House of Commons Public Bill Committee Proceedings

Session 2015 - 16
Internet Publications
Other Bills before Parliament

1

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 15 June 2015

Committee of the whole House

Proceedings

Scotland Bill

[First Day]

CLAUSES 1 TO 11, NEW CLAUSES RELATING TO PART 1,

NEW SCHEDULES RELATING TO PART 1

Mr Alistair Carmichael

Withdrawn  16

Clause  1,  page  1,  line  7,  leave out first “A” and insert “The”

Ian Murray

Wayne David

Not called  37

Clause  1,  page  1,  line  7,  leave out “is recognised as” and insert “shall be”

Mr Alistair Carmichael

Not called  17

Clause  1,  page  1,  line  7,  leave out “recognised as”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

Negatived on division  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Subsection (1) or (1A) may be repealed only if—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.”

Ian Murray

Wayne David

Not called  38

Clause  1,  page  1,  line  8,  at end insert “and may not be abolished without the

Committee of the whole House Proceedings: 15 June 2015
2

Scotland Bill, continued

consent of the Scottish people given effect by an Act of the Scottish Parliament”

Mr Alistair Carmichael

Not called  18

Clause  1,  page  1,  line  12,  leave out “recognised as”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

Not called  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Subsection (1) or (1A) may be repealed only if—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.”

Mr Graham Allen

Not selected  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.”

Clause Agreed to.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

Not selected  90

Page  1,  line  16,  leave out Clause 2

Ian Murray

Wayne David

Withdrawn  39

Clause  2,  page  2,  line  2,  leave out “But it is recognised” and insert

“Notwithstanding subsection (7) above”

Mr Graham Allen

Not called  56

Clause  2,  page  2,  line  2,  leave out “not normally” and insert “never”

Committee of the whole House Proceedings: 15 June 2015
3

Scotland Bill, continued

Ian Murray

Wayne David

Mr Alistair Carmichael

Not called  4

Clause  2,  page  2,  line  3,  leave out “normally”

Mr Alistair Carmichael

Not called  19

Clause  2,  page  2,  line  3,  after “legislate”, insert “(a)”

Mr Alistair Carmichael

Not called  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”

Ian Murray

Wayne David

Not called  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

Not called  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.”

Committee of the whole House Proceedings: 15 June 2015
4

Scotland Bill, continued

Clause Agreed to.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

Withdrawn  60

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

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Joanna Cherry

Kirsten Oswald

Not called  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—

Committee of the whole House Proceedings: 15 June 2015
5

Scotland Bill, continued

(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.


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.””

Ian Murray

Wayne David

Not called  42

Clause  3,  page  2,  leave out lines 24 to 26

Secretary David Mundell

Agreed to  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.”

Secretary David Mundell

Agreed to  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).”

Secretary David Mundell

Agreed to  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”

Committee of the whole House Proceedings: 15 June 2015
6

Scotland Bill, continued

Secretary David Mundell

Agreed to  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,”

Secretary David Mundell

Agreed to  96

Clause  3,  page  3 ,  line  15,  after “157”, insert “and 159”

Secretary David Mundell

Agreed to  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.”

Secretary David Mundell

Agreed to  98

Clause  3,  page  3 ,  leave out lines 20 to 25

Clause, as amended, Agreed to.

Ian Murray

Wayne David

Not called  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.”

Mr Graham Allen

Not called  46

Clause  4,  page  3,  line  42,  at end insert “including the automatic registration of

eligible electors,”

Mr Graham Allen

Not called  47

Clause  4,  page  3,  line  42,  at end insert—

“(b)
about online voting in elections,”

Secretary David Mundell

Agreed to  99

Clause  4,  page  4,  line  30,  leave out from “of” to end of line 32 and insert “any

digital service provided by a Minister of the Crown for the registration of electors”

Secretary David Mundell

Agreed to  100

Clause  4,  page  5,  leave out lines 1 to 3

Committee of the whole House Proceedings: 15 June 2015
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Scotland Bill, continued

Clause, as amended, Agreed to.

Secretary David Mundell

Agreed to  101

Clause  5,  page  6 ,  line  4,  leave out “, or within two months before,”

Ian Murray

Wayne David

Not called  43

Clause  5,  page  6,  line  8,  at end insert—

“(c)
A referendum called under reserved powers”

Clause, as amended, Agreed to.

Secretary David Mundell

Agreed to  102

Clause  6,  page  6 ,  leave out lines 38 to 40 and insert “is exercisable by the Scottish

Ministers concurrently with the Secretary of State for the purposes of making provision

about the use, in relation to elections in Scotland, of any digital service provided by a

Minister of the Crown for the registration of electors.”

Secretary David Mundell

Agreed to  103

Clause  6,  page  6,  line  41,  leave out from “(9)” to end of line 7 on page 7 and insert

““elections in Scotland” means—”

Secretary David Mundell

Agreed to  104

Clause  6,  page  7,  line  21,  leave out “the digital service” and insert “a digital service

provided by a Minister of the Crown for the registration of electors”

Secretary David Mundell

Agreed to  105

Clause  6,  page  7,  leave out lines 34 to 36

Clause, as amended, Agreed to.

Clause 7 Agreed to.

Clause 8 Agreed to.

Secretary David Mundell

Agreed to  106

Clause  9,  page  11 ,  line  4,  at end insert—



© Parliamentary copyright	Revised 16 June 2015