Legislative Consent Motion - Background

Background

The Scotland Act 1998 devolved many issues relating to legislation for Scotland to the Scottish Parliament. The UK Parliament maintains Parliamentary sovereignty and may legislate on any issue relating to the United Kingdom, with or without the permission of the devolved assemblies and parliaments.

The motions were named after Lord Sewel, then Parliamentary Under-Secretary of State for Scotland who announced the policy in the House of Lords during the passage of the Scotland Act 1998. Noting that the Act recognised the Parliamentary sovereignty of the UK Parliament, he said that the UK Government "would expect a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament".

The Scottish Parliament has no say in how the UK Parliament legislates on reserved matters (those matters that were not devolved by the Scotland Act 1998).

Read more about this topic:  Legislative Consent Motion

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