Standards, Procedures and Public Appointments Committee
Legislative Consent Memorandums
When the UK Parliament looks at a Bill that affects Scotland, the Scottish Government prepares a “legislative consent memorandum”. The memorandum explains to the Parliament how the Bill affects Scotland. It also sets out the Scottish Government’s view on whether or not the Parliament should consent to this Bill.
The consent itself is given through a motion “a Legislative Consent Motion”
Read more about legislative consent
The Committee is considering some options for rule changes to recognise motions that refuse consent.
Background
The Conveners Group wrote to the Committee in September 2022 to highlight the lack of reference in the Parliament’s rules about motions refusing legislative consent.
The Constitution, Europe, External Affairs and Culture (CEEAC) Committee also wrote to the Committee in February 2023 with similar concerns.
Committee’s consideration
The Committee is considering a new rule to allow for motions refusing legislative consent.
The new rule proposes a similar rule for motions refusing consent as currently exists for consent motions.
Consultation of MSPs
Written Evidence
The Committee wrote to all the Scottish Parliament Committees, the Parliamentary Bureau, the political parties represented in the Parliament (at June 2023) and the Minister for Parliamentary Business.
Timetable
It is expected that the Committee will consider the responses to its consultation and decide whether it wishes to bring forward rule changes before the end of June 2024.
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