With this it will be convenient to discuss the following:
Amendment 21, page 11, line 27, at end add—
“(aa) the period between general elections specified in section 2(2)”.
Amendment 22, page 11, line 30, at end add—
“(ba) the alteration of boundaries of constituencies, regions, or any equivalent electoral area”.
Amendment 63, page 11, line 39, after “unless”, insert
“it is passed without division, or”.
Amendment 64, page 12, line 18, at end insert—
“(2A) He shall not make a reference by virtue of paragraph (a) of subsection (2) if the Parliament resolves that it wishes to reconsider the Bill.
(2B) He shall not make a reference by virtue of paragraph (b) of subsection (2) if—
(a) the Bill was passed without a division, or
(b) the Bill was passed on a division and the number of members voting in favour of it was at least two thirds of the total number of seats for members of the Parliament.”
This amendment establishes that a Bill passed by consensus in the Scottish Parliament (i.e. without a division) automatically meets the super-majority requirement and ensures that a Presiding Officer’s statement is not required if the super-majority requirements are not triggered.
Amendment 65, page 12, line 23, at end insert—
“(3A) Subsection (3B) applies where—
(a) a reference has been made in relation to a Bill under this section, and
(b) the reference has not been decided or otherwise disposed of.
(3B) If the Parliament resolves that it wishes to reconsider the Bill—
(a) the Presiding Officer shall notify the Advocate General, the Lord Advocate and the Attorney General of that fact, and
(b) the person who made the reference in relation to the Bill shall request the withdrawal of the reference.”
Amendment 66, page 12, line 27, leave out subsections (11) and (12) and insert—
“(10A) In subsection (4) after paragraph (a) insert—
“(aa) where section 32A(2)(b) applies—
(i) the Supreme Court decides that the Bill or any provision of the Bill relates to a protected subject matter, or
(ii) a reference has been made in relation to the Bill under section 32A and the Parliament subsequently resolves that it wishes to reconsider the Bill.”
(10B) After that subsection insert—
“(4A) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its rejection if (and only if), where section 32A(2)(a) applies—
(a) the Supreme Court decides that the Bill or any provision of the Bill does not relate to a protected subject matter, or
(b) the Parliament resolves that it wishes to reconsider the Bill.””
Clause 10 stand part.
Amendment 67, in clause 11, page 13, line 4, at end insert—
“(1A) In paragraph 1 of Schedule 4 (protection of Scotland Act 1998 from modification), delete ‘(2)(f) the Human Rights Act 1998’”
This amendment would remove the Human Rights Act 1998 from the list of protected provisions in Schedule 4 of the Scotland Act 1998.
Amendment 68, page 13, line 10, paragraph (a)(ii), leave out “(3)” and insert “(2B)”.
Amendments 68 to 88 to Clause 11 would grant the Scottish Parliament powers to make decisions about all matters relating to the arrangements and operations of the Scottish Parliament and Scottish Government as agreed in the Smith Commission.
Amendment 69, page 13, line 11, paragraph (a)(iii), leave out “11” and insert “12”.
Amendment 70, page 13, line 12, paragraph (a)(iv), leave out from “section” to the end and insert “sections 13 to 27,”.
Amendment 71, page 13, line 13, paragraph (a)(v), leave out from “(v)” to the end and insert “section 28(1) to (6),”.
Amendment 72, page 13, line 14, paragraph (a)(vi), leave out from “(vi)” to the end and insert “sections 29(2)(e)”.
Amendment 73, page 13, line 15, paragraph (a)(vii), leave out “27(1) and (2)” and insert “31”.
Amendment 74, page 13, line 16, paragraph (a)(viii), leave out “28(5)” and insert “32(1) to (3),”.
Amendment 75, page 13, line 17, paragraph (a)(ix), leave out “(1)(a) and (b) and (2) and (3)”.
Amendment 76, page 13, line 18, paragraph (a)(x), leave out “39” and insert “38”.
Amendment 77, page 13, line 21, paragraph (b)(i), leave out “44(1B)(a) and (b), and (2)” and insert “44(1C), (2) and (4),”.
Amendment 78, page 13, line 22, paragraph (b)(ii), leave out “(3) to (7)” and insert “to 50”.
Amendment 79, page 13, line 23, paragraph (b)(iii), leave out “46(1) to (3)” and insert “51(1), (2) and (5) to (8)”.
Amendment 80, page 13, line 24, paragraph (b)(iv), leave out “47(3)(b) to (e)” and insert “52”.
Amendment 81, page 13, line 25, paragraph (b)(v), leave out “48(2) to (4)” and insert “59”.
Amendment 82, page 13, line 26, paragraph (b)(vi), leave out “49(2) and (4)(b) to (e)” and insert “61”.
Amendment 83, page 13, line 27, leave out paragraph (b)(vii).
Amendment 84, page 13, line 28, paragraph (c), leave out “(3)”.
Amendment 85, page 13, line 29, paragraph (d), leave out from “general,” to the end of the paragraph, and insert—
“(i) sections 81 to 85,
(ii) sections 91 to 95, and
(iii) section 97,”.
Amendment 86, page 13, line 31, paragraph (e), leave out from “supplementary,” to the end of the paragraph in line 37, and insert—
“(i) sections 112, 113 and 115, and Schedule 7 (insofar as those sections and that Schedule apply to any power in this Act of the Scottish Ministers to make subordinate legislation),
(ii) sections 118, 120 and 121,
(iii) section 124 (insofar as that section applies to any power in this Act of the Scottish Ministers to make subordinate legislation),
(iv) section 126(1) and (6) to (8), and
(v) section 127,”.
Government amendments 108 to 110.
Amendment 87, page 13, line 39, paragraph (g), leave out “6” and insert “7”.
Amendment 88, page 13, line 41, paragraph (h), leave out
“paragraphs 1 to 6 of”.
Clause stand part.