My Lords, I will speak to Amendment 443A, in my name, to Clause 83. The amendment is, very simply, to leave out
“A Minister of the Crown”,
and its purpose is to remove the power from Ministers of the Crown to make regulations under Clause 83. It may be the case, because this relates especially to the situation in Scotland, that my noble friend the Minister is not able to reply this evening, so I would be very grateful if she could write to me, and I can then share that with the Law Society of Scotland, which has raised this matter with me.
7.45 pm
The reason for tabling the amendment is that Clause 83, as drafted, provides a power for a Minister of the Crown or the Scottish Ministers to make regulations
“for the purpose of ensuring that treaty state suppliers are not discriminated against in the carrying out of devolved procurements.”
In the view of the Law Society, under paragraph 7(1) of Schedule 5 to the Scotland Act 1998, international relations are a reserved matter. However, paragraph 7(2) makes clear that observing and implementing international obligations are not reserved matters. The purpose of this amendment is to clarify matters for our better understanding of how the provision under the Procurement Bill before us this evening sits with the Scotland Act 1998—on which I think I made my maiden speech the other place, so it has always been a matter close to my heart.
Removing the provision, as I have tabled in the amendment, under Clause 83(1) for
“A Minister of the Crown”
to make such regulations ensures compliance with the provisions of the Scotland Act. I hope that my noble friend will be able to clarify the situation, if not this evening then in writing.