House of Lords written question – answered at on 22 May 2007.
The Duke of Montrose
Shadow Minister (Environment, Food & Rural Affairs (Also In Scotland Team), Environment, Food & Rural Affairs, Shadow Minister, Scotland, Deputy Chief Whip, Whips
asked Her Majesty's Government:
Whether the Scottish Parliament can legislate for a referendum on (a) Scottish independence, or (b) a new settlement within the United Kingdom leading towards independence; and how this could be achieved within the framework of the Scotland Act 1998 and the Political Parties, Elections and Referendums Act 2000.
Lord Evans of Temple Guiting
Government Whip, Government Whip
In terms of Section 29(2)(b) of the Scotland Act 1998 a provision is outside the legislative competence of the Parliament if it relates to reserved matters. An Act of the Scottish Parliament (ASP) will not be law so far as any provision of it is outside the legislative competence of the Parliament.
The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
