Scotland Act 1998: Section 35 Power Debate

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Department: Scotland Office
Tuesday 17th January 2023

(1 year, 11 months ago)

Commons Chamber
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Alister Jack Portrait Mr Jack
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My hon. Friend is absolutely right that tone is important in these matters, and I have not taken this decision lightly. I took it after due consideration of the legal advice. Yes, let us take the heat out of these matters by dealing with the legal issues, and then let us see if we can find a resolution.

Anum Qaisar Portrait Ms Anum Qaisar (Airdrie and Shotts) (SNP)
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We have had six years of wide consultation, and two thirds of MSPs supported the legislation. That includes MSPs from every single political party in the Scottish Parliament—the SNP, the Conservatives, Labour and the Liberal Democrats—so the Tory Government’s actions are shameful and, actually, quite scary. Does the Secretary of State share my concern that this decision sets a dangerous precedent whereby Westminster dictates and Holyrood must simply shut up and do as it is told?

Alister Jack Portrait Mr Jack
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No, obviously I do not. In 24 years, the Scottish Parliament has passed 347 Acts and the United Kingdom Government have never used a section 35 order. The legal advice deems that we should use a section 35 order this time, which is what we have done because there are adverse effects on UK-wide legislation.