Session 2015 - 16
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Other Bills before Parliament


 
 

Committee of the whole House Proceedings: 15 June 2015      

15

 

Scotland Bill, continued

 
 

(c)    

control over public expenditure in Scotland.”

 

Clause, as amended, Agreed to.

 


 

Ian Murray

 

Wayne David

 

Mr Douglas Carswell

 

Negatived on division  NC2

 

To move the following Clause—

 

         

“Constitutional Convention

 

(1)    

The Prime Minister shall establish a Constitutional Convention within one month

 

of the day on which this act is passed.

 

(2)    

The Chair and Members of the Constitutional Convention shall be appointed in

 

accordance with a process to be laid before, and approved by, resolution in each

 

House of Parliament.

 

(3)    

The Chair of the Constitutional Convention is not permitted to be a Member of

 

Parliament or a member of a political party.

 

(4)    

Members of the Constitutional must include, but not be limited to, the

 

following—

 

(a)    

members of the public, chosen by lot through the jury system, who shall

 

comprise the majority of those participating in the convention;

 

(b)    

elected representatives at all levels;

 

(c)    

representatives of civil society organisations and, in an advisory role,

 

academia.

 

(5)    

The Constitutional Convention shall review and make recommendations in

 

relation to future governance arrangements for the United Kingdom, including

 

but not limited to the following—

 

(a)    

the role and voting rights of Members of the House of Commons;

 

(b)    

democratic reform of the House of Lords;

 

(c)    

further sub-national devolution within England;

 

(d)    

codification of the constitution.

 

(6)    

The Constitutional Convention shall engage in widespread consultation across

 

the nations and regions of the UK, and must provide a report to both Houses of

 

Parliament by 31 March 2016.

 

(7)    

The Secretary of State must lay before both Houses of Parliament a formal

 

response to each recommendation of the Constitutional Convention within four

 

months of the publication of the final report from the Constitutional Convention.”

 


 

Sir Edward Leigh

 

Negatived on division  NC3

 

To move the following Clause—


 
 

Committee of the whole House Proceedings: 15 June 2015      

16

 

Scotland Bill, continued

 
 

         

“Transfer of reserved matters

 

(1)    

Schedule 5 (which defines reserved matters) to the Scotland Act 1998, has effect

 

with the following modifications.

 

(2)    

In Part I (general reservations) omit paragraph 6 (political parties).

 

(3)    

Part II (specific reservations) is omitted.

 

(4)    

Insert Part IIA (UK pensions liability) as follows—

 

“Part IIA

 

UK Pensions liability

 

            

The consent of the Treasury is required before the enactment of any

 

provision passed by the Scottish Parliament which would affect the

 

liabilities of the National Insurance Fund in respect of old age

 

pensions.”

 

(5)    

In Part III (general provisions) the following provisions referring to Part II of the

 

Schedule are omitted—

 

(a)    

paragraph 3(2);

 

(b)    

paragraph 4(2)(c).”

 


 

Mr Graham Allen

 

Negatived on division  NC5

 

To move the following Clause—

 

         

“Application of the Human Rights Act 1998 to Scotland

 

The application of the Human Rights Act 1998 to Scotland shall not be repealed

 

in so far as it affects Scotland without the express consent of the Scottish

 

Parliament.”

 


 

Mr Graham Allen

 

Not called  NC6

 

To move the following Clause—

 

         

“Constitution of Scotland

 

(1)    

The 1998 Scotland Act shall be cited as The Written Constitution of Scotland.

 

(2)    

A standing Scottish Constitutional Convention shall be convened jointly by the

 

Secretary of State and the Scottish Ministers to conduct reviews and to make

 

recommendations to the Scottish Parliament and the Parliament of the United

 

Kingdom.”

 



 
 

Committee of the whole House Proceedings: 15 June 2015      

17

 

Scotland Bill, continued

 
 

Mr Graham Allen

 

Not called  NC7

 

To move the following Clause—

 

         

“Application of the Parliament Acts to the Scottish Parliament and the

 

Scottish Government

 

(1)    

The Parliament Act 1911 is amended as follows.

 

(2)    

In subsection 2(1), after “other than a Money Bill”, insert “or a Bill amending

 

sections 1 or 2 of the Scotland Act 2015.”

 


 

Mr Graham Allen

 

Not called  NC8

 

To move the following Clause—

 

         

“Scottish Parliament nomination of members of the House of Lords

 

(1)    

The Scottish Parliament shall nominate members for appointment to the House of

 

Lords, in a method to be determined wholly by the Scottish Parliament.

 

(2)    

The number of members of the House of Lords appointed in accordance with this

 

section shall at any time be in broadly the same proportion to the total

 

membership of the House of Lords as the population of Scotland is to the total

 

population of the United Kingdom.”

 


 

Mr Graham Allen

 

Not called  NC9

 

To move the following Clause—

 

         

“Constitutional convention

 

(1)    

Within one month of the day on which this Act is passed, a constitutional

 

convention is to be held to consider and make recommendations on the

 

constitution of the United Kingdom.

 

(2)    

The Secretary of State must make regulations to—

 

(a)    

appoint a day on which the convention must commence its operations,

 

(b)    

make fair and transparent rules about how the convention is to operate

 

and how evidence is to be adduced,

 

(c)    

make further provision about the terms of reference prescribed under

 

section 2, and

 

(d)    

specify how those who are to be part of the convention are to be chosen

 

in accordance with subsection (8).

 

(3)    

The date appointed under subsection (2)(a) must not be later than 31 December

 

2016.

 

(4)    

A statutory instrument containing regulations under subsection (2), if made

 

without a draft having been approved by a resolution of each House of

 

Parliament, is subject to annulment in pursuance of a resolution of either House

 

of Parliament.

 

(5)    

The convention shall have the following terms of reference—


 
 

Committee of the whole House Proceedings: 15 June 2015      

18

 

Scotland Bill, continued

 
 

(a)    

the devolution of legislative and fiscal competence to and within

 

Scotland and the rest of the UK,

 

(b)    

the devolution of legislative and fiscal competence to local authorities

 

within the United Kingdom,

 

(c)    

electoral reform,

 

(d)    

constitutional matters to be considered in further conventions, and

 

(e)    

procedures to govern the consideration and implementation of any future

 

constitutional reforms.

 

(6)    

The convention must publish recommendations within the period of one year

 

beginning with the day appointed under subsection (2)(a).

 

(7)    

The Secretary of State must lay responses to each of the recommendations from

 

the convention before each House of Parliament within six months beginning

 

with the day on which the recommendations are published.

 

(8)    

The convention must be composed of representatives of the following—

 

(a)    

all registered political parties within the United Kingdom,

 

(b)    

civic society and local authorities of the nations and regions of the United

 

Kingdom.”

 


 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Joanna Cherry

 

Kirsten Oswald

 

Negatived on division  NC10

 

To move the following Clause—

 

         

“Consent of the Scottish Parliament to certain Westminster Acts

 

(1)    

In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament), at the

 

end add—

 

“(8)    

But the Parliament of the United Kingdom must not pass Acts applying

 

to Scotland that make provision about a devolved matter without the

 

consent of the Scottish Parliament.

 

(9)    

A provision is about a devolved matter if the provision—

 

(a)    

applies to Scotland and does not relate to reserved matters,

 

(b)    

modifies the legislative competence of the Scottish Parliament,

 

or

 

(c)    

modifies the functions of any member of the Scottish

 

Government.

 

(10)    

In subsection (8), “Acts” includes any Act, whether a public general Act,

 

a local and personal Act or a private Act.

 

(2)    

After section 28 of the Scotland Act 1998 insert—

 

“28A  

Duty to consult the Scottish Government on Bills applying to Scotland

 

(1)    

A Minister of the Crown shall consult Scottish Ministers before

 

introducing any Bill into the Parliament of the United Kingdom for an

 

Act of that Parliament that would make provision applying to Scotland.


 
 

Committee of the whole House Proceedings: 15 June 2015      

19

 

Scotland Bill, continued

 
 

(2)    

Where the Bill is for an Act making provision that would require the

 

consent of the Scottish Parliament by virtue of section 28(8), the

 

requirement to consult under subsection (1) includes a requirement that a

 

Minister of the Crown give the Scottish Ministers a copy of the

 

provisions of the Bill that apply to Scotland no later than—

 

(a)    

21 days before the proposed date of introduction, or

 

(b)    

such later date as the Scottish Ministers may agree.

 

(3)    

The requirement in subsection (2) does not apply if—

 

(a)    

the Scottish Ministers so agree, or

 

(b)    

there are exceptional circumstances justifying failure to comply

 

with the requirement.

 

(4)    

The reference in subsection (1) to an Act of Parliament is a reference to

 

any Act whether a public general Act, a local and personal Act or a

 

private Act.””

 


 

Ian Murray

 

Wayne David

 

Not called  NC11

 

To move the following Clause—

 

         

“Electoral registration: requirement to produce report

 

(1)    

The Electoral Commission shall prepare and publish guidance setting out, in

 

relation to Scotland, how to further improve the electoral registration process and

 

how to ensure the completeness of the electoral registers.

 

(2)    

Guidance under subsection (1) must in particular include—

 

(a)    

workable proposals for prompting people to register to vote or update

 

their registration details when using other public services;

 

(b)    

whether to allow schools, universities and colleges to block-register

 

students;

 

(c)    

whether to pilot election day registration; and

 

(d)    

other proposals to ensure that greater numbers of attainers join the

 

electoral register.”


 
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