Report (2nd Day) (Continued)

Part of Scotland Bill – in the House of Lords at 3:45 pm on 28 March 2012.

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Photo of Lord Pearson of Rannoch Lord Pearson of Rannoch UKIP 3:45, 28 March 2012

Forgive me, but that does not appear to be exactly what the Bill says. It may be helpful for those who follow our proceedings, but do not go into the detail of the Bill and the Explanatory Notes and all the rest of it, if I read out briefly what the Bill says and then put some questions to the Minister.

The part of the Bill that the noble Lord, Lord Forsyth, is attempting to remove is new Section 80B of the 1998 Act on the power to add new devolved taxes. It states:

"Her Majesty", who of course acts under the advice of Ministers, so it is not her fault,

"may by Order in Council amend this Part so as to ... specify, as an additional devolved tax, a tax of any description ... or ... make any other modifications of the provisions relating to devolved taxes which She considers necessary or expedient".

I repeat a question put to the Minister by the noble Lord, Lord Forsyth. Can he think of anywhere else where a new tax or taxes can be imposed on our people by Order in Council without their informed consent? Have they given that consent and, if not, how will they do so? Are the Government really suggesting that this process will take place without going through your Lordships' House or the House of Commons? Are we not even to have the affirmative or negative procedure? We need to clarify this matter because, from what I know of it so far, this is going too far for our democracy.