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Legislative competence (8,696)

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A briefing on Section 30 Orders, secondary legislation made under the Scotland Act 1998 to increase or restrict – temporarily or permanently – the Scottish Parliament’s legislative authority.

Type
Commons Briefing papers
Date
25 May 2026
Reference
CBP-8738

I. Blood safety and quality common framework. Incl. appendices. 31p. II. Organs, tissues and cells (apart from embryos and gametes) common framework. Incl. appendices. 31p. III. Letter dated 19/03/2026 from Zubir Ahmed MP to the Deposited papers clerk regarding two documents for deposit in the House libraries. 1p.

Deposited by
Department of Health and Social Care
Type
Deposited papers
Date
19 March 2026
Reference
DEP2026-0210
House
House of Commons

Motion to consider. Agreed to on division (14 votes to 3).

Lead member
Kirsty McNeill
Answering member
Andrew Bowie
Department
Scotland Office
Type
Debates on delegated legislation; Delegated Legislation Committee proceedings
Committee
Second Delegated Legislation Committee
Date
10 February 2026
House
House of Commons

Lords motion to approve. Amendment to regret debated and withdrawn. Original motion agreed to on question.

Lead member
Baroness Smith of Cluny
Answering member
Lord Keen of Elie
Department
Advocate General for Scotland
Type
Debates on delegated legislation
Date
10 February 2026
Reference
853 cc197-208
House
House of Lords

I thank the noble and learned Lord for his amendment and his engagement with me on this matter. I understand the concerns he has raised. However, the Government believe the approach they have taken is appropriate and in keeping with the devolution settlement.

As with all the Scotland Act orders we...

Member
Baroness Smith of Cluny (Labour)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c197
House
House of Lords

Moved by

Lord Keen of Elie

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c197
House
House of Lords

My Lords, I am obliged to the Minister for engaging with me on this topic. To be clear at the outset, we are not concerned with the merit, or otherwise, of the content of the legislation in question. However, this raises a somewhat technical issue with regard to the devolved...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c201
House
House of Lords

Can the noble and learned Lord explain what he means by that? I think he is saying that there is no impact assessment of the effect of the regulation of devices and substances being in Scotland rather than England. That is all that paragraph 9 deals with.

Member
Lord Falconer of Thoroton (Labour)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c201
House
House of Lords

No, I am saying that there is no impact assessment in respect of the effect of this legislation in Scotland on the regulation of the medical profession, which is also an expressly reserved matter under paragraph G2 of Schedule 5 to the Scotland Act 1998. Because that will be impacted...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c201
House
House of Lords

I think the noble and learned Lord misunderstands what is being said here. It says that there is no impact expected in allowing the Scottish Parliament to be the body that allows regulations to be entered into in relation to devices or substances. That is all that is being said...

Member
Lord Falconer of Thoroton (Labour)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c201
House
House of Lords

That is my very point, with the greatest of respect, because the reserved matters are not just medical devices but regulation of the medical profession. Therefore, the very fact that it is such a narrow order means that the relevant impacts of this Section 30 order and of the legislation,...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c201
House
House of Lords

It is an impact assessment only of this instrument, not the Scottish legislation.

Member
Lord Falconer of Thoroton (Labour)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c201
House
House of Lords

I am underlining the narrowness of this instrument and what it omits. It omits to address properly the effect of passing this legislation through the Scottish Parliament as a consequence of the Section 30 order.

I have sought to make this as clear as possible for at least some of your...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c201
House
House of Lords

My Lords, I have a few questions for the Minister. My noble and learned friend Lord Keen has set out pretty eloquently the issue of

the narrowness, and the House will be aware that one of the elements of Section 30 orders, and indeed of a variety of subordinate secondary...

Member
Baroness Coffey (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 cc202-3
House
House of Lords

I am grateful to noble Lords for their contributions to this debate. I will respond to the specific points raised, but first I mention four overarching points that are important to hold in mind in this debate.

It is for the Scottish Parliament, not the UK Government, to ensure that when...

Member
Baroness Smith of Cluny (Labour)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 cc203-6
House
House of Lords

The Minister mentioned the prospect of maybe producing a draft order but seemed to indicate that the Government would not do so until they had certainty on the Scottish Parliament’s final position on those two issues. Is there not a danger that the Government’s position will create a Catch-22 situation?...

Member
Lord Weir of Ballyholme (Democratic Unionist Party)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c206
House
House of Lords

I am grateful to the noble Lord for raising this issue, because I can see that it is creating confusion, and I think that reflects how complicated and difficult the matter has been. The first thing to say is that it is not for the UK Government to draft any...

Member
Baroness Smith of Cluny (Labour)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c207
House
House of Lords

Before the Minister sits down, I asked whether the Government suggested to Kim Leadbeater that she table Amendment 77 back in June, which started to extend parts of the Bill to Scotland. I can always ask the noble and learned Lord, Lord Falconer, about his Amendment 888, but, if she...

Member
Baroness Coffey (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c207
House
House of Lords

I would be delighted to write to the noble Baroness. It is important that we have precision on this issue and I do not have that information immediately to hand, so I will write.

Member
Baroness Smith of Cluny (Labour)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 c207
House
House of Lords

My Lords, I will be brief. I am a little puzzled by the proposition that the regulation of the medicines to be employed in assisted dying is to be regarded as the central purpose of the Scottish Bill, while the regulation of those applying those medicines is merely consequential. I...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
10 February 2026
Reference
853 cc207-8
House
House of Lords