To ask the Scottish Government what legislative consent motions it will lodge in connection with the UK Government's legislative programme as announced in the Queen’s Speech on 8 May 2013.
In accordance with the Sewel Convention, the UK Parliament does not legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.
This is an important part of devolution, as it acknowledges the special constitutional position of the Scottish Parliament and the democratic mandate conferred on this Parliament by the people of Scotland. In the view of the Scottish Government, the Sewel Convention will remain an essential part of the constitution of the UK for as long as the UK Parliament retains its current powers and functions in relation to Scotland.
In the normal course of business, legislation on devolved matters should be scrutinised and determined in the Scottish Parliament. There may however be situations in which it is helpful and appropriate for legislation dealing with devolved matters to be taken forward at Westminster.
The Scottish Government is committed to assessing opportunities of this kind on their merits and to working closely and constructively with the UK Government, on a case by case basis, to deliver legislation which best meets Scotland’s needs. The Scottish Government is equally committed to working with the UK Government to pursue opportunities to extend devolved competence.
The formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation on devolved matters, including alterations to devolved competence, in accordance with Chapter 9B of Standing Orders.
Within the legislative programme announced today by the UK Government, we have identified potential opportunities 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 UK bills which we currently expect to give rise to Legislative Consent Motions in the Scottish Parliament cover:
Anti-Social Behaviour, Crime and Policing Bill – a Bill which will include a wide range of reforms to policing and the introduction of a number of antisocial behaviour measures, reforms to alcohol and licensing, dangerous dogs, firearms, and extradition law amongst other provisions. The Bill mostly relates to England, but some provisions do extend to Scotland in reserved areas such as the firearms offence changes. The parts of the Bill that extend to Scotland in devolved areas relate to the Police Negotiating Board, dangerous dogs and witness protection.
Care Bill – The provisions of this Bill aim to address adult care in England. It does not generally extend to Scotland but will require legislative consent for provisions relating to cross-border placements and the establishment of the Health Research Authority.
Water Bill – A Bill generally legislating for England and Wales and which will contain provisions for establishing water market competition (similar to that established in Scotland by the 2008 Act), Ofwat and sewerage. A technical LCM will be required for provisions on sewerage licencing and the River Esk.
The Scottish Government will, in due course, lodge memoranda and motions for these bills, once they have been introduced in the UK Parliament. It will then be for the Scottish Parliament to determine whether to give or withhold consent.
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 Member’s bills. Any additional proposals of this kind, together with any relevant amendments to the Government bills listed above, will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.