Proposals for the Devolution of Further Powers to Scotland

Book excerpt: The Smith Commission's recommendations for the further devolution of powers to Scotland would significantly change Scotland's devolution settlement, adding greater complexity to the relationship between the UK and Scottish Governments. This report considers the Government's proposals for implementing the Smith Commission's recommendations, set out in the Command Paper "Scotland in the United Kingdom: An enduring settlement". The Committee considers the process by which these proposals were produced, and then examines their implications for the constitution of the UK as a whole. The Smith Commission was given only two months to produce its recommendations, and took less than four weeks to produce its proposals once the closing date for public submissions was reached on 31 October 2014. This is not to criticise Lord Smith of Kelvin, nor the members of the Smith Commission, who worked effectively to a tight timetable. Its recommendations are, however, necessarily the result of a short process, with minimal time for consultation and for engagement with the UK and Scottish parliaments. Yet the leaders of the three main UK-wide political parties agreed to implement the recommendations of the Smith Commission in advance of its first meeting. The Committee are deeply concerned that this agreement has pre-empted any possibility of meaningful consultation and discussion on the merits of the proposals with either the Scottish or UK Parliament, or indeed with citizens and civil society both in Scotland and across the UK. In particular, it restricts the capacity of the UK Parliament to contribute to the development of these proposals. Nor does the Smith Commission process meet the standards expected for the production of proposals for significant constitutional change.