Information please

[Kenn]

I am curious as to whether The Westminster Parliament can over rule The Scottish Assembly and under what circumstances.
Can any one enlighten me on this or tell me where I might be able to find the relevant information without having to go through all the papers relating to Devolution?

[fred]

I am curious as to whether The Westminster Parliament can over rule The Scottish Assembly and under what circumstances.
Can any one enlighten me on this or tell me where I might be able to find the relevant information without having to go through all the papers relating to Devolution?

Not on devolved matters, acts of the Scottish Parliament go directly to the Queen, only the Queen could over rule them.

[webmannie]

The following is a list of reserved matters: (from wikipedia)

constitutional matters
UK foreign policy
UK defence and national security
fiscal and economic policy
immigration and nationality
energy: electricity, coal, oil, gas and nuclear energy
common markets
trade and industry, including competition and customer protection
drugs law
broadcasting
Elections and the registration and funding of political parties
some aspects of transport, including aviation, railways, transport safety and Regulation
employment legislation and health and safety
social security
gambling and the National Lottery
data protection
firearms, extradition and emergency powers
medicines, abortion, human fertilisation and embryology, genetics, xenotransplantation and vivisection
equal opportunities
treason and misprision of treason
regulation of time zones and Summer Time

Wonder what aspects of Transport, wouldn't happen to be 'Pay as you go' road charges?

[Oddquine]

The following is a list of reserved matters: (from wikipedia)

constitutional matters
UK foreign policy
UK defence and national security
fiscal and economic policy
immigration and nationality
energy: electricity, coal, oil, gas and nuclear energy
common markets
trade and industry, including competition and customer protection
drugs law
broadcasting
Elections and the registration and funding of political parties
some aspects of transport, including aviation, railways, transport safety and Regulation
employment legislation and health and safety
social security
gambling and the National Lottery
data protection
firearms, extradition and emergency powers
medicines, abortion, human fertilisation and embryology, genetics, xenotransplantation and vivisection
equal opportunities
treason and misprision of treason
regulation of time zones and Summer Time


When you read all that, it doesn't really leave the Scottish Parliament with much, does it? :confused

[Rheghead]

When you read all that, it doesn't really leave the Scottish Parliament with much, does it? :confused

Since many of the policy-makers at the time of devolution were actually Scottish and/or that the Labour Government was propped up by Scottish voters, is it surprising????:confused

[Bill Fernie]

When you read all that, it doesn't really leave the Scottish Parliament with much, does it? :confused

From the Scottish Executive web site the list of subject areas they deal witrh is quite extensive and these open up to many areas of our lives -
Agriculture
Arts and Culture
Business and Industry
Economy
Education and Training
Environment
Fisheries
Government
Health and Community Care
Housing and Regeneration
Justice
People and Society
Planning and Building
Research
Rural Development
Sport
Statistics
Sustainable Development
Transport
Tourism
See http://www.scotland.gov.uk/Home

The Scottish Parliament web site also sheds light on what next they will affect in our lives, See http://www.scottish.parliament.uk/home.htm

[Kenn]

Many thanks folk for the information much appreciated.

Now you've raised another constitutional question Fred as I understand it The Queen no longer has the right to over rule the will of parliament although as "Queen of Scots" maybe her authority is different north of the border.

[golach]

Many thanks folk for the information much appreciated.

Now you've raised another constitutional question Fred as I understand it The Queen no longer has the right to over rule the will of parliament although as "Queen of Scots" maybe her authority is different north of the border.
Lizz, to my knowlege the Queen up here is the Queen of Scots i.e. Queen of the Scottish People, as down with you she is the Queen of England i.e. the Queen of the land not the Queen of the English people.
and IMHO, she should be known up here as Elizabeth the First, as we Scots were not ever ruled by your Queen Bess, who as you know lopped of the head of her own cousin, our legal Queen at the time, Mary, Queen of Scots, whos son James the VI became James I of England, why was his title changed?
This was the Union of the Crowns in 1603, not the Union of the Parliaments which occured in 1707, and was united by the Lowland Lords with bribes and threats, so nothing much has changed today.

[fred]

Many thanks folk for the information much appreciated.

Now you've raised another constitutional question Fred as I understand it The Queen no longer has the right to over rule the will of parliament although as "Queen of Scots" maybe her authority is different north of the border.

It's not a matter of having the right to over rule, a bill has to have Royal Assent to become law. In practice it's a formality, the queen has no real power and could be booted out if needs be, our royal family have only survived this long by not interfering with Westminster.

[Kenn]

Ah hah thanks golach so when the two parliaments were unified did the same laws apply throughout the realm?
I ask this as I know the legal system north of the border is unique to Scotland and wondered whether there was a set of laws/edicts or whatever that relate to the union.
You will gather from this that my knowledge of history switched off some where round about the era of James V1 / James 1st as I could n't be doing with The Indutrial Revolution, Empire and all that!

[mccaugm]

Not on devolved matters, acts of the Scottish Parliament go directly to the Queen, only the Queen could over rule them.

Only with another specific act of parliament which must go through the standard practice of various readings etc...

[Oddquine]

Ah hah thanks golach so when the two parliaments were unified did the same laws apply throughout the realm?
I ask this as I know the legal system north of the border is unique to Scotland and wondered whether there was a set of laws/edicts or whatever that relate to the union.
You will gather from this that my knowledge of history switched off some where round about the era of James V1 / James 1st as I could n't be doing with The Indutrial Revolution, Empire and all that!

Nope, they didn't necessarily, Lizz...Scots Law/ Education/Religion etc theoretically were separate from the English equivalents, and laws which were to be applied to the whole of Great Britain or the UK were meant to be applied simultaneously, according to the Treaty of Union.

Of the original 25 Acts of the Treaty, so far 9 have been wholly repealed by a majority English Westminster Government ,5 have been materially altered by a majority English Westminster Government, and 7 breached by a majority English Westminster Government.

And then a majority English Westminster Government can't understand why some of us would prefer to go it alone! :roll:

[Kenn]

Beggars the question Oddquine as to why we have a predominantly Scots Cabinet!
Sorry could n't resist that one.
Am finding all this most interesting.

[golach]

Beggars the question Oddquine as to why we have a predominantly Scots Cabinet!
Sorry could n't resist that one.
Am finding all this most interesting.
Good Question Lizz, here is the answer
http://www.parliament.uk/commons/lib/research/notes/snpc-02586.pdf

[North Rhins]

There’s an old saying Lizz, that the English had an empire but the Scots ran it!

[JAWS]

I think the position of the Queen, with respect to legislative power, that I have heard is that she is permitted to "warn and advise", under no circumstances has she the right to 'instruct'.
In effect it means that Governments can use the knowledge she has gained, as Head of State whilst most of the current MPs were still in nappies. It doesn't mean they have to listen but the information is there should they wish too take advantage of it.
I would guess that many PMs have made enquiries about various protocols and quirks prior to many Official Visits to other Heads of State so they don't get caught unawares.
We've all done it when going somewhere new or doing something strange to us, we try to find somebody who has prior knowledge and ask them about it.
It doesn't mean we have to listen though, does it?