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Proceeding contribution from Lord Stephen (Liberal Democrat) in the House of Lords on Thursday, 26 January 2012. It occurred during Committee of the Whole House (HL) and Debate on bill on Scotland Bill.


Scotland Bill

My point is that when my noble and learned friend and I were in government, I recall that we went to quite extreme lengths to make sure that a piece of legislation was within legislative competence. The noble and learned Lord, Lord Boyd, has already referred to those matters. Part of the hard work that was done was to ensure that a piece of legislation would get the approval of the Presiding Officer. My understanding was always that if there was a conflict with the Presiding Officer, we would work on the legislation and make sure that it was within legal competence, as defined by the Presiding Officer. From what has been said this afternoon, a Government can, as I understand it, in effect defy the ruling of the Presiding Officer and push forward with the legislation, and no one in the Scottish Parliament—indeed, no one in Scotland—would be aware that the Presiding Officer had been overridden. That is my understanding of what the noble and learned Lord, Lord Boyd, and my noble and learned friend indicated. I suppose the question is: in what way would it be known that, for example, the referendum Bill had been laid before the Scottish Parliament even though the Presiding Officer had not approved it as being within legislative competence?


Secondary information

Type
Proceeding contribution
Reference
734 c1250 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Devolved matters Constituencies Administration Age Devolution Elections Legislative competence Legislation Electoral systems Fixed-term parliaments Dual mandate Ministerial powers Powers Members Referendums Ministers Parliamentary session Scotland Voting rights Scottish Parliament Supreme Court Scottish National Party Independent members Reserved matters Legislative consent motions Presiding Officer of the Scottish Parliament
Legislation
Scotland Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk