Stuart McDonald – 2023 Parliamentary Question on Legislative Competence of the Scottish Parliament

The parliamentary question on Stuart McDonald, the SNP MP for Cumbernauld, Kilsyth and Kirkintilloch East, in the House of Commons on 1 February 2023.

Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)

What discussions she has had with Cabinet colleagues on the potential implications of an order under section 35 of the Scotland Act 1998 for the legislative competence of the Scottish Parliament.

The Attorney General (Victoria Prentis)

As I said earlier, by convention, information on whether the Law Officers have been asked to provide advice and the content of such advice are not disclosed outside Government. That convention enables candid legal advice to be given.

Stuart C. McDonald

Why was the prospect of a section 35 order not raised at any time before the Gender Recognition Reform (Scotland) Bill was overwhelmingly passed by the Scottish Parliament? What alternatives did the Attorney General look at? When will she set out the changes to the Bill that she wants to see before the Government would revoke the section 35 order? Those are simple questions. If she cannot answer them, all we can conclude is that the Government have lost their last shred of respect for the Scottish Parliament.

The Attorney General

That would be absolutely the wrong conclusion to draw. The Attorney General’s convention is clear: the UK Government respect the Scottish Parliament’s ability to legislate within its competence on devolved areas. The Government are committed to working with the devolved Administrations and strengthening the Union of the UK.