Devolution and the Prevent Strategy in Scotland: Constitutional Politics and the Path of Scottish P/CVE

Abstract

This paper explores the implementation of the ‘Prevent Duty’ in Scotland. Using archival research into Parliamentary debates, as well as research interviews with Scottish government representatives and healthcare professionals, the paper sheds light on the constitutional politics surrounding the Counterterrorism and Security Act 2015 which resulted in the markedly different applications of Prevent between England and Scotland. The divergence of the policy between the nations, and the constitutional anomalies which facilitated a specifically Scottish Prevent program, have remained unaddressed in the academic literature—partly because of a mistaken assumption by researchers that the Prevent Strategy equally applies to all nations (given that Westminster legislates for the UK on matters of defence and security). To fill this gap in knowledge, this paper explores how the Scottish government was able to leverage the devolution settlement and associated constitutional conventions to implement a modest P/CVE program—dropping some components of the English and Welsh Prevent programs entirely. The paper contributes to studies on British constitutional conventions and the nature of inter-governmental politics in the UK by highlighting the surprising freedom to manoeuvre Scotland can enjoy, with regards to reserved policy areas.