What role and powers does Scotland's First Minister have?
Quick version
The leader of the Scottish Government is known as the First Minister for Scotland.
Responsibilities of the First Minister for Scotland include:
leading Scottish Government - deciding direction and priorities
choosing members of government - Depute First Minister, cabinet secretaries and other ministers
chairing the Scottish cabinet
nominating the appointment of law officers - the Lord Advocate, Solicitor General and judges
representing Scotland at home and abroad
leading their political party
The First Minister only has power over devolved matters.
They are accountable to their cabinet, political party, the Scottish Parliament and, ultimately, the people of Scotland.
Video
Watch this video on the role of the First Minister of Scotland.
The leader of the Scottish Government is known as the First Minister of Scotland.
Officially they are appointed by the monarch, but that's after they've been elected by members of the Scottish Parliament.
Technically, any MSP can become First Minister, but in practice it's normally the MSP who leads the biggest political party here at Holyrood.
This is Bute House in Edinburgh, the official residence of the First Minister.
Now the First Minister is ultimately in charge of many important areas such as the health system, education and transport.
But they don't look after all of this on their own.
They select other MSPs to become cabinet secretaries who are in charge of a certain brief.
For example, the Cabinet Secretary for Health is in charge of the health system.
The cabinet secretaries meet here in the Cabinet Room at Bute House.
Now cabinet is the main decision making body of the Scottish Government.
They meet to discuss the running of the country and any issues that might need to be addressed.
The cabinet is chaired by the First Minister.
The First Minister also selects more junior government ministers, who rank below cabinet secretaries, and help them to do their job.
At any point, the First Minister can shake up his team and change the people who are in charge at certain departments.
The First Minister can also approve deals with other political parties, which can help to give the government more stability.
So, the First Minister has a political team and the support of non-political civil servants to help make their plans a reality.
But ultimately, it's the first Minister who's responsible for anything and everything the government does, from policies to budgets.
They're also often the face of Scotland and help to represent the country abroad.
The First Minister may be in charge, but they do face restrictions on their power.
If the government wants to pass a new law or a budget, they have to get a majority of MSPs in the Scottish Parliament to back it.
This may involve getting other political parties on site. If MSPs lose faith in the Scottish Government, they can vote to remove it, including the First Minister from office.
And the First Minister also faces losing their job if their own political party decides that they want to change leader.
The First Minister regularly faces scrutiny, such as questions from journalists like me and, of course, questions from MSPs here in the chamber at Holyrood.
There's a weekly 45 minute session known as First Minister's Questions or FMQs, where MSPs get to quiz the First Minister on a number of issues.
Many of these questions are unknown in advance, so the First Minister has to be able to think on their feet.
So from running many of the services we rely on to answering questions here in the Holyrood chamber, to representing Scotland abroad and anything else that might come up, that's the role of Scotland's First Minister.
Learn in more depth
How is the First Minister chosen?
Just as decisions about Scotland are shared between the Scottish Parliament and the UK Parliament, Scotland is partly governed by the Scottish Government led by the First Minister for Scotland, and partly by the UK Government led by the Prime Minister.
The role of First Minister and Prime Minister have a number of similarities:
| First Minister | Prime Minister |
|---|---|
| leads Scottish Government | leads UK Government |
| elected by majority of all MSPs | elected by members of own political party |
| appointed by King or Queen. | appointed by monarch |
As the First Minister is chosen by all MSPs, in theory, any MSP can become First Minister.
In practice, they are the leader of the party with the most MSPs.
How does the First Minister lead the Scottish Government?
The First Minister leads the Scottish Government by deciding on government strategy and the policies it will introduce.
These depend on:
- what issues the First Minister and the government decide are most important
- what priorities their political party campaigned on during an election
- if promises are not met the electorate will lose trust in the FM and government
- what actions are practical and possible
- there needs to be enough time, money and people to make change happen
- what policies they can have approved by parliament
- a majority of MSPs must vote through new legislation
Limits and challenges
The Scottish Government can only put forward policy on devolved matters
It can propose bills to the Scottish Parliament but it does not have the power to make them into laws.
This can only happen when a majority of MSPs vote in favour of a Bill and make it an Act of the Scottish Parliament.
For example, every year the Scottish Government presents its spending plans for the year ahead in a Budget Bill. This is debated in the Chamber, scrutinised by the Finance and Constitution Committee, and MSPs can propose changes to the Bill before it is voted for by a majority of MSPs before it can be passed.
How does the First Minister choose their ministers?
The First Minister decides which MSPs will join the government and serve as Depute First Minister, cabinet secretaries and other ministers.
The cabinet is made up of cabinet secretaries who lead government departments eg Education and Skills.
Each cabinet secretary is supported by a number of junior Scottish ministers who, in turn, are supported byThose who work in government departments or related agencies alongside elected officials. or government employees.
The First Minister and their cabinet are collectively accountable for their policies and actions to the Scottish Parliament.
They are expected to appear before parliament each week and answer questions from MSPs.
The First Minister needs to consider carefully who to appoint to each role:
- who will be capable of doing the job well?
- who can the FM trust to support their leadership?
- how to balance the cabinet to please different groups in their political party
- what will the electorate think of the appointment?
Limits and challenges
Although cabinet secretaries and ministers lead each department, the First Minister has overall responsibility for how government is run, and is judged on the performance of their ministers.
If ministers are seen to not be doing a good job, the First Minister must decide whether to support them or remove them from their position. Both choices can affect how the FM looks to their government colleagues, their political party and the country.
How does the First Minister lead the Scottish Cabinet?
The First Minister chairs the Scottish Cabinet, the main decision-making body of the Scottish Government.
As chair, the First Minister leads discussion and decision making.
Cabinet (and the wider Government) works on a basis of collective responsibility:
- all decisions reached by Cabinet or individual ministers are binding to all members of the Government
- while members can disagree privately, they must support decisions publicly
Limits and challenges
This can present challenges:
- all members of the cabinet will have their own opinions
- sometimes cabinet members will disagree
- some decisions will prioritise resources and spending on some departments more than others
The First Minister needs to overcome these differences to run cabinet effectively. If this doesn't happen, the government will not work together effectively, and the FM's leadership could appear weak.
The FM and cabinet secretaries must discuss and defend their decisions and the work of Scottish Government to the Parliament, for example by appearing in front of committees and answering questions in the Chamber.
The FM must be ready to answer questions on all aspects of how the Scottish Government is run at weekly First Minister's Questions.
How are Scotland's law officers appointed?
The First Minister is responsible for nominating the appointment of the Head of Scotland's criminal prosecution service, main legal adviser to the Scottish Government. The Lord Advocate is the main representative of the Scottish Government in civil proceedings. and Scotland's Solicitor General acts as deputy to the Lord Advocate - supporting the Lord Advocate's work, and stepping in to carry out the Lord Advocate's work when they are unable to themselves, for example through illness., Scotland's most senior law officers.
Supported by the Solicitor General, the Lord Advocate advises the government and ensures that the legislation the government proposes is legally sound and within the powers of the Scottish Parliament.
Limits and challenges
The First Minister has the power to nominate people to these roles, but their appointment must be supported by MSPs in parliament.
Law officers must be independent of government in matters of criminal cases, so the First Minister does not have the power to influence their decisions on criminal matters.
The First Minister does not have the power to remove law officers from their positions, but can still be judged on their performance.
How does the First Minister represent Scotland at home and abroad?
As leader of the Scottish Government, the First Minister is seen as leader of the country and is expected to represent Scotland's interests at home and on the world stage.
- taking part in international events and meetings, for example, as First Minister, Humza Yousaf attended King Charles’ coronation on 6th May 2023
- negotiating with the Prime Minister and UK Government on funding for Scotland, reserved matters that affect Scotland and differences on policy
- commenting on international issues that affect Scottish citizens
- meeting with leaders from other countries (some of whom may have very different political views)
- meeting community leaders from across Scotland
- visiting communities affected by major events, for example flooding
- holding press conferences on major events and issues, for example Nicola Sturgeon held regular briefings for the media and public during Covid lockdown
Limits and challenges
The First Minister's influence and negotiating powers are limited to devolved matters and Scotland's influence in the UK and the wider world.
The FM does not have unlimited time and must decide which events to attend, which issues to comment on and who to meet.
They need to consider how these decisions will affect Scotland and its reputation, as well as their own reputation and popularity with the Scottish electorate.
How does the First Minister lead their political party?
Every First Minister has been the leader of the political party with the most MSPs.
The First Minister and Scottish Government will find it easier to pursue their policies and make new legislation when they have a majority of MSPs who support their decisions. This is more likely when their political party holds a majority.
Limits and challenges
The First Minister cannot take any MSPs support for granted, even MSPs in their own party:
- some decisions may not be popular in some constituencies or regions - this can affect an MSP's chance of re-election
- policies may be at odds with individual MSPs opinions or beliefs
- different groups in a political party may push for different policies or priorities
As party leader, the First Minister must keep enough party unity to keep as many MSPs supporting and voting with the government as possible. This becomes more difficult with a small majority, or a minority government.
When MSPs go against the government, the First Minister must decide on how to react, for example by removing the party whip. The FM needs to consider how this looks to other party members and the electorate, and what long term impact this will have.
Confidence in the First Minister
The First Minister is answerable to the Scottish Parliament
They must maintain the support of the majority of MSPs, or risks a vote of no confidence.
If MSPs do not have confidence in the First Minister, another minister, or the government as a whole, they can propose a no confidence motion.
If the motion is supported by 25 MSPs the motion is debated in the chamber and voted on.
If MSPs vote to pass a no confidence motion on the First Minister, their position is very difficult.
Who is the current First Minister of Scotland?
After the 2021 election, the party with the most MSPs was the SNP and Nicola Sturgeon was re-elected as First Minister.
SNP party leader Humza Yousaf became First Minister in March 2023, following a leadership election after the resignation of Nicola Sturgeon.
In May 2024 Humza Yousef stood down as First Minister and leader of the SNP. John Swinney has since taken over as leader of the SNP and was nominated First Minister.
Quiz
Recap what you have learned
The First Minister for Scotland is the leader of the Scottish Government.
The First Minister is chosen by all MSPs.
The position of FM covers a number of roles, each with their own responsibilities and limits.
| Role | Responsibility | Limits |
|---|---|---|
| Leader of Scottish Government | Decides direction and policies | Only Scottish Parliament can vote through legislation |
| Appoints members of government | Chooses best people for job | Is held to account by Parliament and committees |
| Chairs cabinet | Leads decision making | Needs to balance differing priorities |
| Chooses law officers | Picks key legal advisers | Cannot remove law officers from office |
| Represents Scotland | Shows leadership at home and abroad | Limited time and limited influence on reserved matters |
| Party leader | Balances priorities of Scotland with those of party and individual MSPs | Small majority or minority leadership gives individual MSPs more power |
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