The Scottish Parliament Starter Task Explain the difference

The Scottish Parliament Starter Task • Explain the difference between the Scottish Parliament and the Scottish Government. • Which type of government would be better for Scotland: majority, minority of coalition government? Why?

Today we will… • Explain the structure of the Scottish Parliament. • Outline the work of the Scottish Government

Success Criteria • I will explain the structure of the Scottish Parliament • I will be able to outline the work of the Scottish Government

Structure of the Parliament • 129 MSPs: 73 Constituency MSPs + 56 Regional MSPs Current Composition of Parliament SNP- 62 Scottish Conservatives-31 Scottish Labour - 23 Scottish Greens – 6 Scottish Liberal Democrats - 5 Independent – 1 Presiding Officer – 1 (the Presiding Officer must give up any Party Affiliation whilst in post)

The work of an MSP The main and most important role of all MSPs is to represent their constituents. They will carry out a variety of duties, both in their local areas and within the Parliament in order to do this. It is worth remembering that whilst MSPs earn a relatively high wage (£ 62, 149 for ordinary MSPs – more for those will official roles), they are frontline PUBLIC SERVANTS. Every MSP must juggle a complex set of responsibilities including representing their constituents, adhering to their political party’s wishes, possible ministerial responsibilities or in-depth committee work and high levels of public scrutiny.

First Minister Questions Voting on Bills Minister Questions Representing the people of Scotland Debate Current Issues Committee Work

Day to Day in the Scottish Parliament The S. P will usually meet between Tuesdays and Thursdays. Each day follows a similar schedule with a variety of debates, “question times”, committee meetings and private meetings held. • First Minister’s Question Time (FMQs) takes place every Thursday at 12 pm for 45 minutes. • Decision Time occurs every day at 5 pm and is the period when most parliamentary votes will occur however, votes can occur at other times when necessary. Voting in the SP is electronic. • Committee meetings are held most mornings in the Parliament. Every MSP holds membership of a committee/s EXCEPT those who are government ministers. Parliamentary Business Bulletin

The Scottish Government • Led by the First Minister - head of the Scottish Government. • FM is the leader of the largest party/winning party following an election although technically voted for by MSPs following an election. • Current FM is Nicola Sturgeon. • Head of the Scottish Cabinet • First Minster chooses a cabinet of people called Ministers - each responsible for a particular area. Who’s who in the Scottish Cabinet?

Types of Government Majority Government- when one party gets over half the seats. SNP had 69 seats between 2011 -17. Majority Govs. can easily pass laws. Minority Government - A Party gains enough seats to form a government but needs to seek approval from other parties when passing laws. The CURRENT Scottish Gov is an SNP minority (62 MSPs). Coalition- two or more parties join to make the government. Together would have over half the seat. Labour/ Liberal Democrats did this in 1999 -2003 and 2003 -2007.

First Minister Questions Voting on Bills Minister Questions Representing the people of Scotland Debate Current Issues Committee Work

MSPs In Parliament • Debates - MSPs represent our views by taking part in debates in parliament. Debates can be about new legislation or about changes that MSPs want make to legislation. Debates take place in the Debating Chamber of the Scottish parliament, on Wednesday afternoons and Thursdays. For example, the Scottish Conservatives initiated a debate in September 2018 on national assessments for Primary 1 s. • Voting - MSPs take part in ‘decision time’. This is when they must vote ‘for’ or ‘against’ new laws that have been proposed or amendments. Each MSP has an electronic keypad on their table in the debating chamber and they simply press a button to vote. The results are often gathered within minutes. Example: voting on issues such as free prescriptions, minimum pricing on alcohol, removing the offensive behaviour at football act. MSPs vote with the interests of their constituents in mind.

MSPs In Parliament • First Minister’s Question Time (FMQT) - Leaders of the other parties, and some ‘ordinary’ MSPs have the opportunity to question the First Minister at First Minister’s Question Time. This happens once per week on Thursdays normally starting at 12 noon and can last for around 45 minutes. Opposing parties can use this as an opportunity to expose the shortcomings of the governing party and scrutinise the work of the government. For example, in September 2018 , Ruth Davidson MSP asked the FM about the decrease in the number of school subjects available to pupils in Scottish schools. Anas Sarwar of Labour also asked the FM about contaminated water at the Royal Hospital for Children in Glasgow in September 2018.

MSPs In Parliament • Members’ Bills - Each MSP is entitled to introduce 2 bills in each parliamentary session. Around 10% of bills passed are members’ bills. For example, in 2013 the now deceased independent MSP Margo Mc. Donald introduced the Assisted Suicide (Scotland) Bill in an attempt to legalise euthanasia in Scotland – this bill did not become a law. • On the other hand, in 2018 John Finnie (Green) introduced a Members’ Bill to make smacking children in Scotland illegal and this bill is expected to become law by 2019.

MSPs In Parliament • Committees - Committees are sometimes referred to as the ‘powerhouse’ of Parliament. In other words, this is where much of parliament’s work is completed. Committees meet every Tuesday and Wednesday morning and normally have between 5 – 15 MSPs. Committees take time to scrutinise legislation being discussed in parliament. • Committees can hear evidence from experts and ask Government ministers questions. Committees will have a particular subject that they focus on e. g. Health. For example, Ross Greer MSP is a member of the Education and Skills Committee and Shona Robison MSP is a member of the Justice Committee.

What pressures do MSPs face? • The short answer is…lots! • It is difficult for MSPs to please everyone all the time and so the job is far from easy. • Before we look at how effective MSPs are at scrutinizing the government it is important to consider what may influence their individual decisions in Parliament.

Who/What can pressure MSPs? Constituents Party Whips Pressures on MSPs Personal views and Opinions Political Parties

Constituents • The primary responsibility of MSPs is to represent constituents - they are after all the people who have elected each of the 129 MSPs. • When an MSP casts a vote in Parliament, asks questions of the government or takes part in investigative committee work, their primary concern SHOULD be the impact their decisions will have on the people in their local constituency/region. • If constituents are not happy with an MSP’s work during a Parliamentary session, they may vote for someone else at the next election. • For example, Des Mc. Nulty MSP (Labour) for Clydebank and Milngavie was defeated at the 2011 Scottish Parliament election by Gil Paterson (SNP).

Political Party • Most MSPs belong to a political party…currently 126 MSPs belong to one of the 6 political parties represented in the Scottish Parliament. • This means that their party selected them to be a candidate and so have backed them and funded them to help them gain their place in Parliament. • MSPs therefore have to keep their own party happy and are expected to vote along party lines. • Even if an MSP knows that a PARTY decision may not be in the best interests of their own constituents or local area, in some cases MSPs must vote with their party. • For example, in 2009 the Conservatives voted in a block to PASS the SNP’s Budget Bill because they had managed to achieve agreement on spending for small businesses despite the fact that many Conservatives did not agree with many other points in the budget.

Party Whips • The job of a party whip is to ensure that MSPs follow the party line. • Party whips have the power to put forward MSPs for promotions within their party and to take on greater public roles therefore, MSPs may be under pressure to vote with their party on an issue, even if they are going against the wishes of their constituents or their personal views. • A recent example of an MSP defying the party whip is Oliver Mundell MSP for Dumfriesshire who voted to ban fracking despite the Conservatives supporting the controversial energy process.

• Sometimes, however, too much pressure from the Party Whip can backfire. • In 2016, John Finnie MSP resigned from the SNP and eventually joined the Scottish Greens as he deeply opposed the SNPs decision to support NATO and seek NATO membership should Scotland become independent.

Personal Views • MSPs may have personal views or beliefs which influence how they vote • MSPs should disregard their personal views and vote according to the best interests of their constituents • This may be difficult for some MSPs who have strong religious, moral or political views which differ from their constituents or party • E. g. John Mason MSP who is in the SNP Party went against his party (and probably most of his constituents) by voting against the legalisation of gay marriage in 2013

Other Challenges… • Media – MSPs have to ensure that they, their constituency and their party get positive media attention. Also must avoid scandal which could harm their or their party’s reputation. The recent expenses scandal harmed the reputations of several MSPs including the Glasgow MSP Ann Mc. Taggart who spent £ 141 on books in just a month after being elected in May 2011. The titles included “Public Speaking and Presentation for Dummies” and “The Scottish Parliament: An Introduction”. • Pressure groups/Lobbying – decisions made by MSPs may be supported or opposed by influential pressure groups so MSPs must be wary. E. g. if MSPs make decisions which may have a negative environmental effect then they may face opposition from Greenpeace or other environmental groups.

Other Challenges… • Work-life balance – MSPs have to commute regularly between their constituency and the Parliament in Edinburgh which can be challenging, particularly for MSPs in remote parts of Scotland such as the Highlands and Islands. MSPs with families may find the job difficult as a result. A 2014 report suggests that in reality MSPs work up to 69 hours per week.

Task Read the news article on MSPs resigning from the blog. Using your notes from the past few days, answer the following questions in as much detail as possible. 1. Summarise the main tasks that MSPs undertake in Parliament. 2. Summarise the main tasks MSPS undertake in their constituencies/region. 3. Explain, in detail, the importance of ordinary MSPs in the decision-making process in Parliament. 4. Explain why party loyalty can sometimes be compromised. Refer to the SNP-NATO case study in your answer. 5. Do you think MSPs earn too much or too little money? Explain your answer in detail, taking into account the pressures that MSPs often face.

How effective are MSPs at scrutinising government? MSPs are responsible, on our behalf, of holding the government to account for its actions = SCRUTINISING the work of government. They have the right to question, query and challenge the work carried out by the Scottish Government to ensure that the people of Scotland are represented fairly and the best outcomes possible are achieved for the country as a whole. The EFFECTIVENESS of MSPs in doing this is often called into question.

Debates – Effective Scrutiny During parliamentary debates MSPs can highlight their constituents’ concerns and queries over government policy and conduct. Each debate provides the opportunity for the views of other political parties and the people of Scotland to be formally addressed in Parliament and for government to listen/respond. Debates are chance for MSPs to CRITICISE the government and its actions. KEY EXAMPLE: the recent debate over P 1 testing has lead to suggestions that the SNP government and current Education Secretary John Swinney are ignoring the will of the people of Scotland. Following the Conservative-led debate, all 5 opposition parties in Parliament came together and voted to SCRAP the assessments. Although the vote wasn’t binding, the Cabinet Secretary stated he would take time to “reflect” on the decision given the public outcry.

Debates – Ineffective Scrutiny Debates do not often provide formal decisions – therefore the government can often refuse to provide concrete answers and does not have to listen to the points of view put across by other parties. Moreover, if the government is in a MAJORITY or COALITION then it is highly unlikely that debates in the Parliament will be highly critical. Remember – MSPs must follow the party line or face punishment from their party whip therefore it is highly unlikely that an SNP MSP will take a stand against their own party during a debate.

Voting – Effective Scrutiny Voting in Parliament is perhaps one of the most powerful ways in which MSPs can hold the government to account. Particularly during times of a MINORITY/COALITION government, MSPs can use their votes to easily defeat the gov. This then forces the government to rethink and reevaluate their policies. KEY EXAMPLE: In 2009, the SNP’s budget was voted down after two Green MSPs refused to agree to the deal. The Green MSPs had demanded funding worth £ 33 million ) for a home insulation scheme (which the SNP agreed to include) however, the Green MSPs still voted against the budget as they did not believe the SNP government had given enough leeway on the topic. This is EFFECTIVE SCRUNTIY in ACTION!

Voting – Ineffective Scrutiny Voting in Parliament always comes with caveats: • If there is a MAJORITY government then in most cases bills will pass without any problems thus making any other MSPs who vote against the bill useless. Example: the Offensive Behaviour at Football Act 2012 - the legislation was introduced by the majority Scottish National Party and passed by MSPs by 64 votes to 57 without any opposition support. If there is a COALITION government then the same rules will generally apply. • Even during minority governments then in most cases the ruling party will attempt to strike a deal before major votes. The SNP ensured their 2017 budget passed after striking a deal with the six Green MSPs over planned tax -changes. If MSPs can be persuaded to vote against with their party line then it is not always the case that constituents interests are being put first in the Scottish Parliament.

Starter Decide whether ‘voting’ and ‘debates’ are either effective or ineffective in scrutinising the work of the Scottish Government. Write some notes down in your jotter and then discuss these points with your partner. Be prepared as you will be asked at random to share whether you believe voting or debates is either effective or ineffective!!

Effectiveness of sp representatives in holding government to account

Today we will… • Highlight the effectiveness/ineffectiveness of Scottish parliament representatives and their work to scrutinise the Scottish Government - Focussing on FMQT, parliamentary/general questions, Committees and Members bills.

First Minister question timeeffective scrutiny • Arguably FMQT can be effective at scrutinising the work of the executive, due to the minority SNP government which currently holds power. FMQT allows questions to be posed to the First Minister from opposition leaders and backbench MSPs. These questions may be specific to an issue within an MSP’s constituency or be within the broader context of legislation/policy which affects the population of Scotland. • Opposition MSPs which account for more than ½ of the seats in SP (67), will often use this time to scrutinise the work of the Scottish Government. MSPs do this in the hope of provoking a response from the First Minister which resolves either the issue their constituency faces or to provide further clarification on legislation and policy changes. Difficult and demanding questions can be posed by opposition leaders of backbench MSPs in a bid to catch out the FM, damaging the reputation of the current government. • FMQT allow the executive in the Scottish Parliament to uphold the principles of accountability and transparency. • As FMQT’s are broadcasted live and streamed to the parliament website, any member of the public can access these videos. Members of the public can also book tickets to attend FMQT’s further allowing active participation in Scotland's democratic system.

First Minister question timeeffective scrutiny • KEY EXAMPLE: In 2016, After the publication of the Scottish Survey of Literacy and Numeracy highlighted a drop in attainment in Scottish schools, opposition leaders forced Nicola Sturgeon into admitting numeracy results were “unacceptable”. This admission made the evening news and was in every newspaper the following day, putting the government under intense pressure and shining a spotlight on the governments education policy.

First Minister question time. Ineffective scrutiny • Although FMQT allows MSP’s to challenge the First Minister the responses in which they give in front of Parliament rarely address the issue at hand. • The First Minster will often give direct responses to those questions which come from a concerned constituent relayed by their MSP. The FM will liaise with their Cabinet and the MSP who posed the question, to seek clarification on these issues and find a resolution. • When questions asked take the form of an MSP scrutinising the success of governmental work and questioning this the FM can/will use avoidance tactics. Avoiding giving a direct answer and instead ‘spinning’ the question allowing them to focus on what government have done effectively, completely ignoring the question/issue at hand. • Throughout the duration of FMQT the FM will be passed along information from Cabinet and from within their political party to allow them to aptly answer the questions given. FMQT’s can be very heated especially between the opposition party leader.

First Minister question time. INEFFECTIVE SCRUTINY EXAMPLE KEY EXAMPLE: In 2018 Ruth Davidson questioned the FM (Nicola Sturgeon) on the reduction of subject choice for school pupils on certified courses and the effect this is having at school level, Nicola Sturgeon instead of offering a direct response noted the positive aspects of the SNP governments education policy and its merits. Davidson highlighted this avoidance tactic in front of Parliament stating “I’m not sure that was much of a progress report on school choice…”. Further pressing the FM for clarification over educational policy. This highlights the ineffectiveness of MSP’s posing questions to the First Minister, trying to scrutinise the executives work. https: //www. youtube. com/watch? v=4 zv. Mq. Xk. JQu. E

General/Parliamentary question time Effective scrutiny. General question time gives MSP’s the chance to pose questions to the government, this mainly raises concerns of the MSP’s constituency. Thus, allowing the government to be held accountable to its citizens. Parliamentary questions can be asked by any MSP to the Scottish Government/Executive or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to obtain factual and statistical information from the Scottish Government or the Scottish Parliamentary Corporate Body. These questions can prove to be quite effective at scrutinising the work of government. Ineffective scrutinyhowever again a government Minister can decide to avoid the question at hand if they do not know the answer or wish not to paint the government in a negative light https: //www. youtube. com/watch? v=Jo. OHOF

Committeeseffective scrutiny • Committees can facilitate strong scrutiny of the executive. They can have a massive impact on legislation and policy which is passed in Scottish Parliament. As the Scottish Parliament is a single chamber parliament. • Committees scrutinise every bill (proposed legislation) and they can make several amendments to this bill and change it as many times as they see fit before it is even debated over in Parliament. • Committees are most effective when they are small in number, composed of MSP’s whom have the relevant skills and expertise to effectively scrutinise legislation and have access to expert support staff. Committee membership is restricted to those not in the government. • Most committees have between 7 -11 members working cross-party lines. Committees can have a increased degree of scrutinization existing in a Minority or Coalition Government. This allows a wide range of political parties to analyse policy from an un-bias position. • Committees will publish their transcripts online to Parliament website to allow the public to access this information- transparency in the Scottish Parliament • Committees can meet anywhere in Scotland most allow the general public to attend, meetings can be streamed live on the Scottish Parliament website, again allowing for transparency and openness.

Committeeseffective scrutiny • Committees also have the power to make inquiries over specific issues and call on Cabinet Secretaries and Government Ministers to give evidence or to effectively clarify an issue surrounding policy. The publication of reports sets out committees recommendations are often published. Some past inquiry reports centred around food bank funding and eating disorders. These inquiries can be conducted into how effective legislation passed by the parliament has worked in practice- ‘post-legislative’ scrutiny. • Committees can also call on Government Ministers to appear before the committee to offer clarification if policy or to give evidence.

Committeeseffective scrutiny example • KEY EXAMPLE: After the 2016 election, with the SNP holding a minority government, Presiding Officer Ken Macintosh said he was impressed by “how cooperative and collegiate” the committee convenor appointment process had been. The SNP chair 8 out of 15 committees however, do not have majority in any of them. The Local Government and Communities committee for example is composed of 3 SNP MSP’s/7 members. Although chaired by an SNP member. This example highlights the effectiveness of Committees in scrutinising the work of government, as the balance of political party distribution ensures members will fairly analyse legislation with little bias.

Committees. Ineffective scrutiny • In a majority government committees can prove to be ineffective as the membership of committees reflects the party spectrum in Parliament. As MSP’s usually vote in line with their party (party whips) it is rare they would be a member of a committee and “hold up” the committee process by making a lot of amendments. This can therefore prove committees to be ineffective as the majority of MSP’s in the majority party will agree with legislation put forward by the executive- bias. • In Committees a convenor is appointed to chair these committee meetings and direct the flow of conversation. This is to ensure mutual respect and committee stays on topic. However, the convenor sometimes does not do this job effectively and it can provide a barrier to the valuable work of committee’s and committees can erupt into fiery debates. • An example, of this is in 2014 during the Scottish European and External Relations Committee, Willie Coffey MSP mistreated an expert witness giving evidence to inform the work of committees surrounding Brexit. https: //www. youtube. com/watch? v=R 5 bfewl 6 cjw

Members billseffective scrutiny • Each of the 129 MSPs has the right to introduce two bills during one Parliamentary session. Nearly 10 per cent of Bills passed so far have been initiated by individual MSPs, eg the proposed ban on smoking in cars where children are present (2015). These bills aim to alter/update government legislation already in place in Scotland or to introduce new legislation completely. • Members bills can have some success depending on if the bill gains substantial support, a members bill must receive support from at least 18 MSPs representing at least half of the political parties, with five or more members within the parliament. • Often MSP’s will try and gain the support of the electorate through use of the media to put pressure on the Parliament to pass a bill they have introduced- however this must be topical and gain a substantial following-pressure groups.

Members billseffective EXMAPLE KEY EXAMPLE: In 2015, the British Sign Language (Scotland) Bill was passed into legislation, this bill ensures the promotion of BSL, including the provision and preparation of a National plan for Scotland. This Member's Bill, introduced by Mark Griffin MSP, on 30 October 2014. https: //www. youtube. com/watch? v=w. E 8 y 1 UQ 30 a 8

Members bills. INEFFECTIVE SCRUTINY • Members bills are arguably highly ineffective at scrutinising the work of government and in influencing policy change. • This is due to the small amount of time allocated to members bills in parliament, the executive bills are seen to be a priority and an extensive amount of time is given to scrutinising these policies. • Members’ Bills can only be introduced if they conform fairly closely to the original proposal that was lodged by the MSP previously. This makes it important to get the policy right from the outset, and to ensure it is within the Parliament’s legislative competence. If this is not followed strictly this can have a detrimental impact on the passing of the bill. • As members bills can take anything up to a year to be formally written with legal guidance, these bills often lose momentum and are seen as not being a priority to parliamentary committeescausing these bills to often die.

Members bills. INEFFECTIVE SCRUTINY KEY EXAMPLE: As only 10% of bills passed in Scottish Parliament come from members bills, it can be said they provide no real power in scrutinising the work of government and provoking a change in legislation. As, such little time is allocated to these bills.

TASK: Practice Paragraph Write a practice KAKAE+ paragraph which answers the following exam-style question: Parliamentary representatives are effective at holding the government to account. Discuss.