Clause 86 - Application of criminal law to renewable energy installations
Energy Bill [Lords]
3:15 pm
Mr Michael Weir (Spokesperson (Environment & Food; Health; Rural Affairs; Trade & Industry); Angus, Scottish National Party)
This small matter follows on from what the hon. Lady has said. Subsection (6) refers to:
''Proceedings for anything that is an offence by virtue only of an Order in Council''.
What does the Minister think might be imposed by an Order in Council that might be a criminal offence under Scots law? Scots law is a wholly devolved matter and this House would legislate for criminal law in Scotland only if a Sewel motion was passed in the Scottish Parliament, as has been done many times. It is difficult to see how an Order in Council, promulgated by Ministers in Westminster, could impose a criminal penalty under the jurisdiction of Scots law. Can he clarify that point?