Scotland Act 1998: Section 35 Power

Debate between Alister Jack and Jeremy Wright

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

I come back to my original point. This is a decision that I did not take lightly. It was taken after much consideration of the legal advice that we received and it is based on a section 35 order, which is in the 1998 Scotland Act—an Act brought forward by the Labour party, led through Parliament by Donald Dewar and voted for by the Scottish National party.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

Is not the central point here that devolution is not the same as independence? [Interruption.] To the disappointment of some, I accept, but in every devolution settlement, including ours, every devolved legislature has to legislate with consideration for the other parts of the United Kingdom. If that does not happen, section 35 is the appropriate instrument for the UK Government to consider the use of. Is not the visceral reaction to the Government’s temerity in even considering the use of section 35, when there are clear conflicts between the devolved approach and the UK approach, a demonstration that there is no acceptance of the devolution settlement on the part of the SNP at all?

[Mr Jack]

My right hon. and learned Friend is absolutely right. Devolution is about granting powers, not giving away or ceding them. That is what the devolution Act does. Through that Act, Westminster gave powers to the Scottish Parliament but the Act was very clear, and it kept section 33 and section 35 for when there were conflicts. A conflict has arisen here in terms of adverse effects on UK-wide legislation in the two Acts that will be referred to in the statement of reasons.