Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

Committee of the whole House: 6 July 2015                

29

 

Scotland Bill, continued

 
 

fiscal and macro-economic policies of the Scottish and United Kingdom Governments and their

 

environmental, economic and social effects.

 


 

Ian Murray

 

NC62

 

To move the following Clause—

 

         

“Duty of Scottish Ministers in relation to European Charter of Local Self-

 

Government

 

(1)    

Scottish Ministers must, in exercising their functions, observe and promote the

 

principles and provisions of the European Charter of Local Self-Government.

 

(2)    

In subsection (1) the European Charter of Local Self-Government means the

 

Charter of the Congress of the Council of Europe signed at Strasbourg on 15

 

October 1985.

 

(3)    

In particular, Scottish Ministers shall be placed under a legal duty to consider,

 

when new legislation is introduced to the Scottish Parliament, whether that

 

legislation introduced to the Scottish Parliament conforms to the principle of

 

subsidiarity, as set out in the European Charter of Local Self-Government.”

 

Member’s explanatory statement

 

The European Charter on Local Self-Government was specifically drafted to protect communities

 

and citizens from centralisation that would reduce or remove these rights. This new clause seeks

 

to place a duty on Scottish Ministers to observe and promote the EU Charter while carrying out

 

their functions. In particular, it would impose a legal duty on Scottish Ministers to ensure that all

 

new legislation allowed for the decentralisation of powers to local communities, in keeping with

 

the principle of double devolution.

 


 

Ian Murray

 

Wayne David

 

NC63

 

To move the following Clause—

 

         

“Assessment of the Scottish Parliament having the power to alter the National

 

Minimum Wage in Scotland

 

(1)    

The Secretary of State shall instruct the Low Pay Commission to undertake and

 

publish, within 12 months of the date on which this Act is passed, an analysis of

 

the economic impact of the Scottish Parliament having the power to alter the

 

United Kingdom National Minimum Wage.

 

(2)    

The Secretary of State must require the analysis to assess the effects of the

 

Scottish Parliament having the power to alter the United Kingdom National

 

Minimum Wage on the Scottish and United Kingdom economies, with a specific

 

focus on the following areas—

 

(a)    

the risks of establishing a two tier minimum wage across the United

 

Kingdom, including an analysis of any possible negative impact on

 

employment conditions for United Kingdom and Scottish workers;

 

(b)    

the importance of maintaining the principle of minimum standards across

 

the UK, and the extent to which low pay issues differ in Scotland from

 

the rest of the UK;


 
 

Committee of the whole House: 6 July 2015                

30

 

Scotland Bill, continued

 
 

(c)    

the Scottish and United Kingdom labour market, in particular the effect

 

of a different level of minimum wage in Scotland on the jobs and working

 

hours of Scottish and United Kingdom workers;

 

(d)    

entitlement in Scotland to both devolved and reserved welfare payments;

 

(e)    

the possible effects on business investment in Scotland and the rest of the

 

United Kingdom;

 

(f)    

any other considerations that would arise from having different minimum

 

wages in communities on either side of the border;

 

(g)    

the institutional infrastructure required to establish, monitor and enforce

 

it;

 

(h)    

the implications for EU Directives on Posted and Agency Workers;

 

(i)    

the impact on wage levels in Scotland and the United Kingdom; and

 

(j)    

a report on how the National Minimum Wage can rise faster in Scotland

 

and across the United Kingdom to 58% of median earnings or more than

 

£8 per hour by 2019.””

 

Member’s explanatory statement

 

The new Clause requires the Low Pay Commission to assess the impact on the Scottish and UK

 

economies of the Scottish Parliament having the power to establish a different rate of the National

 

Minimum Wage (NMW) in Scotland. The analysis includes what institutional infrastructure would

 

be required, the relationship with EU Directives, the long-term impact on wages, and ways to

 

faster increase the NMW, whilst maintaining the principle of the UK NMW framework.

 


 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Angela Crawley

 

John Nicolson

 

NC65

 

To move the following Clause—

 

         

“Rail Services

 

    

“In Part 2 of Schedule 5 to the Act, in section E2, after “Exceptions” there

 

is inserted—

 

    

“The provision of rail passenger services that are Scotland-only services

 

(and so far as they include other services, include only cross-border

 

services designated by the Scottish Ministers), including the power to

 

decide who will run such services, the provisions of the Railways Act

 

1993 notwithstanding.””

 

Member’s explanatory statement

 

This amendment would devolve rail services in Scotland giving Scottish Ministers full powers and

 

flexibility to decide who would run such services.

 



 
 

Committee of the whole House: 6 July 2015                

31

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

1

 

Clause  63,  page  67,  line  24,  leave out paragraph (a)

 

Member’s explanatory statement

 

This amendment provides that section 1 will not come into force on the day on which the Act is

 

passed, in order to link the commencement of Part 1 of the Act (Constitutional arrangements) with

 

the work of the Constitutional Convention, outlined in New Clause NC2 which would be required

 

to report by 31 March 2016.

 

Ian Murray

 

Wayne David

 

2

 

Clause  63,  page  67,  line  26,  at end insert—

 

“(1A)    

Part 1 comes into force within one month of the publication of the report of the

 

Constitutional Convention appointed under section (Constitutional

 

Convention).”

 

Member’s explanatory statement

 

This amendment provides that Part 1 of the Act (Constitutional arrangements) comes into force

 

after publication of the report of the Constitutional Convention, as outlined in New Clause NC2,

 

which would be required to report by 31 March 2016.

 

Ian Murray

 

Wayne David

 

3

 

Clause  63,  page  67,  line  30,  leave out subsection (3) and insert—

 

“(3)    

Part 2 of the Bill comes into force at the end of 2 months beginning with the

 

publication of the report of the Independent Commission on Full Fiscal

 

Autonomy appointed under section (Independent Commission on Full Fiscal

 

Autonomy).”

 

Member’s explanatory statement

 

This amendment provides that Part 2 (Tax) will not come into force at the end of two months

 

beginning with the day on which the Act is passed, in order to link the commencement of the tax

 

provisions of the Act with the work of the Independent Commission on Full Fiscal Autonomy,

 

appointed under New Clause NC1,which would be required to report by 31 March 2016.

 

 

ORDER OF THE HOUSE [8 jUNE 2015]

 

That the following provisions shall apply to the Scotland Bill:

 

Committal

 

1.    

The Bill shall be committed to a Committee of the whole House.

 

Proceedings in Committee

 

2.    

Proceedings in Committee of the whole House shall be completed in four

 

days.

 

3.    

The proceedings shall be taken on the days shown in the first column of the

 

following Table and in the order so shown.

 

4.    

The proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at the times specified in the second column of the Table.

 


 
 

Committee of the whole House: 6 July 2015                

32

 

Scotland Bill, continued

 
 

      TABLE

 

Proceedings

Time for conclusion of proceedings

 
 

First day

 
 

Clauses 1 to 11, new Clauses

The moment of interruption on the

 
 

relating to Part 1, new Schedules

first day

 
 

relating to Part 1

  
 

Second day

 
 

Clauses 12 to 17, Schedule 1,

The moment of interruption on the

 
 

Clause 18, new Clauses relating to

second day

 
 

Part 2, new Schedules relating to

  
 

Part 2

  
 

Third day

 
 

Clauses 19 to 30, new Clauses

The moment of interruption on the

 
 

relating to Part 3, new Schedules

third day

 
 

relating to Part 3

  
    
    
 

Fourth day

 
 

Clauses 31 to 37, Schedule 2,

Three hours after the

 
 

Clauses 38 to 45, new Clauses

commencement of proceedings on

 
 

relating to Part 4, new Schedules

the Bill on the fourth day

 
 

relating to Part 4

  
 

Clauses 46 to 55, new Clauses

The moment of interruption on the

 
 

relating to Part 5, new Schedules

fourth day

 
 

relating to Part 5, Clauses 56 to 58,

  
 

new Clauses relating to Part 6, new

  
 

Schedules relating to Part 6, Clauses

  
 

59 to 64, new Clauses relating to

  
 

Part 7, new Schedules relating to

  
 

Part 7, remaining proceedings on the

  
 

Bill

  
 

Consideration and Third Reading

 

5.    

Any proceedings on Consideration shall (so far as not previously concluded)

 

be brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

6.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

Programming committee

 

7.    

Standing Order No 83B (Programming committees) shall not apply to

 

proceedings in Committee of the whole House, to any proceedings on

 

Consideration or to proceedings on Third Reading.


 
 

Committee of the whole House: 6 July 2015                

33

 

Scotland Bill, continued

 
 

Other proceedings

 

8.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 18 June:

 

Amendment 14

 

The following Notices were withdrawn on 23 June:

 

Amendments 11, 15, 34, 35, 91 and NC4

 

The following Notices were withdrawn on 24 June:

 

NCs 36, 37, 38, 42

 

The following Notices were withdrawn on 1 July:

 

Amendment 133, NC58

 


 
PreviousBack to Start
 

© Parliamentary copyright
Revised 03 July 2015