Session 2015-16
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Other Bills before Parliament


 
 

Committee of the whole House: 29 June 2015              

22

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

Kate Green

 

NC53

 

To move the following Clause—

 

         

“Childcare element of universal credit

 

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

 

after exception 6 (see section 22 above) insert—

 

         

“Exception 7

 

The subject-matter of regulations 31 to 34 of the Universal Credit

 

Regulations 2013.””

 

Member’s explanatory statement

 

This will allow the Scottish Government to help parents and families in Scotland by devolving to

 

the Scottish Parliament control over, and the power to vary, the childcare element of Universal

 

Credit.

 


 

Sir Edward Leigh

 

NC55

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Social security

 

In Part 2 of Schedule 5 to the Scotland Act 1998, leave out Head F (Social

 

security).”

 

Member’s explanatory statement

 

This new Clause would remove from the list of reserved matters in the 1998 Act (and so transfer

 

to the Scottish Parliament) all social security schemes, including National Insurance and housing

 

benefit, as well as child support, occupational and personal pensions and war pensions.

 


 

CLAUSES 31 TO 37, SCHEDULE 2, CLAUSES 38 TO 45, NEW CLAUSES RELATING TO PART

 

4, NEW SCHEDULES RELATING TO PART 4

 

Mr Alistair Carmichael

 

Ian Murray

 

Wayne David

 

23

 

Clause  31,  page  30,  line  34,  leave out “may” and insert “must”

 

Ian Murray

 

Wayne David

 

52

 

Clause  31,  page  30,  line  36,  leave out “Ministers” and insert “Parliament”


 
 

Committee of the whole House: 29 June 2015              

23

 

Scotland Bill, continued

 
 

Mr Alistair Carmichael

 

57

 

Clause  31,  page  30,  line  37,  at end insert—

 

“(1A)    

The Treasury and Scottish Ministers must agree a scheme transferring to the

 

control of each of Shetland Islands Council, Orkney Islands Council and

 

Comhairle nan Eilean Siar (“the island authorities”) on the transfer date all the

 

existing Scottish functions and rights of the Commissioners relating to those parts

 

of the Scottish zone surrounding each of the island authorities.

 

(1B)    

The exact extent of the parts of the Scottish zone to be transferred under

 

subsection (lA) will be agreed by the Treasury and Scottish Ministers in

 

consultation with the island authorities and in accordance with the principles

 

contained within the United Nations Convention on the Law of the Sea articles

 

16, 74 and 84.”

 

Member’s explanatory statement

 

This Amendment would require the relevant functions of the Crown Estate in the Shetland Islands,

 

Orkney and Na h-Eileanan Siar (the “Western Isles”) to be transferred to the councils for those

 

areas. Articles 16, 74 and 84 of the UN Convention on the Law of the Sea set out principles for

 

defining geographical extent in relation to the territorial sea, exclusive economic zones and the

 

Continental shelf respectively.

 

Mr Jacob Rees-Mogg

 

125

 

Clause  31,  page  31,  line  22,  at end insert—

 

“( )    

The scheme must not include any alteration to the Sovereign Grant Act 2011.”

 

Member’s explanatory statement

 

The Sovereign Grant Act 2011 made provision for the honour and dignity of the Crown and the

 

Royal Family and about allowances and pensions under the Civil List Acts of 1837 and 1952.

 

Mr Jacob Rees-Mogg

 

126

 

Clause  31,  page  31,  line  22,  at end insert—

 

“( )    

The scheme must not include any reduction in the pro rata payments due to Her

 

Majesty under the Sovereign Grant Act 2011.”

 

Member’s explanatory statement

 

This amendment is to ensure that Scotland continues to contribute its share towards the costs of

 

the Monarchy.

 

Mr Jacob Rees-Mogg

 

127

 

Clause  31,  page  31,  line  22,  at end insert—

 

“( )    

The scheme must not include any permanent alienation of the rights of the

 

Crown.”

 

Member’s explanatory statement

 

This amendment protects the position of future Sovereigns in respect of the rights of the Crown.

 

Mr Alistair Carmichael

 

24

 

Clause  31,  page  32,  line  25,  leave out “C” and insert “A”

 

Mr Alistair Carmichael

 

25

 

Clause  31,  page  32,  line  31,  leave out “then, instead of the type C procedure”


 
 

Committee of the whole House: 29 June 2015              

24

 

Scotland Bill, continued

 
 

Mr Alistair Carmichael

 

26

 

Clause  31,  page  32,  line  31,  leave out “I” and insert “A”

 


 

Ian Murray

 

Wayne David

 

123

 

Clause  32,  page  34,  line  13,  at end insert, “including a requirement for gender

 

balance among the members of the Scottish Parliament and members of boards of Scottish

 

public authorities.”

 

Member’s explanatory statement

 

The Amendment would ensure continued progression towards achieving gender balance among

 

members of the Scottish Parliament and on boards of Scottish public authorities.

 


 

Mr Alistair Carmichael

 

27

 

Clause  33,  page  35,  leave out lines 18 and 19

 

Ian Murray

 

Wayne David

 

53

 

Clause  33,  page  35,  line  18,  leave out sub-sub-paragraph (b)

 

Mr Alistair Carmichael

 

28

 

Clause  33,  page  35,  leave out lines 24 and 25

 

Mr Alistair Carmichael

 

29

 

Clause  33,  page  35,  leave out lines 26 to 30

 

Ian Murray

 

Wayne David

 

54

 

Clause  33,  page  37,  line  17,  at end insert—

 

“(7A)    

Scottish Ministers, in conjunction with the Advisory, Conciliation and

 

Arbitration Service (ACAS) shall establish and oversee a process, involving

 

Scottish businesses and trades unions, to end the current employment tribunal fee

 

system in Scotland.”

 



 
 

Committee of the whole House: 29 June 2015              

25

 

Scotland Bill, continued

 
 

Mr Alistair Carmichael

 

30

 

Clause  43,  page  45,  line  7,  at end insert—

 

“(aa)    

in the list of subject-matter, leave out “(c) the Estate Agents Act 1979””

 


 

Mr Alistair Carmichael

 

31

 

Clause  45,  page  47,  line  7,  leave out “for which the maximum charge for use is

 

more than £10”

 

Mr Alistair Carmichael

 

32

 

Clause  45,  page  47,  line  17,  leave out “for which the maximum charge for use is

 

more than £10”

 

Mr Alistair Carmichael

 

33

 

Clause  45,  page  47,  line  35,  leave out subsection (6)

 


 

Ian Murray

 

Wayne David

 

NC22

 

To move the following Clause—

 

         

“Obstructive parking

 

(1)    

In section E1 of Schedule 5 to the Scotland Act 1998 (Road transport) after

 

“Exceptions”, insert—

 

“The subject matter of sections 19 to 22 (Stopping on verges, etc, or in dangerous

 

positions, etc.) of the Road Traffic Act 1988;

 

The subject-matter of section 41(5) (Regulation of construction, weight,

 

equipment and use of vehicles) of the Road Traffic Act 1988 in so far as it relates

 

to the making of regulations making it an offence to cause or permit a vehicle to

 

stand on the road so as to cause any unnecessary obstruction of the road.”

 

(2)    

After section 51 of the Road Traffic Offenders Act 1988 (Fixed penalty offences)

 

insert new section 51A—

 

“51A  

Offences under Road Traffic Act 1988

 

(1)    

Any offence in respect of a vehicle under regulations made by Scottish

 

Ministers under section 41(5) (Regulation of construction, weight,

 

equipment and use of vehicles) of the Road Traffic Act 1988 is a fixed

 

penalty offence for the purposes of this Part of this Act if it is specified

 

as such in those regulations, but subject to subsection (2) below.

 

(2)    

An offence under an enactment so specified is not a fixed penalty offence

 

for those purposes if it is committed by causing or permitting a vehicle to


 
 

Committee of the whole House: 29 June 2015              

26

 

Scotland Bill, continued

 
 

be used by another person in contravention of any provision made or

 

restriction or prohibition imposed by or under any enactment.”

 

(3)    

Before proposing a change in regulation of a subject matter falling under this

 

section, Scottish Ministers shall—

 

(a)    

consult the Secretary of State, and

 

(b)    

publish and lay before the Scottish Parliament an assessment of the

 

impact on road safety of any difference between the proposed change in

 

Scotland and road traffic rules in other parts of the United Kingdom.””

 

Member’s explanatory statement

 

This amendment is intended to ensure that offences in relation to parking on pavements can be

 

enforced by the Scottish Parliament. Other offences would be unaffected. This amendment is based

 

on Mark Lazarowicz’s Private Members’ Bill from the last Parliament, which was supported in

 

principle by the then Secretary of State for Scotland.

 


 

Mr Alistair Carmichael

 

NC26

 

To move the following Clause—

 

         

“Health and safety

 

In Part 2 of Schedule 5 to the Scotland Act 1998 (Employment), leave out Section

 

H2 (Health and Safety).”

 

Member’s explanatory statement

 

This new Clause would remove from the list of reserved matters in the 1998 Act (and so transfer

 

to the Scottish Parliament) the subject-matter of Part I of the Health and Safety at Work etc. Act

 

1974 (Health, safety and welfare in connection with work, and control of dangerous substances

 

and certain emissions into the atmosphere), the Health and Safety Commission, the Health and

 

Safety Executive and the Employment Medical Advisory Service.

 


 

Mr Alistair Carmichael

 

NC27

 

To move the following Clause—

 

         

“Business associations

 

In Section C1 in Part 2 of Schedule 5 to the Scotland Act 1998 (Business

 

associations) at the end of the exceptions insert—

 

“(c)    

the law on partnerships and unincorporated associations,

 

(d)    

the creation of new forms of cooperative enterprise,

 

(e)    

the creation of new forms of mutual enterprise,

 

(f)    

the creation of economic interest groups where the European Economic

 

Interest Group under regulation EEC 2137/85 is not available because the

 

members do not come from more than one member state.””

 



 
 

Committee of the whole House: 29 June 2015              

27

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC47

 

To move the following Clause—

 

         

“Employment and industrial relations

 

In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section H1 (employment

 

and industrial relations).”

 

Member’s explanatory statement

 

This new clause would devolve employment and industrial relations to the Scottish Parliament.

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC48

 

To move the following Clause—

 

         

“Health and safety

 

(1)    

In Part 2 of Schedule 5 to the Scotland Act 1998 (“the 1998 Act”), omit Section

 

H2 (health and safety).

 

(2)    

The Health and Safety Executive is a cross-border public authority for the

 

purposes of the 1998 Act.

 

(3)    

The 1998 Act applies in relation to the Health and Safety Executive in the same

 

way as it applies in relation to cross-border public authorities specified in an

 

Order in Council under section 88(5) of the 1998 Act.”

 

Member’s explanatory statement

 

This new clause would devolve health and safety to the Scottish Parliament and designates the

 

Health and Safety Executive as a cross-border public authority.

 



 
 

Committee of the whole House: 29 June 2015              

28

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC49

 

To move the following Clause—

 

         

“Equal opportunities

 

In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section L2 (equal

 

opportunities).”

 

Member’s explanatory statement

 

This new clause would devolve equal opportunities to the Scottish Parliament.

 


 

CLAUSES 46 TO 55, NEW CLAUSES RELATING TO PART 5, NEW SCHEDULES RELATING TO

 

PART 5, CLAUSES 56 TO 58, NEW CLAUSES RELATING TO PART 6, NEW SCHEDULES

 

RELATING TO PART 6, CLAUSES 59 TO 64, NEW CLAUSES RELATING TO PART 7,

 

NEW SCHEDULES RELATING TO PART 7, REMAINING PROCEEDINGS ON THE BILL

 

Mr Graham Allen

 

NC12

 

To move the following Clause—

 

         

“Local authority’s power of general competence

 

(1)    

A local authority has power to do anything that individuals generally may do.

 

(2)    

Subsection (1) applies to things that an individual may do even though they are

 

in nature, extent or otherwise—

 

(a)    

unlike anything the authority may do apart from subsection (1), or

 

(b)    

unlike anything that other public bodies may do.

 

(3)    

In this section “individual” means an individual with full capacity.

 

(4)    

Where subsection (1) confers power on the authority to do something, it confers

 

power (subject to sections (Boundaries of the general power) to (Limits on doing

 

things for commercial purposes in exercise of general power) to do it in any way

 

whatever, including—

 

(a)    

power to do it anywhere in the United Kingdom or elsewhere,

 

(b)    

power to do it for a commercial purpose or otherwise for a charge, or

 

without charge, and

 

(c)    

power to do it for, or otherwise than for, the benefit of the authority, its

 

area or persons resident or present in its area.

 

(5)    

The generality of the power conferred by subsection (1) (“the general power”) is

 

not limited by the existence of any other power of the authority which (to any

 

extent) overlaps the general power.

 

(6)    

Any such other power is not limited by the existence of the general power (but

 

see section (Powers to make supplemental provision)(2)).”

 

Member’s explanatory statement

 

This series of new Clauses seeks to introduce a general power of competence for Scottish local

 

authorities, putting it beyond doubt that they may do anything that is not expressly prohibited by

 

law. It seeks to go further than the power of wellbeing already afforded to Scottish local


 
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