Member

Let us suppose that this combination of the Section 30 order before us and Section 104 regulation could work as the Government propose. The outcome from a constitutional perspective would be extraordinary. The Bill passes but cannot work without the Section 104 regulations on the regulation of the medical profession. That is accepted. What happens if the Secretary of State refuses to make the Section 104 regulations? There is nothing the Scottish Parliament can do about that; there is nothing the Scottish Government can do about that. Therefore, the Scottish Parliament would pass what purports to be an Act of the Scottish Parliament, and is therefore competent and is law, but which cannot come into force without the consent of the United Kingdom’s Secretary of State. It is left in limbo. That is an extraordinary outcome. Alternatively, the Secretary of State may decide to make regulations under Section 104 but has no obligation to consult either the Scottish Parliament or the Scottish Government about the terms of those regulations. They can simply be imposed and, again, that will create tensions within the devolved settlement.