§ 25. Mr. Alistair Carmichael (Orkney and Shetland)If she will make a statement on the operation of the Sewel motions procedure. [25039]
§ The Advocate-General for Scotland (Dr. Lynda Clark)The Sewel motions procedure, which is reflected in the memorandum of understanding between the Government and the devolved Administrations, states that this Parliament would not normally legislate with regard to devolved matters without the agreement of the devolved legislature. The devolved Administration are responsible for seeking such agreement. Sewel motions are the method by which the Scottish Executive seek to obtain the agreement of the Scottish Parliament. They are a matter of practice, not law. A Sewel motion, whether it is approved or not, has no bearing on the legislative competence of the Scottish Parliament, as set out in the Scotland Act 1998, or on the legislative competence of the UK Parliament.
§ Mr. CarmichaelI thank the Advocate-General for that answer, but does she agree that the operation of Sewel motions presents a number of practical problems? It does not allow Members of this House to question the Ministers who have direct executive responsibility, because they are part of the Scottish Executive. Will she have discussions with the Leader of the House to ensure that, in future, when legislation that comes before this House as the result of a Sewel motion has been given its 143 Second Reading, it will be committed to a Special Standing Committee under Standing Order No. 91, which will allow evidence to be taken from Scottish Ministers?
The Advocate-GeneralI regret to tell the hon. Gentleman that I see no reason whatever to enter into such discussions with my right hon. Friend the Leader of the House. Of course, he is entitled to enter into such discussions if he wishes to do so.
On procedure in the Scottish Parliament, it is entirely a matter for that Parliament to decide how to deal with the motions. As for procedure in this House, the UK Parliament always has competence to deal with these matters. Hon. Members are always entitled to raise any issues about which they want to speak that are within that competence.
§ Mr. Ian Davidson (Glasgow, Pollok)Does the Advocate-General accept that the Proceeds of Crime Bill, which is currently travelling through the House, is a very good example of legislation that has been supported by the Scottish Executive and by the Government in this House and that it will bring enormous benefits to Scotland? Does she agree that, rather than trying to invent mechanisms to cause difficulties, the Liberals, whom I thought were our chums, would be much better advised to co-operate with us in processing the Bill as quickly as possible?
The Advocate-GeneralMy hon. Friend makes a very important point. The Scottish Parliament has co-operated on many occasions with the UK Government in order to bring forward legislation, probably more quickly than the Scottish Parliament alone might have done, bearing in mind its heavy legislative programme. The Proceeds of Crime Bill is a very good example of that. Therefore, my view is that the two Parliaments are working well together to help the citizens of Scotland to get the sort of legislative programme that they deserve.