Scotland Bill — Remuneration of members of the Parliament and Executive — 19 May 1998

I beg to move amendment No. 46, in page 20, line 8, at end insert--

'( ) The First Minister shall not seek Her Majesty's approval for any appointment under this section without the agreement of the Parliament.'.

Amendment No. 46 fulfils the commitment that I gave in Committee to my hon. Friend the Member for Falkirk, East (Mr. Connarty), and will provide a role for the Parliament in the appointment of junior Scottish Ministers. That will bring the appointment procedure for junior Ministers into line with that for other Scottish Ministers.

The Bill requires the Parliament to nominate the First Minister, who will be appointed by the Queen on the recommendation of the Presiding Officer. The First Minister will have to obtain the agreement of the Parliament and the approval of Her Majesty before appointing Scottish Ministers, and the amendment provides a similar role for the Parliament in the appointment of junior Scottish Ministers.

Amendment agreed to.

I beg to move amendment No. 133, in page 20, line 18, leave out from 'appoint' to end of line 19 and insert

'persons to be members of the staff of the Scottish Administration'.

Amendment agreed to.

Amendments made: No. 134, in page 20, leave out lines 21 to 25 and insert--

Amendments made: No. 141, in page 22, line 3, leave out from beginning to end of line 14 and insert--

'(1) References in this Act to the exercise of a function being within or outside devolved competence are to be read in accordance with this section.

(2) It is outside devolved competence--

(a) to make any provision by subordinate legislation which would be outside the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, or

(b) to confirm or approve any subordinate legislation containing such provision.

(3) In the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or exercise it in any way) so far as a provision of an Act of the Scottish Parliament

conferring the function (or, as the case may be, conferring it so as to be exercisable in that way) would be outside the legislative competence of the Parliament'.

No. 142, in page 22, line 15, leave out from 'made' to 'by' in line 16 and insert

'confirmed or approved, or purporting to be made, confirmed or approved'.-- [Mr. McLeish.]

Amendment made: No. 143, in page 22, line 29, at end insert--

'( ) any Order in Council under section 1 of the United Nations Act 1946 (measures to give effect to Security Council decisions),'.-- [Mr. McLeish.]

Amendment made: No. 144, in page 24, line 24, leave out from beginning to 'retained' in line 26 and insert

'within devolved competence, other than'.-- [Mr. McLeish.]

Amendment made: No. 145, in page 25, line 19, leave out 'statutory'.-- [Mr. McLeish.]

I beg to move amendment No. 147, in page 26, leave out lines 31 to 32 and insert--

'( ) The Fund shall be held with the Paymaster General.'

It being one hour and fifteen minutes after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker, pursuant to the Order [13 January] and the Resolution [12 May], put forthwith the Question already proposed from the Chair .

Amendment agreed to.

Amendment made: No. 47, in page 29, line 34, leave out '1997-98' and insert '1998-99'.-- [Mr. McLeish.]

Amendment made: No. 48, in page 32, line 43, leave out '1997-98' and insert '1998-99'.-- [Mr. McLeish.]

I beg to move amendment No. 22, in page 35, line 24, at beginning insert

'Subject to subsections (6) to (8) below,'.

It being one hour and thirty minutes after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker, pursuant to the Order [13 January] and the Resolution [12 May], put forthwith the Question already proposed from the Chair.

Question put, That the amendment be made:--

The House divided: Ayes 121, Noes 308.

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