Scotland Act 1998: Section 35 Power

Pete Wishart Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Scottish Affairs Committee.

[Pete Wishart (Perth and North Perthshire) (SNP)]

This is the single biggest attack on Scottish devolution and Scottish democracy since the establishment of the Scottish Parliament in 1999. A move to strike down a piece of legislation that is supported by every single party in the Parliament is as provocative as it is anti-democratic. When the Scotland Act went through Parliament back in 1997 and ’98, the Conservatives called section 35 the “colonial general rule”. Is the Secretary of State now the real-life colonial general imposing his view on a reluctant Scottish Parliament in the name of his and his party’s culture wars?

[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.

--- Later in debate ---

[Mr Jack]

Regarding any amendment to the Bill, if the Scottish Government want to bring it back, they have to address the central issue—I know there are difficulties for them with this—which is that we do not believe, in the cross-cut against GB legislation, that there are sufficient protections and safeguards for women and children, as reflected in existing Westminster legislation.

[Pete Wishart (Perth and North Perthshire) (SNP)]

On a point of order, Mr Speaker.

[Mr Speaker]

No, I want to get through the ten-minute rule Bill. I will take points of order after that, depending on what the House decides.