Clause 94 - Making of order
Proceeds of Crime Bill
8:55 am
Mr George Foulkes (Minister of State, Scottish Office; Carrick, Cumnock and Doon Valley, Labour/Co-operative)
No. I was saying that when a Sewel motion has been passed on the devolved areas of the Bill, there is no problem about the reserved matters. This Parliament is supreme. On devolved matters, this Parliament—the supreme Parliament—has devolved legislative powers to the Scottish Parliament. If the Scottish Parliament adjudge it appropriate for such matters be dealt with by the United Kingdom Parliament, the Sewel motion is passed to return to us the power to legislate in devolved matters.
If the Scottish Parliament gives us that power, and the Bill is then considered in Committee, it would be ridiculous to suggest that we cannot amend it, because we have the power to do so. The Committee must discuss and analyse the Bill in detail. It is up to United Kingdom Ministers to judge whether an amendment is of such magnitude that we need to consult Scottish Ministers. If that is the case, we should do so.
For drafting or technical amendments, there would be no need to take such action. In fact, there are some amendments on the amendment paper today on which we would not consult, nor would we contemplate doing so. If an amendment were of sufficient magnitude, then obviously we would consult Scottish Ministers. It is then up to them to decide whether they think that the amendment is of sufficient magnitude to return it to the Scottish Parliament for consideration. If, for example—as I think has been suggested, if not in this Committee then outside it—the Assets Recovery Agency were extended to Scotland, it, rather than the Lord Advocate, would carry out certain functions. Perhaps then Scottish Ministers would consider that the amendment was of sufficient magnitude to go back to the Scottish Parliament. That must be their judgment, not ours.