In the light of the debate so far, I should like to add something to what I said before. I remind the House that the purpose of legislation is to effect a change in the law—to state the law. Subsection (1) is a statement:
“The Scottish Parliament and the Scottish Government are a permanent part”.
Whether or not that changes the law, I do not know. Given the arguments about sovereignty, it may state the law at present but it cannot change it a week next Tuesday because, as my friend Sir Gerald Gordon, an expert lawyer in Scotland, said, there is no written constitution in Scotland in the United Kingdom, but it can be written in one sentence, and that is: “There shall be a Parliament at Westminster, and it can do what it likes”. Another version is: “There shall be a House of Commons at Westminster, and it can do what it likes”. Apparently, the Government do not hold to that view because, as the noble Lord, Lord Forsyth, has pointed out, it cannot do what it likes and must do what the Smith commission has decided it will have to do.
The point I want to make is the important one that subsection (1) makes a statement, although I do know its legal effect at all. But when we look at subsection (2), where I want to add the word “only”, it states:
“The purpose”—
which probably means the only purpose—
“of this section is … to signify the commitment of the”,
UK Parliament et cetera to something or other. In other words, if you interpret subsection (1) by looking at subsection (2), which you have to do, of course, you find that its only purpose—or “the” purpose—is simply to make a statement of fact. I do not see how these things change the law.
The noble Lord, Lord Forsyth, made remarks about the parliamentary draftsmen. They have my deep sympathy because they were given an appalling job to do, given the terms of the report and the whole background to it, including matters discussed on Second Reading. If this is the best they can do, maybe we can try to do better, but we are writing on water here.