Chamber and committees

In accordance with the Sewel Convention and Scotland Act 2016, the UK Parliament does not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. The Convention covers legislation for devolved purposes (that is matters within the legislative competence of the Parliament), and changes to the competence of the Parliament or the Scottish Ministers (in line with the safeguards to competence set out in equivalent statutory procedures under the Scotland Act.).

The formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation with regard to devolved matters, including alterations to devolved competence, in accordance with Chapter 9B of Standing Orders.

The Sewel Convention, in all its elements, is crucial to the devolution settlement, acknowledging the special constitutional position of the Scottish Parliament and the democratic mandate conferred on this Parliament by the people of Scotland. In the view of the Scottish Government, the Sewel Convention will remain an essential part of the constitution of the UK for as long as the Westminster Parliament retains its current powers and functions in relation to Scotland.

In the normal course of business, legislation for devolved purposes should be scrutinised and determined in the Scottish Parliament. There may however be situations in which it is helpful and appropriate for legislation for devolved purposes to be taken forward at Westminster.

The Scottish Government is committed to assessing opportunities of this kind on their merits and to working closely and constructively with the UK Government, on a case by case basis, to deliver legislation which best meets Scotland’s needs. The Scottish Government is equally committed to working with the UK Government to pursue opportunities to extend devolved competence of both this Parliament and Scottish Ministers, accountable to this Parliament.

Within the legislative programme announced today by the UK Government, we have identified potential opportunities to legislate for the benefit of Scotland on matters that are within the legislative competence of the Scottish Parliament or which alter legislative or executive competence.

The UK bills which we currently expect to give rise to Legislative Consent Motions in the Scottish Parliament are the:

Financial Guidance and Claims Bill

Repeal Bill

The Scottish Government will consider the content of these Bills before deciding its recommendation to the Parliament on legislative consent. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

It is possible that further opportunities to legislate for Scotland by means of Legislative Consent Motion may occur in connection with other UK bills, including Private Member’s bills. Any additional proposals of this kind, together with any relevant amendments to the UK Government bills listed above, will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.