Previous Section Back to Table of Contents Lords Hansard Home Page


Lord Selkirk of Douglas: I support the noble Lord's recommendations. The Law Reform (Miscellaneous Provisions) Act makes allowance for solicitor advocates to appear. Why then should they be excluded from the right of appeal?

As regards Amendment No. 292Q, the provision in the Bill simply allows the court to appoint counsel as amicus curiae. Solicitors with extended rights of audience should also be capable of being appointed.

Lord Hardie: I am sorry to interrupt the noble Lord. Perhaps I may short circuit proceedings by saying to the noble Viscount that the answer is yes, and invite him to withdraw the amendment.

Viscount Thurso: As instructed, and with humility and grace, I thank the noble and learned Lord for his answer and and beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendment No. 292Q not moved.]

Lord Hardie moved Amendments Nos. 292QA and 292QB:


Page 95, leave out lines 33 and 34 and insert--
("Appeals to Judicial Committee of the Privy Council.
288B.--(1) This section applies where the Judicial Committee of the Privy Council determines an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination of a devolution issue by the High Court in the ordinary course of proceedings.
(2) The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings.
(3) Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the Judicial Committee as it would have if it were considering the proceedings otherwise than as a trial court."

8 Oct 1998 : Column 655

( ) In section 307(1) (interpretation), after the definition of "crime" there is inserted--
""devolution issue" has the same meaning as in Schedule 6 to the Scotland Act 1998;".").
Page 95, line 42, at end insert--
("Damages Act 1996 (c.48)

. In section 6 of the Damages Act 1996 (guarantees for public sector settlements), after subsection (8) there is inserted--
"(8A) In the application of subsection (3) above to Scotland, for the words from "guidelines" to the end there shall be substituted "the Minister"."").

On Question, amendments agreed to.

Schedule 7, as amended, agreed to.

Schedule 8 [Repeals]:

Lord Hardie moved Amendment No. 292QC:


Page 96, line 34, at end insert--
("1984 c. 4.The Tourism (Overseas Promotion) (Scotland) Act 1984.Section 1(2).")

On Question, amendment agreed to.

Baroness Ramsay of Cartvale moved Amendment No. 292R:


Page 96, leave out lines 35 and 36.

The noble Baroness said: In another place, the Government amended the provisions in the Bill which deal with the disqualification of MSPs if they are declared bankrupt. This was to ensure that the provisions apply in the same way and with the same effect as they do to MPs. Amendment No. 292R is a consequential amendment necessary as a result of the earlier amendments. I beg to move.

On Question, amendment agreed to.

Schedule 8, as amended, agreed to.

Clause 112 [Interpretation]:

[Amendment No. 293 not moved.]

Baroness Ramsay of Cartvale moved Amendment No. 293XZA:


Page 52, line 37, leave out from ("Parliament,") to ("and") in line 41 and insert ("Northern Ireland legislation (within the meaning of the Northern Ireland Act 1998)").

The noble Baroness said: This is a minor and technical amendment to update the definition of "enactment" provided in Clause 112 to take account of the creation of the new Northern Ireland Assembly. The Northern Ireland Bill currently before this House provides for the establishment of the assembly, which will be able to pass Acts. At present, Clause 112 lists various forms of legislation connected with Northern Ireland. In the interests of simplicity, that is replaced here with a reference to the definition provided in the Northern Ireland Bill, thereby bringing Acts of the Northern Ireland assembly within the definition of "enactment" in the Scotland Bill. I beg to move.

On Question, amendment agreed to.

8 Oct 1998 : Column 656

Baroness Ramsay of Cartvale moved Amendment No. 293YZA:


Page 53, line 3, at end insert--
(""government department" means any department of the Government of the United Kingdom").

The noble Baroness said: These are technical amendments. Amendment No. 293YZA provides the definition of "government department" for the purpose of the Bill, making it clear that the expression does not include the Scottish administration. Amendment No. 294ZZB adds this definition to the index of defined expressions in Clause 113. Amendment No. 294ZZC is also a technical amendment. It simply adds the definition of "Member of the Scottish Executive" provided in Clause 41(1), to the index of defined expressions in Clause 113. I beg to move.

On Question, amendment agreed to.

Lord Hardie moved Amendment No. 293ZZA:


Page 53, line 6, leave out ("as it has") and insert ("and
(b) the Protocols to the Convention,
as they have").

On Question, amendment agreed to.

Lord Hardie moved Amendments Nos. 293ZA and 293YA:


Page 53, line 9, at end insert--
(""occupational pension scheme", "personal pension scheme" and "public service pension scheme" have the meanings given by section 1 of the Pension Schemes Act 1993, but as if the reference to employed earners in the definition of personal pension scheme were to any earners,").
Page 53, line 14, leave out ("115") and insert ("(Commencement)").

On Question, amendments agreed to.

Lord Selkirk of Douglas moved Amendment No. 293A:


Page 53, line 23, leave out ("adjacent to") and insert ("surrounding").

The noble Lord said: Although in shipping legislation the phrase "adjacent to" is sometimes used, the Scotland Bill is certainly not maritime legislation. The territorial extent of Scotland is a matter of custom and this amendment is designed to ensure that there is no doubt whatever about the issue. I should be grateful if the Minister could look at the matter between now and Report with a view to bringing back an amendment if necessary. I beg to move.

Lord Hardie: As was explained on an earlier occasion, the term "adjacent to" is used consistently across existing fisheries legislation to describe what is a water for the specific purposes of each piece of legislation. We have considered the matter and we are not persuaded that any useful purpose would be served by using the word "surrounding" instead. Indeed, to use the term "surrounding" would require any Order in Council under Clause 112(2) to specify not just a boundary between Scottish waters and other UK waters

8 Oct 1998 : Column 657

but would require an outer limited to be defined as relevant to the waters surrounding Scotland. I invite the noble Lord to withdraw the amendment.

Lord Selkirk of Douglas: I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Hardie moved Amendment No. 293ZAA:


Page 53, line 24, after ("body") insert ("(except the Parliamentary corporation)").

On Question, amendment agreed to.

Lord Hardie moved Amendments Nos. 293AA and 293AB:


Page 53, line 26, at end insert--
(""the Scottish zone" means the sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976) which is adjacent to Scotland,").
Page 53, line 33, after ("Kingdom") insert (", or sea within British fishery limits,").

On Question, amendments agreed to.

[Amendment No. 293B not moved.]

Lord Hardie moved Amendments Nos. 293C and 294:


Page 53, line 33, at end insert--
("( ) For the purposes of this Act--
(a) the question whether any function of a body, government department, office or office-holder relates to reserved matters is to be determined by reference to the purpose for which the function is exercisable, having regard (among other things) to the likely effects in all the circumstances of any exercise of the function, but
(b) bodies to which paragraph 2A of Part III of Schedule 5 applies are to be treated as if all their functions were functions which relate to reserved matters.").
Page 53, line 48, leave out ("in section 28").

On Question, amendments agreed to.

[Amendment No. 294YZA had been withdrawn from the Marshalled List.]


Next Section Back to Table of Contents Lords Hansard Home Page