Scotland Bill
Debate between David Mundell and Lindsay Hoyle(8 years, 9 months ago)
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The Secretary of State for Scotland (David Mundell)
I beg to move, That this House agrees with Lords amendment 1.
Mr Deputy Speaker
With this it will be convenient to discuss Lords amendments 2 to 62.
David Mundell
This is a truly significant day for Scotland. If this Bill completes its parliamentary progress, it will add to the already extensive responsibilities of the Scottish Parliament a range of important new powers. It provides even greater opportunities for the Scottish Government to tailor and deliver Scottish solutions to Scottish issues. The Scottish Parliament that returns in May will be a powerhouse Parliament that has come of age. Crucially, it will be much more accountable to the people who elect it, which is the hallmark of a mature democratic institution.
I am pleased to say that Lord Smith of Kelvin has confirmed that the Bill puts into law the agreement that the five main political parties in Scotland reached, and that the fiscal framework that was agreed means that the recommendations of his commission have been delivered in full.
Last week, the Scottish Parliament debated the motion on whether to grant legislative consent to the Bill before us today, and the agreement was unanimous. Deputy First Minister John Swinney remarked:
“The Smith process delivered an agreement for additional powers that—if they are used in the right way—can benefit the people of Scotland.”—[Scottish Parliament Official Report, 16 March 2016; c. 3.]
I agree with him wholeheartedly on that.
The debate last week demonstrated the consensus among all parties in Scotland that these new powers present a tremendous opportunity for Scotland. That was clear in their unanimous vote to grant legislative consent to this Bill. This process goes to show that both of Scotland’s Governments and both of Scotland’s Parliaments can work effectively together in the interest of the people in Scotland and right across our United Kingdom.
No individual or party held a monopoly of wisdom on how the Smith agreement might best be translated into legislation. Many people, both inside and outside this Chamber, have contributed to the Bill as it stands before us today. I thank hon. Members and noble Lords for their contributions as the Bill passed through this House and the other place.
Scotland Bill
Debate between David Mundell and Lindsay Hoyle(9 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Deputy Speaker
It is not for the Chair to decide what the SNP does; it is up to the SNP to decide what it moves or does not move. As I said, I knew that it was not a point of order, and I knew that you knew the answer before you asked me.
New Clause 14
“Welfare foods
‘(1) Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 (social security schemes) is amended as follows.
(2) In the Exceptions, after exception 8 (see section 23 above) insert—
“Exception 9
The subject-matter of section 13 of the Social Security Act 1988 (benefits under schemes for improving nutrition: pregnant women, mothers and children).”
(3) In the Interpretation provision, at the end insert—
“The reference to the subject-matter of section 13 of the Social Security Act 1988 is to be construed as a reference to it as at the day on which section [Welfare foods] of the Scotland Act 2015 comes into force (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference).”
(4) Omit Section J5 (welfare foods).
(5) In the Social Security Act 1988, in section 13(2) (benefits under schemes for improving nutrition: consultation) omit “the Scottish Ministers and”.”—(David Mundell.)
This amendment devolves to the Scottish Parliament legislative competence regarding welfare foods, enabling the Scottish Parliament, in relation to Scotland, to abolish or amend schemes for the provision of welfare foods, as currently made under section 13 of the Social Security Act 1988, or to make new schemes for the provision of welfare foods.
Brought up, and read the First time.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss Government new clause 34—Power to create other new benefits.
Government new clause 15—Abortion.
Government new clause 16—Public sector duty regarding socio-economic inequalities.
Government new clause 17—Destination of fines, forfeitures and fixed penalties.
New clause 2—
“New benefits
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 8 (see section 23 above) insert—
“Exception 9
A benefit not in existence at the relevant date provided entitlement to or the purpose of the benefit is different from entitlement to or the purpose of any benefit that is— For the purpose of this exception—
(a) in existence at the relevant date,
(b) payable by or on behalf of a Minister of the Crown, and
(c) otherwise a reserved benefit.
“the relevant date” means the date of introduction into Parliament of the Bill that becomes the Scotland Act 2015;
“reserved benefit” means a benefit which is to any extent a reserved matter.””
The new Clause expands and clarifies the right of the Scottish Government to create new benefits—that is, benefits not in existence on the date on which the bill is passed.
New clause 3—
“Joint Committee on Welfare Devolution
‘(1) There is to be a Committee (to be known as the Joint Committee on Welfare Devolution) to examine the transfer, implementation and operation of the powers devolved to the Scottish Parliament by Part 3 of this Act.
(2) The Joint Committee on Welfare Devolution is to be responsible for ensuring full co-operation, consultation and information-sharing between the UK Government, the Scottish Government, and relevant stakeholders.
(3) The Joint Committee on Welfare Devolution is to publish a report—
(a) on the transfer and implementation of the powers devolved to the Scottish Parliament by Part 3 of this Act at least once every three months for the first three years from the date when this Act is passed, and
(b) on the operation of the powers devolved to the Scottish Parliament by Part 3 of this Act at least once in each calendar year after three years from the date when this Act is passed.
(4) Schedule (The Joint Committee on Welfare Devolution), which makes further provision in relation to the Joint Committee on Welfare Devolution, has effect.”
This new Clause, linked to New Schedule NS1 on the Joint Committee on Welfare Devolution, provides for a cross-Parliament committee to oversee the transition and implementation of welfare powers transferred under this Act. The Committee would include members from both Parliaments and would be required to report frequently in the transition phase and thereafter annually.
New clause 5—
“Childcare element of universal credit
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in Exceptions, after exception 6 (see section 22 above) insert—
“Exception 7
The subject-matter of regulations 31 to 34 of the Universal Credit Regulations 2013.””
This new clause would devolve to the Scottish Parliament the power to make rules about the childcare element of Universal Credit.
New clause 10—
“Commission on social and economic rights
‘(1) The Secretary of State shall appoint a commission on social and economic rights.
(2) The Secretary of State shall invite the Presiding Officers or Speakers of the House of Commons, House of Lords, National Assembly of Wales, Northern Ireland Assembly and the Scottish Parliament each to nominate no more than three persons to the commission on social and economic rights.
(3) The commission on social and economic rights must report on—
(a) the practicality of making the Scottish Parliament and Scottish Government subject to the rights contained in the International Covenant on Economic, Social and Cultural Rights; and
(b) the consequences of Scottish devolution for the attainment of economic and social rights throughout the United Kingdom.
(4) The Secretary of State may by regulations determine the role, composition, organisation and powers of the commission on social and economic rights.”
The purpose of this New Clause is to create a commission to consider whether economic and social rights could be made justiciable in Scotland, and the prospects for achieving fuller attainment of economic and social rights throughout the United Kingdom.
New clause 18—
“Tax credits
‘(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 is amended as follows.
(2) In the Exceptions, after exception 9 (see section (Welfare foods) (2) above) insert—
“Exception 10
The subject-matter of the Tax Credits Act 2002.””
This New Clause devolves to the Scottish Parliament the power to make provision for child tax credit, and working tax credit.
New clause 19—
“Employment and industrial relations
‘(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Head H (Employment) is amended as follows.
(2) Omit Section H1 (employment and industrial relations).
(3) Insert new Section H1A as follows.
“H1A. National Minimum Wage
The subject-matter of the National Minimum Wage Act 1998.””
This new clause would devolve employment rights and duties and industrial relations, except for the national minimum wage, to the Scottish Parliament.
New clause 20—
“National minimum wage
‘(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Head H (Employment) is amended as follows.
(2) Omit ‘(h) the National Minimum Wage Act 1998’.
(3) For the heading “Exception”, substitute “Exceptions”.
(4) After the heading “Exceptions” insert—
“(none) “The subject-matter of the National Minimum Wage Act 1998.””
This new clause would devolve the subject-matter of the National Minimum Wage Act 1998 to the Scottish Parliament.
New clause 21—
“National Insurance: employers’ contributions
‘(1) Section F1 of Schedule 5 to the Scotland Act 1998 is amended as follows.
(2) In the illustrations, omit “National Insurance;”
(3) In the Exceptions, after exception 11 (see section (Benefits relating to children)) insert—
“Exception 12
National Insurance so far as relating to contributions payable by employers.””
This new clause would devolve employers’ National Insurance contributions to the Scottish Parliament.
New clause 22—
“Job search and support
In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section H3 (job search and support).”
This new clause would devolve employment support programmes to the Scottish Parliament.
New clause 23—
“Working age benefits
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 9 (see section 23A above) insert—
“Exception 10
Benefits entitlement to which, or the purposes of which, are the same as or similar to those of any of the following benefits—
(a) universal credit under Part 1 of the Welfare Reform Act 2012;
(b) jobseeker’s allowance (whether contributions-based or income based) under the Jobseekers Act 1995;
(c) employment and support allowance (whether contributory or income-related) under Part 1 of the Welfare Reform Act 2007;
(d) income support under section 124 of the Social Security and Benefits Act 1992;
(e) housing benefit under section 130 of that Act and
(f) child tax credit and working tax credit under the Tax Credits Act 2002.
The benefits referred to in paragraphs (a) to (f) above are—(a) in the case of income-based jobseeker’s allowance and income-related employment support allowance, those benefits as they existed on 28 April 2013 (the day before their abolition), (b) in the case of the other benefits, those benefits as they existed on 28 May 2015 (the date of introduction into Parliament of the Bill for the Scotland Act 2015.””
This new clause would devolve working age benefits to the Scottish Parliament.
New clause 24—
“Universal credit: powers to vary other elements
‘(1) A function of making regulations to which this section applies, so far as it is exercisable by the Secretary of State in or as regards Scotland, is exercisable by the Scottish Ministers concurrently with the Secretary of State.
(2) This section applies to—
(a) regulations under section 8(3)(a) of the Welfare Reform Act 2012 (amount in respect of earned income) so far relating to the work allowance (that is, the amount of a claimant’s earned income that is to be disregarded in calculating the amounts to be deducted from the maximum amount in accordance with section 8(3) of that Act),
(b) regulations under section 10 of that Act (amount in respect of responsibility for children and young persons),
(c) regulations under section 12 of that Act (amounts in respect of other particular needs or circumstances) so far as relating to—
(i) the needs or circumstances referred to in subsection (2)(c) of that section (caring responsibilities for a severely disabled person), or
(ii) needs or circumstances of a claimant in paid work relating to childcare costs,
(d) regulations under any of sections 14 to 22, 24 and 25 of that Act (work-related requirements), and
(e) regulations under any of sections 26 to 28 of that Act (sanctions).
(3) The Scottish Ministers may not exercise the function of making regulations to which this section applies unless they have consulted the Secretary of State.
(4) The Secretary of State may not exercise the function of making regulations to which this section applies in or as regards Scotland unless he or she has consulted the Scottish Ministers.
(5) Where regulations are made by the Scottish Ministers by virtue of subsection (1)—
(a) section 43 of the Welfare Reform Act 2012 (regulations: procedure) does not apply, and
(b) the regulations are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010).””
This new clause would give the Scottish Parliament greater flexibility to make changes in Universal Credit.
New clause 25—
“Benefits relating to children
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 10 (see section (Working age benefits) above) insert—
“Exception 11
Benefits entitlement to which, or the purposes of which, are the same as or similar to those of any of the following benefits—
(a) guardian’s allowance under section 77 of the Social Security Contributions and Benefits Act 1992;
(b) child benefit under Part 9 of that Act.
The benefits referred to in paragraphs (a) and (b) are those benefits as they existed on 28 May 2015 (the date of introduction into Parliament of the Bill for the Scotland Act 2015).””
This new clause would devolve benefits relating to children to the Scottish Parliament.
New clause 26—
“Health and safety
‘(1) In Part 2 of Schedule 5 to the Scotland Act 1998 (“the 1998 Act”), omit Section H2 (health and safety).
(2) The Health and Safety Executive is a cross-border public authority for the purposes of the 1998 Act.
(3) The 1998 Act applies in relation to the Health and Safety Executive in the same way as it applies in relation to cross-border public authorities specified in an Order in Council under section 88(5) of the 1998 Act.”
This new clause would devolve health and safety to the Scottish Parliament and designates the Health and Safety Executive as a cross-border public authority.
New clause 27—
“Equal opportunities
“In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section L2 (equal opportunities).”
This new clause would devolve equal opportunities to the Scottish Parliament.
New clause 28—
“Crown property
‘(1) Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended as follows.
(2) Omit paragraph 2(3)
(3) In paragraph 3(3), omit paragraph (a).
(4) After paragraph 3, insert—
“(3A) Without prejudice to paragraphs 2 and 3, paragraph 1 does not reserve—
(a) removing or altering functions of, or conferring functions on, the Crown Estate Commissioners in relation to the holding or management of property within paragraph 3(1),
(b) where a function of the Crown Estate Commissioners of holding property is so removed, the transfer of any property held in exercise of the function.”
(5) Functions relating to Crown property are, so far as they relate to Crown property in or relating to the Scottish offshore region, to be treated for the purposes of the Scotland Act 1998 as exercisable in or as regards Scotland.
(6) In subsection (5)—
“Crown property” means property within paragraph 3(1) of Part 1 of Schedule 5 to the Scotland Act 1998, “Scottish offshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act)
(7) In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into the Scottish Consolidated Fund), omit “from bona vacantia, ultimus haeres and treasure trove”.”
This alternative to clause 31 would reduce the complexity of the current arrangements relating to the Crown Estate by removing the reservation relating to the management of the Crown Estate and provides the Scottish Parliament with full legislative competence in relation to the management of the Crown Estate in or as regards Scotland. It would also transfer any functions of the Crown Estate Commissioners in relation to rights to the continental shelf beyond the 200 nautical mile limit adjacent to Scotland.
New clause 29—
“Party political broadcasts
In Section K1 of Part 2 of Schedule 5 to the Scotland Act 1998 (broadcasting), after the reservation insert—
“Exceptions
(a) party political broadcasts in connection with elections that are within the legislative competence of the Parliament, and
(b) referendum campaign broadcasts in connection with referendums held under Acts of the Scottish Parliament.””
New clause 30—
“Broadcasting
Leave out section K1 in Part 2 of Schedule 5 (Broadcasting) to the 1998 Act.”
New clause 31—
“Levies in respect of agriculture, taking wild game, aquaculture and fisheries etc.
‘(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section A1 is amended as follows.
(2) In the Exceptions, after the exception for devolved taxes insert—
(3) After the Exceptions insert—
“Interpretation
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, and the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds.
“aquaculture” includes the breeding, rearing or cultivation of fish (of any kind), seafood or aquatic organisms.
“related activity” means the production, processing, manufacture, marketing or distribution of—
(a) anything (including any creature alive or dead) produced or taken in the course of agriculture, taking wild game or aquaculture, or caught (by any means) in a fishery,
(b) any product which is derived to any substantial extent from anything so produced or caught.””
This new Clause would give the Scottish Parliament general legislative competence in respect of agricultural, aquacultural and fisheries levies.
New clause 32—
“Rail Services
In Part 2 of Schedule 5 to the Act, in section E2, after “Exceptions” there is inserted—
This amendment would devolve rail services in Scotland giving Scottish Ministers full powers and flexibility to decide who would run such services.
New clause 33—
“Civil Aviation Authority
‘(1) In Section 1 of the Civil Aviation Act 1982, at end insert—
“(4) The Secretary of State must consult the Scottish Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1), and in relation to activities of the Civil Aviation Authority.
(5) In subsection (4), “Scotland” has the same meaning as in the Scotland Act 1998.””
This New Clause would allow a ‘formal consultative role’ for the Scottish Government and the Scottish Parliament in setting the strategic priorities for the Civil Aviation Authority.
New schedule 1—The Joint Committee on Welfare Devolution
Membership
1 The Joint Committee on Welfare Devolution is to comprise the Secretary of State, who is to be the chair of the Committee, and the following other members—
(a) the Scottish Minister who is responsible to the Scottish Parliament for welfare policy and payments, who is to be the deputy chair of the Committee;
(b) the Member of the House of Commons who is for the time being the Chair of the Work and Pensions Select Committee of the House of Commons;
(c) the Member of the Scottish Parliament who is for the time being the Chair of the Welfare Reform Committee of the Scottish Parliament;
(d) two Members of the House of Commons who are not Ministers of the Crown;
(e) two Members of the Scottish Parliament who are not Scottish Ministers; and
(f) two persons representing local government in Scotland.
2 The members of the Joint Committee on Welfare Devolution mentioned in paragraph 1(d) are to be appointed to membership of the Committee by the Speaker of the House of Commons.
3 The members of the Joint Committee on Welfare Devolution mentioned in paragraph 1 (e) are to be appointed to membership of the Committee by the Presiding Officer of the Scottish Parliament.
4 The members of the Joint Committee on Welfare Devolution mentioned in paragraph 1(f) are to be appointed to membership of the Committee by Scottish Ministers after consultation with the Convention of Scottish Local Authorities.
5 In this Schedule, references to the Work and Pensions Select Committee of the House of Commons are—
(a) if the name of that Committee is changed, to be taken (subject to paragraph (b)) to be references to the Committee by its new name;
(b) if the functions of that Committee at the passing of this Act with respect to welfare policy and payments (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons, to be taken to be references to the committee by whom the functions are for the time being exercisable.
6 In this Schedule, references to the Welfare Reform Committee of the Scottish Parliament are—
(a) if the name of that Committee is changed, to be taken (subject to paragraph (b)) to be references to the Committee by its new name;
(b) if the functions of that Committee at the passing of this Act with respect to welfare policy and payments (or functions substantially corresponding thereto) become functions of a different committee of the Scottish Parliament, to be taken to be references to the committee by whom the functions are for the time being exercisable.
Term of office of Committee members
7 A member may resign from the Committee at any time by giving notice to the Secretary of State.
8 A member may be re-appointed (or further re-appointed) to membership of the Committee.
Committee proceedings
9 The Joint Committee on Welfare Reform may determine its own procedure.
10 The validity of any proceedings of the Joint Committee on Welfare Reform is not affected by—
(a) any vacancy among, or
(b) any defect in the appointment of any of, the members of the Committee.
11 The Joint Committee on Welfare Reform may appoint a member of the Committee to act as chair at any meeting of the Committee in the absence of both the Secretary of State and the Scottish Minster who is deputy chair of the Committee.
Advisory Panel
12 The Secretary of State and Scottish Ministers acting jointly may make regulations appointing an advisory panel on the transfer, implementation and operation of the powers devolved to the Scottish Parliament by Part 3 of this Act, comprising academics, representatives of the third sector and voluntary organisations, and other relevant stakeholders.
13 The Joint Committee on Welfare Reform must consult any advisory panel appointed under paragraph 12 of this Schedule.
This new Schedule is linked to New Clause NC3 (Joint Committee on Welfare Reform) and makes provision about membership and proceedings of the Joint Committee, including the appointment of an advisory panel including third sector and academic experts.
Amendment 194, in clause 19, page 21, line 39, leave out from “of” to end of line 7 on page 22 and insert “a disabled person or person with a physical or mental impairment or health condition in respect of effects or needs arising from that disability, impairment or health condition.”
Government amendments 70, 71, 72, 73, 191 and 192
Amendment 21, in clause 21, page 24, leave out lines 13 to 20.
This amendment would allow the Scottish Parliament to legislate for topping up reserved benefits by providing financial assistance in any case where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct.
Amendment 159, in clause 22, page 24, leave out lines 36 to 48.
This amendment would remove some of the restrictions, including those relating to sanctions, in relation to discretionary housing payments.
Government amendments 76.
Amendment 22, in clause 22, page 25, leave out lines 1 to 8.
This amendment would allow the Scottish Parliament to legislate for making discretionary housing payments by providing financial assistance in any case where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct.
Amendment 23, in clause 23, page 25, leave out lines 30 to 37.
This amendment would allow the Scottish Parliament to legislate for making discretionary payments to meet short-term needs by providing financial assistance in any case where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct.
Amendment 161, in clause 23, page 25, line 40, after “individuals”, insert “—
“(a) ”
Amendment 162, in clause 23, page 25, line 45, at end add “, or (b) who are part of a family facing exceptional pressure.”
Amendment 163, in clause 24, page 26, line 20, leave out from “unless” to end of line 25 and insert “they have consulted the Secretary of State”
This amendment would remove the requirement for the Scottish Government to obtain consent from a UK Secretary of State in relation to Universal Credit and the costs of claimants who rent accommodation.
Government amendments 77.
Amendment 24, page 26, line 25, leave out “unreasonably”
This amendment would make it clear that the UK Government cannot withhold agreement and will have a legal obligation to agree to any changes to regulations made by the Scottish Government using the new regulation-making powers conferred under clause 24.
Amendment 32, page 26, line 35, leave out “negative procedure (see section 28” and insert “affirmative procedure (see section 29”
This amendment would require regulations made by Scottish Ministers under subsection (1) of Clause 24 (Universal credit: costs of claimants who rent accommodation) to be subject to the Scottish Parliament’s affirmative procedure.
Amendment 164, in clause 25, page 26, line 45, leave out from “unless” to end of line 5 on page 27 and insert “they have consulted the Secretary of State”.
This amendment would remove the requirement for the Scottish Government to obtain consent from a UK Secretary of State in relation to persons to who, and time when, Universal Credit is paid.
Government amendments 78.
Amendment 25, page 27, line 5, leave out “unreasonably”.
This amendment would make it clear that the UK Government cannot withhold agreement and will have a legal obligation to agree to any changes to regulations made by the Scottish Government using the new regulation-making powers conferred under clause 25.
Amendment 33, page 27, line 13, leave out “negative procedure (see section 28” and insert “affirmative procedure (see section 29”.
This amendment would require regulations made by Scottish Ministers under subsection (1) of Clause 25 (Universal credit: person to whom, and time when, paid) to be subject to the Scottish Parliament’s affirmative procedure.
Amendment 165, in clause 26, page 27, line 22, leave out from beginning to “for” in line 23 and insert “Arrangements”.
Amendments 165, 166 and 167 make provision for the Scottish Parliament to have power to legislate on arrangements for employment support programmes.
Amendment 166, page 27, leave out lines 27 to 29 and insert—“assisting persons (including persons claiming reserved benefits) who are unemployed or at risk of long-term unemployment to select, obtain and retain employment;”
Amendments 165, 166 and 167 make provision for the Scottish Parliament to have power to legislate on arrangements for employment support programmes
Amendment 167, page 27, line 34, leave out “another person” and insert “a person other than the person making the arrangements”.
Amendments 165, 166 and 167 make provision for the Scottish Parliament to have power to legislate on arrangements for employment support programmes.
Government amendments 79, 80, 82, 193 and 83.
Amendment 168, page 30, line 30, leave out Clause 31.
Amendment 11, in clause 31, page 30, line 34, leave out “may” and insert “must following agreement with the Scottish Government”.
Government amendments 84 to 89.
Amendment 12, page 32, line 25, leave out “C” and insert “A”.
Amendment 13, page 32, line 31, leave out “then, instead of the type C procedure”.
Amendment 14, page 32, line 31, leave out “I” and insert “A”.
Government amendments 90 to 96.
Amendment 169, in clause 32, page 33, line 44, leave out subsection (2).
This amendment delivers a more explicit reference to the devolution of competence over gender quotas in respect of public bodies in Scotland but ensures that it is “not limited to” gender quotas, as agreed in the Smith Commission report.
Amendment 225, page 34, line 2, leave out subsection (3) and insert—
‘(3) Under the heading “Exceptions”, at end insert—
(none) Equal opportunities in relation to the Scottish functions of any Scottish public authority or cross-border public authority including appointments to the board of any Scottish public authority. The provision falling within this exception includes provision that reproduces or applies an enactment contained in the Equality Act 2006 or the Equality Act 2010, with or without modification, without affecting the enactment as it applies for the purposes of those Acts. It does not include any modification of those Acts, other than modifications of the types specified in paragraphs (a) to (d)
(a) provision that supplements or is otherwise additional to provision made by those Acts, and which may enhance but may not diminish the protection and promotion of equal opportunities afforded by the provision made by those Acts;
(b) in particular, provision imposing a requirement to take action that the Acts do not prohibit;
(c) provision that extends application of the existing powers and duties of, or grants additional powers to, the Commission for Equality and Human Rights in respect of provisions made under any part of subsection (3)
(d) provision that requires the Commission for Equality and Human Rights to attend the proceedings of the Scottish Parliament for the purposes of giving evidence and to send each annual report of the Commission to the Scottish Ministers and that requires the Scottish Ministers to lay each annual report received before the Scottish Parliament.”
This amendment makes provision for the Scottish Parliament to have legislative competence in respect of the public sector equality duty, and in respect of equality of opportunity in relation to the functions of Scottish and cross-border public authorities, including appointments to public boards. It clarifies that the Scottish Parliament’s power to make modifications to the Equality Acts 2006 and 2010 is limited to making provision that enhances the protection and promotion of equal opportunities. The amendment makes provision for the powers of the Equality and Human Rights Commission to be applied in relation to any modifications to the Acts. It also enables provision to be made to increase the accountability of the Equality and Human Rights Commission to the Scottish Parliament.
Government amendments 97 and 98.
Amendment 171, in clause 32, page 34, line 4, at end insert—
“Equal opportunities in relation to an appointment as a member of a Scottish public authority.”
Government amendments 100 and 99.
Amendment 26, page 34, line 13, at end insert “including the imposition of minimum quotas for women and other persons with protected characteristics across all levels of public and political representation in Scotland.”
This Amendment is intended to make explicit that, among the exceptions to reserved matters on equal opportunities, the power is being devolved to the Scottish Parliament to set gender quotas.
Amendment 157, page 34, line 16, at end insert—
“(d) equal opportunity provisions in relation to candidates at an election for membership of the Scottish Parliament and a local government election in Scotland.”
This would allow the necessary competence for gender quotas in relation to the Scottish Parliament and local government to be transferred to the Scottish Parliament.
Government amendment 101.
Amendment 172, page 34, line 18, leave out “the Equality Act 2010 and Part 1 of that Act” and insert “and the Equality Act 2010”.
Government amendment 102.
Amendment 173, in clause 32, page 34, line 25, leave out subsection (6) and insert—
‘( ) In section 2 (power to amend section1)—
(a) in subsection (7), omit “the Scottish Ministers or”,
(b) in subsection (10), before “Ministers” insert “Welsh””
Government amendment 103.
Amendment 174, page 34, line 37, leave out subsection (9) and insert—
‘( ) In section 216 (commencement) at the beginning of subsection (3) insert “Subject to subsection (4),” and after that subsection insert—
(4) Part 1 comes into force on such day as the Scottish Ministers may by order appoint so far as it—
(a) confers a power on the Scottish Ministers
(b) relates to a public authority in respect of which such a power is exercisable.
(5) The following do not apply to an order under subsection (4)—
(a) section 207(2) (see instead section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: powers exercisable by Scottish statutory instrument), and
(b) section 210.””
Government amendment 104.
Amendment 175, page 35, line 2, leave out subsection (10).
Government amendment 105.
Amendment 15, page 35, leave out lines 18 and 19.
Amendment 16, page 35, leave out lines 24 and 25.
Amendment 176, page 35, leave out lines 26 to 30 and insert—
‘(nonenone) “This Schedule does not reserve the transfer of all the functions of a tribunal referred to in sub-paragraph (2) to a Scottish tribunal, so far as the functions are exercisable in relation to Scottish cases or a specified category of Scottish cases, in accordance with provision made by Her Majesty by Order in Council.”
This amendment would ensure that all functions exercisable in relation to Scottish cases or a specified category of Scottish cases should transfer to the Scottish Parliament.
Amendment 17, page 35, leave out lines 26 to 30.
Amendment 177, page 35, leave out from beginning of line 31 to end of line 7 on page 36.
Amendment 178, page 36, line 22, at end insert—
‘( ) For the avoidance of doubt, this Schedule does not reserve—
(a) a Scottish tribunal’s practice and procedure when exercising functions that have been transferred to it by virtue of this paragraph, or
(b) the fees and expenses chargeable for, or in connection with, proceedings before a Scottish tribunal when it is exercising those functions.”
This amendment makes clear that competence over a tribunal’s practice, rules of procedure and fees in relation to transferred cases becomes devolved, as per the Smith Commission recommendation.
Amendment 179, in clause 34, page 37, line 28, leave out from “relating” to “to” in line 29.
This amendment would remove a restriction on the full devolution of speed limits in relation to emergency vehicles.
Amendment 180, in clause 36, page 41, line 15, leave out paragraph (a) and insert—
“(a) in relation to vehicles used on roads in Scotland, means the Scottish Ministers.”
Amendment 181, page 41, line 19, at end insert—
‘(18) In section 130 (application of Act to Crown)—
(a) in subsection (3) for “Secretary of State” substitute “relevant authority”, and
(b) after that subsection insert—
(3A) In subsection (3) “relevant authority”—
(a) in relation to vehicles used on roads in Scotland, means the Scottish Ministers,
(b) otherwise, means the Secretary of State.”
This amendment would amend section 130(3) of the Road Traffic Regulation Act 1984 so that Scottish Ministers are added into the provision as the relevant “national authority”.
Government amendments 106 to 128.
Amendment 182, in clause 45, page 47, leave out lines 4 to 8, and insert—
“The number of relevant gaming machines authorised (if any) in respect of premises licences under the Gambling Act 2005.
A “relevant gaming machine” is a gaming machine (within the meaning of section 235 of the Gambling Act 2005) for which the maximum charge for use is more than £10.”
This amendment replaces the reference to betting premises with a more general reference to gambling premises, giving full effect to Smith Commission recommendation 74.
Amendment 18, page 47, line 7 , leave out “for which the maximum charge for use is more than £10”.
Amendment 1, page 47, line 7, leave out “£10” and insert “£2”.
Amendment 183, page 47, leave out lines 13 to 20 and insert—
“(a) the Scottish Ministers in respect of premises in Scotland in so far as the order varies the number of gaming machines authorised (if any) for which the maximum charge for use is more than £10, or
(b) otherwise, the Secretary of State.”
This amendment replaces the reference to betting premises with a more general reference to gambling premises, giving full effect to Smith Commission recommendation 74.
Amendment 19, page 47, line 17, leave out “for which the maximum charge for use is more than £10”.
Amendment 2, page 47, line 18, leave out “£10” and insert “£2”.
Amendment 3, page 47, line 18, after “£10”, insert—
‘( ) the content and the speed of play,”
Amendment 4, page 47, line 18, after “£10”, insert—
‘( ) the number of staff required to supervise such machines,”
Amendment 20, page 47, line 35, leave out subsection (6).
Government amendments 137 to 139.
Amendment 184, in clause 50, page 49, leave out from line 32 to line 50 on page 50 and insert—
‘(4) The Scottish Ministers may not make regulations under section 9 unless they have consulted the Secretary of State about the proposed regulations.
(5) Subsection (1) does not prevent the Secretary of State making a support scheme in relation to Scotland under section 9, or varying or revoking regulations made by the Scottish Ministers under that section with the agreement of the Scottish Ministers.”
Government amendments 140 to 143.
Amendment 185, in clause 51, page 52, line 9, leave out from beginning to end of line 6 on page 53 and insert—
‘(4) The power of the Scottish Ministers under section 33BC does not include power to make provision in relation to the subject matter of sections 88 to 90 of the Energy Act 2008 (smart meters).
(5) The Scottish Ministers may not make an order under section 33BC unless they have consulted the Secretary of State about the proposed order.
(6) The power of the Secretary of State to make an order under section 33BC is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
Government amendments 144 to 147.
Amendment 186, page 53, line 48, leave out from beginning to end of line 40 on page 54 and insert—
‘(5) The Scottish Ministers may not make an order under section 33BD unless they have consulted the Secretary of State about the proposed order.
(6) The power of the Secretary of State to make an order under section 33BD is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
Government amendments 148 to 150.
Amendment 187, page 55, line 30, leave out from beginning to end of line 24 on page 56 and insert—
“(5) The Scottish Ministers may not make an order under section 41A unless they have consulted the Secretary of State about the proposed order.
(6) The power of the Secretary of State to make an order under section 41A is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
Government amendments 151 to 153
Amendment 188, page 57, line 17, leave out from beginning to line 9 on page 58 and insert—
“(5) The Scottish Ministers may not make an order under section 41B unless they have consulted the Secretary of State about the proposed order.
(6) The power of the Secretary of State to make an order under section 41B is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
Government amendment 154.
Amendment 189, in clause 53, page 60, leave out lines 9 to 17.
This amendment removes restrictions on the consultation process with the Scottish Government and Scottish Parliament in relation to renewables incentive schemes.
Amendment 190, in clause 55, page 63, line 17, at end insert—
“() the Scottish Ministers,”.
Clause 55 as currently drafted would allow Scottish Ministers to make a reference to the Competition and Markets Authority only in the most exceptional circumstances. This amendment would enable Scottish Ministers to make a reference without the involvement of the Secretary of State.
Government amendments 129 and 133 to 136.
David Mundell
Let me begin by dealing with the specific issue of welfare funds, on which I am accepting an amendment that the SNP tabled in Committee. The Smith commission agreement stated that the devolution of welfare foods should be the subject of further discussion between the UK and Scottish Governments. This has taken place, and I am pleased that new clause 14 and consequential amendments 79, 80, 82 and 83 devolve powers to the Scottish Parliament concerning welfare foods. They will be able to abolish or amend existing schemes, which includes the nursery milk scheme and health start scheme, or make new schemes for the provision of welfare foods.
On welfare more generally, the Government are proposing a number of changes to the welfare clauses, responding to a number of comments made by Members of this House in Committee, as well as the Scottish Parliament and other stakeholders. As a result, it will be beyond doubt that the Scotland Bill fully delivers on the Smith commission agreement and that the Scottish Parliament will have significant responsibilities for areas of welfare. I was pleased to see these changes receiving a full endorsement from Gordon Brown, from the Scottish media, and indeed from all objective observers. The Scottish Government are getting responsibility for disability and carer’s benefits that were worth £2.7 billion in Scotland last year, and they will be able to deliver new benefits in all areas of devolved responsibility if they wish. Amendments 70 and 71 to clause 19 ensure that the Scottish Parliament can, if it wishes, legislate for the payment of a carer’s benefit to a person who is under 16, is in full-time education or is gainfully employed. The Scottish Government will be able to pay anyone on a reserved benefit a top-up payment. That includes being able to top up benefits such as tax credits, child benefit and universal credit.