Towards a Fairer Scotland? Assessing the Prospects and Implications of Social Security Devolution

Author(s):  
Nicola McEwen

Following the Scotland Act (2016), the Scottish Parliament now has significant autonomy over aspects of social security. This chapter examines the scope of the new social security powers and some early decisions on their implementation. It suggests that the focus of the new powers, their interdependence with the UK welfare system, and demographic and financial challenges will constrain radical change.

2001 ◽  
Vol 1 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Jean McFadden

The Scotland Act 1998 which established the Scottish Parliament confers on that Parliament the power to make laws which are known as Acts of the Scottish Parliament. However, the legislative competence of the Parliament is restricted. The main restriction relates to reserved matters, that is those matters which the UK Parliament has not devolved to the Scottish Parliament. These are listed in sch 5 to the Act and cover such matters as defence, taxation, social security and macro-economics. Other significant restrictions on the Parliament's legislative competence are that an Act of the Scottish Parliament cannot make any provision which is incompatible with the European Convention on Human Rights (ECHR) or with European Community law, nor can an Act of the Scottish Parliament modify certain “protected enactments” - including most provisions of the Scotland Act 1998 itself and the Human Rights Act I 998. Finally, an Act of the Scottish Parliament cannot have effect outside Scotland, nor can it remove the Lord Advocate from his position as head of the systems of criminal prosecutions and investigation of deaths in Scotland. An Act of the Scottish Parliament is not law so far as any provision of it is outside the Parliament's legislative competence


2020 ◽  
pp. 1-19
Author(s):  
SHARON WRIGHT ◽  
PETER DWYER

Abstract Universal Credit is the UK’s globally innovative social security reform that replaces six means tested benefits with one monthly payment for working age claimants - combining social security and tax credit systems. Universal Credit expands welfare conditionality via mandatory job search conditions to enhance ‘progression’ amongst working claimants by requiring extra working hours or multiple jobs. This exposes low paid workers to tough benefit sanctions for non-compliance, which could remove essential income indefinitely or for fixed periods of up to three years. Our unique contribution is to establish how this new regime is experienced at micro level by in-work claimants over time. We present findings from Qualitative Longitudinal Research (141 interviews with 58 claimants, 2014-17), to demonstrate how UC impacts on in-work recipients and how conditionality produces a new coerced worker-claimant model of social support. We identify a series of welfare conditionality mismatches and conclude that conditionality for in-work claimants is largely counterproductive. This implies a redesign of the UK system and serves as an international warning to potential policy emulators.


2020 ◽  
pp. jech-2020-214770
Author(s):  
Elizabeth Richardson ◽  
Martin Taulbut ◽  
Mark Robinson ◽  
Andrew Pulford ◽  
Gerry McCartney

BackgroundLife expectancy (LE) improvements have stalled, and UK tax and welfare ‘reforms’ have been proposed as a cause. We estimated the effects of tax and welfare reforms from 2010/2011 to 2021/2022 on LE and inequalities in LE in Scotland.MethodsWe applied a published estimate of the cumulative income impact of the reforms to the households within Scottish Index of Multiple Deprivation (SIMD) quintiles. We estimated the impact on LE by applying a rate ratio for the impact of income on mortality rates (by age group, sex and SIMD quintile) and calculating the difference between inflation-only changes in benefits and the reforms.ResultsWe estimated that changes to household income resulting from the reforms would result in an additional 1041 (+3.7%) female deaths and 1013 (+3.8%) male deaths. These deaths represent an estimated reduction of female LE from 81.6 years to 81.2 years (−20 weeks), and male LE from 77.6 years to 77.2 years (−23 weeks). Cuts to benefits and tax credits were modelled to have the most detrimental impact on LE, and these were estimated to be most severe in the most deprived areas. The modelled impact on inequalities in LE was widening of the gap between the most and least deprived 20% of areas by a further 21 weeks for females and 23 weeks for males.InterpretationThis study provides further evidence that austerity, in the form of cuts to social security benefits, is likely to be an important cause of stalled LE across the UK.


Author(s):  
Jim Phillips

The 1984-85 miners’ strike in defence of collieries, jobs and communities was an unsuccessful attempt to reverse the change in economic direction driven in the UK by Margaret Thatcher’s Conservative governments. The government was committed to removing workforce voice from the industry. Its struggle against the miners was a war against the working class more generally. Mining communities were grievously affected in economic terms by the strike and its aftermath, but in the longer run emerged with renewed solidarity. Gender relations, evolving from the 1960s as employment opportunities for women increased, changed in further progressive ways. This strengthened the longer-term cohesion of mining communities. The strike had a more general and lasting political impact in Scotland. The narrative of a distinct Scottish national commitment to social justice, attacked by a UK government without democratic mandate, drew decisive moral force from the anti-Thatcherite resistance of men and women in the coalfields. This renewed the campaign for a Scottish Parliament, which came to successful fruition in 1999.


Author(s):  
Philip Schlesinger

This chapter illustrates how ‘most of the Holyrood political class has been reluctant to explore the boundaries between the devolved and the reserved’, even on less life-and-death issues such as broadcasting. Conversely, it also tells of at least one post-devolution success story for classic informal pre-devolution-style ‘Scottish lobbying’ in Westminster. Scotland is presently one of the UK's leading audiovisual production centres, with Glasgow as the linchpin. The capacity of the Scottish Parliament to debate questions of media concentration but also its incapacity to act legislatively has been observed. There are both political and economic calculations behind the refusal to devolve powers over the media via the Communications Act 2003. Ofcom now has a key role in policing the terms of trade for regional production that falls within a public service broadcaster's target across the UK. The BBC's position as the principal vehicle of public service broadcasting has come increasingly under question. The Gaelic Media Service set up under the Communications Act 2003 has a line of responsibility to Ofcom in London. Scottish Advisory Committee on Telecommunications (SACOT) determined four key regulatory issues needing future attention by Ofcom.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary from author Thomas Webb.


Author(s):  
Emma Davidson

This chapter demonstrates how, in the UK, austerity has not been limited to the provision of social security. Most government departmental budgets were cut and there was a clear shift in responsibility from central to local government, which also had its budgets slashed. The cuts to local government have also resulted in a marked decrease in the provision of key services. The chapter finds that libraries can be important spaces for support workers to meet clients, as well as for those with fewer resources to access computers, books, or simply a safe communal space outside of their home. Future lack of investment in universal public services may perpetuate and further widen the inequalities in access to these resources.


2019 ◽  
Vol 122 (1) ◽  
pp. 49-63
Author(s):  
Jacqueline Gibbs ◽  
Aura Lehtonen

This article offers a reading of Ken Loach’s 2016 film I, Daniel Blake, a fictionalised account of experiences of the UK welfare system in conditions of austerity. We consider, firstly, the significant challenge the film poses to dominant figurations of welfare recipients under austerity, through a focus on vulnerability to state processes. We follow with a reading of some of the film’s interventions in relation to reciprocity, drawing on the important trajectories of care, community and resistance that the film renders visible through the collective stories of the major characters. Finally, we conclude with reflections on citizenship, subject narratives and alternative imaginaries of ‘deservingness’. Our article offers an ‘against the grain’ reading (hooks, 1996; Wearing, 2013) of the film, highlighting some of the radical possibilities of the more minor moments, character arcs and subject positionalities within the film’s central narrative of Daniel’s experiences in the shadow of the steadily crumbling welfare state.


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