Legislative Competence of the Scottish Parliament 2023-02-01
2023-02-01
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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Context
Discussions on the potential implications of an order under section 35 for the legislative competence of the Scottish Parliament.
What discussions she has had with Cabinet colleagues on the potential implications of an order under section 35 of the Scotland Act 1998 for the legislative competence of the Scottish Parliament?
As I said earlier, by convention, information on whether the Law Officers have been asked to provide advice and the content of such advice are not disclosed outside Government. That convention enables candid legal advice to be given.
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Assessment & feedback
Specific details of discussions and advice provided by Law Officers were not disclosed due to convention.
Convention
Response accuracy
Q2
Partial Answer
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Context
The prospect of a section 35 order was not raised before the passage of the Gender Recognition Reform (Scotland) Bill by the Scottish Parliament. The Attorney General's alternatives and changes to the bill are in question.
Why was the prospect of a section 35 order not raised at any time before the Gender Recognition Reform (Scotland) Bill was overwhelmingly passed by the Scottish Parliament? What alternatives did the Attorney General look at? When will she set out the changes to the Bill that she wants to see before the Government would revoke the section 35 order?
That would be absolutely the wrong conclusion to draw. The Attorney General's convention is clear: the UK Government respect the Scottish Parliament's ability to legislate within its competence on devolved areas. The Government are committed to working with the devolved Administrations and strengthening the Union of the UK.
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Assessment & feedback
Details on timing, alternatives considered, and timeline for changes were not provided.
Convention
Working With The Devolved Administrations
Response accuracy