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Article 5: The Law-Making Procedure, Transparency.

Description

The law-making powers of Parliament, the procedures for scrutiny and enactment of legislation; commissions of enquiry powers to summon evidence; the conduct of Parliament and disciplinary powers.

Debate

Section 5.1. Parliament is the sole authority empowered to enact legislation on behalf of the people. All such legislation will include a review date.

2 comments · 16 Aug 2020
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Section 5.2. Subject also to any detailed provisions prescribed by Parliament’s own rules of procedure, Parliament will enact laws as prescribed in sections 5.3 to 5.8.

2 comments · 16 Aug 2020
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Section 5.3. Legislative bills may be proposed by the Scottish Government, by any individual Member of Parliament, or by means of a public petition signed by at least five per cent of the Nation’s registered voters; provided, that bills relating to matters of public revenues and finance, may only be proposed by the responsible Minister.

5 comments · 16 Aug 2020
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Section 5.4. The submitted legislative bills will be subjected to deliberation and process by an appropriate cross-party parliamentary committee before they are debated in Parliament. An assessment of the impact of legislation will accompany legislative bills.

6 comments · 16 Aug 2020
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Section 5.5. A submitted bill will be debated in Parliament, and if approved by a majority of those voting, it will be presented to the appropriate committee of Parliament. The committee will conduct hearings, to which representations may be made by or on behalf of all persons or groups interested in the subject matter of the bill. The committee will have the right to subpoena persons, who will be required to provide evidence, under oath.

7 comments · 16 Aug 2020
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Section 5.6. The appropriate committee will report on a proposed bill to Parliament, and will recommend such amendments, as they deem necessary or expedient. The committee will ensure the bill is fit for purpose and the financial costs of implementation are fully evaluated. Parliament will vote on the amended bill.

1 comment · 16 Aug 2020
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Section 5.7. Parliament will vote upon the proposed bill in the form agreed following assessment by the appropriate committee. The bill will be deemed to have passed if approved by a simple majority of Members of Parliament.

2 comments · 16 Aug 2020
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Section 5.8. The Head of State, on the instruction of the Presiding Officer, will sign and thus enact as law, all bills passed by Parliament.

8 comments · 16 Aug 2020
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Section 5.9. The Act of Parliament for the levying of public revenues and the fiscal budget will remain in force for a period of five years from the date on which the Act came into force.

4 comments · 16 Aug 2020
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Section 5.10. Parliament will appoint committees to inspect and oversee the Government and to scrutinise specific legislation. They will consist of at least seven members, chosen by parliamentary vote, by proportional representation of political groups.

10 comments · 16 Aug 2020
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Section 5.11. Parliamentary Committees, Parliamentary Commissions and Boards of Enquiry will have right of access to official documents, files and other evidence. They will have the power to summon and subpoena witnesses, including Ministers and other officials, to provide evidence given under oath.

1 comment · 16 Aug 2020
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Section 5.12. Members of Parliament holding a ministerial office will, by virtue of that office, be disqualified from membership of all select committees and from Parliament’s Corporate Body. They may serve on Parliamentary Commissions and Boards of Enquiry only where there is no conflict of interest.

2 comments · 16 Aug 2020
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Section 5.13. The proceedings of Parliament, its committees and commissions, will be open to the public and media, except in matters of national security, where the Presiding Officer may, upon appropriate advice, determine that it is advisable to carry out the debate in camera.

1 comment · 16 Aug 2020
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Section 5.14. The non-government aligned Members of Parliament may elect a member who will be designated by the Presiding Officer as the Leader of the Opposition.

2 comments · 16 Aug 2020
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Section 5.15. Members of Parliament will swear an oath of allegiance to serve and promote the wellbeing of the people of Scotland, to uphold the laws and Constitution of Scotland and to act on behalf of the people of the constituency represented.

1 comment · 16 Aug 2020
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Section 5.16. Parliament will have the authority to initiate a vote of no confidence in an individual Minister, the Scottish Government as a whole, or an individual Member of Parliament. The Parliamentary Bureau will have the authority to discipline the offender/s.

4 comments · 16 Aug 2020

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