15 Jun 2015 : Column 119

Non-IER registered electors are those who were not among the 87% of the electorate who were data-matched and automatically transferred to the new registers and who are yet to make a fresh application under the new system. That means 13% of electors on the original electoral rolls were initially unmatched, and we have been whittling down that number. Unless their electoral registration officers have evidence to suggest that those people are no longer eligible, they have been retained on the electoral register as carry-forward electors. The end of the transition to IER will be the point at which any of those remaining non-IER registered electors are automatically removed from the electoral registers in Great Britain.

The amendment would allow the Scottish Government to make regulations about the impact of the end of transition to IER on the completeness of the registers for Scottish parliamentary and local government elections. However, clause 4 already gives Scottish Ministers a broad power to make provision on matters relating to the conduct of Scottish parliamentary and local government elections, particularly on the registration of electors. The intention behind the amendment is to make provision to keep non-IER registered electors on the Scottish electoral registers beyond the end of the transition, but Scottish Ministers could do so already under clause 4 as currently drafted. The amendment would therefore add nothing and is unnecessary. I hope that it will be withdrawn so that we can proceed.

Angus Robertson: I know that we are running out of time, so I will not detain the Committee. I have listened to what the Minister has said and beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: 92, page 2, leave out lines 30 to 32 and insert—

“Any digital service provided by a Minister of the Crown for the registration of electors.”.

This amends the reservation of the Digital Service to allow for future changes, such as to the operational mechanisms of the Service, subsequent amendments to the Representation of the People (Scotland) Regulations 2001 (SI 2001/497) and for transfers of functions between Ministers.

Amendment 93, page 2, leave out lines 33 to 37 and insert—

(a) Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 (expenditure in connection with elections) in relation to an election within the legislative competence of the Parliament, where the poll at the election is combined with the poll at an election for membership of the House of Commons or the European Parliament, and

(b) sections 145 to 148 and 150 to 154 of that Act (enforcement) as they apply for the purposes of Part 5 or 6, so far as the subject-matter of that Part is reserved by paragraph (a).”.

This amendment amends the reservation relating to Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 to make clear that sections 145 to 148 and 150 to 154 are also reserved to the extent that those Parts are reserved.

Amendment 94, page 3, line 1, leave out from “Act” to end of line 2 and insert

“as they apply for the purposes of section 155 or 156, so far as the subject-matter of that section”.

This amendment makes drafting changes to the reservation of sections 145 to 148 and 150 to 154 of the Political Parties, Elections and Referendums Act 2000 in line with amendment 93.

15 Jun 2015 : Column 120

Amendment 95, page 3 , leave out line 12 and insert—

“(c) sections 12, 21 to 33, 35 to 37, 39 to 57, 58 to 67, 69, 71, 71F, 71G, 71H to 71Y and 140A,”.

This amendment amends the reservation of the Political Parties, Elections and Referendums Act 2000 so that sections of that Act which have been repealed, make amendments to other legislation or do not relate to elections to the Scottish Parliament are not included in the reservation.

Amendment 96, page 3, line 15, after “157”, insert “and 159”.

This amendment amends the reservation of the Political Parties, Elections and Referendums Act 2000 in B3(B) so that section 158 is not reserved. Section 158 provides for amendments and repeals of other legislation and therefore there is no subject-matter within this section that needs to be reserved.

Amendment 97, page 3, line 16, leave out from “154” to end of line 18 and insert

“as they apply for the purposes of a provision mentioned in paragraphs (a) to (e), so far as the subject matter of that provision is reserved by those paragraphs.”

This amendment makes drafting changes to the reservation of sections 145 to 148 and 150 to 154 of the Political Parties, Elections and Referendums Act 2000 in line with amendment 93.

Amendment 98, page 3, leave out lines 20 to 25.—(Stephen Barclay.)

Due to amendment 92, definitions of the “digital service” and “elections in Scotland” are no longer required.

Clause 3, as amended, ordered to stand part of the Bill.

Clause 4

Power to make provision about elections

Amendments made: 99, page 4, line 30, leave out from “of” to end of line 32 and insert

“any digital service provided by a Minister of the Crown for the registration of electors”.

This amendment ensures that subsection (4) of new section 12 of the Scotland Act 1998 refers to the amended reservation of the Digital Service (see amendment 92).

Amendment 100, , page 5, leave out lines 1 to 3. —(Stephen Barclay.)

Due to amendment 92, a definition of the “digital service” is no longer

required

.

Clause 4, as amended, ordered to stand part of the Bill.

Clause 5

Timing of elections

Amendment made: 101, page 6, line 4, leave out “, or within two months before,”.—(Stephen Barclay.)

This amendment removes the provision preventing a Scottish parliamentary ordinary general election from being held in the two months before a UK or European parliamentary general election, but such an election to the Scottish Parliament could not be held on the same day as such elections to the UK or European Parliaments.

Amendment proposed: 43, page 6, line 8, at end insert—

“(c) A referendum called under reserved powers”.—(Wayne David.)

Question put, That the amendment be made.

The Committee divided:

Ayes 269, Noes 305.

Division No. 9]

[

9.7 pm

AYES

Abrahams, Debbie

Ahmed-Sheikh, Ms Tasmina

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Anderson, Mr David

Arkless, Richard

Ashworth, Jonathan

Austin, Ian

Bailey, Mr Adrian

Bardell, Hannah

Barron, rh Kevin

Beckett, rh Margaret

Benn, rh Hilary

Berger, Luciana

Black, Ms Mhairi

Blackford, Ian

Blackman, Kirsty

Blackman-Woods, Dr Roberta

Blenkinsop, Tom

Blomfield, Paul

Boswell, Philip

Bradshaw, rh Mr Ben

Brake, rh Tom

Brennan, Kevin

Brock, Deidre

Brown, Alan

Brown, Lyn

Brown, rh Mr Nicholas

Bryant, Chris

Buck, Ms Karen

Burden, Richard

Burgon, Richard

Butler, Dawn

Byrne, rh Liam

Cadbury, Ruth

Cameron, Dr Lisa

Campbell, rh Mr Alan

Campbell, Mr Ronnie

Carmichael, rh Mr Alistair

Champion, Sarah

Chapman, Douglas

Chapman, Jenny

Cherry, Joanna

Coaker, Vernon

Coffey, Ann

Cooper, Julie

Cooper, Rosie

Cooper, rh Yvette

Cowan, Ronnie

Cox, Jo

Coyle, Neil

Crawley, Angela

Creasy, Stella

Cruddas, Jon

Cryer, John

Cummins, Judith

Cunningham, Alex

Cunningham, Mr Jim

Danczuk, Simon

David, Wayne

Davies, Geraint

Day, Martyn

Debbonaire, Thangam

Docherty, Martin John

Donaldson, Stuart Blair

Doughty, Stephen

Dowd, Jim

Dowd, Peter

Dromey, Jack

Dugher, Michael

Durkan, Mark

Eagle, Ms Angela

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Esterson, Bill

Evans, Chris

Fellows, Marion

Ferrier, Margaret

Field, rh Frank

Fitzpatrick, Jim

Flello, Robert

Fletcher, Colleen

Flint, rh Caroline

Flynn, Paul

Fovargue, Yvonne

Foxcroft, Vicky

Gapes, Mike

Gardiner, Barry

Gethins, Stephen

Gibson, Patricia

Glass, Pat

Glindon, Mary

Godsiff, Mr Roger

Goodman, Helen

Grady, Patrick

Grant, Peter

Gray, Neil

Green, Kate

Greenwood, Lilian

Greenwood, Margaret

Griffith, Nia

Gwynne, Andrew

Haigh, Louise

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Carolyn

Hayes, Helen

Hayman, Sue

Healey, rh John

Hendrick, Mr Mark

Hendry, Drew

Hepburn, Mr Stephen

Hermon, Lady

Hillier, Meg

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hopkins, Kelvin

Hosie, Stewart

Howarth, rh Mr George

Hunt, Tristram

Huq, Dr Rupa

Hussain, Imran

Irranca-Davies, Huw

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Jones, Gerald

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Kane, Mike

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Kerevan, George

Kerr, Calum

Khan, rh Sadiq

Kinnock, Stephen

Kyle, Peter

Lammy, rh Mr David

Lavery, Ian

Law, Chris

Leslie, Chris

Lewell-Buck, Mrs Emma

Lewis, Clive

Lewis, Mr Ivan

Long Bailey, Rebecca

Lucas, Caroline

Lucas, Ian C.

Lynch, Holly

MacNeil, Mr Angus Brendan

Mactaggart, rh Fiona

Madders, Justin

Mahmood, Mr Khalid

Mahmood, Shabana

Malhotra, Seema

Marris, Rob

Marsden, Mr Gordon

Maskell, Rachael

Matheson, Christian

Mc Nally, John

McCabe, Steve

McCaig, Callum

McCarthy, Kerry

McDonagh, Siobhain

McDonald, Andy

McDonald, Stewart

McDonald, Stuart C.

McDonnell, John

McFadden, rh Mr Pat

McGarry, Natalie

McGinn, Conor

McGovern, Alison

McInnes, Liz

McLaughlin, Anne

Meacher, rh Mr Michael

Meale, Sir Alan

Mearns, Ian

Miliband, rh Edward

Monaghan, Carol

Monaghan, Dr Paul

Moon, Mrs Madeleine

Morden, Jessica

Morris, Grahame M.

Mullin, Roger

Murray, Ian

Newlands, Gavin

Nicolson, John

O'Hara, Brendan

Onn, Melanie

Onwurah, Chi

Osamor, Kate

Oswald, Kirsten

Owen, Albert

Paterson, Steven

Pearce, Teresa

Pennycook, Matthew

Perkins, Toby

Phillips, Jess

Phillipson, Bridget

Pound, Stephen

Powell, Lucy

Pugh, John

Qureshi, Yasmin

Rayner, Angela

Reed, Mr Jamie

Reed, Mr Steve

Rees, Christina

Rimmer, Marie

Ritchie, Ms Margaret

Robertson, Angus

Robinson, Mr Geoffrey

Rotheram, Steve

Ryan, rh Joan

Salmond, rh Alex

Saville Roberts, Liz

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheppard, Tommy

Sherriff, Paula

Shuker, Mr Gavin

Siddiq, Tulip

Skinner, Mr Dennis

Slaughter, Andy

Smeeth, Ruth

Smith, rh Mr Andrew

Smith, Angela

Smith, Cat

Smith, Jeff

Smith, Nick

Smyth, Karin

Starmer, Keir

Stephens, Chris

Stevens, Jo

Streeting, Wes

Stringer, Graham

Tami, Mark

Thewliss, Alison

Thomas-Symonds, Nick

Thompson, Owen

Thomson, Michelle

Thornberry, Emily

Timms, rh Stephen

Trickett, Jon

Turley, Anna

Twigg, Derek

Twigg, Stephen

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Watson, Mr Tom

Weir, Mike

West, Catherine

Whiteford, Dr Eilidh

Whitehead, Dr Alan

Whitford, Dr Philippa

Williams, Mr Mark

Wilson, Corri

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wishart, Pete

Woodcock, John

Wright, Mr Iain

Zeichner, Daniel

Tellers for the Ayes:

Nic Dakin

and

Karl Turner

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Allan, Lucy

Allen, Heidi

Andrew, Stuart

Ansell, Caroline

Argar, Edward

Atkins, Victoria

Bacon, Mr Richard

Baker, Mr Steve

Baldwin, Harriett

Barclay, Stephen

Baron, Mr John

Barwell, Gavin

Bebb, Guto

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Berry, James

Bingham, Andrew

Blackman, Bob

Blackwood, Nicola

Blunt, Crispin

Boles, Nick

Bone, Mr Peter

Borwick, Victoria

Bradley, Karen

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, rh James

Bruce, Fiona

Buckland, Robert

Burns, Conor

Burns, rh Sir Simon

Burrowes, Mr David

Burt, rh Alistair

Cairns, Alun

Carmichael, Neil

Cartlidge, James

Caulfield, Maria

Chalk, Alex

Chishti, Rehman

Chope, Mr Christopher

Churchill, Jo

Clark, rh Greg

Clarke, rh Mr Kenneth

Cleverly, James

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Costa, Alberto

Cox, Mr Geoffrey

Crabb, rh Stephen

Crouch, Tracey

Davies, Byron

Davies, Chris

Davies, David T. C.

Davies, Glyn

Davies, James

Davies, Mims

Davies, Philip

Davis, rh Mr David

Dinenage, Caroline

Djanogly, Mr Jonathan

Dodds, rh Mr Nigel

Donelan, Michelle

Double, Steve

Dowden, Oliver

Doyle-Price, Jackie

Drax, Richard

Drummond, Mrs Flick

Duddridge, James

Duncan, rh Sir Alan

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Mr Nigel

Evennett, rh Mr David

Fallon, rh Michael

Fernandes, Suella

Field, rh Mark

Foster, Kevin

Fox, rh Dr Liam

Francois, rh Mr Mark

Frazer, Lucy

Freeman, George

Freer, Mike

Fuller, Richard

Fysh, Marcus

Gale, Sir Roger

Garnier, rh Sir Edward

Garnier, Mark

Gauke, Mr David

Ghani, Nusrat

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glen, John

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, Chris

Green, rh Damian

Greening, rh Justine

Grieve, rh Mr Dominic

Gummer, Ben

Gyimah, Mr Sam

Halfon, rh Robert

Hall, Luke

Hammond, Stephen

Hancock, rh Matthew

Hands, rh Greg

Harper, rh Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Sir Oliver

Heappey, James

Heaton-Harris, Chris

Heaton-Jones, Peter

Henderson, Gordon

Herbert, rh Nick

Hinds, Damian

Hoare, Simon

Hollinrake, Kevin

Hollobone, Mr Philip

Holloway, Mr Adam

Hopkins, Kris

Howell, John

Howlett, Ben

Huddleston, Nigel

Hunt, rh Mr Jeremy

Hurd, Mr Nick

Javid, rh Sajid

Jayawardena, Mr Ranil

Jenkin, Mr Bernard

Jenkyns, Andrea

Jenrick, Robert

Johnson, Boris

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kennedy, Seema

Kinahan, Danny

Kirby, Simon

Knight, rh Sir Greg

Knight, Julian

Kwarteng, Kwasi

Lancaster, Mark

Latham, Pauline

Leadsom, Andrea

Lee, Dr Phillip

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, rh Dr Julian

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lilley, rh Mr Peter

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Mackinlay, Craig

Mackintosh, David

Main, Mrs Anne

Mak, Alan

Malthouse, Kit

Mann, Scott

Mathias, Dr Tania

Maynard, Paul

McCartney, Jason

McCartney, Karl

McLoughlin, rh Mr Patrick

McPartland, Stephen

Menzies, Mark

Mercer, Johnny

Merriman, Huw

Milling, Amanda

Mills, Nigel

Milton, rh Anne

Mitchell, rh Mr Andrew

Morris, Anne Marie

Morris, David

Morris, James

Morton, Wendy

Mowat, David

Mundell, rh David

Murray, Mrs Sheryll

Murrison, Dr Andrew

Neill, Robert

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

Offord, Dr Matthew

Opperman, Guy

Parish, Neil

Patel, rh Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penrose, John

Percy, Andrew

Perry, Claire

Phillips, Stephen

Philp, Chris

Pincher, Christopher

Poulter, Dr Daniel

Pow, Rebecca

Prentis, Victoria

Prisk, Mr Mark

Pritchard, Mark

Pursglove, Tom

Quin, Jeremy

Quince, Will

Raab, Mr Dominic

Redwood, rh John

Rees-Mogg, Mr Jacob

Robertson, Mr Laurence

Robinson, Mary

Rosindell, Andrew

Rutley, David

Sandbach, Antoinette

Scully, Paul

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Simpson, rh Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Royston

Soames, rh Sir Nicholas

Solloway, Amanda

Soubry, rh Anna

Spelman, rh Mrs Caroline

Spencer, Mark

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Stewart, Iain

Streeter, Mr Gary

Stride, Mel

Stuart, Graham

Sturdy, Julian

Sunak, Rishi

Swayne, rh Mr Desmond

Swire, rh Mr Hugo

Syms, Mr Robert

Thomas, Derek

Throup, Maggie

Timpson, Edward

Tolhurst, Kelly

Tomlinson, Justin

Tomlinson, Michael

Tracey, Craig

Trevelyan, Mrs Anne-Marie

Truss, rh Elizabeth

Tugendhat, Tom

Turner, Mr Andrew

Tyrie, rh Mr Andrew

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Warburton, David

Warman, Matt

Watkinson, Dame Angela

Wharton, James

Whately, Helen

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, rh Mr John

Wiggin, Bill

Williams, Craig

Williamson, rh Gavin

Wilson, Mr Rob

Wollaston, Dr Sarah

Wood, Mike

Wragg, William

Wright, rh Jeremy

Zahawi, Nadhim

Tellers for the Noes:

Margot James

and

George Hollingbery

Question accordingly negatived.

15 Jun 2015 : Column 121

15 Jun 2015 : Column 122

15 Jun 2015 : Column 123

15 Jun 2015 : Column 124

15 Jun 2015 : Column 125

Clause 5, as amended, ordered to stand part of the Bill.

Clause 6

Electoral registration: the digital service

Amendments made: 102, page 6, leave out lines 38 to 40 and insert

“is exercisable by the Scottish Ministers concurrently with the Secretary of State for the purposes of making provision about the use, in relation to elections in Scotland, of any digital service provided by a Minister of the Crown for the registration of electors.”

This amendment ensures that the regulation-making power of the Scottish Ministers refers to the amended reservation of the Digital Service (see amendment 92).

Amendment 103, page 6, line 41, leave out from “(9)” to end of line 7 on page 7 and insert “‘elections in Scotland’ means—”.

Due to amendment 102, definitions of the “digital service” and “use of the digital service” are no longer required.

Amendment 104, page 7, line 21, leave out “the digital service” and insert

“a digital service provided by a Minister of the Crown for the registration of electors”.

This amendment ensures that the provision refers to the amended reservation of the Digital Service (see amendment 92).

Amendment 105, page 7, leave out lines 34 to 36 —(Stephen Barclay.)

Due to amendment 104, definitions of the “digital service” and “election in Scotland” are no longer

required

.

Clause 6, as amended, ordered to stand part of the Bill.

Clauses 7 and 8 ordered to stand part of the Bill.

Clause 9

Minor and consequential amendments: elections etc

Amendments made: 106, in clause 9, page 11 , line 4, at end insert—

“( ) Omit sections 92(4A), 104(3) and 112(6) and paragraph 11(4) of Schedule 4 (functions under section 15 to be regarded as exercisable within devolved competence).”

This amendment repeals the subsections inserted into the Scotland Act 1998 by section 13 of the Scotland Act 2012. Clause 11 brings the function of making an Order in Council under sections 15(1) and (2) of the 1998 Act within devolved competence and these subsections are therefore no longer required.

Amendment 107, page 11, line 7, leave out “and 2” and insert “, 2 and 13”—(Stephen Barclay.)

This amendment repeals section 13 of the Scotland Act 2012. Amendment 106 repeals the amendments section 13 made to the Scotland Act 1998 and therefore this section is no longer

required

.

Clause 9, as amended, ordered to stand part of the Bill.

Clause 10

Super-majority requirement for certain legislation

Joanna Cherry: I beg to move amendment 62, page 11, line 19, leave out

“the decision whether to pass or reject it”

15 Jun 2015 : Column 126

and insert

“the motion that the Bill be passed is debated”.

Amendments 62 to 66 to Clause 10 aim to clarify matters around references to the Supreme Court, in particular where the Scottish Parliament resolve to reconsider the Bill.

The Chairman of Ways and Means (Mr Lindsay Hoyle): With this it will be convenient to discuss the following:

Amendment 21, page 11, line 27, at end add—

“(aa) the period between general elections specified in section 2(2)”.

Amendment 22, page 11, line 30, at end add—

“(ba) the alteration of boundaries of constituencies, regions, or any equivalent electoral area”.

Amendment 63, page 11, line 39, after “unless”, insert

“it is passed without division, or”.

Amendment 64, page 12, line 18, at end insert—

“(2A) He shall not make a reference by virtue of paragraph (a) of subsection (2) if the Parliament resolves that it wishes to reconsider the Bill.

(2B) He shall not make a reference by virtue of paragraph (b) of subsection (2) if—

(a) the Bill was passed without a division, or

(b) the Bill was passed on a division and the number of members voting in favour of it was at least two thirds of the total number of seats for members of the Parliament.”

This amendment establishes that a Bill passed by consensus in the Scottish Parliament (i.e. without a division) automatically meets the super-majority requirement and ensures that a Presiding Officer’s statement is not required if the super-majority requirements are not triggered.

Amendment 65, page 12, line 23, at end insert—

“(3A) Subsection (3B) applies where—

(a) a reference has been made in relation to a Bill under this section, and

(b) the reference has not been decided or otherwise disposed of.

(3B) If the Parliament resolves that it wishes to reconsider the Bill—

(a) the Presiding Officer shall notify the Advocate General, the Lord Advocate and the Attorney General of that fact, and

(b) the person who made the reference in relation to the Bill shall request the withdrawal of the reference.”

Amendment 66, page 12, line 27, leave out subsections (11) and (12) and insert—

“(10A) In subsection (4) after paragraph (a) insert—

“(aa) where section 32A(2)(b) applies—

(i) the Supreme Court decides that the Bill or any provision of the Bill relates to a protected subject matter, or

(ii) a reference has been made in relation to the Bill under section 32A and the Parliament subsequently resolves that it wishes to reconsider the Bill.”

(10B) After that subsection insert—

“(4A) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its rejection if (and only if), where section 32A(2)(a) applies—

(a) the Supreme Court decides that the Bill or any provision of the Bill does not relate to a protected subject matter, or

(b) the Parliament resolves that it wishes to reconsider the Bill.””

Clause 10 stand part.

15 Jun 2015 : Column 127

Amendment 67, in clause 11, page 13, line 4, at end insert—

“(1A) In paragraph 1 of Schedule 4 (protection of Scotland Act 1998 from modification), delete ‘(2)(f) the Human Rights Act 1998’”

This amendment would remove the Human Rights Act 1998 from the list of protected provisions in Schedule 4 of the Scotland Act 1998.

Amendment 68, page 13, line 10, paragraph (a)(ii), leave out “(3)” and insert “(2B)”.

Amendments 68 to 88 to Clause 11 would grant the Scottish Parliament powers to make decisions about all matters relating to the arrangements and operations of the Scottish Parliament and Scottish Government as agreed in the Smith Commission.

Amendment 69, page 13, line 11, paragraph (a)(iii), leave out “11” and insert “12”.

Amendment 70, page 13, line 12, paragraph (a)(iv), leave out from “section” to the end and insert “sections 13 to 27,”.

Amendment 71, page 13, line 13, paragraph (a)(v), leave out from “(v)” to the end and insert “section 28(1) to (6),”.

Amendment 72, page 13, line 14, paragraph (a)(vi), leave out from “(vi)” to the end and insert “sections 29(2)(e)”.

Amendment 73, page 13, line 15, paragraph (a)(vii), leave out “27(1) and (2)” and insert “31”.

Amendment 74, page 13, line 16, paragraph (a)(viii), leave out “28(5)” and insert “32(1) to (3),”.

Amendment 75, page 13, line 17, paragraph (a)(ix), leave out “(1)(a) and (b) and (2) and (3)”.

Amendment 76, page 13, line 18, paragraph (a)(x), leave out “39” and insert “38”.

Amendment 77, page 13, line 21, paragraph (b)(i), leave out “44(1B)(a) and (b), and (2)” and insert “44(1C), (2) and (4),”.

Amendment 78, page 13, line 22, paragraph (b)(ii), leave out “(3) to (7)” and insert “to 50”.

Amendment 79, page 13, line 23, paragraph (b)(iii), leave out “46(1) to (3)” and insert “51(1), (2) and (5) to (8)”.

Amendment 80, page 13, line 24, paragraph (b)(iv), leave out “47(3)(b) to (e)” and insert “52”.

Amendment 81, page 13, line 25, paragraph (b)(v), leave out “48(2) to (4)” and insert “59”.

Amendment 82, page 13, line 26, paragraph (b)(vi), leave out “49(2) and (4)(b) to (e)” and insert “61”.

Amendment 83, page 13, line 27, leave out paragraph (b)(vii).

Amendment 84, page 13, line 28, paragraph (c), leave out “(3)”.

Amendment 85, page 13, line 29, paragraph (d), leave out from “general,” to the end of the paragraph, and insert—

“(i) sections 81 to 85,

(ii) sections 91 to 95, and

(iii) section 97,”.

Amendment 86, page 13, line 31, paragraph (e), leave out from “supplementary,” to the end of the paragraph in line 37, and insert—

“(i) sections 112, 113 and 115, and Schedule 7 (insofar as those sections and that Schedule apply to any power in this Act of the Scottish Ministers to make subordinate legislation),

15 Jun 2015 : Column 128

(ii) sections 118, 120 and 121,

(iii) section 124 (insofar as that section applies to any power in this Act of the Scottish Ministers to make subordinate legislation),

(iv) section 126(1) and (6) to (8), and

(v) section 127,”.

Government amendments 108 to 110.

Amendment 87, page 13, line 39, paragraph (g), leave out “6” and insert “7”.

Amendment 88, page 13, line 41, paragraph (h), leave out

“paragraphs 1 to 6 of”.

Clause stand part.

Joanna Cherry: I rise to speak in favour of amendments 62 and 67. Amendment 67 would introduce to clause 11 a subsection that would remove the Human Rights Act from the list of protected provisions in schedule 4 to the Scotland Act 1998.

In the debate on the Gracious Speech, the Home Secretary confirmed that a Bill will be brought forward during this Parliament to introduce a Bill of Rights and to repeal the Human Rights Act. The Scottish National party has consistently opposed repeal of the Human Rights Act. We won the election in Scotland and therefore there is no mandate from the Scottish people for repeal of the Act. None the less, the Secretary of State for Scotland has confirmed, albeit on Radio Scotland, that repeal of the Human Rights Act will apply equally in Scotland as in England. At present, the Human Rights Act is listed as a protected provision in schedule 4 to the Scotland Act, which means that the Scottish Parliament cannot modify the Human Rights Act. Amendment 67 would change that.

The UK Government have not been clear on how potential changes to the United Kingdom’s relationship with the European convention on human rights and the abolition of the Human Rights Act could impact on the place of the ECHR in Scotland’s constitutional settlement. That is important because the ECHR is entrenched in the Scotland Act. For example, section 29(2)(d) provides that a provision that is incompatible with the ECHR is outwith the legislative competence of the Scottish Parliament, and section 57(2) provides that a member of the Scottish Government has no power to make any subordinate legislation or to do any act in so far as that would be incompatible with the ECHR.

Neither of those sections would be changed by simple repeal of the Human Rights Act alone. It is clear, therefore, that human rights are not specifically a reserved matter; they are partially devolved. Scottish National party Members therefore argue that any repeal of the Human Rights Act without first consulting the Scottish Parliament would violate the Sewel convention, whereby the Westminster Government will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.

Matters are further complicated by the fact that the Smith commission and the draft clauses proposed putting the Sewel convention on a legislative footing. There is therefore the prospect of a very real clash between the United Kingdom Government commitment to revise and reduce the role of the ECHR in United Kingdom law and their commitment to the Scottish electorate to implement the vow. There is a real possibility of a clash between the Scottish and Westminster Parliaments.

15 Jun 2015 : Column 129

It is worth pausing to look at the realities of human rights in the United Kingdom and why they matter. As I said in my maiden speech, the United Kingdom in fact loses very few of the cases brought against it in Strasbourg. The United Kingdom once had a proud tradition of leading in Europe on human rights. It was elected to membership of the United Nations Human Rights Council in 2014 on a prospectus claiming that it was

“a passionate, committed and effective defender of human rights”.

Repealing the Human Rights Act would not really live up to that claim and would send out all the wrong signals. The right hon. and learned Member for Beaconsfield (Mr Grieve) said in 2014 that the proposal to repeal the Human Rights Act represented a

“failure of ambition…on the global promotion of human rights”.

Human rights matter to ordinary people in this country. Those who have benefited from the Human Rights Act include victims of domestic violence, who have been able to get better protection, and victims of rape, who have used the Act to ensure that the police properly investigate offences. Lesbian, gay, bisexual, transgender and intersex people have used human rights to overcome discrimination in this country. The families of military personnel killed on active service because the Ministry of Defence supplied them with outdated equipment have also benefited under the Human Rights Act. These rights are very real for ordinary United Kingdom citizens.

In Scotland, we have a national action plan for human rights, which has been co-produced in partnership with wider civil society. We have a United Nations- accredited Scottish Human Rights Commission, which is internationally acknowledged as one of the world’s best. As I said in my maiden speech, our commitment to human rights in Scotland extends not just to the ECHR, but beyond that to social and economic rights. Through our work on social justice and challenges such as that on fair work, we are intent on ensuring that people in Scotland can enjoy their economic, social and cultural human rights. Scotland is also a world leader in its work to give full effect to the rights of children. We are very proud of that record in Scotland and we wish to protect it—hence amendment 67.

As I have said, the amendment would have the effect of removing the Human Rights Act from the list of enactments that cannot be modified by the Scottish Parliament. If the Scottish Parliament was able to modify the Human Rights Act, that would allow the Scottish Government and the Scottish Parliament to establish a human rights regime in Scotland regardless of whether the Act was repealed by the UK Parliament.

I hasten to add that, as our First Minister has said, the SNP is committed to opposing the repeal of the Human Rights Act for the whole of the UK, not just for Scotland. However, in the unfortunate event that it is repealed for the whole of the UK, amendment 67 would enable us to do something about it, at least in Scotland. That position has the overwhelming support of the Scottish electorate, as evidenced by the 56 out of 59 MPs sitting beside and behind me.

Mr Alistair Carmichael: I will not detain the Committee because time is pressing.

I tabled amendments 21 and 22, which were authored by the Law Society of Scotland. The two issues that they deal with are fairly short in their compass and I do

15 Jun 2015 : Column 130

not intend to press them to a Division. However, I will be interested to hear the Minister’s response to them and to have it on the record.

Amendment 21 would include the parliamentary term of the Scottish Parliament within the provisions that can be altered only by way of a super-majority. Under amendment 22, the same would be true of boundaries. It is the wish of the Law Society of Scotland that it should not be possible to influence those matters by a simple majority merely for political advantage.

9.30 pm

The more substantive amendment is amendment 62, which was moved by the hon. and learned Member for Edinburgh South West (Joanna Cherry). There was virtually nothing in her speech with which I disagreed on the role of the Human Rights Act 1998 in Scotland and the integral nature of it to the constitutional furniture that created and maintains the Scottish Parliament. It is a matter of significant importance.

I say to the Government that the way to avoid the difficulties that they will create in respect of the Scottish Parliament and the Northern Ireland Assembly by going ahead with the abolition of the Human Rights Act in the rest of the United Kingdom is simply not to do it in the first place. They risk creating a constitutional mess and leaving a situation in which in one United Kingdom there are different standards of human rights, different practices and different bodies of jurisprudence. I see no advantage to the people of Scotland or the people of the rest of the United Kingdom of meddling in that way. I hope that the Government will listen to the wise words of the hon. and learned Lady.

The Deputy Leader of the House of Commons (Dr Thérèse Coffey): I thank the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the right hon. Member for Orkney and Shetland (Mr Carmichael) for their contributions. A number of significant points have been raised and, in responding to them, I will set out the Government’s approach.

I will start by speaking to a number of minor and technical Government amendments. Government amendments 108 to 110 will give Scottish Ministers the power to modify additional sections of the Scotland Act 1998 within their devolved competence and will clarify the extent to which those and other sections can be modified.

Amendment 108 will allow the Scottish Parliament to modify subsections (1) and (3) to (5) of section 112 of the 1998 Act to the extent that they apply to any power exercisable within devolved competence to make subordinate legislation. Amendment 109 will ensure that the Scottish Parliament can modify subsections (1) and (3) to (5) of section 112, section 113, section 115 and schedule 7 to the 1998 Act so far as those provisions apply to making subordinate legislation, including Orders in Council made by Her Majesty in areas of devolved competence. Amendment 110 will give the Scottish Parliament the power to modify section 124 of the 1998 Act, in so far as it applies to making subordinate legislation in areas of devolved competence. Those amendments will ensure that the Scottish Parliament can modify how the relevant sections apply to subordinate legislation made by Scottish Ministers and to Orders in Council made by Her Majesty that fall within devolved competence.

15 Jun 2015 : Column 131

Amendments 62 to 66 and amendments 21 and 22 seek to amend clause 10, which fulfils the Smith commission agreement to require certain types of electoral legislation to be passed by a two-thirds majority of the Scottish Parliament. I thank the hon. and learned Lady and the right hon. Gentleman for those amendments. The Government believe that our approach to clause 10 delivers on paragraph 27 of the Smith commission agreement, which identified that there are certain types of electoral legislation on which a broad consensus is important. The commission agreed that such a procedure should apply to legislation that changes the franchise, the electoral system or the number of constituencies and regional Members of the Scottish Parliament.

Although the Government will reflect on the points that were made, we do not support those amendments, because we believe that at least two thirds of the Members of the Scottish Parliament should vote in favour of legislation that comes under clause 10 at the final stage. We recognise that that means there will have to be a vote, rather than a Bill passed by consensus, but we believe that the clause implements the intention behind the Smith commission agreement. As the Smith commission recognised, the super-majority requirement is an important safeguard of legislative powers. It is for this reason that I urge hon. Members not to press the amendments.

Amendments 21 and 22, in the name of the right hon. Gentleman, go beyond the Smith commission agreement, which did not propose that legislation relating to the term length of the Scottish Parliament, or the date of any Scottish Parliament ordinary general election, should be subject to that two thirds majority; neither did the agreement state that the Bills concerning the alteration of boundaries of constituencies, regions or any other equivalent electoral area for the Scottish Parliament should be covered by this requirement. For that reason, I ask the right hon. Gentleman not to press his amendments.

Mr Alistair Carmichael: In principle, why would the parliamentary term length be different from the other functions the Minister listed?

Dr Coffey: To be clear, that is what was agreed in the Smith commission. The right hon. Gentleman’s party agreed to it and we are not planning to go beyond the Smith commission on this particular arrangement.

Ian Murray: I did not want the moment to pass without congratulating the hon. Lady on her first time at the Dispatch Box and saying that we are delighted to see her.

Dr Coffey: Well, that is very sweet. The hon. Gentleman and I, in our very first summer here together as Members of Parliament, had the joy of going to the United States of America to participate in the British-American parliamentary group. We have been firm friends since. [Hon. Members: “Ooh!”] Exactly—what goes on in Vegas, stays in Vegas.

Clause 10 implements paragraph 27 of the Smith commission agreement, which identified that it is important to have an adequate check on certain types of Scottish Parliament electoral legislation. The Smith commission recommended that UK legislation should provide that

15 Jun 2015 : Column 132

such legislation is passed by a two-thirds majority of the Scottish Parliament. The Government agree that this provides an important safeguard. It is possible, of course, that there may be discussions on whether a particular Bill is in fact this type of legislation.

Clause 10 also allows the Advocate General, the Lord Advocate or the Attorney General to refer to the Supreme Court the question of whether a certain piece of legislation requires a two-thirds majority of the Scottish Parliament. The Supreme Court already provides a similar role on whether a particular matter is within the legislative competence of the Scottish Parliament, so I will move that clause 10 stand part of the Bill.

Amendments 67 to 88 concern clause 11, which delivers on the Smith commission recommendation to give the Scottish Parliament greater powers in relation to the arrangements and operation of the Scottish Parliament and the Scottish Government. It does this by enabling the Scottish Parliament to modify relevant sections of the Scotland Act 1998. I am sure that the Secretary of State will wish to reflect on this to ensure that the agreed powers work correctly, but the Government are clear that the substantial new powers devolved under clause 11 are the right ones.

A number of the amendments to clause 11 would allow further modification of the 1998 Act beyond the scope of the transfer of powers envisaged by the Smith commission. The Bill already transfers substantial powers to modify the Act, consistent with the commission, and the Government do not believe it is right to go beyond that.

The hon. and learned Member for Edinburgh South West referred in particular to amendment 67. Indeed, the right hon. Member for Orkney and Shetland said that this matter should be consistent across the UK, reinforcing that this is a reserved for the UK Parliament and not a devolved matter. The hon. and learned Lady said that the UK Government had not been clear on some aspects of this matter. I believe that the Prime Minister has been clear at this Dispatch Box. Amendment 67 would amend the Bill such that paragraph 1 of schedule 4 to the 1998 Act would be modified to remove the Human Rights Act 1998 from the list of legislation the Scottish Parliament cannot modify, otherwise known as the “protected enactments”.

The Committee will be aware that the Government outlined their proposal to reform and modernise our human rights framework by replacing the Human Rights Act with a Bill of Rights. That was reinforced today by my right hon. Friend the Prime Minister at the celebration of the 800th anniversary of Magna Carta. Of course, we are aware of the possible devolution implications of reform and we can engage with the devolved Administrations as we develop the proposals. As the Secretary of State said, the Sewel convention, as intended by Lord Sewel, has been placed in the Bill, but this Parliament remains sovereign. The Government are certainly committed to human rights and, as I indicated earlier, we will consider the devolution implications.

Pete Wishart: That is just not good enough. These are fundamental and profound issues for the Scottish Parliament. We are dependent on the Human Rights Act for the competence of the Parliament. Will the Minister vow to go forward, make sure this is looked at properly, and come back with a more suitable and substantial response?

15 Jun 2015 : Column 133

Dr Coffey: The hon. Gentleman is right that these are important matters, and I can assure him that my right hon. Friend the Secretary of State is engaging with the devolved Administration as we develop the proposals. It has to be said, however, that the amendment is squarely outwith the Smith commission agreement, which contained no proposals in this respect. The hon. and learned Member for Edinburgh South West herself said it was not directly a matter for the Scottish Parliament.

Clause 11 contains important provisions that transfer substantial new powers to ensure that the Scottish Parliament has a greater role and greater powers to make decisions about the operation and administration of itself and the Scottish Government. By doing so, the clause delivers a critical element of the Smith commission package. Among other matters, the clause transfers greater powers to the Scottish Parliament over its membership and proceedings and over the composition and powers of the Scottish Government. I hope that the Committee will agree to the clause.

Joanna Cherry: We are also grateful to see the hon. Lady in her place, and she is always welcome to make a contribution to Scottish debates, but I regret that her contribution today does not give us the comfort we seek on the protection of human rights in Scotland. We do not wish to press our amendment to a vote tonight, but we reserve the right to return to these matters later in the Bill’s proceedings. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 10 ordered to stand part of the Bill.

Clause 11

Scope to modify the Scotland Act 1998

Amendments made: 108, page 13, line 32, before “section” insert

“section 112(1) and (3) to (5),”.

This amendment would allow the Scottish Parliament to modify subsections (1) and (3) to (5) of section 112 of the Scotland Act 1998 to the extent that those subsections apply to any power exercisable within devolved competence to make subordinate legislation.

Amendment 109, page 13, line 34, leave out from “power” to end of line 36 and insert

“exercisable within devolved competence to make subordinate legislation),”.

This amendment would allow the Scottish Parliament to modify the sections of the Scotland Act 1998 to be listed at sub-paragraph 4(2)(e)(i) of Schedule 4 so far as those sections apply to any powers exercisable within devolved competence to make subordinate legislation (including Orders in Council).

Amendment 110, page 13, line 37, at end insert

“, and

(iii) section 124 (so far as that section applies to any power exercisable within devolved competence to make subordinate legislation),”—(Stephen Barclay.)

This amendment would allow the Scottish Parliament to modify section 124 of the Scotland Act 1998 to the extent that the section applies to any power exercisable within devolved competence to make subordinate legislation.

Amendment proposed: 89, page 13, line 42, at end insert—

‘(2A) In paragraph 4 of Schedule 4 (protection of Scotland Act 1998 from modification), insert new sub-paragraph—

15 Jun 2015 : Column 134

“(5A) This paragraph does not apply to amendments to Schedule 5, Part II, Head A, Section A1 insofar as they relate to:

(a) taxes and excise in Scotland,

(b) government borrowing and lending in Scotland, and

(c) control over public expenditure in Scotland.” —(Joanna Cherry.)

This amendment would enable the Scottish Parliament to amend the Scotland Act 1998 to remove the reservation on taxation, borrowing and public expenditure in Scotland, with the effect that the Scottish Parliament could then legislate in these areas to provide for full fiscal autonomy in Scotland.

Question put, That the amendment be made.

The

Committee

divided:

Ayes 60, Noes 309.

Division No. 10]

[

9.42 pm

AYES

Ahmed-Sheikh, Ms Tasmina

Arkless, Richard

Bardell, Hannah

Black, Ms Mhairi

Blackford, Ian

Blackman, Kirsty

Boswell, Philip

Brock, Deidre

Brown, Alan

Cameron, Dr Lisa

Chapman, Douglas

Cherry, Joanna

Cowan, Ronnie

Crawley, Angela

Day, Martyn

Docherty, Martin John

Donaldson, Stuart Blair

Durkan, Mark

Fellows, Marion

Ferrier, Margaret

Gethins, Stephen

Gibson, Patricia

Grady, Patrick

Grant, Peter

Gray, Neil

Hendry, Drew

Hosie, Stewart

Kerevan, George

Kerr, Calum

Law, Chris

MacNeil, Mr Angus Brendan

Mc Nally, John

McCaig, Callum

McDonald, Stewart

McDonald, Stuart C.

McDonnell, John

McGarry, Natalie

McLaughlin, Anne

Monaghan, Carol

Monaghan, Dr Paul

Mullin, Roger

Newlands, Gavin

Nicolson, John

O'Hara, Brendan

Oswald, Kirsten

Paterson, Steven

Ritchie, Ms Margaret

Robertson, Angus

Salmond, rh Alex

Sheppard, Tommy

Skinner, Mr Dennis

Stephens, Chris

Thewliss, Alison

Thompson, Owen

Thomson, Michelle

Weir, Mike

Whiteford, Dr Eilidh

Whitford, Dr Philippa

Wilson, Corri

Wishart, Pete

Tellers for the Ayes:

Jonathan Edwards

and

Liz Saville Roberts

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Allan, Lucy

Allen, Heidi

Andrew, Stuart

Ansell, Caroline

Argar, Edward

Atkins, Victoria

Bacon, Mr Richard

Baker, Mr Steve

Baldwin, Harriett

Barclay, Stephen

Baron, Mr John

Barwell, Gavin

Bebb, Guto

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Berry, James

Bingham, Andrew

Blackman, Bob

Blackwood, Nicola

Blunt, Crispin

Boles, Nick

Bone, Mr Peter

Borwick, Victoria

Bradley, Karen

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, rh James

Bruce, Fiona

Buckland, Robert

Burns, Conor

Burns, rh Sir Simon

Burrowes, Mr David

Burt, rh Alistair

Cairns, Alun

Carmichael, Neil

Cartlidge, James

Caulfield, Maria

Chalk, Alex

Chishti, Rehman

Chope, Mr Christopher

Churchill, Jo

Clark, rh Greg

Clarke, rh Mr Kenneth

Cleverly, James

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Costa, Alberto

Cox, Mr Geoffrey

Crabb, rh Stephen

Crouch, Tracey

Davies, Byron

Davies, Chris

Davies, David T. C.

Davies, Glyn

Davies, James

Davies, Mims

Davies, Philip

Davis, rh Mr David

Dinenage, Caroline

Djanogly, Mr Jonathan

Dodds, rh Mr Nigel

Donelan, Michelle

Double, Steve

Dowden, Oliver

Doyle-Price, Jackie

Drax, Richard

Drummond, Mrs Flick

Duddridge, James

Duncan, rh Sir Alan

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Mr Nigel

Evennett, rh Mr David

Fallon, rh Michael

Fernandes, Suella

Field, rh Mark

Foster, Kevin

Fox, rh Dr Liam

Francois, rh Mr Mark

Frazer, Lucy

Freeman, George

Freer, Mike

Fuller, Richard

Fysh, Marcus

Gale, Sir Roger

Garnier, rh Sir Edward

Garnier, Mark

Gauke, Mr David

Ghani, Nusrat

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glen, John

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, Chris

Green, rh Damian

Greening, rh Justine

Grieve, rh Mr Dominic

Gummer, Ben

Gyimah, Mr Sam

Halfon, rh Robert

Hall, Luke

Hammond, Stephen

Hancock, rh Matthew

Hands, rh Greg

Harper, rh Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Sir Oliver

Heappey, James

Heaton-Harris, Chris

Heaton-Jones, Peter

Henderson, Gordon

Herbert, rh Nick

Hermon, Lady

Hinds, Damian

Hoare, Simon

Hollingbery, George

Hollinrake, Kevin

Hollobone, Mr Philip

Holloway, Mr Adam

Hopkins, Kris

Howell, John

Howlett, Ben

Huddleston, Nigel

Hunt, rh Mr Jeremy

Hurd, Mr Nick

Jackson, Mr Stewart

Javid, rh Sajid

Jayawardena, Mr Ranil

Jenkin, Mr Bernard

Jenkyns, Andrea

Jenrick, Robert

Johnson, Boris

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kennedy, Seema

Kinahan, Danny

Knight, rh Sir Greg

Knight, Julian

Kwarteng, Kwasi

Lancaster, Mark

Latham, Pauline

Leadsom, Andrea

Lee, Dr Phillip

Lefroy, Jeremy

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, rh Dr Julian

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lilley, rh Mr Peter

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Mackinlay, Craig

Mackintosh, David

Main, Mrs Anne

Mak, Alan

Malthouse, Kit

Mann, Scott

Mathias, Dr Tania

Maynard, Paul

McCartney, Jason

McCartney, Karl

McLoughlin, rh Mr Patrick

McPartland, Stephen

Menzies, Mark

Mercer, Johnny

Merriman, Huw

Metcalfe, Stephen

Milling, Amanda

Mills, Nigel

Milton, rh Anne

Mitchell, rh Mr Andrew

Morris, Anne Marie

Morris, David

Morris, James

Morton, Wendy

Mowat, David

Mundell, rh David

Murray, Mrs Sheryll

Murrison, Dr Andrew

Neill, Robert

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

Offord, Dr Matthew

Opperman, Guy

Paisley, Ian

Parish, Neil

Patel, rh Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penrose, John

Percy, Andrew

Perry, Claire

Phillips, Stephen

Philp, Chris

Pincher, Christopher

Poulter, Dr Daniel

Pow, Rebecca

Prentis, Victoria

Prisk, Mr Mark

Pritchard, Mark

Pursglove, Tom

Quin, Jeremy

Quince, Will

Raab, Mr Dominic

Redwood, rh John

Rees-Mogg, Mr Jacob

Robertson, Mr Laurence

Robinson, Mary

Rosindell, Andrew

Rutley, David

Sandbach, Antoinette

Scully, Paul

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Simpson, rh Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Royston

Soames, rh Sir Nicholas

Solloway, Amanda

Soubry, rh Anna

Spelman, rh Mrs Caroline

Spencer, Mark

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Stewart, Iain

Streeter, Mr Gary

Stride, Mel

Stuart, Graham

Sturdy, Julian

Sunak, Rishi

Swayne, rh Mr Desmond

Swire, rh Mr Hugo

Syms, Mr Robert

Thomas, Derek

Throup, Maggie

Timpson, Edward

Tolhurst, Kelly

Tomlinson, Justin

Tomlinson, Michael

Tracey, Craig

Tredinnick, David

Trevelyan, Mrs Anne-Marie

Truss, rh Elizabeth

Tugendhat, Tom

Turner, Mr Andrew

Tyrie, rh Mr Andrew

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Warburton, David

Warman, Matt

Watkinson, Dame Angela

Wharton, James

Whately, Helen

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, rh Mr John

Wiggin, Bill

Williams, Craig

Williamson, rh Gavin

Wilson, Mr Rob

Wollaston, Dr Sarah

Wood, Mike

Wragg, William

Wright, rh Jeremy

Zahawi, Nadhim

Tellers for the Noes:

Simon Kirby

and

Margot James

Question accordingly negatived.

15 Jun 2015 : Column 135

15 Jun 2015 : Column 136

Clause 11, as amended, ordered to stand part of the Bill.

15 Jun 2015 : Column 137

New Clause 2

Constitutional Convention

‘(1) The Prime Minister shall establish a Constitutional Convention within one month of the day on which this act is passed.

(2) The Chair and Members of the Constitutional Convention shall be appointed in accordance with a process to be laid before, and approved by, resolution in each House of Parliament.

(3) The Chair of the Constitutional Convention is not permitted to be a Member of Parliament or a member of a political party.

(4) Members of the Constitutional must include, but not be limited to, the following—

(a) members of the public, chosen by lot through the jury system, who shall comprise the majority of those participating in the convention;

(b) elected representatives at all levels;

(c) representatives of civil society organisations and, in an advisory role, academia.

(5) The Constitutional Convention shall review and make recommendations in relation to future governance arrangements for the United Kingdom, including but not limited to the following—

(a) the role and voting rights of Members of the House of Commons;

(b) democratic reform of the House of Lords;

(c) further sub-national devolution within England;

(d) codification of the constitution.

(6) The Constitutional Convention shall engage in widespread consultation across the nations and regions of the UK, and must provide a report to both Houses of Parliament by 31 March 2016.

(7) The Secretary of State must lay before both Houses of Parliament a formal response to each recommendation of the Constitutional Convention within four months of the publication of the final report from the Constitutional Convention.” —(Ian Murray.)

This New Clause provides an outline for a Constitutional Convention selected from the widest possible number of groups in society to analyse and design future governance arrangements for the United Kingdom, and to report by 31 March 2016.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The

Committee

divided:

Ayes 218, Noes 306.

Division No. 11]

[

9.55 pm

AYES

Abrahams, Debbie

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Anderson, Mr David

Ashworth, Jonathan

Austin, Ian

Bailey, Mr Adrian

Barron, rh Kevin

Beckett, rh Margaret

Benn, rh Hilary

Berger, Luciana

Blackman-Woods, Dr Roberta

Blenkinsop, Tom

Blomfield, Paul

Bradshaw, rh Mr Ben

Brake, rh Tom

Brennan, Kevin

Brown, Lyn

Brown, rh Mr Nicholas

Bryant, Chris

Buck, Ms Karen

Burden, Richard

Burgon, Richard

Butler, Dawn

Byrne, rh Liam

Cadbury, Ruth

Campbell, rh Mr Alan

Campbell, Mr Ronnie

Carmichael, rh Mr Alistair

Champion, Sarah

Chapman, Jenny

Coaker, Vernon

Coffey, Ann

Cooper, Julie

Cooper, Rosie

Cooper, rh Yvette

Cox, Jo

Coyle, Neil

Creasy, Stella

Cruddas, Jon

Cryer, John

Cummins, Judith

Cunningham, Alex

Cunningham, Mr Jim

Danczuk, Simon

David, Wayne

Davies, Geraint

Debbonaire, Thangam

Dodds, rh Mr Nigel

Doughty, Stephen

Dowd, Jim

Dowd, Peter

Dromey, Jack

Dugher, Michael

Durkan, Mark

Eagle, Ms Angela

Edwards, Jonathan

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Esterson, Bill

Evans, Chris

Field, rh Frank

Fitzpatrick, Jim

Flello, Robert

Fletcher, Colleen

Flint, rh Caroline

Flynn, Paul

Fovargue, Yvonne

Foxcroft, Vicky

Gapes, Mike

Gardiner, Barry

Glass, Pat

Glindon, Mary

Godsiff, Mr Roger

Goodman, Helen

Green, Kate

Greenwood, Lilian

Greenwood, Margaret

Griffith, Nia

Gwynne, Andrew

Haigh, Louise

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Carolyn

Hayes, Helen

Hayman, Sue

Healey, rh John

Hendrick, Mr Mark

Hepburn, Mr Stephen

Hermon, Lady

Hillier, Meg

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hopkins, Kelvin

Howarth, rh Mr George

Hunt, Tristram

Huq, Dr Rupa

Hussain, Imran

Irranca-Davies, Huw

Jarvis, Dan

Johnson, Diana

Jones, Gerald

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Kane, Mike

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Kinahan, Danny

Kinnock, Stephen

Kyle, Peter

Lammy, rh Mr David

Lavery, Ian

Leslie, Chris

Lewell-Buck, Mrs Emma

Lewis, Clive

Lewis, Mr Ivan

Long Bailey, Rebecca

Lucas, Caroline

Lucas, Ian C.

Lynch, Holly

Mactaggart, rh Fiona

Madders, Justin

Mahmood, Mr Khalid

Mahmood, Shabana

Malhotra, Seema

Mann, John

Marris, Rob

Marsden, Mr Gordon

Maskell, Rachael

Matheson, Christian

McCabe, Steve

McCarthy, Kerry

McDonagh, Siobhain

McDonald, Andy

McDonnell, John

McFadden, rh Mr Pat

McGinn, Conor

McGovern, Alison

McInnes, Liz

Meacher, rh Mr Michael

Meale, Sir Alan

Mearns, Ian

Miliband, rh Edward

Moon, Mrs Madeleine

Morden, Jessica

Morris, Grahame M.

Murray, Ian

Onn, Melanie

Onwurah, Chi

Osamor, Kate

Owen, Albert

Paisley, Ian

Pearce, Teresa

Pennycook, Matthew

Perkins, Toby

Phillips, Jess

Phillipson, Bridget

Pound, Stephen

Powell, Lucy

Pugh, John

Qureshi, Yasmin

Rayner, Angela

Reed, Mr Jamie

Reed, Mr Steve

Rees, Christina

Reynolds, Jonathan

Rimmer, Marie

Ritchie, Ms Margaret

Robinson, Mr Geoffrey

Rotheram, Steve

Ryan, rh Joan

Saville Roberts, Liz

Sharma, Mr Virendra

Sheerman, Mr Barry

Sherriff, Paula

Shuker, Mr Gavin

Siddiq, Tulip

Skinner, Mr Dennis

Slaughter, Andy

Smeeth, Ruth

Smith, rh Mr Andrew

Smith, Angela

Smith, Cat

Smith, Jeff

Smith, Nick

Smyth, Karin

Starmer, Keir

Stevens, Jo

Streeting, Wes

Stringer, Graham

Tami, Mark

Thomas-Symonds, Nick

Thornberry, Emily

Timms, rh Stephen

Trickett, Jon

Turley, Anna

Twigg, Derek

Twigg, Stephen

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Watson, Mr Tom

West, Catherine

Whitehead, Dr Alan

Williams, Mr Mark

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Woodcock, John

Wright, Mr Iain

Zeichner, Daniel

Tellers for the Ayes:

Nic Dakin

and

Karl Turner

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Allan, Lucy

Allen, Heidi

Andrew, Stuart

Ansell, Caroline

Argar, Edward

Atkins, Victoria

Bacon, Mr Richard

Baker, Mr Steve

Baldwin, Harriett

Barclay, Stephen

Baron, Mr John

Barwell, Gavin

Bebb, Guto

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Berry, James

Bingham, Andrew

Blackman, Bob

Blackwood, Nicola

Blunt, Crispin

Boles, Nick

Bone, Mr Peter

Borwick, Victoria

Bradley, Karen

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, rh James

Bruce, Fiona

Buckland, Robert

Burns, Conor

Burns, rh Sir Simon

Burrowes, Mr David

Burt, rh Alistair

Cairns, Alun

Carmichael, Neil

Cartlidge, James

Caulfield, Maria

Chalk, Alex

Chishti, Rehman

Chope, Mr Christopher

Churchill, Jo

Clark, rh Greg

Clarke, rh Mr Kenneth

Cleverly, James

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Costa, Alberto

Cox, Mr Geoffrey

Crabb, rh Stephen

Crouch, Tracey

Davies, Byron

Davies, Chris

Davies, David T. C.

Davies, Glyn

Davies, James

Davies, Mims

Davies, Philip

Davis, rh Mr David

Dinenage, Caroline

Djanogly, Mr Jonathan

Donelan, Michelle

Double, Steve

Dowden, Oliver

Doyle-Price, Jackie

Drax, Richard

Drummond, Mrs Flick

Duddridge, James

Duncan, rh Sir Alan

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Mr Nigel

Evennett, rh Mr David

Fallon, rh Michael

Fernandes, Suella

Field, rh Mark

Foster, Kevin

Fox, rh Dr Liam

Francois, rh Mr Mark

Frazer, Lucy

Freeman, George

Freer, Mike

Fuller, Richard

Fysh, Marcus

Gale, Sir Roger

Garnier, rh Sir Edward

Garnier, Mark

Gauke, Mr David

Ghani, Nusrat

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glen, John

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, Chris

Green, rh Damian

Greening, rh Justine

Grieve, rh Mr Dominic

Gummer, Ben

Gyimah, Mr Sam

Halfon, rh Robert

Hall, Luke

Hammond, Stephen

Hancock, rh Matthew

Hands, rh Greg

Harper, rh Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Sir Oliver

Heappey, James

Heaton-Harris, Chris

Heaton-Jones, Peter

Henderson, Gordon

Herbert, rh Nick

Hinds, Damian

Hoare, Simon

Hollingbery, George

Hollinrake, Kevin

Hollobone, Mr Philip

Holloway, Mr Adam

Hopkins, Kris

Howell, John

Howlett, Ben

Huddleston, Nigel

Hunt, rh Mr Jeremy

Hurd, Mr Nick

Jackson, Mr Stewart

Javid, rh Sajid

Jayawardena, Mr Ranil

Jenkin, Mr Bernard

Jenkyns, Andrea

Jenrick, Robert

Johnson, Boris

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kennedy, Seema

Knight, rh Sir Greg

Knight, Julian

Kwarteng, Kwasi

Lancaster, Mark

Latham, Pauline

Leadsom, Andrea

Lee, Dr Phillip

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, rh Dr Julian

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lilley, rh Mr Peter

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Mackinlay, Craig

Mackintosh, David

Main, Mrs Anne

Mak, Alan

Malthouse, Kit

Mann, Scott

Mathias, Dr Tania

Maynard, Paul

McCartney, Jason

McCartney, Karl

McLoughlin, rh Mr Patrick

McPartland, Stephen

Menzies, Mark

Mercer, Johnny

Merriman, Huw

Metcalfe, Stephen

Milling, Amanda

Mills, Nigel

Milton, rh Anne

Mitchell, rh Mr Andrew

Morris, Anne Marie

Morris, David

Morris, James

Morton, Wendy

Mowat, David

Mundell, rh David

Murray, Mrs Sheryll

Murrison, Dr Andrew

Neill, Robert

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

Offord, Dr Matthew

Opperman, Guy

Parish, Neil

Patel, rh Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penrose, John

Percy, Andrew

Perry, Claire

Phillips, Stephen

Philp, Chris

Pincher, Christopher

Poulter, Dr Daniel

Pow, Rebecca

Prentis, Victoria

Prisk, Mr Mark

Pritchard, Mark

Pursglove, Tom

Quin, Jeremy

Quince, Will

Raab, Mr Dominic

Redwood, rh John

Rees-Mogg, Mr Jacob

Robertson, Mr Laurence

Robinson, Mary

Rosindell, Andrew

Rutley, David

Sandbach, Antoinette

Scully, Paul

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Simpson, rh Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Royston

Soames, rh Sir Nicholas

Solloway, Amanda

Soubry, rh Anna

Spelman, rh Mrs Caroline

Spencer, Mark

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Stewart, Iain

Streeter, Mr Gary

Stride, Mel

Stuart, Graham

Sturdy, Julian

Sunak, Rishi

Swayne, rh Mr Desmond

Swire, rh Mr Hugo

Syms, Mr Robert

Thomas, Derek

Throup, Maggie

Timpson, Edward

Tolhurst, Kelly

Tomlinson, Justin

Tomlinson, Michael

Tracey, Craig

Tredinnick, David

Trevelyan, Mrs Anne-Marie

Truss, rh Elizabeth

Tugendhat, Tom

Turner, Mr Andrew

Tyrie, rh Mr Andrew

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Warburton, David

Warman, Matt

Watkinson, Dame Angela

Wharton, James

Whately, Helen

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, rh Mr John

Wiggin, Bill

Williams, Craig

Williamson, rh Gavin

Wilson, Mr Rob

Wollaston, Dr Sarah

Wood, Mike

Wragg, William

Wright, rh Jeremy

Zahawi, Nadhim

Tellers for the Noes:

Simon Kirby

and

Margot James

Question accordingly negatived.

15 Jun 2015 : Column 138

15 Jun 2015 : Column 139

15 Jun 2015 : Column 140

15 Jun 2015 : Column 141

10.9 pm

Proceedings interrupted (Programme Order, 8 June).

The Chair put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83D).

New Clause 3

Transfer of reserved matters

‘(1) Schedule 5 (which defines reserved matters) to the Scotland Act 1998, has effect with the following modifications.

(2) In Part I (general reservations) omit paragraph 6 (political parties).

(3) Part II (specific reservations) is omitted.

(4) Insert Part IIA (UK pensions liability) as follows—

Part IIA

UK Pensions liability

The consent of the Treasury is required before the enactment of any provision passed by the Scottish Parliament which would affect the liabilities of the National Insurance Fund in respect of old age pensions.”

(5) In Part III (general provisions) the following provisions referring to Part II of the Schedule are omitted—

(a) paragraph 3(2);

(b) paragraph 4(2)(c).”—(Sir Edward Leigh.)

This Amendment would allow the Scottish Parliament to make provision for the registration and funding of political parties, but would otherwise retain the Part I reserved matters covering the constitution, foreign affairs, public service, defence and treason. It would entirely remove the remaining reservations over financial and economic matters, home affairs, trade and industry, energy, transport, social security, regulation of the professions, employment, health