Session 2010 - 11
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Other Bills before Parliament


 
 

Committee of the whole House: 14 March 2011              

1614

 

Scotland Bill, continued

 
 

Mr Stewart Hosie

 

Mr Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

54

 

Clause  32,  page  24,  line  23,  leave out from ‘may’ to ‘any’ in line 24 and insert

 

‘borrow’.

 

Mr Stewart Hosie

 

Mr Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

55

 

Clause  32,  page  24,  line  28,  at end insert—

 

‘(1C)    

In borrowing any sums under subsection (1A), the Scottish Ministers must have

 

regard to any code of practice agreed by them and the Treasury.

 

(1D)    

A code of practive agreed under subsection (1C) may include provision as to—

 

(a)    

how the Scottish Ministers are to determine and keep under review how

 

much they can afford to borrow,

 

(b)    

the terms and conditions on which sums may be borrowed,

 

(c)    

limits on the aggregate at any time outstanding in respect of the principal

 

of sums borrowed.’.

 

Mr Stewart Hosie

 

Mr Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

53

 

Clause  32,  page  24,  line  31,  leave out subsections (6) to (8) and insert—

 

‘(5A)    

Subsections (2) and (3) are omitted.’.

 

Mr Stewart Hosie

 

Mr Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

56

 

Clause  32,  page  24,  leave out line 38 to line 5 on page 25.


 
 

Committee of the whole House: 14 March 2011              

1615

 

Scotland Bill, continued

 
 

Mr Stewart Hosie

 

Mr Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

57

 

Clause  32,  page  25,  leave out subsection (10).

 


 

Mr Secretary Moore

 

31

 

Clause  33,  page  25,  line  31,  leave out ‘the amount specified as’.

 

Mr Secretary Moore

 

32

 

Clause  33,  page  26,  line  2,  leave out from second ‘exceeding’ to end of line 3 and

 

insert—

 

‘(i)    

in the case of a summary offence, level 5 on the standard scale,

 

(ii)    

in the case of an offence triable either way, the statutory

 

maximum,’.

 


 

Mr Secretary Moore

 

65

 

Clause  38,  page  28,  line  5,  leave out ‘made by statutory instrument’.

 

Mr Secretary Moore

 

66

 

Clause  38,  page  28,  line  9,  leave out ‘made by statutory instrument’.

 


 

New Clauses

 

Orders

 

Mr Secretary Moore

 

NC18

 

To move the following Clause:—

 

‘Any power to make an order conferred by this Act is exercisable by statutory

 

instrument.’.

 



 
 

Committee of the whole House: 14 March 2011              

1616

 

Scotland Bill, continued

 
 

Abolition of regional members of Scottish Parliament

 

John Robertson

 

Mr Michael McCann

 

Mr Brian H. Donohoe

 

Mr Jim Cunningham

 

Jim McGovern

 

Michael Connarty

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

In section 1—

 

(a)    

in subsection (2) “Two members” is substituted for “One member”; and

 

at the end there is inserted “save for those identified in paragraph 1(a) to

 

(c) of Schedule 1, each of which shall return one member,”;

 

(b)    

subsection (3) is omitted.

 

(3)    

In section 5, subsections (1) and (3) to (9) are omitted.

 

(4)    

Sections 6, 7, 8 and 10 are omitted.

 

(5)    

In section 11, subsection (2) is substituted by—

 

“(2)    

A person is not entitled to vote as an elector in more than one

 

constituency at a general election, and may cast no more than two votes

 

at a poll for the return of constituency members.”.

 

(6)    

In section 12—

 

(a)    

in subsection (2), paragraphs (e) and (f) are omitted;

 

(b)    

subsection (3) is omitted;

 

(c)    

after subsection (4) the following subsection is inserted—

 

“(4A)    

The provision to be made under subsection (1) must include

 

provision for—

 

(a)    

each elector to cast one or two votes of equal value, with

 

no more than one vote to be given to any one candidate,

 

in constituencies returning two members;

 

(b)    

the two candidates with the most valid votes to be

 

elected in such constituencies.”.

 

(7)    

In Schedule 1—

 

(a)    

for paragraph 1 there is substituted—

 

“(1)    

The constituencies are—

 

(a)    

the Orkney Islands,

 

(b)    

the Shetland Islands

 

(c)    

the Western Isles [Na h-Eileanan An Iar], and

 

(d)    

the parliamentary constituencies in Scotland at the time

 

of an ordinary or extraordinary general election for the

 

Scottish Parliament, except the constituencies of Orkney

 

and Shetland and Na h-Eileanan An Iar”;

 

(b)    

paragraphs 3 to 14 are omitted.’.

 



 
 

Committee of the whole House: 14 March 2011              

1617

 

Scotland Bill, continued

 
 

Regional members of the Scottish Parliament

 

John Robertson

 

Mr Michael McCann

 

Mr Brian H. Donohoe

 

Jim McGovern

 

Mr Jim Cunningham

 

Michael Connarty

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

In section 81, after subsection (2), there is inserted—

 

“(2A)    

No provision shall be made under subsection (2) for any allowances for

 

representative work in any constituency or region by a regional member

 

in a registered political party or a group of such regional members; and

 

no allowances may be made for offices or staff or related expenses

 

incurred by such members other than in connection with or at the

 

Parliament’s place of meeting or in connection with a committee

 

meeting.

 

(2B)    

Any allowances paid to regional members in a registered political party

 

shall be founded on the assumption that they are representatives of that

 

party from the relevant region and not from any single constituency.”.

 

(3)    

In Schedule 3, after paragraph 2 , there is inserted—

 

“2A      

The standing orders shall include provision for withdrawing from a

 

regional member in a registered political party any or all of his rights

 

and privileges as a member, including any allowances, if he is found

 

to have purported to act, or has held himself out, as a constituency

 

member for any single constituency or for a group of constituencies

 

other than the region from which he was elected.”’.

 


 

Maritime policy

 

Mr Angus Brendan MacNeil

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

In Schedule 5, section E3, leave out—

 

“(a)    

the Coastguard Act 1925”.

 

(3)    

After section 90 insert section 90A as follows—

 

“Maritime and Coastguard Agency (Scotland)

 

90A(1)  

The Maritime and Coastguard Agency is to be treated as a Cross-

 

Border Public Authority for the purposes of sections 88 to 90.


 
 

Committee of the whole House: 14 March 2011              

1618

 

Scotland Bill, continued

 
 

      (2)  

The funding, operation and planning authority of Maritime and

 

Coastguard Agency facilities in Scotland shall reside with the Scottish

 

Government and the appropriate Scottish Minister.

 

      (3)  

These parts of the Maritime and Coastguard Agency which are the

 

responsibility of Scottish Government shall be known as the Maritime

 

and Coastguard Agency (Scotland).

 

      (4)  

The Maritime and Coastguard Agency (Scotland) will be responsible

 

for maintaining and upholding domestic and international laws and

 

obligations in the Scottish Waters.

 

      (5)  

For the purposes of this section, the Scottish Waters are as defined by

 

the Scottish Adjacent Waters Boundary Order 1999.”.’.

 


 

Economic incentives for the Scottish maritime industry

 

Mr Angus Brendan MacNeil

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

In Schedule 5, section E3, the words “Financial assistance for shipping services

 

which start or finish or both outside Scotland” are replaced with “Financial

 

assistance for shipping services which both start and finish outside Scotland.”.’.

 


 

Administration of elections

 

Stewart Hosie

 

Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

NC5

 

To move the following Clause:—

 

‘(1)    

In Part 1 of Schedule 4 to the Act (enactments protected from modification by the

 

Parliament), in paragraph 4(2) after “1(4)”, there is inserted “12”.

 

(2)    

In Part 2 of Schedule 5 to the Act (reserved matters: specific reservations), in

 

Section B3 (elections) the words “the European Parliament and the Parliament”

 

are omitted and the words “and the European Parliament” are inserted.’.

 



 
 

Committee of the whole House: 14 March 2011              

1619

 

Scotland Bill, continued

 
 

Speed limits

 

Stewart Hosie

 

Angus Robertson

 

Pete Wishart

 

Mr Angus Brendan MacNeil

 

Dr Eilidh Whiteford

 

Mr Mike Weir

 

NC6

 

To move the following Clause:—

 

‘In Part 2 of Schedule 5 to the Act, in section E1(c),

 

(a)    

the words “section 17 (traffic regulation on special roads)” are omitted,

 

and

 

(b)    

the words “Part V (traffic signs) and Part VI (speed limits)” are omitted

 

and the words “and Part V (traffic signs), except traffic signs for speed

 

limits,” are inserted.’.

 


 

Timing of the Scottish Parliamentary general election

 

Edward Miliband

 

Ann McKechin

 

Tom Greatrex

 

NC7

 

To move the following Clause:—

 

‘(1)    

Section 2 of the 1998 Act is amended as follows.

 

(2)    

At the end of subsection (2) there is inserted “or unless the poll is advanced or

 

delayed as a result of the operation of subsection (6A) below”.

 

(3)    

At the end there is added the following new subsection—

 

“(6A)    

If the poll to be held under subsection (2) or subsection (5) above is in the

 

same calendar year as an early parliamentary general election under

 

section 2 of the Fixed-term Parliaments Act 2011, the Parliament may by

 

resolution appoint an alternative day for the poll for the next Scottish

 

Parliamentary general election no more than 12 months earlier nor more

 

than 12 months later than the day appointed under subsection (2) or

 

subsection (5) above and at least 6 months before or after the

 

parliamentary general election, and the day so appointed shall be treated

 

as if it had been proposed by the Presiding Officer under subsection (5)

 

above.”’.

 



 
 

Committee of the whole House: 14 March 2011              

1620

 

Scotland Bill, continued

 
 

Duty on fuel

 

Stewart Hosie

 

Angus Robertson

 

Pete Wishart

 

Dr Eilidh Whiteford

 

Mr Angus Brendan MacNeil

 

Mr Mike Weir

 

NC8

 

To move the following Clause:—

 

‘In Part 4A (as inserted by section 24), after Chapter 4 insert—

 

“Chapter 8

 


 

Duty on Fuel

 

80O    

Duty on fuel

 

The Secretary of State shall, within one month of the coming into force

 

of section 80B of this Act, lay in accordance with Type A procedure as

 

set out in Schedule 7 to this Act a draft Order in Council which specifies

 

as an additional devolved tax a duty on fuel.”.’.

 


 

Rail passenger services

 

Thomas Docherty

 

Katy Clark

 

NC9

 

To move the following Clause:—

 

‘In Part 2 of Schedule 5 to the Act, in section E2, after “Exceptions” there is

 

inserted—

 

“The provision of rail passenger services which start and finish in

 

Scotland, including the power to decide who will run such services, the

 

provisions of the Railways Act 1993 notwithstanding.”.’.

 


 

Crown Estate

 

Mr Angus Brendan MacNeil

 

Pete Wishart

 

Stewart Hosie

 

Angus Robertson

 

Mr Mike Weir

 

Dr Eilidh Whiteford

 

NC10

 

To move the following Clause:—


 
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Revised 14 March 2011