In 1973 the Royal Commission on the Constitution recommended a form of legislative devolution for Scotland (and a less substantial degree of devolution for Wales). In the mid-1970s the pressure for reform of the existing system grew further, and the Labour government of the time put forward legislation to establish a Scottish Assembly. There was a long and difficult parliamentary struggle over the proposal. This was due in part to that government's own precarious position, and to the strength of views for and against its proposals for a variety of totally different reasons, but the Scotland Act 1978 became law.

The Act required that 40% of the Scottish electorate (not just of those who voted) had to support the Act for it to come into force. In the referendum of 1 March 1979, the devolution scheme was supported by 52% of those voting, but as this only amounted to 33% of the electorate, the scheme could not be realised. This led to a vote of no confidence in the Government and its defeat in the subsequent general election of May 1979.

Developments during the 1979-1997 Conservative government

The new Conservative government of 1979 did not support devolution in the form proposed in the 1978 Act, fearing that it would lead to the break-up of the United Kingdom. Instead, it brought in various measures to further devolve the administrative government of Scotland and allow special treatment of Scottish business in Parliament itself. However, others who were not satisfied with these measures, continued their campaigns for greater self-government, whether for devolution of some form or for full independence. Election and opinion polling figures suggested that some scheme of self-government was desired by the people of Scotland.

The Scottish Constitutional Convention

Following the 1987 general election many of these strands of opinion united behind what eventually became the Scottish Constitutional Convention (‘SCC’), composed of the political parties in Scotland (except the Scottish Conservative and Unionist Party and Scottish National Party), local authorities, the churches and many voluntary and other public bodies and organisations. Following its first meeting in March 1989 it published a declaration of policy, as a Claim of Right for Scotland. The key demand was for a Scottish Parliament with law-making powers.

Over the next few years, the SCC produced a number of reports based on its detailed enquiries and consultations, culminating in its final report in November 1995, Scotland’s Parliament, Scotland’s Right. This report contained proposals for the implementation of a devolution scheme, rather than arguments for and against devolution, as its preface made clear:

This report is about practical intent. It says: "Here is what we are going to do," not "here is what we would like". Those who seek inspirational home rule rhetoric are respectfully directed elsewhere, including to the Convention's own previous publications. We have moved on. We regard the argument in principle as compelling. The longing of the people of Scotland for their own Parliament rings clear and true every time opinion is sounded. We believe that the momentum for change is now too great to deny; and that a Scottish Parliament will soon be meeting for the first time in nearly three centuries.