Legislative Consent Motions
Session 4 2011 - 2016
This provides a list of Legislative Consent Motions considered in the fourth Scottish Parliament 2011-2016; an explanatory Legislative Consent Memorandum is attached for each motion together with links to the relevant committee consideration and debate in the Scottish Parliament Official Report (SP OR ). Memorandums lodged in respect of Bills where no Motion was proposed are also included.
119. Finance (No.3) Bill:
That the Parliament agrees that provisions of the Finance (No.3) Bill 2011, introduced in the House of Commons on 31 March 2011, in relation to Scottish agricultural levies and local taxes and relating to the transposition of Directive 2010/24/EU on mutual assistance for the recovery of claims relating to taxes, duties and other measures, so far as these matters fall within the legislative competence of the Scottish Parliament or the executive competence of the Scottish Ministers, should be considered by the UK Parliament. SP: OR 30 June 2011(Considered by Fiance Committee 22 June 2011 SP: OR 22 June 2011)
120. London Olympic Games and Paralympic Games (Amendment) Bill:
That the Parliament agrees that the relevant provisions of the London Olympic Games and Paralympic Games (Amendment) Bill, introduced in the House of Commons on 16 March 2011, relating to the advertising, street trading and ticket touting provisions, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR 5 October 2011 (Considered by Health and Sport Committee on 27 September 2011 SP: OR 27 September 2011)
121. Terrorism Prevention and Investigation Bill:
That the Parliament agrees that the relevant provisions of the Terrorism Prevention and Investigation Measures Bill, introduced in the House of Commons on 23 May 2011, as amended, relating to powers of seizure of evidence and the use of forensic data and the order making powers that would enable the imposition of enhanced measures in exceptional circumstances, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 17 November 2011 (Discussed by Justice Commitee 8 November 2011 SP OR: 8 November 2011)
122. Legal Aid, Sentencing and Punishment of Offenders Bill:
That the Parliament agrees that the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Bill, introduced in the House of Commons on 21 June 2011, relating to Council Framework Decision 2008/909/JHA on prisoner transfer, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 7 December 2011 (Discussed by Justice Committee on 15 November 2011 SP OR: 15 November 2011)
123. Welfare Reform Bill:
(As amended) That the Parliament supports the principle of a welfare system that is simpler, makes work pay and lifts people out of poverty but regrets that this principle, insofar as it is reflected by the introduction of universal credit and personal independence payments, is being undermined by the UK Government’s deep and damaging cuts to benefits and services that will impact on some of the most vulnerable people in Scotland; on the matter of legislative consent, agrees that the relevant provisions of the Welfare Reform Bill, introduced in the House of Commons on 16 February 2011, in respect of data sharing, Industrial Injuries Disablement Benefit and the Social Mobility and Child Poverty Commission, so far as these matters fall within the legislative competence of the Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament; further agrees that the provisions in the Bill that give the Scottish Ministers the power to make consequential, supplementary, incidental or transitional provisions, by regulations, in relation to the introduction of universal credit and personal independence payments, so far as these matters fall within the legislative competence of the Parliament, or alter the executive competence of the Scottish Ministers, should not be considered by the UK Parliament but that the necessary provision should be made instead by an Act of the Scottish Parliament; also agrees that an ad-hoc welfare committee should be convened with a remit to consider the implementation of the Welfare Reform Bill insofar as it affects people in Scotland, in particular the impact on passported benefits and, where benefits are devolved, the principles and operation of these, complementing the work of other relevant committees in the Scottish Parliament, UK Parliament and devolved assemblies across the UK and that this committee should continue to meet for the duration of the current parliamentary session; while agreeing the above position, urges the UK Government to reconsider the Welfare Reform Bill and, more broadly, its welfare reform agenda, which the Parliament considers will adversely affect vulnerable people across Scotland. SP OR: 22 December 2011. (Discussed by Health and Sport Committee).
124. Financial Services Bill (2):
That the Parliament agrees that the relevant provisions of the Financial Services Bill, introduced in the House of Commons on 26 January 2012, relating to the enhancement of understanding and knowledge of the public of financial matters and the ability of members of the public to manage their own financial affairs, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 28 March 2012. (Discussed by Finance Committee on 14 March 2012 SP OR 14 March 2012).
125. Finance (No.4) Bill:
That the Parliament agrees that the relevant provisions of the Finance (No.4) Bill 2012, introduced in the House of Commons on 26 March 2012, relating to tax incentives for philanthropic gifts (Cultural Gifts Scheme), so far as these matters alter the executive competence of Scottish Ministers, should be considered by the UK Parliament. SP OR: 30 March 2012 (Discussed by Education and Culture Committee on 8 May 2012 SP OR: 8 May 2012)
126. Scotland Bill (2):
That the Parliament, further to motion S3M-8114 passed on 10 March 2011, notes the letters exchanged between the Scottish and UK governments on 21 March 2012 and agrees that the Scotland Bill, introduced in the House of Commons on 30 November 2010, as amended, should be considered by the UK Parliament. SP OR: 18 April 2012. (Discussed by Scotland Bill Committee on 27 March 2012 SP OR: 27 March 2012).
127. Devolution (Time) Bill:
No legislative consent motion brought forward for Devolution (Time) Bill.
128. Crime and Courts Bill:
That the Parliament agrees that the relevant provisions of the Crime and Courts Bill, introduced in the House of Lords on 10 May 2012, relating to the establishment of the National Crime Agency, for a new drug-driving offence and to allow those detained in Scotland by immigration officers to be able to access legal advice on the same terms as those detained by police officers, so far as these matters fall within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament. SP OR: 28 June 2012. (Discussed by Justice Committee SP OR: 19 June 2012)
128A. Crime and Courts Bill (Supplementary Memorandum):
That the Parliament agrees that the relevant provisions of the Crime and Courts Bill, introduced in the House of Lords on 10 May 2012, relating to amendments to the Proceeds of Crime Act 2002, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 28 February 2013. (Discussed by Justice Committee on 19 February 2013 SP OR: 19 February 2013)
129. Electoral Registration and Administration Bill:
That the Parliament agrees that the relevant provisions of the Electoral Registration and Administration Bill, introduced in the House of Commons on 10 May 2012, relating to individual electoral registration and absent voting and rejected postal votes, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 27 June (Discussed by Local Government and Regeneration Committee SP OR: 20 June 2012)
130. Local Government Finance Bill:
That the Parliament agrees that the relevant provisions of the Local Government Finance Bill, introduced in the House of Commons on 19 December 2011, which relates to the establishment of a data sharing gateway for purposes relating to council tax liability, in so far as these matters fall within the executive competence of the Scottish Ministers, should be considered by the UK Parliament. SP OR: 27 June 2012 (Discussed by Local Government and Regeneration Committee SP OR: 20 June 2012)
131. Enterprise and Regulatory Reform Bill:
That the Parliament agrees that the relevant provisions of the Enterprise and Regulatory Reform Bill, introduced in the House of Commons on 23 May 2012, relating to the “green purpose” of the UK Green Investment Bank, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 18 September 2012. (Discussed by Finance Committee on 5 September SP OR: 5 September 2012)
131A. Enterprise and Regulatory Reform Bill (Supplementary Memorandum 1):
That the Parliament agrees that the relevant provisions of the Enterprise and Regulatory Reform Bill, introduced in the House of Commons on 23 May 2012, relating to midata, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR 19 February 2013.(Discussed by Economy, Energy and Tourism Committee on 23 January SP OR: 23 January 2013)
131B. Enterprise and Regulatory Reform Bill (Supplementary Memorandum 2):
That the Parliament agrees that the relevant provisions of the amendment to the UK Enterprise and Regulatory Reform Bill, tabled in the House of Lords on 25 February 2013, relating to the power to add to supplies protected under the Insolvency Act 1986, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR 7 March 2013. (Discussed by Economy, Energy and Tourism Committee on 6 March)
132. Defamation Bill:
That the Parliament agrees that the relevant provisions of the Defamation Bill, introduced in the House of Commons on 10 May 2012, relating to the privilege which may apply in respect of peer-reviewed material in scientific or academic journals and reports of proceedings of scientific or academic conferences, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 04 October 2012. (Discussed by Justice Committee on 4, 18 and 25 September SP OR: 4 September 2012, SP OR: 18 September 2012, SP OR: 25 September 2012)
133. Prisons (Interference with Wireless Telegraphy) Bill:
That the Parliament agrees that the relevant provisions of the Prisons (Interference with Wireless Telegraphy) Bill introduced in the House of Commons on 20 June 2012, relating to the interference with wireless telegraphy in order to prevent the use of electronic communications devices (including mobile telephones) in, or detect or investigate the use of such devices within, prisons and young offender’s institutions,so far as these matters fall within the executive competence of Scottish Ministers, should be considered by the UK Parliament. SP OR: 8 November 2012. (discussed by Justice Committee 25 September, 2 October and 30 October SP OR: 25 September 2012, SP OP: 2 October 2012, SP OR: 30 October 2012)
134. Statute Law (Repeals) Bill:
That the Parliament agrees that the relevant provisions of the Statute Law (Repeals) Bill, introduced in the House of Lords on 10 October 2012, relating to Statute Law Repeals, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 27 November 2012. (Discussed by Justice Committee on 30 October and 6 November SP OR: 30 October 2012, SP OR: 6 November 2012)
135. Growth and Infrastructure Bill:
That the Parliament agrees that the provisions of the Growth and Infrastructure Bill, introduced in the House of Commons on 18 October 2012, relating to the conferral of new powers on the Scottish Ministers to vary consents granted under Section 36 of the Electricity Act 1989 for the construction, extension or operation of electricity generating stations and to the amendment of the Town and Country Planning (Scotland) Act 1997 in relation to the grant and variation of deemed planning permissions either in relation to such generating stations and ancillary development or in relation to overhead electric lines and ancillary development, should, insofar as these matters fall within the legislative competence of the Scottish Parliament or confer new functions on the Scottish Ministers, be considered by the UK Parliament. SP OR: 18 December 2012. (Discussed by Economy, Energy and Tourism Committee on 14 and 28 November SP OR: 14 November 2012, SP OR: 28 November 2012)
136. Marine Navigation Bill:
That the Parliament agrees that the relevant provisions of the Marine Navigation (No. 2) Bill, introduced in the House of Commons on 20 June 2012, relating to the Harbours Act 1964 and the Pilotage Act 1987, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament. SP OR: 19 December 2012. (Discussed by Infrastructure and Capital Investment Committee on 12 December SP OR: 12 December 2012)
Under Consideration