Committee of the whole House Proceedings: 6 July 2015      

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Scotland Bill, continued

(5)    

Regulations under section (Powers to make supplemental provision)(1) may not

make provision to abolish or vary any tax.”

Mr Graham Allen

Not called  NC18

To move the following Clause—

“Procedure for regulations under section (Powers to make supplemental

provision)

(1)    

If, as a result of any consultation required by section (Powers to make

supplemental provision)(7) with respect to proposed regulations under section

(Powers to make supplemental provision)(1), it appears to the Scottish Ministers

that it is appropriate to change the whole or any part of the Scottish Ministers’

proposals, the Scottish Ministers must undertake such further consultation with

respect to the changes as the Scottish Ministers consider appropriate.

(2)    

If, after the conclusion of the consultation required by section (Powers to make

supplemental provision)(7) and subsection (1), the Scottish Ministers consider it

appropriate to proceed with the making of regulations under section (Powers to

make supplemental provision)(1), the Scottish Ministers must, when laying a

draft of the regulations, also lay before the Scottish Parliament an explanatory

document explaining the proposals and giving details of—

(a)    

the Scottish Ministers’ reasons for considering that the conditions in

section (Limits on power under section (Powers to make supplemental

provision)(1))(2), where relevant, are satisfied in relation to the

proposals,

(b)    

any consultation undertaken under section (Powers to make

supplemental provision)(7) and subsection (1),

(c)    

any representations received as a result of the consultation, and

(d)    

the changes (if any) made as a result of those representations.

(3)    

If provision under section (Powers to make supplemental provision)(2) is

included in draft regulations under section (Powers to make supplemental

provision)(1) laid in the circumstances described in subsection (2), the

explanatory document laid with the draft regulations must also explain the

proposals under section (Powers to make supplemental provision)(2) and give

details of any consultation undertaken under section (Powers to make

supplemental provision)(7) with respect to those proposals.

(4)    

Section (Powers to make supplemental provision)(7) does not apply to

regulations under section (Powers to make supplemental provision)(3) or (4)

which are made only for the purpose of amending earlier such regulations—

(a)    

so as to extend the earlier regulations, or any provision of the earlier

regulations, to a particular authority or to authorities of a particular

description, or

(b)    

so that the earlier regulations, or any provision of the earlier regulations,

ceases to apply to a particular authority or to authorities of a particular

description.”

Committee of the whole House Proceedings: 6 July 2015      

85

Scotland Bill, continued

Mr Graham Allen

Not called  NC19

To move the following Clause—

“Local authority’s general power of competence: interpretation

In this Part—

“the general power” means the power conferred by section (Local

authority’s general power of competence)(1),

“statutory provision” means a provision of an Act or of an instrument made

under an Act.”

Mr Graham Allen

Not called  NC29

To move the following Clause—

“Competences of local government in Scotland

(1)    

The First Minster must, after consultation with representatives from local

government in Scotland, publish a list of competences of local government in

Scotland.

(2)    

After the list has been published, the First Minster may not publish any amended

list of competences of local government in Scotland without first obtaining

approval of the revised list consent from

(a)    

the Scottish Parliament, with two-thirds of its membership voting in

favour of the amended list, and

(b)    

the Convention of Scottish Local Authorities.”

Mr Graham Allen

Not called  NC30

To move the following Clause—

“Subsidiarity

That Subsidiarity as defined by the Maastricht Treaty 1992 Article 5(3) shall

apply to the functions of national and local government in Scotland.”

Committee of the whole House Proceedings: 6 July 2015      

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Scotland Bill, continued

Ian Murray

Wayne David

Not called  NC41

To move the following Clause—

“Scottish Government review of measures taken to promote gender equality

in Scottish Parliament

Scottish Ministers shall, within six months of the day on which this Act is passed,

publish and lay before the Scottish Parliament a comprehensive review of the

measures which the Scottish Government is taking to further and to promote

gender equality in the membership of the Scottish Parliament and on the boards

of Scottish public authorities.”

Mr Graham Allen

Not called  NC50

To move the following Clause—

“Commission on social and economic rights

(1)    

The Secretary of State shall appoint a commission on social and economic rights.

(2)    

The Secretary of State shall invite the Presiding Officers or Speakers of the House

of Commons, House of Lords, National Assembly of Wales, Northern Ireland

Assembly and the Scottish Parliament each to nominate no more than three

persons to the commission on social and economic rights.

(3)    

The commission on social and economic rights must report on—

(a)    

the practicality of making the Scottish Parliament and Scottish

Government subject to the rights contained in the International Covenant

on Economic, Social and Cultural Rights; and

(b)    

the consequences of Scottish devolution for the attainment of economic

and social rights throughout the United Kingdom.

(4)    

The Secretary of State may by regulations determine the role, composition,

organisation and powers of the commission on social and economic rights.”

Mr Graham Allen

Not called  NC52

To move the following Clause—

“Office of Wellbeing

(1)    

Scottish Ministers shall appoint an independent Office of Wellbeing to monitor

and report on the wellbeing impacts of fiscal and macro-economic policy in

Scotland, with a particular focus on inequalities of wellbeing.

(2)    

The First Minster must publish at least once a year a wellbeing statement setting

out the relevant social, economic and environmental policies of Scottish

Ministers and their intended effects on the wellbeing of the people of Scotland.

(3)    

The Office of Wellbeing may commission independent research.

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Scotland Bill, continued

(4)    

The Office of Wellbeing must report at least once a year on progress being made

against the wellbeing statement made by the First Minister and may report from

time to time on any other relevant matter.

(5)    

The costs of the Office of Wellbeing shall be borne by the Scottish Parliament.”

Ian Murray

Not called  NC62

To move the following Clause—

“Duty of Scottish Ministers in relation to European Charter of Local Self-

Government

(1)    

Scottish Ministers must, in exercising their functions, observe and promote the

principles and provisions of the European Charter of Local Self-Government.

(2)    

In subsection (1) the European Charter of Local Self-Government means the

Charter of the Congress of the Council of Europe signed at Strasbourg on 15

October 1985.

(3)    

In particular, Scottish Ministers shall be placed under a legal duty to consider,

when new legislation is introduced to the Scottish Parliament, whether that

legislation introduced to the Scottish Parliament conforms to the principle of

subsidiarity, as set out in the European Charter of Local Self-Government.”

Ian Murray

Wayne David

Not called  NC63

To move the following Clause—

“Assessment of the Scottish Parliament having the power to alter the National

Minimum Wage in Scotland

(1)    

The Secretary of State shall instruct the Low Pay Commission to undertake and

publish, within 12 months of the date on which this Act is passed, an analysis of

the economic impact of the Scottish Parliament having the power to alter the

United Kingdom National Minimum Wage.

(2)    

The Secretary of State must require the analysis to assess the effects of the

Scottish Parliament having the power to alter the United Kingdom National

Minimum Wage on the Scottish and United Kingdom economies, with a specific

focus on the following areas—

(a)    

the risks of establishing a two tier minimum wage across the United

Kingdom, including an analysis of any possible negative impact on

employment conditions for United Kingdom and Scottish workers;

(b)    

the importance of maintaining the principle of minimum standards across

the UK, and the extent to which low pay issues differ in Scotland from

the rest of the UK;

(c)    

the Scottish and United Kingdom labour market, in particular the effect

of a different level of minimum wage in Scotland on the jobs and working

hours of Scottish and United Kingdom workers;

(d)    

entitlement in Scotland to both devolved and reserved welfare payments;

Committee of the whole House Proceedings: 6 July 2015      

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Scotland Bill, continued

(e)    

the possible effects on business investment in Scotland and the rest of the

United Kingdom;

(f)    

any other considerations that would arise from having different minimum

wages in communities on either side of the border;

(g)    

the institutional infrastructure required to establish, monitor and enforce

it;

(h)    

the implications for EU Directives on Posted and Agency Workers;

(i)    

the impact on wage levels in Scotland and the United Kingdom; and

(j)    

a report on how the National Minimum Wage can rise faster in Scotland

and across the United Kingdom to 58% of median earnings or more than

£8 per hour by 2019.””

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  NC65

To move the following Clause—

“Rail Services

“In Part 2 of Schedule 5 to the Act, in section E2, after “Exceptions” there

is inserted—

“The provision of rail passenger services that are Scotland-only services

(and so far as they include other services, include only cross-border

services designated by the Scottish Ministers), including the power to

decide who will run such services, the provisions of the Railways Act

1993 notwithstanding.””

Clauses 59 to 62 Agreed to.

Ian Murray

Wayne David

Not called  1

Clause  63,  page  67,  line  24,  leave out paragraph (a)

Ian Murray

Wayne David

Not called  2

Clause  63,  page  67,  line  26,  at end insert—

“(1A)    

Part 1 comes into force within one month of the publication of the report of the

Constitutional Convention appointed under section (Constitutional

Convention).”

Committee of the whole House Proceedings: 6 July 2015      

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Scotland Bill, continued

Ian Murray

Wayne David

Not called  3

Clause  63,  page  67,  line  30,  leave out subsection (3) and insert—

“(3)    

Part 2 of the Bill comes into force at the end of 2 months beginning with the

publication of the report of the Independent Commission on Full Fiscal

Autonomy appointed under section (Independent Commission on Full Fiscal

Autonomy).”

Clauses 63 and 64 Agreed to.

Bill, as amended, to be reported.