Meeting of the Parliament [Draft]

Meeting date: Thursday, June 27, 2024

Official Report 988KB pdf

Standing Order Rule Changes (Legislative Consent)

The next item of business is a debate on motion S6M-13746, in the name of Martin Whitfield, on behalf of the Standards, Procedures and Public Appointments Committee, on standing order rule changes—procedures on consent in relation to United Kingdom Parliament bills. Members who wish to speak in the debate should press their request-to-speak button. I call Martin Whitfield to speak to and move the motion on behalf of the Standards, Procedures and Public Appointments Committee.

I extend my apologies to the cabinet secretaries and ministers who are awaiting appointment as I bring to the chamber the results of the fourth report from my committee, which has led to motion S6M-13746.

The motion invites Parliament to agree to changes to the standing order rules relating to legislative consent in order to clarify the processes relating to instances in which Parliament is invited to withhold its consent. I thank the deputy convener, Ruth Maguire, for her support with the motion.

Chapter 9B of standing orders currently provides for legislative consent motions to be lodged when the Scottish Parliament’s consent is being sought. Both the Conveners Group and the Constitution, Europe, External Affairs and Culture Committee wrote to the Standards, Procedures and Public Appointments Committee to highlight the lack of any provision in standing orders regarding motions refusing legislative consent. That correspondence highlighted the increasing number of instances of Parliament debating and agreeing to motions to refuse consent. Because such motions sit outwith the legislative consent process, as set out in standing orders, motions refusing consent can be lodged and taken in chamber before lead committees have reported on that legislative consent motion.

In response to the concerns raised, the SPPA Committee proposed having a discrete procedure for refusing consent and consulted on that proposal with all Scottish Parliament committees, the Parliamentary Bureau, the political parties and the Scottish Government Minister for Parliamentary Business.

That consultation proposed having a rule for motions refusing consent that would be similar to the rule that currently exists for consent motions. That would include a requirement that a motion refusing legislative consent can be lodged only if a corresponding consent memorandum has been lodged and that that memorandum should include a draft motion. All responses to the consultation were supportive of that change.

The consultation asked whether respondents had a preference with regard to making lodging a motion mandatory, and the majority of the responses stated that they supported placing an obligation on the Scottish Government to “endeavour” to lodge a motion to give the Parliament the opportunity to refuse consent.

However, the Minister for Parliamentary Business raised concerns about the operation of the rules in instances where United Kingdom bills might give rise to the consideration of different consent positions at different points in a bill’s passage. Following those discussions, the committee has agreed that a single set of rules for any relevant bill, regardless of consent position, be proposed. The same process and stages are required, regardless of whether consent is being sought or being refused.

The revised draft rules also incorporate the preference expressed in the consultation from the Scottish Government to try to lodge a motion on legislative consent. The draft rules use the term “normally” and do not specify any time limits.

The committee believes that the proposed rule changes will provide more clarity to the Parliament’s procedures for considering legislative consent motions as well as greater protection to the important scrutiny function performed by committees on legislative consent memorandums, ensuring that the work of the committees on these matters is always able to inform the Parliament’s decision taking on legislative consent motions. The rule changes themselves are set out in annex B of the committee’s report. For the avoidance of doubt, the wording in the annex will completely replace the existing wording in standing orders relating to it.

Due to the forthcoming UK general election on 4 July—which no doubt we are all aware of—there are currently no UK Parliament bills on which legislative consent is being sought. As a result, the motion proposes that the rule change take effect from 2 July, before any legislation that might seek legislative consent is introduced following the UK general election.

I am grateful, Presiding Officer.

I move,

That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 4th Report, 2024 (Session 6), Standing Order Rule changes - Procedures on consent in relation to UK Parliament Bills (SP Paper 627), and agrees that the rule changes to Standing Orders set out in annex B of the report be made with effect from 2 July 2024.

Thank you, Mr Whitfield. That concludes the debate on standing order rule changes—procedures on consent in relation to UK Parliament bills.