Contents
- Portfolio Question Time
- Building and Fire Safety (Ministerial Working Group)
- Prejudice-based Bullying and Harassment in Schools, and Personal and Social Education
- Business Motion
- Decision Time
- Point of Order
- Sport and Leisure Sector (Barclay Review Recommendations)
Point of Order
On a point of order, Presiding Officer. As you will be aware, the Finance and Constitution Committee is currently taking evidence on the European Union (Withdrawal) Bill and the question of legislative consent for that bill. This morning, as part of that evidence taking, we heard an academic witness raise an argument that calls into question one of the functions of the Presiding Officer.
As you will be aware, under standing orders rule 9.3, the Presiding Officer is required to give a ruling on the legislative competence of any bill that is introduced to the Parliament, which accompanies the bill. If the European Union (Withdrawal) Bill were passed in its current form, it would introduce a new concept of law called “retained EU law”, which would inhibit the ability of the Scottish Parliament to draft legislation that was not compliant with retained EU law.
What consideration has been given and what advice has been taken by the Presiding Officer in relation to that aspect, which might impinge on the Presiding Officer’s function in relation to legislative competence? Was that matter discussed with the United Kingdom Government with regard to its drafting of the withdrawal bill? Will it have an impact on, for example, the resources that the Presiding Officer needs or the time taken to ensure the legislative competence of any future bill after the withdrawal bill has been passed?
I thank Mr Harvie for giving formal notice of that point of order. I assure Mr Harvie and the chamber that these matters are under consideration. The Presiding Officer’s role is in legislative competence and that will continue. However, the bill does indeed introduce the new concept of retained EU law. It will be up to the Presiding Officer to take that into account, along with all other considerations, and I further assure members that a careful watch is being kept on all constitutional developments and that all these matters will be considered on an on-going basis.