Frequently Asked Questions
- When and how was the Commission established?
- Is the Commission independent? To whom is it answerable?
- Will the Commission be considering the options of scrapping the Scottish Parliament, or of independence? How does it relate to the Scottish Government's "National Conversation"?
- How were the members chosen?
- What is the Commission costing, and who is paying?
- What is the timescale for the Commission's report?
- How is the Commission going about its task? How can I find out about progress?
- How can I contribute to the work of the Commission?
- What will happen to the Commission's recommendations?
When and how was the Commission established?
The initiative for establishing the Commission came from the Scottish Parliament, which passed a resolution on 6 December 2007 calling for the establishment of "an independently chaired commission to review devolution in Scotland". The motion was supported by three of the four main parties in the Parliament (Labour, Liberal Democrat and Conservative), and opposed only by the Scottish National Party (the two Green party MSPs and one independent MSP abstained).
The UK Government subsequently expressed its support for the Commission, and took steps to identify suitable individuals to serve on the Commission, and to put in place a Secretariat to support it. The full membership of the Commission was announced on 28 April 2008 (the day of the Commission's first meeting).
Is the Commission independent? To whom is it answerable?
The Commission is independent of any political party, and operates independently of both the Scottish Parliament and the UK Government.
The Commission reports both to the Scottish Parliament and to the UK Government. It is up to those institutions how they respond.
Will the Commission be considering the options of scrapping the Scottish Parliament, or of independence? How does it relate to the Scottish Government's "National Conversation"?
The Commission's remit is:
"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."
This remit precludes any recommendation that would involve repealing the Scotland Act or abolishing the Scottish Parliament. It also precludes any recommendation that would involve independence for Scotland and its separation from the rest of the UK. The remit is about finding ways of strengthening devolution within the Union.
The work of the Commission is entirely separate from the "National Conversation".
How were the members chosen?
The Scottish Parliament's resolution called on the Commission to be independently chaired, and Sir Kenneth Calman was identified as a suitable person to take on this role. He has had a distinguished career in public life, but has never served in a party-political role, and owes no allegiance to any particular party or to any particular political viewpoint.
A majority of other Commission members also have no direct association with any political party, and were chosen so that, between them, they can bring to the Commission a diverse range of experience from a range of sectors (for example the law, academia, business, the voluntary sector, youthwork).
Each of the three political parties which supported the 6 December resolution in the Scottish Parliament has nominated two members of the Commission. However, these individuals serve on the Commission as individuals in their own right, and not as spokespersons for their parties. They also bring substantial experience both of politics and of public life more generally. It will be for each of the parties concerned to formulate a view about the Commission's recommendations once those are published.
What is the Commission costing, and who is paying?
The Commission is being supported jointly by the Scottish Parliament and the UK Government. The Scottish Parliament resolution of 6 December 2007 committed the SPCB (the Parliament's corporate body) to "allocate appropriate resources and funding"; and the UK Government agreed also to provide support to the Commission.
The Commission chairman and all other members are giving their services free of charge, although they may of course claim for expenses incurred on Commission business.
In terms of staff costs, one member of the Secretariat is on assignment from the Scottish Parliament, which is continuing to pay his salary and expenses. The salaries and expenses of other Secretariat staff are being paid by the UK Government departments from which they have been assigned.
Apart from staff costs, the main costs so far incurred relate mainly to public engagement and evidence-taking – including the costs of venue-hire and facilitation, and the cost of printing and distributing a leaflet about the Commission’s work – and to the publication costs associated with the First Report. There are also costs associated with establishing and maintaining the Commission's website.
What is the timescale for the Commission's final report?
The Commission published a first report on 2 December 2008. The final report will follow in 2009.
How is the Commission going about its task? How can I find out about progress?
The full Commission meets roughly once a month. Between meetings, detailed work is taken forward through meetings of the individual "task groups" that have been established. There are task groups on Principles, Functions, Engagement, Financial Accountability and Inter-Governmental Relations.
The Commission is committed to an evidence-based approach, and has already taken extensive oral and written evidence. The First Report sets out various questions on which the Commission would welcome further submissions. General submissions may also be made on any matter within the Commission’s remit.
The Commission is also committed to openness, and as much as possible of the information and evidence received is posted on this website. The website includes a facility for anyone to register as a subscriber in order to receive updates on the latest developments.
How can I contribute to the work of the Commission?
Public engagement is an important element in the Commission's work, and submissions are welcome from anyone with an interest in the future of devolution. Submissions can be made in writing or by e-mail – see the Engage page for further information about how to contribute.
What will happen to the Commission's recommendations?
That will be a matter for the Scottish Parliament and the UK Government in the first instance. Should the Commission recommend changes to the Scotland Act, these would require primary legislation at Westminster to implement.