Lord Bruce of Bennachie

The Law Officers may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of a devolved legislature to the Supreme Court for a decision.

This power is set out in relation to the Scottish Parliament, the Senedd and the Northern Ireland Assembly in section 33 of the Scotland Act 1998, section 112 of the Government of Wales Act 2006, and section 11 of the Northern Ireland Act 1998, respectively. The power must be exercised within four weeks of the Bill passing its final stage in the relevant devolved legislature.

The Law Officers exercise this power where we believe that a Bill, or a provision of a Bill, is outside the legislative competence of the relevant devolved legislature. The parameters of the devolved legislatures’ competence are set out in the relevant Acts of Parliament which have devolved various policy areas. The power in each case is discretionary and exercised in accordance with the wider public interest.

Turning to the particular Act of the Scottish Parliament to which the question refers, the UK Withdrawal from the European Union (Continuity) (Scotland) Bill passed its final stage in the Scottish Parliament on 22 December 2020. Having taken all relevant matters into consideration, the Law Officers decided that in all the circumstances to use their discretion not to refer the UK Withdrawal from the European Union (Continuity) (Scotland) Bill to the Supreme Court.

The Law Officers may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of a devolved legislature to the Supreme Court for a decision.

This power is set out in relation to the Scottish Parliament, the Senedd and the Northern Ireland Assembly in section 33 of the Scotland Act 1998, section 112 of the Government of Wales Act 2006, and section 11 of the Northern Ireland Act 1998, respectively. The power must be exercised within four weeks of the Bill passing its final stage in the relevant devolved legislature.

The Law Officers exercise this power where we believe that a Bill, or a provision of a Bill, is outside the legislative competence of the relevant devolved legislature. The parameters of the devolved legislatures’ competence are set out in the relevant Acts of Parliament which have devolved various policy areas. The power in each case is discretionary and exercised in accordance with the wider public interest.

Turning to the particular Act of the Scottish Parliament to which the question refers, the UK Withdrawal from the European Union (Continuity) (Scotland) Bill passed its final stage in the Scottish Parliament on 22 December 2020. Having taken all relevant matters into consideration, the Law Officers decided that in all the circumstances to use their discretion not to refer the UK Withdrawal from the European Union (Continuity) (Scotland) Bill to the Supreme Court.

The Secretary of State for Business, Energy and Industrial Strategy has commissioned a post-incident review into Storm Arwen to identify lessons and best practice for system resilience, consumer protection and additional response support. The Interim Report was published on 17 February 2022 and can be accessed on gov.uk

On the issue of Horizon Europe, I refer the noble Lord to the answer I gave to the noble Lord Bassam of Brighton on 20th May 2020 to Question HL3887.

On the issue of Erasmus Plus, the Government remains open to considering participation the next Erasmus+ programme, provided it is in the UK’s interest to do so.

The UK will consider options for participation in elements of Erasmus+ on a time limited basis, provided they are in line with UK interests and we can agree a fair and proportionate financial contribution. Erasmus+ is a complex programme with very many elements, of which some provide value to the British taxpayer. This will be subject to our ongoing negotiations with the EU.

We will, in parallel with these negotiations, continue to develop a domestic alternative to Erasmus+, to ensure we are prepared for every eventuality as the Government remains committed to international exchanges in education, both with the EU and beyond.

My Rt. Hon. Friend Mr Chancellor of the Exchequer has announced a host of measures to help business in this period with £330bn worth of government backed and guaranteed loans to support businesses across the UK. These support measures remain under review and have been adapted based on feedback from industry to ensure they continue to meet the needs of all sectors of the economy.

Over the past month, Ministers and officials have been proactively engaging with the oil and gas sector and its supply chain by holding virtual meetings with representatives, individual businesses, trade associations, their members and the regulators to ensure that the sector can benefit from the far-reaching package of interventions that the government has put in place to help businesses through the current situation.

Officials in the Department are working closely with the Oil and Gas Authority, to monitor and mitigate the impacts of low oil prices and Covid-19 on the sector and track any financial and operational risks, particularly any that could impact on health, safety, the environment or security of supply.

The FCDO continues to maintain its development capability, and is focusing its learning and development efforts to ensure that it has the right people with the right capabilities working on the highest priorities. The launch of the FCDO removed outdated and artificial distinctions between diplomacy and overseas development. The successes of COP26, the Global Education Summit, and the UK's G7 Presidency, all show the value of integrating development and diplomatic expertise to deliver for the UK.

The Government is committed to returning to spending 0.7% of GNI on official development assistance (ODA) when the fiscal situation allows and has provided a clear measure for this. The two key tests are (1) When we are not borrowing to support day-to-day spending; (2) When underlying debt is falling. Improving economic forecasts show that HMG may meet its test to return to spending 0.7% of GNI on ODA in the final year of this Spending Review.

The Review Team has published Terms of Reference for the Review of the Independent Commission for Aid Impact and sought feedback from the public. They have also asked for written information from a range of stakeholders; and are conducting a series of interviews and roundtables. The Review Team will consider written views from members of the public until 11 November.

This is an internal departmental review. The International Development Committee is being consulted and there will be a small panel of independent experts to provide challenge to the review.