Question reference: S5W-27239
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
- Date lodged: 3 February 2020
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Current status: Answered by Ash Denham on 24 February 2020
Question
To ask the Scottish Government what formal approaches it has made to the UK Government regarding the transfer of powers over tribunals under the Scotland Act 2016.
Answer
The Smith Commission recommended the devolution of, ‘management and operation of all reserved tribunals (which includes administrative, judicial and legislative powers) to the Scottish Parliament other than the Special Immigration Appeals Commission and the Proscribed Organisations Appeals Commission.’ The Scotland Act 2016 proposed that this devolution should be delivered via an Order in Council.
Responsibility for progressing this devolution lies primarily with the UK Government. While engagement has been taking place at official level, more than five years after the Smith Commission Agreement, the UK Government has not published a draft Order in Council.
The Scottish Government has engaged constructively when our views have been sought. Throughout this period Ministers and officials have pushed UK Government for progress. The Scottish Government has written several times regarding this matter. Most recently, the Minister for Community Safety wrote to the Lord Chancellor in December 2018 about the delay. A further letter was sent by the Cabinet Secretary for Justice on the appointment of the new Lord Chancellor on 26 July 2019 again highlighting the issue.
The Scottish Government will continue to work positively with the UK Government to play our part in developing the Order in Council that is required.