Scotland Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 9

LORD FOULKES OF CUMNOCK

 

Page 7, line 31, at end insert—

“( ) In section 5 of the 1998 Act (candidates)—

(a) in subsection (7)(c) omit “for a constituency not included in that region, or”;

(b) omit subsection (7)(d);

(c) in subsection (8)(c) omit “for a constituency not included in that region, or”;

(d) omit subsection (8)(d).”

After Clause 9

LORD FOULKES OF CUMNOCK

 

Insert the following new Clause—

“Review of electoral system for the Scottish Parliament

(1) The Secretary of State must make arrangements—

(a) for a committee to carry out a review of the electoral system used for elections to the Scottish Parliament and to make recommendations about that, and

(b) for the publication of the committee’s findings and recommendations.

(2) Arrangements for the establishment of the committee under subsection (1) are to be made no later than 1 May 2012, and the committee is to report no later than 31 December 2012.”

After Clause 14

LORD FOULKES OF CUMNOCK

 

Insert the following new Clause—

“Variation of student fees according to origin of British students

In Part 2 of Schedule 5 to the 1998 Act, under Head L (miscellaneous) at the end insert—

“L8. Variation of student fees according to origin of British students

The setting of student fees for students from England, Northern Ireland or Wales studying at Scottish universities at rates different from those for students from Scotland studying at Scottish universities.

Interpretation

“Fees” has the meaning given by section 41 of the Higher Education Act 2004.””

LORD FORSYTH OF DRUMLEAN

 

Insert the following new Clause—

“Referendum about Scottish independence

(1) The holding of a referendum on whether Scotland should become independent from the rest of the United Kingdom is outside the legislative competence of the Scottish Parliament (see subsection (6)).

(2) The Prime Minister may by order cause a referendum to be held throughout Scotland about whether Scotland should become independent of the rest of the United Kingdom.

(3) The order shall contain the question that is to appear on the ballot paper.

(4) The referendum shall be held in accordance with provisions made in the order, applying the provisions in sections 2, 3, 5 and 6 of, and Schedules 1, 2, 3, 4 and 9 to, the Parliamentary Voting System and Constituencies Act 2011 with such modifications as are necessary.

(5) An order under this section may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) In Part 1 of Schedule 5 to the 1998 Act, after paragraph 1 (the Constitution) insert—

“1A. The holding of a referendum on whether Scotland should become independent of the rest of the United Kingdom is a reserved matter.””

After Clause 37

LORD BARNETT

 

Insert the following new Clause—

“Allocation of public funds to Scotland

(1) The allocation of public funds to Scotland shall be based on a needs assessment, rather than the population basis of the Barnett formula.

(2) The Chancellor of the Exchequer shall, by order, establish a commission to—

(a) agree a methodology for assessing Scotland’s needs; and

(b) periodically review the allocation of public funds to Scotland in the light of its needs.

(3) The first review by the commission must be completed no later than 1 April 2015.”

LORD FOULKES OF CUMNOCK

 

Insert the following new Clause—

“Referendum about further devolution of taxation

Referendum about further devolution of taxation

In section 30 of the 1998 Act (legislative competence: supplementary) there is inserted—

“(5) Her Majesty may not by Order in Council amend Schedule 5 or make any other provision which removes any tax or excise duty from being a reserved matter (“the proposed devolution of taxation competence”) unless subsection (6) is satisfied.

(6) This subsection is satisfied if a referendum has been held throughout Scotland about whether the proposed devolution of taxation competence should take place and the majority of voters in the referendum vote in favour of the proposed devolution.

(7) Her Majesty may by Order in Council cause the referendum to be held.

(8) The Order in Council shall contain the question that is to appear on the ballot paper.

(9) An Order in Council under subsection (7) may not be made unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament.

(10) For further provision about a referendum held by virtue of this section, Schedule (Referendums under this Act) to the Scotland Act 2011 applies.””

 

Insert the following new Clause—

“Referendum about Scottish finance provisions

Referendum about Scottish finance provisions

(1) Her Majesty may by Order in Council cause a referendum to be held throughout Scotland about whether Part 3 should come into force.

(2) If the majority of the voters in a referendum held by virtue of subsection (1) vote in favour of those sections coming into force, they are to come into force in accordance with section (Commencement of Part 3).

(3) But if they do not, that does not prevent the making of a subsequent Order in Council under subsection (1).

(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament and the Scottish Parliament.

(5) But subsection (4) is not satisfied unless the resolution of the Scottish Parliament is passed on a vote in which the number of members of the Parliament voting in favour of it is not less than two-thirds of the total number of seats in the Parliament.

(6) A draft of a statutory instrument containing an Order in Council under subsection (1) may not be laid before either House of Parliament, or the Scottish Parliament, until the Secretary of State has undertaken such consultation as the Secretary of State considers appropriate.

(7) For further provision about referendums held by virtue of subsection (1), Schedule (Referendums under this Act) applies.”

 

Insert the following new Clause—

“Proposal for referendum by Scottish Parliament

(1) This section applies if—

(a) the Scottish Parliament passes a resolution moved by the First Minister or a Scottish Minister that, in its opinion, a recommendation should be made to Her Majesty in Council to make an Order in Council under section (Referendum about Scottish finance provisions)(1), and

(b) the resolution of the Scottish Parliament is passed on a vote in which the number of members of the Parliament voting in favour of it is not less than two-thirds of the total number of seats in the Parliament.

(2) The First Minister must, as soon as is reasonably practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the Secretary of State.

(3) The Secretary of State must, within the period of 120 days beginning immediately after the day on which it is received—

(a) lay a draft of a statutory instrument containing an Order in Council under section (Referendum about Scottish finance provisions)(1) before each House of Parliament, or

(b) give notice in writing to the First Minister of the Secretary of State’s refusal to do so and the reasons for that refusal.

(4) As soon as is reasonably practicable after the First Minister receives notice given under subsection (3)(b)—

(a) the First Minister must lay a copy of the notice before the Scottish Parliament, and

(b) the Scottish Parliament must ensure that the notice is published.”

 

Insert the following new Clause—

“Commencement of Part 3

(1) This section applies where the majority of the voters in a referendum held by virtue of section (Referendum about Scottish finance provisions)(1) are in favour of Part 3 coming into force.

(2) The Secretary of State may by order make provision for Part 3 to come into force on the date specified in the order.

(3) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.”

Clause 43

LORD FOULKES OF CUMNOCK

 

Page 32, leave out lines 31 to 40

 

Page 32, line 40, at end insert—

“( ) Part 3 (and Schedule 3) comes into force in accordance with section (Commencement of Part 3).”

 

Page 33, line 2, at end insert—

“( ) Notwithstanding the other provisions of this section, no provision of this Act may come into force until a referendum has been held in accordance with section (Referendum about Scottish independence).”

After Clause 43

 

Insert the following new Clause—

“Referendum about Scottish independence

(1) Her Majesty may by Order in Council, on the advice of the Prime Minister, cause a referendum to be held throughout Scotland about whether Scotland should become independent of the rest of the United Kingdom.

(2) Such a referendum can only be held within 24 months of the day on which this Act is passed.

(3) The question that is to appear on the ballot paper is—

Do you want Scotland to remain part of the United Kingdom?

(4) For further provision about a referendum held by virtue of subsection (1), Schedule (Referendums under this Act) applies.

(5) An Order in Council under this section may not be made unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament.”

After Schedule 3

LORD FOULKES OF CUMNOCK

 

Insert the following new Schedule—

“SCHEDULE Referendums under this Act Entitlement to vote

1 (1) The persons entitled to vote in a referendum held by virtue of any provision of this Act are those who would be entitled to vote in a general election of Scottish Parliament members if one were held on the date of the poll at the referendum.

(2) But an Order in Council under this Act may include provision for disregarding alterations made in a register of electors after a specified date.

Conduct etc of referendum

2 (1) An Order in Council under this Act may make provision for and in connection with the referendum which it causes to be held.

(2) Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3) In sub-paragraph (2) “donations” means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000.

Referendum question and statement

3 (1) An Order in Council under this Act—

(a) must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b) may specify a statement to precede the question on that ballot paper.

(2) The Secretary of State must, no later than the time at which paragraph (b) of section 104(4) of the Political Parties, Elections and Referendums Act 2000 (report stating views as to intelligibility of referendum question expressed by Electoral Commission) is complied with, send to the First Minister a copy of the report laid before Parliament under that paragraph.

(3) As soon as is reasonably practicable after the First Minister receives a copy of a report under sub-paragraph (2) the First Minister must lay a copy of the report before the Scottish Parliament.

Date of referendum

4 (1) An Order in Council under this Act must specify the date of the poll at the referendum which it causes to be held.

(2) The Secretary of State may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3) No order may be made under sub-paragraph (2) without the consent of the Scottish Ministers.

(4) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Referendum period

5 An Order in Council under this Act must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.

Combination of polls

6 An Order in Council under this Act may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).

Encouraging voting

7 An Order in Council under this Act may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).

Provision of information to voters

8 (1) This paragraph applies in relation to a referendum held by virtue of this Act if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.

(2) The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3) Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4) In this paragraph “the appropriate day” means—

(a) if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b) if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

(c) in any other case in which no such order is made, the 29th day of the referendum period.

Referendum material

9 Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of this Act if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.

Funding and accounts

10 An Order in Council under this Act must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Scottish Consolidated Fund).

11 An Order in Council under this Act must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.

No legal challenge to referendum result

12 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of this Act as certified by the Chief Counting Officer or a counting officer unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of six weeks beginning with—

(a) the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

Supplementary

13 An Order in Council under this Act may include provision creating criminal offences.

Interpretation

14 Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 have the same meaning in this Schedule as in that Part.”

Prepared 14th September 2011