To ask the Scottish Executive what role and powers it has in respect of the (a) National Lottery, (b) New Opportunities Fund and (c) Community Fund; what discussions it has had with the UK Government regarding possible legislation to change the structure and organisation of the National Lottery, and whether the Scottish Parliament will be consulted on any such changes and, if so, how that consultation will be achieved.
Although the National Lottery is reserved to Westminster, and the policy lead lies with the Secretary of State for Culture, Media and Sport, there is extensive executive devolution of the National Lottery in Scotland.
There are three Scottish lottery distributors – the Scottish Arts Council, Scottish Screen and Sportscotland – with Scottish ministers appointing these bodies, issuing lottery policy directions, approving lottery strategic plans, and laying their lottery annual report and accounts before Westminster and the Scottish Parliament.
Scottish ministers are consulted on the appointment of the Scottish member of the Heritage Lottery Fund; indeed the Scottish Executive is running the current exercise to appoint a new Scottish member on behalf of the Department for Culture, Media and Sport. The Heritage Lottery Fund’s Scottish Committee determines awards in Scotland up to £2 million, with larger awards being determined by the UK board.
The Big Lottery Fund is a merger of the New Opportunities Fund and Community Fund and is governed by a co-terminous board which has three Scottish members who were appointed in consultation with Scottish ministers. The Scottish Executive ran an appointments exercise for the third Scottish member earlier this year.
Scottish ministers are consulted on policy directions to the UK lottery distributors and have the power to issue Directions to the New Opportunities Fund on its Scotland-only programmes.
The UK Government has agreed that the devolved administrations should have more influence in setting priorities for the National Lottery and in programme development, and that more decision-making should be devolved to the home countries unless there is a clear need for a UK approach. The Department for Culture, Media and Sport Bill has proposed a Lottery Bill which, among other provisions, would provide new functions and powers for the Scottish ministers in relation to the Big Lottery Fund. Under the Lottery Bill, Scottish ministers’ agreement would be required to the appointment of a Scottish member to the UK board and to the appointment of a Scottish Committee. Scottish ministers would issue policy directions to the fund in relation to all “devolved expenditure” in Scotland. Scottish ministers would receive the annual accounts of the fund which will enable them to be provided to the Scottish Parliament. Within a UKframework, the Lottery Bill would therefore give Scottish ministers functionsand powers in respect of the key strategic controls of the Big Lottery Fund’s Scottish operations.
The Scottish Parliament will be asked, by means of a Sewel Motion, to agree that the provisions in the National Lottery Bill that relate to the executive competence of the Scottish Ministers should be considered by the UK Parliament.