This item was published during the term of a previous administration that ended in April 2007
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UK legislative programme
17/05/2005
Moves to tackle crime and disorder and public sector reform are key components of the UK's legislative programme which was announced in the Queen's Speech today.
Her Majesty the Queen set out her Government's policies and proposed legislative programme for the new UK parliamentary session.
This programme is proof that devolution is delivering for Scotland, Minister for Parliamentary Business Margaret Curran said.
Ms Curran said: "Improving the lives of everyone in Scotland is what counts. Partnership makes us stronger in that drive.
"The UK Government and the Scottish Executive each have our disctinctive agendas. But in certain areas we also share priorities, including building safer communities and creating excellent public services.
"The Westminster programme published today provides excellent opportunities for the two administrations to work together to deliver on our common programme.
"In Scotland, we are already well advanced in our busy 2004-05 programme of legislation, and will be coming forward with our own new programme in September.
"Already in this session, we have delivered laws on major topics, as varied as protecting vulnerable witnesses, tackling antisocial behaviour, modernising tenement laws, securing our public water services, and restructuring our health service.
"And over the next few months, we will continue to lead the way on issues that matter to people such as such as our smoking bill, modernising divorce laws, and reforming licensing laws.
"Nevertheless, where Westminster Bills touch on devolved areas, and where they can deliver clear benefits for Scotland, it is common sense to consider whether to let Westminster legislate on our behalf.
"That way we get the best of both legislative worlds. Our own ambitious programme, and appropriate legislation on our behalf.
"In that context, the Executive is working with the UK Government to identify and agree specific opportunities to deliver such benefits in relation to the Bills announced with today's Queen's Speech."
The Bills already identified as offering potential are:
- the Animal Welfare Bill - to ensure that people who are banned from keeping animals in England and Wales, following conviction for cruelty to animals there, continue also to be banned from keeping animals in Scotland.
- the Equality Bill - to ensure that the proposed Commission for Equality and Human Rights takes due account of Scottish interests and the duty to promote equality between men and women is placed on Scottish public authorities.
- the European Union Bill - to ensure that the devolution settlement is taken into account in legislation to enable the ratification and implementation in UK law of the EU Constitutional Treaty and to allow a referendum on the Treaty to take place.
- the National Lottery Bill - to provide power for Scottish Ministers to issue directions to the Big Lottery Fund and allow a Scottish Committee to exercise all the functions of the Fund in relation to devolved expenditure.
Westminster does not normally legislate with regard to devolved matters in Scotland unless it has the consent of the Scottish Parliament. This convention - sometimes known as the 'Sewel convention' - is an important part of the devolution settlement, signifying respect for the role of the Scottish Parliament.
For each relevant Bill, the Executive presents the Parliament with a motion and detailed explanatory memorandum as soon as possible after it is introduced at Westminster in order to maximise the scope for scrutiny and debate. It will be for the Scottish Parliament then to determine whether to give or withhold consent.
No powers are handed over to Westminster and the Scottish Parliament can legislate on its own later if it sees fit.
The Executive will maintain a dialogue with the UK Government over the coming weeks and months to see whether further opportunities can be identified. If that proves to be the case, the Executive will bring them to the attention of the Parliament at the earliest opportunity.
Scottish Executive Legislation for 2004/05
Budget (Scotland) Act 2005 - an annual Bill which authorises the Executive's spending plans for the coming financial year. Now an Act of the Scottish Parliament.
Charities & Trustee Investment - To modernise charity law in Scotland, establishing an effective system of regulation with an independent statutory regulator. Completed Stage 2 on 4 May 2005.
Environmental Assessment - Bringing in a comprehensive Environmental Assessment process for all public plans, programmes and strategies that may have significant environmental impact. Introduced 2 March 2005 and currently at Stage 1.
Family Law - To make various reforms to family law deriving from earlier consultation, including responsibilities and rights to unmarried fathers; periods of non cohabitation required for divorce; introducing a package of safeguards for cohabiting couples and possibly other new material. Introduced 7 February 2005 and currently at Stage 1.
Further & Higher Education - To merge the Higher and Further Education Funding Councils to form a new body to fund further and higher education, and charge them to have regard to the future skills needs of Scotland. This will allow for greater transparency in funding of further and higher education. Bill passed Stage 3 on 20 April 2005 and currently awaiting Royal Assent.
Gaelic Language - To establish the Gaelic development body, Bòrd na Gàidhlig; oversee the development of the language; introduce a National Gaelic Language Plan to promote the use of the Gaelic language, and introduce Gaelic language, plans for public authorities, where appropriate, to encourage and facilitate the use of the language in public life. Bill passed Stage 3 on 21 April 2005 and also awaiting Royal Assent.
Smoking, Health and Social Care - To enable the Executive to continue with its programme of improving health of Scotland and improving health and social care provision by bringing forward legislation in response to recent consultation exercises. Key proposals in the Bill include prohibition of smoking in certain wholly enclosed spaces and free eye and dental examinations for all. Stage 2 commences 17 May 2005.
Housing - To build on the recommendations of the Housing Improvement Task Force, focusing on measures designed to encourage and, where necessary, require owners to keep their houses in good condition. Introduced 7 March 2005 and currently at Stage 1.
Human Tissue - To modernise existing legislation relating to hospital post-mortem examinations and organ donation and transplantation from both living and deceased donors. It will also contain provisions reducing constraints on the effectiveness of the Anatomy Act 1984. Still to be introduced.
Licensing - To take forward the Nicholson review of liquor licensing, introducing new licensing principles to underline less bureaucratic licensing arrangements; improved public order in licensed premises through better enforcement and compulsory training; introduction of a new national licensing forum. Introduced 28 February 2005 and currently at Stage 1.
Management of Offenders - The Bill will comprise provisions which establish a duty on criminal justice agencies, primarily the Scottish Prison Service and local authorities, to work together in local partnerships to develop a local plan to address and manage reoffending in the area. Introduced 4 March and currently at Stage 1.
Protection of Children & Prevention of Sexual Offences - To protect children from sexual predators through the creation of a statutory offence of meeting children following grooming behaviour for sexual purposes, and to introduce new restraining orders on convicted and potential offenders. Stage 2 completed 4 May 2005.
Prohibition of Female Genital Mutilation - To ensure that girls are not sent abroad from Scotland for the purpose of female genital mutilation. Stage 2 completed 3 May 2005.
Transport - To create regional transport partnerships for the whole of Scotland; tighten the regulation of utility company road works; and give Ministers powers to run concessionary travel schemes through the new national transport agency. Stage 2 completed 10 May 2005.