Session 2010 - 12
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661

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 21 June 2011

 

Report Stage Proceedings

 

Scotland Bill, As Amended


 

New Clauses

 

Definition of Scottish taxpayer for Scottish variable rate

 

Mr Secretary Moore

 

Added  NC5

 

To move the following Clause:—

 

‘(1)    

In Part 4 of the 1998 Act (power to vary income tax rate), for subsections (1) to

 

(6) of section 75 (Scottish taxpayers) substitute—

 

“     

Sections 80D to 80F (definition of Scottish taxpayer) apply for the

 

purposes of this Part.”

 

(2)    

This section ceases to have effect at the end of the last year for which Part 4 has

 

effect (see section 26(2) and (4)).’.

 


 

Exercise of functions relating to Seirbheis nam Meadhanan Gàidhlig

 

Mr Secretary Moore

 

Added   nc 6

 

To move the following Clause:—

 

‘(1)    

The Broadcasting Act 1990 is amended as follows.

 

(2)    

In section 183 (financing of programmes in Gaelic out of Gaelic Television Fund)

 

for subsection (1) substitute—

 

“(1)    

The Scottish Ministers must, for each financial year, pay to OFCOM such

 

amount as they may determine to be appropriate for the purposes of this

 

section.”

 

(3)    

Omit subsection (8) of that section.

 

(4)    

Section 183A (membership of the Gaelic Media Service) is amended as follows.

 

(5)    

In subsection (4) after “the Secretary of State” insert “and the Scottish Ministers”.

 

(6)    

In subsection (6)(b) after “the Secretary of State” insert “with the agreement of

 

the Scottish Ministers”.


 
 

Report Stage Proceedings: 21 June 2011                  

662

 

Scotland Bill, continued

 
 

(7)    

In Schedule 19 (Gaelic Media Service: supplementary provisions), paragraph 12

 

(annual reports) is amended as follows.

 

(8)    

In sub-paragraph (3) for the words from “the Secretary of State” to the end

 

substitute—

 

“(a)    

the Secretary of State, who must lay copies of it before each

 

House of Parliament, and

 

(b)    

the Scottish Ministers, who must lay a copy of it before the

 

Scottish Parliament.”

 

(9)    

Sub-paragraph (4) is omitted.

 

(10)    

In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.)

 

Order 1999 (S.I. 1999/1750)—

 

(a)    

in Schedule 1 (functions transferred to the Scottish Ministers), omit the

 

entry relating to section 183 of the Broadcasting Act 1990;

 

(b)    

in Schedule 2 (functions made exercisable concurrently), omit the

 

reference to paragraph 12(3) of Schedule 19 to that Act;

 

(c)    

in Schedule 5 (modification of enactments), omit paragraph 10(4).’.

 


 

Exercise of power to make Order disqualifying persons from membership of the

 

Parliament

 

Mr Secretary Moore

 

Added  NC12

 

To move the following Clause:—

 

‘(1)    

The 1998 Act is amended as follows.

 

(2)    

In section 112 (subordinate legislation: general), after subsection (5) insert—

 

“(6)    

Section 27 of the Interpretation and Legislative Reform (Scotland) Act

 

2010 (asp 10) (functions exercisable by Scottish statutory instrument)

 

applies to the function of making an Order in Council under section 15(1)

 

or (2).”

 

(3)    

In section 92 (Queen’s Printer for Scotland), after subsection (4) insert—

 

“(4A)    

For the purposes of subsection (4)(c), the function of Her Majesty of

 

making an Order in Council under section 15(1) or (2) (power to specify

 

persons disqualified from membership of the Parliament) is to be

 

regarded as being exercisable within devolved competence.”

 

(4)    

In section 104 (power to make provision consequential on legislation of, or

 

scrutinised by, the Parliament), after subsection (2) insert—

 

“(3)    

For the purposes of subsection (2)(c), the function of Her Majesty of

 

making an Order in Council under section 15(1) or (2) (power to specify

 

persons disqualified from membership of the Parliament) is to be

 

regarded as being exercisable within devolved competence.”

 

(5)    

In Schedule 4 (enactments etc protected from modification), in paragraph 11

 

(general exceptions: subordinate legislation), after sub-paragraph (3) insert—

 

  “(4)  

For the purposes of sub-paragraph (3)(c), the function of Her Majesty

 

of making an Order in Council under section 15(1) or (2) (power to


 
 

Report Stage Proceedings: 21 June 2011                  

663

 

Scotland Bill, continued

 
 

specify persons disqualified from membership of the Parliament) is to

 

be regarded as being exercisable within devolved competence.”’.

 


 

The Lord Advocate: Convention rights and Community law

 

Mr Secretary Moore

 

Added  NC13

 

To move the following Clause:—

 

‘(1)    

The 1998 Act is amended as follows.

 

(2)    

In section 57(3) (Community law and Convention rights: excepted acts of the

 

Lord Advocate), omit the words after paragraph (b).

 

(3)    

After section 98 insert—

 

“98A  

The Lord Advocate and Convention rights etc: criminal appeals

 

(1)    

This section applies to an act or failure to act of the Lord Advocate—

 

(a)    

in prosecuting any offence, or

 

(b)    

in the capacity of head of the system of criminal prosecution in

 

Scotland.

 

(2)    

In this section “compatibility” means the compatibility of such an act or

 

failure to act with any of the Convention rights or with Community law.

 

(3)    

For the purpose of determining any question relating to compatibility, an

 

appeal shall lie to the Supreme Court against a determination by a court

 

of two or more judges of the High Court of Justiciary.

 

(4)    

An appeal under this section lies from such a court only with the

 

permission of that court or, failing such permission, with permission of

 

the Supreme Court.

 

(5)    

Where the High Court’s determination was on an appeal under section

 

106 of the Criminal Procedure (Scotland) Act 1995 (appeal from solemn

 

proceedings), subsections (3) to (3D) of that section apply in accordance

 

with subsections (7) and (8) below.

 

(6)    

Where the High Court’s determination was on an appeal under

 

subsection (2) of section 175 of that Act (appeal from summary

 

proceedings), subsections (5) to (5D) of that section apply in accordance

 

with subsection (7) and (8) below.

 

(7)    

The subsections of the 1995 Act referred to in subsections (5) and (6)

 

above (appeal to be on grounds of miscarriage of justice) apply to the

 

Supreme Court in relation to an appeal under this section as they apply to

 

the High Court in relation to any appeal.

 

(8)    

But an alleged miscarriage of justice may not be brought under review of

 

the Supreme Court by virtue of subsection (7) except for the purpose of

 

determining a question relating to compatibility.

 

(9)    

In relation to an appeal under this section, the Supreme Court has all the

 

powers of the court below and may (in consequence of determining a

 

question relating to compatibility)—


 
 

Report Stage Proceedings: 21 June 2011                  

664

 

Scotland Bill, continued

 
 

(a)    

affirm, set aside or vary any order or judgment made or given by

 

that court;

 

(b)    

remit any issue for determination by that court;

 

(c)    

order a new trial or hearing.”

 

(4)    

In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert—

 

            

“But a question whether an act or failure to act is, or would be,

 

incompatible with any of the Convention rights or with Community

 

law is not a devolution issue if it is an act or failure to act of the Lord

 

Advocate in prosecuting any offence or in the capacity of head of the

 

systems of criminal prosecution and investigation of deaths in

 

Scotland.”

 

(5)    

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

 

(6)    

In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), for “paragraph

 

13(a) of Schedule 6 to the Scotland Act 1998” substitute “section 98A of the

 

Scotland Act 1998 or paragraph 13(a) of Schedule 6 to that Act”.

 

(7)    

In section 124(2)—

 

(a)    

for “and paragraph 13(a) of Schedule 6 to the Scotland Act 1998”

 

substitute “, section 98A of the Scotland Act 1998 and paragraph 13(a)

 

of Schedule 6 to that Act”;

 

(b)    

after “appeal under” insert “section 98A of that Act or”.

 

(8)    

In section 288A—

 

(a)    

in subsection (1) omit “in pursuance of paragraph 6 of Schedule 6 to the

 

Scotland Act 1998 (devolution issues)”;

 

(b)    

for subsection (2) substitute—

 

“(2)    

Where the Advocate General for Scotland was a party in

 

pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998

 

(devolution issues), the Advocate General may refer to the High

 

Court for their opinion any devolution issue which has arisen in

 

the proceedings.

 

(2A)    

Whether or not subsection (2) applies, the Advocate General for

 

Scotland may refer to the High Court for their opinion any

 

question which has arisen in the proceedings as to whether an act

 

or failure to act of the Lord Advocate in prosecuting in the

 

proceedings or in the capacity of head of the system of criminal

 

prosecution in Scotland was incompatible with any of the

 

Convention rights or with Community law.

 

(2B)    

If a reference is made under subsection (2) or (2A) the Clerk of

 

Justiciary shall send to the person acquitted or convicted and to

 

any solicitor who acted for that person at the trial a copy of the

 

reference and intimation of the date fixed by the Court for a

 

hearing.”;

 

(c)    

in subsection (6) after “(2)” insert “or (2A)”.

 

(9)    

In section 288B(1)—

 

(a)    

for “paragraph 13(a) of Schedule 6 to the Scotland Act 1998” substitute

 

“section 98A of the Scotland Act 1998 or paragraph 13(a) of Schedule 6

 

to that Act”;

 

(b)    

omit “of a devolution issue”.’.

 



 
 

Report Stage Proceedings: 21 June 2011                  

665

 

Scotland Bill, continued

 
 

Power to vary retrospective decisions about non-legislative acts

 

Mr Secretary Moore

 

Added  NC14

 

To move the following Clause:—

 

‘In section 102 of the 1998 Act (powers of courts or tribunals to vary retrospective

 

decisions), in subsection (1) at the end add “, or

 

(c)    

any other purported exercise of a function by a member of the

 

Scottish Government was outside devolved competence.”’.

 


 

Funding formula for Scottish Government

 

Mr Frank Field

 

Hugh Bayley

 

Not selected  NC1

 

To move the following Clause:—

 

‘(1)    

Within six months of the day on which this Act is passed, the Chancellor of the

 

Exchequer shall lay before the House a report on the formula for allocating funds

 

from the Consolidated Fund to the Scottish Government, and on alternative ways

 

of calculating the sums to be paid.

 

(2)    

Within six weeks of laying the report referred to in subsection (1) above, the

 

Chancellor of the Exchequer shall lay before the House proposals for a new

 

funding formula which would leave the four nations of the UK with a per capita

 

spending figure of no more than ±5% of each other.”.

 


 

Food labelling

 

Edward Miliband

 

Ann McKechin

 

Tom Greatrex

 

Not selected  NC2

 

To move the following Clause:—

 

‘In Part 2 of Schedule 5 to the Scotland Act 1998 (reserved matters: specific

 

reservation), at the end of section C8 to add the words “but this exception does

 

not permit the Scottish Parliament to legislate on food labelling of foodstuffs that

 

are placed for sale within Scotland.’.

 



 
 

Report Stage Proceedings: 21 June 2011                  

666

 

Scotland Bill, continued

 
 

Crown Estate

 

Mr Angus Brendan MacNeil

 

Pete Wishart

 

Stewart Hosie

 

Angus Robertson

 

Mr Mike Weir

 

Dr Eilidh Whiteford

 

Not selected  NC4

 

To move the following Clause:—

 

‘(1)    

In Part 1 of Schedule 5 of the Scotland Act 1998 paragraphs 2(3) and 3(3)(a) will

 

be omitted.

 

(2)    

The Crown Estate will be treated as a cross-border public authority for the

 

purposes of sections 88 to 90 of the Scotland Act 1998.

 

(3)    

In section 1(4) of the Crown Estate Act 1961, for “Secretary of State” wherever

 

it appears substitute “Scottish Minister”.’.

 


 

Funding formula for Scottish Government (No. 2)

 

Mr Frank Field

 

Kate Hoey

 

Mr Philip Hollobone

 

Hugh Bayley

 

John Mann

 

Mr Graham Brady

 

Not called  NC8

 

To move the following Clause:—

 

‘(1)    

Within six months of the day on which this Act is passed, the Chancellor of the

 

Exchequer shall lay before the House a report on the formula for allocating funds

 

from the Consolidated Fund to the Scottish Government, and on alternative ways

 

of calculating the sums to be paid.

 

(2)    

Within six weeks of laying the report referred to in subsection (1) above, the

 

Chancellor of the Exchequer shall lay before the House proposals for a new

 

funding formula which would ensure that the funds allocated to the Scottish

 

Government are no more than 5 per cent. below or above the equivalent figure for

 

each of the other nations of the UK.’.

 



 
 

Report Stage Proceedings: 21 June 2011                  

667

 

Scotland Bill, continued

 
 

Tax on profits of companies

 

Stewart Hosie

 

Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

Negatived on division  NC9

 

To move the following Clause:—

 

‘In Part 4A of the 1998 Act (as inserted by section 24), after Chapter 4 (inserted

 

by section 30) insert—

 

“Chapter 5

 

Tax on Profits of Companies

 

80L    

Tax on profits of companies

 

The Secretary of State shall, within one month of the coming into force

 

of section 80B of this Act, lay in accordance with Type A procedure as

 

set out in Schedule 7 to this Act a draft Order in Council which specifies

 

as an additional devolved tax a tax charged on the profits of

 

companies.”’.

 


 

Composition of Scottish Parliament

 

Mr Brian H. Donohoe

 

Mr Jim Hood

 

Mr Michael McCann

 

Mr Tom Clarke

 

Not called  NC11

 

To move the following Clause:—

 

‘In Schedule 1 to the Scotland Act 1998, as substituted by Schedule 1 to the

 

Scottish Parliament (Constituencies) Act 2004—

 

(a)    

for paragraph 1 there is substituted—

 

“1         

The constituencies for the purposes of this Act are—

 

(a)    

the Orkney Islands,

 

(b)    

the Shetland Islands, and

 

(c)    

the parliamentary constituencies in Scotland, except a

 

parliamentary constituency including either of those

 

islands.”;

 

(b)    

in paragraph 2(3) for “seven” there is substituted the word “five”;

 

(c)    

Paragraphs 3 to 14 are omitted.’.

 



 
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