Commons Sense

House of Commons · Ministers' Questions

Legislative Competence of the Scottish Parliament

Wednesday 1 February 2023 · 2 questions

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

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 1 Not answered 0

Key points

  • The Law Officers' advice on the section 35 order under the Scotland Act 1998 is not disclosed outside Government to ensure candid legal advice.
  • The Attorney General's convention is clear, respecting the Scottish Parliament's legislative competence within devolved areas.
  • The UK Government is committed to working with the devolved Administrations and strengthening relationships.

Topics (select to filter)

Questions & Answers

Q1 Stuart McDonald SNP
Scotland
Context

Discussions on the potential implications of an order under section 35 for the legislative competence of the Scottish Parliament.

Question

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?

Answer from Victoria Prentis

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.

Partly answered

Not addressed: Specific details of discussions and advice provided by Law Officers were not disclosed due to convention.

How: Convention

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Q2 Stuart McDonald SNP
Scotland Women & Equalities
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.

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?

Answer from Victoria Prentis

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.

Not addressed: Details on timing, alternatives considered, and timeline for changes were not provided.

How: Convention, Working With The Devolved Administrations

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