skip to content
 
Monday, 9 February 2015

Mark Elliott advises House of Commons and House of Lords select committees on proposed Scotland BillDr Mark Elliott has given oral evidence to two parliamentary select committees on the constitutional implications of the proposed Scotland Bill. The proposed legislation has been drafted in order to implement the recommendations of the Smith Commission, made in the aftermath of the "no" vote in the Scottish independence referendum. As well as providing for the devolution of substantial additional powers to the Scottish Parliament, the draft legislation contemplates significant changes to the constitutional relationship between the UK Parliament and its Scottish counterpart.

On Monday 2 February 2015, Dr Elliott appeared before the House of Commons Political and Constitutional Reform Committee, and on Wednesday 4 February he gave evidence to the House of Lords Constitution Committee.

Dr Elliott's evidence particularly concerned the proposal in the draft legislation to recognize the Scottish Parliament and Government as "permanent" institutions and to place on a statutory footing existing constitutional practices whereby the UK Parliament does not interfere uninvited in matters falling within the Scottish Parliament’s competence. In his evidence, Dr Elliott argued that the draft legislation as presently framed would not in law make the Scottish institutions permanent or preclude UK legislation on devolved matters, and he questioned the legal and constitutional feasibility of taking such steps.

Dr Elliott's written evidence is also available from SSRN:

The Proposed Scotland Bill: The Constitutional Implications of Draft Clauses 1 and 2

The hearings can be accessed at:

House of Lords: Constitutional Committee

House of Commons: Political and Constitutional Reform Committee

News