Clause 7 - National Lottery Distribution Fund: apportionment

Part of National Lottery Bill – in a Public Bill Committee at 4:00 pm on 25th October 2005.

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Photo of Richard Caborn Richard Caborn Minister of State (Sport), Department for Culture, Media & Sport 4:00 pm, 25th October 2005

I hope that I can explain. After that explanation, I hope that the hon. Member for East Devon will withdraw the first amendment of the Committee.

The amendments would change references to “the Scottish Ministers” to “the Scottish Parliament” where they occur in relation to consultation and consent requirements throughout the Bill. The amendments would require the Scottish Parliament to be consulted on various Big Lottery Fund orders and directions, and for its consent to be obtained in relation to various Big Lottery Fund appointments.

I understand the hon. Gentleman’s aim, but we cannot accept his amendments. The aim of the provisions to which the amendments apply is to confer Executive functions on the Executive branches of the devolved Administrations. That is consistent with the manner in which existing functions in lottery legislation have already been conferred on Scottish Ministers through a number of transfer of function orders.

It would not make sense to confer Executive functions on to a legislative body. That approach has been thoroughly discussed with Scottish Ministers, and the Scottish Parliament has signified its assent to these provisions by passing a Sewel motion.

Confusion may have arisen because of the reference to the National Assembly for Wales. The reference reflects the fact that there is no legal distinction between the Executive and legislative arms of Government in Wales. The functions conferred by this Bill will be exercised by the Welsh Assembly Government.