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Proceeding contribution from Lord Wallace of Tankerness (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

Perhaps I can clarify for my noble friend that Section 31 of the Scotland Act 1998 is relevant in this regard. It states: "““A member of the Scottish Executive in charge of a Bill shall, on or before introduction of the Bill in the Parliament, state that in his view the provisions of the Bill would be within the legislative competence of the Parliament””." Subsection (2) says: "““The Presiding Officer shall, on or before the introduction of a Bill in the Parliament, decide whether or not in his view””—" or in the case now, in her view— "““the provisions of the Bill would be within the legislative competence of the Parliament and state his decision””," so the Presiding Officer has to state their decision as to whether it is within competence. Let us take this away from the question of the referendum Bill, because our ambition here is not to get into that position; it is to reach an agreement, preferably on a Section 30 order. However, in general, the Presiding Officer has to decide whether the provisions of the Bill would, in their view, be within the legislative competence of the Parliament, and has to make that decision public. It is still the case that the Parliament could proceed to debate and process the Bill notwithstanding that, but there are obviously political ramifications. I could imagine some pretty lively debates if that was to be the case.


Secondary information

Type
Proceeding contribution
Reference
734 c1250-1 
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