In view of the time, no.
Amendment 11 would clearly impact on the ability of the United Kingdom Parliament to make laws for Scotland. To that extent, it would modify Section 28(7) of the 1998 Act. The effect of that amendment could be interpreted as an attempt to limit the sovereignty of this Parliament, a point that I believe the noble Lord, Lord Stephen, acknowledged, and the Government would not be prepared to accept such an amendment.
Amendment 13, conversely, seeks to state in the Bill that Clause 2 places no limits on the sovereignty of Parliament. We would say that if you say that expressly in one part of the Bill, you have to take care as to the impact that it will have on other parts of the Bill, and that it is appropriate to acknowledge that nothing in the Bill impinges on the sovereignty of Parliament.
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I have mentioned the issue of justiciability and the express provision proposed by the noble and learned Lord, Lord McCluskey. As I indicated, I will be prepared to discuss that matter with him. With regard to Amendments 12, 15, 16 and 20, I will make the following short point. They go well beyond the Smith commission agreement, and the intention of the Bill is to deliver the Smith commission agreement—no more, and most certainly no less. Therefore, we will not accept those at this time.
With respect to Amendments 12 and 20, which were originally put forward by the SNP, again, we do not accept those for the reasons I have already commented upon. We submit that the word “normally” is very material in the context of the justiciability or otherwise of this clause. So far as the further amendment is concerned, it would have the effect of limiting the ability of the United Kingdom Parliament to make provisions applying to Scotland, even in reserved areas, therefore it cannot be accepted.
Finally, I will touch upon Amendment 17, tabled by the noble Lord, Lord Forsyth. I simply say that if that amendment was accepted, it would not be possible, as he indicated himself, for this Parliament to make legislation for Scotland in devolved areas, even with
the consent of the Scottish Parliament. Over the last 15 years, the mode of working between the two Parliaments has been such that they have collaborated repeatedly on the matter of legislation promoted in this Parliament and extending to Scotland in devolved issues. Indeed, it happened as recently as the Serious Crime Act 2015. It is therefore of benefit to both Parliaments that this should happen. I cannot comment upon the observations that some Ministers of the Scottish Government have made with regard to the working of that operation but I urge your Lordships not to press these amendments.