Scotland Bill — Powers to intervene in certain cases — 12 May 1998
I beg to move amendment No. 61, in page 53, line 9, at end insert--
'(1A) The parliamentary constituencies to which paragraph 1(c) applies are those determined by the Parliamentary Constituencies (Scotland) Order 1995, or those Scottish Parliamentary constituencies determined following a report of the Boundary Commission for Scotland as determined by paragraph 3 of this Schedule, except a parliamentary constituency including either of those islands referred to in paragraphs 1(a) and 1(b).'.
3. (1) The Boundary Commission for Scotland shall keep under review the representation in the Scottish Parliament and shall submit to the Scottish Executive a report either:
(a) showing the constituencies into which they recommend that Scotland should be divided in order to give effect to the rules set out in Schedule 2 (subject to paragraph 7 thereof) to the Parliamentary Constituencies Act 1986 (hereinafter referred to as the 1986 Act) in so far as they apply to Scotland, or
(b) stating that, in the opinion of the Commission, no alteration is required to be made in order to give effect to the rules set out in Schedule 2 to the 1986 Act (subject to paragraph 7 thereof).
(2) Notwithstanding the provisions of section 81 of this Act, the rules in Schedule 2 of the 1986 Act as they apply to Scotland shall have effect in relation to the redistribution of the Parliamentary constituencies in paragraph 1(c).
(3) Subject to sub-paragraph (5), the provisions in sections 3, 5 and 6 of the 1986 Act shall, in so far as they apply to Scotland, have effect in relation to the reports and the workings of the Boundary Commission for Scotland's review of Parliamentary constituencies for the Scottish Parliament.
(4) Subject to sub-paragraph (5), the provisions in section 4 of the 1986 Act shall have effect in relation to the draft of any Order in Council laid before the Scottish Parliament by the Scottish Executive for giving effect, whether with or without modifications, to the recommendations contained in the report of the Boundary Commission for Scotland.
(5) References to the Secretary of State in the 1986 Act shall, for the purposes of this paragraph, be construed as references to the Scottish Executive and references to "Parliament" in the 1986 Act shall be construed as references to the Scottish Parliament.
and the integrity of the corrective effect of the additional members. This function will be performed by the Boundary Commission for Scotland."
That is precisely what the amendments seek to do--to retain a Parliament of 129 Members irrespective of a change in the number of Scottish Members at Westminster.
When the matter was raised in Committee, the Minister said:
"there are arguments on both sides, but we believe that the Bill strikes the right balance. I am mindful that he might not wish to press the amendments to a vote this evening; if that is the case, we shall have a chance to look further at the arguments involved."--[ Official Report , 28 January 1998; Vol. 305, c. 456.]
I am grateful to the Minister for looking further. I hope that my arguments in Committee and here will prove to be compelling.
Amendment, by leave, withdrawn.
I beg to move amendment No. 26, in page 3, line 12, at end insert--
'( ) A registered political party's regional list has effect in relation to the general election and any vacancy occurring among the regional members after that election and before the next general election'.
Amendment agreed to.
It being three and a half hours after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker , pursuant to the Order [13 January] and the Resolution [this day], put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.
Amendment made: No. 27, in page 3, line 13, at end insert
Amendment made: No. 28, in page 4, line 29, leave out from 'list' to end of line 30 and insert--
'( ) For the purposes of this section and section 9, a person in a registered political party's regional list who is returned as a member of the Parliament shall be treated as ceasing to be in the list (even if his return is void)'.-- [Mr. McLeish.]
Amendments made: No. 29, in page 5, line 22, leave out 'was' and insert 'is'.
No. 30, in page 5, line 22, leave out from 'list' to 'and' in line 23.-- [Mr. McLeish.]
Amendments made: No. 31, in page 6, line 16, leave out 'and'.
No. 32, in page 6, line 17, after 'where' insert 'the poll at'.
No. 33, in page 6, line 18, leave out 'countermanded or abandoned' and insert
'abandoned (or notice of it is countermanded)'.
No. 34, in page 6, line 19, at end insert
'and
( ) for modifying section 7(6) to ensure the allocation of the correct number of seats for the region.
( ) The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 9(4) and (5)'.-- [Mr. McLeish.]
Amendments made: No. 35, in page 7, line 13, leave out 'holds an office' and insert 'is an office-holder'.
No. 36, in page 7, line 15, leave out
'A person who holds an office'
and insert 'An office-holder'.
No. 37, in page 7, line 18, leave out 'that office' and insert 'the office-holder'.
No. 38, in page 7, line 18, at end insert--
'( ) In this section "office-holder" includes employee or other post-holder.'.-- [Mr. McLeish.]
Amendment made: No. 128, in page 8, line 6, at end insert--
'( ) Subsection (2) also has effect subject to section 141 of the Mental Health Act 1983 (mental illness) and section 427 of the Insolvency Act 1986 (sequestration etc); and where, in consequence of either of those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but--
(a) he shall not participate in any proceedings of the Parliament, and
(b) any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament.'.-- [Mr. McLeish.]
I beg to move amendment No. 39, in page 9, line 18, leave out from first 'the' to end of line 20 and insert
'functions conferred on the corporation by virtue of this Act or any other enactment'.
Amendment agreed to.
I beg to move amendment No. 106, in page 10, line 5, at end insert--
'(3) The standing orders shall include a requirement for every member elected to the Scottish Parliament to be requested to make the following affirmation:
"I do hereby acknowledge the sovereign right of the Scottish people to determine the form of Government best suited to their needs, and do hereby declare and pledge that in all our actions and deliberations their interests shall be paramount.".
and no other affirmation or oath shall be required of members of the Scottish Parliament.'.
Amendment negatived.
I beg to move amendment No. 111, in page 57, line 39, after 'sub-committees', insert
'other than regional committees and regional sub-committees.'.
It being four and a half hours after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker , pursuant to the Order [13 January] and the Resolution [this day], put forthwith the Question already proposed from the Chair.
Amendment negatived.
I beg to move amendment No. 129, in page 11, line 7, leave out 'statutory'.
Mr. Deputy Speaker:
With this, it will be convenient to discuss the following amendments: Government amendments Nos. 137 to 145, 159, 183 to 186, 259, 262, 263 and 198 to 201.
Amendment agreed to .
Amendment made: No. 41, in page 11, line 28, leave out from 'functions' to end of line 30 and insert--
Amendments made: No. 42, in page 12, line 17, leave out 'without reasonable excuse'.
No. 43, in page 12, line 19, after 'refuses', insert 'or fails'.
No. 44, in page 12, line 23, leave out 'without reasonable excuse'.
No. 45, in page 12, line 26, at end insert--
'( ) It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure.'.-- [Mr. McFall.]
I beg to move amendment No. 130, in page 14, line 6, at end insert
'or confer or remove functions exercisable otherwise than in or as regards Scotland'.
It being five and a half hours after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker, pursuant to the Order [13 January] and the Resolution [this day], put forthwith the Question already proposed from the Chair.
Amendment agreed to.
Amendments made: No. 131, in page 14, leave out line 7 and insert--
Amendments made: No. 223, in page 58, line 8, leave out from beginning to 'does' and insert--
European Communities Act 1972
1B.--(1) The following provisions of the European Communities Act 1972 shall not be modified:
Section 1 and Schedule 1,
Section 2, other than subsection (2), the words following "such Community obligation" in subsection (3) and the words "subject to Schedule 2 to this Act" in subsection (4),
Section 3(1) and (2),
Section 11(2).
(2) Sub-paragraph (1), read with section 28(2)(b), is to be disregarded for the purpose of determining whether the exercise of any function is within or outside devolved competence.
Human Rights Act 1998
1C.--(1) The Human Rights Act 1998 shall not be modified.
(2) Sub-paragraph (1) does not apply to the modification of sections 12 and 20 of that Act, so far as those sections relate to the exercise of a power by a member of the Scottish Executive.
(3) Sub-paragraph (1), read with section 28(2)(b), is to be disregarded for the purpose of determining whether the exercise of any function (other than a function of making, confirming or approving subordinate legislation so far as it modifies that Act) is within or outside devolved competence.
(4) Sub-paragraph (3) does not apply to the exercise of a function under any of sections 1, 5 and 14 to 17 of that Act.
Enactments modified by this Act
. The amendments of enactments made by paragraphs 1, 3 and 17 of Schedule 7 shall not be modified so far as relating to the Advocate General.
. The effect of section 106(3) in relation to any provision of an Act of Parliament relating to judicial salaries shall not be modified.
Amendment made: No. 256, in page 15, leave out lines 3 and 4.-- [Mr. Dewar.]
I beg to move amendment No. 1, in page 16, leave out lines 11 to 34.
Mr. Deputy Speaker:
With this, it will be convenient to discuss the following amendments: No. 5, in page 16, line 12, leave out
Amendment negatived .
Amendment proposed: No. 5, in page 16, line 12, leave out
Question put, That the amendment be made:--
The House divided: Ayes 132, Noes 296.
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