To provide for the better protection of fresh-water fish in Scotland, and for other purposes relating thereto. Presented by Sir Robert Hamilton, supported by Brigadier-General Charteris, Colonel Thom, and Major-General Sir Robert Hutchison. Ordered, by The House of Commons, to be Printed, 7 May 1928. To be purchased directly from H.M. STATIONERY OFFICE at the following addresses: 120, George Street, Edinburgh; York Street, Manchester; MEMORANDUM. This Bill provides for the establishment in Scotland of a single chamber Parliament dealing with Scottish affairs which shall have sovereign power to make laws for the peace, order, and good government of Scotland, (and an Executive Committee to aid and advise His Majesty's representative representative in Scotland responsible to that Parliament), deriving its power from the people of Scotland voting in parliamentary elections. It shall consist of 148 members representing the existing constituencies and returned by the parliamentary electors as defined in the Bill. The representation of Scotland in the Commons House of the Imperial Parliament will cease at the date when the Scottish Parliament is constituted. The members of the Imperial Parliament who represent Scottish constituencies shall then retire from that Parliament and no others shall thereafter be elected. The executive power will continue vested in His Majesty the King, who will be represented in Scotland by a Lord High Commissioner who shall be appointed in like manner as the Governor-General of Canada, and in accordance with the practice observed in the making of such appointments. The administration will be carried on by the Lord High Commissioner advised by an Executive Committee of a Scottish Privy Council. The control of all persons and matters in Scotland at present vested in and controlled by the Imperial Parliament at Westminster shall be transferred from the Imperial Parliament at Westminster to the Scots Parliament and with the exception of the Navy, the Army, the Air Force, and the Foreign Office; in this Bill referred to as "Joint Services" which shall be administered jointly by the Scots and Imperial Parliaments except as otherwise provided for, all the national services and departments, including the postal, telegraph, telephone and wireless services, the administration of Old Age Pensions, National Health and Unemployment Insurance, and customs and excise, shall be under the sole control of the Scots Parliament. Provision is made in the Bill for separation of any or all of the Joint Services on the demand of either the Scots or Imperial Parliaments, or when the Parliament fail to agree on the proportion of the cost of the Joint Services to be borne by each, or the administration of the Joint Services. The power of levying and collecting all taxes, including income tax, in Scotland shall be transferred to the Scots Parliament, and the taxes so levied and collected in Scotland shall be paid into a Scottish Treasury. The expenditure connected with the aforesaid national services services and departments and departments which, on the appointed day, will come under the sole control of the Scots Parliament, shall be provided by the Scots Parliament alone. Expenditure connected with the administration of the Joint Services shall be paid partly by the English and partly by the Scottish Treasuries in proportions to be agreed upon between the two Governments, and in default of agreement, to be ascertained by the Joint Council hereinafter mentioned, subject to ratification by both Governments, and this arrangement shall continue until such time as all or any of the Joint Services are separated. If separation of all or any of these services should take place, each country shall then administer and finance its own service. A consultative council to be called the Joint Council shall be established for the purpose of ascertaining and declaring the rights of the two countries in any matters of common interest, where there is any disagreement between the two Governments on such matters. This Council shall meet as often as is deemed necessary by either Government, and full information on all matters referred to it shall be supplied to the Council by both Governments. The deliverances of the Council shall not be binding on both countries unless ratified by both Parliaments. A Supreme Court of Scotland is substituted for the House of Lords as the final Court of Appeal, and all constitutional questions will be determined by that tribunal, subject to the right of any person to petition His Majesty for leave to appeal to His Majesty in Council. ARRANGEMENT OF CLAUSES. Clause. 1. Establishment of Scots Parliament. 2. Legislative powers of Scots Parliament. 3. Executive power in Scotland. 4. Summoning, &c. of Scots Parliament. 5. Royal assent to Bills. 6. Composition of Scots Parliament. 7. Privileges, qualifications, &c. of members of Scots Parliament. 8. Cessation of Scottish representation in House of Commons. 9. Scottish revenue and expenditure. 10. Powers of Scots Parliament with respect to taxation. 11. Apportionment of the public debt. 12. Salary and expenses of the Lord High Commissioner. 13. Tenure of office by judges. 14. Court of Session and Court of Final Appeal. 15. Appeal in cases where the validity of a Scottish law is questioned. 16. Provisions as to existing judges and other persons having salaries charged on the Consolidated Fund. 17. Continuation of service of existing officers. 18. Provisions as to existing pensions and superannuation allowances. 19. Definition of Scottish officer, and provision as to officers in whose case questions may arise, &c. Administration of Joint Services. 20. 21. Constitution, powers, and maintenance of Joint Administrative Council. 22. 23. Continuation of existing laws, institutions, &c. Use of Crown lands by Scottish Government. 24. Arrangements between departments of the United Kingdom and Scottish departments for exercise of powers and duties, including the administration of Joint Services. |