With this it will be convenient to discuss the following:
Clauses 47 and 48 stand part.
Amendment 157, in clause 49, page 49, line 6, after “operator” insert—
“or not for profit operator”.
Amendment 158, in clause 49, page 49, line 8, leave out “does not” and insert “may”.
Clause 49 stand part.
Amendment 149, in clause 50, page 49, leave out from beginning of line 32 to line 50 on page 50 and insert—
‘(4) The Scottish Ministers may not make regulations under section 9 unless they have consulted the Secretary of State about the proposed regulations.
(5) Subsection (1) does not prevent the Secretary of State making a support scheme in relation to Scotland under section 9, or varying or revoking regulations made by the Scottish
Ministers under that section with the agreement of the Scottish Ministers”
This amendment would remove the requirement in Clause 50 for the agreement of the Secretary of State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a requirement for the agreement of Scottish Ministers before the Secretary of State may vary or revoke instruments made by the Scottish Ministers.
Clause 50 stand part.
Amendment 150, in clause 51, page 52, leave out from beginning of line 10 to end of line 3 on page 53 and insert—
‘(5) The Scottish Ministers may not make an order under section 33BC unless they have consulted the Secretary of State about the proposed order.
(6) The power of the Secretary of State to make an order under section 33BC is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a requirement for the agreement of Scottish Ministers before the Secretary of State may vary or revoke instruments made by the Scottish Ministers.
Amendment 151, page 53, leave out from beginning of line 45 to end of line 37 on page 54 and insert—
‘(5) The Scottish Ministers may not make an order under section 33BD unless they have consulted the Secretary of State about the proposed order
(6) The power of the Secretary of State to make an order under section 33BD is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a requirement for the agreement of Scottish Ministers before the Secretary of State may vary or revoke instruments made by the Scottish Ministers.
Amendment 152, in clause 51, page 55, leave out from beginning of line 28 to end of line 21 on page 56 and insert—
‘(5) The Scottish Ministers may not make an order under section 41A unless they have consulted the Secretary of State about the proposed order.
(6) The power of the Secretary of State to make an order under section 41A is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a requirement for the agreement of Scottish Ministers before the Secretary of State may vary or revoke instruments made by the Scottish Ministers.
Amendment 153, in clause 51, page 57, leave out from beginning of line 15 to end of line 7 on page 58 and insert—
‘(5) The Scottish Ministers may not make an order under section 41B unless they have consulted the Secretary of State about the proposed order.
(6) The power of the Secretary of State to make an order under section 41B is exercisable so as to make any provision that may be made by the Scottish Ministers under that section, or vary or revoke an order made by the Scottish Ministers under that section, but only with the agreement of the Scottish Ministers.”
This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a requirement for the agreement of Scottish Ministers before the Secretary of State may vary or revoke instruments made by the Scottish Ministers.
Clauses 51 and 52 stand part.
Amendment 154, in clause 53, page 60, leave out lines 9 to 17.
This amendment removes restrictions on the consultation process with the Scottish Government and Scottish Parliament in relation to renewables incentive schemes.
Clauses 53 and 54 stand part.
Amendment 155, in clause 55, page 63, line 18, at end insert—
“() the Scottish Ministers,”
Clause 55 as currently drafted would allow Scottish Ministers to make a reference to the Competition and Markets Authority only in the most exceptional circumstances. This amendment would enable Scottish Ministers to make a reference without the involvement of the Secretary of State.
Clauses 55 to 64 stand part.
New clause 50—Commission on social and economic rights—
‘(1) The Secretary of State shall appoint a commission on social and economic rights.
(2) The Secretary of State shall invite the Presiding Officers or Speakers of the House of Commons, House of Lords, National Assembly of Wales, Northern Ireland Assembly and the Scottish Parliament each to nominate no more than three persons to the commission on social and economic rights.
(3) The commission on social and economic rights must report on—
(a) the practicality of making the Scottish Parliament and Scottish Government subject to the rights contained in the International Covenant on Economic, Social and Cultural Rights; and
(b) the consequences of Scottish devolution for the attainment of economic and social rights throughout the United Kingdom.
(4) The Secretary of State may by regulations determine the role, composition, organisation and powers of the commission on social and economic rights.’
The purpose of this New Clause is to create a commission to consider whether economic and social rights could be made justiciable in Scotland, and the prospects for achieving fuller attainment of economic and social rights throughout the United Kingdom.
New clause 52—Office of Wellbeing—
‘(1) Scottish Ministers shall appoint an independent Office of Wellbeing to monitor and report on the wellbeing impacts of fiscal and macro-economic policy in Scotland, with a particular focus on inequalities of wellbeing.
(2) The First Minster must publish at least once a year a wellbeing statement setting out the relevant social, economic and environmental policies of Scottish Ministers and their intended effects on the wellbeing of the people of Scotland.
(3) The Office of Wellbeing may commission independent research.
(4) The Office of Wellbeing must report at least once a year on progress being made against the wellbeing statement made by the First Minister and may report from time to time on any other relevant matter.
(5) The costs of the Office of Wellbeing shall be borne by the Scottish Parliament.’
This Clause establishes an independent Office of Wellbeing, akin to the Office for Budget Responsibility, to ensure that expert consideration is given to the interplay between the economic, fiscal and macro-economic policies of the Scottish and United Kingdom Governments and their environmental, economic and social effects.
New clause 65—Rail Services—
‘In Part 2 of Schedule 5 to the Act, in section E2, after “Exceptions” there is inserted—
“The provision of rail passenger services that are Scotland-only services (and so far as they include other services, include only cross-border services designated by the Scottish Ministers), including the power to decide who will run such services, the provisions of the Railways Act 1993 notwithstanding.”’
This amendment would devolve rail services in Scotland giving Scottish Ministers full powers and flexibility to decide who would run such services.