§ Mr. CashTo ask the Secretary of State for Scotland whether he plans to amend the powers of the Secretary of State for Scotland to issue prohibition orders in relation to reserved matters; and who will have jurisdiction in determining matters of vires in connection with reserved matters. [126746]
§ Mrs. McGuireThere are no plans to amend the powers of the Secretary of State under section 35 of the Scotland Act. This gives the Secretary of State the power to make an order prohibiting the Presiding Officer of the Scottish Parliament from submitting a Bill for Royal Assent in certain circumstances.
638WIn terms of section 33 of the Scotland Act the Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of the Parliament to the Judicial Committee of the Privy Council for adjudication. The Government published a consultation paper in July, Constitutional Reform: A Supreme Court for the United Kingdom, which seeks views on the proposition that the new Supreme Court should have jurisdiction over devolution cases presently heard by the Judicial Committee of the Privy Council.