Devolution of reserved tribunals: FOI release

Information requested

Please could you confirm the following:

a) What is the Scottish Government's policy on the devolution of the reserved tribunals, as permitted by section 39 of the Scotland Act 2016 (SA 2016)?

NB: I have read that the Scottish Government does not intend to pursue devolution of the reserved tribunals during the current Scottish parliamentary term ending in 2026. However, that is not my question here. My question is about the principle of devolving the reserved tribunals.

b) What is the Scottish Government's current target date to have (i) at least one reserved tribunal devolved, and (ii) all reserved tribunals devolved?

c) Which reserved tribunal or tribunals are being prioritised for devolution?

d) GIven that it will have been a decade next year since the power to devolve the reserved tribunals was provided for by SA 2016, why has a Scottish Government whose policy is that Scotland would be better off as an independent country, with independent institutions of its own across all policy areas, including in the field of tribunals, not pursued the devolution of the reserved tribunals with greater focus, pace, and determination?

Response

a) What is the Scottish Government's policy on the devolution of the reserved tribunals, as permitted by section 39 of the Scotland Act 2016 (SA 2016)?
NB: I have read that the Scottish Government does not intend to pursue devolution of the reserved tribunals during the current Scottish parliamentary term ending in 2026. However, that is not my question here. My question is about the principle of devolving the reserved tribunals.

The Scottish Government is committed to securing the devolution of reserved tribunals, in line with recommendations from the Smith Commission Report (“Smith Commission”) in 2014.

b) What is the Scottish Government's current target date to have (i) at least one reserved tribunal devolved, and (ii) all reserved tribunals devolved?

The Scottish Government remains committed to completing the devolution of reserved tribunals, in line with the Smith Commission Report in 2014 recommendations. The timeline for achieving this is subject to the UK Government progressing the relevant legislation for effecting the transfer of reserved tribunal functions.

c) Which reserved tribunal or tribunals are being prioritised for devolution?

The Scottish Government and UK Government agreed that the devolution of reserved tribunals would take place in two tranches. Tranche 1 consists of employment, tax, social security and child support. The remaining tribunals as appropriate will be devolved under tranche 2.

d) Given that it will have been a decade next year since the power to devolve the reserved tribunals was provided for by SA 2016, why has a Scottish Government whose policy is that Scotland would be better off as an independent country, with independent institutions of its own across all policy areas, including in the field of tribunals, not pursued the devolution of the reserved tribunals with greater focus, pace, and determination?

In a published paper Building a New Scotland: Justice in an independent Scotland, published in April 2024, the Scottish Government outlined its ongoing commitment to the devolution of the reserved tribunals and how this could be taken forward in an independent Scotland.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.