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Lord Sewel moved Amendments Nos. 206L and 206M:
On Question, amendments agreed to.
Clause 111 [Consolidated Fund etc.]:
Lord Sewel moved Amendment No. 206N:
On Question, amendment agreed to.
Clause 116 [Modification of sections 109 to 114]:
Baroness Ramsay of Cartvale moved Amendment No. 206P:
The noble Baroness said: In moving Amendment No. 206P, I shall speak also to Amendment No. 206Q. These are technical amendments which add Clause 89 to the list of general modification clauses which subordinate legislation under the Bill may disapply or modify in particular cases. Clause 89 was overlooked because it does not appear alongside the other general modification clauses, namely Clauses 109 to 114, in the Bill. I will expand on the matter if noble Lords wish me to do so. I beg to move.
On Question, amendment agreed to.
Baroness Ramsay of Cartvale moved Amendment No. 206Q:
On Question, amendment agreed to.
Schedule 4 [Enactments etc. protected from modification]:
Lord Sewel moved Amendment No. 206R:
Page 51, line 37, leave out from ("authority") to ("and") in line 38 and insert ("with mixed functions or no reserved functions,").
Page 52, line 2, leave out from ("authority") to ("and") in line 3 and insert ("with mixed functions or no reserved functions,").
Page 52, line 19, leave out from ("authority") to end of line 20 and insert ("with mixed functions or no reserved functions.").
Page 54, line 5, after ("sections") insert (" 89 and").
Page 54, line 9, after ("sections") insert (" 89 and").
Page 65, leave out lines 8 to 40 and insert--
The noble Lord said: In moving Amendment No. 206R, I shall speak also to government Amendments Nos. 206S to 206W. This is a suite of technical amendments to Schedule 4. I hope to be brief, but I can supply further detail about particular provisions if noble Lords would find that helpful.
As noble Lords will be aware, Schedule 4 sets out restrictions upon the ability of the Scottish parliament to modify the Bill itself, certain other enactments and the law on reserved matters. These amendments clarify both the wording and the format of the schedule. For example, they ensure that, where the schedule prevents an Act of the Scottish parliament from modifying an enactment, it should, except in certain cases, also prevent ministerial functions conferred by that enactment from transferring to the Scottish Ministers.
The amendments ensure that the parliament can legislate about its own protections from judicial proceedings, as has been referred to earlier. The amendments also ensure that the restrictions in the schedule do not unduly limit the competence of the Scottish parliament to legislate about its own subordinate legislation procedure or about the fulfilment of the requirements of Clause 66 on financial control and Clause 87 on maladministration.
Finally, the amendments prevent modification of the powers which UK Ministers share with the Scottish Ministers by virtue of Clause 52 and of certain provisions of social security legislation. That will ensure that the ministerial functions of funding council tax benefit and housing benefit remain with the UK Government rather than being caught by the general devolution of the funding of local authorities and Scottish Homes. I beg to move.
Lord Mackay of Ardbrecknish: My Lords, amendments that spread over four pages of the Marshalled List can hardly be described as technical amendments. Equally, amendments that delete a whole chunk of a schedule and replace it with a lot more words cannot be described as technical. These amendments came into our hands only towards the end of last week and we have not yet had time fully to study them. Their purpose is to make clear on the face of the Bill--to that extent they are welcome--that the Scottish parliament cannot modify either by primary legislation or subordinate legislation a number of provisions. I cannot help noticing that the very first ones are Articles 4 and 6 of the Union with Scotland Act 1706 and the Union with England Act 1707. The fact that the Scottish parliament cannot change important Acts that brought about the United Kingdom is some progress. I understand that the Social Security Administration Act that the Minister has discussed and this Bill when it becomes an Act cannot be changed. I also note that judicial salaries cannot be changed. That does not surprise me given the difficulty that the Government had with the judges this afternoon.
However, my heart lightened somewhat when I reached paragraph 13. That does not prevent an Act of a Scottish parliament to amend any of the titles there
I note the absence of the noble Lord, Lord Steel of Aikwood, who I believe has more important duties today than participation in the Scotland Bill. He is taking part in a car rally throughout Africa, which some people in Scotland may find hard to believe is more important than the Scotland Bill. I did not believe that the Liberal Democrats thought that there was anything more important than this Bill.
To show that I have read it I make these observations. We shall study the detail with some care before next Monday. However, in so far as it prevents the Scottish parliament doing certain things that may bring about the end of the Union we probably agree with the Government.
Before I conclude, I commiserate with the Minister on having to withdraw from the battle to secure a first-past-the-post seat in the Scottish parliament. Perhaps we should table an amendment to ensure that he gains a top position in the top-up list in recognition of the sterling work that he has done on this Bill.
Lord Sewel: My Lords, I should correct the noble Lord on a point of fact. He said that the Government had had trouble with the judges earlier this evening. It was not so much the judges who caused trouble as our old friends the hereditary Peers. We won the Division with the life Peers.
On Question, amendment agreed to.
Lord Sewel moved Amendments Nos.206S to 206W:
Page 66, line 2, at end insert--
("and in this sub-paragraph "Act of Parliament" does not include this Act").
Page 66, leave out lines 13 to 17.
Page 66, leave out line 20 and insert ("Paragraph 2 does not apply to").
Page 66, line 22, after ("by") insert ("virtue of").
Page 66, line 31, leave out from beginning to end of line 27 on page 67 and insert--
("8.--(1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act.
(2) This paragraph does not apply to modifying sections 1(4), 16(5), 20(6), 22(7), 23(9), 27(5), (Proceedings by or against the Parliament etc.) to 39, (Validity of acts of Scottish Ministers etc.), 81 and (Agency arrangements) and paragraphs 4(1), (2) and (2A) and 6(1) of Schedule 2.
(3) This paragraph does not apply to modifying any provision of this Act (other than sections 60(7), 62(2), 67(5), 73, 74 and 111) which--
(a) charges any sum on the Scottish Consolidated Fund,
(b) requires any sum to be paid out of that Fund without further approval, or
(c) requires or authorises the payment of any sum into that Fund.
(4) This paragraph does not apply to any modifications of Part III which are necessary or expedient for the purpose or in consequence of the establishment of a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers.
(5) This paragraph does not apply to--
(a) modifying so much of any enactment as is modified by this Act,
(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any enactment comprised in or made under an Act of the Scottish Parliament.
On Question, amendments agreed to.
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