Session 2015 - 16
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Other Bills before Parliament


 
 

Notices of Amendments: 10 June 2015                     

15

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

84

 

Parliamentary Star    

Clause  11,  page  13,  line  28,  paragraph (c), leave out “(3)”

 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

85

 

Parliamentary Star    

Clause  11,  page  13,  line  29,  paragraph (d), leave out from “general” to the end of

 

the paragraph, and insert—

 

“(i)    

sections 81 to 85,

 

(ii)    

sections 91 to 95, and

 

(iii)    

section 97,”

 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

86

 

Parliamentary Star    

Clause  11,  page  13,  line  29,  paragraph (e), leave out from “supplementary” to the

 

end of the paragraph in line 37, and insert—

 

“(i)    

sections 112, 113 and 115, and Schedule 7 (insofar as those

 

sections and that Schedule apply to any power in this Act of the

 

Scottish Ministers to make subordinate legislation),

 

(ii)    

sections 118, 120 and 121,

 

(iii)    

section 124 (insofar as that section applies to any power in this

 

Act of the Scottish Ministers to make subordinate legislation),

 

(iv)    

section 126(1) and (6) to (8), and

 

(v)    

section 127,”

 

Secretary David Mundell

 

108

 

Parliamentary Star    

Clause  11,  page  13 ,  line  32,  before “section” insert “section 112(1) and (3) to (5),”

 

Member’s explanatory statement

 

This amendment would allow the Scottish Parliament to modify subsections (1) and (3) to (5) of

 

section 112 of the Scotland Act 1998 to the extent that those subsections apply to any power

 

exercisable within devolved competence to make subordinate legislation.

 

Secretary David Mundell

 

109

 

Parliamentary Star    

Clause  11,  page  13 ,  line  34,  leave out from “power” to end of line 36 and insert

 

“exercisable within devolved competence to make subordinate legislation),”

 

Member’s explanatory statement

 

This amendment would allow the Scottish Parliament to modify the sections of the Scotland Act


 
 

Notices of Amendments: 10 June 2015                     

16

 

Scotland Bill, continued

 
 

1998 to be listed at sub-paragraph 4(2)(e)(i) of Schedule 4 so far as those sections apply to any

 

powers exercisable within devolved competence to make subordinate legislation (including Orders

 

in Council).

 

Secretary David Mundell

 

110

 

Parliamentary Star    

Clause  11,  page  13 ,  line  37,  at end insert “, and

 

(iii)    

section 124 (so far as that section applies to any power

 

exercisable within devolved competence to make

 

subordinate legislation),”

 

Member’s explanatory statement

 

This amendment would allow the Scottish Parliament to modify section 124 of the Scotland Act

 

1998 to the extent that the section applies to any power exercisable within devolved competence to

 

make subordinate legislation.

 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

87

 

Parliamentary Star    

Clause  11,  page  13,  line  39,  paragraph (g), leave out “6” and insert “7”

 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

88

 

Parliamentary Star    

Clause  11,  page  13,  line  41,  paragraph (h), leave out “paragraphs 1 to 6 of”

 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

89

 

Parliamentary Star    

Clause  11,  page  13,  line  42,  at end insert—

 

“(2A)    

In paragraph 4 of Part I (The protected provisions, This Act) of Schedule 4

 

(protection of Scotland Act 1988 from modification), insert new sub-paragraph—

 

“(5A)    

This paragraph does not apply to amendments to Schedule 5, Part II,

 

Head A, Section 1A insofar as they relate to:

 

(a)    

taxes and excise in Scotland,

 

(b)    

government borrowing and lending in Scotland, and

 

(c)    

control over public expenditure in Scotland.”

 



 
 

Notices of Amendments: 10 June 2015                     

17

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

Mr Douglas Carswell

 

NC2

 

To move the following Clause—

 

         

“Constitutional Convention

 

(1)    

The Prime Minister shall establish a Constitutional Convention within one month

 

of the day on which this act is passed.

 

(2)    

The Chair and Members of the Constitutional Convention shall be appointed in

 

accordance with a process to be laid before, and approved by, resolution in each

 

House of Parliament.

 

(3)    

The Chair of the Constitutional Convention is not permitted to be a Member of

 

Parliament or a member of a political party.

 

(4)    

Members of the Constitutional must include, but not be limited to, the

 

following—

 

(a)    

members of the public, chosen by lot through the jury system, who shall

 

comprise the majority of those participating in the convention;

 

(b)    

elected representatives at all levels;

 

(c)    

representatives of civil society organisations and, in an advisory role,

 

academia.

 

(5)    

The Constitutional Convention shall review and make recommendations in

 

relation to future governance arrangements for the United Kingdom, including

 

but not limited to the following—

 

(a)    

the role and voting rights of Members of the House of Commons;

 

(b)    

democratic reform of the House of Lords;

 

(c)    

further sub-national devolution within England;

 

(d)    

codification of the constitution.

 

(6)    

The Constitutional Convention shall engage in widespread consultation across

 

the nations and regions of the UK, and must provide a report to both Houses of

 

Parliament by 31 March 2016.

 

(7)    

The Secretary of State must lay before both Houses of Parliament a formal

 

response to each recommendation of the Constitutional Convention within four

 

months of the publication of the final report from the Constitutional Convention.”

 

Member’s explanatory statement

 

This New Clause provides an outline for a Constitutional Convention selected from the widest

 

possible number of groups in society to analyse and design future governance arrangements for

 

the United Kingdom, and to report by 31 March 2016.

 


 

Sir Edward Leigh

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Transfer of reserved matters

 

(1)    

Schedule 5 (which defines reserved matters) to the Scotland Act 1998, has effect

 

with the following modifications.

 

(2)    

In Part I (general reservations) omit paragraph 6 (political parties).

 

(3)    

Part II (specific reservations) is omitted.


 
 

Notices of Amendments: 10 June 2015                     

18

 

Scotland Bill, continued

 
 

(4)    

Insert Part IIA (UK pensions liability) as follows—

 

“Part IIA

 

UK Pensions liability

 

            

The consent of the Treasury is required before the enactment of any

 

provision passed by the Scottish Parliament which would affect the

 

liabilities of the National Insurance Fund in respect of old age

 

pensions.”

 

(5)    

In Part III (general provisions) the following provisions referring to Part II of the

 

Schedule are omitted—

 

(a)    

paragraph 3(2);

 

(b)    

paragraph 4(2)(c).”

 

Member’s explanatory statement

 

This Amendment would allow the Scottish Parliament to make provision for the registration and

 

funding of political parties, but would otherwise retain the Part I reserved matters covering the

 

constitution, foreign affairs, public service, defence and treason. It would entirely remove the

 

remaining reservations over financial and economic matters, home affairs, trade and industry,

 

energy, transport, social security, regulation of the professions, employment, health and

 

medicines, media and culture and other miscellaneous matters. The consent of the Treasury would

 

be needed for any changes in old age pensions which would affect the liabilities of the National

 

Insurance Fund.

 


 

Mr Graham Allen

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

         

“Application of the Human Rights Act 1998 to Scotland

 

This application of the Human Rights Act 1998 to Scotland shall not be repealed

 

in so far as it affects Scotland without the express consent of the Scottish

 

Parliament.”

 

Member’s explanatory statement

 

The New Clause states the intention that the express consent of the Scottish Parliament would be

 

required before any repeal by the Parliament of the United Kingdom of the Human Rights Act 1998

 

as it applies to Scotland.

 


 

Mr Graham Allen

 

NC6

 

Parliamentary Star    

To move the following Clause—

 

         

“Constitution of Scotland

 

(1)    

The 1998 Act shall be cited as The Written Constitution of Scotland.

 

(2)    

A standing Scottish Constitutional Convention shall be convened jointly by the

 

Secretary of State and the Scottish Ministers to conduct reviews and to make


 
 

Notices of Amendments: 10 June 2015                     

19

 

Scotland Bill, continued

 
 

recommendations to the Scottish Parliament and the Parliament of the United

 

Kingdom.”

 

Member’s explanatory statement

 

The New Clause renames the Scotland Act 1998 and introduces a standing Scottish Constitutional

 

Convention.

 


 

Mr Graham Allen

 

NC7

 

Parliamentary Star    

To move the following Clause—

 

         

“Application of the Parliament Acts to the Scottish Parliament and the

 

Scottish Government

 

(1)    

The Parliament Act 1911 is amended as follows.

 

(2)    

In subsection 2(1), after “other than a Money Bill”, insert “or a Bill amending

 

sections 1 or 2 of the Scotland Act 2015.”

 

Member’s explanatory statement

 

The New Clause entrenches the permanence of the Scottish Parliament and the Scottish

 

Government by ensuring that changing Clauses 1 and 2 of the Bill once enacted would be possible

 

only with the consent of both Houses of Parliament.

 


 

Mr Graham Allen

 

NC8

 

Parliamentary Star    

To move the following Clause—

 

         

“Scottish Parliament nomination of members of the House of Lords

 

(1)    

The Scottish Parliament shall nominate members for appointment to the House of

 

Lords, in a method to be determined wholly by the Scottish Parliament.

 

(2)    

The number of members of the House of Lords appointed in accordance with this

 

section shall at any time be in broadly the same proportion to the total

 

membership of the House of Lords as the population of Scotland is to the total

 

population of the United Kingdom.”

 

Member’s explanatory statement

 

The New Clause would require the Scottish Parliament to nominate members to sit in the House

 

of Lords in proportion to Scotland’s share of the United Kingdom population.

 


 

Mr Graham Allen

 

NC9

 

Parliamentary Star    

To move the following Clause—

 

         

“Constitutional convention

 

(1)    

Within one month of the day on which this Act is passed, a constitutional

 

convention is to be held to consider and make recommendations on the

 

constitution of the United Kingdom.


 
 

Notices of Amendments: 10 June 2015                     

20

 

Scotland Bill, continued

 
 

(2)    

The Secretary of State must make regulations to—

 

(a)    

appoint a day on which the convention must commence its operations,

 

(b)    

make fair and transparent rules about how the convention is to operate

 

and how evidence is to be adduced,

 

(c)    

make further provision about the terms of reference prescribed under

 

section 2, and

 

(d)    

specify how those who are to be part of the convention are to be chosen

 

in accordance with subsection (8).

 

(3)    

The date appointed under subsection (2)(a) must not be later than 31 December

 

2016.

 

(4)    

A statutory instrument containing regulations under subsection (2), if made

 

without a draft having been approved by a resolution of each House of

 

Parliament, is subject to annulment in pursuance of a resolution of either House

 

of Parliament.

 

(5)    

The convention shall have the following terms of reference—

 

(a)    

the devolution of legislative and fiscal competence to and within

 

Scotland and the rest of the UK,

 

(b)    

the devolution of legislative and fiscal competence to local authorities

 

within the United Kingdom,

 

(c)    

electoral reform,

 

(d)    

constitutional matters to be considered in further conventions, and

 

(e)    

procedures to govern the consideration and implementation of any future

 

constitutional reforms.

 

(6)    

The convention must publish recommendations within the period of one year

 

beginning with the day appointed under subsection (2)(a).

 

(7)    

The Secretary of State must lay responses to each of the recommendations from

 

the convention before each House of Parliament within six months beginning

 

with the day on which the recommendations are published.

 

(8)    

The convention must be composed of representatives of the following—

 

(a)    

all registered political parties within the United Kingdom,

 

(b)    

civic society and local authorities of the nations and regions of the United

 

Kingdom.

 

Member’s explanatory statement

 

The New Clause would require the appointment of a convention to review the operation of the Act

 

resulting from the Scotland Bill in the wider context of the Union.

 


 

Ian Murray

 

Wayne David

 

NC11

 

Parliamentary Star    

To move the following Clause—

 

         

“Electoral registration: requirement to produce report

 

(1)    

The Electoral Commission shall prepare and publish guidance setting out, in

 

relation to Scotland, how to further improve the electoral registration process and

 

how to ensure the completeness of the electoral registers.

 

(2)    

Guidance under subsection (1) must in particular include—

 

(a)    

workable proposals for prompting people to register to vote or update

 

their registration details when using other public services;


 
 

Notices of Amendments: 10 June 2015                     

21

 

Scotland Bill, continued

 
 

(b)    

whether to allow schools, universities and colleges to block-register

 

students;

 

(c)    

whether to pilot election day registration; and

 

(d)    

other proposals to ensure that greater numbers of attainers join the

 

electoral register.”

 

Member’s explanatory statement

 

The New Clause would require the Electoral Commission to produce a report into ways of further

 

improving the electoral registration process and of ensuring the completeness of the electoral

 

registers in Scotland.

 


 

CLAUSES 12 TO 17, SCHEDULE 1, CLAUSE 18, NEW CLAUSES RELATING TO PART 2,

 

NEW SCHEDULES RELATING TO PART 2

 

Graham Stringer

 

Mr Kevan Jones

 

36

 

Parliamentary Star - white    

Page  19,  line  18,  leave out Clause 16

 


 

Ian Murray

 

Wayne David

 

Mr Douglas Carswell

 

NC1

 

To move the following Clause—

 

         

“Independent Commission on Full Fiscal Autonomy

 

(1)    

The Secretary of State shall appoint a commission of between four and eleven

 

members to conduct an analysis of the impact of full fiscal autonomy on the

 

Scottish economy, labour market and public finances and to report by 31 March

 

2016.

 

(2)    

No Member of the House of Commons or of the Scottish Parliament may be a

 

member of the commission.

 

(3)    

No employee of the Scottish Government or of any government Department or

 

agency anywhere in the United Kingdom may be a member of the commission.

 

(4)    

The Secretary of State shall appoint as members of the commission only persons

 

who appear to the Secretary of State to hold a relevant qualification or to have

 

relevant experience.

 

(5)    

The Secretary of State shall not appoint as a member of the commission any

 

person who is a member of a political party.

 

(6)    

Before appointing any member of the commission, the Secretary of State must

 

consult—

 

(a)    

the Chair of any select committee appointed by the House of Commons

 

to consider Scottish affairs, and

 

(b)    

the Chair of any select committee appointed by the House of Commons

 

to examine the expenditure, administration and policy of Her Majesty’s

 

Treasury and its associated public bodies.

 

(7)    

The Secretary of State may by regulations issue the commission with terms of

 

reference and guidelines for the commission’s working methods, including an


 
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Revised 11 June 2015