Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 8 September 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC4

 

Consideration of Bill


 

Scotland Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the House [8 June 2015].

 

 


 

NEW CLAUSES

 

Ian Murray

 

Wayne David

 

NC1

 

To move the following Clause—

 

         

“Independent Commission on Full Fiscal Autonomy

 

(1)    

The Secretary of State shall appoint a commission of between four and eleven

 

members to conduct an analysis of the impact of Full Fiscal Autonomy on the

 

Scottish economy, labour market and public finances and to report by 31 March

 

2016.

 

(2)    

No member of the House of Commons, the House of Lords, or the Scottish

 

Parliament may be a member of the commission.

 

(3)    

No employee of the Scottish Government or of any government Department or

 

agency anywhere in the United Kingdom may be a member of the commission.


 
 

Notices of Amendments: 8 September 2015                  

2

 

Scotland Bill, continued

 
 

(4)    

The Secretary of State shall, in consultation and with the agreement of Scottish

 

Ministers, appoint as members of the commission only persons who appear to the

 

Secretary of State to hold a relevant qualification or to have relevant experience.

 

(5)    

The Secretary of State shall not appoint as a member of the commission any

 

person who is a member of a political party.

 

(6)    

Before appointing any member of the commission, the Secretary of State must

 

consult—

 

(a)    

The Chair of any select committee appointed by the House of Commons

 

to consider Scottish Affairs, and

 

(b)    

The Chair of any select committee appointed by the House of Commons

 

to examine the expenditure, administration and policy of Her Majesty’s

 

Treasury and its associated public bodies.

 

(7)    

The Secretary of State may by regulations issue the commission with terms of

 

reference and guidelines for the commission’s working methods, including an

 

outline definition of the policy of full fiscal autonomy for the commission to

 

analyse.

 

(8)    

The Secretary of State must lay copies of the report of the commission before

 

both Houses of Parliament, and must transmit a copy of the report of the

 

commission to the Presiding Officer of the Scottish Parliament.

 

(9)    

Regulations under this section must be made by statutory instrument, subject to

 

annulment in pursuance of a resolution of either House of Parliament.”

 

Member’s explanatory statement

 

The new Clause provides for the establishment of an independent commission to investigate the

 

impact of FFA.

 


 

Ian Murray

 

Wayne David

 

NC2

 

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.

 

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;


 
 

Notices of Amendments: 8 September 2015                  

3

 

Scotland Bill, continued

 
 

“reserved benefit” means a benefit which is to any extent a reserved

 

matter.””

 

Member’s explanatory statement

 

The new Clause expands and clarifies the right of the Scottish Government to create new benefits—

 

that is, benefits not in existence on the date on which the bill is passed.

 


 

Ian Murray

 

Wayne David

 

NC3

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Joint Committee on Welfare Devolution

 

(1)    

There is to be a Committee (to be known as the Joint Committee on Welfare

 

Devolution) to examine the transfer, implementation and operation of the powers

 

devolved to the Scottish Parliament by Part 3 of this Act.

 

(2)    

The Joint Committee on Welfare Devolution is to be responsible for ensuring full

 

co-operation, consultation and information-sharing between the UK

 

Government, the Scottish Government, and relevant stakeholders.

 

(3)    

The Joint Committee on Welfare Devolution is to publish a report—

 

(a)    

on the transfer and implementation of the powers devolved to the Scottish

 

Parliament by Part 3 of this Act at least once every three months for the

 

first three years from the date when this Act is passed, and

 

(b)    

on the operation of the powers devolved to the Scottish Parliament by

 

Part 3 of this Act at least once in each calendar year after three years from

 

the date when this Act is passed.

 

(4)    

Schedule (The Joint Committee on Welfare Devolution), which makes further

 

provision in relation to the Joint Committee on Welfare Devolution, has effect.”

 

Member’s explanatory statement

 

This new Clause, linked to New Schedule NS1 on the Joint Committee on Welfare Devolution,

 

provides for a cross-Parliament committee to oversee the transition and implementation of welfare

 

powers transferred under this Act. The Committee would include members from both Parliaments

 

and would be required to report frequently in the transition phase and thereafter annually.

 


 

Ian Murray

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Review of operation of Gift Aid in Scotland

 

The Treasury must lay before the House of Commons a review of the operation

 

of Gift Aid in Scotland within a year of Part 2 of this Act coming into force.”

 

Member’s explanatory statement

 

This self-explanatory New Clause would require a review of the operation of Gift Aid in Scotland.

 



 
 

Notices of Amendments: 8 September 2015                  

4

 

Scotland Bill, continued

 
 

Mr Alistair Carmichael

 

5

 

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

 

Mr Alistair Carmichael

 

6

 

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

 


 

Mr Alistair Carmichael

 

7

 

Clause  2,  page  2,  line  6,  leave out “normally”

 

Mr Alistair Carmichael

 

8

 

Clause  2,  page  2,  line  6,  after “legislate”, insert “(a)”

 

Mr Alistair Carmichael

 

9

 

Clause  2,  page  2,  line  6,  after “matters”, insert “and

 

(b)    

to alter the legislative competence of the Scottish Parliament or the

 

executive competence of the Scottish Government”

 


 

Mr Alistair Carmichael

 

10

 

Clause  10,  page  11,  line  28,  at end insert—

 

“( )    

the period between general elections specified in section 2(2)”

 


 

Ian Murray

 

Wayne David

 

21

 

Parliamentary Star - white    

Clause  21,  page  24,  leave out lines 13 to 20

 

Member’s explanatory statement

 

This amendment would allow the Scottish Parliament to legislate for topping up reserved benefits

 

by providing financial assistance in any case where the requirement for it arises from reduction,

 

non-payability or suspension of a reserved benefit as a result of an individual’s conduct.

 



 
 

Notices of Amendments: 8 September 2015                  

5

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

22

 

Parliamentary Star - white    

Clause  22,  page  25,  leave out lines 1 to 8

 

Member’s explanatory statement

 

This amendment would allow the Scottish Parliament to legislate for making discretionary housing

 

payments by providing financial assistance in any case where the requirement for it arises from

 

reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct.

 


 

Ian Murray

 

Wayne David

 

23

 

Parliamentary Star - white    

Clause  23,  page  25,  leave out lines 30 to 37

 

Member’s explanatory statement

 

This amendment would allow the Scottish Parliament to legislate for making discretionary

 

payments to meet short-term needs by providing financial assistance in any case where the

 

requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a

 

result of an individual’s conduct.

 


 

Ian Murray

 

Wayne David

 

24

 

Parliamentary Star - white    

Clause  24,  page  26,  line  25,  leave out “unreasonably”

 

Member’s explanatory statement

 

This amendment would make it clear that the UK Government cannot withhold agreement and will

 

have a legal obligation to agree to any changes to regulations made by the Scottish Government

 

using the new regulation-making powers conferred under clause 24.

 


 

Ian Murray

 

Wayne David

 

25

 

Parliamentary Star - white    

Clause  25,  page  27,  line  5,  leave out “unreasonably”

 

Member’s explanatory statement

 

This amendment would make it clear that the UK Government cannot withhold agreement and will

 

have a legal obligation to agree to any changes to regulations made by the Scottish Government

 

using the new regulation-making powers conferred under clause 25.

 


 

Mr Alistair Carmichael

 

11

 

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

 

with the Scottish Government”


 
 

Notices of Amendments: 8 September 2015                  

6

 

Scotland Bill, continued

 
 

Mr Alistair Carmichael

 

12

 

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

 

Mr Alistair Carmichael

 

13

 

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

 

Mr Alistair Carmichael

 

14

 

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

 


 

Mr Alistair Carmichael

 

15

 

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

 

Mr Alistair Carmichael

 

16

 

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

 

Mr Alistair Carmichael

 

17

 

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

 


 

 

Mr Alistair Carmichael

 

18

 

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

 

more than £10”

 

Graham Jones

 

1

 

Clause  45,  page  47,  line  7,  leave out “£10” and insert “£2”

 

Mr Alistair Carmichael

 

19

 

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

 

more than £10”

 

Graham Jones

 

2

 

Clause  45,  page  47,  line  18,  leave out “£10” and insert “£2”


 
 

Notices of Amendments: 8 September 2015                  

7

 

Scotland Bill, continued

 
 

Graham Jones

 

3

 

Clause  45,  page  47,  line  18,  after “£10”, insert—

 

“( )    

the content and the speed of play,”

 

Graham Jones

 

4

 

Clause  45,  page  47,  line  18,  after “£10”, insert—

 

“( )    

the number of staff required to supervise such machines,”

 

Mr Alistair Carmichael

 

20

 

Clause  45,  page  47,  leave out lines 35 and 36

 


 

new schedules

 

Ian Murray

 

Wayne David

 

NS1

 

Parliamentary Star - white    

To move the following Schedule—

 

“Schedule

 

The Joint Committee on Welfare Devolution

 

Membership

 

1          

The Joint Committee on Welfare Devolution is to comprise the Secretary of

 

State, who is to be the chair of the Committee, and the following other

 

members—

 

(a)    

the Scottish Minister who is responsible to the Scottish Parliament for

 

welfare policy and payments, who is to be the deputy chair of the

 

Committee;

 

(b)    

the Member of the House of Commons who is for the time being the

 

Chair of the Work and Pensions Select Committee of the House of

 

Commons;

 

(c)    

the Member of the Scottish Parliament who is for the time being the

 

Chair of the Welfare Reform Committee of the Scottish Parliament;

 

(d)    

two Members of the House of Commons who are not Ministers of the

 

Crown;

 

(e)    

two Members of the Scottish Parliament who are not Scottish

 

Ministers; and

 

(f)    

two persons representing local government in Scotland.

 

2          

The members of the Joint Committee on Welfare Devolution mentioned in

 

paragraph 1(d) are to be appointed to membership of the Committee by the

 

Speaker of the House of Commons.

 

3          

The members of the Joint Committee on Welfare Devolution mentioned in

 

paragraph 1 (e) are to be appointed to membership of the Committee by the

 

Presiding Officer of the Scottish Parliament.


 
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