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Legislative and Regulatory Reform Bill

One of our principal concerns about the Bill centres on the absence of prescription, either by direct statement or by negation, of measures that can be amended by virtue of the fast-track proposals. From the outset, we made it quite clear that it would be entirely inappropriate for the Bill, if enacted, to be used to effect constitutional change. We made it plain in amendments that we tabled in Committee and on Report, and in speeches on Second and Third Readings, that matters of constitutional significance should be excluded from the scope of the Bill. That proposition was rejected in Commons proceedings on the Bill, but it has been accepted in another place. We strongly support Lords amendment No. 9, which adds an extra condition that Ministers must take into account when determining whether a matter is suitable for the fast-track procedure. It states that a provision can be considered if it"““is not of constitutional significance.””" So much, so good, although that does raise some questions about what is, and what is not, of constitutional significance. I notice that among the Members present is the Under-Secretary of State for Scotland—and possibly for Constitutional Affairs, too, as I am never sure nowadays exactly what his title is. However, whichever Department or Departments he belongs to, he is an ornament to it or to both of them. He knows what I am about to say, because we have discussed this matter elsewhere. I would like to hear a clear statement from the Government that there are no circumstances in which this procedure could be used to amend the Scotland Act 1998. I think that it is his view that he cannot envisage any circumstances in which it could be used for that purpose. But, for some reason that I am not entirely clear about, it is not appropriate for the Government either to put that into statute or to say it out loud. It would be extremely helpful if he, or the Minister, were to stand up at the Dispatch Box today and explicitly say, ““This procedure will not be used to amend the Scotland Act 1998.”” This matter is of some concern north of the border, and a clear statement would be helpful both to Members and to those watching our proceedings.