House of Commons Amendments

Session 2015 - 16
Internet Publications
Other Bills before Parliament

1

House of Commons

Monday 15 June 2015

Committee of the whole House

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

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withdrawn amendments at the end.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”

Committee of the whole House: 15 June 2015
2

Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

58

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Subsection (1) or (1A) may be repealed only if—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

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Subsection (1) or (1A) may be repealed only if—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

Committee of the whole House: 15 June 2015
3

Scotland Bill, continued

Mr Graham Allen

55

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

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

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”

Committee of the whole House: 15 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

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

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

Committee of the whole House: 15 June 2015
5

Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

61

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.

Committee of the whole House: 15 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

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

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.

Committee of the whole House: 15 June 2015
7

Scotland Bill, continued

Secretary David Mundell

94

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

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

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

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

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.”



© Parliamentary copyright	Revised 12 June 2015