Remember what we were promised:
the modern equivalent of Home Rule, as close to federalism as is possible consistent with being in the UK. "
Let's call it devo-max". The
maximum possible devolution.
So. We shouldn't really be expecting the Smith Commission to list powers that are to be devolved. That would be an insanely ponderous way to proceed. It will simply give us the (much smaller) list of the powers to be retained, presumably.
It'll be quite exciting. Things like broadcasting, welfare, corporation tax, income tax, vat, national insurance, alcohol tobacco and fuel duties, climate change levy, insurance premium tax, vehicle excise duty, inheritance tax, capital gains tax, tax on oil receipts, immigration, consumer protection, regulation of the professions, financial services, regulation and funding of political parties, public borrowing and lending, anti-money laundering regulation, control of drugs, data protection, regulation of elections, regulation of firearms, entertainment and film classification, betting gaming and lotteries, freedom of information, lieutenancies, provision for business insolvency, competition, intellectual property, import and export control, sea fishing, product standards and safety, weights and measures, telecommunications and wireless telegraphy, posts, research councils, assisted areas, electricity, oil and gas, coal, nuclear energy, energy conservation, road transport, rail transport, marine transport, air transport, social security, child support, occupational and personal pensions, war pensions, employment and industrial relations, health and safety, job search and support, abortion, xenotransplantation, medicines medical supplies and poisons, public lending right, government indemnity schemes, judicial remuneration, equal opportunities, control of weapons and timescales and time zones are amongst the currently reserved matters which will most obviously be devolved from Westminster to Holyrood. No-one could claim doing otherwise would be "impossible". They are clearly within the competence of a parliament in control of all affairs within its territory: "home rule". Equally, we have to accept, defence and foreign affairs will remain reserved.
No. The two exciting ones, the only ones about which there is any real doubt, are ordnance survey and outer space. Only two but what a dilemma! Which way will the Smith Commission jump? It must have been a fascinating tussle back and forward between the two sides. What a debate there must have been. I think we'll get outer space (counterintuitive, but it's about launching into it from here, not owning it) but they'll keep ordnance survey.
Anyway. Only one more sleep till we know.
*Source:
Scotland Act 1998, Schedule 5 for the list of "reserved matters":
The Constitution
- the Crown, including
succession to the Crown and a regency, the Union of the Kingdoms of
Scotland and England, the Parliament of the United Kingdom, the
continued existence of the High Court of Justiciary as a criminal
court of first instance and of appeal, the continued existence of the
Court of Session as a civil court of first instance and of appeal,
the hereditary revenues of the Crown, other than revenues from bona
vacantia, ultimus haeres and treasure trove, the royal arms and
standard, the compulsory acquisition of property held or used by a
Minister of the Crown or government department,
Political parties
- the registration and
funding of political parties.
Foreign affairs etc.
- international
relations, including relations with territories outside the United
Kingdom, the European Union (and their institutions) and other
international organisations, regulation of international trade, and
international development assistance and co-operation.
Public Service
Defence
- the defence of the
realm, the naval, military or air forces of the Crown, including
reserve forces, visiting forces, international headquarters and
defence organisations, trading with the enemy and enemy property.
Treason
- treason felony and
misprision of treason.
Financial and Economic
Matters:
- fiscal, economic and
monetary policy (including the issue and circulation of money, taxes
and excise duties, government borrowing and lending, control over
United Kingdom public expenditure, the exchange rate and the Bank of
England);
- currency (coinage,
legal tender and bank notes);
- financial services
(including investment business, banking and deposit-taking,
collective investment schemes and insurance);
- financial markets
(including listing and public offers of securities and investments,
transfer of securities and insider dealing);
- money laundering (the
subject-matter of the Money Laundering Regulations 1993, but in
relation to any type of business).
Home Affairs:
- misuse of drugs (the
subject-matter of the Misuse of Drugs Act 1971, sections 12 to 14 of
the Criminal Justice (International Co-operation) Act 1990
(substances useful for manufacture of controlled drugs), and Part V
of the Criminal Law (Consolidation) (Scotland) Act 1995 (drug
trafficking) and, so far as relating to drug trafficking, the
Proceeds of Crime (Scotland) Act 1995);
- data protection (the
subject-matter of the Data Protection Act 1998, and Council Directive
95/46/EC (protection of individuals with regard to the processing of
personal data and on the free movement of such data);
- elections (elections
for membership of the House of Commons, the European Parliament and
the Scottish Parliament, including the subject-matter of the European
Parliamentary Elections Act 2002, the Representation of the People
Act 1983 and the Representation of the People Act 1985, and the
Parliamentary Constituencies Act 1986, the franchise at local
government elections);
- firearms (the
subject-matter of the Firearms Acts 1968 to 1997);
- entertainment (the
subject-matter of the Video Recordings Act 1984, and sections 1 to 3
and 5 to 16 of the Cinemas Act 1985 (control of exhibitions), the
classification of films for public exhibition by reference to their
suitability for viewing by persons generally or above a particular
age, with or without any advice as to the desirability of parental
guidance);
- immigration and
nationality (nationality, immigration, including asylum and the
status and capacity of persons in the United Kingdom who are not
British citizens, free movement of persons within the European
Economic Area; issue of travel documents);
- scientific procedures
on live animals (the subject-matter of the Animals (Scientific
Procedures) Act 1986);
- national security
(including interception of communications, official secrets and
terrorism (the interception of communications; the subject-matter of
the Official Secrets Acts 1911 and 1920, and the Official Secrets Act
1989, except so far as relating to any information, document or other
article protected against disclosure by section 4(2) (crime) and not
by any other provision of sections 1 to 4, special powers, and other
special provisions, for dealing with terrorism);
- betting, gaming and
lotteries;
- lieutenancies (the
subject-matter of the Lieutenancies Act 1997);
- access to information
(public access to information held by public bodies or holders of
public offices (including government departments and persons acting
on behalf of the Crown)).
Trade and Industry
- business associations
(the creation, operation, regulation and dissolution of types of
business association);
- insolvency (in relation
to business associations, the modes of, the grounds for and the
general legal effect of winding up, and the persons who may initiate
winding up, liability to contribute to assets on winding up, powers
of courts in relation to proceedings for winding up, other than the
power to sist proceedings, arrangements with creditors, and
procedures giving protection from creditors, preferred or
preferential debts for the purposes of the Bankruptcy (Scotland) Act
1985, the Insolvency Act 1986, and any other enactment relating to
the sequestration of the estate of any person or to the winding up of
business associations, the preference of such debts against other
such debts and the extent of their preference over other types of
debt, regulation of insolvency practitioners, co-operation of
insolvency courts);
- competition (regulation
of anti-competitive practices and agreements; abuse of dominant
position; monopolies and mergers);
- intellectual property
(including copyright, design right, trade marks, patents);
- import and export
control (the subject-matter of the Import, Export and Customs Powers
(Defence) Act 1939, prohibition and regulation of the import and
export of endangered species of animals and plants);
- sea fishing (regulation
of sea fishing outside the Scottish zone (except in relation to
Scottish fishing boats));
- consumer protection
(regulation of the sale and supply of goods and services to
consumers, guarantees in relation to such goods and services,
hire-purchase, including the subject-matter of Part III of the
Hire-Purchase Act 1964, trade descriptions, except in relation to
food, misleading and comparative advertising, except regulation
specifically in relation to food, tobacco and tobacco products, price
indications, trading stamps, auctions and mock auctions of goods and
services, and hallmarking and gun barrel proofing. Safety of, and
liability for, services supplied to consumers, the subject-matter of
the Hearing Aid Council Act 1968, the Unsolicited Goods and Services
Acts 1971 and 1975, Parts I to III and XI of the Fair Trading Act
1973, the Consumer Credit Act 1974, the Estate Agents Act 1979, the
Timeshare Act 1992, the Package Travel, Package Holidays and Package
Tours Regulations 1992, and the Commercial Agents (Council Directive)
Regulations 1993);
- product standards,
safety and liability (technical standards and requirements in
relation to products in pursuance of an obligation under [F16EU] law,
the national accreditation body and the accreditation of bodies which
certify or assess conformity to technical standards in relation to
products or environmental management systems, product safety and
liability, product labelling);
- weights and measures
(units and standards of weight and measurement, regulation of trade
so far as involving weighing, measuring and quantities);
- telecommunications and
wireless telegraphy (including internet services, electronic
encryption, the subject-matter of Part II of the Wireless Telegraphy
Act 1949 (electromagnetic disturbance));
- posts (the subject
matter of the Postal Services Act 2000);
- Research Councils
(Research Councils within the meaning of the Science and Technology
Act 1965, the subject-matter of section 5 of that Act (funding of
scientific research) so far as relating to Research Councils, The
Arts and Humanities Research Council within the meaning of Part 1 of
the Higher Education Act 2004, the subject-matter of section 10 of
that Act (research in arts and humanities) so far as relating to that
Council);
- designation of assisted
areas (the subject-matter of section 1 of the Industrial Development
Act 1982);
- Industrial Development
Advisory Board;
- protection of trading
and economic interests (the subject-matter of section 2 of the
Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power
in relation to action damaging to economic position of United
Kingdom, Part II of the Industry Act 1975 (powers in relation to
transfer of control of important manufacturing undertakings), and the
Protection of Trading Interests Act 1980).
Energy
- electricity (the
generation, transmission, distribution and supply of electricity, the
subject-matter of Part II of the Electricity Act 1989);
- oil and gas (including
the ownership of, exploration for and exploitation of deposits of oil
and natural gas, the subject-matter of section 1 of the Mineral
Exploration and Investment Grants Act 1972 (contributions in
connection with mineral exploration) so far as relating to
exploration for oil and gas, offshore installations and pipelines,
the subject-matter of the Pipe-lines Act 1962 (including section 5
(deemed planning permission)) so far as relating to pipelines within
the meaning of section 65 of that Act, the application of Scots law
and the jurisdiction of the Scottish courts in relation to offshore
activities, pollution relating to oil and gas exploration and
exploitation, but only outside controlled waters (within the meaning
of section 30A(1) of the Control of Pollution Act 1974), the
subject-matter of Part II of the Food and Environment Protection Act
1985 so far as relating to oil and gas exploration and exploitation,
but only in relation to activities outside such controlled waters,
restrictions on navigation, fishing and other activities in
connection with offshore activities, liquefaction of natural gas, and
the conveyance, shipping and supply of gas through pipes);
- coal (including its
ownership and exploitation, deep and opencast coal mining and coal
mining subsidence);
- nuclear energy (nuclear
energy and nuclear installations, including nuclear safety, security
and safeguards, and liability for nuclear occurrences);
- energy conservation
(the subject-matter of the Energy Act 1976, other than section 9).
Transport
- road transport (the
subject-matter of the Motor Vehicles (International Circulation) Act
1952, the Public Passenger
Vehicles Act 1981 and the Transport Act 1985, so far as relating to
public service vehicle operator licensing, section 17 (traffic
regulation on special roads), section 25 (pedestrian crossings), Part
V (traffic signs) and Part VI (speed limits) of the Road Traffic
Regulation Act 1984, the Road Traffic Act 1988 and the Road Traffic
Offenders Act 1988, the Vehicle Excise and
Registration Act 1994, the Road Traffic (New Drivers) Act 1995, and
the Goods Vehicles (Licensing of Operators) Act 1995, regulation of
proper hours or periods of work by persons engaged in the carriage of
passengers or goods by road, the conditions under which international
road transport services for passengers or goods may be undertaken,
regulation of the instruction of drivers of motor vehicles);
- rail transport (the
provision and regulation of railway services, excluding the promotion
and construction of railways which start, end and remain in Scotland,
rail transport security, the subject-matter of the Channel Tunnel Act
1987, the subject-matter of the Railway Heritage Act 1996);
- marine transport (the
subject-matter of the Coastguard Act 1925, the Hovercraft Act 1968,
except so far as relating to the regulation of noise and vibration
caused by hovercraft, the Carriage of Goods by Sea Act 1971, section
2 of the Protection of Wrecks Act 1973 (prohibition on approaching
dangerous wrecks), the Merchant Shipping (Liner Conferences) Act
1982, the Dangerous Vessels Act 1985, the Aviation and Maritime
Security Act 1990, other than Part I (aviation security), the
Carriage of Goods by Sea Act 1992, the Merchant Shipping Act 1995,
the Shipping and Trading Interests (Protection) Act 1995, and
sections 24 (implementation of international agreements relating to
protection of wrecks), 26 (piracy) and 27 and 28 (international
bodies concerned with maritime matters) of the Merchant Shipping and
Maritime Security Act 1997, navigational rights and freedoms,
financial assistance for shipping services which start or finish or
both outside Scotland);
- air transport (the
regulation of aviation and air transport, including the
subject-matter of the Carriage by Air Act 1961, the Carriage by Air
(Supplementary Provisions) Act 1962, the Carriage by Air and Road Act
1979 so far as relating to carriage by air, the Civil Aviation Act
1982, the Aviation Security Act 1982, the Airports Act 1986, and
sections 1 (endangering safety at aerodromes) and 48 (powers in
relation to certain aircraft) of the Aviation and Maritime Security
Act 1990, and arrangements to compensate or repatriate passengers in
the event of an air transport operator’s insolvency);
- other matters (the
transport of radioactive material. technical specifications for
public passenger transport for disabled persons, including the
subject-matter of section 125(7) and (8) of the Transport Act 1985
(Secretary of State’s guidance and consultation with the Disabled
Persons Transport Advisory Committee), and Part V of the Disability
Discrimination Act 1995 (public transport), regulation of the
carriage of dangerous goods);
Social Security
- social security schemes
(schemes supported from central or local funds which provide
assistance for social security purposes to or in respect of
individuals by way of benefits requiring persons to establish and
administer schemes providing assistance for social security purposes
to or in respect of individuals, or make payments to or in respect of
such schemes, and to keep records and supply information in
connection with such schemes, the circumstances in which a person is
liable to maintain himself or another for the purposes of the
enactments relating to social security and the Child Support Acts
1991 and 1995, the subject-matter of the Vaccine Damage Payment
Scheme, National Insurance, Social Fund, administration and funding
of housing benefit and council tax benefit, recovery of benefits for
accident, injury or disease from persons paying damages, deductions
from benefits for the purpose of meeting an individual’s debts,
sharing information between government departments for the purposes
of the enactments relating to social security, making decisions for
the purposes of schemes mentioned in the reservation and appeals
against such decisions);
- child support (the
subject-matter of the Child Support Acts 1991 and 1995);
- occupational and
personal pensions (the regulation of occupational pension schemes and
personal pension schemes, including the obligations of the trustees
or managers of such schemes, provision about pensions payable in
relation to a Scottish public authority with mixed functions or no
reserved functions, or persons who are or have been a member of the
public body, the holder of the public office, or a member of the
staff of the body, holder or office, the subject-matter of the
Pensions (Increase) Act 1971, where pension payable to or in respect
of any class of persons under a public service pension scheme is
covered by this reservation, so is making provision in their case for
compensation for loss of office or employment, for their office or
employment being affected by constitutional changes, or circumstances
arising from such changes, in any territory or territories or for
loss or diminution of emoluments, or for benefits in respect of death
or incapacity resulting from injury or disease);
- war pensions (schemes
for the payment of pensions for or in respect of persons who have a
disablement or have died in consequence of service as members of the
armed forces of the Crown, the subject-matter of any scheme under the
Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5
and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine)
Act 1939 or section 1 of the Polish Resettlement Act 1947, the
provision of pensions under the Naval, Military and Air Forces Etc.
(Disablement and Death) Service Pensions Order 1983.
Regulation of the
Professions
- architects (regulation
of the profession of architect);
- health professions
(regulation of the health professions governed by the Pharmacy Act
1954, the Professions Supplementary to Medicine Act 1960, the
Veterinary Surgeons Act 1966, the Medical Act 1983, the Dentists Act
1984, the Opticians Act 1989, the Osteopaths Act 1993, the
Chiropractors Act 1994, and the Nurses, Midwives and Health Visitors
Act 1997);
- auditors (regulation of
the profession of auditor).
Employment
- employment and
industrial relations (employment rights and duties and industrial
relations, including the subject-matter of the Employers’ Liability
(Compulsory Insurance) Act 1969, the Employment Agencies Act 1973,
the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, the Transfer of
Undertakings (Protection of Employment) Regulations 1981, the Trade
Union and Labour Relations (Consolidation) Act 1992, the Employment
Tribunals Act 1996], the Employment Rights Act 1996, and the National
Minimum Wage Act 1998);
- health and safety (the
subject-matter of Part I of the Health and Safety at Work etc. Act
1974, the Health and Safety Commission, the Health and Safety
Executive and the Employment Medical Advisory Service);
- job search and support
(the subject-matter of the Disabled Persons (Employment) Act 1944,
and the Employment and
Training Act 1973, except so far as relating to training for
employment).
Health and Medicines
- embryology, surrogacy
and genetics (surrogacy arrangements, within the meaning of the
Surrogacy Arrangements Act 1985, including the subject-matter of that
Act, the subject-matter of the Human Fertilisation and Embryology Act
1990, human genetics);
- medicines, medical
supplies and poisons (the subject-matter of the Medicines Act 1968,
the Marketing Authorisations for Veterinary Medicinal Products
Regulations 1994 and the Medicines for Human Use (Marketing
Authorisations Etc.) Regulations 1994, the Poisons Act 1972, and the
Biological Standards Act 1975, regulation of prices charged for
medical supplies or medicinal products which (in either case) are
supplied for the purposes of the health service established under
section 1 of the National Health Service (Scotland) Act 1978);
- welfare foods (schemes
made by regulations under section 13 of the Social Security Act 1988
(schemes for distribution of welfare foods).
Media and Culture
- broadcasting (the
subject-matter of the Broadcasting Act 1990 and the Broadcasting Act
1996, the British Broadcasting Corporation);
- public lending right
(the subject-matter of the Public Lending Right Act 1979);
- Government Indemnity
Scheme (the subject-matter of sections 16 and 16A of the National
Heritage Act 1980 (public indemnities for objects on loan to museums,
art galleries, etc.));
- property accepted in
satisfaction of tax (the subject-matter of sections 8 and 9 of the
National Heritage Act 1980 (payments to Inland Revenue in respect of
property accepted in satisfaction of tax, and disposal of such
property).
Miscellaneous
- judicial remuneration
(determination of the remuneration of judges of the Court of Session,
sheriffs principal and sheriffs, members of the Lands Tribunal for
Scotland, and the Chairman of the Scottish Land Court);
- equal opportunities
(including the subject-matter of the Equal Pay Act 1970, the Sex
Discrimination Act 1975, the Race Relations Act 1976, and the
Disability Discrimination Act 1995);
- control of weapons
(control of nuclear, biological and chemical weapons and other
weapons of mass destruction);
- ordnance survey (the
subject-matter of the Ordnance Survey Act 1841);
- time (timescales, time
zones and the subject-matter of the Summer Time Act 1972, the
calendar; units of time; the date of Easter);
- outer space (regulation
of activities in outer space).