Sewel motion

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Sewel motion

a motion made in the Scottish Parliament which remits consideration of matters devolved to the Scottish Parliament by the UK Parliament, back to the UK Parliament. The procedure is named after Lord Sewel, the junior Scottish Office minister at the time of the progress of the Scotland Act. While the UK Parliament remained sovereign over even devolved matters it was stated by him that the government could see that there could be instances where it would be more convenient for legislation on devolved matters to be passed by the UK Parliament, but that by convention that would not normally happen without the consent of the Scottish Parliament. It became established by a Memorandum of Understanding between the UK Government and the devolved administrations (the Scottish Executive, the Welsh Assembly Cabinet and the Northern Ireland Executive) and was further detailed in a series of Devolution Guidance Notes. It accordingly operates in two directions. Sometimes Westminster may require to check that the Scottish aspect has been taken into account; sometimes the Scottish Executive has taken the opportunity of sending back to Westminster matters which they could have dealt with themselves but which are thought to be better considered in a UK context. The Sewel motion itself is passed in the Scottish Parliament ‘authorizing’ the UK process. It proceeds in form as an ordinary motion.
Collins Dictionary of Law © W.J. Stewart, 2006
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Lesley Griffiths, the Minister for Environment, Energy and Rural Affairs, has announced that a legislative consent motion will be put forward, paving the way for the relevant aspects of the Animal Welfare Bill - announced by Defra - to apply to Wales, as well as England.
Lesley Griffiths, Minister for Environment, Energy and Rural Affairs, said she will put forward a legislative consent motion so Wales can adopt new laws being pushed through UK Parliament.
Mr Cairns replied that Wales voted to leave the EU and the Government would continue to work with the Welsh Government in seeking a legislative consent motion to the Bill when it goes through Parliament.
Moving a legislative consent motion in the Senedd, Finance Secretary Mark Drakeford said: "Let me be clear that the Bill to which the National Assembly is asked to give consent today provides that every one of the 64 areas of responsibility currently exercised through the European Union remains here in Wales." Rejecting the suggestion that the UK Government would be in a position to legislate in devolved areas, Mr Drakeford said: "The agreement provides for Parliament not to approve regulations unless the devolved legislatures and administrations have given their consent.
The Welsh Labour Government voted a proposed new law aimed at cracking down on attacks on emergency workers should apply in Wales by backing a Legislative Consent Motion.
He said there was no need for Northern Ireland's regional parliament to pass a legislative consent motion before Article 50 is triggered.
He said he also hoped that progress would be made in securing a legislative consent motion at Holyrood - which would allow MSPs to vote against it.
The Legislative Consent Motion tabled by Social Development Minister Mervyn Storey was passed by 70 votes to 22.
Some in the Bay think this is revenge from London on the Assembly as a whole for its voting against a legislative consent motion - in English, a request to agree - on police commissioners last year.
Ms Rees said: "Would the Secretary of State agree with me that, unless his Government agrees a common approach with devolved nations in advance of phase two of the negotiations, based on proper consideration of the evidence, it is unlikely that the Welsh Government will pass a legislative consent motion ratifying the EU Withdrawal Bill?" Welsh Secretary Alun Cairns replied: "We're working closely with the Welsh Government, we had another productive joint ministerial committee where proposals were made and will rightly be considered.

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