Commons Sense

House of Commons · Ministers' Questions

Legislative Consent

Wednesday 16 March 2022 · 8 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 5 Not answered 0

Key points

  • Ministerial discussions with the Scottish Government involve legislation that may not require legislative consent motions (LCMs) from the Scottish Parliament.
  • The UK Government asserts that it is not undermining devolution and criticizes opposition parties for their stance on devolution.
  • The UK Government plans to introduce further economic crime measures in the next parliamentary session to enhance transparency in company law.

Topics (select to filter)

Questions & Answers

Q1 Patrick Grady SNP
Scotland
Context

Discussions around legislation requiring legislative consent from the Scottish Parliament.

Question

What recent discussions has he had with the Scottish Government on legislation that has not received legislative consent from the Scottish Parliament?

Answer from Alister Jack

The Westminster Parliament can and does legislate for all of the UK, and we have always sought to do so with the consent of the relevant devolved Parliament when we legislate in areas of devolved competence. The Scottish Parliament has passed legislative consent motions for seven Bills in this Session where the legislative consent motion process has been engaged.

Partly answered

Not addressed: The answer did not address recent discussions and focused on general legislation principles.

How: Under Review, Legislation Principles

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Q2 Patrick Grady SNP
Scotland
Context

The question arises from recent Bills that have not received legislative consent from the Scottish Parliament.

Question

Does this actually mark the end of the Sewel convention, and is ignoring the Scottish Parliament becoming the norm?

Answer from Alister Jack

Quite simply, we are not going to take any lessons on defending devolution from a party that wants to destroy it.

Not addressed: The answer did not address the question but attacked the SNP instead.

How: Criticising Opposition

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Q3 Andrew Bowie Con West Aberdeenshire and Kincardine
Scotland
Context

Discussions around mutual respect in the context of devolved governance.

Question

Does my right hon. Friend agree that it is the height of disrespect for the permanent secretary of the Scottish Government, who remains accountable to the UK Cabinet Secretary and draws a six-figure salary, to refuse to appear in front of a Committee of the Scottish Parliament without giving a reasonable excuse as to why?

Answer from Alister Jack

I agree with my hon. Friend that reciprocal respect absolutely underpins the devolution settlement. As to the permanent secretary's decision not to appear in front of the Committee, that is entirely a matter for her.

Partly answered

Not addressed: The answer did not address the question but focused on mutual respect and the decision being hers alone.

How: Mutual Respect

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Q4 Ian Murray Lab Edinburgh South
Economy Scotland Foreign Affairs
Context

The question pertains to the implementation of a legislative consent motion amendment regarding property registration.

Question

Does he think it is right that someone who laundered Putin's dirty money in Scotland before 2014 would be in the clear, while those doing so after 2014 are covered? What is he doing to implement the LCM amendment?

Answer from Alister Jack

On the registration of property, England and Wales changed the rules for transparency of ownership in 1999, but in Scotland they were changed in 2014. The problem we have is that, if we go back before 2014, there is a risk that third parties who did not know they were engaging with an overseas entity that was non-compliant could be hurt.

Partly answered

Not addressed: The answer provided reasons but did not commit to implementing the LCM amendment fully.

How: Risk To Third Parties

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Q5 Ian Murray Lab Edinburgh South
Standards & Ethics
Context

The discussion centres on the reform of Scottish Limited Partnerships and company law for transparency.

Question

Will he commit to reforming Scottish limited partnerships and wider company law so that we can see who actually owns companies?

Answer from Alister Jack

Early in the next Session of Parliament, there will be an updated economic crime Bill and further measures will be taken. The reforms in 2018 increased transparency and put more stringent checks on the individuals forming those companies.

Partly answered

Not addressed: The answer did not provide a direct commitment but mentioned future action.

How: Future Plans

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Q6 David Duguid Con
Scotland
Context

The question challenges the consistency of the SNP's approach to governance.

Question

Does my right hon. Friend agree that there is an inherent contradiction between presenting itself as a defender of devolution and wanting to rip apart the United Kingdom?

Answer from Alister Jack

My hon. Friend will be delighted to know that I absolutely agree.

Answered
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Q7 Pete Wishart SNP Perth and Kinross-shire
Scotland Brexit Democracy & Elections
Context

The question arises from concerns over the decline of legislative consent in Scottish governance, particularly due to Brexit-related legislation. There is a perception that Westminster is legislating in areas traditionally managed by devolved powers.

Question

Is it not the truth that Scotland has never experienced such sustained attacks on our democracy and our democratic institutions? As we have heard, legislative consent is now almost dead and buried, a feature of history, with Westminster now legislating in devolved areas. What is next in the Secretary of State's sights?

Answer from Alister Jack

There are various Bills that come through that are Brexit related: the Professional Qualifications Bill, which is linked to trade Bills, a reserved matter, would be one of them, and the Subsidy Control Bill would be another where we will not get an LCM. We know that, but we need to bring in subsidy controls, because state aid has reverted to the United Kingdom from the EU and it is a UK matter.

Partly answered

Not addressed: The specific actions planned by the Secretary of State were not detailed beyond mentioning two Bills without providing further specifics or timelines.

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Q8 Pete Wishart SNP Perth and Kinross-shire
Scotland Democracy & Elections
Context

The question stems from criticism of the Secretary of State's approach to governing Scotland under the UK, particularly in relation to undermining legislative consent mechanisms. There is also concern over the effect this has had on public confidence and internal party dynamics.

Question

The Secretary of State does not get an LCM because Scotland's directly elected representatives do not agree with it and do not want it. That is why LCMs are withheld. Everybody can see what is going on, and everybody can see his attempts to undermine our democracy. Is it not the case that his muscular Unionism has been a disaster for Scottish democracy? In fact, it has even been a disaster for the Scottish Conservatives, who may or may not now have confidence in their Prime Minister. Is it not also the case that the Scottish people have no confidence in this Government to defend our parliamentary institutions?

Answer from Alister Jack

Absolutely not. We do the right things for Scotland. On the United Kingdom Internal Market Act 2020, we brought the Bill forward without an LCM to protect Scotland's trade with the rest of the UK. The two principles that underpin it are mutual recognition and non-discrimination. That is because 60% of Scotland's trade is with the rest of the UK and a lot of jobs rely on it.

Not addressed: The direct question about the impact of muscular Unionism was not addressed, instead focusing on defending a specific legislative action unrelated to the initial concerns raised by the MP.

How: Focused On Defending Past Actions, Ignored Criticism

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