§ Mr. CarmichaelTo ask the Advocate-General how many Bills of the Scottish Parliament she has referred to the Judicial Committee of the Privy Council since the creation of her Office. [29337]
The Advocate-GeneralSince devolution in July 1999 my officials and I have examined 30 Bills in conjunction with relevant Government Departments at various stages during their progress through the Scottish Parliament in order to ensure that any problem of legislative competence is identified and resolved if possible, in order to try to avoid the need to refer a Bill to the Judicial Committee of the Privy Council. The Bill may be outwith legal competence in a variety of ways, for example, if it relates to reserved matters, or relates to enactments protected from modification by the Scottish Parliament, or is incompatible with any of the rights of the European Convention on Human Rights or with European Community law. Thus far I am pleased to advise that any problems have been resolved, following legal advice when necessary, and after co-operation and dialogue. As a result I have not referred any Bill so far to the Judicial Committee of the Privy Council. The existence of the power of referral and the work which is done in connection with that power is an essential part of the devolution settlement.