To ask the Scottish Government what legislative consent motions it will lodge in the Parliament in connection with the legislative programme of the UK Government to be announced in The Queen’s Speech on 14 October 2019.
In accordance with the Scotland Act 1998, as amended, the UK Parliament does not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. This covers legislation for devolved purposes (that is matters within the legislative competence of the Parliament), and changes to the competence of the Parliament or the Scottish Ministers (in line with the statutory procedural safeguards to competence under the Scotland Act).
In accordance with Chapter 9B of Standing Orders, the formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation with regard to devolved matters, including alterations to devolved competence.
The principle of legislative consent, in all its elements, is crucial to the devolution settlement, acknowledging the constitutional position of the Scottish Parliament and the democratic mandate conferred on it by the people of Scotland. In the view of the Scottish Government, legislative consent will remain an essential part of the constitution of the UK for as long as the Westminster Parliament retains its current powers and functions in relation to Scotland.
In the normal course of business, legislation for devolved purposes should be scrutinised and determined in the Scottish Parliament. There may however be situations in which it is helpful and appropriate for legislation for devolved purposes to be taken forward at Westminster.
Within the legislative programme announced today by the UK Government, we have identified possible options to legislate for the benefit of Scotland on matters that are within the legislative competence of the Scottish Parliament, or which alter legislative or executive competence. The Scottish Government will consider the content of all Bills before deciding its recommendation to the Parliament on legislative consent. It will then be for the Scottish Parliament to determine whether to give or withhold consent.
One particular consideration when determining if consent should be recommended to the Parliament will be in relation to provisions related to withdrawal from the European Union. Following the passage of the European Union (Withdrawal) Bill, the UK Government has made clear that it does not regard the consent of the Scottish Parliament is required for provisions or even specific Bills relating to EU exit. As a result, the Scottish Government has taken the position that until Scottish Ministers can be assured that the decisions of the Parliament will be respected, they will not lodge any legislative consent motions on Brexit-related provisions, except in the most exceptional of circumstances. However, regardless of any decision Scottish Ministers make regarding whether or not to support consent, it remains important that the Scottish Parliament can scrutinise any Brexit-related provision. The Scottish Government will continue to lodge legislative consent memorandums setting out its views on the substance of any such provision. It remains open to the UK Government to commit to respecting the Scottish Parliament’s views as regards EU exit-related provision.
The UK Bills which we currently expect may give rise to the requirement for the legislative consent of the Scottish Parliament are:
Agriculture Bill
Animal Welfare Bill
Air Traffic Management and Unmanned Aircraft Bill
Birmingham Commonwealth Games Bill
Domestic Abuse Bill
Environment Bill
European Union (Withdrawal Agreement) Bill
Fisheries Bill
Immigration and Social Co-ordination (EU Withdrawal) Bill
Sentencing (Pre-Consolidation Amendments) Bill
Trade Bill
It is possible that further opportunities to legislate for Scotland by means of Legislative Consent Motion may occur in connection with other UK Bills, including Private Members’ Bills. Any additional proposals of this kind, together with any relevant amendments to the UK Government Bills listed above, will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.