Scotland Act 1998: Section 35 Power

Owen Thompson Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

I will not go into the details of Lady Haldane’s judgment in December, but the hon. Lady is right to say that that has created part of the conflict. Again, that will be laid out in the statement of reasons. We would like the Scottish Government to address the concerns we have as to sufficient protections and safeguards for women and children across UK-wide legislation and for that to be reflected in the Bill.

[Owen Thompson (Midlothian) (SNP)]

On a point of order, Mr Deputy Speaker.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. There are no points of order during the statement.

--- Later in debate ---

[Mr Jack]

I do not want to be rude to the hon. Lady, but I am afraid what she has just said shows that she does not understand the Scotland Act or what actions are available to the United Kingdom Government. We cannot bring forward a section 33 order, or invoke section 35, while a Bill is going through the Scottish Parliament. Once the Bill has finished its third and final stage, there is a 28-day process and the legal advice—which I must say is taken on all Bills that the Scottish Parliament passes as part of the devolution settlement—and then we decide what course should be taken, based on the advice we get. On this occasion, the advice is that section 33 is not appropriate, but that section 35 is.

[Owen Thompson (Midlothian) (SNP)]

I think it is exceptionally discourteous of the Secretary of State to refer consistently to a statement of reasons that nobody in the Chamber except him appears to have seen. This was not an urgent question or something he did not know about; this was a statement he brought himself. We should have had the statement of reasons before he made this statement. What is it about persistent electoral failure in Scotland that makes him so averse to following the principles of basic democracy?

[Mr Jack]

This is beyond parody. Democracy is what the Scotland Act is. Section 35 is in the Scotland Act. The SNP voted for the Scotland Act with section 35 in it. It is a democratic instrument.