Monday 15 June 2009

Devolution repainted

I've read the Calman Report (it wasn't worth it). I find myself struck by the lack of understanding the Calman Commission had about the current devolution package, what goes on, what the legislative powers of the Scottish Parliament are, how politics works, and how the Governments interact - all of which is in the public domain. Most of the recommendations made are what already happens or can happen should it be desired like, for example, Recommendation 4.3 that the Parliaments should have mechanisms to communicate with each other - yup, they already do.

There are also bits where the recommendations would unnecessarily clutter the current legislative landscape, exempli gratia Recommendation 4.15:
RECOMMENDATION 4.15: A new legislative procedure should be established to
allow the Scottish Parliament to seek the consent of the UK Parliament to legislate
in reserved areas where there is an interaction with the exercise of devolved powers.

Scotland Act Schedule 4:

The law on reserved matters
2 (1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters.
(2) In this paragraph, “the law on reserved matters” means—
(a) any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and
(b) any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,
and in this sub-paragraph “Act of Parliament” does not include this Act.
(3) Sub-paragraph (1) applies in relation to a rule of Scots private law or Scots criminal law (whether or not contained in an enactment) only to the extent that the rule in question is special to a reserved matter or the subject-matter of the rule is—
(a) interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties, or
(b) the obligations, in relation to occupational or personal pension schemes, of the trustees or managers.
(4) Sub-paragraph (3)(b) extends to cases where liabilities under orders made in matrimonial proceedings, or agreements made between the parties to a marriage, are to be satisfied out of assets of the scheme.
3 (1) Paragraph 2 does not apply to modifications which—
(a) are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and (b) do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision.
(2) In determining for the purposes of sub-paragraph (1)(b) what is necessary to give effect to the purpose of a provision, any power to make laws other than the power of the Parliament is to be disregarded.

The important bit there, of course, is paragraph 3:

3 (1) Paragraph 2 does not apply to modifications which—

(a) are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and

(b) do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision.

In essence, Calman is suggesting that something which works fine at the moment, thank you, should become a formal and bureaucratic flummery for the purposes of allowing Calman to suggest something.

Frankly, I expected that those who set out to defend devolution would at least understand it.

Mind how you go!

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