Current status: Answered by Margaret Curran on 17 May 2005
To ask the Scottish Executive what Sewel motions it will lodge in the Parliament in connection with the legislative programme of the UK Government announced on 17 May 2005 in the Queen's Speech.
Westminster does not normally legislate with regard to devolved matters in Scotland unless it has the consent of the Scottish Parliament. This convention – sometimes known as the “Sewel convention” – is an important part of the devolution settlement, signifying respect for the role of the Scottish Parliament.
The Executive recommends that the Scottish Parliament should consent to such legislation only when it would deliver clear benefits for Scotland and is consistent with the themes of the Partnership Agreement. In that context, the Executive is working with the UK Government to identify and agree specific opportunities to deliver such benefits in relation to the Bills announced with today’s Queen’s Speech.
The bills already identified as offering potential are:
The Animal Welfare Bill – to ensure that people who are banned from keeping animals in England and Wales, following conviction for cruelty to animals there, continue also to be banned from keeping animals in Scotland.
The Equality Bill – to ensure that the proposed Commission for Equality and Human Rights takes due account of Scottish interests and the duty to promote equality between men and women is placed on Scottish public authorities.
The European Union Bill – to ensure that the devolution settlement is taken into account in legislation to enable the ratification and implementation in UK law of the EU Constitutional Treaty and to allow a referendum on the Treaty to take place.
The National Lottery Bill – to provide power for Scottish ministers to issue directions to the Big Lottery Fund and allow a Scottish Committee to exercise all the functions of the Fund in relation to devolved expenditure.
The Executive will maintain a dialogue with the UK Government over the coming weeks and months to see whether further opportunities can be identified. If that proves to be the case, the Executive will bring them to the attention of the Parliament at the earliest opportunity.
For each relevant bill, the Executive will present the Parliament with a motion and detailed explanatory memorandum as soon as possible after it is introduced at Westminster in order to maximise the scope for scrutiny and debate. It will be for the Scottish Parliament then to determine whether to give or withhold consent.