Session 2015 - 16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 22 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

 

Amendments tabled since the last publication: NCs 20-25

 

Committee of the whole House


 

Scotland Bill


 

Note

 

This document includes all remaining amendments and includes any withdrawn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 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

 

Page  19,  line  18,  leave out Clause 16

 


 

Ian Murray

 

Wayne David

 

Mr Douglas Carswell

 

NC1

 

To move the following Clause—


 
 

Notices of Amendments: 22 June 2015                     

2

 

Scotland Bill, continued

 
 

         

“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

 

outline definition of the policy of full fiscal autonomy for the commission to

 

analyse.

 

(8)    

The Secretary of State must lay copies of the report of the commission before

 

both Houses of Parliament, and must transmit a copy of the report of the

 

commission to the presiding officer of the Scottish Parliament.

 

(9)    

Regulations under this section must be made by statutory instrument, subject to

 

annulment in pursuance of a resolution of either House of Parliament.”

 

Member’s explanatory statement

 

This New Clause requires the Secretary of State for Scotland to establish an independent

 

commission of external experts, appointed in consultation with the Treasury Select Committee and

 

Scottish Affairs Select Committee, to publish a report by 31 March 2016 setting out an analysis of

 

the policy of Full Fiscal Autonomy on the Scottish economy, labour market and public finances.

 


 

Ian Murray

 

Wayne David

 

NC20

 

Parliamentary Star    

To move the following Clause—

 

         

“Review of operation of VAT refund schemes in Scotland

 

(1)    

The Treasury shall, within six months of the day on which this Act is passed,

 

publish and lay before the House of Commons a review of the application of VAT

 

refund schemes for businesses in Scotland.

 

(2)    

The review must include an analysis of the impact of the qualifying criteria for

 

the VAT refund schemes—

 

(a)    

in Section 33 of the VAT Act 1994, and

 

(b)    

for Government Departments and the NHS,


 
 

Notices of Amendments: 22 June 2015                     

3

 

Scotland Bill, continued

 
 

    

on the level of VAT payable by Police Scotland and by the Scottish Fire and

 

Rescue Services.”

 

Member’s explanatory statement

 

Following the amalgamation of the (formerly regional) Scottish fire and rescue services and

 

Scottish police forces into a single fire service (the Scottish Fire and Rescue Services) and a single

 

police force (Police Scotland) respectively, they are no longer eligible for VAT exemptions under

 

the VAT refund schemes mentioned. This amendment requires the Treasury to carry out and

 

publish a review of the schemes in Scotland, and in particular in relation to the level of VAT

 

payable by Police Scotland and the Scottish Fire and Rescue Services.

 


 

Ian Murray

 

NC21

 

Parliamentary Star    

To move the following Clause—

 

         

“The Scottish Office of Budget Responsibility

 

(1)    

Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) is amended

 

as follows.

 

(2)    

In Section A1 (fiscal, economic and monetary policy)—

 

(a)    

For the heading “Exception” substitute “Exceptions”—

 

(b)    

After that heading, insert—

 

“The creation of a body corporate, called The Scottish Officer for Budget

 

Responsibility, for the independent scrutiny of Scotland‘s public

 

finances, including all tax and spending in areas for which the Scottish

 

Government has legislative competence.””

 

Member’s explanatory statement

 

This New Clause would provide for the creation of a Scottish Office for Budget Responsibility to

 

exercise fiscal and budgetary oversight over Scottish Government competencies. The Smith

 

Commission recommended that the Scottish Parliament should seek to expand and strengthen the

 

independent scrutiny of Scotland’s public finances in recognition of the additional variability and

 

uncertainty that further tax and spending devolution will introduce into the budgeting process.

 


 

Mr Graham Allen

 

NC23

 

Parliamentary Star    

To move the following Clause—

 

         

“Local Discretionary Taxation

 

Individual local authorities in Scotland shall have the discretion to raise

 

additional income by levying a tax, in addition to Council Tax and Non-Domestic

 

Rates, on either residents, occupiers, property owners or visitors in the local

 

authority or within a discrete area of the local authority.”

 

Member’s explanatory statement

 

The power will enable local authorities to introduce tax(es) without the need to seek approval from

 

Scottish Government, with the rates and reliefs being determined locally and the local authority

 

being both granted powers to ensure that those on which the tax is levied have a legal obligation


 
 

Notices of Amendments: 22 June 2015                     

4

 

Scotland Bill, continued

 
 

to pay and the local authority having the discretion to determine how the additional revenue is

 

expended.

 


 

Mr Graham Allen

 

NC24

 

Parliamentary Star    

To move the following Clause—

 

         

“Tax and Economy Forum

 

(1)    

The Secretary of State shall appoint a Tax and Economy Forum to conduct an

 

analysis of the impact of the changes in legislative and executive competence

 

resulting from this Act on the economy, labour market and public finances in

 

Scotland and in the other parts of the United Kingdom.

 

(2)    

The Tax and Economy Forum may make recommendations for fiscal reforms

 

within England, to be considered by the Secretary of State.”

 

Member’s explanatory statement

 

The new Clause would require the appointment of a Tax and Economy Forum to assess the impacts

 

of fiscal devolution proposed within this Bill on Scotland and on the rest of the United Kingdom.

 


 

Mr Graham Allen

 

NC25

 

Parliamentary Star    

To move the following Clause—

 

         

“UK Commission on fiscal powers

 

(1)    

Within 6 months of the day on which this Act is passed, the Secretary of State

 

shall appoint a commission to examine the deployment of fiscal powers at local,

 

devolved and United Kingdom levels.

 

(2)    

The commission shall comprise between 4 and 6 representatives of any of—

 

(a)    

the Scottish Parliament,

 

(b)    

the National Assembly for Wales,

 

(c)    

the Northern Ireland Assembly

 

(d)    

the Local Government Association

 

(e)    

the House of Commons, and

 

(f)    

the House of Lords.

 

(3)    

The bodies mentioned in subsection (2) shall select their representatives in any

 

way they see fit and the chief executive or presiding officer of each of those

 

bodies shall inform the Secretary of State of the names of the representatives of

 

those bodies, which may replace their representatives whenever the body

 

concerned has determined to do so.

 

(4)    

Subject to subsection (5), the commission may determine its own quorum and

 

methods of working and must publish a protocol setting out its own terms of

 

reference.

 

(5)    

The commission shall keep the operation of fiscal powers under review, making

 

reports and recommendations as it deems appropriate.

 

Member’s explanatory statement

 

The purpose of this New Clause is to ensure that there is proper consultation between the different


 
 

Notices of Amendments: 22 June 2015                     

5

 

Scotland Bill, continued

 
 

parts of the United Kingdom to ensure that new Scottish fiscal powers are deployed in a way that

 

does not undermine the cohesion of the UK. The proposed Commission could also make

 

recommendation regarding the future of devolved fiscal powers.

 


 

CLAUSES 19 TO 30, NEW CLAUSES RELATING TO PART 3,

 

NEW SCHEDULES RELATING TO PART 3

 

Ian Murray

 

Wayne David

 

Kate Green

 

11

 

Clause  19,  page  21,  line  28,  after “employment”, insert—

 

“(d)    

housing benefit.”

 

Ian Murray

 

Kate Green

 

112

 

Clause  19,  page  22,  leave out lines 6 and 7

 

Member’s explanatory statement

 

Removes the word “short-term” in the clause devolving disability benefit. It is not clear what

 

“short-term” means in this context, how it will be defined or whom it may exclude from receiving

 

the benefit.

 

Ian Murray

 

Wayne David

 

48

 

Clause  19,  page  22,  line  45,  leave out sub-paragraph (a).

 


 

Ian Murray

 

Wayne David

 

49

 

Clause  20,  page  23,  line  33,  leave out “8” and insert “9”

 

Ian Murray

 

Wayne David

 

50

 

Clause  20,  page  23,  line  34,  leave out “8” and insert “9”

 



 
 

Notices of Amendments: 22 June 2015                     

6

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

Kate Green

 

12

 

Clause  21,  page  24,  leave out lines 9 and 10

 


 

Ian Murray

 

Wayne David

 

Kate Green

 

13

 

Clause  22,  page  24,  leave out lines 36 and 37

 


 

Ian Murray

 

Wayne David

 

Kate Green

 

8

 

Clause  23,  page  25,  line  28,  leave out “short term”

 

Ian Murray

 

Wayne David

 

Kate Green

 

111

 

Clause  23,  page  25,  line  39,  leave out “occasional”

 

Ian Murray

 

Wayne David

 

Kate Green

 

15

 

Clause  23,  page  25,  line  45,  at end add—

 

         

“Exception 9

 

    

A benefit not in existence at the relevant date provided entitlement to or the

 

purpose of the benefit is different from entitlement to or the purpose of any

 

benefit that is—

 

(a)    

in existence at the relevant date,

 

(b)    

payable by or on behalf of a Minister of the Crown, and

 

(c)    

otherwise a reserved benefit.

 

    

For the purpose of this exception—

 

“the relevant date” means the date of introduction into Parliament of the Bill

 

that becomes the Scotland Act 2015;

 

“reserved benefit” means a benefit which is to any extent a reserved matter.”

 



 
 

Notices of Amendments: 22 June 2015                     

7

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

Kate Green

 

5

 

Clause  24,  page  26,  line  23,  leave out paragraph (b) and insert—

 

“(b)    

they have consulted the Secretary of State as to when any change made

 

by the regulations is to start to have effect.’

 


 

Ian Murray

 

Wayne David

 

Kate Green

 

7

 

Clause  25,  page  27,  line  1,  after second “of”, insert “the delivery mechanism for”

 

Ian Murray

 

Wayne David

 

Kate Green

 

6

 

Clause  25,  page  27,  line  3,  leave out paragraph (b) and insert—

 

“(b)    

they have consulted the Secretary of State as to when any change made

 

by the regulations is to start to have effect.’

 


 

Ian Murray

 

Kate Green

 

113

 

Clause  26,  page  27,  line  29,  leave out “where the assistance is for at least a year”

 

Member’s explanatory statement

 

This would allow the provision of employment programmes where assistance is for less than a

 

year. The Scottish Government could develop support programmes for those who repeatedly move

 

in and out of short periods of work, or admit people to the Work Programme early.

 

Ian Murray

 

Wayne David

 

Kate Green

 

9

 

Clause  26,  page  27,  line  36,  after “person”, insert “in conjunction with the local

 

authority”

 

Ian Murray

 

Kate Green

 

114

 

Clause  26,  page  27,  line  39,  at end insert—

 

“(b)    

provision of support for disabled persons in the form of non-repayable

 

payments to enable them to access employment, remain in employment,

 

or move into self-employment or start a business.”

 

Member’s explanatory statement

 

This amendment provides for the devolution of the Access-to-work scheme.


 
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Revised 23 June 2015