0000006876 00000 n 0000003711 00000 n The United Kingdom Parliament retains authority to legislate on any issue, whether devolved or not. This date is our basedate. "(8) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament. "(6) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Assembly. I do so first by responding to Iain Jamieson’s analysis, which is essentially technical — or legalistic — in nature on its own terms. 0000007249 00000 n However, an alternative view is preferable. However, despite this inclusion, the statements are not legally binding on the In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament) at the end add— "In section 107 of the Government of Wales Act 2006 (Acts of the National Assembly for Wales), after subsection (5) insert— In the remainder of the post I explain why I adhere to that view.

Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions.

However, despite this inclusion, the statements are not legally binding on the UK Parliament.. Scotland Act 2016. While it is relatively easy to see why the Convention should require consent before any What this suggests, I contend, is that different elements of the Sewel Convention — concerning legislation on devolved matters, attenuation of devolved authority and extension of devolved authority — rest upon closely related but subtly distinct constitutional rationales. In other words, it extended the Scottish Parliament’s authority in a substantive — and highly significant — way. Substantial tanks-on-lawns interference in respect of core devolved matters is constitutionally suspect to a greater degree than is an incidental extension of devolved authority.As McCorkindale points out, the clearest precedent for requiring consent in respect of an extension of the Scottish Parliament’s powers is found in relation to the Scotland Act 2012. It follows that as far as HRA repeal is concerned, the competing understandings of the Sewel Convention can serve as no more than a basis for reasoned constitutional argument as between the different parties. 0000007327 00000 n Consent need only be obtained for legislative provisions which are specifically for devolved purposes, although Departments should consult the Scottish Executive on changes in devolved areas of law which are incidental to or consequential on provisions made for reserved purposes.In the light of this, the key issue is whether UK legislation that did nothing other than repeal the HRA would be “specifically for devolved purposes”, even if it might have “incidental” or “consequential” implications for devolved matters. In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament) at the end add— “ (8) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters … The only constraints are that it must not modify — meaning amend or repeal — the HRA and that it must not otherwise breach the ECHR rights. "In 2005 the Procedures Committee undertook an inquiry into the use of Sewel motions, and heard evidence from Lord Sewel, The Scottish Government had likewise tried to introduce a legislative consent motion, but the In 2016 the UK Parliament passed the Scotland Act 2016 which amended the Scotland Act 1998 to contain an explicit and specific legal reference to the so-called Sewel convention. %PDF-1.2 %���� It is ultimately for Parliament to decide what use to make of that power. Dependent on the legislation item being viewed this may include:Click 'View More' or select 'More Resources' tab for additional information including:But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament. 0000002899 00000 n 0000002920 00000 n Judged in substantive terms, the Scottish Parliament and Government would remain bound by the same ECHR rights, HRA repeal notwithstanding. 0000001340 00000 n
0000002039 00000 n I then go on to argue that such an analysis, while not irrelevant, is insufficient, and that the nature of constitutional conventions, as distinct from law, requires a broader approach. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 0000005819 00000 n 0000001750 00000 n As The extension to the Sewel Convention concerning changes to devolved competence itself reflects a constitutional value that is concerned with respect for devolved autonomy, but in broader, more diffuse terms. Equally, the Scotland Act 1998 could itself be amended so as to insert into it a definition of the ECHR rights identical to that contained in the HRA.

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