Scotland and Wales Bill

Part of Clause 1 – in the House of Commons at 12:00 am on 19 January 1977.

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Photo of Mr Ian Gow Mr Ian Gow , Eastbourne 12:00, 19 January 1977

The Lord President will perhaps reply later. However, that subsection states—and this, at least, is in the plainest terms— A Scottish Assembly may amend or repeal a provision made by or under an Act of Parliament. How can that power given to an Assembly in Edinburgh be consistent with the declaration that appears in the second sentence of Clause 1—that the supreme authority of Parliament to make laws for the United Kingdom is not affected? As our constitution now rests, it is not possible for an Act of this United Kingdom Parliament to be repealed save by this Parliament. Now we have it stated in the plainest terms that the new Assembly may amend or repeal an Act made by this Parliament.

I wonder what on earth is meant by the phrase, They"— —that is, the provisions of the Bill— do not affect the unity of the United Kingdom". The Committee should note that the phrase is not "shall not affect the unity of the United Kingdom" but do not affect the unity of the United Kingdom". How will that be construed by the courts? If a court should find that one of the provisions in the Bill, or the Act as it would then be, affected the unity of the United Kingdom, would the section be void and unenforceable? These are real questions to which I hope the Minister will address himself when he replies.

I am glad that the Lord President is in his place. He will remember that one of his distinguished predecessors once referred to what was then claimed by the Conservative Party to be its unity. Aneurin Bevan said that it was the unity of the graveyard. Is that the sort of unity to which the Government are referring?

Government and legislation by declaration serve only to add to confusion. There is so much legislation today that is open to confusion and difficult to interpret, and for the Government to heap yet one further confusion on to a people who are already bemused by a surfeit of legislation is to create only a field-day for the lawyers and bewilderment for the people, thus bringing into further disrepute the legislative process of this place.