"
!
WI Gordon /
,/
Mr Ewing, ES /'
Mr Ferguson, LG
Dr Wildgoose, AEFD ./
Mr Beaton, SCA
Mr Aldridge, DoH ~
Mr I Campbell./
IMr Goodall, HD
fvo/ ~~
C
Mg'Duncan, DD- TD :&11" Stevens. SWSG
Mr Tripp, InD
. /Mr
Parr, HD ./
\~~
Ms Gregson, EID
Mr Kernohan, PHPU /'
/
Ms Tyrell, PHP{J./'
Ms Callaghan, DD-LG ~
Mr Fleming, AEFD
Parliamentary Clerk (Scottish Parliament)
(Lt
Copy to:
Mr Jamieson <'"
Mr Walford
~"-.-.".-
Mr Foubister ./
Mrs Brannan
Ms Hibbert
Mr Burgess
LEGISLATION AT WESTMINSTER ABOUT DEVOLVED MATTERS
1.
I attach a draft submission
covering the proposed
arranged
SPQ informing
the
Scottish Parliament about those Bills which are presently before Westminster and which
make provision about devolved matters. Could I have comments please, and responses to the
annotated queries, by 4 pm on Tuesday 1June?
2.
In particular, could Mr Stage let me know whether he has found any Bills which need
to be added to the list (which I sent to him earlier in the week), or any others which (like the
Financial
Services and Markets Bill about which I have minuted
separately)
could be
introduced before D-day.
Could he also let me know the fonnat for draft SPQ answers?
3.
Could Mr Tripp please consider the proposals for,presentation,
and could Mr Ewing
and Mr Campbell please consider the handlli;Ig points?
Does Mr Campbell think that the
submission should go as a "1,2" via Mr McCabe?
DAVID ROGERS
ES Ministerial Secretariat
Room 044
SAR
Ext 45534
27 May 1999
0527spq.doc
·.•
From: Ian Walford
ES Cabinet Secretariat
May 1999
Copy to:
Deputy First Minister
Scottish Ministers
PS/Perm Sec
PSlDepartments
Director, SCA
Solicitor
Mr Gordon,. OSSS
Mr Jamieson
Mr Ewing
Dr Wildgoose
Director, InD
Mr Rogers
[Special Advisers]
LEGISLATION AT WESTMINSTER ABOUT DEVOLVED MATTERS
Purpose
1.
To seek the First Minister's
approval for the handling
and terms of a statement
notifying the Scottish Parliament of Bills which make provision
about devolved matters
which may still before Westminster on D-Day.
The statement also explains the convention
which is expected to be established that Westminster will not normally legislate with regard
to devolved matters in Scotland without the consent of the Scottish Parliament. The Scottish
~)
Cabinet agreed on 20 May that a statement along these lines should be made.
Timing
2.
Urgent.
The statement should be made before the Scottish Parliament
is asked to
consent to the Food Standards Agency Bill on [ ] June. Accordingly
it would be helpful to
have the First Minister's response by [].
It could any comments ftom other Ministers on the
..
,
proposals please be sent to you by [ ]?
Background
0524wesldoc
1
'j
3.
Nothing in the Scotland Act prevents the Westminster Parliament from legislating
about devolved matters. However, Lord Sewel announced to the Lords on 21 July 1998 that
the Government "would expect a convention to be established that Westminster would not
rio~a1ly legislate ~th regard to devolved matters in Scotland without the consent of the
Scottish Parliament".
This announcement was reflected in Mrs Beckett's evidence in
November to the Commons Procedure Committee's inquiry .intothe procedural consequences
of devolution. The Committee's report published on 24 May says that the Committee support
the principles behind Mrs Beckett's statement and agree that the House should not legislate
without the consent of the devolved legislature concerned.
4.
In practice, we would expect that a Bill covering devolved matters in Scotland would
.)
normally be promoted by the UK Government only when UK and Scottish Ministers agree
that a particular matter should be covered by a UK or GB-wide Act. This might be the case,
for example, where it is agreed there should be a common regime of enforcement or
regulation, or where (as in the case of the FSA) it is proposed that a new cross-border public
authority should be established.
5.
The convention is likely to be invoked for the first time if the FSA Bill if it is
published in June, as there is a public commitment by the UK Government to seek the
Scottish Parliament's consent before proceeding further at Westminster. Detailed advice is
being prepared by AEFD. The Bill will set a precedent for the Scottish Parliament's consent
being sought to a detailed proposal for legislation in the form of a draft Bill.
(Mr Beaton/Mr Parr, I will need to insert something here if consent is also to be sought for
I
the Financial Services and Markets Bill or the Vienna Sales Convention Bill. I have minuted
you separately about that.]
Bills currently before Westminster
6.
A number of Bills which make provision about devolved matters are likely still to be
before Westminster on D-Day. They are listed in attachment
It is expected that Scottish
Office Ministers will consult the appropriate Scottish Ministers about the handling of the
remaining stages of these Bills. One could make a case that the Scottish Parliament should
be asked formally to consent to the legislative process continuing for these Bills. However,
0524wesl.doc
2
'.
,~~~~~."
there would be little point as the Bills are at advanced~ges
and the Scottish Parliament will
be able to repeal or amend them in due course should it see fit.
7.
Cabinet agreed on 20 May that: the First Minister should make a statement to the
Scottish Parliament explaining the position with regard to these Bills and the convention
about consent for future legislation.
A draft statement
is attached..
,It takes the fonD. of the
answer to an arranged SPQ.
8.
The statement should ideally be made advance of the proposed debate in the Scottish
Parliament on the FSA Bill. 'That is timetabled for [ ], following the expected pub1ication of
the Bill at Westminster on [].
This points to the SPQ being answered on [].
Should MSPs
wish to debate the statement, we would advise conceding a short debate.
Presentation
9.
Most of the Bills on the list have the potential to attract the attention of the media, as
will any announcement by the First Minister.
We therefore prospose
that the statement
should be the subject of a press release.
We will put up that and lines for InD to take for
clearance in due course.
Informing the Secretary
of State
10.
Scottish Office Ministers have an interest both in the Bills listed in the statement and
the working of the proposed convention over the longer term.
We therefore propose, if the
First Minister agrees, to copy the statement to the Secretary of State.
Recommendation
11.
I recommend that, subj ect to the views of other Ministers, the First Minister should:
11.1
agree to the terms of the attached
arranged
SPQ notifying
the Scottish
Parliament
about the expected
convention
about consent
to future Westminster
legislation about devolved matters, and explaining the position of this session's Bills
which may still be before Westminster on D-Day;
0524wesldoc
3
11.2
agree that the statement should be made on [ ], before the expected debate on
the FSABill on [];
11.3
agree that we may copy the proposed statement in advance to the Secretary of
State for Scotland;
11.4
agree that the statement should be the subject of a press release.
IAN WALFORD
ES Cabinet Secretariat
Room 049
SAH
Ext 45532 .
May 1999
OS24wesl.doc
4
fJUNE}
WRITTEN
[The format will obviously have to. be changed to whatever is the form for SPQsJ
SCOTTISH PARLIAMENf
«Name» (<<Constituency»): To ask the Scottish Executive, if it will make a statement about
legislation by the United Kingdom Parliament
about matters within the legislative
competence of the Scottish Parliament.
«(NumbeD»
MR DONALD DEWAR:
There are a number of Bills currently before the United Kingdom Parliament
which make provision about matters which, from 1 July, will be within the legislative
competence of the Scottish Parliament.
It is possible that some of these will still be
under consideration
at Westminster
on 1 July, albeit at advanced
stages of their
passage.
The table lists the Bills concerned.
[The Scottish Ministers
are being
consulted by the Scottish Office about the handling of the remaining stages of this
legislation].
[Can you all please check that this statement will be justified?] It will
be open to the Scottish Parliament to amend or repeals these Bill, once they are
enacted, so far as they makes provision within its legislative competence.
Following devolution, the Westminster Parliament will retain ,ts competence
,
to legislate about any matter, including matters within the legislative competence of
the Scottish Parliament. However, Lord Sewel announce to the House of Lords on 21
July
1998 that the United Kingdom
Government
expects
a convention
to be
established that Westminster would not normally legislate with regard to devolved
matters in Scotland without the consent of the Scottish Parliament.
The Procedure
Committee of the House of Commons has indicated its support for this approach in its
report published on 24 May.
0524wesl.doc
Examples of the circumstances where it might be appropriate for a
Westminster Act to make provision about devolved matters in Scotland might include
those where it is agreed that there should be a common UK. or GB regime of
enfotcementor regulation, or where it is proposed that it new publi~ authority should
be established with cross-border responsibilities. It would be for the United Kingdom
Government and the Scottish Minist~
to agree about such proposals and for the
Scottish Executive to seek the consent of the Scottish Parliament.
[Are any of these now enacted or certain to achieve Royal Assent by 1 July? Ifso, 1
can strike them off the list.}
[Mr Stage, you are checking whether there are any other Bills lurking out there which
nobody has told us about which ought to be on this list.}
Access to Justice Bill. This Bill deals primarily with England & Wales, but includes
contentious provisions about legal aid in Scotland.
These enable the financial
eligibility and contributions tests to be disapplied· for assistance by way of
representation in respect of certain proceedings (e.g. mental health proceedings) [or
for advice and assistance for persons who are in receipt of disability working
allowance.] [1
do not understand the last bit.}
Adoption (Inter-country Aspects) Bill. This Private Member's Bill makes provision
for a legal ftamework for inter-country adoption.
;
Breeding and Sale of Dogs (Welfare) Bill. This Private Member's Bill is intended
to improve the welfare of dogs by imposing·tighter controls on large dog breeding
establishments.
.Health Bill. I This abolishes GP fund-holding, changes the financial arrangements for
, NHS Trusts and imposes a duty of quality on the NHS in Scotland. The powers to
nk.QPmmence
the' Scottish provisions will devolve to the Scottish Ministers.
),
u TCo -
~wiJ.. 'f"'" i.t.•••
~~~r'
ImlD;igration and ,Asylum ~iIl.
This Bill incl~des provision about housing and
l
'.~
.. i, )-
)mamages.
[Can thzs explanation be expanded a bztplease?]
t /J.jf'\fa~~
.r
'\,..
Mental Health (Amendment) (Scotland) Bill. This is a short Private Member's Bill
c (J ~
to amend the Mental Health (S~ot1and)Act 1984 to allow incapable patients who
(
leave hospital to reside in the community to continue to benefit ftom funds held on
their behalf in the hospital.
Motor Cycle and Pedal Cycle Parking Bill.
This Private Peer's Bill includes
provision to permit the provision of stands and racks for motor cycles as well as for
0524wesl.doc
"
r
U
"11"-
pedal cycles and to permit the provision of devices for securing motor cycles or pedal
cycles.
[Scottish Enterprise Bill
This Bill makes provision to increase the limit of central
govemm~t funding'~hich .SE ~an receive. from £3bn to £4bn.]
[Is this one ~ow
enacted?]
Water Industry Bill. This Bill includes provision about the regulation of the Scottish
water industry. It winds up the present Customers Council and establishes the Water
Industry Commissioner for Scotland.
Welfare Reform and Pensions Bill. This Bill is largely concerned with reserved
matters but it includes provision in relation to devolved matters in the area of Scottish
family law in order to allow sharing of pensions on divorce. In the reserved area of
insolvency it also provides for tax-approved personal pensions to be protected on
bankruptcy..
__
co
~
Youth Justice an~inal
Evidence
ill. This Bill includes provision in relation
to devolved matt~
in the area of c "
I evidence and insolvency, for example to
restrict the use by pro'SeGUtors...ofswers and statements given under compulsion.
f
0524wes1.doc
Document Outline
