The Sewel Convention

The Scotland Office manages the Government's commitments under the Sewel Convention, providing advice to both UK Government departments and the devolved administration in order to safeguard the integrity of the devolution settlement. The Sewel Convention stems from a statement made by Lord Sewel during the passage of the Scotland Bill that the UK Parliament would not normally legislate on devolved matters without first getting the consent of the Scottish Parliament. The terms of the Convention are set out in Link opens in new windowDevolution Guidance Note 10. The Convention may be triggered if a Bill in the UK Parliament:

  • Legislates for a devolved purpose;
  • Alters the functions of Scottish Ministers (either increasing or decreasing); and
  • Alters the legislative competence of the Scottish Parliament (either increasing or decreasing.

When provisions in UK Government Bills include one or more of these triggers, the Scottish Parliament's consent is sought. The consent of the Scottish Parliament is given by way of a Legislative Consent Motion (LCM) which is laid before the Scottish Parliament (usually by the Scottish Ministers) in line with the Parliament's Link opens in new windowStanding Orders. The LCMs are scrutinised by committees and are subject to a vote in the main chamber of the Scottish Parliament.

Whilst the UK Parliament may legislate on any matter, be it reserved or devolved, the Government is proud of its work to establish devolution in Scotland and is committed to respecting the competence of the Scottish Parliament. In the first two sessions of the Scottish Parliament the Scottish Ministers tabled 82 LCMs in the Scottish Parliament.

The UK Parliament continues to play a pivotal role in Scotland and Bills extend to Scotland on a variety of reserved and devolved matters. On issues which are devolved in Scotland, but which have an impact across the UK, it is often necessary to provide for a UK-wide legislative regime. A good example of this and cooperation between UK and Scottish Ministers is the Link opens in new windowLCM for the Climate Change Bill in the 2007-2008 session. Other LCMs are required because it is necessary to update devolved law to reflect changes in the rest of the UK or Scottish Ministers request that provisions in UK Bills extend to Scotland in a devolved area.

A full list of the LCMs tabled in the Scottish Parliament can be found on the Link opens in new windowScottish Parliament's website.