Skip to main content

Government: Legislative Programme for Scotland

Volume 706: debated on Thursday 4 December 2008

Statement

My right honourable friend the Secretary of State for Scotland has made the following Written Ministerial Statement.

The legislative programme for the fourth Session was unveiled in the Queen’s Speech on 3 December. All of the Bills announced in the Queen’s Speech contain provisions that apply to Scotland. This is a programme that will significantly benefit Scots from all walks of life.

In this Session the Government will take forward measures to ensure fair rules, fair chances and fair futures for people across Scotland and the rest of the United Kingdom.

This Statement includes a summary of the legislation announced in the Queen’s Speech and its application to Scotland. This Statement includes both new Bills that will be introduced in the coming weeks and months and those Bills that are carrying over from the last Session. It does not include draft Bills. The Bills listed in section one are not likely to contain provisions requiring the consent of the Scottish Parliament. Section two details Bills that are likely to contain provisions that require the legislative consent of the Scottish Parliament (LCM) in line with the Sewel convention. A brief description is provided of the provisions likely to require consent.

The list also identifies the lead government department:

UK Legislation unlikely to contain provisions requiring the consent of the Scottish Parliament at introduction:

The Bills in this section deal largely with reserved matters. Discussions will continue between the Government and the Scottish Ministers to ensure that, if provisions relating to matters which trigger the Sewel convention are included in any of these Bills during their passage at Westminster, the consent of the Scottish Parliament will be sought for them:

Banking (HMT) (introduced in the third Session);

Borders, Immigration and Citizenship (HO);

Child Poverty (Child Poverty Unit);

Health (DoH)*;

Political Parties and Elections (MoJ) (introduced in the third Session); and

Savings Gateway (HMT).

* whilst healthcare is predominately a devolved matter, the provisions in this Bill extending to Scotland do not require an LCM

Legislation likely to contain provisions requiring the consent of the Scottish Parliament at introduction:

Discussions will continue between the Government and the Scottish Ministers on Bills that might include provisions that trigger the Sewel convention. The Bills identified within the Queen’s Speech in this section are as follows:

Children, Skills and Learning (DCFS)—the Bill allows for arrangements between UK and Scottish Ministers to be made in relation to the provision of education and training services which will require an LCM. The Bill will also include reserved measures on the right to request time off to train.

Coroners and Justice (MoJ)—The Bill will include devolved measures, that require an LCM, on criminal memoirs and the transposition of the services directive.

Equality Bill (GEO)—equal opportunities is a reserved matter. This Bill will require an LCM, as it will amend the Scottish Ministers functions by allowing them to impose specific public sector duties on Scottish public bodies for the three new strands.

Local Democracy, Economic Regeneration and Construction (DCLG)—The Bill requires an LCM for devolved measures that relate to the construction industry supply chain. Specifically, these will improve clarity on cash flow and encourage parties to resolve disputes by adjudication rather than by litigation. Additionally the Bill will repeal un-commenced provisions in the Political Parties, Elections and Referendums Act that apply to Scotland which relate to the Boundary Committee.

Marine and Coastal Access (Defra)—This Bill will greatly improve the way the UK uses its vast natural marine resources and maximises the benefits it gets from them, balancing competing, economic, ecological and social interests. The Bill will enable a single UK-wide Marine Policy Statement to be drawn up by UK Ministers in conjunction with the devolved Administrations. An LCM will be required to make Scottish Ministers the marine planning authority and to give them powers to designate marine conservation zones for the Scottish offshore region. They will also have responsibility for marine licensing in relation to many activities in the Scottish offshore region.

Policing and Crime (HO)—This Bill will include a significant range of reserved provisions that will extend to Scotland. The Bill will also include measures that provide for the recognition and enforcement of English and Welsh football banning orders in Scotland, which will require an LCM.

Welfare Reform and Birth Registration (DWP)—Social Security is a reserved matter and the Bill will include wider-ranging reserved provisions that will extend to Scotland. An LCM will be required to confer a regulation-making power upon the Scottish Ministers so that they may include devolved funding streams within the “right to control”.