1

House of Commons

Notices of Amendments

given up to and including

Thursday 22 October 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 32 and 33

Consideration of Bill (Report Stage)

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withdrawn amendments at the end.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 the

order in which they relate to the Bill.

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: 22 October 2015                  

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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: 22 October 2015                  

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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

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

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: 22 October 2015                  

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Scotland Bill, continued

Ian Murray

NC5

To move the following Clause—

“Childcare element of universal credit

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in Exceptions,

after exception 6 (see section 22 above) insert—

“Exception 7

The subject-matter of regulations 31 to 34 of the Universal Credit

Regulations 2013.””

Member’s explanatory statement

This new clause would devolve to the Scottish Parliament the power to make rules about the

childcare element of Universal Credit.

Mr Graham Allen

NC6

To move the following Clause—

“Local Discretionary Taxation

Individual local authorities in Scotland shall have the discretion to raise

additional income by levying a tax, in addition to Council Tax and Non-Domestic

Rates, on either residents, occupiers, property owners or visitors in the local

authority or within a discrete area of the local authority providing local people

consent.”

Member’s explanatory statement

The power will enable local authorities to introduce tax(es) without the need to seek approval from

Scottish Government, with the rates and reliefs being determined locally and the local authority

being both granted powers to ensure that those on which the tax is levied have a legal obligation

to pay and the local authority having the discretion to determine how the additional revenue is

expended.

Mr Graham Allen

NC7

To move the following Clause—

“Local authority’s power of general competence

(1)    

A local authority has power to do anything that individuals generally may do.

(2)    

Subsection (1) applies to things that an individual may do even though they are

in nature, extent or otherwise—

(a)    

unlike anything the authority may do apart from subsection (1), or

(b)    

unlike anything that other public bodies may do.

(3)    

In this section “individual” means an individual with full capacity.

Notices of Amendments: 22 October 2015                  

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Scotland Bill, continued

(4)    

Where subsection (1) confers power on the authority to do something, it confers

power to do it in any way whatever, including—

(a)    

power to do it anywhere in the United Kingdom or elsewhere,

(b)    

power to do it for a commercial purpose or otherwise for a charge, or

without charge, and

(c)    

power to do it for, or otherwise than for, the benefit of the authority, its

area or persons resident or present in its area.

(5)    

The generality of the power conferred by subsection (1) (“the general power”) is

not limited by the existence of any other power of the authority which (to any

extent) overlaps the general power.

(6)    

Any such other power is not limited by the existence of the general power.”

Member’s explanatory statement

This new Clause seeks to introduce a general power of competence for Scottish local authorities,

putting it beyond doubt that they may do anything that is not expressly prohibited by law. It seeks

to go further than the power of wellbeing already afforded to Scottish local authorities. The

proposals seek to give councils the capacity to do anything that an individual can do. Therefore,

this would not enable a local authority to introduce a tax or wage war, but it would ensure that

local government has the ability to use the power of general competence in the most sensible and

constructive way for the benefit of the people and communities whom they serve.

Mr Graham Allen

NC8

To move the following Clause—

“Competences of local government in Scotland

(1)    

The First Minister 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 Minister 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.”

Member’s explanatory statement

This new clause entrenches the independence of local government in Scotland from interference

by national government in Scotland.

Notices of Amendments: 22 October 2015                  

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Scotland Bill, continued

Mr Graham Allen

NC9

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.”

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

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.

Ian Murray

NC11

To move the following Clause—

“Scottish block grant

The Secretary of State must lay before the House of Commons before the end of

the first month of each financial year a full record, including minutes of meetings

and correspondence at Ministerial level, of discussions between the Secretary of

State, the Treasury and Scottish Ministers relating to the non-budget expenditure

Notices of Amendments: 22 October 2015                  

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Scotland Bill, continued

to be voted by Parliament authorising the payment of grants to the Scottish

Consolidated Fund for that financial year.”

Member’s explanatory statement

The purpose of this new clause is to ensure transparency and accountability of the process leading

to the annual settlement between the Treasury and Scottish Ministers of the block grant to the

Scottish Consolidated Fund.

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)”