Session 2015 - 16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 11 June 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Committee of the whole House


 

Scotland Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the House [8 June 2015].

 

 


 

CLAUSES 1 TO 11, NEW CLAUSES RELATING TO PART 1,

 

NEW SCHEDULES RELATING TO PART 1

 

Mr Alistair Carmichael

 

16

 

Clause  1,  page  1,  line  7,  leave out first “A” and insert “The”

 

Ian Murray

 

Wayne David

 

37

 

Clause  1,  page  1,  line  7,  leave out “is recognised as” and insert “shall be”

 

Mr Alistair Carmichael

 

17

 

Clause  1,  page  1,  line  7,  leave out “recognised as”


 
 

Notices of Amendments: 11 June 2015                     

2

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

58

 

Parliamentary Star - white    

Clause  1,  page  1,  leave out lines 7 and 8 and insert—

 

“(1A)    

The Scottish Parliament is a permanent part of the United Kingdom’s

 

constitution.

 

(1B)    

Subsection (1) or (1A) may be repealed only if—

 

(a)    

the Scottish Parliament has consented to the proposed repeal, and

 

(b)    

a referendum has been held in Scotland on the proposed repeal and a

 

majority of those voting at the referendum have consented to it.”

 

Member’s explanatory statement

 

This amendment is to ensure that the Scottish Parliament can only be abolished with the consent

 

of the Scottish Parliament and the Scottish people after a referendum.

 

Ian Murray

 

Wayne David

 

38

 

Clause  1,  page  1,  line  8,  at end insert “and may not be abolished without the

 

consent of the Scottish people given effect by an Act of the Scottish Parliament”

 

Mr Alistair Carmichael

 

18

 

Clause  1,  page  1,  line  12,  leave out “recognised as”

 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

59

 

Parliamentary Star - white    

Clause  1,  page  1,  leave out lines 12 and 13 and insert—

 

“(1A)    

The Scottish Government is a permanent part of the United Kingdom’s

 

constitution.

 

(1B)    

Subsection (1) or (1A) may be repealed only if—

 

(a)    

the Scottish Parliament has consented to the proposed repeal, and

 

(b)    

a referendum has been held in Scotland on the proposed repeal and a

 

majority of those voting at the referendum have consented to it.”

 

Member’s explanatory statement

 

This amendment is to ensure that the Scottish Parliament can only be abolished with the consent

 

of the Scottish Parliament and the Scottish people after a referendum.


 
 

Notices of Amendments: 11 June 2015                     

3

 

Scotland Bill, continued

 
 

Mr Graham Allen

 

55

 

Parliamentary Star - white    

Clause  1,  page  1,  line  13,  at end insert—

 

“(1AA)    

Local government in Scotland shall be constituted separately and independently

 

from the Scottish Government as a permanent part of the constitutional

 

arrangements in Scotland and in the rest of the United Kingdom.”

 

Member’s explanatory statement

 

This Amendment is to ensure that local government is free to act as it sees fit without constraint

 

from the central executive.

 


 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

90

 

Parliamentary Star - white    

Page  1,  line  16,  leave out Clause 2

 

Member’s explanatory statement

 

This amendment signals intent to oppose ‘Clause stand part’ with respect to Clause 2 and to move

 

New Clause (Consent of the Scottish Parliament to certain Westminster Acts) to take its place.

 

Ian Murray

 

Wayne David

 

39

 

Clause  2,  page  2,  line  2,  leave out “But it is recognised” and insert

 

“Notwithstanding subsection (7) above”

 

Mr Graham Allen

 

56

 

Parliamentary Star - white    

Clause  2,  page  2,  line  2,  leave out “not normally” and insert “never”

 

Member’s explanatory statement

 

The Amendment would require the Sewel Convention, requiring the legislative consent of the

 

Scottish Parliament, to be observed in all legislation of the Parliament of the United Kingdom.

 

Ian Murray

 

Wayne David

 

Mr Alistair Carmichael

 

4

 

Clause  2,  page  2,  line  3,  leave out “normally”

 

Mr Alistair Carmichael

 

19

 

Clause  2,  page  2,  line  3,  after “legislate”, insert “(a)”

 

Mr Alistair Carmichael

 

20

 

Clause  2,  page  2,  line  3,  after “matters”, insert “and (b) to alter the legislative

 

competence of the Scottish Parliament or the executive competence of the Scottish

 

Government”


 
 

Notices of Amendments: 11 June 2015                     

4

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

41

 

Clause  2,  page  2,  line  4,  at end add—

 

“(9)    

A Minister of the Crown in charge of a Bill in either House of Parliament must,

 

before second reading of the bill—

 

(a)    

make a statement to the effect that in his view the provisions of the bill

 

do not constitute legislation with regard to devolved matters; or

 

(b)    

make a statement that the consent of the Scottish Parliament to the Bill is

 

being sought, or will be sought, and specifying the matters in respect of

 

which consent is being sought; and that the Bill will not be presented for

 

Royal Assent without such consent. Such a statement must be in writing

 

and be published in such manner as the Minister making it considers

 

appropriate”.

 

Mr Graham Allen

 

45

 

Parliamentary Star - white    

Clause  2,  page  2,  line  4,  at end add—

 

“(9)    

A Minister of the Crown in charge of a Bill in either House of Parliament which

 

makes provision with regard to devolved matters must, before Second Reading of

 

the Bill—

 

(a)    

make a statement to the effect that the Bill has the consent of the Scottish

 

Parliament (“a statement of consent”); or

 

(b)    

make a statement to the effect that although he is unable to make a

 

statement of consent the Government nevertheless wishes the House to

 

proceed with the Bill.

 

(10)    

A statement—

 

(a)    

under subsection (9) must be in writing and be published in such manner

 

as the Minister making it considers appropriate; and

 

(b)    

under subsection (9)(b) must also state the Government’s reasons for

 

wishing the House to proceed with the Bill.

 

(11)    

In this section, “devolved matters” include—

 

(a)    

the legislative competence of the Parliament; and

 

(b)    

whether, and the extent to which, functions are exercisable by the

 

Scottish Ministers.”

 

Member’s explanatory statement

 

In paragraph 70 of its Ninth Report of Session 2014-15 (HC 1022), the House of Commons

 

Political and Constitutional Reform Committee suggested that one approach to giving the Sewel

 

Convention the force of statute would be the addition of a requirement for the Government to set

 

out its reasons for legislating on a matter covered by the Sewel Convention without the consent of

 

the Scottish Parliament where it seeks to do so.

 


 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

60

 

Parliamentary Star - white    

Clause  3,  page  2,  line  7,  leave out “Section B3 of”


 
 

Notices of Amendments: 11 June 2015                     

5

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

61

 

Parliamentary Star - white    

Clause  3,  page  2,  line  9,  leave out from “Under the heading” to end of line 29 on

 

page 3 and insert—

 

“(2)    

In Part 2 of Schedule 5 to the Scotland Act 1998, for Section B3 (elections)

 

substitute—

 

“B3    

Elections

 

(A)    

Elections for membership of the House of Commons and the European

 

Parliament

 

    

Elections for membership of the House of Commons and the European

 

Parliament, including the subject matter of —

 

(a)    

the European Parliamentary Elections Act 2002,

 

(b)    

the Representation of the People Act 1983 and the

 

Representation of the People Act 1985, and

 

(c)    

the Parliamentary Constituencies Act 1986,

 

so far as those enactments apply, or may apply, in respect of such

 

membership.

 

    

Interpretation

 

Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject

 

matter of the European Parliamentary Elections Act 2002; and the

 

reference to the subject matter of that Act is to be construed as a

 

reference to it as at 24 July 2002 (the date that Act received Royal

 

Assent).

 

(B)    

Elections for membership of the Parliament and local government

 

elections

 

The holding of the poll at an ordinary general election for membership of

 

the Parliament on the same day as the poll at—

 

(a)    

a parliamentary general election (other than an early such

 

election),

 

(b)    

a European parliamentary general election, or

 

(c)    

an ordinary local government election in Scotland.

 

The combination of polls at—

 

(a)    

elections for membership of the Parliament, or

 

(b)    

local government elections,

 

with polls at elections or referendums that are outside the legislative

 

competence of the Parliament.

 

Modifying the digital service for the purposes of applications for

 

registration or for verifying information contained in such applications.

 

The subject matter of Parts 5 and 6 of the Political Parties, Elections and

 

Referendums Act 2000 in relation to polls at elections that are within the

 

legislative competence of the Parliament where they are combined with

 

polls at elections for membership of the House of Commons and the

 

European Parliament.


 
 

Notices of Amendments: 11 June 2015                     

6

 

Scotland Bill, continued

 
 

    

Interpretation

 

“Digital service” has the meaning given by regulation 3(1) of the

 

Representation of the People (Scotland) Regulations 2001 as at the day

 

on which the Scotland Act 2015 received Royal Assent.

 

Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject

 

matter of Parts 5 and 6 of the Political Parties, Elections and

 

Referendums Act 2000; and the reference to the subject-matter of those

 

Parts of that Act is to be read as at the day on which the Scotland Act

 

2015 received Royal Assent.””

 

Member’s explanatory statement

 

This amendment provides substitute text for the Section B3 Elections reservation in Schedule 5 to

 

the Scotland Act 1998 which makes the effects clearer. Part (A) reserves elections for membership

 

of the House of Commons and the European Parliament. Part (B) refers to Scottish Parliament

 

elections and local government elections in Scotland.

 

Ian Murray

 

Wayne David

 

42

 

Clause  3,  page  2,  leave out lines 24 to 26

 

Secretary David Mundell

 

92

 

Parliamentary Star - white    

Clause  3,  page  2 ,  leave out lines 30 to 32 and insert—

 

    

“Any digital service provided by a Minister of the Crown for the

 

registration of electors.”

 

Member’s explanatory statement

 

This amends the reservation of the Digital Service to allow for future changes, such as to the

 

operational mechanisms of the Service, subsequent amendments to the Representation of the

 

People (Scotland) Regulations 2001 (SI 2001/497) and for transfers of functions between

 

Ministers.

 

Secretary David Mundell

 

93

 

Parliamentary Star - white    

Clause  3,  page  2 ,  leave out lines 33 to 37 and insert—

 

    

“The subject matter of—

 

(a)    

Parts 5 and 6 of the Political Parties, Elections and Referendums

 

Act 2000 (expenditure in connection with elections) in relation

 

to an election within the legislative competence of the

 

Parliament, where the poll at the election is combined with the

 

poll at an election for membership of the House of Commons or

 

the European Parliament, and

 

(b)    

sections 145 to 148 and 150 to 154 of that Act (enforcement) as

 

they apply for the purposes of Part 5 or 6, so far as the subject-

 

matter of that Part is reserved by paragraph (a).”

 

Member’s explanatory statement

 

This amendment amends the reservation relating to Parts 5 and 6 of the Political Parties, Elections

 

and Referendums Act 2000 to make clear that sections 145 to 148 and 150 to 154 are also reserved

 

to the extent that those Parts are reserved.


 
 

Notices of Amendments: 11 June 2015                     

7

 

Scotland Bill, continued

 
 

Secretary David Mundell

 

94

 

Parliamentary Star - white    

Clause  3,  page  3 ,  line  1,  leave out from “Act” to end of line 2 and insert “as they

 

apply for the purposes of section 155 or 156, so far as the subject-matter of that section”

 

Member’s explanatory statement

 

This amendment makes drafting changes to the reservation of sections 145 to 148 and 150 to 154

 

of the Political Parties, Elections and Referendums Act 2000 in line with amendment 93.

 

Secretary David Mundell

 

95

 

Parliamentary Star - white    

Clause  3,  page  3 ,  leave out line 12 and insert—

 

“(c)    

sections 12, 21 to 33, 35 to 37, 39 to 57, 58 to 67, 69, 71, 71F,

 

71G, 71H to 71Y and 140A,”

 

Member’s explanatory statement

 

This amendment amends the reservation of the Political Parties, Elections and Referendums Act

 

2000 so that sections of that Act which have been repealed, make amendments to other legislation

 

or do not relate to elections to the Scottish Parliament are not included in the reservation.

 

Secretary David Mundell

 

96

 

Parliamentary Star - white    

Clause  3,  page  3 ,  line  15,  after “157”, insert “and 159”

 

Member’s explanatory statement

 

This amendment amends the reservation of the Political Parties, Elections and Referendums Act

 

2000 in B3(B) so that section 158 is not reserved. Section 158 provides for amendments and

 

repeals of other legislation and therefore there is no subject-matter within this section that needs

 

to be reserved.

 

Secretary David Mundell

 

97

 

Parliamentary Star - white    

Clause  3,  page  3 ,  line  16,  leave out from “154” to end of line 18 and insert “as they

 

apply for the purposes of a provision mentioned in paragraphs (a) to (e), so far as the

 

subject matter of that provision is reserved by those paragraphs.”

 

Member’s explanatory statement

 

This amendment makes drafting changes to the reservation of sections 145 to 148 and 150 to 154

 

of the Political Parties, Elections and Referendums Act 2000 in line with amendment 93.

 

Secretary David Mundell

 

98

 

Parliamentary Star - white    

Clause  3,  page  3 ,  leave out lines 20 to 25

 

Member’s explanatory statement

 

Due to amendment 92, definitions of the “digital service” and “elections in Scotland” are no

 

longer required.

 


 

Ian Murray

 

Wayne David

 

44

 

Clause  4,  page  3,  line  42,  at end insert “including provisions about the impact of

 

the ending of the transition to Individual Electoral Registration on the completeness of the

 

register.”


 
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Revised 12 June 2015