The fix is in...dodgy dave strikes again!
Scotland bill may give Holyrood veto over Human Rights Act repeal
Provision in bill will establish in law a convention that Westminster seeks consent for legislation relating to Scottish matters
Nicholas Watt and Libby Brooks
Thursday 28 May 2015 14.24 BST
David Cameron has strengthened the ability of the Scottish government to block Tory plans to repeal the Human Rights Act, in a move that has caused alarm in some parts of Whitehall.
A brief, little-noticed provision in the Scotland bill, which implements the findings of the cross-party Smith commission, will establish in law a convention that Westminster seeks the consent of Holyrood for legislation relating to Scottish matters.
Some senior Whitehall officials say this will effectively allow the Scottish parliament to veto Tory plans to the repeal the legislation on the grounds that Scotland’s separate legal system would make it impossible for Westminster to act without the consent of Holyrood.
The Sewel convention, established at the foundation of the devolved Scottish parliament in 1999, says Westminster should seek the consent of the Scottish parliament for “reserved”, or UK, legislation that affects Scotland.
The Scotland bill makes clear that the Scotland Act 1998, which established the Scottish parliament, will be amended to entrench the convention. The amendment will say: “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.”
The bill is likely to enter the statute book before the justice secretary, Michael Gove, introduces his plans to carry out the Tory manifesto commitment to repeal the Human Rights Act, meaning he will be obliged to seek the consent of the Scottish parliament to proceed.
Scotland’s first minister, Nicola Sturgeon, has already made clear to Downing Street that she will decline to sign a legislative consent motion under the terms of the Sewel convention to permit the repeal. Her hand will be strengthened further by the new bill.
more:
http://www.theguardian.com/politics/2015/may/28/scotland-bill-human-rights-act-repeal