Oral Answers to Questions
Alister Jack Excerpts(7 months, 1 week ago)
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Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
We have again seen calamitous events in Scotland this week. However, I wish Humza Yousaf very well for the future. I always found him to be a very decent man to work with, and there is no doubt that he was dealt a rotten hand.
Although I do not want to dwell unduly on the private grief of SNP Members, I very much hope that whoever becomes First Minister will work with us on the issues that really matter to people in Scotland, such as public services and our economy, and will not continue to obsess with independence.
This Government are taking long-term decisions to cut taxes for working people and to grow the economy. The spring Budget represented a significant milestone in the UK Government’s levelling-up mission, with investment into Scotland bursting through the £3 billion mark. In addition, the Scottish Government will benefit from a £295 million funding uplift through the Barnett formula for 2024-25.
Ms Qaisar
The reality is that the Chancellor’s regressive spring Budget left the people of Scotland behind. In contrast, the SNP Scottish Government took the bold step of implementing a progressive tax scheme.
The Westminster establishment argued that Scotland’s income tax rates would somehow cause people to leave the country. Last week, however, it was revealed by His Majesty’s Revenue and Customs that the opposite is true, with many more taxpayers moving to Scotland than leaving. Will the Secretary of State join me in welcoming this brilliant news and congratulating the Scottish Government on standing up for the people of Scotland?
Mr Jack
The hon. Lady’s point would be relevant if that report were not from 2018-19, long before we entered into six tax bands in Scotland, versus three in the rest of the UK. I absolutely do not agree with her.
Chris Stephens
The Secretary of State mentioned levelling up, which is curious. We know that the Budget cut public services across the board and cut Scotland’s capital funding, yet levelling up seems to benefit places such as the financial district of Canary Wharf, which has benefited by £16,000 per head. Is he suggesting that Scotland, but not other parts of the UK, should accept austerity from this Government?
Mr Jack
That is a ridiculous remark. The levelling-up agenda in Scotland has been fantastically successful, and there has been absolutely no austerity. The Scottish Government have received a record block grant of £41 billion, the highest since devolution began. I am surprised that the SNP wants to talk about the Budget, because the Scottish Government’s Budget put taxes up and cut vital public services, so Scots are actually paying more and getting less.
Gavin Newlands
What utter nonsense. The hypocrisy of this Tory party, which is busy gaslighting the Scottish public by complaining about cuts to capital spending while the Tory Government are busy cutting 16%, or £822 million, from the Scottish Government’s capital block grant allocation, is quite astonishing. With Westminster holding Scotland back yet again, can the Secretary of State tell us, as Scotland’s man in the Cabinet, whether he argued against these cuts? Will he argue for the Scottish Parliament to have the ability to raise more capital borrowing to mitigate these savage Westminster cuts and to help drive Scotland forward?
Mr Jack
In the fiscal framework settlement, we made it very clear and agreed with the Scottish Government that resource funding could be reallocated, if they so wished, from the record block grant into capital funding. That is what has happened. Additionally, they have the ability to borrow £450 million, if required.
David Mundell (Dumfriesshire, Clydesdale and Tweeddale) (Con)
I also begin by passing on my best wishes to Humza Yousaf and his family. I always found him very personable in my dealings with him, although I disagree with virtually everything he has said or done as First Minister of Scotland, particularly putting up taxes and delivering poorer public services.
Is my right hon. Friend aware that businesses in my constituency are struggling to recruit employees from other parts of the United Kingdom because of the higher tax rates in Scotland, which are damaging our local economy?
Mr Jack
My right hon. Friend makes a good point. I am well aware, as are businesses in Dumfries and Galloway, that having six tax bands in Scotland but three in the rest of the UK is not the way to incentivise people to go to work in Scotland or even to relocate their businesses there.
Ian Murray (Edinburgh South) (Lab)
On this International Workers’ Day, May Day, Scottish Television journalists are striking for fair pay. I am sure the Secretary of State will join me in insisting that STV gets back around the table with its journalists to thrash out an acceptable deal. Given all the news that is happening this week, we need them back on the television.
I too pay tribute to the outgoing First Minister, Humza Yousaf. We may not have agreed on everything, but his historic appointment marked a pivotal moment in our multicultural public life in Scotland, and I wish him and his family well for the future.
The spring Budget was just another moment that exposed the damage done by the chaos of the former Prime Minister’s kamikaze Budget. The Secretary of State has been spinning that it brings taxes down, but is it not the case that the tax burden in Scotland and across the rest of the UK continues to rise? The Prime Minister now wants to mirror his irresponsible predecessor with an unfunded £46 billion policy to get rid of national insurance altogether. The Secretary of State sits around the Cabinet table, so which one of these have they discussed to pay for this: pensioners, the NHS or income tax rises?
Mr Jack
I agree with the hon. Gentleman that the tax burden in Scotland is too high and rising, and people are paying more and getting less. Fortunately, the UK Government have taken the decision to partially offset that, not through income tax cuts but through national insurance cuts, with 4p coming off NI. To pick up on his last point, he was referring to an aspiration that this Government have. We have already reduced NI by 4p, a third, and we aspire to remove it altogether, because it is a tax on jobs.
Ian Murray
This is a £46 billion, unfunded aspiration, and the Secretary of State and the Government will not tell us where they will get the money from. Scotland is trapped between two chaotic and failing Governments; we have had three Prime Ministers, and we will have had three First Ministers, in as many years. All the while, the right hon. Member for Aberdeen South (Stephen Flynn) thinks he is already the First Minister and calling the shots, although he has been shooting himself firmly in the foot. What is abundantly clear to the people of Scotland is that neither the Scottish Government nor the UK Government are even interested in delivering the change that Scotland needs. With neither Government wanting to let the people decide, will the Secretary of State tell the House who he thinks is most scared of a general election, the Tories or the Scottish National party?
Mr Jack
We absolutely do not fear an election, whether for Holyrood or a general election. As I watch the nationalists implode again, I say, “Bring it on.” I hear them say the same from a sedentary position. [Interruption.] Bring it on! Chaps and chapesses over there, start polishing up your CVs.
Tommy Sheppard (Edinburgh East) (SNP)
I, too, on behalf of the SNP group, put on record our sincere thanks to Humza Yousaf for his public service over the months and years. I wish him, Nadia and the rest of his family all the best in their future.
Let me also observe that fewer people in Scotland will see our proceedings today as Scottish Television is currently blacked out because of a strike by TV journalists. I implore the management of STV to get back around the table with the National Union of Journalists, improve its pay offer and try to settle this dispute.
The Budget that was approved a few months ago also contains forward planning assumptions on income and expenditure over the next three to five years. What assessment has the Secretary of State made of those assumptions on the Scottish public finances?
Mr Jack
As I have said before, we have a record block grant. It is running over a three-year period and it averages out at £41.6 billion, and then there are Barnett consequentials added to that. This year, that figure is £295 million, based on the spring Budget’s figures.
Tommy Sheppard
That sounds like no assessment at all has been made. The truth is that, according to the Institute for Fiscal Studies, these forward planning assumptions involve public service cuts of up to £20 billion. That can only imply savage cuts to the Scottish block grant in the next two to three years. Sadly, these planning assumptions and the framework are endorsed by the Labour party. So if people vote either Conservative or Labour at the coming election, are they not consenting to massive cuts in public services in Scotland?
Mr Jack
Of course I do not agree with those figures. Public services in Scotland are in a desperate state. In their recent Budget, the Scottish Government froze council tax, thereby putting more pressure on local authorities to deliver those public services.
Bob Blackman (Harrow East) (Con)
Rob Butler (Aylesbury) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
Scotland Office Ministers have regular discussions with the Ministry of Defence on all matters relating to defence. Defence spending contributes significantly to delivering thousands of high-skilled jobs and investment in Scotland. I welcome the announcement by the Prime Minister that we will increase our defence spending to 2.5% of GDP in response to rising global threats.
Bob Blackman
Clearly it is good news for the United Kingdom, and Scotland in particular, that 2.5% of GDP will be spent on defence. Will my right hon. Friend update the House on the number of jobs that will be protected and potentially be created in Scotland as a result of this decision?
Mr Jack
The short answer is that the increased investment announced by the Prime Minister will be focused on firing up the UK industrial base. The whole United Kingdom will benefit from that, and it will ensure that our armed benefit from the latest technology. Both of those things will bring economic benefits and support jobs across the whole of the United Kingdom, including Scotland. At this time of heightened global tension and an illegal war in Ukraine, sparked by the Russians, I am confident that Scotland will play a growing role, as the UK Government ramp up their spending.
Rob Butler
Thanks to the armed forces parliamentary scheme, I have been lucky enough to meet some of the amazing military personnel and civilians working at His Majesty’s Naval Base Clyde. Will my right hon. Friend confirm that the increase in defence spending announced last week by the Prime Minister will bring benefits across the whole country, whether at RAF bases in my own constituency or at the many military establishments in Scotland, and that it is another clear demonstration that it is the Conservatives who can be trusted to defend and protect our entire United Kingdom?
Mr Jack
My hon. Friend is absolutely correct. It is the Conservatives who are trusted to defend the whole of the United Kingdom. The SNP has consistently proposed abandoning our nuclear deterrent, including in its most recent independence paper. The irony is that the SNP wants to be part of the NATO alliance, but not part of a nuclear NATO alliance.
Wendy Chamberlain (North East Fife) (LD)
A vital part of defence spending is ensuring that military personnel live in safe and suitable accommodation. At last week’s debate on the Renters (Reform) Bill, my hon. Friend the Member for North Shropshire (Helen Morgan) ensured concessions from the Government on the standards of military accommodation. What assessment has the Secretary of State made of that in Scotland?
Mr Jack
The hon. Lady is absolutely right. As the father of a serving soldier, I completely agree with her. I hear from members of the military that they are disappointed with the standard of accommodation. I have raised the issue on a UK-wide basis and discussed it with the Defence Secretary. He said the programme of improvements, which started before last winter, amounts to £400 million of spending.
Deidre Brock (Edinburgh North and Leith) (SNP)
Further to the Secretary of State’s comments about nuclear bases, I hope he is aware of the alarming rise in more serious nuclear safety incidents at Scotland’s Trident nuclear bases on the Clyde. My questions have revealed 179 incidents were logged in 2023 and 2024, including six with a risk of radiation leakage to the environment, the first category A incidents in 15 years. Has he concerns if there was a radioactive leak beyond safe levels in many of these incidents? What reports will his Government produce to reassure crew and those living nearby that the nuclear infrastructure is not, as one former Downing Street adviser described it, “dangerously rotting”?
Mr Jack
I have visited Faslane, our base on the Clyde. It is an absolutely fantastic facility. We do not comment on matters relating to Faslane. If the hon. Lady has any more specific questions, she should ask them at Defence questions, but regarding our nuclear deterrent and our nuclear facility, we do not comment on things that happen there.
Jerome Mayhew (Broadland) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
This Government are committed to protecting free speech. It is the responsibility of the Scottish Government and Scottish Parliament, working with Police Scotland, to ensure that the hate crime legislation is implemented and enforced in a way that protects freedom of speech and has the confidence of people in Scotland.
Jerome Mayhew
The Scottish Government’s Hate Crime and Public Order (Scotland) Act 2021 came into force this month and is already having a chilling impact on free speech. What lessons can the UK Government learn from the introduction of this poor legislation in Scotland?
Mr Jack
Yes, and Police Scotland already has stretched resources—not least because it has been checking up on the SNP finances for the last three years. My hon. Friend is absolutely right, and we do have concerns that the legislation could have a potential chilling effect on free speech, but it is for the Scottish Government to speak to their own devolved laws. For my part, I believe it is an awful piece of legislation; it lacks clarity on what constitutes an offence, and, importantly, my right hon. Friend the Prime Minister has made it very clear that the UK Government will not enact similar legislation.
Pete Wishart (Perth and North Perthshire) (SNP)
Never before has such rubbish been uttered about a piece of legislation as has been uttered about the Hate Crime Act. In one week, the Tories have tried to repeal it—which, given that it mainly consolidates existing legislation, will leave us unprotected against islamophobia, racism and homophobia. Will the Secretary of State now issue one of his famous colonial decrees and tell the Scottish Tories to back off?
Mr Jack
First of all, those laws already existed—that is the important thing. Secondly, I was right about police resources. There were 8,000 hate crime reports in the first week, more than in any of the seven preceding years. It is a ridiculous, unnecessary piece of legislation.
Oral Answers to Questions
Alister Jack Excerpts(9 months ago)
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Patricia Gibson (North Ayrshire and Arran) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
Last weekend Scotland once again showed the world that we can host fantastic sporting events, with the World Athletics Indoor Championships held in Glasgow. I offer my congratulations to everyone involved, and especially to medal winners Jemma Reekie from Ayrshire and Josh Kerr from Edinburgh, who was the first Scottish man to win a gold medal in those championships in over 30 years. I also congratulate the Scottish rugby team who, thanks to their recent victory over England, have now won the Calcutta cup four times in a row. It would have been five in a row, but covid got in the way. [Laughter.]
Contrary to what we hear from the Scottish National party, the Scottish Government are well-funded. This UK Government have provided a record block grant, averaging £41 billion a year, with an additional £2.4 billion across the last three fiscal events. Scotland also continues to benefit from the Barnett formula, under which the Scottish Government receive around 25% more funding per person than equivalent spending across the United Kingdom.
Patricia Gibson
Will the Secretary of State explain how his Government’s £1,600 million cut to Scotland’s capital budget over the next three years will impact the provision of infrastructure, including roads, hospitals, schools, new homes, digital connectivity, and the economic growth we need to escape the recession into which the Tories have dragged us?
Mr Jack
It is nice to see that the hon. Lady and her colleagues have turned up for work today, even if that is in defiance of the deputy Leader of the SNP, who thought they should not bother coming. Let me be clear on resource spending and the capital budget: the Scottish Government are able to divert their resource spending for capital infrastructure investments; and they can also borrow to enhance capital investments if they so choose.
Douglas Ross (Moray) (Con)
The Secretary of State is correct that the block grant from the UK Conservative Government to Scotland is the highest it has ever been. Despite that, just last week the SNP/Green Government pushed through their “tax and axe” budget in Scotland. Does my right hon. Friend agree that the nationalists have got the wrong priorities for Scotland by cutting services while increasing income tax rates for anyone earning more than £28,867?
Mr Jack
I agree with my hon. Friend, and I add further that the Scottish Government’s six tax bands, as opposed to the UK Government’s three tax bands, are really holding Scotland back.
Michael Shanks (Rutherglen and Hamilton West) (Lab)
While the SNP and the Tories argue about the financial settlement between the two Governments, they do agree on two things: first, that working people should pay the price of this economic mess, by raising tax to sky-high levels; and secondly, at least until today, that oil and gas giants earning record profits should not face a proper windfall tax, although it now seems as if the SNP might be the only people holding out on that position. Who does the Secretary of State support—the Scottish Tory leader who is standing up in Holyrood today attacking an extension of the windfall tax, or the Chancellor who we understand is about to announce exactly that?
Mr Jack
My position has always been clear: I believe that the energy profits levy on the excess profits caused by Putin’s illegal war in Ukraine was the right thing for the Government to do, to give support to people in the cost of living crisis.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
It started so well, and I agree with the Secretary of State about the Calcutta cup—I was there to witness an historic occasion—and about the World Athletics Indoor Championships in Glasgow. I played rugby with Jemma Reekie’s cousin for many years, and I send my congratulations to them. However, everything from that point on, from both sides of the House, has been absolute nonsense.
At a time when many Scots are struggling to pay their energy or shopping bills due to the rapid inflation that the Secretary of State’s Government have presided over, and with inflation in the public sector running even higher, his Government have cut the Scottish Government’s funding in real terms again. Commons Library research shows that the Scottish block grant will be at its lowest level of UK Government spending since the start of devolution. As the Secretary of State counts down the weeks to his departure, is he proud of his legacy?
Mr Jack
That is an easy one to answer, Mr Speaker, as I am very proud of my legacy. Rather like winning four Calcutta cups, I have won in court with the Scottish Government four times, and there are any number of things I would like to list for my legacy. Importantly, the Scottish Government receive a record block of £41 billion, and record Barnett consequentials on top of that. Spending in Scotland is 25% higher per person than the UK average, so that equates to an extra £8.5 billion.
Gavin Newlands
I had no idea we should all just be very grateful for the largesse of the Secretary of State, but does that largesse extend to capital funding? Capital funding to the Scottish Parliament has not just been cut, but slashed by 10% on his watch. That money could have been used to invest in hospitals, schools and infrastructure, and it is about to be frittered away by the Chancellor on a sickening pre-election bribe that precisely no one will buy. Will he finally accept that it is his Government’s “bust or bust” austerity that is driving public services to the edge, and does he support tax cuts at a time when even Tory voters know that increased public investment is required?
Mr Jack
This is nonsense. Austerity is not a thing under this Government—not a thing at all. [Laughter.] No, absolutely not. Departmental spending—this is the point that the SNP does not acknowledge—throughout this Parliament has grown by 3.2% on average. That is the simple truth.
Christine Jardine (Edinburgh West) (LD)
The Secretary of State for Scotland (Mr Alister Jack)
I have had frequent and recent discussions with the Foreign Secretary on the Scottish Government’s international relations policy. Foreign affairs are reserved to the United Kingdom Government. We have been clear to the Scottish Government that they must respect that.
Christine Jardine
First, may I associate myself with the Secretary of State’s comments about the Scottish victory in the Calcutta cup?
Does the right hon. Gentleman share my concern that these recent forays into international relations by the SNP are not only inappropriate, because it is a reserved matter, but potentially damaging, both to important relationships between Scotland’s two Governments and, critically, to UK foreign policy at a time when international tensions are at a height we have not seen since the cold war?
Mr Jack
I agree with the hon. Lady. It is important that the United Kingdom Government speak with one voice and the United Kingdom is seen to speak with one voice on foreign affairs. I note that Angus Robertson has produced another independence document this week on foreign affairs and defence, and there is a lot of nonsense in there. The Scottish Government want to join the NATO nuclear alliance, but they want to get rid of the nuclear deterrent. They want to join the EU, but not the euro. They want to have a Scottish spy agency—some are referring to it as the sleekit service, with agents heading across Europe in their bulletproof motorhomes. It is all nonsense, and a complete waste of taxpayers’ money.
Mr Gregory Campbell (East Londonderry) (DUP)
The Secretary of State for Scotland (Mr Alister Jack)
I am pleased to say that I have had discussions with the Secretary of State for Northern Ireland about maximising trade links, now that the Northern Ireland Executive have been restored. What is more, the UK Government have committed to establishing the East-West Council, which will identify opportunities for deepening connections between Northern Ireland and the rest of the United Kingdom, including the scope for extending the Northern Ireland investment zone benefits to Stranraer and Cairnryan.
Mr Campbell
Will the Minister ensure that business bodies in Scotland are fully aware of, for example, the new Intertrade UK body so that business can prosper between Northern Ireland and Scotland? Importantly, will he ensure that people can see the improvement in business trade flows between Scotland and Northern Ireland in six months’ time, as compared with six months ago?
Mr Jack
As set out in the Command Paper, the UK Government are working to establish Intertrade UK, which will fulfil our pledge to grow the economy by ensuring that businesses large and small can make the most of the east-west trading opportunities. Implementing the Windsor framework and the Command Paper are the Government’s priorities, and we will provide an update in close time.
Alex Cunningham (Stockton North) (Lab)
Cat Smith (Lancaster and Fleetwood) (Lab)
The Secretary of State for Scotland (Mr Alister Jack)
Our Union is strong. [Interruption.] Yes, it is. Scotland’s contribution to our United Kingdom is beyond doubt, and this Government’s commitment to Scotland is without question. From freeports and investment zones to the record block grant and £1.5 billion for the 12 city and region growth deals, we deliver for Scotland.
Cat Smith
SNP MPs have been disengaged from Westminster for years. Does the Secretary of State agree that it is a disgrace that its deputy leader has said that its MPs will not engage should the party win seats at the next general election? Does he also agree that Members elected to this House should turn up and do their job?
Sir David Davis (Haltemprice and Howden) (Con)
Three years ago, on 16 March 2021, we had a debate in this House on precisely the subject of this question. At the time, I was concerned that Nicola Sturgeon’s Government were covering up interference in the complaints process against the First Minister. Since then, in defiance of the Information Commissioner and of a court order, they have continued to cover up. Will the Cabinet Secretary look at whether the ministerial code and the civil service code have been broken?
Mr Jack
My right hon. Friend should write to the Cabinet Secretary and ask him to do that very thing.
Richard Graham (Gloucester) (Con)
Theresa Villiers (Chipping Barnet) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
Scotland Office Ministers have banged the drum tirelessly to promote the Scottish food and drink industry overseas, including on trade missions in Europe, India, the United States of America and Vietnam. In Vietnam, sales of Scotch whisky have increased fourfold and are still growing. I was delighted to discuss what more can be done to improve trade links and market access with the Vietnamese Government during my recent visit.
Theresa Villiers
Scotland’s farming and fish sector produces some of the finest produce in the world. Will the Secretary of State do all he can to promote the sale of Scottish smoked salmon abroad as a premium product known the world over?
Mr Jack
I think I heard “smoked salmon”, but this is not just about smoked salmon. The most recent figures show that Scotland’s world-leading food and drink sector accounted for 29% of all UK food and drink exports. To help the sector to continue to flourish, the Government have secured trade agreements with 71 non-EU countries and the EU. Total UK trade with those partners is worth £808 billion.
Jim Shannon (Strangford) (DUP)
I thank the Minister for that answer. Scotland’s food export—[Interruption.]
Jim Shannon
Some of Scotland’s food export companies have been prevented from trading with Northern Ireland. The InterTrade UK body has been set up as a result of discussions that have taken place. What are the Minister and his Department doing to ensure that the companies that have stopped trading with Northern Ireland are encouraged to start doing so again?
Mr Jack
In the UK Command Paper, we said that we are setting up the East-West Council, which will work to bring about the solutions.
Ian Blackford (Ross, Skye and Lochaber) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
The UK Government are working tirelessly to maximise opportunities following our departure from the European Union. Scotland continues to punch above its weight, both in exports of goods and services and in foreign direct investment, and I am delighted to be able to say that trade is now well above pre-Brexit levels.
Ian Blackford
Scotland has been hammered by Westminster’s imposition of a hard Brexit, with the Scottish salmon industry alone suffering an additional £12 million of Brexit red tape costs. Across every sector of Scotland’s economy, Brexit has added red tape costs, limited access to vital workers and limited markets. Is the Secretary of State proud of his legacy, which includes a deliberate and avoidable undermining of Scotland’s economy?
Mr Jack
As the right hon. Gentleman will appreciate, our departure from the EU has allowed us to forge new relationships. Consequently, Scotland’s exports are performing well—they are up by 13%.
David Duguid (Banff and Buchan) (Con)
Will my right hon. Friend join me in welcoming the completion of fisheries negotiations with the Faroe Islands, which have resulted in 2,200 tonnes of fishing quota, mostly for the Scottish fleet? Does he agree that since the UK became an independent coastal state, the Scottish fleet and those who negotiate on its behalf, including SNP Scottish Government Ministers and their officials, have a far stronger voice in these annual negotiations than if the SNP had its way and we went back into the EU common fisheries policy?
Mr Jack
My hon. Friend is a great champion of the fishing industry, and I completely agree with him.
Mr Speaker
We now come to Prime Minister’s questions. We are joined today in the Gallery by the Speaker of the Supreme Council of the Kyrgyz Republic.
Contingencies Fund Advance
Alister Jack Excerpts(9 months, 1 week ago)
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The Secretary of State for Scotland (Mr Alister Jack)
I hereby give notice of the Scotland Office’s intention to seek a repayable cash advance from the Contingencies Fund. The Department requires an advance to meet the Scottish Government’s cash requirements pending parliamentary approval of the supplementary estimate 2023-24.
The Scottish Government are operating within their budgets, so this does not represent additional spending. However, an increase in net cash requirement will be sought in the supplementary estimate, so accessing the Contingencies Fund will allow the Scottish Government to fund this existing spending in the meantime.
The advance will be repaid immediately following approval of the supplementary estimate.
Parliamentary approval for additional non-budget expenditure of £703,711,000 will be sought in a supplementary estimate for the Scotland Office. Pending that approval, urgent expenditure estimated at £703,711,000 will be met by repayable cash advances from the Contingencies Fund.
[HCWS296]
Scottish Gender Recognition Legislation Section 35 Order: Judicial Review Outcome
Alister Jack Excerpts(11 months, 4 weeks ago)
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The Secretary of State for Scotland (Mr Alister Jack)
I welcome the Court’s judgment, which upholds my decision to prevent the Scottish Government’s gender recognition legislation from becoming law. The Outer House of the Court of Session issued its judgment on the Scottish Government’s petition for judicial review on the section 35 Order made with respect to the Gender Recognition Reform (Scotland) Bill on 8 December. The Bill was passed by the Scottish Parliament in December 2022, and in January 2023 I made an Order, under section 35 of the Scotland Act 1998, which prevented the Bill from proceeding to Royal Assent. In April 2023 the Scottish Ministers lodged a petition for judicial review challenging this Order.
The UK Government’s position in the judicial review was set out in our answers to the Scottish Government’s petition and in a note of argument, both of which have been published and I will place them in the Libraries of both Houses. The hearing took place on 19 and 20 September, in the Court of Session in Edinburgh.
I was clear that this legislation would have had adverse effects on the operation of the law as it applies to reserved matters, including on important Great Britain-wide equality protections. My decision was about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters. As I set out when I made the section 35 Order, transgender people deserve our respect, support and understanding.
The section 35 power was included in the Scotland Act 1998, which established the Scottish Parliament. The power in section 35 of the Scotland Act is not new—it has existed as long as devolution itself. As Lady Haldane noted: “far from being an impermissible intrusion upon the constitutional settlement, section 35 is an intrinsic part of it.”
The section 35 power provides a sensible measure which can be used to ensure that devolved legislation does not have adverse impacts on reserved matters, including on equalities legislation such as the Equality Act 2010.
The power can only be exercised on specific grounds—and the fact that this is the first time it has been necessary to exercise the power in almost 25 years of devolution emphasises that it is not a power to be used lightly.
In the instance of the Gender Recognition Reform (Scotland) Bill, I concluded that the Bill would have serious, adverse effects on the operation of the Equality Act 2010 and other reserved matters. It is for the Scottish Government to consider the next steps for the Bill with the Scottish Parliament.
I will place a copy of the judgment in the Libraries of both Houses, and the full text of the judgment can be found here: https://www.scotcourts.gov.uk/search-judgments/court-of-session.
[HCWS109]
Oral Answers to Questions
Alister Jack Excerpts(1 year ago)
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Stewart Malcolm McDonald (Glasgow South) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
With devolved powers, the Scottish Government can tailor policy in areas such as health, education and justice, as well as in tax and welfare through additional powers in the Scotland Act 2016. The UK Government are working with local government and local partners to deliver on their needs and wishes. That is real devolution in action.
Chris Law
Climate change talks at COP28 begin tomorrow, and one of the most important issues to be agreed is the climate loss and damage fund. The Secretary of State will know that Scotland has led the way on that, becoming the first country in the global north to pledge financial support to address loss and damage, but he and his Conservative colleagues are intent on limiting the Scottish Government’s international engagement. Can he tell me why he wants to silence Scotland’s voice and prevent us from providing that global leadership?
Mr Jack
It is very straightforward. We understand that there will be environmental engagement overseas by the Scottish Government, and that is a devolved matter. What we have tried get a grip on is the Scottish Government travelling overseas, meeting Ministers, discussing reserved areas such as constitutional affairs and foreign affairs, and straying away from the portfolio of matters that are devolved to them. That is our position.
Stewart Malcolm McDonald
It is obvious that in order to cement a sense of economic resilience Scotland requires a population growth strategy, but the devolution settlement, unfit as it is, will not come anywhere near that, and the Government continue to set their face against it. Can the Secretary of State explain why?
Mr Jack
If the Scottish Government want more people to settle in Scotland—and immigration is at a record high—they need to build more housing, have lower taxes and better public services, and make Scotland more attractive to people.
David Mundell (Dumfriesshire, Clydesdale and Tweeddale) (Con)
Does my right hon. Friend share my disappointment that the SNP-Green Scottish Government continue to use the devolution settlement as a platform to pursue constitutional grievances? In reality, would not achieving the best outcome for the people of Scotland and our constituents mean the two Governments working together on a project, for example the A75? If the Governments work together, that will actually be delivered.
Mr Jack
I absolutely agree with my right hon. Friend. The A75, along with the A77, came up as a vital route in the Union connectivity review by Lord Hendy of Richmond Hill—Sir Peter Hendy as he was at the time. We are finally working with the Scottish Government, and the UK Government are funding a feasibility study for the upgrade of the A75. I am delighted that progress is being made.
Sally-Ann Hart (Hastings and Rye) (Con)
Is it not the case that the Scottish Government have consistently strayed outside the limits of the devolution settlements, so it is very difficult to take the SNP seriously as a defender of devolution when it has so little respect for the current settlement?
Mr Jack
My hon. Friend is right. Everyone forgets that the Scottish Government get up every day and go to work to destroy devolution and the United Kingdom. The defenders of devolution and the strengtheners of the United Kingdom are this Government.
Ian Murray (Edinburgh South) (Lab)
Let me take this opportunity to congratulate my hon. Friend the Member for Rutherglen and Hamilton West (Michael Shanks) not only on his vast—and fast—promotion to the shadow Front Bench but on the 20.4% swing from the SNP that brought him the by-election victory.
The announcement of the closure of the refinery at Grangemouth is a hammer blow. Too many communities are still living with the devastation of being left behind after coalmine closures in the 1980s. That must not be allowed to happen again. Grangemouth’s owner is buying football clubs and investing in plants elsewhere, while the workers lose out. The Prime Minister has decided that a culture war on the environment trumps getting the UK into the global green energy race by backing Labour’s green energy superpower plans. The devolution settlement demands that both Governments work together, but they certainly do not. What discussions is the Secretary of State having with the Scottish Government to protect jobs at Grangemouth? What impact will the closure have on the Acorn carbon capture and storage project?
Mr Jack
First of all, it is a very worrying time for those whose jobs are at risk at the Grangemouth refinery. This morning, the Under-Secretary of State for Scotland, my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont), and a Minister from the Department for Energy Security and Net Zero met Neil Gray from the Scottish Government, and yesterday my hon. Friend had a meeting with the local authority. Work is going on. It is ironic that the Scottish Government want to shut down oil and gas, because when that happens, people suddenly realise the need to manage a transition and take us gradually to net zero while protecting people’s livelihoods.
On Acorn and the Scottish cluster, I have spoken to the chief executive of Storegga, which is pulling the project together. He told me that the refinery closing has little impact on its project, because Grangemouth was supplying the blue hydrogen to the refinery and others, and the emissions from that were being put into the North sea.
Ian Murray
It is the 25th anniversary of the Scottish Parliament next year—one of the Labour party’s proudest achievements. However, recently it has been riven by failure and scandal, from one in seven on NHS waiting lists to ferries, iPads and camper vans. Much has been made about the dual role of the Government-appointed Lord Advocate, who sits in the Scottish Cabinet while presiding over prosecutions in Scotland. What discussions has the Secretary of State had with the Scottish Government about Anas Sarwar’s idea to split the dual role of Scotland’s top law officer, to maintain the separation of powers between the Government and the judiciary?
Mr Jack
As the hon. Gentleman will know, the Director of Public Prosecutions in England is appointed by a panel, which removes the risk of perceived interference by Government. Many learned friends have expressed their concerns to me about the structure in Scotland and the closeness between the judiciary and the Government, and I find their concerns understandable. It is vital that the public perception is that the prosecution service is very independent from Government.
Pete Wishart (Perth and North Perthshire) (SNP)
I am sure the Secretary of State will agree that his mission to constrain and bypass the Scottish Parliament has been an absolute disaster for devolution. Relationships across the UK have never been as such a low level. Will he acknowledge that his version of aggressive Unionism has utterly failed? As he is leaving his office, will he pledge to abandon it entirely?
Mr Jack
I am not entirely sure what I have done that has been a failure, to be honest. This Government protect devolution and the settlement. If he is referring to the section 35 order that I used, that was in the Scotland Act 1998 and was voted for at the time by SNP MPs. It is there to protect devolution when a devolved Administration legislates on Great Britain or UK matters.
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
The UK Government have no intention of devolving legislative competence for employment rights to the Scottish Parliament. Employers and employees benefit hugely from a single, simple system where employment rights are the same across Great Britain, whether in Derby or Dundee. We do not see any benefit from changing that arrangement.
Martyn Day
Devolution of employment law is supported by the Scottish Trades Union Congress, the Trades Union Congress, workers’ rights groups, a majority in the Scottish Parliament and the public. It would benefit workers by having their Governments compete to give them better rights and preventing a race to the bottom. What is not to like? Why will the Secretary of State’s Government not consider it?
Mr Jack
I refer the hon. Gentleman to my original answer. We believe it is right to have a simple system that works across the United Kingdom, whether one is in Derby or Dundee.
Sir Oliver Heald (North East Hertfordshire) (Con)
Does the Secretary of State agree that to have different employment laws either side of the border of the two nations would be a mistake, because it would increase the regulatory burden on companies and deprive British companies of our excellent tribunal system?
Mr Jack
I completely agree with my right hon. and learned Friend, who absolutely makes the right arguments.
Douglas Chapman (Dunfermline and West Fife) (SNP)
Deidre Brock (Edinburgh North and Leith) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
The United Kingdom Government have introduced a single, flexible immigration system that works in the interest of the whole United Kingdom. A separate visa system would create an economic migration border between Scotland and the rest of the UK, which would be harmful for employers and far less attractive for workers.
Douglas Chapman
Last week, the CBI conference raised the serious issue of a lack of people to do vital jobs that we need filling, especially in hospitality and food production. Both the Fraser of Allander Institute and the highlands MSP Kate Forbes have suggested localised worker visa solutions to boost the economy. Why is the Secretary of State not listening to those smart voices, and why is he not acting in the best interests of the Scottish economy?
Mr Jack
Because we have a specific Scottish occupation list for shortages, which gives us flexibility. The salary rate is set at £20,960. We believe that the best way is for stakeholder bodies to make representations to the Home Office to add to the shortage occupation list.
Brendan O’Hara
Five years ago, the Migration Advisory Committee said that the current system was failing remote communities. Recently published figures show that my Argyll and Bute constituency is suffering further depopulation, with the town of Rothesay on the Isle of Bute particularly badly affected. Despite overwhelming evidence to the contrary, the Government still insist that the current system delivers for all parts of the UK. Will the Secretary of State explain how a one-size-fits-all policy, simultaneous catering for the vastly different needs of densely populated urban areas and Argyll and Bute, can deliver equally for both?
Mr Jack
Argyll and Bute is a beautiful part of the United Kingdom, but what it lacks is infrastructure, public services and affordable housing, because the Scottish Government have failed in all those areas. What it also has, with the rest of Scotland, is the problem of being the highest-taxed part of the United Kingdom. That is the problem the Scottish Government have to address.
Deidre Brock
The UK Government said that post-Brexit domestic employment would fill labour gaps, but the executive director of UKHospitality Scotland has said that the gaps left by excluding EU workers have not been filled, leaving huge numbers of specialist vacancies, such as for chefs and managers. When will this Government accept reality and stop destroying Scotland’s economy in the name of a purist Brexit ideology?
Mr Jack
I think the hon. Lady lives in a parallel universe. We have the highest net migration to the UK since records began, far higher than when we were in the EU. As I say, if we want to attract people to Scotland, we must stop making it the highest-taxed part of the United Kingdom.
Kevin Foster (Torbay) (Con)
The Secretary of State has correctly identified that there are some who want to use immigration policy to enforce a hard border between England and Scotland as part of their aim to break up the Union. Does he agree, and in his assessment did he identify, that we need to ensure that immigration policy is not used as an alternative to offering the rewarding packages that key workers deserve?
Mr Jack
Absolutely. We are one United Kingdom. We have no physical border. It is important that we treat immigration equally across the whole United Kingdom and give everyone equal opportunity.
Tommy Sheppard (Edinburgh East) (SNP)
Let me be clear: we are talking about the administration of work permits for people from overseas who wish to work in Scotland on a temporary basis. Just about everyone thinks it would be better administered in Scotland, but the Secretary of State insists that it should be centralised by his Government in Westminster. His argument would be plausible if the UK demonstrated that it is managing the migration service well but, given the catastrophe that is the UK immigration system, when will he wake up and realise this would be better done in Scotland, by the people who live there?
Mr Jack
I point the hon. Gentleman to the seasonal agricultural workers scheme. That is 45,000 people, with the ability to flex it up to 55,000. Those people come to work in a flexible system across the United Kingdom, and it has proved to be a huge success.
Tommy Sheppard
The Secretary of State is standing against everyone. He is standing against experts, against academics, against representatives of industry and even against the people of Scotland, only 28% of whom think immigration is too high. More than six in 10 think more immigration would benefit the country. When is he going to stop being the Secretary of State against Scotland and be the Secretary of State for Scotland?
Mr Jack
It is good that the hon. Gentleman’s lines are written by Mike Russell. That is an old one, and not a very good one.
The reality is that Scotland is the most taxed part of the United Kingdom, which is not attractive for people to work there. We have the highest ever net migration. If the Scottish Government focus more on good public services, good infrastructure and lower taxation, hopefully those high net migration figures will see more people settle in Scotland.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The Secretary of State for Scotland (Mr Alister Jack)
The UK Government work tirelessly to promote Scottish interests around the world through our extensive diplomatic network, forging business links, and generating trade and investment. Our response to the Scottish Affairs Committee’s recent inquiry on Scotland’s international promotion highlights the extensive efforts we undertake to achieve this.
Mark Menzies
As one of the Prime Minister’s trade envoys, it is always my pleasure to be championing British business overseas. From whisky to satellites, Scotland is home to some of the UK’s most important exports. Will my right hon. Friend update the House on what work the Scotland Office is doing to support these important sectors in the international market?
Mr Jack
First, I thank my hon. Friend for his service as a trade envoy, and tell him that last month I had the pleasure of travelling to Vietnam to boost Scotland’s trade interests and celebrate diplomatic links. Vietnam already offers huge opportunities for Scottish businesses and in the light of the UK’s recent joining of the comprehensive and progressive agreement for trans-Pacific partnership—that is easy for you to say, Mr Speaker— I am keen to highlight further trading opportunities for Scottish businesses in the Indo-Pacific region.
Patrick Grady (Glasgow North) (SNP)
Will the Secretary of State clarify what he was saying earlier and whether he thinks it is legitimate for Scottish Government Ministers to be able to travel overseas to promote the work of the Scottish Government?
Mr Jack
I have always been very clear that Scottish Government Ministers can go overseas to promote areas that are devolved, but the reserved areas, such as the constitution and foreign affairs, are a matter for the UK Government and those Ministers should not be using our embassies and consulates to promote their plans for separation, or their different views on the middle east or anything else.
Mr Speaker
Before we come to Prime Minister’s questions, let me remind Members of an important courtesy that we should all observe: giving notice to colleagues if we are visiting their constituencies on official business. Colleagues in Lancashire ought to think about that when they are going to others’ constituencies and let people know when they are doing so—I believe that did not happen on this occasion. I have heard of a number of examples in other areas of this discourteous way of behaving towards colleagues, which is not acceptable. I would rather we did not have to deal with such matters by points of order, so please try to give notice before visiting each other’s constituencies.
I also say to everybody that temperate and moderate language is what I want in this Chamber. Let us now move on to PMQs.
Government’s Legislative Programme 2023-24: Scotland
Alister Jack Excerpts(1 year ago)
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The Secretary of State for Scotland (Mr Alister Jack)
The UK Government’s legislative programme for the fourth Session was outlined at the state opening of Parliament on Tuesday 7 November. This statement provides a summary of the programme and its application to Scotland. It does not include draft Bills, Law Commission Bills, or Finance Bills.
The UK Government will continue to deliver for people and businesses across Scotland, as part of a strong United Kingdom. The UK Government’s legislative programme for this Session will help us to deliver on the issues that matter most to people, including growing our economy, keeping people safe, and promoting our national interests.
Our United Kingdom is the most successful political and economic Union the world has ever seen—the foundation on which all our businesses and citizens are able to thrive. The UK Government are committed to protecting and promoting its combined strengths, building on hundreds of years of partnership and shared history.
When we work collaboratively as one United Kingdom, we are safer, stronger, more prosperous, and better able to tackle our shared challenges. That is why the UK Government are investing in infrastructure and communities right across the UK, including more than £2.5 billion of direct investment into Scottish villages, towns and cities. That includes more than £1.5 billion for 12 city region and growth deals covering the whole of Scotland, supporting the delivery of projects such as the National Robotarium at Heriot-Watt University and the cyberQuarter at Abertay University. The UK Government delivered £343 million from the first and second round of the levelling-up fund for 18 projects across Scotland, including a new ferry for Fair Isle, a green transport hub in Dundee, and regeneration of cultural assets in Glasgow, Kilmarnock, Peterhead and Macduff. More than £18 million has been provided to 56 projects via the community renewal fund, supporting community regeneration, employability, and business growth and innovation. To save community assets at risk of being lost, more than £6 million has been provided for the community ownership fund so far, funding 24 local community-led projects.
To grow Scotland’s economy, a new £150 million British Business Bank fund—the investment fund for Scotland—will support the growth of small and medium-sized businesses. Earlier this year, the Chancellor also announced more than £8.6 million of support to be provided to the Edinburgh International Festival and the Edinburgh Festival Fringe to help boost Scotland’s status as a destination for the creative industries.
We are creating two new green freeports in the Inverness and Cromarty Firth region and the Firth of Forth region, working jointly with the Scottish Government. These will play a key role in supporting the regeneration of communities, bringing jobs and prosperity. Following the success of this programme, we have also announced that Scotland will host two investment zones, in the Glasgow city region and the north-east of Scotland.
Furthermore, the Scottish Government are receiving a record block grant of £46 billion a year.
This legislative Session, we will be delivering on protecting our energy security, securing the benefits of Brexit, and ensuring we have the right framework for tech firms to compete and grow in the UK. We will be protecting the health of young people, supporting those who rent, and eradicating antisemitism everywhere. We are backing our armed forces, supporting Ukraine, and leading the way on the challenges of the future: climate change and AI.
The following bills will extend and apply to Scotland—either in full or in part:
Animal Welfare (Livestock Exports) Bill
Automated Vehicles Bill
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Bill
Criminal Justice Bill
Data Protection and Digital Information (No. 2) Bill
Digital Markets, Competition and Consumers Bill
Economic Activity of Public Bodies (Overseas Matters) Bill
Investigatory Powers (Amendment) Bill
Media Bill
Offshore Petroleum Licensing Bill
Terrorism (Protection of Premises) Bill
The UK Government will continue to work constructively with the Scottish Government to secure legislative consent from the Scottish Parliament where appropriate.
[HCWS13]
Oral Answers to Questions
Alister Jack Excerpts(1 year, 2 months ago)
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Alun Cairns (Vale of Glamorgan) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
I think that we should draw a veil over last night’s football, but I look forward to Scotland qualifying next month for Euro 2024.
Today is the National Farmers Union’s Back British Farming Day, and I am sure that the whole House will join me in marking the important contribution that we farmers and growers make to our everyday lives and to our economy.
The comprehensive and progressive agreement for the trans-Pacific partnership trade bloc is projected to make up the majority of global growth in the future. As a result of joining the CPTPP, a deal that we could not strike while in the EU, Scottish businesses are now in a prime position in the global economy to seize opportunities for new jobs, growth and innovation.
Alun Cairns
The CPTPP is the most exciting and dynamic trading bloc, and a significant Brexit dividend. Scotland, like Wales, has great products to export. My right hon. Friend mentioned farming. Welsh lamb and maybe Scotch whisky have some great opportunities to take advantage of within the CPTPP. Will he encourage the devolved Administrations to work with the UK Government to ensure that we exploit those benefits and this Brexit opportunity for people in Scotland, Wales and elsewhere?
Mr Jack
Absolutely. My right hon. Friend is right: the CPTPP is the fastest-growing trade zone in the world, and with the UK included it is worth circa £12 trillion. To that end, we are working with the devolved Administrations. We have also put in a huge network of support centres across the UK, not least in Queen Elizabeth House in Edinburgh.
Pete Wishart (Perth and North Perthshire) (SNP)
I am sure that the Secretary of State will be assisted in determining Scotland’s place in international arrangements by the Scottish Affairs Committee’s report, “Promoting Scotland Internationally”, which was released today. In it, he will find that the working arrangements between personnel in both Governments are consensual and productive. Does he not therefore feel slightly embarrassed by the ridiculous diktat from the Foreign Secretary, intended to put the Scottish Government back in their place? The Scottish Secretary told our Committee that it was necessary because, among other insignificant things, Scottish Government Ministers had the temerity to say that Brexit is a bad thing for Scotland. Does he not think that nearly all of Scotland thinks that Brexit is a bad thing for Scotland?
Mr Jack
I stand by the words that I said to the hon. Member’s Committee.
Ian Paisley (North Antrim) (DUP)
The Secretary of State for Scotland (Mr Alister Jack)
Livestock can move from Northern Ireland to Great Britain, and then return to Northern Ireland, as long as they are hosted at an Animal and Plant Health Agency approved assembly centre and return within 15 days.
Ian Paisley
I thank the Secretary of State for that answer. Does he agree that the Windsor framework has created unnecessary bureaucracy around livestock movements from Northern Ireland to GB mainland, particularly into Scottish markets, and has in fact decimated our pedigree cattle trade? What can he do to help me?
Mr Jack
The hon. Gentleman is a doughty champion for rural communities in Northern Ireland, and he raises an important point. I will endeavour to arrange a meeting for him with colleagues in the Department for Environment, Food and Rural Affairs as soon as possible.
Martyn Day (Linlithgow and East Falkirk) (SNP)
Patrick Grady (Glasgow North) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
The UK Government are focused on opening new international export markets for Scottish businesses. We have trade agreements with 71 non-EU countries and the EU, and those agreements will support growth, jobs and higher wages. The hon. Gentleman will have noted the recently revised numbers, which show that we have recovered better from the pandemic than France, Italy or Germany. Since 2010, the United Kingdom has achieved the third highest rate of growth in the G7—faster than Italy, France, Japan and Germany.
Patrick Grady
We had a really good trading relationship with the European Union—it was called membership—and 78% of people in Glasgow North, and 62% of people across Scotland, voted to retain it. If Brexit is really delivering the successes that the Secretary of State says it is, why does he think the polls show that those figures would be even higher if the people of Scotland had the choice again?
Mr Jack
The recent trading numbers show that we are now doing more trade with the EU in goods and services than we did when we were members.
Sir Oliver Heald (North East Hertfordshire) (Con)
Does my right hon. Friend agree that we are developing a much better relationship with our former colleagues in the EU, including through agreements such as the Windsor framework, and our accession to the North sea group of countries that co-operate on energy and, more recently, to Horizon and other European programmes? That shows that we are on the right footing to have a good future relationship post Brexit.
Mr Jack
Yes. On Horizon, we were patient and did the right deal. It showed the future for British scientists, as well as how important British scientists were to Horizon and how much the EU wanted them to be part of it. My right hon. and learned Friend is right: we have a better relationship, and one that does not cost £22 billion a year.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
Marion Fellows (Motherwell and Wishaw) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
Illicit drugs destroy lives and devastate communities. The United Kingdom Government’s 10-year drug strategy sets out ambitious plans, backed by a record £3 billion over three years, to tackle the supply of illicit drugs and build a world-class system of treatment and recovery. This is a UK-wide strategy, and there are no plans to devolve drugs policy to the Scottish Government.
Joanna Cherry
The Lord Advocate has announced that she is not going to prosecute drug users for simple possession offences committed within a pilot safer drugs consumption facility. Both the Home Affairs Committee of this House and the Scottish Affairs Committee have recommended that the UK Government support such a pilot in Glasgow by creating a legislative pathway under the Misuse of Drugs Act 1971 that would enable such a facility to operate, or by devolving the power to the Scottish Government. Both cross-party Committees of this House are very clear that the evidence shows that those measures could be lifesaving, so when will the Secretary of State act to save lives in Scotland by persuading his Government to drop their intransigence on this issue?
Mr Jack
It was disappointing that the Scottish Government were not prepared to work with the UK Government on Project ADDER. That offer was made with supporting funding. The E in ADDER is for “enforcement”. I believe the police and the Procurator Fiscal Service should be enforcing the laws in Scotland, not decriminalising drugs, because enforcement helps to drive people to health solutions.
Marion Fellows
The Minister did not answer the question, so I will try again. Scotland needs a caring, compassionate, human rights-informed drugs policy with public health and the reduction of harm as its principles, and the Scottish Government are ready and willing to work with the UK Government to put that progressive policy into practice. Scottish Tory MSP Miles Briggs said on “Good Morning Scotland” yesterday that he hoped the UK Government would not move to block this lifesaving measure. Despite the Minister’s Cabinet colleagues continuing to denounce its effectiveness, what recent discussions has he had with the Scottish Government on advancing this pilot scheme?
Mr Jack
Drug consumption rooms are not the easy solution hon. Members may think they are. There is no safe way to take illegal drugs. Drugs devastate lives, ruin families and damage communities. The UK Government believe that the police and the Procurator Fiscal Service should fully enforce the law. However, I say to the hon. Lady that if the Scottish Government and the Lord Advocate decide to proceed with a pilot on DCRs, the UK Government will not intervene.
Kevin Foster (Torbay) (Con)
The Secretary of state will fully realise the challenge it would present for Border Force if we had differing rules on what drugs were lawful and not lawful across the United Kingdom. Therefore, will he assure me that he will not look to devolve drugs policy, and will instead get the Scottish Government to focus on their own responsibilities?
Hon. Members
Mr Jack
Labour Members always seem to cheer me at this moment in Scottish questions. They are very generous.
My hon. Friend makes a very good point. Drug deaths in Scotland are three times higher than the UK average, despite the laws being the same across the UK. I do not believe drug consumption rooms are the panacea to those problems, but we absolutely must have drugs laws that work across the whole United Kingdom because it is a UK-wide problem.
Tommy Sheppard (Edinburgh East) (SNP)
I think we should be clear: the Lord Advocate’s statement on Monday is a game changer. It removes one of the major obstacles to a pilot drug consumption facility, which is designed to prevent overdoses. The Secretary of State has been equivocal in his responses so far, so let me give him another chance to get on the right side of history. Will he actually say that he will support and work with the Scottish Government to see this pilot project through?
Mr Jack
I think I have been clear. I have been clear that the UK Government’s policy is not to proceed with drug consumption rooms. We believe, as I have said, that drugs devastate families and destroy communities. I was very clear about those things, but I am also very clear that the Lord Advocate and the Scottish Government appear to have achieved a workaround that allows them to have a pilot drug consumption room, probably in Glasgow, and the United Kingdom Government will not intervene in that, so the SNP now has no more excuses.
Mr Jack
I am very popular today. I will be with SNP Members in particular when I say that the answer is yes.
Christine Jardine (Edinburgh West) (LD)
Robbie Moore (Keighley) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
I believe that support for the Union is strong. The United Kingdom is one of the most successful political and economic unions in the world, and the foundation on which all our businesses and citizens are able to thrive. When we work collaboratively, we are safer, stronger and more prosperous.
Robbie Moore
While the SNP’s First Minister whips up grievance politics at independence rallies, Scotland’s NHS goes backwards, Scotland’s ferries do not work and Scotland’s economy stagnates. Does the Secretary of State agree that it is about time that the SNP stopped obsessing about another independence referendum, and started delivering for the people of Scotland?
Mr Jack
I agree with my hon. Friend, and I could not have put it better myself.
Angus Brendan MacNeil (Na h-Eileanan an Iar) (Ind)
Is the truth of the Union not that while we see independent Norway and independent Ireland in budget surplus—independent Ireland with a surplus this year of €10 billion, rising to €23 billion in the next three years—the Scottish Government cannot build small hospitals on small Scottish islands? Is the answer not for Scotland to remove the Westminster handcuffs and to get the independence and budget surpluses of Norway and Ireland, so that we can move forward and move away from the Brexit of the Tories and the Labour party?
Mr Jack
They always say independence will sort the problems. Scotland is not building hospitals on the islands because the Scottish Government are squandering the most generous settlement they have had since devolution began.
Mr Speaker
Before we come to Prime Minister’s questions, I wish to welcome a special guest who is observing our proceedings today—the Speaker of the Jordanian House of Representatives. Mr Speaker, you are most welcome.
Oral Answers to Questions
Alister Jack Excerpts(1 year, 5 months ago)
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John Stevenson (Carlisle) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
I pay tribute to two great Scots who have sadly died in recent days. Winnie Ewing blazed a trail for women in politics. She was admired by colleagues from all Scotland’s parties as one of the most important politicians of her generation. Our thoughts are with her friends and family, particularly her children Fergus and Annabelle. And with Craig Brown’s passing on Monday, Scottish football lost a true legend who was held in high regard by players and fans across the country. Again, our thoughts are with his loved ones.
I am encouraged by the resilience that the Scottish labour market has shown, despite global issues still causing significant economic challenges. The latest official figures show that Scottish unemployment is close to a record low at 3.1%. I welcome that fact.
John Stevenson
If we are to grow the Scottish economy as well as the national one, it is vital that we have a skilled workforce and the right level of investment. It is also important for areas such as the Borders, between Scotland and England, to have the least friction in trade and labour market conditions. Does the Secretary of State agree that politicians of all persuasions have a responsibility to ensure maximum opportunities on whichever side of the border, to ensure the least amount of friction, particularly for those looking for employment?
Mr Jack
I agree. That is exactly why this Government introduced the United Kingdom Internal Market Act (2020): to protect frictionless trade across the UK. On maximising opportunities on whichever side of the border, it is a matter of some regret that Scotland is the highest taxed part of the United Kingdom.
Pete Wishart (Perth and North Perthshire) (SNP)
The Secretary of State and I represent large, rural constituencies with large hospitality and tourism sectors. Will he therefore name one benefit that ending freedom of movement has brought to the labour market in either sector?
Mr Jack
The Scottish National party likes to blame everything on Brexit, but for the past two years we have had record immigration into the United Kingdom. That is a simple fact—record numbers since immigration figures began.
David Mundell (Dumfriesshire, Clydesdale and Tweeddale) (Con)
I had the pleasure and privilege of being elected to the Scottish Parliament in 1999 alongside Winnie Ewing. She was undoubtedly an iconic figure of modern Scottish politics, from the Hamilton by-election to Madame Écosse and the opening of the Scottish Parliament. I always found her to be kind and sympathetic to new Members, and she always had the best stories. May she rest in peace.
Does my right hon. Friend agree that the one thing that will reduce confidence in the Scottish labour market is the prospect of another independence referendum—real or de facto?
Mr Jack
My right hon. Friend is absolutely right. Business does not like uncertainty, and the constant harping on about independence is causing uncertainty among business. The devolved Administration in Scotland should focus on the things that they were set up to do: education standards, the health service, drug deaths and getting some ferries rather than trying to create the island clearances.
Julie Elliott (Sunderland Central) (Lab)
Christian Wakeford (Bury South) (Lab)
The Secretary of State for Scotland (Mr Alister Jack)
The United Kingdom is the most successful political and economic union in the world—the foundation on which all our businesses and citizens are able to thrive. When we work collaboratively as one United Kingdom, we are safer, stronger and more prosperous; we are better able to draw on the institutions that unite us, such as the health service, the armed forces and our world-class education system; and we are better able to respond to challenges, such as supporting families with the cost of living and leading the international response to Russia’s illegal war in Ukraine.
Christian Wakeford
Does the Secretary of State think that the former Prime Minister, who was fined by the police and subsequently found to have knowingly lied to the late Queen, this House and therefore the public, strengthened or weakened the Union?
Mr Jack
The Union has never been stronger, and this Prime Minister has said that those in public life should aspire to the highest standards of propriety.
David Duguid (Banff and Buchan) (Con)
I think we can all agree about the importance of politicians telling the truth. In that context, has my right hon. Friend seen the video released by the Scottish Government in which Cabinet Secretary Angus Robertson makes a range of spurious claims about devolution being under attack by the UK Government? If so, what does he think of it?
Mr Jack
I did see Angus Robertson’s video clip, and I think I counted 16 false claims in the space of one minute and 40 seconds. That is a false claim every six seconds—pretty impressive, even by his standards. As usual, the nationalists are desperate to invent a grievance, but the reality is that the UK Government respect devolution, support it and strengthen it. The only people who want to destroy devolution are the ones who want to rip us out of the United Kingdom.
Chris Elmore (Ogmore) (Lab)
The Privileges Committee’s conclusions are crystal clear that the former Prime Minister knowingly misled this House and subsequently tried to intimidate the very Committee carrying out the inquiry he set up. Why did the Secretary of State not set an example and vote for the Privileges Committee’s report?
Mr Jack
As I said to the media when this question was raised in an interview last week, it was simply because I felt the report was too excessive in its conclusions.
Alexander Stafford (Rother Valley) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
Scotland’s energy industry is vital to supporting the UK’s energy security. This Government have listened to Scotland’s energy industry, and we understand the need to encourage industry investment. That is why we recently announced the energy security investment mechanism, which will remove the energy profits levy if oil and gas prices fall to normal levels for a sustained period prior to March 2028.
Alexander Stafford
It is great to hear a cheer for the Secretary of State as he stood up. I am sure he agrees that hydrogen production will be vital to meeting both the UK’s energy needs and our net zero targets. Will he set out what the UK Government are doing to promote the development and production of hydrogen in Scotland?
Mr Jack
Low-carbon hydrogen is critical to delivering energy security. It presents a significant growth opportunity and will help the UK to reach net zero. We have doubled our ambition to 10 GW of low-carbon hydrogen production capacity by 2030, and at least half of it will come from electrolytic hydrogen, drawing on the scale up of UK offshore wind, other renewables and, of course, new nuclear.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Will the discussions with the Scottish Government also include the problems with national grid transmission, which means National Grid is paying to turn off wind turbines because it cannot afford to get the electricity they generate to the south of the country?
Mr Jack
By law, transmission network charging is a matter for Ofgem, which is an independent regulator. It has recently produced a report on charging reforms, and the Government are looking at that report.
Selaine Saxby (North Devon) (Con)
The Secretary of State for Scotland (Mr Alister Jack)
Although forestry is a devolved policy, we continue to work with the devolved Administrations to deliver a UK-wide step change in tree planting and establishment.
Selaine Saxby
Last year, 50% of forestry planting was much-needed productive forestry for our construction and manufacturing industries. Does my right hon. Friend agree that there should now be a new UK-wide target that aims for 60% of new planting to be productive, allowing Scotland to lead the way for the rest of the UK?
Mr Jack
My hon. Friend is a champion for this industry, and it is the UK Government’s ambition to increase planting across the United Kingdom. I know she is keen for productive forestry to be used to support the construction and manufacturing industries, which is also the Government’s ambition.
Dave Doogan (Angus) (SNP)
Scotland, as in so much else, leads the way on forestry and tree planting, at 10,000 hectares, fully three quarters of all tree planting across these islands. Can the Secretary of State instruct the House on how, around the Cabinet table, he has championed Scotland’s progress in this area, or is he too cowering?
Wendy Chamberlain (North East Fife) (LD)
Oral Answers to Questions
Alister Jack Excerpts(1 year, 6 months ago)
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Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
As the UK Government in Scotland, we have an important role in promoting Scotland internationally. The Scotland Office, the Foreign, Commonwealth and Development Office, the Department for Business and Trade, and Scottish Development International work together to identify opportunities for trade and investment—a recent example being the Tartan Week celebrations held in New York.
Douglas Chapman
With the UK Government out to diminish the Scottish whisky industry through higher taxation and our food sector through post-Brexit red tape and border problems, does the Secretary of State enthusiastically welcome the Scottish Government’s focusing more time and energy on promoting global Scotland and Scottish exports?
Mr Jack
Yes, of course I do, and I also welcome the Scottish Government’s deciding not to ban advertising, for instance, for whisky producers. It is simply the case that the UK Government work with the Scottish Government in promoting Scotland overseas, but what we do not like is when the Scottish Government—I know this is what the hon. Gentleman was getting at—stray into reserved areas such as constitutional and foreign policy on those visits.
Alyn Smith
Promoting Scotland and the UK abroad is not about flags and anthems; it is about finding common cause with allies and working on common problems. The EU’s North Seas Energy Cooperation forum is a world-leading gathering of 10 coastal states around the North sea, including Norway, which is not in the EU, and Luxembourg, which does not have a coastline, and they are all agreed on trying to beat climate change by working on renewable energy. I had a parliamentary question answered just yesterday, saying that the UK does not want to join the North Seas Energy Cooperation. If the UK does not want to join, could the UK stop holding Scotland back, and we will get on with it?
Mr Jack
The UK wants to promote Scotland’s food and drink industry and to promote renewables and the sale of renewables—for instance, to Vietnam—and we do that through trade deals. I say to the SNP: “Get behind the UK Government. Get behind the trade deals we’re doing. You’ve never found one you liked so far. Start supporting them!”
Steven Bonnar
For the seventh year in a row, Scotland has been ranked the best performing nation or region outside London for foreign direct investment. That continues the trend of Scotland being the best performing nation in the United Kingdom. This investment has been achieved by the Scottish Government working to promote Scotland’s culture, innovative research and industrial strength overseas. Rather than continuing to undermine the work of the Scottish Government, should the right hon. Gentleman’s Government not be learning lessons from them on how to encourage wider foreign investment into England?
Mr Jack
The hon. Gentleman should not be taking all the credit: that work is done by the United Kingdom Government. We have 282 embassies, high commissions and consulates in 180 countries, we work very hard promoting Scotland’s interests overseas and Scotland has a wonderful Foreign Secretary in the form of my right hon. Friend the Member for Braintree (James Cleverly).
Douglas Ross (Moray) (Con)
The SNP Scottish Government’s attempts to promote Scotland internationally include awarding ferry contracts to yards in Turkey rather than in Scotland. However, given that just yesterday the SNP accepted it would be cheaper to build new ferries from scratch rather than complete the current ship at Ferguson Marine, does the Secretary of State agree with me that Scotland’s international reputation for shipbuilding has been severely damaged by the SNP, and worst of all, that islanders have been abandoned by these contracts, which are now six years late and more than three times over budget?
Mr Jack
Yes, my hon. Friend is of course right. The island communities have been terribly let down by this Scottish Government. I know he is referring to the ministerial direction yesterday to carry on with the second ferry. Ministers should always spend taxpayers’ money efficiently, even if it means losing face.
Robin Millar (Aberconwy) (Con)
Is it not the case that Scotland, like Wales, benefits from the UK’s membership of the G7 and NATO and from our many diplomatic missions around the world?
Mr Jack
Yes, indeed. Scotland’s membership as part of the United Kingdom of those incredible organisations is just another advantage of being part of the United Kingdom.
Liz Twist (Blaydon) (Lab)
Promoting Scotland overseas is vital, but so is the ability of tourists visiting Scotland to tour the fantastic islands. Earlier this week, the Scottish Transport Minister told the Scottish Parliament that he had overruled civil servants who had serious concerns about the continuation of the disastrous CalMac ferry project being a waste of taxpayers’ money. Scottish taxpayers’ money has been wasted on this poorly managed scheme and islanders have been left stranded. Last week, we learned that a Green Scottish Government Minister had chartered a private yacht to visit the Isle of Rum. Does the Secretary of State share my concerns that the Scottish Government are misusing taxpayers’ money while the islands are left without transport connections?
Pete Wishart (Perth and North Perthshire) (SNP)
The Secretary of State will know that the Scottish Affairs Committee is currently conducting an inquiry into how Scotland is promoted internationally, and all we have heard is just how well the UK and the Scottish Government work together, and about the added value that the Scottish Government mission brings to that promotion. Why is he determined to pick a fight unnecessarily and get in the way of that business?
Mr Jack
As the hon. Gentleman will know from my submission to his Committee and its inquiry, that is not what I think. I think that the UK Government should work with the devolved Administrations to promote them, and to promote trade, overseas. I also believe that when the devolved Administrations are using our missions overseas, they should not be using them to promote their plans for a separation, or to undermine our foreign policy.
Kevin Foster (Torbay) (Con)
Christine Jardine (Edinburgh West) (LD)
The Secretary of State for Scotland (Mr Alister Jack)
We are committed to working with the Department for Environment, Food and Rural Affairs and the Scottish Government on our shared ambition to protect marine ecosystems. However, we also note legitimate concerns from the fishing industry about the impact that the designation of highly protected marine areas may have on Scotland’s coastal and island communities.
Christine Jardine
Communities such as mine in Edinburgh West benefit from a strong Scottish fishing industry, bringing high-quality produce to our shops and restaurants. However, the controversial proposals to which the Secretary of State referred for highly protected marine areas would impose strict restrictions, which the Scottish Fishermen’s Federation has called “fundamentally flawed”, on 10% of our waters. There has been no trialling and no pilot scheme. Will the Secretary of State commit to sharing details of the pilot scheme that the UK Government are running with the Scottish Government, and continue to press for measures that will support rather than restrict communities?
Mr Jack
We will share the results of those pilot schemes. I reiterate what the Prime Minister said at Prime Minister’s questions last week to the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone), which is that the Scottish Government should U-turn on this issue and respect the fact that fishing communities know what is best to preserve stocks and know what is best for future generations. The Scottish Government would do well to pay attention to them.
David Duguid (Banff and Buchan) (Con)
My right hon. Friend will agree with me and the fishing industry in Scotland that we are not against conservation and sustainability in principle. Does he agree that the haste with which the Scottish Government are trying to implement their highly protected marine areas policy is yet another case of the Green tail wagging the SNP dog, and that that could have an extremely damaging consequence for coastal communities across Scotland, including mine in Banff and Buchan? [Interruption.]
Contingencies Fund Advance
Alister Jack Excerpts(1 year, 9 months ago)
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The Secretary of State for Scotland (Mr Alister Jack)
I hereby give notice of the Scotland Office’s intention to seek a repayable cash advance from the Contingencies Fund. The Department requires an advance to meet the Scottish Government’s cash requirements pending parliamentary approval of the supplementary estimate 2022-23.
The Scottish Government are operating within their budgets, so this does not represent additional spending. However, an increase in net cash requirement will be sought in the supplementary estimate so accessing the Contingencies Fund will allow the Scottish Government to fund this existing spending in the meantime.
The advance will be repaid immediately following approval of the supplementary estimate.
Parliamentary approval for additional non-budget expenditure of £2,813,000,000 will be sought in a supplementary estimate for the Scotland Office. Pending that approval, urgent expenditure estimated at £2,813,000,000 will be met by a repayable cash advance from the Contingencies Fund.
[HCWS583]