Previous Section Back to Table of Contents Lords Hansard Home Page


Lord Sewel moved Amendment No. 142:


After Clause 46, insert the following new clause--

Validity of acts of Scottish Ministers etc

(". The validity of any act of a member of the Scottish Executive or junior Scottish Minister is not affected by any defect in his nomination by the Parliament or (as the case may be) in the Parliament's agreement to his appointment.").

On Question, amendment agreed to.

Lord Steel of Aikwood had given notice of his intention to move Amendment No. 143:


After Clause 46, insert the following new clause--

Power to change titles

(" . The Parliament may change any of the titles listed below to titles it considers more appropriate--
(a) Presiding Officer;
(b) Deputy Presiding Officer;
(c) Clerk of the Parliament;
(d) First Minister;
(e) Scottish Executive;
(f) Scottish Minister;
(g) junior Scottish Minister.").

The noble Lord said: My Lords, in view of the paucity of the Government's previous answers, I am sorely tempted. However, given the lateness of the hour I shall not move the amendment.

[Amendment No. 143 not moved.]

Clause 47 [The Civil Service]:

Lord Sewel moved Amendment No. 144:


Page 21, line 29, after ("the") insert ("Scottish Consolidated").

The noble Lord said: My Lords, this is a technical amendment to make it clear that payments made by Scottish Ministers to the Minister for the Civil Service under Clause 47(7) are to be charged on the Scottish Consolidated Fund. These payments are made in respect of the provision of pensions, allowances and gratuities for staff of the Scottish administration under the Principal Civil Service Pension Scheme. These schemes will continue to be administered by the Minister for the Civil Service.

As drafted, Clause 47(8) refers to the payments being charged on "the Fund", and it should be clear from a reference in subsection (5) that the relevant fund is indeed the Scottish Consolidated Fund as opposed to the Consolidated Fund--the amendment simply ensures that there can be no doubt. I beg to move.

On Question, amendment agreed to.

Clause 48 [Exercise of Functions]:

Lord Sewel moved Amendment No. 144A:


Page 22, line 11, leave out ("including this Act").

The noble Lord said: My Lords, this is a group of minor and technical amendments which clarify the meaning of "enactment" as used in the Scotland Bill. Until now we have proceeded on the basis of a general

28 Oct 1998 : Column 2038

rule that references to the term "enactment" in the Bill would not include the Scotland Act itself or subordinate legislation made under it, and a number of amendments were made in Committee on the basis of that approach. We have now reconsidered the position and concluded that it would be simpler and more economical of drafting for the rule to be that references to "enactment" will include the Scotland Act and subordinate legislation under it, with exceptions in cases where this would be inappropriate. These amendments are to take account of that revised approach. I beg to move.

On Question, amendment agreed to.

Clause 49 [General transfer of functions]:

Baroness Ramsay of Cartvale moved Amendment No. 144B:


Page 22, line 18, leave out ("including") and insert--
("( ) other").

The noble Baroness said: My Lords, this amendment is a technical change to the wording of Clause 49 to ensure that any functions conferred on a Minister of the Crown by a prerogative instrument such as a Royal Charter or warrant are transferred to the Scottish Ministers where they meet the other criteria for transfer. As I said, this is a technical change; however, I shall be happy to expand on my remarks if noble Lords wish to have any further information. I beg to move.

On Question, amendment agreed to.

Baroness Ramsay of Cartvale moved Amendment No. 144C:


Page 22, line 25, leave out ("and").

The noble Baroness said: My Lords, Amendments Nos. 144C and 144D are minor and technical amendments. Clause 49 transfers to the Scottish ministers certain statutory functions which are conferred by "pre-commencement" enactments. Government Amendment No. 144D simply adds to the definition of a pre-commencement enactment in Clause 49(3) so that it includes subordinate legislation made under Clause 99 to the extent that that states that it is to be treated as a pre-commencement enactment. This will ensure that ministerial functions which are split using the Clause 99 power will transfer to the Scottish ministers where they are exercisable within devolved competence.

Amendment No. 144C is a minor drafting amendment which is consequential upon Amendment No. 144D. I commend them to the House.

On Question, amendment agreed to.

Baroness Ramsay of Cartvale moved Amendment No. 144D:


Page 22, line 27, at end insert--
("( ) subordinate legislation under section 99, to the extent that the legislation states that it is to be treated as a pre-commencement enactment").

On Question, amendment agreed to.

Clause 50 [Devolved competence]:

Lord Sewel moved Amendment No. 145:


Page 22, line 42, leave out subsection (4).

On Question, amendment agreed to.

28 Oct 1998 : Column 2039

Clause 51 [Functions exercisable with agreement]:

Baroness Ramsay of Cartvale moved Amendment No. 145A:


Page 23, line 4, leave out ("not apply") and insert ("cease to have effect in relation").

The noble Baroness said: My Lords, this is a technical amendment so that the wording of Clause 51(1) is consistent with wording used elsewhere in the Bill, in particular Clause 111(2), which provides that certain provisions about the Consolidated Fund cease to have effect. I will expand on it if any noble Lord wishes. If not, I commend the amendment to the House.

On Question, amendment agreed to.

Clause 52 [Shared powers]:

Lord Sewel moved Amendment No. 145B:


Page 23, line 10, leave out from beginning to ("under") and insert--
("(1) Despite the transfer by virtue of section 49 of any function").

The noble Lord said: My Lords, with permission I shall take Amendments Nos. 145B, 145D and 206A together. Amendments Nos. 145B and 145D are technical amendments to Clause 52. They make it clear that the Scottish ministers will be able to exercise the powers concerned only to the extent that they are transferred to them under Clause 49 and ensure that it is not only the powers that are shared with the Scottish ministers but also any ancillary duties. They also add an order-making power to Clause 52, enabling further functions to be exercisable concurrently.

Amendment No. 206A makes it clear that the order-making power introduced by Amendment No. 145D is subject to type G procedure. That means that any such order is subject to procedure at Westminster only.

The amendments introduce sensible flexibility and I commend them to the House. I beg to move.

On Question, amendment agreed to.

Lord Sewel moved Amendment No. 145C:


Page 23, line 22, at end insert--
("( ) sections 2, 11(3) and 12(4) of the Employment and Training Act 1973 (power to make arrangements for employment and training etc. and to make certain payments),").

The noble Lord said: This amendment to Clause 52 is part of a package of amendments relating to training for employment and job search and support to ensure that the former is devolved and the latter is reserved. I expect to table the other amendments which will be amendments to Schedule 5 in time for the later days of Report. I hope that we shall have an opportunity to look at the other elements of that package when we come to debate those further amendments, but I would like to describe the main elements of it to your Lordships at this stage so that noble Lords are able to consider the context in which I support the amendment to Clause 52.

However, it may be sufficient to indicate that the thrust of these amendments is to ensure that training for employment is devolved and job search is reserved. On that basis, I beg to move.

On Question, amendment agreed to.

28 Oct 1998 : Column 2040

Lord Sewel moved Amendment No. 145D:


Page 23, leave out lines 27 and 28 and insert ("the function shall be exercisable by a Minister of the Crown as well as by the Scottish Ministers.
(2) Despite the transfer of any other function by virtue of section 49, the function shall, if subordinate legislation so provides, be exercisable (or be exercisable so far as the legislation provides) by a Minister of the Crown as well as by the Scottish Ministers.
(3) Subordinate legislation under subsection (2) may not be made so as to come into force at any time after the function in question has become exercisable by the Scottish Ministers.").

On Question, amendment agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page