Procedures Committee recommends overhaul of the 'Sewel' process

CPROC004/2005 | 5 October 2005

Changes to the way in which the Scottish Parliament gives its consent to Westminster to legislate on devolved issues (the “Sewel Convention”) have been outlined in a report out today.

The Parliament’s Procedures Committee proposes that the current, largely ad hoc, procedures, should be replaced with a framework of new rules to improve transparency and to enhance the opportunity for parliamentary scrutiny. The report contains a number of recommendations including:

• a requirement on the Scottish Executive to provide information about any Scottish implications arising from Bills announced in the Queen’s speech; and

• a requirement on the Executive to provide a detailed memorandum at an earlier stage in the Westminster process thus giving the Scottish Parliament more time for scrutiny.

The Committee is also encouraging Scottish Ministers to make more time available for debates on Sewel motions which deal with major issues and also proposes scrapping the name “Sewel”, suggesting that in future “Sewel motions” should be known as “Legislative Consent motions”.
It is hoped that the Procedures Committee’s report will be debated in the Chamber towards the end of the year.

Deputy Convener of the Committee, Karen Gillon MSP, said:

“Our aim with this report is twofold. Firstly we want to replace the existing ad hoc procedures with a framework of rules aimed at giving MSPs and the public a better opportunity to scrutinise relevant Westminster legislation. The new rules we propose should make the whole process more transparent and accountable, which is in everyone’s interests.

“Secondly we want to scotch some of the myths and misconceptions that have developed around this Convention. The Convention is not about “handing back” powers to Westminster. It is a legitimate parliamentary device which has been used during the last six years to secure legislative changes in Scotland which would not otherwise have been readily available.”

“This has always been a highly politicised issue. However this report has been agreed by all members of the Procedures Committee who are drawn from parties across the Parliament and I believe that is significant.”

Background

The Sewel Convention is named after Lord Sewel (then Minister of State in the Scottish Office), who stated during Lords Committee stage of the Scotland Bill that the Government expected “a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament” (21 July 1998, Lords Hansard, vol 592, col 791).

In practice, as well as Westminster legislating on devolved matters, the Convention also applies to Westminster legislating to alter the competence of the Parliament or to amend the devolved responsibilities of Scottish Ministers.

The Convention currently exists as an agreement between the UK Government and the Scottish Executive. This “memorandum of understanding” is amplified by “devolution guidance notes” to Government departments.

Under the Convention, if the Government and the Executive agree that it is appropriate to include in a Westminster Bill provisions affecting devolved matters, the Executive invites the Parliament to give consent to those provisions being dealt with by Westminster.

This involves the Executive providing a memorandum about the UK Bill, which is usually considered by a relevant Scottish Parliament committee. The Executive also lodges a “Sewel motion” which the Parliament as a whole is invited to agree (before the Bill reaches its final amending stage at Westminster in the House in which it was first introduced).

The contact for members of the media is:

Richard Holligan Tel: 0131 348 5605
email: richard.holligan@scottish.parliament.uk

For specific committee information, contact:

Procedures Committee contact information

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