Session 2010 - 11
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Other Bills before Parliament

Committee of the whole House: 7 March 2011

1563

Scotland Bill, continued

New Clauses

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”;

Committee of the whole House: 7 March 2011

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Scotland Bill, continued

(b)	paragraphs 3 to 14 are omitted.’.

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—

Committee of the whole House: 7 March 2011

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Scotland Bill, continued

“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.

(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”.

Committee of the whole House: 7 March 2011

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Scotland Bill, continued

(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.’.

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

Committee of the whole House: 7 March 2011

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Scotland Bill, continued

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

above.”’.

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.”.’.

Committee of the whole House: 7 March 2011

1568

Scotland Bill, continued

Crown estates

Mr Angus Brendan MacNeil

Pete Wishart

Stewart Hosie

Angus Robertson

Mr Mike Weir

Dr Eilidh Whiteford

NC10

To move the following Clause:—

‘(1)	In Part 1 of Schedule 5 to the 1998 Act, paragraphs 2(3) and 3(3)(a) are omitted.

(2)	The Crown Estate is to be treated as a cross-border public authority for the

purposes of sections 88 to 90 of the 1998 Act.

(3)	In section 1(4) of the Crown Estate Act 1961, for “Secretary of State” wherever

it appears, substitute “Scottish Minister”.’.

Time

Mr Angus Brendan MacNeil

NC11

To move the following Clause:—

‘In Schedule 5, section L, subsection L5 of the 1998 Act the words “, time zones

and the subject matter of the Summer Time Act 1972.” are deleted.’.

Scottish maritime boundaries

Mr Angus Brendan MacNeil

NC12

To move the following Clause:—

‘(1)	In section 126(2) of the 1998 Act, after “Council”, insert “and with the Consent

of the Scottish Parliament”.

(2)	At the end of section 126(2) insert “A boundary order shall be issued in 2012.”.’.

Report to Parliament

David Mowat

NC13

To move the following Clause:—

Committee of the whole House: 7 March 2011

1569

Scotland Bill, continued

‘(1)	The Chancellor of the Exchequer shall, as part of the next Spending Review, lay

before the House a new formula for allocating funds to the devolved institutions

of Scotland, Wales and Northern Ireland via the block grant. The new formula

shall allocate to each devolved institution an annual sum that is relative to both

the level of need and the relative population of each country.

(2)	The Chief Secretary to the Treasury shall, as part of every Spending Review

thereafter, produce an assessment of how well the formula for allocation reflects

relative need and population and shall report to the House his findings and any

adjustments to the weightings he considers necessary to ensure that the formula

continues to reflect both relative need and population.’.

Fiscal and economic responsibility

Mr Stewart Hosie

Mr Angus Robertson

Pete Wishart

Mr Angus Brendan MacNeil

Dr Eilidh Whiteford

Mr Mike Weir

NC14

To move the following Clause:—

‘In Part 2 of Schedule 5 to the Scotland Act 1998, in Section A1, the words “fiscal

economic” and “taxes and excise duties” are omitted.’.

Order of the House [27 JANUARY 2011]

That the following provisions shall apply to the Scotland Bill:

Committal

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

Proceedings in Committee

2.	Proceedings in Committee of the whole House shall be completed in three

days.

3.	The proceedings shall be taken on the days shown in the first column of the

following Table and in the order so shown.

4.	The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

TABLE

	Proceedings	Time for conclusion of proceedings
	First day
	Clauses 1 to 9, Schedule 1, Clauses 10	The moment of interruption on the first
	to 12, Schedule 2, Clauses 13 to 23.	day.
	Second and third days
	Clauses 24 to 26, Schedule 3, Clauses	The moment of interruption on the third
	27 to 29, Schedule 4, Clauses 30 and	day.
	31, Schedule 5, Clauses 32 to 39, new
	Clauses, new Schedules, remaining
	proceedings on the Bill.

© Parliamentary copyright	Revised 8 March 2011