Brexit: Role of Parliament
Debate between Lord Lawson of Blaby and Lord Keen of Elie(8 years, 1 month ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Keen of Elie
My Lords, Parliament is sovereign. But the Executive has certain prerogative powers that it exercises in international legal matters, including the making and unmaking of treaties. That remains the position.
Lord Lawson of Blaby (Con)
My Lords, can my noble friend remind me: was it not a decision of Parliament, by an overwhelming majority, that this important issue should be decided by a referendum of the British people?
Scotland Bill
Debate between Lord Lawson of Blaby and Lord Keen of Elie(8 years, 8 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Keen of Elie
If I may, I shall respond to the observations from the noble and learned Lord, Lord Scott, after the dinner break. I confess it is not immediately apparent to me what the thrust of his point was, and maybe I am missing it, but I shall give it some consideration.
Lord Lawson of Blaby
If the Minister will allow me, those of us who are not as expert as he is are getting a little puzzled. Can he help the House by giving practical examples of the sort of circumstances in which the UK Parliament would legislate on devolved matters? A few such examples would be helpful for us to understand precisely what this is getting at.
Lord Keen of Elie
In a sense, this is connected to my earlier observation that at the end of the day the clause is not justiciable. It will be for Parliament at the time to decide that it is or is not going to legislate for Scotland in a devolved matter. The term “normally” means “usually” or “generally”, but Parliament at the time may decide that it is going to legislate for Scotland in respect of a devolved matter. There is no limit on that power, as is expressly provided by Section 28(7) of the Scotland Act 1998. There is no limit on this Parliament’s sovereignty and supremacy in respect of that matter. The Sewel convention merely says that normally it will not do so; that is all.