Draft Scotland Act 1998 (transfer of functions to the scottish ministers etc.) Order 2019

Ian Murray Excerpts

Wednesday 27th March 2019 General Committees

[Ian Murray (Edinburgh South) (Lab)]

The Committee has just witnessed the shortest shadow ministerial reign in parliamentary history, as my hon. Friend the Member for Glasgow North East has now arrived.

Is a section 30 in this case permanent? Section 30s have been used in the past to transfer powers temporarily to the Scottish Government. For example, section 30 was used to allow the Scottish Parliament the power to hold the independence referendum in 2014. Is it permanent, and how can we be assured that the Scottish Government will use the powers, given that many powers that have been transferred—particularly in welfare under the Scotland Act 2016—have been handed back to the UK Government?

[Nigel Adams]

The hon. Gentleman—I congratulate him on his tenure as shadow Minister, which he carried out with great aplomb—makes a reasonable point, which I will come back to in my summing up. My initial reaction is that the response would be affirmative, but I will come on to that.

The draft order was laid one week before another related instrument, the Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019, which amends the 1989 Act to extend the statutory appeals procedure for consent applications made under section 36 to apply where the energy infrastructure is situated in the Scottish part of the REZ. That ensures alignment with section 36 applications in Scottish internal waters, and in the territorial sea adjacent to Scotland and other applications in relation to such infrastructure.

The UK Government and the Scottish Government have worked together closely to ensure that this order confirms a legal position for Scottish Ministers, and the order demonstrates that the UK Government remain committed to strengthening the devolution settlement and shows that Scotland’s two Governments are working together. As indicated, the order is necessary. I hope that hon. Members will agree that the practical result is to be welcomed, and I commend the order to the Committee.