Scotland Bill — House of Commons, 2015-11-09
Topic: Social Welfare
David Gordon Mundell (Conservative, Centre-right): No, I will not The amendments set out by both Labour and the SNP in relation to this group go beyond what the Smith commission proposed. The Government amendments deliver the Smith commission in full. On that basis, I hope that the House will support the Government amendments Question put and agreed to. New clause 14 accordingly read a Second time, and added to the Bill. New Clause 34 Power to create other new benefits ‘(1) The Scotland Act 1998 is amended as follows (2) In Section F1 of Part 2 of Schedule 5, in the Exceptions, after exception 9 (see section [Welfare foods] above) insert— Exception 10 Schemes which provide assistance for social security purposes to or in respect of individuals by way of benefits and which— (a) are supported from sums paid out of the Scottish Consolidated Fund, (b) do not fall within exceptions 1 to 9, and (c) are not connected with reserved matters (other than matters reserved only by virtue of this Section) This exception does not except providing assistance by way of pensions to or in respect of individuals who qualify by reason of old age This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct (for example, non-compliance with work-related requirements relating to the benefit) unless— (a) the requirement for it also arises from some exceptional event or exceptional circumstances, and (b) the requirement for it is immediate. For the purposes of this exception "reserved benefit" means a benefit which is to any extent a reserved matter In this exception the reference to schemes supported from sums paid out of the Scottish Consolidated Fund does not include schemes— (a) in respect of which sums are at some time paid out of the Scottish Consolidated Fund, but (b) which are directly supported from payments out of the Consolidated Fund, the National Insurance Fund or the Social Fund, or out of money provided by Parliament." (3) Schedule 4 (enactments etc protected from modification) is amended as follows (4) In paragraph 2, at the end insert— "(5) Sub-paragraph (3) does not affect sub-paragraph (1) as it applies to an Act of the Scottish Parliament so far as any matter to which a provision of the Act relates falls within exception 10 of Section F1 of Part 2 of Schedule 5." (5) In paragraph 3, at the end insert— "(3) Sub-paragraph (1) does not affect the application of paragraph 2 to modifications which are incidental to, or consequential on, any provision, if it is only by virtue of exception 10 of Section F1 of Part 2 of Schedule 5 that the provision does not relate to reserved matters."" ..—(Stephen Barclay.) This amendment creates a new exception to the social security reservation to provide the Scottish Parliament with new powers to create new benefits. It provides competence to legislate for social security benefits the cost of which is to be met from the Scottish Consolidated Fund. Brought up, read the First and Second time, and added to the Bill. New Clause 15 Abortion "In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit Section J1 (abortion)." —(Stephen Barclay.) This amendment removes the specific reservation of abortion in part 2 of schedule 5 of the Scotland Act 1998 thereby devolving legislative competence on the subject-matter of abortion to the Scottish Parliament. Brought up, and read the First time. Question put, That the clause be read a Second time.