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Chamber and committees

Delegated Powers and Law Reform Committee

Supplementary Legislative Consent Memorandum: delegated powers relevant to Scotland in the UK Infrastructure Bank Bill

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Introduction

  1. At its meeting on 10 January 2023, the Committee considered the delegated powers that are relevant to Scotland in the UK Infrastructure Bank Bill (UK Parliament legislation).

  1. The UK Infrastructure Bank Bill ("the Bill") was introduced in the House of Lords on 11 May 2022 and is currently at report stage in the House of Commons.

  1. The UK Infrastructure Bank (“the Bank”) was established to support private infrastructure projects to help meet the UK Government’s objectives on economic growth, levelling up, and transitioning to net zero. The Bill represents the final stage in the set-up of the Bank, which has been operating on a non-statutory basis since it was established in June 2021.

  1. At its meeting on 25 October 2022, the Committee considered the delegated powers relevant to Scotland in the Bill. The Committee published its report on 27 October 2022.

  1. The lead committee is the Economy and Fair Work Committee.

Supplementary Legislative Consent Memorandum

  1. The Scottish Government lodged a Legislative Consent Memorandum ("LCM") on 2 September 2022, in which it explained that whilst it was broadly supportive of the Bill, it would not recommend that consent be granted until further assurances were provided by HM Treasury.

  1. The Bill has since been amended and further assurances provided. The Scottish Government has lodged a Supplementary LCM in which it now recommends that the Scottish Parliament gives legislative consent to the Bill.

Committee consideration

  1. The Committee noted that one of the amendments to the Bill is to the delegated power in clause 2, which the Committee considered at its meeting on 25 October 2022. The amendment requires the UK Treasury to consult with the Scottish Ministers before exercising the power, but it does not require the Scottish Ministers’ consent. This means that the SI protocol does not apply and there is currently no process by which the Scottish Parliament can hold Scottish Minsters to account for their position in any consultation with the Treasury.

  1. The majority of the Committee noted that the amendment to clause 2 does not change any of the Committee’s conclusions at paragraphs 21-23 of its report on the LCM. The majority of the Committee therefore considered that its view remains as stated in that report.i

  1. The Committee notes that clause 2 has been amended so as to require UK Treasury to consult with the Scottish Ministers before exercising the power, however it does not require the Scottish Ministers’ consent.

  1. The majority of the Committee reports that its views on the delegated power in clause 2, remains as stated in paragraphs 21 – 23 of its 53rd Report of 2022 on the delegated powers relevant to Scotland in the UK Infrastructure Bank Bill.i