division_name: Scotland Bill - Reserved matters
motion: <p>
   
  No. 153, in page 38, line 16, at end insert
   
  '; and sections 105, 106 and 107 shall not apply in relation to any function of such an authority.'.
   
  No. 154, in page 38, line 18, leave out 'body' and insert 'authority'.
   
  No. 155, in page 38, leave out line 19.
   
  No. 156, in page 38, line 20, leave out from 'to' to 'concerned' in line 22 and insert
   
  'any appointment or removal of the cross-border public authority concerned or of any members or office-holders of the cross-border public authority'.
   
  No. 157, in page 38, line 23, leave out from 'might' to end of line 24 and insert
   
  'affect Scotland otherwise than wholly in relation to reserved matters.'
   
  No. 158, in page 38, line 25, leave out 'body' and insert 'authority'.
   
  No. 159, in page 38, line 26, after 'enactment' insert 'or a prerogative instrument'.
   
  No. 160, in page 38, line 27, leave out 'body' and insert 'authority'.
   
  No. 161, in page 38, line 29, leave out 'subordinate legislation' and insert 'Order in Council'.
   
  No. 162, in page 38, line 31, leave out from 'public' to 'do' in line 35 and insert
   
  'authority" means any body, government department, office or office-holder specified in an Order in Council made by Her Majesty under this section.
   
  (5A) Such an Order may only specify a body, government department, office or office-holder which (at the time when the Order is made) has, in addition to other functions, functions which are exercisable in or as regards Scotland and'.
   
  No. 163, in page 38, line 36, after 'section' insert '--
   
  "office-holder" includes employee or other post-holder, and'.-- [Mr.  McFall.] 
  <p> 
   Amendments made:  No. 164, in page 38, line 37, leave out from beginning to end of line 38 and insert--
   
  '( ) Her Majesty may by Order in Council make such provision in relation to a cross-border public authority as She considers necessary or expedient in consequence of this Act.
   
  ( ) Such provision may, in particular, include provision--
   
  ( ) modifying the functions of a cross-border public authority or of a Minister of the Crown in relation to such an authority,
   
  ( ) modifying the constitution (if any) of a cross-border public authority,
   
  ( ) modifying the application of section 83(2) or (3),'.
   
  No. 165, in page 38, line 39, leave out from beginning to end of line and insert
   
  'for any function to be exercisable'.
   
  No. 166, in page 38, line 41, leave out first 'or by' and insert 'concurrently with'.
   
  No. 167, in page 39, leave out line 1.
   
  No. 168, in page 39, leave out lines 12 to 14.
  <p>
   
  No. 169, in page 39, line 15, leave out
   
  'subordinate legislation shall be made'
   
  and insert
   
  'recommendation shall be made to Her Majesty in Council to make an Order'.
   
  No. 170, in page 39, line 16, leave out 'body' and insert 'authority'.-- [Mr.  McFall.] 
  <p> 
   Amendments made:  No. 171, in page 39, line 18, leave out 'body' and insert 'authority'.
   
  No. 172, in page 39, line 20, leave out 'Subordinate legislation may' and insert
   
  'Her Majesty may by Order in Council'.
   
  No. 173, in page 39, line 23, leave out
   
  'the person making the legislation'
   
  and insert 'Her Majesty'.
   
  No. 174, in page 39, line 27, leave out 'body' and insert 'authority'.
   
  No. 175, in page 39, line 27, leave out
   
  'the person making the legislation'
   
  and insert 'Her Majesty'.
   
  No. 176, in page 39, line 34, leave out 'Subordinate legislation may' and insert
   
  'Her Majesty may by Order in Council'.
   
  No. 177, in page 39, line 35, leave out 'body' and insert 'authority'.
   
  No. 178, in page 39, line 36, leave out
   
  'the person making the legislation'
   
  and insert 'Her Majesty'.
   
  No. 179, in page 39, line 39, leave out
   
  'subordinate legislation shall be made'
   
  and insert
   
  'recommendation shall be made to Her Majesty in Council to make an Order'.
   
  No. 180, in page 39, line 40, leave out 'body' and insert 'authority'.-- [Mr.  McFall.] 
  <p>
  I beg to move amendment No. 181, in page 40, line 1, leave out from beginning to end of line 3 and insert
   
  
  <p> 
    
  'any other office-holder in the Scottish Administration.'.
   
  
  <p>
  I beg to move amendment No. 50, in page 41, line 3, at end insert--
   
  
  <p> 
    
  '( ) Before making such a nomination the First Minister shall consult the Lord President and the Lord Justice Clerk (unless, in either case, the office is vacant).'.
   
  
  <p>Amendment agreed to .
  <p>Amendments made:  No. 51, in page 41, line 4, after 'Minister', insert
   
  
  <p>
   I beg to move amendment No. 24, in page 42, line 2, after first 'to', insert
   
  
  <p> 
    
  'the protocol of relevant considerations and to'.<p>
  Suppose that a sheep farmer in the west of Scotland decides that he is eligible for a grant. The Scottish Office denies it him on the ground that it is beyond the scope of the Parliament's powers to award it--perhaps it is a European Community grant. The matter eventually goes to the highest court and that court decides in the farmer's favour. The decision may have taken many years to reach, and the resulting expenditure would be expensive for the Government, not only because of the individual concerned, but because lots of individuals might be in a similar position. The farmer having won his case, the court could decide to limit or to remove the retrospective effect and decide not to pay out any money to give the Government time to change the rules so that the grant should not be payable.
  <p>It being two hours and fifteen minutes after the commencement of proceedings on consideration of the Bill,  Mr. Deputy Speaker,  pursuant to the Order [13 January] and the Resolution [12 May], put forthwith the Questions necessary for the disposal of proceedings to be concluded at that hour. 
  
   <p> 
   Amendment made:  No. 183, in page 43, line 2, after 'enactment' insert
   
  'prerogative instrument or other document'.-- [Mr.  McFall.] 
  <p> 
   Amendments made:  No. 184, in page 43, line 9, after 'which' insert '--(a)'.
   
  No. 185, in page 43, line 10, at end insert
   
  ', or
   
  ( ) is not otherwise exercisable separately within devolved competence to be so exercisable.'.
   
  No. 186, in page 43, leave out lines 11 to 18.-- [Mr.  McFall.] 
  <p>
   
  No. 260, in page 44, line 21, leave out 'to 99' and insert
   
  ', 96, 97,  (Agreed re-distribution of transferred functions) , 98, 99 and 114(3)'.
   
  No. 261, in page 44, line 22, at end insert--
   
  '( ) Subordinate legislation made by virtue of section 103(2)(c) may modify any enactment, prerogative instrument or other document'.
   
  No. 187, in page 44, line 24, at end insert--
   
  '( ) Subordinate legislation under this Act shall not create any criminal offence punishable--
   
  (a) on summary conviction, with imprisonment for a period exceeding three months or with a fine exceeding the amount specified as level 5 on the standard scale,
   
  (b) on conviction on indictment, with a period of imprisonment exceeding two years.'.
   
  No. 188, in page 44, line 30, at end insert--
   
  '( ) Any power to make subordinate legislation conferred by this Act is without prejudice to any other power so conferred.'.-- [Mr.  McFall.] 
  <p> 
   Amendments made:  No. 262, in page 44, line 33, after '97,' insert
   
  ' (Agreed re-distribution of transferred functions) ,'.
   
  No. 263, in page 44, line 40, after '59' insert
   
  ',  (Agreed re-distribution of transferred functions) '.
   
  No. 189, in page 45, line 23, leave out 'and 103(8)' and insert '103(8), 111(5C) and 114(3)'.
   
  No. 280, in page 45, line 24, leave out 'paragraph 2' and insert 'paragraphs 2 and 7'.
   
  No. 190, in page 45, line 35, leave out 'and 85' and insert ', 85 and 111(5C)'.-- [Mr.  McFall.] 
  <p> 
   Amendments made:  No. 191, in page 45, line 47, leave out from 'Parliament' to 'is' on line 1 of page 46.
   
  No. 192, in page 46, line 2, leave out from 'by' to end of line 3 and insert
   
  'resolution of each House of Parliament'.
   
  No. 193, in page 46, line 12, at end insert--
   
  '(6) A statutory instrument containing an Order in Council under section 84 or 85 which, apart from this subsection, would be subject to annulment in pursuance of a resolution of either House of Parliament and of the Parliament is not so subject if a draft has been laid before and approved by a resolution of each House of Parliament and of the Parliament.
   
  (7) A statutory instrument containing an Order in Council under section 84 or 85 which revokes, amends or re-enacts an Order under either section may be subject to a different procedure under section 101 or this section from the procedure to which the instrument containing the original Order was subject.'.-- [Mr.  McFall.] 
  <p>
   
  No. 195, in page 46, line 16, after '(a)' insert 'provide for'.
   
  No. 196, in page 46, line 19, after '(b)' insert 'provide for'.
   
  No. 197, in page 46, line 20, at end insert--
   
  '(c) make provision (other than provision imposing a charge to tax) as to the tax treatment of anything done by or under the legislation.
   
  ( ) No order shall be made by a Minister of the Crown by virtue of subsection (2)(c), and no recommendation shall be made to Her Majesty in Council to make an Order in Council by virtue of subsection (2)(c), without the agreement of the Treasury.'.-- [Mr.  McFall.] 
  <p> 
   Amendment made:  No. 198, in page 47, line 6, after 'enactment' insert 'prerogative instrument'.-- [Mr.  McFall.] 
  <p> 
   Amendments made:  No. 199, in page 47, line 22, leave out from 'exercise,' to 'of' in line 23 and insert
   
  'so far as it would be within devolved competence,'.
   
  No. 200, in page 47, line 28, leave out from 'apply,' to 'as' in line 30 and insert
   
  'so far as it would be within devolved competence,'.-- [Mr.  McFall.] 
  <p> 
   Amendments made:  No. 201, in page 47, line 35, leave out
   
  'in or as regards Scotland'
   
  and insert 'within devolved competence'.
   
  No. 202, in page 47, leave out line 38 and insert
   
  'and functions of any Scottish public authority to which paragraph 1A of Part III of Schedule 5 applies'.
   
  No. 203, in page 48, line 10, at end insert--
   
  '( ) Subsections (2) and (3) do not apply to the words from the beginning of section 2(3) of the European Communities Act 1972 (general implementation of Treaties) to "such Community obligation" '.
   
  No. 281, in page 48, line 35, leave out from second 'the' to end of line 36 and insert 'Auditor General for Scotland'.-- [Mr.  McFall.] 
  
  <p>
   I beg to move amendment No. 73, in page 59, line 6, leave out from beginning to end of line 7 and insert--
   
  
  <p> 
    
  '1. The following aspects of the constitution are reserved matters, that is--
   
  
   
  (a) the Crown, including succession to the Crown and a regency,
   
  
   
  (b) the Union of the Kingdoms of Scotland and England,
   
  
   
  (c) the Parliament of the United Kingdom,
   
  
   
  (d) the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,
   
  
   
  (e) the continued existence of the Court of Session as a civil court of first instance and of appeal.'.<p>
  It could not be put straighter than that. The Secretary of State said that he thought that he had answered that, but he went on to say:
  <p> 
   
  "It is my view that matters relating to reserved matters are also reserved. It would not be competent for the Scottish Parliament to spend money on such a matter in those circumstances."--[ Official Report , 12 May 1998; Vol. 312, c. 256-57.]
  <p>It being three hours and fifteen minutes after the commencement of proceedings on consideration of the Bill,  Mr. Deputy Speaker,  pursuant to the Order [13 January] and the Resolution [12 May], put forthwith the Question already proposed from the Chair. 
  <p>Amendment agreed to. 
  
  <p>
   I beg to move amendment No. 231, in page 59, line 16, leave out 'Crown Estate Commissioners' and insert
   
  
  <p> 
    
  'management (in accordance with any enactment regulating the use of land) of the Crown Estate'.<p>
  Is the hon. Lady confident that the schedule that she seeks to amend could not simply be wiped out by an Order in Council passed in the House late at night?
   
  
  <p>Amendment agreed to. 
  <p>Amendment made:  No. 232, in page 59, line 23, at end insert
   
  
  <p>Amendment negatived .
   
  
  
  <p>
   I beg to move amendment No. 282, in page 65, line 5, leave out from first 'of' to end of line 6 and insert
   
  
  <p> 
    
  'Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).'.
  <p>Amendment agreed to .
   
  
  <p>
   I beg to move amendment No. 269, in page 65, leave out line 33.
   
  
  <p> 
      Mr. Deputy Speaker:   
   With this, it will be convenient to discuss Government amendment No. 270.
   
  
  <p>
   These amendments refine the wording of the reservation of estate agency matters. They are fairly formal, and, given the time available, I beg to move.
  <p> 
  
    Amendment agreed to .
  <p>Amendment made:  No. 270, in page 65, line 41, at end insert--
   
  
  <p>
   I beg to move amendment No. 267, in page 68, line 27, leave out from beginning to end of line 35.
  <p> 
  
   I shall be brief, as there is little time left. The amendment would effectively exclude from reservation the Radioactive Substances Act 1993. I do not want to go into a great rehearsal of the issues of nuclear power in Scotland, other than to remind hon. Members, if they need <p> 
  
   
  
   
  
   19 May 1998 : Column 818  
  reminding, that that is a hugely controversial issue, and, remarkably, one which has not been discussed in the context of the Bill as far as I am aware.
  <p>Question put , That the amendment be made:--
  <p>The House proceeded to a Division-- 
  
  <p>The House having divided:  Ayes 6, Noes 289.
  