• Introduction
• 1. Powers and Responsibilities
• 2. Size and Composition of Scottish Parliament
• 3. Scottish Cabinet and Ministers
• 4. Scottish Parliament Committees
• 5. Scottish Parliament Legislative Programme
• 6. Financial Arrangements
• 7. Scottish Executive and Scottish Parliament Committee Consultation Documents
• 8. Influencing the Public Policy Making Process
• 9. Steps taken to rise to the challenge
• 10. Impact on Collective Bargaining in Scotland

Introduction

From 1 July 1999 full legislative, administrative and financial powers for Scotland's public services have been devolved from UK to Scotland.

This paper sets out: (See Index above for hyperlinks)

1. The split in the powers and responsibilities of the Westminster and Edinburgh Parliaments.
2. The size and composition of the Scottish Parliament.
3. Scottish Cabinet and Ministers.
4. Scottish Parliament Committees.
5. Scottish Executive's Legislative Programme.
6. Scotland's Financial Arrangements.
7. Recent UNISON Scotland responses to Scottish Executive consultation documents.
8. Challenges and opportunities for influencing the public policy making process.
9. Steps taken to respond to the public policy challenge – at a lay and full time level.
10. Implications for collective bargaining in Scotland.

1. Powers and Responsibilities

The Scotland Act 1998 specifies the division in powers between the UK and Scottish Parliaments.

Westminster retains the power for foreign affairs, defence, macroeconomics, social security policy, employment matters, immigration, and the British constitution

All other law making powers as well as administrative and financial responsibility have transferred to the Scottish Parliament for:

• local government

• health and community care

• housing
• social work

• education and children
• lifelong learning including further and higher education

• training

• criminal justice

• industry and enterprise

• voluntary sector

• environment

• transport

• agriculture and fisheries

• sport

• arts and culture
  
  
• rural affairs
  
  
• social inclusion
  
  
• finance

This means that for almost all UNISON members the decisions taken by the Scottish Executive and Scottish Parliament are the ones which affect them directly as employees.

2. Size and Composition of Scottish Parliament

There are 129 Members of the Scottish Parliament (MSPs):

¨ 73 are elected in constituency seats using first past the post

¨ 56 are elected from regional party lists - 7 from each of the eight European constituencies - to ensure a more proportional outcome

Voters receive two ballot papers: one for their constituency MSP and one for their regional list MSP.

At the Scottish General Election on 6 May 1999 the result was a hung parliament leading to a Labour/Lib Dem coalition:

Scottish Labour Party 56 seats

Scottish National Party 35 seats

Scottish Conservative and Unionists 18 seats

Scottish Liberal Democrats 17 seats

Others 3 seats

The others included a Green, a Scottish Socialist and Dennis Canavan.

There have been three by-elections since 1999 resulting in one additional Tory MSP and one less Labour MSP.

Around 40% of the MSPs are women including over 50% of Labour MSPs.

UNISON MSPs

There are at least 17 MSPs who are UNISON members: 12 Labour, 4 SNP and one independent.

Labour: Jackie Baillie, Scott Barrie, Malcolm Chisholm, Rhoda Grant, Janis Hughes, Karen Gillon, Margaret Jamieson, Andy Kerr, Marilyn Livingston, Henry McLeish, Cathie Peattie, Allan Wilson.

SNP: Michael Matheson, Richard Lochhead, Kay Ullrich, Shona Robison.

Independent: Dennis Canavan

UNISON APF has established a Labour Group of MSPs and the union has had regular meetings with UNISON MSPs from other parties.

3. Scottish Cabinet and Ministers

The leader of the Scottish Parliament is the First Minister who is elected by the whole Parliament. The First Minister recommends the appointment of Scottish Executive Ministers and these are approved by the Parliament.

The Scottish Cabinet is made up of 11 members and these are shown in bold below. The full list of Ministries in the Scottish Executive is as follows:

The Law Officers are Colin Boyd QC (Lord Advocate) and Neil Davidson (Solicitor General).

4. Scottish Parliament Committees

The Scottish Parliament has established a range of Committees which are more powerful and proactive than the Committees of the Westminster Parliament.

They fulfil the functions of both Westminster Standing and Select Committees and are able to consider major policy issues, hold Ministers and public agencies to account, and scrutinise draft legislation. A key difference is that Scottish Parliament Committees are able to initiate legislation.

The Committees are expected to liase closely with local government, trade unions, business, civic bodies, community organisations etc. Their role is particularly crucial in terms of pre legislative scrutiny.

The allocation of Committee Chairs is broadly in line with the share of MSPs a Party has in the Parliament.

The full Scottish Parliament Committee list:

Audit Committee

Convener Andrew Welsh (Scottish National Party)

Education, Culture and Sport Committee

Convener Karen Gillon (Labour)

Enterprise and Lifelong Learning Committee

Convener Alex Neil (Scottish National Party)

Equal Opportunities Committee

Convener Kate Mclean (Labour Party)

European Committee

Convener Hugh Henry (Labour Party)

Convener Mike Watson (Labour Party)

Health and Community Care Committee

Convener Margaret Smith (Liberal Democrat Party)

Justice 1

Convener Alasdair Morgan (Scottish National Party)

Justice 2

Convener Pauline McNeil (Labour Party)

Local Government Committee

Convener Trish Godman (Labour Party)

Convener Murray Tosh (Conservative Party)

Convener John McAllion (Labour Party)

Rural Development Committee

Convener Alex Johnstone (Conservative)

Convener Johann Lamont (Labour)

Convener Mike Rumbles (Liberal Democrat Party)

Subordinate Legislation Committee

Convener Kenny MacAskill (Scottish National Party)

Transport and the Environment Committee

Convener Andy Kerr (Labour Party)

5. Scottish Parliament Legislative Programme

The Scottish Executive is operating to an agenda based on the Partnership for Scotland agreement drawn up between the Scottish Labour Party and the Scottish Liberal Democrats. This was the basis for the coalition formed shortly after the 1999 elections.

In the first year of the parliament Bills were enacted covering:

• Land reform

• National Parks

• Abolition of the feudal system of land tenure

• Incapable adults

• Transport

• Local Government (ethical standards)

• Improvement in Scottish education

• Financial procedures and auditing

In the current parliamentary session the following legislation is being introduced:

• Housing Bill

• The Water Services Bill

• Graduate Endowment Bill

• Evidence (Sex Offences) Bill

• ECHR Bill

• International Criminal Court Bill

• Regulation of Care Bill

• Budget Bill

6. Financial Arrangements

• The Scottish Executive & Parliament are broadly financed on the same basis as the former Scottish Office.

• The total Scottish budget is £18.3 billion in 2000/01 rising to £22.1 billion in 2003/04 and covers expenditure for all Scotland's devolved public services.

• Almost 50% of the budget goes on public sector pay, the great bulk of which (over 90%) is spent on local government and NHS pay.

• An annual expenditure statement and budget is prepared by the Scottish Executive and is subject to parliamentary scrutiny.

• The amount of financial support to the Scottish Executive and Parliament is determined by the Barnett formula – that is, a block grant plus a share of identifiable UK expenditure, variable according to population in Scotland.

• The Parliament is able to vary the basic rate of income tax by up to 3p in the pound - this could raise approximately £690 million per year in total. In addition Council Tax raises £1.6 billion and non domestic rates £1.6 billion. Therefore the total that the Scottish Executive could raise is currently £4 billion per year.

• The Parliament also has the power to revue and implement other forms of local taxation such as road tolls, tourists taxes etc.

7. Scottish Executive and Scottish Parliament Committee Consultation Documents

The Scottish Executive and Scottish Parliament Committees produces a range of Government documents, many of which are responded to by UNISON Scotland.

Among the key documents UNISON Scotland has responded to recently are:

• Scotland's Water - The Water Services Bill

• Freedom of Information - The Scottish Executive's Consultation on Draft Legislation

• Scottish Executive Careers Service Review

• Response to Redressing the Balance Cross-Examination in Rape and Sexual Offence Trials

• Scottish Parliament Review of Local Government Finance

• Regulating of Care (Scotland) Bill

• Lobbying in the Scottish Parliament The Scottish Parliament's Standards Committee Consultation Paper

• Scottish Executive Draft spending plans 2001-2004

• Best Value in Local Government: Next Steps

• Better Homes for Scotland's Communities The Executive's Proposals for the Housing Bill

• Managing Change in the Water Industry

• Appointments to Public Bodies in Scotland - Modernising the System

• Towards an Equality Strategy

• Scottish Executive Consultation on the Ethical Standards in Public Life etc. (Scotland) Bill

• Scottish Executive "Spending Plans for Scotland"

• Celebrating Scotland - The Scottish Executive's consultation document on a National Cultural Strategy

• Report of the Commission on Local Government and the Scottish Parliament: The Scottish Executive's Response

• Scottish Executive Justice Department: Stephen Lawrence – An Action Plan for Scotland

• Student Finance - What Do You Think?

• McIntosh Commission Report on Local Government

• Repeal of Section 28

• The Scottish Compact with the Voluntary Sector in Scotland

All responses are posted on the UNISON Scotland web site.

Examples of recent responses are also on the web site.

8. Influencing the Public Policy Making Process

The new devolved political institutions of government present a range of opportunities and challenges for UNISON Scotland in influencing the public policy making process in Scotland.

We are seeking to maximise our influence through:

• Meetings with Ministers of the Scottish Executive.

• Presentations to Scottish Parliament Committees

• Participating in membership of Scottish Executive and Scottish Parliament Committee expert panels and consultative forums.

• Developing links with individual MSPs and with all political parties in the Parliament.

• Discussions with the Scottish Executive on service group issues eg through the Scottish Joint Council and NHS Partnership Forum.

• Developing our links with Scottish Executive civil servants including Special Advisers.

• Inputting to pre-legislative scrutiny.

• Responding to Government consultation documents.

• Supporting policy development in think tanks such as the Centre for Scottish Public Policy.

• Using membership of civic bodies such as the Scottish Civic Forum to build alliances and coalitions with civic Scotland, including user groups.

• Using the opportunity to present petitions and initiate debates.

• Working with the STUC and colleagues in other unions on issues of common concern.

• Linking up with the UNISON APF Group of MSPs – which includes a dozen MSPs including leading Cabinet Members. And through the Scottish Labour Party's Scottish Policy Forum, local policy forums and Scottish Conference.

• Having a high media profile for UNISON as the lead spokesperson for Scotland's public services

In the run up to the 1999 Scottish General Election and beyond UNISON launched Serving Scotland – A Manifesto for Scotland's Public Services and a series of accompanying Minifestos on Promoting Equality, Women, Funding Public Services, etc. Serving Scotland was a positive campaign aimed at setting the agenda for the new Parliament and promoting public services.

9. Steps taken to rise to the challenge

Within the limited resources at our disposal UNISON Scotland has sought to address the opportunities and challenges of devolution – at both a lay and staff level.

Structural changes include:

Policy Pools

The Scottish Committee has revised and streamline its policy-making procedures in Scotland in order to effectively input to the work of the Scottish Executive and Scottish Parliament. It has set up policy pools in the following areas:

Public Finances

Justice

Communities (local government, social inclusion, housing & voluntary)

Equal Opportunities

Health and Community Care

Children, education, culture and sport

Enterprise and Lifelong Learning

Transport and Environment and Rural Affairs

The remit of the Policy Pools is follows:

• Monitor the work of Scottish Ministers and Committees
• Consider UNISON Scotland policy
• Communicate and consult regularly with Branches, Service Groups, Self Organised Groups and the various parts of the organisation
• Report to the Scottish Committee and Service Groups
• Liase directly with the appropriate Minister and/or Committee

Members of the Policy Pools have been drawn from the Scottish Committee, Service Groups, Self Organised Groups etc. The composition of the pools varies according to the workload of each and they are serviced by a member of the Scottish Management Team.

They operate on the principle of consensus and are subordinate to the processes in rule ie the Scottish Council, Scottish Committees, Service Groups etc. They facilitate and co-ordinate policy development by circulating drafts and heading papers for comment.

Policy and Information Team

The emergence of the Scottish Government has also prompted a review of the way in which UNISON Scotland organises its staff.

A Policy and Information Team has been set up which has the role of co-ordinating the union's work around public policy making in relation to the new Parliament and Executive. It produces a weekly Scottish Parliament News which is circulated to Policy Pool members and placed on the UNISON Scotland web site..

The team will also provides practical assistance to negotiators at a Scottish and local level.

The Policy and Information Team includes our Scottish Research Officer, Scottish Communications Officer, Scottish Information Development Officer, Scottish Legal Officer and Scottish Women's Officer, Organising Assistant and secretarial staff.

10. Impact on Collective Bargaining in Scotland

There are major implications for pay and related matters. Of the Parliament's available budget of some £18.3 billion, almost 50% ends up in public sector pay.

Local Government

Pay and conditions are now determined by the autonomous Scottish Joint Council for Local Government Employees and there is a new Scottish National Agreement on Pay and Conditions of Service covering

• pay and grading
• working time

• leave

• part-time workers

• health and safety

• training

• sickness

• equalities

• maternity provision

• car allowances etc.

Separate pay claims are submitted and separate pay awards made. In 1999/2000 local government staff in Scotland received a 3.3% pay increase – more than colleagues elsewhere in the UK. Last year there was protracted industrial action which resulted in a 14.2% award over a 4 year period.

There are also separate Scottish negotiations for water and sewerage staff, craft workers, chief officials and teachers.

NHS

The White Paper 'Scotland's Parliament' and the Scotland Act 1998 supported devolution of pay and conditions within the National Health Service in Scotland. Although this has been possible in principle the practise so far has been for pay awards in Scotland to follow those elsewhere in the UK.

Since the 1997 there have been new initiatives such as the NHS Scottish Partnership Forum, involving employers and unions in Scotland. The remit of the NHS Scottish Partnership Forum includes:

• equal opportunities
• health and safety
• familly friendly policies)
• education and training
• performance
• approach to employment legislation ( EC legislation, Fairness at Work)
• best practice
• partnership and involvement of staff in decision making processes.

Higher and Further Education

There have been significant changes to the structure of higher and further education in Scotland in recent years. The Government have created the Scottish Higher Education Funding Council (SHEFC) and the Scottish Further Education Funding Council (SFEFC). These changes will inevitably impact on the bargaining arrangements in the longer term