Back to the Scottish Parliament Legislative Consent Memorandum - Climate Change Bill
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

Introduction

The Scottish Government has published a 'Legislative Consent Memorandum' on the recently introduced UK Climate Change Bill. This invites the Scottish Parliament to agree the provisions in the UK Bill that relate to matters devolved to Scotland.

Legislative Consent Memorandum - background information

A Legislative Consent Memorandum (LCM) relates to a Bill under consideration in the United Kingdom Parliament (Westminster) and which contains what are known as “relevant provisions”. These are provisions to:

  • change the law on a “devolved matter” (an area of policy which Westminster has devolved to the Scottish Parliament); or
  • alter the “legislative competence” of the Scottish Parliament (its powers to make laws) or the “executive competence” of Scottish Ministers (their powers to govern).

Under an agreement known as the “Sewel Convention”, Westminster will not pass Bills that contain relevant provisions without first obtaining the consent of the Scottish Parliament.

The consent itself is given through a motion (a Legislative Consent Motion) which is taken in the Chamber of the Scottish Parliament – but the detailed scrutiny is done by a committee on the basis of a memorandum.

Opportunity to comment on the Legislative Consent Memorandum

Please note that the deadline for commenting on the LCM has now passed and this section contains historic information. Submissions received by the Committee can be found at the foot of this page.

The Committee is interested in receiving the views of individuals and organisations on the LCM by Wednesday 28 November, ahead of a committee meeting on Tuesday 4 December 2007. At this meeting, the Committee plans to question the Minister for Transport, Infrastructure and Climate Change on the details of the memorandum.

The parliamentary timescale for considering the Legislative Consent Memorandum is tight. Any views should therefore be submitted by Wednesday 28 November 2007. This will allow the Committee time to read and analyse the views, before questioning the Minister.

You may wish to express a view, for example, on the merits of the policy contained in the relevant provisions of the Westminster Bill, or comment on the justification for using the legislative consent route.

Written Submissions received by the Committee (all submissions are pdf)

Debate in the Parliament on the Legislative Consent Memorandum - 20 December 2007