Delegated Powers and Law Reform Committee
At its meetings on 10 and 17 December 2019, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Referendums (Scotland) Bill as amended at Stage 2. The Committee submits this report to the Parliament under Rule 9.7.9 of the Standing Orders.
This Bill provides a generic framework of rules to apply to referendums within the legislative competence of the Scottish Parliament. The Delegated Powers and Law Reform Committee published its Stage 1 report on the Bill on 17 September 2019. The Committee made several recommendations on the delegated powers provisions to the lead Committee. The delegated powers that were of concern to the Committee have been removed at Stage 2. The delegated powers in the Bill are discussed further below.
Sections 1 and 2 of the Bill, as introduced, contained significant delegated powers. Those provisions would have allowed the Scottish Ministers, by regulations, to provide for a referendum to be held throughout Scotland. The Committee’s Stage 1 report focused on those powers and made a number of recommendations. However, at Stage 2 both sections were removed. The Bill now requires any future referendum to be established by primary legislation.
In addition to the delegated powers in sections 1 and 2 being removed, the following powers were revised at Stage 2:
Section 37 – Power to modify this Act
Schedule 1, paragraph 17(4) - Alterations in the register of local government electors
The Committee is content with the revisions to these powers and therefore with all of the delegated powers in the Bill as amended at Stage 2.