Constitutional role of Scottish Government in the operation of the Lord Lieutenants in Scotland: FOI release

Information requested

The Scotland Act 1998 does not cover the operation of Lord-Lieutenants. They are directly responsible to the Monarch. Therefore, without a constitutional role why is the Scottish Government involved at all in the activities of the Lord-Lieutenants?

Response

Lord-Lieutenants are the Monarch’s representative in their lieutenancy areas across the whole of the United Kingdom. The functions of Lord-Lieutenants are largely ceremonial and include representing the Crown in various capacities e.g. attending visits, attending upon visiting Heads of State, presenting medals and colours.

The Scotland Act 1998 reserves the subject-matter of the Lieutenancies Act 1997. That Act makes provision for the division of Scotland into areas for lieutenancy purposes, for the appointment of Lord-Lieutenants, the appointment and removal of Deputy Lieutenants, Vice Lord-Lieutenants and clerks of lieutenancies and about the functions and privileges of each office.

The devolution settlement also includes special arrangements for giving advice to the Monarch put in place at the time of devolution as described in a Prime Ministerial answer on 30 June 1999 (WA col 215) and an associated paper deposited in the House of Commons Library. Part of that answer was as follows:

“There are some matters in respect of which the Prime Minister gives advice to Her Majesty on the exercise of Her functions and on which it is appropriate for the Prime Minister to consult or to take advice from the First Minister. These matters include recommendations of Scottish candidates for honours and dignities, which are a reserved matter, and advice on the appointment of Lord-Lieutenants in Scotland, the Lord High Commissioner to the General Assembly of the Church of Scotland and members of the Royal Commission on Environmental Pollution and the Forestry Commission.”

The Scottish Government is consequently engaged in the development of advice from the First Minister to the Prime Minister to be provided to the Monarch as regards the appointment of Lord-Lieutenants in Scotland. The Scottish Government is also responsible for providing some administrative support, principally reimbursing expenses incurred by Lord-Lieutenants in the course of their duties, in a similar way to what happens in England through the Cabinet Office, in Wales via the Welsh Government and in Northern Ireland through the Northern Ireland Office.

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