Committee Updates April 2015

Scotland’s Constitutional Future – the draft clauses

We submitted our response to the UK Government’s draft legislative clauses to implement the Smith Agreement.  We highlighted the issues with clause 1 regarding the permanency of the Scottish Parliament and the challenges that this presents from a legal perspective.  The concept of parliamentary sovereignty means that one parliament cannot bind a future parliament, and while the political will is clear, the current wording of the clause would still allow a future UK Parliament to repeal the original Act which established the Scottish Parliament.  Our director of law reform Michael Clancy gave oral evidence to the House of Commons’ Political and Constitutional Reform Committee on the draft clauses, who in their report made similar remarks, supporting our evidence. 

Our full response to the UK Government legislation and a link to the evidence session is on our website