To ask the Scottish Executive what legislative consent motions it will lodge in the Parliament in connection with the legislative programme of the UK Government to be announced in the Queen’s Speech on 3 December 2008.

In accordance with the Sewel Convention, the UK Parliament does not legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.

This is an important part of the devolution settlement, which acknowledges the special constitutional position of the Scottish Parliament and the democratic mandate conferred on this Parliament by the people of Scotland. In the view of the Scottish Government, the Sewel Convention will remain an essential part of the constitution of the UK for as long as the UK Parliament retains its current powers and functions in relation to Scotland.

In the normal course of business, legislation on devolved matters should be scrutinised and determined in the Scottish Parliament. There may however be situations in which it is helpful and appropriate for legislation dealing with devolved matters to be taken forward at Westminster.

The Scottish Government is committed to assessing opportunities of this kind on their merits and to working closely and constructively with the UK Government, on a case-by-case basis, to deliver legislation which best meets Scotland’s needs. The Scottish Government is equally committed to working with the UK Government to pursue opportunities to extend devolved competence.

The formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation on devolved matters, including alterations to devolved competence, in accordance with Chapter 9B of Standing Orders.

Within the legislative programme announced today by the UK Government, we have identified and agreed a number of potential opportunities to legislate for the benefit of Scotland on matters that are within the legislative competence of the Scottish Parliament or which alter legislative or executive competence.

The UK Bills which we currently expect to give rise to Legislative Consent Motions in the Scottish Parliament are:

Equality – to include Scotland in the extension of public sector duties and address inequities on age, sexual orientation and belief.

Coroners & Justice – ensuring that criminals in Scotland do not profit from writing about their crimes by joining with the UK Government in a UK wide civil scheme for the recovery of profits from criminal memoires.

Local Democracy, Economic Regeneration & Construction – to include Scotland in amendments to new Construction Contracts legislation, ensuring consistency across the UK, a desire expressed by the industry in consultations.

Marine & Coastal Access - introduces measures to Scotland which ensure the sustainable development of the marine environment within environmental limits and gives an enhanced role to Scottish Government to address issues exclusive to Scottish waters, as well as to provide for greater integration with UK Marine Planning.

Policing & Crime – To close the loophole regarding Football Banning Orders, as requested by the Cabinet Secretary for Finance & Sustainable Growth after the incidents witnessed at the UEFA Cup final in Manchester earlier this year.

The Scottish Government expects, in due course, to lodge memoranda and motions for these bills, once they are introduced in the UK Parliament. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

It is possible that further opportunities to legislate for Scotland by means of Legislative Consent Motions may occur in connection with other UK bills, as their provisions are developed and finalised. Any additional proposals of this kind will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.