Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S3W-29028 · Session 3

What legislative consent motions it will lodge in the Parliament in connection with the legislative programme of the UK Government to be an…

Answered Asked by Brian Adam SNP Lodged 17 Nov 2009

The question

To ask the Scottish Executive what legislative consent motions it will lodge in the Parliament in connection with the legislative programme of the UK Government to be announced in the Queen’s Speech on 18 November 2009.

The answer

Answered by Bruce Crawford on 18 Nov 2009 · 1 day after it was lodged, on time

In accordance with the Sewel Convention, the UK Parliament does not legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.
This is an important part of the devolution settlement, which acknowledges 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 UK Parliament retains its current powers and functions in relation to Scotland.
In the normal course of business, legislation on devolved matters should be scrutinised and determined in the Scottish Parliament. There may however be situations in which it is helpful and appropriate for legislation dealing with devolved matters 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.
The formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation on devolved matters, including alterations to devolved competence, in accordance with Chapter 9B of Standing Orders.
Within the legislative programme announced today by the UK Government, we have identified and agreed a number of 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 (LCMs) in the Scottish Parliament cover:
Bribery “ to modernise the law on bribery by creating two new offences covering the bribery of foreign public officials and corporate liability for negligently failing to prevent bribery.
Crime and Security
- to extend regulation of the private security industry in Scotland in a manner which is consistent with analogous new provisions for England and Wales.
Energy “ to support movement by the UK to a low carbon economy, including through the funding of up to four Carbon Capture and Storage (CCS) commercial-scale demonstration projects.
Financial Services
- to promote stability, efficiency and competition in financial markets, including through the provision to the public of advice and education in relation to financial matters.
Flood and Water Management
- to ensure clarity in relation to the regulation of cross border reservoirs, in the context of measures to better protect England and Wales from flooding.
The Scottish Government will, in due course, lodge memoranda and motions for these bills, once they have been introduced in the UK Parliament. It will then be for the Scottish Parliament to determine whether to give or withhold consent.
In addition, three UK bills are being carried over from the 2008-09 session. LCMs for these bills have already been lodged in the Scottish Parliament.
Child Poverty “ to provide statutory underpinning for the UK commitment to eradicate child poverty by 2020, and to place new duties on Scottish ministers in relation to the Scottish child poverty strategy; the new Child Poverty Commission (CPC), and the appointment of a commissioner to the CPC.
Constitutional Reform and Governance
- to place management of the Civil Service on a statutory basis and place a reporting duty on the First Minister in relation to the employment of Special Advisers. The bill also revokes the devolution of competence which enabled the Scot

In the Official Report

No contribution in the Official Report cites S3W-29028 by reference.