Session 2015-16
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Notices of Amendments: 12 October 2015                  

6

 

Scotland Bill, continued

 
 

         

“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.”

 

Member’s explanatory statement

 

This extends protection of Scottish Local Government’s independence by protecting its

 

subsidiarity behind a European Treaty applicable to the United Kingdom.

 


 

Mr Graham Allen

 

NC10

 

Parliamentary Star    

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.”

 

Member’s explanatory statement

 

The purpose of this New Clause is to create a commission to consider whether economic and social

 

rights could be made justiciable in Scotland, and the prospects for achieving fuller attainment of

 

economic and social rights throughout the United Kingdom.

 


 

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”


 
 

Notices of Amendments: 12 October 2015                  

7

 

Scotland Bill, continued

 
 

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

 

27

 

Clause  15,  page  18,  line  20,  leave out “the amount described in subsection (3)” and

 

insert ‘the whole amount’

 

Member’s explanatory statement

 

The purpose of this amendment is to allow a sum equivalent to all of the revenue raised by the

 

standard rate of VAT in Scotland to be paid into the Scottish Consolidated Fund.

 

Ian Murray

 

28

 

Clause  15,  page  18,  line  26,  leave out “the amount described in subsection (4)” and

 

insert ‘the whole amount’

 

Member’s explanatory statement

 

The purpose of this amendment is to allow a sum equivalent to all of the revenue raised by the

 

standard rate of VAT in Scotland to be paid into the Scottish Consolidated Fund.

 

Ian Murray

 

29

 

Clause  15,  page  18,  line  28,  leave out subsections (3) and (4)

 

Member’s explanatory statement

 

The purpose of this and the linked amendments to Clause 15 is to allow a sum equivalent to all of

 

the revenue raised by both standard and reduced rates of VAT in Scotland to be paid into the

 

Scottish Consolidated Fund.

 

Ian Murray

 

30

 

Clause  15,  page  18,  line  33,  at end insert “Provided that the amount payable is not

 

less than half of the agreed standard rate amount.”

 

Member’s explanatory statement

 

This amendment would ensure that the share of the revenue raised by the standard rate of VAT in

 

Scotland to be paid into the Scottish Consolidated Fund never falls below half the of the revenue

 

raised, even if the standard rate of VAT is cut in the future.


 
 

Notices of Amendments: 12 October 2015                  

8

 

Scotland Bill, continued

 
 

Ian Murray

 

31

 

Clause  15,  page  18,  line  39,  at end insert “Provided that the amount payable is not

 

less than half of the agreed reduced rate amount.”

 

Member’s explanatory statement

 

This amendment would ensure that the share of the revenue raised by the reduced rate of VAT in

 

Scotland to be paid into the Scottish Consolidated Fund never falls below half the of the revenue

 

raised, even if the reduced rate of VAT is cut in the future.

 


 

Ian Murray

 

Wayne David

 

21

 

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.

 


 

Ian Murray

 

Wayne David

 

22

 

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

 

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.

 



 
 

Notices of Amendments: 12 October 2015                  

9

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

24

 

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

 

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”

 

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”

 


 

Ian Murray

 

26

 

Clause  32,  page  34,  line  13,  at end insert “including the imposition of minimum

 

quotas for women and other persons with protected characteristics across all levels of


 
 

Notices of Amendments: 12 October 2015                  

10

 

Scotland Bill, continued

 
 

public and political representation in Scotland.”

 

Member’s explanatory statement

 

This Amendment is intended to make explicit that, among the exceptions to reserved matters on

 

equal opportunities, the power is being devolved to the Scottish Parliament to set gender quotas.

 


 

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”

 

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,”


 
 

Notices of Amendments: 12 October 2015                  

11

 

Scotland Bill, continued

 
 

Mr Alistair Carmichael

 

20

 

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

 


 

new schedules

 

Ian Murray

 

Wayne David

 

NS1

 

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.

 

4          

The members of the Joint Committee on Welfare Devolution mentioned in

 

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

 

Ministers after consultation with the Convention of Scottish Local Authorities.

 

5          

In this Schedule, references to the Work and Pensions Select Committee of the

 

House of Commons are—

 

(a)    

if the name of that Committee is changed, to be taken (subject to

 

paragraph (b)) to be references to the Committee by its new name;

 

(b)    

if the functions of that Committee at the passing of this Act with

 

respect to welfare policy and payments (or functions substantially

 

corresponding thereto) become functions of a different committee of


 
 

Notices of Amendments: 12 October 2015                  

12

 

Scotland Bill, continued

 
 

the House of Commons, to be taken to be references to the committee

 

by whom the functions are for the time being exercisable.

 

6          

In this Schedule, references to the Welfare Reform Committee of the Scottish

 

Parliament are—

 

(a)    

if the name of that Committee is changed, to be taken (subject to

 

paragraph (b)) to be references to the Committee by its new name;

 

(b)    

) if the functions of that Committee at the passing of this Act with

 

respect to welfare policy and payments (or functions substantially

 

corresponding thereto) become functions of a different committee of

 

the Scottish Parliament, to be taken to be references to the committee

 

by whom the functions are for the time being exercisable.

 

Term of office of Committee members

 

7          

A member may resign from the Committee at any time by giving notice to the

 

Secretary of State.

 

8          

A member may be re-appointed (or further re-appointed) to membership of the

 

Committee.

 

Committee proceedings

 

9          

The Joint Committee on Welfare Reform may determine its own procedure.

 

10         

The validity of any proceedings of the Joint Committee on Welfare Reform is

 

not affected by—

 

(a)    

any vacancy among, or

 

(b)    

any defect in the appointment of any of, the members of the

 

Committee.

 

11         

The Joint Committee on Welfare Reform may appoint a member of the

 

Committee to act as chair at any meeting of the Committee in the absence of

 

both the Secretary of State and the Scottish Minster who is deputy chair of the

 

Committee.

 

Advisory Panel

 

12         

The Secretary of State and Scottish Ministers acting jointly may make

 

regulations appointing an advisory panel on the transfer, implementation and

 

operation of the powers devolved to the Scottish Parliament by Part 3 of this

 

Act, comprising academics, representatives of the third sector and voluntary

 

organisations, and other relevant stakeholders.

 

13         

The Joint Committee on Welfare Reform must consult any advisory panel

 

appointed under paragraph 12 of this Schedule.

 

Member’s explanatory statement

 

This new Schedule is linked to New Clause NC3 (Joint Committee on Welfare Reform) and makes

 

provision about membership and proceedings of the Joint Committee, including the appointment

 

of an advisory panel including third sector and academic experts.

 

 

ORDER OF THE HOUSE [8 jUNE 2015]

 

That the following provisions shall apply to the Scotland Bill:

 

Committal

 

1.    

The Bill shall be committed to a Committee of the whole House.


 
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