We have discussed amendments 13, 14 and 15 with a number of bodies, including the Law Society of Scotland, and we are attempting to clear things up and respect the doctrine of the separation of powers, so that the Executive can take responsibility for publishing references made by them in relation to the suspension of Acts subject to scrutiny by the Supreme Court. The Bill currently stipulates that the Presiding Officer shall publish the notice of any reference to the Court in the Edinburgh Gazette, and in other ways as he or she considers appropriate. As the Minister will be aware, the references will be made by one of the Law Officers, be it the Attorney-General, the Lord Advocate or the Advocate-General. Our contention is that the Law Officer making the reference should also have the responsibility to publish the fact of the reference, whether by publication or on a departmental website, so that it is not left to the Presiding Officer.
Amendments 14 and 15 deal with the publication of the notice, which the Bill currently states should be in the Edinburgh Gazette. To ensure consistency of approach, we suggest adding the London Gazette and the Belfast Gazette to the list of publications in which a reference must be published. That is significant, particularly as we are dealing with issues that are potentially subject to a reference to the Supreme Court.
Scotland Bill
Proceeding contribution from
Tom Greatrex
(Labour)
in the House of Commons on Monday, 7 March 2011.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Scotland Bill.
Type
Proceeding contribution
Reference
524 c696 
Session
2010-12
Chamber / Committee
House of Commons chamber
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2023-12-15 15:23:28 +0000
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