SP Paper 238 (Web only)
ICI/S4/12/R12
12th Report, 2012 (Session 4)
Report on the Legislative Consent Memorandum on the Marine Navigation (No.2) Bill
Remit and membership
Remit:
To consider and report on infrastructure, capital investment, transport, housing, and other matters falling within the responsibility of the Cabinet Secretary for Investment and Cities apart from those covered by the remit of the Local Government and Regeneration Committee.
Membership:
Malcolm Chisholm
Jim Eadie
Adam Ingram (Deputy Convener)
Alex Johnstone
Gordon MacDonald
Margaret McCulloch
Maureen Watt (Convener)
Committee Clerking Team:
Steve Farrell
Clare O’Neill
Lewis McNaughton
Myra Leckie
Report on the Legislative Consent Memorandum on the Marine Navigation (No.2) Bill
The Committee reports to the Parliament as follows—
Background
1. The Marine Navigation (No. 2) Bill (the Bill) was introduced in the House of Commons on 20 June 2012. It is a Private Members’ Bill in the UK Parliament, sponsored by Sheryll Murray MP.
2. The Bill amends legislation relating to pilotage and harbour authorities. In addition there are provisions covering port constables (there are no port constables in Scotland), modernisation of some of the powers of the Local and General Lighthouse Authorities in regard to commercial activities and other minor amendments to the Merchant Shipping Act 1995.
3. This Bill requires a Legislative Consent Memorandum (LCM) because it confers powers on Scottish Ministers to commence clauses 1 to 6 of the Bill in relation to Scotland by way of clause 13. These clauses relate to amendments to the Harbours Act 1964 and the Pilotage Act 1987.
Legislative Consent Memorandum
4. The Minister for Transport and Veterans lodged a LCM1 on the Bill on 21 November 2012.
5. In the LCM, the Scottish Government states that these proposals are non- controversial, technical in nature and would not merit a separate Scottish Bill. It is of the view that these provisions would be beneficial to Scotland.
6. The LCM includes a draft legislative consent motion, to be lodged by the Minister for Minister for transport and Veterans, as follows—
7. “That the Parliament agrees that the relevant provisions of the Marine Navigation (No. 2) Bill, introduced in the House of Commons on 20 June 2012, relating to the Harbours Act 1964 and the Pilotage Act 1987, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”
8. Committee Consideration
9. The Parliamentary Bureau referred the LCM to the Infrastructure and Capital Investment Committee. The Committee considered its approach to the LCM at its meeting on 28 November 2012 and agreed to take oral evidence from the Minister for Transport and Veterans at its meeting on 12 December 2012.
10. Subordinate legislation
11. At its meetings on 27 November and 4 December 2012, the Subordinate Legislation Committee (SLC) considered the provisions in the Marine Navigation (No.2) Bill that confer powers to make subordinate legislation on the Scottish Ministers. It reported its views on 7 November 2012 confirming that it was content with the powers conferred on Scottish Minsters to make subordinate legislation.
12. However, in its report, the SLC requested that the ICI Committee explore further an issue in relation to the retention of a power to make “incidental provision”. This relates to Clause 13 of the Bill which gives the Scottish Ministers the power to commence sections 1 to 6 in relation to Scotland.
13. Under normal circumstances commencement orders are subject only to the requirement that they are laid before the Parliament. Because of this, the SLC would normally consider the grant of any ancillary powers in connection with commencement carefully. However, the SLC noted that in this case the ancillary powers sought in this Bill contain the power to make incidental provision.
14. The Infrastructure and Capital Investment Committee noted the SLC’s request and questioned the Minister and his officials on this matter when he gave evidence on 12 December 2012. The Committee was advised that this was a minor matter and, although the Scottish Government could have asked for the incidental provision power to be removed, this was not considered necessary as it was unlikely to be used.
15. Recommendation
16. The Committee recommends that the Parliament approves the forthcoming legislative consent motion on the Marine Navigation (No.2) Bill to be lodged by the Scottish Government.
Footnotes:
1 Legislative Consent Memorandum (LCM (S4) 18.1), which is available on the Parliament website at: http://www.scottish.parliament.uk/LegislativeConsentMemoranda/MarineNavigation_LCM.pdf
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