Meeting of the Parliament 22 February 2017
The Liberal Democrats will vote against the legislative consent motion at decision time. I find it astonishing that the Scottish Government has brought it before us today. The legislative consent process was designed as a simple means to allow smooth passage of non-controversial legislation on devolved matters that could be dealt with by Westminster as a matter of convenience, with the consent of the Scottish Parliament.
Part 5 of Westminster’s Digital Economy Bill is highly controversial. For the benefit of members of the Scottish Parliament who have not been made aware of its contents, let me oblige. As the bill proceeds through the House of Lords, its Delegated Powers and Regulatory Reform Committee report said:
“we do not consider it appropriate for Ministers to have the power to decide by delegated legislation which authorities should be entitled to disclose or receive information under this potentially far-reaching and broadly drafted gateway”.
We should make no mistake—the powers will entitle Scottish ministers to decide who can receive and transfer information that is protected under data protection legislation. The bill that is going through Westminster has been described by that same committee as giving ministers Henry VIII powers of the Crown.
Is this the new Scotland of the 21st century that we all want? Scottish ministers should be embarrassed and Scottish National Party MSPs should have been asking serious questions of their Government colleagues. The situation is surely embarrassing for Scottish ministers. They know that if such a legislative change was brought to this chamber, where it could be properly examined, it would never see the light of day in the form that it is in now.
It is convenient for Scottish ministers to move the legislative consent motion. If it is passed tonight, it will allow Westminster to confer on Scottish ministers almost unfettered power to drive a coach and horses through our data protection legislation.
I address my next remarks specifically to SNP back benchers. I can almost hear them thinking, “No, our ministers wouldn’t do that.”