House of Commons Amendments

Session 2015 - 16
Internet Publications
Other Bills before Parliament

Notices of Amendments: 11 June 2015
15

Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

80


Clause  11,  page  13,  line  24,  paragraph (b)(iv), leave out “47(3)(b) to (e)” and insert

“52”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

81


Clause  11,  page  13,  line  25,  paragraph (b)(v), leave out “48(2) to (4)” and insert

“59”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

82


Clause  11,  page  13,  line  26,  paragraph (b)(vi), leave out “49(2) and (4)(b) to (e)”

and insert “61”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

83


Clause  11,  page  13,  line  27,  leave out paragraph (b)(vii).

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

84


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


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

Notices of Amendments: 11 June 2015
16

Scotland Bill, continued

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


Clause  11,  page  13,  line  31,  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


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


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

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


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.

Notices of Amendments: 11 June 2015
17

Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

87


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


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


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

“(2A)
In paragraph 4 of Schedule 4 (protection of Scotland Act 1998 from

modification), insert new sub-paragraph—

“(5A)
This paragraph does not apply to amendments to Schedule 5, Part II,

Head A, Section A1 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.”

Member’s explanatory statement

This amendment would enable the Scottish Parliament to amend the Scotland Act 1998 to remove

the reservation on taxation, borrowing and public expenditure in Scotland, with the effect that the

Scottish Parliament could then legislate in these areas to provide for full fiscal autonomy in

Scotland.

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.

Notices of Amendments: 11 June 2015
18

Scotland Bill, continued

(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


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.

(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.”

Notices of Amendments: 11 June 2015
19

Scotland Bill, continued

(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


To move the following Clause—


“Application of the Human Rights Act 1998 to Scotland

The 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


To move the following Clause—


“Constitution of Scotland

(1)
The 1998 Scotland 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

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.

Notices of Amendments: 11 June 2015
20

Scotland Bill, continued

Mr Graham Allen

NC7


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


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


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.

(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).

Notices of Amendments: 11 June 2015
21

Scotland Bill, continued

(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.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

NC10


To move the following Clause—


“Consent of the Scottish Parliament to certain Westminster Acts

(1)
In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament), at the

end add—

“(8)
But the Parliament of the United Kingdom must not pass Acts applying

to Scotland that make provision about a devolved matter without the

consent of the Scottish Parliament.

(9)
A provision is about a devolved matter if the provision—

(a)
applies to Scotland and does not relate to reserved matters,

(b)
modifies the legislative competence of the Scottish Parliament,

or

(c)
modifies the functions of any member of the Scottish

Government.



© Parliamentary copyright	Revised 12 June 2015