With this it will be convenient to discuss the following:
Amendment 37, page 1, line 7, leave out “is recognised as” and insert “shall be”.
Amendment 17, page 1, line 7, leave out “recognised as”.
Amendment 58, page 1, leave out lines 7 and 8 and insert—
‘(1A) The Scottish Parliament is a permanent part of the United Kingdom’s constitution.
(1B) Subsection (1) or (1A) may be repealed only if—
(a) the Scottish Parliament has consented to the proposed repeal, and
(b) a referendum has been held in Scotland on the proposed repeal and a majority of those voting at the referendum have consented to it.”
This amendment is to ensure that the Scottish Parliament can only be abolished with the consent of the Scottish Parliament and the Scottish people after a referendum.
Amendment 38, page 1, line 8, at end insert
“and may not be abolished without the consent of the Scottish people given effect by an Act of the Scottish Parliament”.
Amendment 18, page 1, line 12, leave out “recognised as”.
Amendment 59, page 1, leave out lines 12 and 13 and insert—
‘(1A) The Scottish Government is a permanent part of the United Kingdom’s constitution.
(1B) Subsection (1) or (1A) may be repealed only if—
(a) the Scottish Parliament has consented to the proposed repeal, and
(b) a referendum has been held in Scotland on the proposed repeal and a majority of those voting at the referendum have consented to it.”
This amendment is to ensure that the Scottish Parliament can only be abolished with the consent of the Scottish Parliament and the Scottish people after a referendum.
Clause 1 stand part.
Amendment 89, in clause 11, page 13, line 42, at end insert—
‘(2A) In paragraph 4 of Schedule 4 (protection of Scotland Act 1998 from modification), insert new sub-paragraph—
“(5A) This paragraph does not apply to amendments to Schedule 5, Part II, Head A, Section A1 insofar as they relate to:
(a) taxes and excise in Scotland,
(b) government borrowing and lending in Scotland, and
(c) control over public expenditure in Scotland.”
This amendment would enable the Scottish Parliament to amend the Scotland Act 1998 to remove the reservation on taxation, borrowing and public expenditure in Scotland, with the effect that the Scottish Parliament could then legislate in these areas to provide for full fiscal autonomy in Scotland.
New clause 2—Constitutional convention—
‘(1) The Prime Minister shall establish a Constitutional Convention within one month of the day on which this act is passed.
(2) The Chair and Members of the Constitutional Convention shall be appointed in accordance with a process to be laid before, and approved by, resolution in each House of Parliament.
(3) The Chair of the Constitutional Convention is not permitted to be a Member of Parliament or a member of a political party.
(4) Members of the Constitutional must include, but not be limited to, the following—
(a) members of the public, chosen by lot through the jury system, who shall comprise the majority of those participating in the convention;
(b) elected representatives at all levels;
(c) representatives of civil society organisations and, in an advisory role, academia.
(5) The Constitutional Convention shall review and make recommendations in relation to future governance arrangements for the United Kingdom, including but not limited to the following—
(a) the role and voting rights of Members of the House of Commons;
(b) democratic reform of the House of Lords;
(c) further sub-national devolution within England;
(d) codification of the constitution.
(6) The Constitutional Convention shall engage in widespread consultation across the nations and regions of the UK, and must provide a report to both Houses of Parliament by 31 March 2016.
(7) The Secretary of State must lay before both Houses of Parliament a formal response to each recommendation of the Constitutional Convention within four months of the publication of the final report from the Constitutional Convention.’
This New Clause provides an outline for a Constitutional Convention selected from the widest possible number of groups in society to analyse and design future governance arrangements for the United Kingdom, and to report by 31 March 2016.
New clause 3—Transfer of reserved matters—
‘(1) Schedule 5 (which defines reserved matters) to the Scotland Act 1998, has effect with the following modifications.
(2) In Part I (general reservations) omit paragraph 6 (political parties).
(3) Part II (specific reservations) is omitted.
(4) Insert Part IIA (UK pensions liability) as follows—