On Thursday this week, the Devolution (Further Powers) Committee will take evidence on the Smith Commission proposals to devolve responsibility for the administration and management of the property, rights and interests that comprise the Crown Estate in Scotland (paras 32-25 of the Smith Commission report). (1) With the property rights of the Crown already devolved under the Scotland Act 1998 and with other Crown property rights already administered by the Crown Office in Edinburgh, this should complete the full devolution of the Crown’s property, rights and interests in Scotland. (2)

Unfortunately, the Command Paper (Scotland in the UK: an enduring settlement) published in January, recommends a complex “transfer scheme” whereby the functions of the Crown Estate Commissioners (CEC) will be devolved. It also recommends that the CEC be able to continue to acquire property in Scotland – a proposal that is a recipe for confusion and chaos.

All that is required to implement the Smith Commission proposals is a series of simple legislative amendments to the Scotland Acts of 1998 and 2012 and the Crown Estate Act 1961 – all to the effect that the CEC no longer operate in Scotland, that the Scottish Parliament has full legislative competence over Crown land in Scotland and that statutory responsibility for exercising the function of the CEC is henceforth vested in Scottish Ministers. A discussion and debate can then take place in Scotland as to how to implement a programme of decentralisation – a recommendation endorsed by all the political parties represented on the Smith Commission as reflected in paragraph 33 of its final report.

I have outlined my full views in written evidence if you are interested in further detail. Meanwhile, I look forward to giving evidence to the Committee on Thursday.


(1) Papers for the meeting are here and here.

(2) The Crown’s property rights are devolved under Section 3(1) of Schedule 5 of the Scotland Act 1998. The Crown’s property rights that are already administered in Scotland are those under the control of the Queen’s and Lord Treasurer’s Remembrancer whose revenues have been paid into the Scottish Consolidated Fund since devolution in 1999.

Yesterday’s Scottish Edition of the Mail on Sunday carried a front page splash claiming that Nicola Sturgeon was refusing to contribute to the costs of running the Royal Family. An editorial then provided further condemnation of the First Minister’s “plan to stop funding the Royal Family’s Sovereign Grant”. The piece was written by Hamish MacDonell, a journalist whose standards of journalism I questioned in March 2013 over another piece written for the Daily Mail.

I described Sunday’s story on twitter as  “a dung heap of unadulterated, fabricated crap”.

Today, Macdonell recycles the same rubbish in an article on the Spectator’s Coffee House blog claiming that Nicola Sturgeon is “picking a fight with the Queen”. Every paragraph of this article is strewn with errors, smears and downright untruths.

Historically the costs of the Royal Family was met from the Civil List – a sum of money voted by Parliament. In 2011, this arrangement was replaced by the Sovereign Grant under the terms of the Sovereign Grant Act 2011 (see previous blogs here and here in which I criticise this act and predict the problems it will cause). The Act provides that an annual grant be made to the Queen from the Treasury [s.1(1)] with funds provided by Parliament [s.1(6)]. Section 6 provides that the annual amount be calculated with reference to the annual net surplus of the Crown Estate beginning with a sum equivalent to 15%. The latest report from the Royal Trustees on the Sovereign Grant was published last week.

The Smith Commission recommended that responsibility for the Crown Estate be devolved and that the Crown Estate Commissioners no longer have any jurisdiction in Scotland. It also noted (para. 35) that the “responsibility for financing the Sovereign grant will need to reflect this revised settlement for the Crown Estate.”

Here are the facts that any competent journalist who is not engaged in a smear campaign should be able to establish.

1. The Crown Estate revenues do not finance the Royal Household. They merely provide a benchmark against which the Sovereign grant is calculated. The grant is paid out of funds voted by Parliament. (1)

2. The financing of the Royal Household is a reserved matter and neither Nicola Sturgeon, the Scottish Government or the Scottish Parliament have any responsibility whatsoever for it. There are no proposals in the Smith Commission or anywhere else to change this.

3. The Smith Commission notes the issue in relation to the Sovereign Grant because once the Crown Estate is devolved, the revenues of the Crown Estate that are remitted to HM Treasury will suffer a one-off reduction by the amount of the revenues generated from Scotland. Such an adjustment will presumably be made by altering the 15% figure to a slightly higher figure and the Sovereign Grant will continue to be paid by the Treasury from funds voted by the UK Parliament as it is now.

None of this has got anything to do with the Scottish Government. There is no snub and no refusal to do anything for the simple reason that the financing of the Royal Household is and continues to be a reserved matter.

I understand the Daily Mail publishing this rubbish – very little of that it reports bears much relation to reality.

I am more disappointed that the Spectator magazine allowed such a dung heap of unadulterated, fabricated crap be published in what is a high quality current affairs magazine.


(1)  George Osborne himself noted in Parliament that the Crown Estate revenues are merely “not a bad proxy for how the economy and the economy are doing”. See blog in which I argue that one might as well link the Sovereign Grant to the profits of the stilton cheese industry.




I have not had the time to submit any very full-some submission to the Smith Commission on further devolution but I did send the following email today. I would also commend readers to the submission by the Scottish Trades Union Congress which is particularly sharp on the kinds of tools needed to develop a prosperous and fair society in Scotland.

Dear Lord Smith,

There are two specific powers which I would like to see form part of a further suite of devolved powers to the Scottish Parliament.
The Crown Estate
I have argued on many occasions that the Crown Estate Commissioners should have no role in Scotland. Evidence presented to the UK Treasury Committee, Scotland Bill Committee and Scottish Affairs Committee can be found here at the foot of the page.
The Crown Estate is a public estate and it’s administration and management should (like all other public land in Scotland) be within the legislative competence of the Scottish Parliament.
This can be achieved by repealing Section 2(3) of Schedule 5 (Part 1) of the Scotland Act 1998.
Honours and Dignities
To promote a more equal Scotland it is no longer appropriate in my view that there be an official order of precedence in Scotland. I would like to see the abolition of almost all honours and dignities. Others may take a different view. To enable such a debate to take place, the system of honours and dignities should be devolved.
This can be achieved by repealing Section 2(2) of Schedule 5 (Part 1) of the Scotland Act 1998.
Thank you.
best wishes
Andy Wightman