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Proceeding contribution from Jack Straw (Labour) in the House of Commons on Monday, 7 June 2010. It occurred during Queen's speech debate on Constitution and Home Affairs.


Constitution and Home Affairs

I can give the hon. Member for Wyre and Preston North (Mr Wallace) an answer, and it is not a bad one. He ought to read carefully both limbs of section 3 of the 1998 Act. If he had bothered to read it and if those negotiating this coalition agreement had done so—I have the Act before me for the sake of greater accuracy—they would know what it states. Under section 3(1)(a), the presiding officer has to require an ““extraordinary general election””—an early general election—for the Scottish Parliament if two thirds of the Parliament vote for that. However, the provision contains an ““or””, not an ““and””, because section 3(1)(b) states that if there is"““any period during which the Parliament is required under section 46 to nominate one of its members for appointment as First Minister ends without such a nomination being made””," after 28 days there has to be a general election. That election is triggered by a simple majority, not by a two thirds one. Therefore, we should hear no more rubbish about there being a two thirds lock in the Scottish Parliament, because it is not true.


Secondary information

Type
Proceeding contribution
Reference
511 c36 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Databases Constituencies British constitution Elections Evidence Genetics Identity cards Dissolution Police Powers Public bills Privacy Members Parliamentary scrutiny Politics and government Reform Censure motions
Link
View this Proceeding contribution on www.publications.parliament.uk