SOCIETY WELCOMES WORTHWHILE EXAMINATION OF THE DEVOLUTION ARRANGEMENT.
The Law Society of Scotland recognises the report published today by the Commission on Scottish Devolution as an important step in the debate over Scotland’s constitutional future.
Michael Clancy, Director of Law Reform says: “The Society has welcomed the opportunity to engage with the Commission on Scottish Devolution. While not involved in the political discussion over whether the Scottish Parliament should be given further powers, the Society has provided the Commission with evidence on a number of occasions on the legal practicalities of the various options for reform.”
The Constitutional Law Sub-Committee, convened by Christine O’Neill of Brodies, has led the Society’s response to the Commission, but Tax Law, Pensions Law, Insolvency Law, Rural Affairs and the Criminal Law Committees have also been involved in the Society’s representation.
The Society has provided evidence on a number of aspects of the current constitutional arrangement including suggestions on parliamentary procedure such as enhancing scrutiny of legislation by increasing scope for debate at Stage 3. Taking this suggestion forward, the Commission has recommended that Stage 3 should become limited to a second main amending stage with a new Stage 4 becoming the final debate on whether to pass the Bill.
It has also highlighted a number of areas of law devolved to the Scottish Parliament, contained in Schedule 5 to the Scotland Act, which would benefit from clarification. The Commission has recommended that the definition of “social security purposes” in the Act be amended to clarify potential inconsistencies raised by the Society in its evidence.
In addition the Society has suggested that some taxes, including Stamp Duty Land Tax, would be relatively easy to devolve but has also noted that the underlying law is of just as much importance as the right to vary a rate of tax.
Michael Clancy adds: “The Commission’s work represents a detailed and worthwhile examination of the devolution arrangement. The Society hopes that the recommendations which the Commission will make today will result in enhanced democratic engagement and improved procedures for the reform of Scots Law in the Scottish Parliament.”
ENDS 15 June 2009
FOR FURTHER INFORMATION: Please contact Val McEwan on 0131 476 8115 or Ross Sanderson on 0131 476 8153. For the out of hours service please call 0131 226 7411.
The Report, an executive summary and a summary of evidence can be viewed on the Commission's website
here.
