§ Baroness Finlay of Llandaffasked Her Majesty's Government:
By what means they oversee the vires of legislation made by the Scottish Parliament. [HL5687]
§ Lord McIntosh of HaringeyThe Scotland Act 1998 established a Scottish Parliament and devolved to it the power to pass legislation within the boundaries of that Act. Her Majesty's Government do not oversee thevires of Scottish Parliament legislation for that is properly the function of the courts. Rather, Her Majesty's Government work closely with the Scottish Executive to ensure that legislation is prepared so as to be within the competence of the Scottish Parliament. The Government have a strong interest in ensuring that devolution works, and checking that legislation is within the legislative competence of the Scottish Parliament plays a vital part in ensuring it keeps working. In the event that any legislative provision is thought to be ultra vires, then the Scotland Act provides that the matter may be referred by the Attorney-General, the Advocate-General or the Lord Advocate to the Judicial Committee of the Privy Council to decide on the issue. No such references have been made to date.