词条 | Legislative consent motion | ||||||||||||||||||||||||||||||||||||||||||||||||||
释义 |
A Legislative Consent Motion (also known as a Sewel motion in Scotland) is a motion passed by either the Scottish Parliament, Welsh Assembly, or Northern Ireland Assembly, in which it agrees that the Parliament of the United Kingdom may pass legislation on a devolved issue over which the devolved body has regular legislative authority. BackgroundThe Scotland Act 1998 devolved many issues relating to legislation for Scotland to the Scottish Parliament. The UK Parliament maintains parliamentary sovereignty and may legislate on any issue, with or without the permission of the devolved assemblies and parliaments. The motions were named after Lord Sewel, then Parliamentary Under-Secretary of State for Scotland who announced the policy in the House of Lords during the passage of the Scotland Act 1998. Noting that the Act recognised the Parliamentary sovereignty of the British Parliament, he said that HM Government "would expect a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament". The devolved governments have no formal say in how the British Parliament legislates on reserved matters. Use and applicationThere are two uses for a legislative consent motion:
As well as legislation about devolved matters, the convention extends to cases where UK bills give executive powers to Scottish Ministers, including in reserved areas, or which seek to change the boundary between reserved and devolved matters. Guidance on the use of legislative consent motions for Whitehall departments is set out in Devolution Guidance Note 10. Chapter 9B of the Scottish Parliament's Standing Orders specify the procedure for considering Sewel motions. Legal statusThe convention under which the UK government uses legislative consent motions is not legally binding. It is contained in a "memorandum of understanding" between the UK government and the devolved administrations.[1] That document states in an explanatory note that it is not intended to be legally binding, and the paragraph dealing with the convention makes clear that the UK Parliament retains authority to legislate on any issue, whether devolved or not. {{Quote|quote=14. The United Kingdom Parliament retains authority to legislate on any issue, whether devolved or not. It is ultimately for Parliament to decide what use to make of that power. However, the UK Government will proceed in accordance with the convention that the UK Parliament would not normally legislate with regard to devolved matters except with the agreement of the devolved legislature. The devolved administrations will be responsible for seeking such agreement as may be required for this purpose on an approach from the UK Government. |source=Memorandum of Understanding (October 2013)[1]}}Since then, however, the convention has been incorporated into law in both Scotland and Wales. However, despite this inclusion, the statements are not legally binding on the UK Parliament. Scotland Act 2016In 2016 the UK Parliament passed the Scotland Act 2016 which amended the Scotland Act 1998 to contain an explicit and specific legal reference to the so-called Sewel convention. Section 2 of the 2016 Act reads as follows: {{Quote|2 The Sewel conventionIn section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament) at the end add— "(8) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament."}} Wales Act 2017In 2017 the UK Parliament passed the Wales Act 2017 which amended the Government of Wales Act 2006 to contain an explicit and specific legal reference to Westminster legislation on matters that are devolved to the Welsh Assembly. Section 2 of the 2017 Act reads as follows: {{Quote|2 Convention about Parliament legislating on devolved mattersIn section 107 of the Government of Wales Act 2006 (Acts of the National Assembly for Wales), after subsection (5) insert— "(6) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Assembly."}} Current situation and reviewIn 2005 the Procedures Committee undertook an inquiry into the use of Sewel motions, and heard evidence from Lord Sewel, Henry McLeish (the former First Minister of Scotland), and Anne McGuire, MP (the Parliamentary Under-Secretary of State for Scotland). Following the review, the motions were retitled Legislative Consent Motions and the procedures enshrined in the Parliament's Standing Orders. {{As of|2013|10|7}}, 131 legislative consent motions had been passed by the Scottish Parliament, 39 in the first session (1999–2003), 38 in the second (2003–2007), 30 in the third (2007–11) and 24 so far in the fourth (2011–16).[2]List of refused legislative consent motions
See also
References1. ^1 {{cite web|title=Memorandum of Understanding and Supplementary Agreements Between the United Kingdom Government, the Scottish Ministers, the Welsh Ministers, and the Northern Ireland Executive Committee|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/316157/MoU_between_the_UK_and_the_Devolved_Administrations.pdf|website=www.gov.uk|accessdate=8 November 2016|date=October 2013}} 2. ^{{cite web|url=http://www.scottish.parliament.uk/parliamentarybusiness/Bills/19023.aspx|title=Legislative and Public Bodies Act Consent Memorandums and Motions statistics|date=15 October 2010|publisher=}} 3. ^{{cite web|url=https://www.bbc.co.uk/news/uk-scotland-scotland-politics-16292327|title=MSPs withhold consent from UK Welfare Reform Bill|work=BBC News|date=22 December 2011|accessdate=23 June 2018}} External links
3 : Government of Scotland|Scottish Parliament|Constitutional conventions of the United Kingdom |
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