Meeting of the Parliament

Meeting date: Tuesday, October 25, 2016

Official Report 860KB pdf

Point of Order

On a point of order, Presiding Officer.

Rule 9.3.1 states:

“A Bill shall on introduction be accompanied by a written statement signed by the Presiding Officer which shall ... indicate whether or not in the Presiding Officer’s view the provisions of the Bill would be within the legislative competence of the Parliament”.

We are all aware that, during the recess, the Scottish Government published its draft bill on another referendum aimed at the break-up of the United Kingdom. The draft bill, if it were introduced as a bill, is universally recognised as being outwith the competence of the Scottish Parliament.

In such an unprecedented case, the standing orders are silent as to the effect of the Presiding Officer’s written confirmation that the bill would lie outside the competence of the Scottish Parliament. I am sure that it would be immensely helpful to all members of the Scottish Parliament to be aware of the effect—I stress that word—of such a ruling by the Presiding Officer. For instance, would the effect be that such a bill could proceed through its stages to a vote or would it be referred immediately to the Supreme Court for a ruling? Your guidance on this matter would be extremely helpful.

I thank the member for advance notice of the point of order.

Rule 9.3.1 states that

“A Bill shall on introduction be accompanied by a written statement”

that indicates whether or not in my view

“the provisions of the Bill would be within the legislative competence of the Parliament”.

Where I consider any of the provisions to be outwith our competence, I must provide reasons for that view. If I am of the view that a bill is outwith competence, it can still be introduced, and parliamentary scrutiny would proceed on that basis.

Let me make it clear that I provide this advice to help members and the public understand the process, but I am not expressing and will not express a view on any specific bill before it is introduced. The competence of any bill that is passed by the Parliament can be challenged by the law officers in the four-week period before the bill is submitted for royal assent. Ultimately, any challenge that is taken after that period would be for the courts to determine.