Kilbrandon Commission

Following the Scottish National Party gaining its first peacetime MP in the 1967 Hamilton by-election and Plaid Cymru's first win at the 1966 Carmarthen by-election in Wales, the United Kingdom government set up the Royal Commission on the Constitution, referred to as the Kilbrandon Commission, in 1969. The royal commission was intended to look at the constitutional structure of the United Kingdom and consider changes that should be made. The final report was published in 1973.

The commission examined various models of devolution, federalism and confederalism, on top of the break-up of the UK into separate sovereign states.

In relation to Scotland, eight of the commission's members supported a Scottish Assembly, via a devolved structure. It would recommended that the assembly would have around 100 members, elected under single transferable vote from multi-member constituencies. The assembly would obtain powers in the areas of education, environment, health, home affairs, legal matters and social services, while agriculture, fisheries and food would be divided between the assembly and the UK government.

Previous Legislation

After returning to power with a minority government in February 1974 election, Harold Wilson's Labour government published a white paper entitled Democracy and Devolution: Proposals for Scotland and Wales, published in September 1974. The party gained a narrow majority of three seats in the election in October.

By 1976, the Labour government, now led by James Callaghan, had lost its parliamentary majority entirely following a series of adverse by-election results. To provide a stable majority in the House of Commons, the government made an agreement with the Scottish National Party and Plaid Cymru whereby, in return for their support in Commons votes, the government would instigate legislation to devolve political powers from Westminster to Scotland and Wales.^[1]

The Scotland and Wales Bill was subsequently introduced in November 1976, but the government struggled to get the legislation through parliament. The Conservative opposition opposed its second reading, and on the first day of committee 350 amendments were put down. Progress slowed to a crawl. In February 1977, the Bill's cabinet sponsor Michael Foot tabled a guillotine motion to attempt to halt the delays. The motion was rejected and the government was forced to withdraw the Bill.^[1]

Proposed Assembly

Had the Scotland Act 1978 entered force, it 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.

The Scottish Assembly would have had the power to introduce primary legislation to be known as "Measures" (rather than Acts) within defined areas of competence. This form of legislation would not receive royal assent like Acts of Parliament do. Instead, the legislation is signed via an Order in Council, which the monarch signs and appends to the assembly measure once passed. Some new offices would have been created, such as a Comptroller and Auditor General for Scotland.

The areas of responsibility included:

• Education
• The environment
• Health
• Home affairs
• Legal matters
• Social services

Responsibility for agriculture, fisheries and food would have been divided between the Assembly and the United Kingdom government, while the latter would have retained control of electricity supply.