Committee
Finance and Constitution Committee 14 March 2018
14 Mar 2018 · S5 · Finance and Constitution Committee
Item of business
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill: Stage 2
I welcome amendments 174 and 187 from Ross Greer on the basis that any additional scrutiny of the extensive new powers that the bill grants to the Scottish ministers must be given the committee’s fullest consideration. The amendments in this group are not the only amendments that seek to enhance scrutiny, but my understanding is that they would not pre-empt any other amendments that the committee will consider later. This group therefore presents the committee with an opportunity to agree to a further process for scrutiny of the regulation-making powers that sections 11, 12 and 13 grant to Scottish ministers. That includes requiring the Scottish Government to lay a statement before the Parliament, setting out its own views on an appropriate method of scrutiny, and making it a condition that a committee of the Parliament can recommend an appropriate method of scrutiny. To be clear, we do not believe that Ross Greer’s amendments alone provide enough additional scrutiny, given the scale of the new powers that ministers will acquire. We do, however, believe that these amendments would be a useful addition to the bill and we are minded to support them.
In the same item of business
The Convener (Bruce Crawford)
SNP
Good morning, and welcome to the 10th meeting in 2018 of the Finance and Constitution Committee. I see that we all look bright-eyed and bushy-tailed. It is g...
The Convener
SNP
We continue our consideration of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill. Amendment 115, in the name of Dean Lockhart, i...
Dean Lockhart (Mid Scotland and Fife) (Con)
Con
Amendment 115 is my only amendment in group 10. I will be supporting amendments 9, 14 and 22, and I will speak to amendments 11 to 13, 15, 119, 138, 206 and ...
Neil Bibby (West Scotland) (Lab)
Lab
As Dean Lockhart has said, there are multiple instances throughout part 3 where Scottish ministers could be permitted to exercise significant regulation-maki...
James Kelly (Glasgow) (Lab)
Lab
I will speak to amendments 9, 14 and 22, in the name of Neil Findlay, which I will later move on behalf of my colleague. In essence, the amendments make t...
Tavish Scott (Shetland Islands) (LD)
LD
Amendment 10 is one of a series of amendments that seek to restrict the use of ministerial room for manoeuvre in establishing new regulations. I will move th...
Jamie Greene (West Scotland) (Con)
Con
I will speak to my amendment first, as the other amendments are similarly themed. Mine perhaps stands out as being slightly different. My amendment 134 and ...
The Convener
SNP
Liam Kerr will speak to amendment 206 and other amendments in the group.
Liam Kerr (North East Scotland) (Con)
Con
Section 30(1)(b) sets out a sweeping provision that any power to make regulations that are “incidental, supplementary, consequential, transitional, transito...
Adam Tomkins (Glasgow) (Con)
Con
I will speak briefly on amendments in the group that are in the name of Opposition members who are not Scottish Conservatives. Obviously, the Scottish Conser...
Patrick Harvie (Glasgow) (Green)
Green
I am slightly uncomfortable suggesting that I might have reached the same conclusion as Adam Tomkins; however, I have reached it for very different reasons. ...
Willie Coffey (Kilmarnock and Irvine Valley) (SNP)
SNP
Amendments 11 to 15 from Tavish Scott and Neil Findlay could make it almost impossible to exercise the powers in question. It seems reasonable to retain the ...
The Minister for UK Negotiations on Scotland’s Place in Europe (Michael Russell)
SNP
It is appropriate that we come to section 11 first thing this morning. The issues of proper scrutiny and the way in which ministerial power can be exercised ...
Dean Lockhart
Con
I will make three general points before turning to the minister’s response to the amendments. My first point relates to scrutiny—an issue that has been raise...
The Convener
SNP
The question is, that amendment 115 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Bibby, Neil (West Scotland) (Lab) Burnett, Alexander (Aberdeenshire West) (Con) Fraser, Murdo (Mid Scotland and Fife) (Con)...
The Convener
SNP
The result of the division is: For 5, Against 6, Abstentions 0. Amendment 115 disagreed to. Amendment 116 moved—Neil Bibby.
The Convener
SNP
The question is, that amendment 116 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Bibby, Neil (West Scotland) (Lab) Burnett, Alexander (Aberdeenshire West) (Con) Fraser, Murdo (Mid Scotland and Fife) (Con)...
The Convener
SNP
The result of the division is: For 5, Against 6, Abstentions 0. Amendment 116 disagreed to. Amendment 117 moved—Neil Bibby.
The Convener
SNP
The question is, that amendment 117 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Bibby, Neil (West Scotland) (Lab) Burnett, Alexander (Aberdeenshire West) (Con) Fraser, Murdo (Mid Scotland and Fife) (Con)...
The Convener
SNP
The result of the division is: For 5, Against 6, Abstentions 0. Amendment 117 disagreed to. Amendment 118 moved—Neil Bibby.
The Convener
SNP
The question is, that amendment 118 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Bibby, Neil (West Scotland) (Lab) Burnett, Alexander (Aberdeenshire West) (Con) Fraser, Murdo (Mid Scotland and Fife) (Con)...
The Convener
SNP
The result of the division is: For 5, Against 6, Abstentions 0. Amendment 118 disagreed to.
The Convener
SNP
If amendment 119, in the name of Neil Bibby, is agreed to, I cannot call amendment 9, because there is a pre-emption. Amendment 119 moved—Neil Bibby.
The Convener
SNP
The question is, that amendment 119 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Bibby, Neil (West Scotland) (Lab) Burnett, Alexander (Aberdeenshire West) (Con) Fraser, Murdo (Mid Scotland and Fife) (Con...
The Convener
SNP
The result of the division is: For 5, Against 6, Abstentions 0. Amendment 119 disagreed to. Amendment 9 moved—James Kelly.