Scotland Act 1998 (Modifications of Schedule 5) Order 2006

My Lords, I thank everyone who has spoken on this short order, and I do not think that apologies are necessary for coming in with strong support in the matter before us. I will try to deal with the questions that have been raised. The noble Duke, the Duke of Montrose, talked about Section 115 of the Scotland Act. The order does mention Section 32. It is subject to the Type A procedure under Schedule 7 to the Scotland Act. He commented on the proposals to remove in due course the existing commissions which are covered. Obviously, that will be done when their work is finished and when they are wound up. The noble Lord, Lord Maclennan, talked about the uncertainty that might be created by the memorandum of understanding and precisely where that is taking us. Perhaps I can expand a little on where the work on this stands. We have tried to respond to the strong call for the body’s arrangements in Scotland to fit well with devolved legislation, institutions and policies. The CEHR’s policies will take account of the distinct and evolving economic, political and cultural circumstances of Scotland to be responsive to Scotland’s needs. The CEHR will have a member on its board who knows about conditions in Scotland—that is provided for in the Bill—and this appointment will be made with the consent of Scottish Ministers. There will be a statutory Scotland committee to oversee the work of the CEHR in Scotland, and the committee will uniquely have delegated powers to set priorities for and oversee the commission’s work in Scotland. It will also provide a Scottish perspective on the development of GB priorities and their delivery in Scotland. I think that the memorandum of understanding is particularly focused on the relationship with the Commissioner for Human Rights in Scotland because the issue of human rights is neither a reserved nor a devolved matter. I think it is intended that the CEHR’s human rights role in Scotland will be limited in practice to human rights issues on reserved topics. I think that that is going to be the thrust of the memorandum. If it is different from that I will of course write to the noble Lord.