractices had been considered in a Reportof the Consultative Steering Group on the Scottish Parliament in theScottish Office in late 1998.  See the ScottishParliament web-site for information about

• its proposed new building at Holyrood (but see these pictures for its existing,temporary building near the Royal Castle: Chamber#1, Chamber #2, Building#1, Building #2.
• the parliamentary calendar and a business timetable
• legislative processes and committee business and questions

• Audit
• Education Culture and Sport
• Enterprise and Lifelong Learning
• Equal Opportunities
• European
• Finance
• Health and Community Care
• Justice and Home Affairs
• Local Government Rural Affairs
• Procedures
• Public Petitions
• Social Inclusion, Housing and Voluntary Sector
• Standards
• Subordinate Legislation
• Transport and the Environment

The relationships between the Scottish Administration and the institutionsof government in London have been worked out through A Memorandum of Understanding and "Concordats"(See Cm.4444, 1999). The Memorandum of Understanding sets up a Joint Ministerial Committee, consisting of UK Ministers (who are also supposed to represent England) and Ministers from the devolved bodies. The meetings are confidential.The Concordats deal with the coordination of European Union policy, financial assistance to industry, international relations and the provision of informationto the centre. There are also bilateral concordats between the respectivegovernmental departments in London and Edinburgh. These are significantdocuments but have not been debated in the UK Parliament, nor is thereany statutory basis for them.
 

Other matters

The continuing role of the Secretary of Statewas considered by the Scottish Affairs Committee of the Westminster Parliament.It supported the continuance of Secretary of State in the UK Cabinet (Theoperation of multilayer democracy, 1998-99 HC 460, para.71). It also concludedthat the "West Lothian" question is more likely to be solved by practicalworking relations than by legislation (para.53).

One aspect of the devolution scheme has given rise to litigation, andthat is compliance with the European Convention on Human Rights. The EuropeanConvention partially came into force in Scotland on 20 May 1999 by virtueof sections 29 and 57 of the Scotland Act 1998. Section 29 affects thelegislative competence of the Scottish Parliament:

"(1) An Act of the Scottish Parliament is not law so far as any provisionof the Act is outside the legislative competence of the Parliament.

(2) A provision is outside that competence so far as ... (d) it is incompatiblewith any of the Convention rights or with Community law..."

Section 57(2) applies to executive competence:

"A member of the Scottish Executive has no power to make any subordinatelegislation, or to do any other act, so far as the legislation or act isincompatible with any of the Convention rights or with Community law."

The effect is that executive officers in Scotland who are transacting business within their devolved competence must comply with the Convention.Given the extensive responsibilities of the Lord Advocate, this section allows most aspects of criminal process and law to be challenged (including police practices, prosecutions, justice policy, the constitution of courts,and laws of crime, evidence and procedure). Challenges to civil laws and processes have less well-publicised, but several examples have emerged.
 

The Assembly

The turnout was just 40%.  For further details on the National Assembly for Wales, see its web-site.  Amongst the matters to note are:

• the first meeting was on the 12 May 1999 but the formal start was 1 July1999.
• committees: "Assembly members from all parties are able to voice their opinions as to how each subject area should be dealt with by the executive. They do this mostly through Subject Committees (the following have existedor still exist: Agriculture, Economic Development, Education, Environment/Planning/Transport,European Affairs, Finance, Health and Social Services, Local Governmentand Housing, Industry), which develop policies and examine what the Assemblydoes. Members are elected to serve on the Subject Committees so that the balance of political groups in the Assembly is reflected, as far as practicable,in the membership of each committee Regional Committees represent the needsand interests of their localities and they convey issues of local concernto the full Assembly and to the Subject Committees. There are four RegionalCommittees, which are made up of members from the relevant constituencyand electoral region."
• There is also a Legislation Committee. "The role of the Legislation Committeeis to check that the legislation coming before the Assembly is not defectiveand that any relevant requirements have been complied with. The NationalAssembly Advisory Group saw the effective working of the Legislation Committeeas an important benefit which the Assembly will bring to the governanceof Wales, as well as giving confidence in the competence and quality oflegislation emanating from the Assembly."
• plenary meetings involve oral questions to the First Secretary and other Secretaries, and to debates.
• around 100 statutory instruments were passed by the Assembly in its first year - most areconcerned with education
• the Assembly has published in May 2000 a strategic plan, Better Wales, which sets out guiding themes for the Assembly until 2003- sustainable development, tackling social disadvantage and equal opportunities.

Executive Committee

The initial Assembly First Secretary was Alun Michael, who was previously Welsh Secretary of State. Labour has no overall majority in the Assembly but is the largest party and has decided to proceed without any coalition orpact. Alan Michael became unpopular - he was seen as very much thecipher of London and therefore unable to secure adequate funding from theTreasury for Wales (a particular problem arose over matching funding inconnection with European Union grants). He therefore resigned from officeon 9 February 2000 ahead of a vote of no confidence (which went ahead andwas carried by 31 votes to 27) and was replaced by Rhodri Morgan, another member of the Labour Party, who took office with the informal consent of the Liberal Party.

After March 2000, the minutes of Cabinet meetings have been published.

As with Scotland, relations with the UK government have been dealt withby A Memorandum of Understanding and "Concordats"
 

Other matters

The continuing role of the Secretary of State remains a matter for evolution. The White Paper always envisaged that there would still be such an office (paras.1.16-1.21). Non-statutory "concordats"are supposed to be worked out in due course. In the meantime the Welsh Affairs Committee of the Westminster Parliament has emphasised the need for a Secretary of State in the UK Cabinet (The impact of the Government's devolution proposals on economic development and local government in Wales,1998-99 HC 325, para.93).  According to the Assembly's web-site:
"As a Cabinet member, the Secretary of State:
 

•  ensures that the interests and needs of Walesare fully considered in policy formation within the UK Government
•   is charged with making devolution work smoothly through the membership of the joint Ministerial Committee between the UKGovernment and the devolved administrations
•  is responsible for taking through Parliament provisions in primary legislation which relate particularly to Wales.

•   transfer the Welsh budget from the Treasury to the Assembly
•  consult and debate the Government’s legislative programme with the Assembly
•   participate in plenary sessions of the Assembly but not to vote."