to be moved
[Supplementary to the Second Marshalled List]
LORD WALLACE OF TANKERNESS
Page 74, line 31, leave out paragraph (c)
Page 75, line 11, leave out paragraphs (c) and (d)
After Clause 68
Insert the following new Clause—
(1) The Scottish Parliament shall have an express power to expand the
independent scrutiny of Scotland’s public finances in recognition of the
additional variability and uncertainty that the devolution of further tax and
spending powers will introduce into the budgeting process in Scotland.
(2) The power created by subsection (1) may be exercised by the creation by
the Scottish Parliament of a Scottish Fiscal Commission that is both
independent of the Scottish Executive, and clearly seen to be independent
of that Executive.
(3) The Scottish Fiscal Commission shall, as far as is possible, be modelled on
the Office for Budget Responsibility.
(4) The duties and responsibilities of the Scottish Fiscal Commission shall, as
far as is possible, be the same for Scotland as those of the Office for Budget
Responsibility are for the United Kingdom.
(5) If any person elected as a member of the Scottish Parliament challenges the
independence of any person nominated to be a member of the Scottish
Fiscal Commission, the Lord President of the Court of Session shall
determine whether that person is independent; and shall do so on the basis
of written submissions made to him by any person or body invited by the
Lord President to make representations to him on the matter; and the
ruling of the Lord President on the matter shall be final and not reviewable.
(6) If the Lord President rules that a person nominated to be a member of the
Scottish Fiscal Commission is not independent, that person shall not be
appointed to be a member of the Commission.
(7) In this section “independence” means independence from the Scottish
Government and from any political party with representation in the United
Kingdom Parliament or the Scottish Parliament.”
Page 75, line 27, at end insert “, or after the Scottish Fiscal Commission has been
created under (the scottish fiscal commission), whichever is the later date.”