Letter dated 18/02/2026 from Baroness Smith of Cluny to Baroness Coffey regarding points raised during the the debate on the Scotland Act 1998 (Modification of Schedule 5) Order 2026: the government’s role on amendments to the Terminally Ill Adults (End of Life) Bill in the UK Parliament, engagement between the respective governments on requests for Scotland Act Orders under the Scotland Act 1998. 2p.

Letter dated 18/02/2026 from Baroness Smith of Cluny to Baroness Coffey regarding points raised during the the debate on the Scotland Act 1998 (Modification of Schedule 5) Order 2026: the government’s role on amendments to the Terminally Ill Adults (End of Life) Bill in the UK Parliament, engagement between the...

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 Amendment to regret debated and withdrawn.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

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 Amendment to regret debated and withdrawn.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

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...

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...

Moved by

Lord Keen of Elie

Moved by

Lord Keen of Elie

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...

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...

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.

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.

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...

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...

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...

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...

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,...

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,...

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

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

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...

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...

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...

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...

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...

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...

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?...

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?...

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...

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...

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...

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...

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.

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.

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...

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...

Lords motion to take note of the importance of the rule of law. Agreed to on question.

Lords motion to take note of the importance of the rule of law. Agreed to on question.

My Lords, it is with some trepidation that I rise to speak for the first time in this magnificent Chamber. How fortunate we are to spend so many of our working hours surrounded by such historical splendour.

I begin by thanking a great many people. First and foremost, I am eternally...

My Lords, it is with some trepidation that I rise to speak for the first time in this magnificent Chamber. How fortunate we are to spend so many of our working hours surrounded by such historical splendour.

I begin by thanking a great many people. First and foremost, I am eternally...