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Chamber and committees

Question reference: S6W-22898

  • Asked by: Rona Mackay, MSP for Strathkelvin and Bearsden, Scottish National Party
  • Date lodged: 9 November 2023
  • Current status: Initiated by the Scottish Government. Answered by George Adam on 10 November 2023

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 King’s Speech on 7 November 2023.


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:

  • Animal Welfare (Livestock Export) Bill
  • Automated Vehicles Bill
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership Bill
  • Criminal Justice Bill
  • Investigatory Powers (Amendment) Bill
  • Tobacco and Vapes Bill
  • Data Protection and Digital Information Bill (carried over) – legislative consent memorandum already lodged
  • Economic Activities of Public Bodies (Overseas Matters) Bill (carried over) – legislative consent memorandum already lodged.

In addition, the following Bills extend to Scotland. The Scottish Government will consider the need for legislative consent when the text of these bills is available, but we do not currently expect they will generate a requirement for a legislative consent motion.

  • Media Bill
  • Terrorism (Protection of Premises) Bill
  • Offshore Petroleum Licensing Bill
  • Digital Markets, Competition and Consumers Bill
  • Victims and Prisoners Bill (majority of provisions apply to England and Wales)

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.