The Scottish Parliament and law making
The Scottish Parliament and law making

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2 The Scotland Act 2012

In 2007 the Scottish Parliament voted to establish the Commission on Scottish Devolution (known as the Calman Commission after the Chair of the Commission, Professor Sir Kenneth Calman) to review how devolution was working and whether any amendments were needed to make it effective. The Commission was to provide an independent review. Its terms of reference are in Box 2.

Box 2 Terms of reference of the Calman Commission

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, that would improve the financial accountability of the Scottish Parliament and that would continue to secure the position of Scotland within the United Kingdom (Holden, 2010)

Following wide-ranging consultations the Commission made a number of recommendations in its final report Serving Scotland Better: Scotland and the United Kingdom in the 21st Century (Commission on Scottish Devolution, 2009).

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Figure 2 Recommendations from Serving Scotland Better: Scotland and the United Kingdom in the 21st Century

The Calman Commission provides an illustration of the difference between the roles of the Scottish Parliament and Scottish Government (Executive). The Calman Commission was established by the Scottish Parliament. The Scottish Government (Executive) had voted against the establishment of the Commission when the proposal was made in Parliament, although it later cooperated with the Commission.

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