Scottish Government

The Scottish Government (Scottish Gaelic: Riaghaltas na h-Alba, pronounced [ˈrˠiə.əl̪ˠt̪əs nə ˈhal̪ˠapə]) is the executive organ of Scotland's devolved administration. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in the capital city, Edinburgh. It has been described as one of the most powerful devolved governments globally, with full legislative control over a number of areas, including education, healthcare, justice and the legal system, rural affairs, housing, the crown estate, the environment, emergency services, equal opportunities, public transport, and tax, amongst others.

Ministers are appointed by the first minister with the approval of the Scottish Parliament and the monarch from among the members of the Parliament. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as Cabinet secretaries and ministers, in addition to two law officers: the lord advocate and the solicitor general for Scotland. Collectively the Scottish Ministers and the Civil Service staff that support the Scottish Government are formally referred to as the Scottish Administration. Only the first minister and their deputy, cabinet secretaries, the law officers, the permanent secretary and Minister for Parliamentary Business serve within the Scottish Cabinet.

The Scottish Government consists of the Scottish Ministers, which is the term used to describe their collective legal functions. The Scottish Government is accountable to the Scottish Parliament, which was also created by the Scotland Act 1998 with the first minister appointed by the monarch following a proposal by the Parliament. The Scottish Parliament can legislate on any matter that is not reserved to the Parliament of the United Kingdom.

Prior to the Treaty of Union 1707, the Crown in Scotland was the most important element of government in the Kingdom of Scotland despite the many royal minorities. Government in the Kingdom of Scotland was mostly executed by the Privy Council of Scotland, the body of advisers to the Scottish monarch. Recognised as having substantially more powers than the parliament, its responsibilities included the political, administrative, economic and social affairs of the country, and supervised the administration of the law, regulated trade and shipping, took emergency measures against the plague, granted licences to travel, administered oaths of allegiance, banished beggars and gypsies, dealt with witches, recusants, Covenanters and Jacobites and tackled the problem of lawlessness in the Highlands and the Borders.

In the late Middle Ages, it saw much of the aggrandisement associated with the New Monarchs elsewhere in Europe. Theories of constitutional monarchy and resistance were articulated by Scots, particularly George Buchanan, in the 16th century, but James VI of Scotland advanced the theory of the divine right of kings, and these debates were restated in subsequent reigns and crises. The court remained at the centre of political life, and in the 16th century emerged as a major centre of display and artistic patronage, until it was effectively dissolved with the Union of the Crowns in 1603. The Parliament of Scotland also emerged as a major legal institution, gaining an oversight of taxation and policy. By the end of the Middle Ages it was sitting almost every year, partly because of the frequent royal minorities and regencies of the period, which may have prevented it from being sidelined by the monarchy.

The signing of the 1707 Treaty of Union ended the political independence of Scotland. The Parliament of Scotland, that country's legislature situated at Parliament House, Edinburgh, was subsumed into the Parliament of Great Britain which would be based in London. Following the ratification of the Treaty of Union, Parliament House became the seat of the Supreme Courts of Scotland in which it remains today. Under the terms of the Treaty of Union, various elements of independence from England were retained for Scotland, such as a separate education and legal system (including the Scottish court system – Court of Session and High Court of Justiciary) as was the countries church and religion. Additionally, the Crown of Scotland and the Honours of Scotland were to remain in Scotland, as were all parliamentary and other official records.

In 1885, many domestic policy functions relating to Scotland were brought into the responsibility of the Scottish Office, a department of the Government of the United Kingdom which was headed by a Secretary for Scotland, later the Secretary of State for Scotland. In 1969, a Royal Commission on the Constitution was established to examine the constitutional composition in which various models to introduce devolution in Scotland was considered, some of which were accepted whilst some were rejected. During the 1970s, there was increasing pressure to reform the constitution, and thus, the Labour government under Prime Minister James Callaghan, held a referendum on Scottish devolution in 1979. The referendum would have enacted the Scotland Act 1978, and would have created a Scottish Assembly with limited legislative powers. There would have been a Scottish Executive headed by a "First Secretary", taking over some of the functions of the Secretary of State for Scotland. Meetings of the Scottish Assembly would have been held at the Old Royal High School in Regent Road, Edinburgh. The former school hall was adapted for use by the Scottish Assembly, including the installation of microphones and new olive-green leather seating. Members would have been elected by the "first past the post" system. Despite a majority of the Scottish population voting Yes in the 1979 referendum (52% in favour), it only amounted to 33% of the electorate and therefore was not recognised.

The 1979 Conservative Party government, headed by Prime Minister Margaret Thatcher, did not support devolution for Scotland as detailed in the Scotland Act 1978. Instead, it supported the devolution of further powers to the administrative government of Scotland and allowing special treatment of Scottish business in Parliament.