Question reference: S6W-08484
- Asked by: Gordon MacDonald, MSP for Edinburgh Pentlands, Scottish National Party
- Date lodged: 9 May 2022
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Current status: Initiated by the Scottish Government. Answered by George Adam on 10 May 2022
Question
To ask the Scottish Government what legislative consent memorandums it anticipates lodging in the Parliament in connection with the legislative programme of the UK Government announced in the Queen’s Speech on 10 May 2022.
Answer
In accordance with the Sewel Convention and in line with Rule 9B of Standing Orders, the UK Parliament should not legislate with regard to devolved matters – that is on matters within the legislative competence of the Parliament or which change the competence of the Parliament or the Scottish Ministers – without the consent of the Scottish Parliament.
Within the legislative programme announced by the UK Government, Bills which appear to give rise to the requirement for the legislative consent of the Scottish Parliament are:
Procurement
Trade (Australia and New Zealand)
Bill of Rights
Levelling Up and Regeneration
Energy Security Bill
Economic Crime and Corporate Transparency Bill
Brexit Freedoms Bill
Northern Ireland Troubles (Legacy and Reconciliation) Bill
Social Security (Special Rules for End of Life) Bill
Transport
Modern Slavery
Data Reform Bill
In addition, the following Bills may extend to Scotland but at this stage it is unclear whether they will generate the requirement for an LCM:
UK Infrastructure Bank
Product Security and Telecommunications Infrastructure Bill
Electronic Trade Documents Bill
Financial Services and Markets Bill
Higher Education Bill
Social Housing Regulation Bill
Harbours (Seafarers’ Remuneration) Bill
The Scottish Government will consider the content of all Bills before making its recommendation to the Parliament on legislative consent. It will then be for the Scottish Parliament to determine whether to give or withhold consent.
It is possible that legislative consent may be required for other UK Bills and those will be drawn to the attention of the Parliament as they arise.