Session 2015-16
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Other Bills before Parliament


 
 

Committee of the whole House: 29 June 2015              

15

 

Scotland Bill, continued

 
 

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.’

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

120

 

Clause  26,  page  27,  line  22,  leave out from beginning to “for” in line 23 and insert

 

“Arrangements”

 

Member’s explanatory statement

 

Amendments 120, 121 and 122 make provision for the Scottish Parliament to have power to

 

legislate on arrangements for employment support programmes.

 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

121

 

Clause  26,  page  27,  leave out lines 27 to 29 and insert—

 

“(b)    

assisting persons (including persons claiming reserved benefits) who are

 

unemployed or at risk of long-term unemployment to select, obtain and

 

retain employment”

 

Member’s explanatory statement

 

Amendments 120, 121 and 122 make provision for the Scottish Parliament to have power to

 

legislate on arrangements for employment support programmes.

 

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.


 
 

Committee of the whole House: 29 June 2015              

16

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

122

 

Clause  26,  page  27,  line  34,  leave out “another person” and insert “a person other

 

than the person making the arrangements”

 

Member’s explanatory statement

 

Amendments 120, 121 and 122 make provision for the Scottish Parliament to have power to

 

legislate on arrangements for employment support programmes.

 

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.

 

Ian Murray

 

Wayne David

 

Kate Green

 

10

 

Clause  26,  page  27,  line  41,  at end insert “and

 

(d)    

temporary jobs paid at least the national minimum wage providing a

 

route back into further work.”

 



 
 

Committee of the whole House: 29 June 2015              

17

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

Kate Green

 

NC28

 

To move the following Clause—

 

         

“Housing benefit

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 8 (see section 23 above) insert—

 

         

“Exception 9

 

Housing benefit.””

 

Member’s explanatory statement

 

This New Clause provides for the full devolution of Housing Benefit, allowing Scottish Ministers

 

to abolish the Spare Room Subsidy in Scotland, and to provide £1.8 billion of investment in housing

 

in Scotland.

 


 

Ian Murray

 

Wayne David

 

Kate Green

 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC31

 

To move the following Clause—

 

         

“New benefits

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 8 (see section 23 above) insert—

 

         

“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.


 
 

Committee of the whole House: 29 June 2015              

18

 

Scotland Bill, continued

 
 

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.”

 

Member’s explanatory statement

 

This New Clause broadens the circumstances under which the Scottish Parliament can create new

 

benefits, as recommended by the Smith Commission.

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC39

 

To move the following Clause—

 

         

“National Insurance

 

(1)    

Section F1 of Schedule 5 to the Scotland Act 1998 is amended as follows.

 

(2)    

In the illustrations, omit “National Insurance;”

 

(3)    

In the exceptions, at the beginning insert—

 

“National Insurance.”

 

Member’s explanatory statement

 

This new clause would devolve National Insurance to the Scottish Parliament

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC40

 

To move the following Clause—

 

         

“National Insurance: employers’ contributions

 

(1)    

Section F1 of Schedule 5 to the Scotland Act 1998 is amended as follows.

 

(2)    

In the illustrations, omit “National Insurance;”


 
 

Committee of the whole House: 29 June 2015              

19

 

Scotland Bill, continued

 
 

(3)    

In the Exceptions, after exception 11 (see section (Benefits relating to children))

 

insert—

 

         

“Exception 12

 

National Insurance so far as relating to contributions payable by

 

employers.””

 

Member’s explanatory statement

 

This new clause would devolve employers’ National Insurance contributions to the Scottish

 

Parliament.

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC43

 

To move the following Clause—

 

         

“Job search and support

 

In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section H3 (job search and

 

support).”

 

Member’s explanatory statement

 

This new clause would devolve employment support programmes to the Scottish Parliament.

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC44

 

To move the following Clause—

 

         

“Working age benefits

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 9 (see section 23A above) insert—

 

         

“Exception 10

 

Benefits entitlement to which, or the purposes of which, are the same as

 

or similar to those of any of the following benefits—

 

(a)    

universal credit under Part 1 of the Welfare Reform Act 2012,

 

(b)    

jobseeker’s allowance (whether contributions-based or income-

 

based) under the Jobseekers Act 1995,


 
 

Committee of the whole House: 29 June 2015              

20

 

Scotland Bill, continued

 
 

(c)    

employment and support allowance (whether contributory or

 

income-related) under Part 1 of the Welfare Reform Act 2007,

 

(d)    

income support under section 124 of the Social Security and

 

Benefits Act 1992,

 

(e)    

housing benefit under section 130 of that Act,

 

(f)    

child tax credit and working tax credit under the Tax Credits Act

 

2002.

 

The benefits referred to in paragraphs (a) to (f) above are—

 

(a)    

in the case of income-based jobseeker’s allowance and income-

 

related employment support allowance, those benefits as they

 

existed on 28 April 2013 (the day before their abolition),

 

(b)    

in the case of the other benefits, those benefits as they existed on

 

28 May 2015 (the date of introduction into Parliament of the Bill

 

for the Scotland Act 2015).”

 

Member’s explanatory statement

 

This new clause would devolve working age benefits to the Scottish Parliament.

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC45

 

To move the following Clause—

 

         

“Universal credit: powers to vary other elements

 

(1)    

A function of making regulations to which this section applies, so far as it is

 

exercisable by the Secretary of State in or as regards Scotland, is exercisable by

 

the Scottish Ministers concurrently with the Secretary of State.

 

(2)    

This section applies to—

 

(a)    

regulations under section 8(3)(a) of the Welfare Reform Act 2012

 

(amount in respect of earned income) so far relating to the work

 

allowance (that is, the amount of a claimant’s earned income that is to be

 

disregarded in calculating the amounts to be deducted from the maximum

 

amount in accordance with section 8(3) of that Act),

 

(b)    

regulations under section 10 of that Act (amount in respect of

 

responsibility for children and young persons),

 

(c)    

regulations under section 12 of that Act (amounts in respect of other

 

particular needs or circumstances) so far as relating to—

 

(i)    

the needs or circumstances referred to in subsection (2)(c) of that

 

section (caring responsibilities for a severely disabled person), or

 

(ii)    

needs or circumstances of a claimant in paid work relating to

 

childcare costs,

 

(d)    

regulations under any of sections 14 to 22, 24 and 25 of that Act (work-

 

related requirements), and

 

(e)    

regulations under any of sections 26 to 28 of that Act (sanctions).

 

(3)    

The Scottish Ministers may not exercise the function of making regulations to

 

which this section applies unless they have consulted the Secretary of State.


 
 

Committee of the whole House: 29 June 2015              

21

 

Scotland Bill, continued

 
 

(4)    

The Secretary of State may not exercise the function of making regulations to

 

which this section applies in or as regards Scotland unless he or she has consulted

 

the Scottish Ministers.

 

(5)    

Where regulations are made by the Scottish Ministers by virtue of subsection

 

(1)—

 

(a)    

section 43 of the Welfare Reform Act 2012 (regulations: procedure) does

 

not apply, and

 

(b)    

the regulations are subject to the negative procedure (see Part 2 of the

 

Interpretation and Legislative Reform (Scotland) Act 2010).”

 

Member’s explanatory statement

 

This new clause would give the Scottish Parliament greater flexibility to make changes in

 

Universal Credit.

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC46

 

To move the following Clause—

 

         

“Benefits relating to children

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 10 (see section (Working age benefits) above) insert—

 

         

“Exception 11

 

Benefits entitlement to which, or the purposes of which, are the same as

 

or similar to those of any of the following benefits—

 

(a)    

guardian’s allowance under section 77 of the Social Security

 

Contributions and Benefits Act 1992,

 

(b)    

child benefit under Part 9 of that Act.

 

The benefits referred to in paragraphs (a) and (b) are those benefits as

 

they existed on 28 May 2015 (the date of introduction into Parliament of

 

the Bill for the Scotland Act 2015).”

 

Member’s explanatory statement

 

This new clause would devolve benefits relating to children to the Scottish Parliament.

 



 
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