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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

Westminster and Holyrood: Consent Withheld?

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Some of the Westminster Bills presented in the Queen’s Speech, on Wednesday 18th November 2009, will apply only in England. An example is the Personal Care at Home Bill. The Scottish parliament makes its own laws concerning health and social work (see Block 1, Unit 2, p.53) so this Westminster bill doesn’t extend to Scotland.  

 

The Digital Economy Bill, however, dealing with the communications infrastructure, will apply across the U.K. The Digital Economy Bill has no aspects requiring legislative consent motions from the Scottish parliament. Illustrating the wider devolution arrangements in the U.K. however the Assembly in Northern Ireland will have to give its consent to changes in its distinct video games classification system as a result of Westminster’s Digital Economy Bill.

 

However a surprising number of Bills will involve Westminster legislating in devolved areas and so will require legislative consent motions. In the Scottish parliament, also on Wednesday 18th November 2009, Bruce Crawford, Minster for parliamentary business, spelled out a list of Bills from the Queen’s Speech in respect of which legislative consent motions would be lodged at Holyrood. These include, for example, the Crime and Security Bill. The full list indicated by Mr. Crawford can be found at the link below. Scroll half-way down the page and look for ‘Queen’s Speech’.

 

http://www.scottish.parliament.uk/business/pqa/wa-09/wa1118.htm

 

So Westminster clearly continues to play a very important role in shaping contemporary Scots law – even legislating in a surprising number of matters that are devolved to the Scottish parliament.

 

Consent Withheld in 2010?

 

Questions concerning the use of legislative consent motions are undoubtedly going to figure in the political debates leading up to the U.K. General Election. There is every possibility that, for the first time, we will see Holyrood withhold its consent to Westminster legislating in a devolved area over the coming months. Mark Mr. Crawford’s words in response to the legislative menu in the Queen’s Speech: ‘The Scottish Government will, in due course, lodge memoranda and motions for these bills, once they have been introduced in the UK Parliament. It will then be for the Scottish Parliament to determine whether to give or withhold consent.’

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