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Operation of the multi-layer democracy. Scottish Affairs Select Committee second report in 2 volumes with proceedings, evidence (previously HC 460 i-iv) and appendices.

Type

Select Committee reports; House of Commons papers; Parliamentary committees

Committee

Scottish Affairs Committee

Notes

Received 02.12.98; DEBATE;CH 21 OCT 1999

Date

18 November 1998

Reference

HC 460 1997/98

House

House of Commons

Sewel, Lord

Statement on what is the purpose and scope of the reservation of "intellectual property" in the Scotland Bill. [HL 3913]. - Inc ref to various acts.

Asked by

Lord Hughes of Woodside (Labour)

Type

Written questions

Status

Answered

Date

17 November 1998

Reference

HL 3913; 594 c152-3WA

House

House of Lords

Scottish Office

Statement on what is the purpose and scope of the reservation of intellectual property in the Scotland Bill. - Inc ref to Copyright, Designs and Patents Act 1988, Patents Act 1977, Trade Marks Act 1994, Registered Designs Act 1949, Plant Varieties Act 1997.

Asked by

David Stewart (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Tabled on

16 November 1998

For answer on

17 November 1998

Answered on

17 November 1998

Mr. David Stewart: To ask the Secretary of State for Scotland what is the purpose and scope of the reservation of intellectual property in the Scotland Bill. [60441] Mr. McLeish: The purpose of the reservation is to ensure the continuation of uniform intellectual property laws across the UK. This will avoid difficulties for owners of intellectual property rights arising from, for example, difference in what can be protected, the extent of the protection and remedies for breach of rights. Indeed, the benefits of harmonisation in this area are becoming increasingly recognised with the ever wider harmonisation of intellectual property rights and related matters across Europe and the rest of the world. Patents, designs, registered trade marks and copyright are well known examples of intellectual property rights and are reserved. The reservation also embraces all other existing and future analogous rights and matters, such as rights in performances and semi-conductor topographies, moral rights, the law of passing off and trade secrets, and the new database right. Moreover, rights such as those in utility models and matters such as technical measures for the protection of copyright works and information relating to the management of rights, all of which are included in recent draft EC Directives on intellectual property, fall within the scope of the reservation. Furthermore, all matters relating to the Patent Office are reserved, as are current and future ancillary matters. The existing major legislation on intellectual property, namely the Copyright, Designs and Patents Act 1988, he Patents Act 1977, the Trade Marks Act 1994 and the Registered Designs Act 1949, exemplifies but does not limit the range of provisions relating to `intellectual property' which falls or may in the future fall within the reservation. There is just one exception from the reservation, that is UK plant breeders' rights within the meaning of the Plant Varieties Act 1997. Agricultural Ministers, that is the Minister of Agriculture, Fisheries and Food and the Secretaries of State for Scotland, Wales and Northern Ireland, are jointly responsible for UK plant breeders' rights. Devolution in this one area of intellectual property is therefore consistent with the joint responsibility which already exists for plant breeders' rights.

Date

17 November 1998

Reference

319 c466W; 60441

House

House of Commons

Scotland Bill 1997/98

Scotland Bill. Commons amendments and reasons considered. Certain Lords amendments were not insisted on and the Commons amendments in lieu were agreed to. Motion that the House do insist on a Lords amendment disagreed to (53 to 119). A Commons amendment to a Lords amendment was agreed to and the...

Department

Scottish Office

Type

Debates on bills

Date

17 November 1998

Reference

594 c1170-202

House

House of Lords

Lords amendts:Scotland Bill 1997/98

Scotland Bill. Consideration of Lords amendments (second day). Lords amendments 88-124, 130-214, 221-36 and 279-85 agreed to. Lords amendment 286 and Government amendment (a) thereto agreed to. Lords amendments 287-301 agreed to. Committee appointed to draw up Reasons for disagreeing to certain Lords amendments. Reasons reported and agreed to, to...

Department

Scottish Office

Type

Debates on bills

Date

16 November 1998

Reference

319 c641-67

House

House of Commons

Welsh Office

To ask the Secretary of State for Wales, when he intends to publish the draft of the National Assembly for Wales Transfer of Functions Order. - Includes ref to final draft Order. Technical Guide 'Making the Difference in Wales' in Library (as DEP 98/1215 and DEP 98/1216).

Asked by

Jackie Lawrence (Labour)

Answering body

Welsh Office

Type

Written questions

Status

Answered

Tabled on

11 November 1998

For answer on

12 November 1998

Answered on

12 November 1998

Ms Lawrence: To ask the Secretary of State for Wales when he intends to publish the draft of the National Assembly for Wales Transfer of Functions Order. [59873] Mr. Michael: I am pleased to announce that I have today placed in the Vote Office and the Library of the House the final draft of the Assembly Transfer of Functions Order. I am simultaneously issuing it for public consultation. The Order transfers virtually all of my functions to the National Assembly for Wales. It lists all the Acts of Parliament under which I currently exercise functions, and transfers those functions to the Assembly. Accompanying the Order is a Technical Guide which details all of the several thousand functions which we will transfer in this way. Copies of the Technical Guide are also in the Vote Office and the Library. My functions are numerous and wide-ranging, and this means that the Transfer Order and Technical Guide are weighty documents. This is a reflection of the fact that the Assembly will in turn have many important powers; moreover, specifying its functions in this way minimises the risk of future legal challenges as to its vires. I am, though, anxious that there should be widespread understanding about what the Assembly will be able to do. I am therefore also publishing today a short lay person's guide to the Assembly's powers, entitled "Making the Difference in Wales". Copies are, again, in the Vote Office and the Library. I have been committed from the outset to full transparency and openness in setting up the Assembly. That is why I am issuing this draft and allowing a period of three months for public consultation and comment. During this period, I should be happy to consider any suggestions, whether of a general or detailed nature, which hon. Members might have: the text as it stands is without prejudice to any such suggestions. The Order is, of course, not capable of amendment once it is laid in draft before the House. My intention is to lay the Order in its agreed form in the new year, and, if the House and the other place approves, to request that it be made before the Easter recess. That should allow the campaign for the first Assembly elections next year to be conducted on the basis of certainty about the extent of the Assembly's powers.

Legislation

National Assembly for Wales (Transfer of Functions) Order 1999

Date

12 November 1998

Reference

59873; 319 c285-6W

House

House of Commons

Programme motion* and Lords amendts:Scotland Bill 1997/98

Scotland Bill. Programme motion for proceedings on consideration of Lords amendments. Lords amendments considered. Motion that House disagrees with Lords in amendment 215 agreed to on division (303 to 173). Amendments 216-20 disagreed to. Amendments 1-31 agreed to. Motion that House disagrees with Lords in amendment 32 agreed to on...

Department

Scottish Office

Type

Debates on bills

Date

11 November 1998

Reference

319 c375-458

House

House of Commons

Scotland Bill 1997/98

Scotland Bill. Lords third reading (formal). Debate on amendments and motion that Bill do now pass. Passed on question and returned to the Commons with amendments.

Lead member

Lord Sewel

Answering member

Lord Mackie of Benshie

Department

Scottish Office

Type

Debates on bills

Date

9 November 1998

Reference

594 c509-22,531-620

House

House of Lords

Welsh Office

Supplementary on First Secretary in the Welsh Assembly.

Asked by

Liam Fox (Conservative)

Answering body

Welsh Office

Oral questions - 1st Supplementary

Status

Answered

Date

4 November 1998

Reference

318 c861

House

House of Commons

Welsh Office

Supplementary on National Assembly for Wales and democratic accountability.

Asked by

Gareth Thomas (Clwyd West) (Labour)

Answering body

Welsh Office

Oral questions - 1st Supplementary

Status

Answered

Date

4 November 1998

Reference

318 c860-1

House

House of Commons

Welsh Office

Supplementary on First Secretary in the Welsh Assembly.

Asked by

Liam Fox (Conservative)

Answering body

Welsh Office

Oral questions - 1st Supplementary

Status

Answered

Date

4 November 1998

Reference

318 c861

House

House of Commons

Welsh Office

To ask the Secretary of State for Wales, What assessment he has made of the impact of the future Welsh Assembly on his accountability to honourable Members. (Failed OPQ).

Asked by

Nicholas Winterton (Conservative)

Answering body

Welsh Office

Type

Written questions

Status

Answered

Date

4 November 1998

Reference

56589; 318 c609W

House

House of Commons

Welsh Office

Answered by

Alun Michael (Labour; Co-operative Party)

Answering body

Welsh Office

Type

Oral answers to questions

Date

4 November 1998

Reference

318 c861

House

House of Commons

Welsh Office

Answered by

Alun Michael (Labour; Co-operative Party)

Answering body

Welsh Office

Type

Oral answers to questions

Date

4 November 1998

Reference

318 c860-1

House

House of Commons

Welsh Office

Answered by

Alun Michael (Labour; Co-operative Party)

Answering body

Welsh Office

Type

Oral answers to questions

Date

4 November 1998

Reference

318 c861

House

House of Commons

Scotland Bill 1997/98

Scotland Bill. Lords report stage fourth day.

Department

Scottish Office

Type

Debates on bills

Date

3 November 1998

Reference

594 c142-53,185-216,234-62

House

House of Lords

Scotland Bill 1997/98

Scotland Bill. Lords report stage third day.

Department

Scottish Office

Type

Debates on bills

Date

2 November 1998

Reference

594 c10-27,41-80,92-132

House

House of Lords

Irvine of Lairg, Lord

How many current members of the Judicial Committee, eligible to sit in proceedings raising devolution issues arising under the Scotland Bill, the Northern Ireland Bill and the Government of Wales Act 1998, have held judicial office in Scotland, Northern Ireland, and England and Wales, respectively. [HL3439].

Asked by

Lord Lester of Herne Hill (Liberal Democrat)

Type

Written questions

Status

Answered

Date

29 October 1998

Reference

593 c222-3WA

House

House of Lords

Scotland Bill 1997/98

Scotland Bill. Lords report stage second day.

Department

Scottish Office

Type

Debates on bills

Date

28 October 1998

Reference

593 c1917-26,1941-86,2003-72

House

House of Lords

Scotland Bill 1997/98

Scotland Bill. Lords report stage first day.

Department

Scottish Office

Type

Debates on bills

Date

22 October 1998

Reference

593 c1567-627,1640-82

House

House of Lords

Librarians' tools

Type

House

Session

Year

Department

Member

Primary member

Answering member

Legislative stage

Legislation

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