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Scotland Bill — Committee (5th Day)

Part of the debate – in the House of Lords at 10:00 pm on 21st March 2012.

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Photo of Lord Foulkes of Cumnock Lord Foulkes of Cumnock Labour 10:00 pm, 21st March 2012

My Lords, we have had a fascinating debate ranging from the vicissitudes of the Lothian list elections, which I know only too well, to the lairs-both of them-of the noble Lord, Lord Selsdon. The importance that I attach to these debates is indicated by the fact that I have been here all evening rather than at St Mirren Park where I would have seen Hearts beat St Mirren by two goals to nil. Fortunately, the semi-final when, as my noble friend Lord Browne will know, Hearts will face Celtic is on a Sunday, so I will not have the problem that I have had tonight and I will be able to be there. Having said that, I beg leave to withdraw the amendment.

Amendment 91 withdrawn.

Amendments 94 to 94C not moved.

Amendment 94CA (to Amendment 94C) not moved.

Amendments 94D and 94E not moved.

Clause 10 disagreed.

Amendment 95

Moved by Lord Wallace of Tankerness

95: After Clause 10, insert the following new Clause-

"Continued effect of provisions ceasing to be within legislative competence

(1) In section 30 of the 1998 Act (legislative competence: supplementary) after subsection (4) insert-

"(5) Subsection (6) applies where any alteration is made-

(a) to the matters which are reserved matters, or

(b) to Schedule 4,

(whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise).

(6) Where the effect of the alteration is that a provision of an Act of the Scottish Parliament ceases to be within the legislative competence of the Parliament, the provision does not for that reason cease to have effect (unless an enactment provides otherwise)."

(2) After section 29(4) of that Act (legislative competence) insert-

"(5) Subsection (1) is subject to section 30(6)."

(3) In section 92 of that Act (Queen's Printer for Scotland), after subsection (4A) (inserted by section 16) insert-

"(4B) If, following an alteration such as is mentioned in section 30(5)-

(a) subordinate legislation is made, confirmed or approved under a provision which continues to have effect by virtue of section 30(6), and

(b) the making, confirmation or approval would be within devolved competence but for the alteration, the subordinate legislation is to be regarded for the purposes of this section as being made, confirmed or approved within devolved competence.""