(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.
(10) 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—
(a) the Scottish Ministers so agree, or
(b) 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.
Question put, That the clause be added to the Bill.
The House divided:
Ayes 245, Noes 287.