On 22 December 2011 the Scottish Parliament voted on a legislative consent motion to the Welfare Reform Bill which is currently at Report stage in the House of Lords. Although social security is a reserved matter, legislative consent is required from the devolved Administrations for a number of aspects of the Bill.
Legislative consent was given, where required, in respect of the provisions in the Bill relating to data sharing, industrial injuries disablement benefit and the Social Mobility and Child Poverty Commission. However, it did not provide consent in respect of the provisions in the Bill which give Scottish Ministers the power to make consequential, supplementary, incidental or transitional provisions, by regulations, in relation to the introduction of universal credit and personal independence payment. The Scottish Government have opted to bring forward legislation in their own Parliament in due course to make the required changes.
Therefore, in order to ensure the UK Government adhere to the principles of the Sewel convention, they will bring forward amendments at Third Reading of the Welfare Reform Bill to remove the relevant provisions from the Bill.
These amendments will not affect the implementation of either universal credit or personal independence payment.
Noble Lords will be given an opportunity to consider these amendments further at Third Reading.