I support the amendment tabled by the noble and learned Lord, Lord Hope of Craighead. I said near the start of the debate that I felt that, of all the stuff we have had in Committee over the past few days, this clause was the one thing that was inconsistent with the Smith commission agreement. I shall explain a bit more of my thinking behind that.
I have my dog-eared copy of the Smith commission report here, and in the foreword there is a paragraph headed “A more autonomous Parliament”, which starts:
“The Scottish Parliament will be made permanent … and given powers over how it is elected and run”.
In paragraph 26, entitled “Powers over the operation of the Scottish Parliament and the Scottish Administration”, we read that:
“UK legislation will give the Scottish Parliament powers to make decisions about all matters relating to the arrangements and operations of the Scottish Parliament and Scottish Government, including”,
and then follows a list of the things that are included.
It seems to me that those words—and I am sure that we could trawl through the Smith commission report and find others—at least raise a reasonable doubt about whether the provisions are consistent with the Smith agreement. I would certainly feel, on balance, that they were not. There are few fans of Henry VIII clauses in this House, and I can see no reason why these powers are needed, or indeed—because of my point about the Smith commission—why they should be there.