Scotland Bill
David Crausby Excerpts(8 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I beg to move amendment 23, in clause 31, page 30, line 34, leave out “may” and insert “must”.
The Temporary Chair (Mr David Crausby)
With this it will be convenient to discuss the following:
Amendment 52, page 30, line 36, leave out “Ministers” and insert “Parliament”.
Amendment 57, page 30, line 37, at end insert—
‘(1A) The Treasury and Scottish Ministers must agree a scheme transferring to the control of each of Shetland Islands Council, Orkney Islands Council and Comhairle nan Eilean Siar (“the island authorities”) on the transfer date all the existing Scottish functions and rights of the Commissioners relating to those parts of the Scottish zone surrounding each of the island authorities.
(1B) The exact extent of the parts of the Scottish zone to be transferred under subsection (lA) will be agreed by the Treasury and Scottish Ministers in consultation with the island authorities and in accordance with the principles contained within the United Nations Convention on the Law of the Sea articles 16, 74 and 84.”
This Amendment would require the relevant functions of the Crown Estate in the Shetland Islands, Orkney and Na h-Eileanan Siar (the “Western Isles”) to be transferred to the councils for those areas. Articles 16, 74 and 84 of the UN Convention on the Law of the Sea set out principles for defining geographical extent in relation to the territorial sea, exclusive economic zones and the Continental shelf respectively.
Amendment 125, page 31, line 22, at end insert—
‘( ) The scheme must not include any alteration to the Sovereign Grant Act 2011.”
The Sovereign Grant Act 2011 made provision for the honour and dignity of the Crown and the Royal Family and about allowances and pensions under the Civil List Acts of 1837 and 1952.
Amendment 126, page 31, line 22, at end insert—
‘( ) The scheme must not include any reduction in the pro rata payments due to Her Majesty under the Sovereign Grant Act 2011.”
This amendment is to ensure that Scotland continues to contribute its share towards the costs of the Monarchy.
Amendment 127, page 31, line 22, at end insert—
‘( ) The scheme must not include any permanent alienation of the rights of the Crown.”
This amendment protects the position of future Sovereigns in respect of the rights of the Crown.
Amendment 24, page 32, line 25, leave out “C” and insert “A”.
Amendment 25, page 32, line 31, leave out “then, instead of the type C procedure”.
Amendment 26, page 32, line 31, leave out “I” and insert “A”.
Clause 31 stand part.
Amendment 134, 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 167, page 33, line 46, after “2006” insert “(other than enforcement under Part 1 of that Act)”.
Amendment 161, page 34, leave out lines 3 and 4.
Amendment 162, page 34, line 4, at end insert—
“Equal opportunities in relation to an appointment as a member of a Scottish public authority.”
Amendment 123, page 34, line 13, at end insert—
“including a requirement for gender balance among the members of the Scottish Parliament and members of boards of Scottish public authorities;”
The Amendment would ensure continued progression towards achieving gender balance among members of the Scottish Parliament and on boards of Scottish public authorities.
Amendment 168, page 34, line 18, leave out “the Equality Act 2010 and Part 1 of that Act” and insert “and the Equality Act 2010”
Amendment 135, page 34, line 25, leave out subsection (6) and insert—
“In section 2 (power to amend section 1)—
(a) in subsection (7) omit “the Scottish Ministers or”,
(b) in subsection (10), before “Ministers” insert “Welsh””
Amendment 136, page 34, leave out lines 39 to 42 and 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.”
This amendment would clarify Scottish Ministers ability to commence the relevant sections of Part 1 of the Equality Act 2010, which was subject to a Legislative Consent Motion in 2010.
Amendment 137, page 35, line 2, leave out subsection (10).
Clause 32 stand part.
Amendment 27, in clause 33, page 35, leave out lines 18 and 19.
Amendment 53, page 35, line 18, leave out sub-sub-paragraph (b).
Amendment 28, page 35, leave out lines 24 and 25.
Amendment 29, page 35, leave out lines 26 to 30.
Amendment 138, page 35, leave out lines 26 to 30 and insert—
“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 139, page 35, leave out from beginning of line 31 to end of line 7 on page 36.
Amendment 140, 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 54, page 37, line 17, at end insert—
‘(7A) Scottish Ministers, in conjunction with the Advisory, Conciliation and Arbitration Service (ACAS) shall establish and oversee a process, involving Scottish businesses and trades unions, to end the current employment tribunal fee system in Scotland.”
Clause 33 stand part.
Amendment 141, 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.
Clauses 34 and 35 stand part.
Amendment 142, in clause 36, page 41, leave out lines 15 to 18 and insert—
“(a) in relation to vehicles used on roads in Scotland means the Scottish Ministers.”
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’.
Amendment 143, 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’.
Clauses 36 and 37 stand part.
Schedule 2 stand part.
Clauses 38 to 40 stand part.
Amendment 144, in clause 41, page 42, line 32, at end insert—
‘( ) After subsection (3) insert—
(3A) Without limiting subsection (3), the Scottish Ministers may grant a licence upon the condition that the licence holder makes an annual rental payment to the Scottish Ministers.
(3B) In subsection (3A), “rental payment” means payment of an amount to be calculated by reference to the area of land to which the licence relates.””
In Clause 41, the Secretary of State has retained the power to set the consideration payable for licences. This could restrict Scottish Ministers’ ability to set other charges that form integral aspects of the licensing regime: for example, the Department of Energy and Climate Change (DECC) charge a ‘land rental’. This would enable Scottish Ministers to introduce a similar scheme in Scotland.
Clauses 41 and 42 stand part.
Amendment 30, in clause 43, page 45, line 7, at end insert—
“(aa) in the list of subject-matter, leave out “(c) the Estate Agents Act 1979,””.
Amendment 145, page 45, line 9, leave out from “insert—” to the end of subsection (8) and insert—
“The provision of consumer advocacy and advice.
Enforcement and redress for breach of consumer rights.”
(3) In Section C8 (product standards, safety and liability) after the heading “Exceptions” insert—
“The provision of consumer advocacy and advice.
Enforcement of, and redress for breach of, consumer rights.”
(4) In Section C9 (weights and measures) after the reservations insert—
“Exceptions
The provision of consumer advocacy and advice.
Enforcement of, and redress for breach of, consumer rights.”
(5) In Section C10 (telecommunications)—
(a) for the heading “Exception” substitute “Exceptions”;
(b) after that heading insert—
“The provision of consumer advocacy and advice.
Enforcement and redress for breach of consumer rights.”
(6) In Section C11 (posts)—
(a) for the heading “Exception” substitute “Exceptions”;
(b) after that heading insert—
“The provision of consumer advocacy and advice.
Enforcement of, and redress for breach of, consumer rights.”
(7) In Section D1 (electricity)—
(a) for the heading “Exception” substitute “Exceptions”;
(b) after the exception relating to the Environmental Protection Act 1990 insert—
“The provision of consumer advocacy and advice.
Enforcement of, and redress for breach of, consumer rights.”
(8) In Section D2 (oil and gas), at the end of the exceptions insert—
“The provision of consumer advocacy and advice.
Enforcement of, and redress for breach of, consumer rights.”
This amendment would provide an exception to reservation C10 in Schedule 5 to the Scotland Act which covers telecommunications and devolves responsibility for consumer enforcement and redress to the Scottish Parliament. It also removes unnecessary references to a public body and to the holder of a public office.
Clauses 43 and 44 stand part.
Amendment 146, in clause 45, page 47, line 3, leave out from “insert-“ to the end of subsection (1) and insert—
“Exceptions
The number of relevant gaming machines authorised (if any) in respect of premises licences under the Gambling Act 2005.
“Interpretation
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 31, page 47, line 7, leave out “for which the maximum charge for use is more than £10”.
Amendment 163, page 47, line 7, leave out “£10” and insert “£2”.
Amendment 159, page 47, line 8, at end insert—
“and the designation of licensing standards officers in Scotland as authorised persons for the exercise of inspection and enforcement functions in respect of such licences.”
This Amendment would allow the Scottish Parliament to include Licensing Standards Officers (LSOs) in Scotland as authorised persons who may exercise inspection and enforcement functions under the Gambling Act 2005 in respect of the number of gaming machines authorised under a betting premises licence.
Amendment 147, page 47, line 13, leave out from “means” to the end of subsection (4) 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 32, page 47, line 17, leave out
“for which the maximum charge for use is more than £10”.
Amendment 164, page 47, line 18, leave out “£10” and insert “£2”.
Amendment 165, page 47, line 18, after “£10” insert —
“( ) the content and the speed of play,”.
Amendment 166, page 47, line 18, after “£10” insert—
“( ) the number of staff required to supervise such machines,”.
Amendment 160, page 47, line 20, at end insert—
‘(4A) In section 304 of that Act (authorised persons), after subsection 4(c) insert—
“(d) Licensing Standards Officers (LSOs) of Scottish local authorities, appointed in terms of section 13 of the Licensing (Scotland) Act 2005.””
This Amendment would include Licensing Standards Officers (LSOs) in Scotland as authorised persons who may exercise inspection and enforcement functions under the Gambling Act 2005 in respect of the number of gaming machines authorised under a betting premises licence.
Amendment 33, page 47, line 35, leave out subsection (6).
Clause 45 stand part.
New clause 22—Obstructive parking—
‘(1) In section E1 of Schedule 5 to the Scotland Act 1998 (Road transport) after “Exceptions”, insert—
“The subject matter of sections 19 to 22 (Stopping on verges, etc, or in dangerous
positions, etc.) of the Road Traffic Act 1988;
The subject-matter of section 41(5) (Regulation of construction, weight,
equipment and use of vehicles) of the Road Traffic Act 1988 in so far as it relates
to the making of regulations making it an offence to cause or permit a vehicle to
stand on the road so as to cause any unnecessary obstruction of the road.”
(2) After section 51 of the Road Traffic Offenders Act 1988 (Fixed penalty offences) insert new section 51A—
“51A Offences under Road Traffic Act 1988
(1) Any offence in respect of a vehicle under regulations made by Scottish Ministers under section 41(5) (Regulation of construction, weight, equipment and use of vehicles) of the Road Traffic Act 1988 is a fixed penalty offence for the purposes of this Part of this Act if it is specified as such in those regulations, but subject to subsection (2) below.
(2) An offence under an enactment so specified is not a fixed penalty offence for those purposes if it is committed by causing or permitting a vehicle to be used by another person in contravention of any provision made or restriction or prohibition imposed by or under any enactment.”
(3) Before proposing a change in regulation of a subject matter falling under this section, Scottish Ministers shall—
(a) consult the Secretary of State, and
(b) publish and lay before the Scottish Parliament an assessment of the impact on road safety of any difference between the proposed change in Scotland and road traffic rules in other parts of the United Kingdom.””
This amendment is intended to ensure that offences in relation to parking on pavements can be enforced by the Scottish Parliament. Other offences would be unaffected. This amendment is based on Mark Lazarowicz’s Private Members’ Bill from the last Parliament, which was supported in principle by the then Secretary of State for Scotland.
New clause 26—Health and safety—
“In Part 2 of Schedule 5 to the Scotland Act 1998 (Employment), leave out Section H2 (Health and Safety).”
This new Clause would remove from the list of reserved matters in the 1998 Act (and so transfer to the Scottish Parliament) the subject-matter of Part I of the Health and Safety at Work etc. Act 1974 (Health, safety and welfare in connection with work, and control of dangerous substances and certain emissions into the atmosphere), the Health and Safety Commission, the Health and Safety Executive and the Employment Medical Advisory Service.
New clause 27—Business associations—
“In section C1 in Part 2 of Schedule 5 to the Scotland Act 1998 (Business associations) at the end of the exceptions insert—
“(c) the law on partnerships and unincorporated associations,
(d) the creation of new forms of cooperative enterprise,
(e) the creation of new forms of mutual enterprise,
(f) the creation of economic interest groups where the European Economic Interest Group under regulation EEC 2137/85 is not available because the members do not come from more than one member state.””
New clause 41—Scottish Government review of measures taken to promote gender equality in Scottish Parliament—
“Scottish Ministers shall, within six months of the day on which this Act is passed, publish and lay before the Scottish Parliament a comprehensive review of the measures which the Scottish Government is taking to further and to promote gender equality in the membership of the Scottish Parliament and on the boards of Scottish public authorities.”
This New Clause requires Scottish Ministers to publish a review of the measures they are taking to promote gender equality among members of the Scottish Parliament and on boards of Scottish public authorities.
New clause 47—Employment and industrial relations—
“In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section H1 (employment and industrial relations).”
This new clause would devolve employment and industrial relations to the Scottish Parliament.
New clause 48—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 49—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 56—Abortion—
“In Part 2 of Schedule 5 to the 1998 Act, leave out section J1 (abortion).”
This amendment removes the specific reservation of abortion, thus transferring competence over abortion to the Scottish Parliament.
New clause 57—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 59—Party political broadcasts—
“In Section K1 of Part 2 of Schedule 5 to the Scotland Act 1998 (broadcasting), after the reservation insert—
“Exceptions
The regulation of
(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.”
In recommending that the Scottish Parliament should have all powers in relation to Scottish Parliament and local government elections, the Smith Commission stated specifically that this would include party political broadcasts. This new clause delivers on that proposal.
New clause 60—Broadcasting—
“Leave out section K1 in Part 2 of Schedule 5 (Broadcasting) to the 1998 Act.”
This new clause would devolve broadcasting to the Scottish Parliament.
New clause 61—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—
“Levies in respect of agriculture, taking wild game, aquaculture and fisheries (including sea fisheries) or a related activity: their collection and management.”
(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 63—Assessment of the Scottish Parliament having the power to alter the National Minimum Wage in Scotland—
‘(1) The Secretary of State shall instruct the Low Pay Commission to undertake and publish, within 12 months of the date on which this Act is passed, an analysis of the economic impact of the Scottish Parliament having the power to alter the United Kingdom National Minimum Wage.
(2) The Secretary of State must require the analysis to assess the effects of the Scottish Parliament having the power to alter the United Kingdom National Minimum Wage on the Scottish and United Kingdom economies, with a specific focus on the following areas—
(a) the risks of establishing a two tier minimum wage across the United Kingdom, including an analysis of any possible negative impact on employment conditions for United Kingdom and Scottish workers;
(b) the importance of maintaining the principle of minimum standards across the UK, and the extent to which low pay issues differ in Scotland from the rest of the UK;
(c) the Scottish and United Kingdom labour market, in particular the effect of a different level of minimum wage in Scotland on the jobs and working hours of Scottish and United Kingdom workers;
(d) entitlement in Scotland to both devolved and reserved welfare payments;
(e) the possible effects on business investment in Scotland and the rest of the United Kingdom;
(f) any other considerations that would arise from having different minimum wages in communities on either side of the border;
(g) the institutional infrastructure required to establish, monitor and enforce it;
(h) the implications for EU Directives on Posted and Agency Workers;
(i) the impact on wage levels in Scotland and the United Kingdom; and
(j) a report on how the National Minimum Wage can rise faster in Scotland and across the United Kingdom to 58% of median earnings or more than £8 per hour by 2019.””
The new clause requires the Low Pay Commission to assess the impact on the Scottish and UK economies of the Scottish Parliament having the power to establish a different rate of the National Minimum Wage (NMW) in Scotland. The analysis includes what institutional infrastructure would be required, the relationship with EU Directives, the long-term impact on wages, and ways to faster increase the NMW, whilst maintaining the principle of the UK NMW framework.
New clause 64—Enforcement of Part 1 of Equality Act 2006—
“In the Exceptions under Section L.2 of Part 2 of Schedule 5 to the 1998 Act, insert—
“The enforcement of Part 1 of the Equality Act 2006.”
New clause 66—Health and Medicines—
“In Part 2 of Schedule 5 to the 1998 Act, leave out “Head J (Health and Medicine)””
The new clause would remove health and medicine, including abortion, xenotransplantation, embryology, surrogacy, genetics, medical supplies, poisons and welfare foods from the list of matters reserved to the UK Parliament, allowing the Scottish Parliament to make separate provision in these matters for Scotland.
Mr Carmichael
I welcome you back to the Chair, Mr Crausby.
We have an embarras de richesses in the range of issues before the Committee for the next three hours, so I will try to keep my remarks as brief as possible. I am pleased that at the top of the list of amendments come those from different parts of the House about the future devolution of the Crown Estate commission.
Perhaps I am on something of a roll today: the future of the Crown Estate commission has been important to me throughout my political life. The Crown Estate was the subject of my maiden speech in this House some 14 years ago, and, revisiting the issue ahead of today’s debate, it was interesting to note that there has been some progress, particularly under the auspices of its current chief executive, Alison Nimmo. We have seen a greater willingness of the Crown Estate to engage with the communities that it most directly affects, and in the previous Parliament we heard about the creation of the coastal communities fund that brought back some 50% of Crown Estate dividends relating to the use of the seabed to coastal communities around the country. That has made a significant difference to a number of projects in a wide range of communities.
It remains the case that the operation of the Crown Estate remains unsatisfactory for island and coastal communities—especially those throughout Scotland that seek to establish a future for themselves in the development of marine technologies and renewable energy generation, which continue to rely on the good will and co-operation of the Crown Estate in relation to the construction and maintenance of piers and harbours, and for which the aquaculture industry remains an important source of livelihoods for many people. We need to see that operation devolved, in particular as it relates to the function of the seabed and territorial waters.
Scotland Bill
David Crausby Excerpts(8 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Joanna Cherry (Edinburgh South West) (SNP)
Does the hon. Gentleman agree that all this talk of black holes with full fiscal autonomy fails to recognise that a black hole exists already as a result of the policies of successive Westminster Governments, both Tory and Labour, and for which the Tories are now making the poorest and most vulnerable in our society pay? [Hon. Members: “Speech.”] The case that Labour is making in attacking full fiscal autonomy is that things are so bad that letting the Tories fix the deficit their way is better—[Interruption.] I am going to keep going—[Interruption.]
The Temporary Chair (Mr David Crausby)
Order. Interventions should be short, and the Committee should be tolerant of that.
Joanna Cherry
Does the hon. Gentleman agree that his party should have more ambition for Scotland?
Wayne David
I beg to move amendment 39, page 2, line 2, leave out “But it is recognised” and insert “Notwithstanding subsection (7) above”.
The Temporary Chair (Mr David Crausby)
With this it will be convenient to discuss the following:
Amendment 56, page 2, line 2, leave out “not normally” and insert “never”.
The Amendment would require the Sewel Convention, requiring the legislative consent of the Scottish Parliament, to be observed in all legislation of the Parliament of the United Kingdom.
Amendment 4, page 2, line 3, leave out “normally”.
Amendment 19, page 2, line 3, after “legislate”, insert “(a)”.
Amendment 20, page 2, line 3, after “matters”, insert
“and (b) to alter the legislative competence of the Scottish Parliament or the executive competence of the Scottish Government”.
Amendment 41, page 2, line 4, at end add—
“(9) A Minister of the Crown in charge of a Bill in either House of Parliament must, before second reading of the bill—
(a) make a statement to the effect that in his view the provisions of the bill do not constitute legislation with regard to devolved matters; or
(b) make a statement that the consent of the Scottish Parliament to the Bill is being sought, or will be sought, and specifying the matters in respect of which consent is being sought; and that the Bill will not be presented for Royal Assent without such consent. Such a statement must be in writing and be published in such manner as the Minister making it considers appropriate”.
Amendment 45, page 2, line 4, at end add—
“(9) A Minister of the Crown in charge of a Bill in either House of Parliament which makes provision with regard to devolved matters must, before Second Reading of the Bill—
(a) make a statement to the effect that the Bill has the consent of the Scottish Parliament (“a statement of consent”); or
(b) make a statement to the effect that although he is unable to make a statement of consent the Government nevertheless wishes the House to proceed with the Bill.
(10) A statement—
(c) under subsection (9) must be in writing and be published in such manner as the Minister making it considers appropriate; and
(d) under subsection (9)(b) must also state the Government’s reasons for wishing the House to proceed with the Bill.
(12) In this section, “devolved matters” include—
(e) the legislative competence of the Parliament; and
(f) whether, and the extent to which, functions are exercisable by the Scottish Ministers.”
In paragraph 70 of its Ninth Report of Session 2014-15 (HC 1022), the House of Commons Political and Constitutional Reform Committee suggested that one approach to giving the Sewel Convention the force of statute would be the addition of a requirement for the Government to set out its reasons for legislating on a matter covered by the Sewel Convention without the consent of the Scottish Parliament where it seeks to do so.
Clause stand part.
New clause 5—Application of the Human Rights Act 1998 to Scotland—
The application of the Human Rights Act 1998 to Scotland shall not be repealed in so far as it affects Scotland without the express consent of the Scottish Parliament.”
The New Clause states the intention that the express consent of the Scottish Parliament would be required before any repeal by the Parliament of the United Kingdom of the Human Rights Act 1998 as it applies to Scotland.
New clause 10—Consent of the Scottish Parliament to certain Westminster Acts—
(1) In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament), at the end add—
“(8) But the Parliament of the United Kingdom must not pass Acts applying to Scotland that make provision about a devolved matter without the consent of the Scottish Parliament.
(9) A provision is about a devolved matter if the provision—
(a) applies to Scotland and does not relate to reserved matters,
(b) modifies the legislative competence of the Scottish Parliament, or
(c) modifies the functions of any member of the Scottish Government.
(10) In subsection (8), “Acts” includes any Act, whether a public general Act, a local and personal Act or a private Act.
(2) After section 28 of the Scotland Act 1998 insert—
“28A Duty to consult the Scottish Government on Bills applying to Scotland
(1) A Minister of the Crown shall consult Scottish Ministers before introducing any Bill into the Parliament of the United Kingdom for an Act of that Parliament that would make provision applying to Scotland.
(2) Where the Bill is for an Act making provision that would require the consent of the Scottish Parliament by virtue of section 28(8), the requirement to consult under subsection (1) includes a requirement that a Minister of the Crown give the Scottish Ministers a copy of the provisions of the Bill that apply to Scotland no later than—
(a) 21 days before the proposed date of introduction, or
(b) such later date as the Scottish Ministers may agree.
(3) The requirement in subsection (2) does not apply if—
(c) the Scottish Ministers so agree, or
(d) there are exceptional circumstances justifying failure to comply with the requirement.
(4) The reference in subsection (1) to an Act of Parliament is a reference to any Act whether a public general Act, a local and personal Act or a private Act.”
This new clause would ensure that the UK Parliament can only legislate in devolved areas with the consent of the Scottish Parliament. It puts the Sewel Convention onto a statutory footing, as agreed by the Smith Commission.
Wayne David
I rise to speak to amendments 39, 4 and 41 on the Sewel convention. As Members will know, the convention is quite well established. In the debate on the Scotland Bill in 1998, Lord Sewel, the Parliamentary Under-Secretary of State at the Scottish Office, said that
“we would expect a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish parliament.”—[Official Report, House of Lords, 21 July 1998; Vol. 592, c. 791.]
That was accepted, and the Sewel convention became a reality.
As the Law Society of Scotland has said, it is true that since the enactment of that Bill there is agreement that the convention has been successful, and it has been adhered to by successive Parliaments. The Smith commission gave a firm commitment:
“The Sewel Convention will be put on a statutory footing.”
That was a clear and unambiguous statement. On the face of it, the Government’s draft legislation honoured the commitment that had been given, but I suggest that there are weaknesses in what the Government have proposed in this Bill.
I want to refer to the excellent work done by the Political and Constitutional Reform Committee. It has been pointed out that the Sewel convention has been distilled in the Government’s interpretation of it. Clause 2 refers only to the convention’s applicability in respect of devolved matters, and the convention also applies to legislation affecting the competences of the devolved institutions. We are concerned that, in some ways, what has happened in practice is not quite recognised in the Bill.
We are also concerned about the way in which the convention is to be placed on a statutory footing. Students of British constitutional history will recognise that, according to Dicey’s principle, this British Parliament has ultimate sovereignty. Such a statutory footing recognises that constitutional reality, but does not challenge it or take it forward in any way whatever. That is somewhat unfortunate and certainly worthy of debate. The statutory footing, in reality, does not count for anything because what we have is essentially a summation of the Sewel convention that is little more than a political statement. Indeed, the Political and Constitutional Reform Committee quoted academics as saying that the clause was “legally vacuous” and
“like a bowl of jelly”.
We should be concerned about that.
It is noteworthy that the House of Lords Constitution Committee, which is highly regarded by many people, said, in its rather more sedate way, that
“it can be said that the new provision will recognise the existence of the Sewel convention rather than turn it into a legally binding principle.”
That is an extremely important phrase. Although those of us who are committed firmly to the Sewel principle recognise that there is no challenge to the convention, who knows what will happen in the future? That is why it should be legally binding, not just on this Government, but on all future Governments of any political complexion. Those issues need to be aired fully in considering the Sewel convention, because they are important and fundamental to the Bill.
David Mundell
I am happy to respond to the points made and to restate, as I did on the previous group, that I will be meeting the Scottish Parliament’s Devolution (Further Powers) Committee next week, which will be an opportunity to explore some of the issues it raised in its report.
The Government’s starting point is that the Smith commission’s intention was not that the current constitutional position should be changed. Instead, the commission’s intention was that legislation should accurately reflect the political understanding of the convention, and that is exactly what I see the clause as doing.
Currently, the Government do not normally legislate in devolved areas without the consent of the Scottish Parliament. Clause 2 sets out that practice. In doing so, it puts on a statutory footing a convention that has been consistently adhered to by successive United Kingdom Governments. I understand the desire to put beyond doubt that we will seek the consent of the Scottish Parliament when legislating on devolved matters. However, in effect, amendment 56 seeks to limit the sovereignty of this Parliament by removing the word “normally” to state that the Parliament of the United Kingdom cannot legislate with regard to devolved matters without the consent of the Scottish Parliament.
In reality, the amendment would directly contradict section 28(7) of the Scotland Act 1998, which states that the section, which relates to Acts of the Scottish Parliament,
“does not affect the power of the Parliament of the United Kingdom to make laws for Scotland.”
The amendment would radically alter the way in which the practice was intended to operate as envisaged by Lord Sewel.
Angus Robertson
I beg to move amendment 60, page 2, line 7, leave out “Section B3 of”
The Temporary Chair (Mr David Crausby)
With this it will be convenient to discuss the following:
Amendment 61, page 2, line 9, leave out from “Under the heading” to end of line 29 on page 3 and insert—
‘(2) In Part 2 of Schedule 5 to the Scotland Act 1998, for Section B3 (elections) substitute—
“B3 Elections
Elections for membership of the House of Commons and the European Parliament, including the subject matter of —
(a) the European Parliamentary Elections Act 2002,
(b) the Representation of the People Act 1983 and the Representation of the People Act 1985, and
(c) the Parliamentary Constituencies Act 1986,
so far as those enactments apply, or may apply, in respect of such membership.
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject matter of the European Parliamentary Elections Act 2002; and the reference to the subject matter of that Act is to be construed as a reference to it as at 24 July 2002 (the date that Act received Royal Assent).
(B) Elections for membership of the Parliament and local government elections
The holding of the poll at an ordinary general election for membership of the Parliament on the same day as the poll at—
(d) a parliamentary general election (other than an early such election),
(e) a European parliamentary general election, or
(f) an ordinary local government election in Scotland.
The combination of polls at—
(a) elections for membership of the Parliament, or
(h) local government elections,
with polls at elections or referendums that are outside the legislative competence of the Parliament.
Modifying the digital service for the purposes of applications for registration or for verifying information contained in such applications.
The subject matter of Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 in relation to polls at elections that are within the legislative competence of the Parliament where they are combined with polls at elections for membership of the House of Commons and the European Parliament.
“Digital service” has the meaning given by regulation 3(1) of the Representation of the People (Scotland) Regulations 2001 as at the day on which the Scotland Act 2015 received Royal Assent.
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject matter of Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000; and the reference to the subject-matter of those Parts of that Act is to be read as at the day on which the Scotland Act 2015 received Royal Assent.””
This amendment provides substitute text for the Section B3 Elections reservation in Schedule 5 to the Scotland Act 1998 which makes the effects clearer. Part (A) reserves elections for membership of the House of Commons and the European Parliament. Part (B) refers to Scottish Parliament elections and local government elections in Scotland.
Amendment 42, page 2, leave out lines 24 to 26.
Government amendments 92 to 98.
Clause 3 stand part.
Amendment 44, in clause 4, page 3, line 42, at end insert
“including provisions about the impact of the ending of the transition to Individual Electoral Registration on the completeness of the register.”
Amendment 46, in clause 4, page 3, line 42, at end insert
“including the automatic registration of eligible electors,”.
The Amendment would give Scottish Ministers power to make provision for automatic registration for Scottish Parliament and Scottish local elections. In its Fourth Report of Session 2014-15 (HC 232), the House of Commons Political and Constitutional Reform Committee reaffirmed its view that voters should ideally be registered to vote automatically.
Amendment 47, in clause 4, page 3, line 42, at end insert—
“(b) about online voting in elections,”
The Amendment would give Scottish Ministers power to make provision for online voting for Scottish Parliament and Scottish local elections. According to the House of Commons Political and Constitutional Reform Committee in its Fourth Report of Session 2014-15 (HC 232), online voting could lead to a substantial increase in the level of participation.
Government amendments 99 and 100.
Clause 4 stand part.
Government amendment 101.
Amendment 43, in clause 5, page 6, line 8, at end insert—
“(c) A referendum called under reserved powers”.
Clause 5 stand part.
Government amendments 102 to 105.
Clauses 6 to 8 stand part.
Government amendments 106 and 107.
Clause 9 stand part.
New clause 11—Electoral registration: requirement to produce report—
‘(1) The Electoral Commission shall prepare and publish guidance setting out, in relation to Scotland, how to further improve the electoral registration process and how to ensure the completeness of the electoral registers.
(2) Guidance under subsection (1) must in particular include—
(a) workable proposals for prompting people to register to vote or update their registration details when using other public services;
(b) whether to allow schools, universities and colleges to block-register students;
(c) whether to pilot election day registration; and
(d) other proposals to ensure that greater numbers of attainers join the electoral register.”
The New Clause would require the Electoral Commission to produce a report into ways of further improving the electoral registration process and of ensuring the completeness of the electoral registers in Scotland.
Oral Answers to Questions
David Crausby Excerpts(13 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
My hon. Friend makes a very good point. It seems that in local government the Labour politicians pay the unions, whereas in national politics the unions pay for the Labour politicians. It is nice work if you can get it.
Mr David Crausby (Bolton North East) (Lab)
Q4. The Government have switched the indexation of benefits and public sector pensions from the retail prices index to the lower consumer prices index, but when it comes to hiking up petrol, they continue to use the higher retail prices index. In the interests of fairness, how can the Prime Minister justify using the higher indexation for petrol? Should the Government not at the very least use one or the other?
The Prime Minister
I can give the hon. Gentleman one tip. Before writing the question, it is always good to work out one’s own party’s policy. The Opposition are now committed to increasing benefits by CPI rather than RPI. His party is backing our policy and is far from opposing it.