New Clause 10 — Consent of the Scottish Parliament to certain Westminster Acts

Scotland Bill – in the House of Commons at 10:09 pm on 15th June 2015.

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Votes in this debate

  • Division number 14
    A majority of MPs voted against requiring the UK Parliament to have the consent of the Scottish Parliament before legislating on devolved matters.

‘(1) In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament), at the end add—

“(8) But the Parliament of the United Kingdom must not pass Acts applying to Scotland that make provision about a devolved matter without the consent of the Scottish Parliament.

“(9) A provision is about a devolved matter if the provision—

(a) applies to Scotland and does not relate to reserved matters,

(b) modifies the legislative competence of the Scottish Parliament, or

(c) modifies the functions of any member of the Scottish Government.

(1) In subsection (8), “Acts” includes any Act, whether a public general Act, a local and personal Act or a private Act.

(2) After section 28 of the Scotland Act 1998 insert—

“28A Duty to consult the Scottish Government on Bills applying to Scotland

(1) A Minister of the Crown shall consult Scottish Ministers before introducing any Bill into the Parliament of the United Kingdom for an Act of that Parliament that would make provision applying to Scotland.

(2) Where the Bill is for an Act making provision that would require the consent of the Scottish Parliament by virtue of section 28(8), the requirement to consult under subsection (1) includes a requirement that a Minister of the Crown give the Scottish Ministers a copy of the provisions of the Bill that apply to Scotland no later than—

(a) 21 days before the proposed date of introduction, or

(b) such later date as the Scottish Ministers may agree.

(3) The requirement in subsection (2) does not apply if—

(c) the Scottish Ministers so agree, or

(d) there are exceptional circumstances justifying failure to comply with the requirement.

(4) The reference in subsection (1) to an Act of Parliament is a reference to any Act whether a public general Act, a local and personal Act or a private Act.’—(Angus Robertson.)

This new clause would ensure that the UK Parliament can only legislate in devolved areas with the consent of the Scottish Parliament. It puts the Sewel Convention onto a statutory footing, as agreed by the Smith Commission.

Brought up, and read the First time.

Question put, That the clause be read a Second time:—

The Committee divided:

Ayes 63, Noes 309.

Division number 14 Scotland Bill — New Clause 10 — Require UK Parliament to Have Consent of Scottish Parliament Before Legislating on Devolved Matters

A majority of MPs voted against requiring the UK Parliament to have the consent of the Scottish Parliament before legislating on devolved matters.

Aye: 63 MPs

No: 309 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Absent: 274 MPs

Absents: A-Z by last name

Question accordingly negatived.

The occupant of the Chair left the Chair (Programme Order, 8 June).

The Deputy Speaker resumed the Chair.

Progress reported; Committee to sit again tomorrow.