Scotland Act 1998: Section 35 Power

Wayne David Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

No. The Minister for Women and Equalities, my right hon. Friend the Member for Saffron Walden (Kemi Badenoch), tells me that the UK Government consulted a number of years ago, and Wales would have been included in that consultation. The point is that there is no democratic vandalism, or whatever the hon. Gentleman was saying. The Act that contains section 35 is entirely democratic, and we are now using that order to protect women and children’s safeguards, which we believe are undermined by the cut-across in two GB-wide laws.

[Wayne David (Caerphilly) (Lab)]

In his response to the shadow Secretary of State, my hon. Friend the Member for Edinburgh South (Ian Murray), the right hon. Gentleman said that section 35 of the 1998 Act was not an instrument of last resort, but the memorandum of understanding signed in 2012 made it an instrument of last resort by common agreement, so what discussions on a constitutional basis has the Secretary of State had with the First Minister of Scotland to avoid this impasse?

[Mr Jack]

It is not the last resort. What I said to the shadow Secretary of State was that we have 28 days in which to take legal advice and act. Failing that, the Bill goes for Royal Assent. That is the timeframe we operate in. There is then the opportunity for further discussions with the Scottish Government to see if we can get the legislation in scope. We made the same offer with the UNCRC (Incorporation) (Scotland) Bill, which we took to a section 33 order, and that offer still stands. We are happy to discuss with the Scottish Government what amendments could be made to the Bill to get it in scope so that it does not have adverse effects on UK-wide legislation. There is never quite a last resort when you can go on talking, discussing and trying to resolve your differences.