Recommendation 20

There are serious defects to the process around legislative consent memorandums and motions that, at times, call into question the worth of committee engagement in the process. The most fundamental issue is of amendments triggering the need for consent being lodged so late in the UK Bill process that the lead committee has no time to come to a considered view. This is largely an issue for Westminster and Whitehall to solve and, if this is to happen, it will likely require the Scottish Government and Parliament campaigning together in a non-partisan manner. However, the Scottish Government could do more to help committees by setting out its views earlier, by way of a substantive and reasoned LCM, rather than sitting on the matter until late in the process when its dialogue with the UK Government concludes. If the situation does not improve in the next session, we would encourage successor committees to continue to take this issue up with the Scottish Government, possibly through the Conveners Group.