National Delegate Conference 16-19 June 2008

Calman Commission Reports

UNISON Scottish Secretary Matt Smith sat on the Calman Commission. Here he looks in detail at the recommendations that could take devolution to the next stage

'Devolution has been a real success' - Ken Calman.

The report of the Commission published on Monday of this week contains over 60 recommendations on a range of issues including funding, functions and relationships between Westminster and Holyrood.

Appointed by the Scottish Parliament and supported by the UK Government, the remit for the Commission was: 'To review the provisions of the Scotland Act 1998 in the light of experience and to recommend any changes to the present constitutional arrangements that would enable the Scottish Parliament to serve the people of Scotland better, improve the financial accountability of the Scottish Parliament, and continue to secure the position of Scotland within the United Kingdom.'

The Commission had membership from the Labour, Liberal Democrat and Conservative parties, academics, community activists, the business community and trade unions.A number had been members of the Parliament and had served as Ministers.

The Chair, Sir Ken Calman is a former Medical officer of Health for Scotland and the UK. He is the current Chancellor of Glasgow University and President of the BMA. The Commission established a senior group of experts to advise on financial matters and they have published their own, independent evidence. Details of the Commission's public sessions and evidence received has been placed on their website and has been published in an accompanying document to its final report.

There are just over 60 recommendations in four categories. Finance The most significant recommendation relates to the funding of the Scottish Parliament.At present most of its funding - some £30 billion per annum - comes through the block grant, known as the Barnett formula.

So while the Scottish Parliament has total control of its spending, it only controls that aspect of its income relating to council tax and to business rates.

It is proposed

• to cut the basic and higher rates of tax in Scotland by 10p in the pound, with a corresponding reduction in the block grant.
  
  
• to create a new Scottish tax rate, to be set by the Scottish Parliament, applying to basic and higher rates.
  
  
• to devolve Stamp Duty Land Tax, Aggregates Levy, Landfill Tax and Air Passenger duty to the Scottish Parliament, again with a corresponding reduction in the block grant
  
  
• to allow the Scottish Parliament to seek to create new taxes
  
  
• to provide additional borrowing powers
  
  
• To maintain the block grant for the remainder of the funding while recognising that in the longer term there should be a needs based assessment undertaken

This will give to the Scottish Parliament control over well in excess of its income.The Commission rejected assigned revenues as a means of funding apart from income tax on savings, half of which will be devolved to Scotland.

There is no support for oil and gas tax devolution primarily on the basis that the income is extremely volatile and would not be a strong base on which to provide secure funding. Intergovernmental Relations.

There is a recognition that there needs to be established mechanisms to make the two Parliaments and Governments work better together. There requires to be mutual respect and an understanding that where there are issues impacting on both, there can be joint committees.

For example, it has been suggested that the Secretary of State for Scotland should address the Scottish Parliament each year on the Queen's Speech and that the Scottish First Minister should have the right to attend appropriate sessions at Westminster.

Functions

The 1998 Act ensured that the great majority of services that could be devolved were at that time devolved. However, others have been considered and devolution is proposed for a number including

- speed limits

- drink driving levels

- airguns

- administration of elections

- nature conservancy at sea

In some areas there are proposals for better working relationships between the Scottish Parliament and the Health & Safety Executive and for Scottish Ministers to appoint the Scottish Trustee of the BBC.

On Council and Housing Tax Benefits it has been agreed that these can not be devolved ' at the present time' for reasons of integration within the social security system. Nevertheless there should be joint working between the Governments to make the system work better and to reflect Scottish needs.

There is also recognition of the argument UNISON has developed in respect of immigration that while the rules remain reserved, the particular role of Scottish legislation as it impacts on children must be recognised.

Some issues are to be reserved to Wesminster including corporate insolvency and the regulation of health professionals.

The Commission has also called for a new definition of charities to be agreed by the UK Parliament with the consent of the Scottish Parlaiment. Proposals to rereserve planning powers to the UK Parliaiment, an issue often associated with nuclear power proposals, has been rejected by the Commission.

Workings of the Parliament

In reviewing the workings of the Parliament a number of proposals have been made including inserting an additional reading- a 4th stage - to legislation to allow greater consultation on issues being considered.

The commission's recommendations were presented unanimously.Together these proposals will strengthen devolution, enhance the powers of the Parliament and ensure Scotland's continuing role in the UK.

The Commission's report is lengthy and it outlines the history of the devolution debate in Scotland and gives credit to the role of trade unions in that process.

There is recognition of the overwhelming support from the people of Scotland for devolution and the fact that many of those who opposed the concept in 1998 now embrace devolution.

As one who was involved in all of the campaigning activity leading up to the 1998 Scotland Act (and had the privilege of attending the opening of the Scottish Parliament in my then role of STUC President,) I believe the work of the Commission to be important: important in securing the 1998 Act; important in building on that foundation; important in building a base for a new future for Scotland.

top