Oral Answers to Questions

Debate between David Mundell and Stewart Hosie

Wednesday 18th December 2013 Commons Chamber

[Stewart Hosie (Dundee East) (SNP)]

The UK Government’s attitude to the living wage was encapsulated by the Under-Secretary of State for Business, Innovation and Skills, the hon. Member for East Dunbartonshire (Jo Swinson) earlier this year when she said:

“There is no recognised definition of a national living wage.”—[Official Report, 10 June 2013; Vol. 563, c. 211W.]

She went on to explain that the Government had therefore made no assessment of its consequences, were it to be introduced. Should not the Government move quickly to introduce a living wage for their employees, wherever they might be based in the UK, rather than hiding behind the vacuous argument that it is too difficult to calculate, given that we know it will be £7.65 an hour in Scotland and £8.80 in London next year?

[David Mundell]

It is never a surprise to hear the Scottish National party mention London in the same breath as Scotland. As I said to the hon. Member for Motherwell and Wishaw (Mr Roy), the Government believe that the living wage is a concept that should be supported, where employers can afford it and where it is not introduced at the cost of jobs.

Oral Answers to Questions

Debate between David Mundell and Stewart Hosie

Wednesday 6th November 2013 Commons Chamber

[David Mundell]

I absolutely agree with my hon. Friend that that is the best way forward not just for Scottish business but for business in the whole of the UK. Businesses in his constituency benefit from the single domestic market, which includes Scotland.

[Stewart Hosie (Dundee East) (SNP)]

I expect that Scotland will vote yes to independence next year and in those circumstances, the best hope for businesses in the north-west of England—and, indeed, businesses throughout England, which sell £50 billion of goods and services to Scotland every year—is the maintenance of sterling in a formal currency union, which was described by the right hon. Member for Edinburgh South West (Mr Darling) as logical and desirable. Does the Minister agree with the right hon. Gentleman or with yesterday’s scaremongering “project fear” nonsense from the Chief Secretary?

[David Mundell]

I most certainly do not share the hon. Gentleman’s expectation of the outcome of the referendum. He now chooses who to listen to. He used to listen to Mr Jim Cuthbert, who said:

“It’s very difficult to have independence within a currency union. Greece says it all. In any currency union, there are restrictions on individual members and that doesn’t equate to independence.”

Oral Answers to Questions

Debate between David Mundell and Stewart Hosie

Wednesday 13th February 2013 Commons Chamber

[David Mundell]

My hon. Friend is quite right to point out the irony. Most policies pursued by the Scottish National party are about breaking up Britain, but on this issue it appears to want to bring Britain closer together.

[Stewart Hosie (Dundee East) (SNP)]

The Minister’s answers simply will not do. If he was serious about improving transport links between Scotland and England, HS2, which is a massive investment, would not start in London and grind to a halt halfway through England in Manchester or Leeds; it would carry on to Glasgow and Edinburgh along the west and east coasts of Scotland. I ask him to go one better than the Department for Transport and tell us whether the Government have even a time scale for developing a plan for completing HS2 to Scotland.

Oral Answers to Questions

Debate between David Mundell and Stewart Hosie

Wednesday 21st November 2012 Commons Chamber

[David Mundell]

I can advise my hon. Friend that by 2020, there will be 8,000 jobs based at Faslane, following the recent announcement by the Secretary of State for Defence of an additional 1,500 jobs. There is absolutely no certainty about what would happen to anybody employed in the Ministry of Defence or the defence industries in Scotland under an independent Scotland.

[Stewart Hosie (Dundee East) (SNP)]

The list of recent investment and job announcements in Scotland has been quite remarkable, particularly in the renewables sector. The Minister will know there were £2.3 billion-worth of completed projects to July this year, and that there is a future pipeline of £9.4 billion with many thousands of jobs attached. Each of those investment decisions has been taken in the sure and certain knowledge that the referendum is coming and independence is likely. Why does the Minister think that these investment decisions continue to be made, and why is nobody listening to his scare stories?

[David Mundell]

I do not agree with the hon. Gentleman’s analysis. These investments are taking place despite the uncertainty, not because of it. I tend to agree with the chief executive of Aggreko, who said yesterday in giving evidence to a parliamentary Committee that the supposed benefits of independence were “small and tenuous” and unlikely to arise, while the dangers were “large and serious”.

[Stewart Hosie]

The Minister mentions uncertainty, but the only uncertainty we have seen is the massive increase made in the North sea supplementary charge with no discussion with the sector, and the uncertainty for employees now that this Government are making it easier to sack people. Is it not the case, as Douglas Sawers of Ceridian said when he made a significant investment earlier this year, that in the event of independence, the Scottish Government’s approach will be to make Scotland more, not less, competitive? Is that not the truth? Instead of scare stories, we are going to move to independence with a Government who will make Scotland more, not less, competitive?

[David Mundell]

When the people of Scotland make a decision on independence in the referendum, they must be sure that that decision is a long-term one. Independence is not for Christmas 2014. If the hon. Gentleman looked at the Institute for Fiscal Studies report, he would see that it says that an independent Scotland would face much harder decisions than the rest of the UK in the longer term.

Referendum (Scotland)

Debate between David Mundell and Stewart Hosie

Monday 15th October 2012 Commons Chamber

[David Mundell]

I can assure my hon. Friend that it will not create a precedent. The franchise for parliamentary and local government elections throughout the United Kingdom will be determined by opinions in this House. At the moment, the Government have no proposals to change the voting age, and I do not believe there is a majority in the House to do so.

I say to my hon. Friend and others who share his views that they must now take their arguments to Scotland and the Scottish Parliament, so that the Scottish Government can be held to account when they bring forward their proposals. This is a moment for the Scottish Parliament to demonstrate its own robust ability to scrutinise legislation. When it identifies complexities with enfranchising 16 and 17-year-olds, of which there are many, it can hold the Scottish Government to account and argue against the proposal.

[Stewart Hosie (Dundee East) (SNP)]

I thank the Minister for his statement, although he will forgive me if I do not welcome the final two or three paragraphs. However, I thank him for very early sight of it.

This decision is historic, and I agree with the Minister that it is the most important that we will ever take. It also has the potential to be exciting and transformative for Scotland when the Scottish people vote yes. I very much welcome the 2014 timeline, which was of course the Scottish Government’s favoured position, and the extension of the franchise to 16 and 17-year-olds—also a Scottish Government position.

Does the Minister agree that the most exciting part of this is that, as he said, the Scottish Parliament will be the final determiner of the question? It has the only mandate of any Parliament in the UK to set a question on independence for Scotland.

[David Mundell]

I am surprised that the hon. Gentleman did not tell us that the Scottish National party wanted only one question, as well.

I do not agree with the hon. Gentleman, because his question reveals his party’s obsession with process. What is important, ultimately, is not who legislates on the referendum but the decision that the people of Scotland take. They will have the opportunity to end the uncertainty and vote to remain part of the United Kingdom.

Scotland Bill

Debate between David Mundell and Stewart Hosie

Thursday 26th April 2012 Commons Chamber

[David Mundell]

Along with the redoubtable Wendy Alexander, Annabel Goldie, Lord Browne of Ladyton, Lord Stephen and my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael), I took part in the very first meeting that led to the establishment of the Calman commission. I am pleased and proud today to be part of what I hope will be the successful conclusion of the commission’s work. The return of the Scotland Bill to this House comes after the other place has given the Bill a great deal of detailed scrutiny and consideration for many months. Indeed, in handling the Bill in the Lords, Lord Wallace of Tankerness was compared to Kate Adie. That comparison is not correct: he was more like General Montgomery, because he was at the forefront of the action rather than a mere commentator.

Since the Bill was last in this House, there have been two very significant developments. The Scottish Government have changed their position from one of opposition to one of support for the Bill, including many of the amendments we will consider today. On 21 March, the Secretary of State confirmed in a written ministerial statement the terms on which agreement had been reached with the Scottish Government on the Bill, and on 18 April the Scottish Parliament passed the legislative consent motion for the Bill unanimously.

When the Bill was last in this House, it appeared that the Scottish National party would never join the consensus that has been shared throughout both the Calman commission process and the parliamentary process on the Bill.

[Stewart Hosie (Dundee East) (SNP)]

I know that the Minister wants to pretend that this Bill is incredibly important, but in fact it is a rather modest Bill. If I may correct him—I know that he sometimes struggles with detail—he will remember that on Second Reading, I made it clear that we would not stand in the way of the Bill. I welcome the changes that the UK Government have made, in particular to remove some of the re-reservations, and I hope that we can now get on and pass this modest little measure.

[David Mundell]

I also remember the occasion on which the Scottish National party voted against the Bill, as we will detail in respect of the specific amendments that come forward. Several changes have been made to the Bill, but all of them have been on the basis of assurances provided by the Scottish Government as to how the matters will be conducted.

--- Later in debate ---

[David Mundell]

The right hon. Lady may recall that during previous consideration of the Bill, I identified London SNP as a quite different body from the Scotland-based SNP. At the same time as the SNP in London opposed the Bill, more sensible forces in the Scottish Parliament were looking to bring forward what will be a significant package of measures that will strengthen devolution by increasing the financial accountability and responsibility of the Scottish Parliament.

[Stewart Hosie]

Instead of misrepresenting me, why does not the junior Minister understand that the only reason the Scottish Parliament was able to agree the legislative consent motion was because the UK Government agreed to remove the idiotic re-reservations that they had planned; agreed to take out some of the significant and damaging things that they had intended with the Supreme Court; and, fundamentally and very sensibly, agreed proper commencement procedures, about which I will say more later?

[David Mundell]

I am sure that the SNP at Westminster group leader’s substitute will recognise that when this Bill was previously debated in this Parliament, the Scottish National party indicated that it had six demands that it required to be reflected on the face of the Bill before it would support it. None of those six demands is in the Bill as we debate it today or as it was debated in the Scottish Parliament, where it received unanimous support—including that of all members of the Scottish National party present.

--- Later in debate ---

[Stewart Hosie]

The Minister will concede, I hope, that notwithstanding this change there is no material difference between the Bill as it was and the amendment to the title of the Crown Estate Commissioner?

[David Mundell]

The amendment changes the title. If the hon. Gentleman is alluding to whether the Scottish Government, in their discussions on the Bill, put forward a requirement for further devolution of the Crown Estate, I can tell him that they did not. It was not a red line for the Scottish Government.

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[David Mundell]

I shall make a few points on the issues pertaining to this group of amendments. I can assure the right hon. Member for Stirling (Mrs McGuire) that we on the Government Benches always listen to her wise counsel. I will deal with the specific points she raised, which are important—regardless of when or where they are raised.

As the matter was raised by the hon. Member for Perth and North Perthshire (Pete Wishart), let me be clear about the position on joint commencement. The Scottish Government sought a specific provision for joint commencement in this Bill. The request was refused, as it was unworkable—like so many proposals advanced either by the SNP in London or the Scottish Government. Instead, we focused on delivering this Bill. At last, that objective is shared by the Scottish Government.

Of course we want to achieve circumstances in which joint commencement can take place. I shall quote from a letter sent by the Secretary of State on 20 March to Bruce Crawford and John Swinney:

“Consistent with the principle of consent, our two governments should reach agreement on implementation issues, including adjustments to the block grant, to take account of the Scottish Parliament’s new fiscal powers.”

That is the Government’s position.

Let me respond to a point made by hon. Member for Dundee East (Stewart Hosie). He seemed to suggest that evidence had been produced to support the Scottish Government’s and indeed the Scottish National party’s suggestion that corporation tax should be devolved. Again, I am sure that he would not wish to mislead the House into thinking that actual evidence had been produced to support that proposition. Indeed, it was not.

[Stewart Hosie]

The Minister’s memory is appalling. I intervened on the Labour Front-Bench spokesman to ask the Labour party’s position on corporation tax. I said no such thing about evidence being provided to the UK Government. I am sure Hansard will bear that out. If, however, the Minister wants to carry on and embarrass himself further, I will be delighted to listen.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I would obviously not allow the Opposition Front-Bench team to respond. I am sure that, as we go through the further provisions, everyone will be able to discuss the issues about taxation that they wish to raise.

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[Stewart Hosie]

I want to say only a few words about this group of amendments. They are very welcome, particularly the scratching out of some of the re-reservations. We tabled amendments, of course, to remove the re-reservation of insolvency and health professional regulation matters in a previous stage, but the Government rejected them at that point, as did the British Labour party. I am delighted that there is now unanimity that those re-reservations should be removed.

[David Mundell]

Will the hon. Gentleman confirm that he also tabled an amendment at an earlier stage to remove the re-reservation of Antarctica and that the re-reservation of Antarctica remains in the Bill?

[Stewart Hosie]

Indeed it does. We can safely say that we have no territorial claims on Antarctica. This is a Scotland Bill, and the re-reservation removal is sensible.

Lords amendment 18 deals with reports on the implementation and operation of financial measures in the Bill. That is a sensible provision, and it is linked closely to the commencement of those financial provisions. We made that point repeatedly throughout debates on the Bill. In the Committee of the whole House, on the second day of debate, we discussed commencement powers to ensure that things were done at the correct time. We had a good debate on six separate commencement provisions for various financial measures. We said:

“If the commencement arrangements are left unchanged, many of the most important questions about the Bill will be left unanswered.”—[Official Report, 14 March 2011; Vol. 525, c. 89.]

On Third Reading, we said that the amendments that we had tabled on commencement would ensure that the tax provisions could not

“be brought into effect unless the Scottish Parliament...specifically consented.”—[Official Report, 21 June 2011; Vol. 530, c. 248.]

That was not just a point of principle—matters that affect the Scottish Parliament should be decided by the Scottish Parliament—but concerned some practical, technical issues. If a number of fiscal measures were introduced at the wrong time in the economic cycle that could be detrimental economically. Several Labour Members understood that point, and did so very clearly indeed, and it was interesting that Labour abstained from decisions on commencement—the party did not object to it, and I am glad that it welcomes what we have at the moment.

I want to take the opportunity, unusually, to be generous to the Secretary of State. The discussions and negotiations between his team and Bruce Crawford, the Cabinet Secretary for Parliamentary Business and Cabinet Strategy, and the letter that the Secretary of State sent to Bruce and to the Cabinet Secretary for Finance, Employment and Sustainable Growth, John Swinney, were extremely helpful, particularly the part of the letter that said:

“Consistent with the principle of consent”—

which was what we were determined to deliver—

“our two governments should reach agreement on implementation issues, including adjustments to the block grant…Each government should also provide assurance to its Parliament before the relevant provisions of the Bill are brought into force and before implementation arrangements are brought into effect.”

That agreement on the requirement properly to engage the Parliaments, and the principle of consent, were what we were trying to achieve. For the avoidance of doubt—and I have said this to the Secretary of State for Scotland, so it is not a surprise to him—of course there will be a bun fight about the contents of the Bill. Of course the matters that are being devolved do not go far enough for the Scottish National party—that is not a huge surprise—but making sure that we avoid the dangers of the financial provisions commencing at the wrong time was always the key thing that we needed to change. The Secretary of State knows that, so I very much welcome that exchange of letters to ensure that commencement is done properly on the basis of consent.

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[David Mundell]

There has been much debate about the role of the Lord Advocate and the Supreme Court in Scottish criminal proceedings. That debate has come a long way, and there is now agreement that the Supreme Court should have a role in relation to the European convention on human rights and EU law issues arising in Scottish criminal appeals.

The amendments tabled by the Government in the Lords took account of the many views expressed on these issues, including those of the expert group set up by the Advocate-General for Scotland. It would be appropriate at this point to remark on the passing of Paul McBride QC, who served on the expert group. Paul McBride was a well respected lawyer in Scotland and a highly regarded member of civic Scotland, and he is greatly missed by all who knew him and by the wider legal community. The amendments also took account of the views of the review group led by the noble and learned Lord McCluskey. On Report in the other place, he commented on the Government’s amendments. The end result of that process is something that even I could agree to about 98% of—which for anyone, never mind a lawyer, is a pretty good outcome, given where the debate started. In addition, the amendments tabled by the Government reflected the agreement that was reached with the Scottish Government to ensure that the legislative consent motion in support of the Bill was passed in the Scottish Parliament.

Lords amendments 9 and 19 to 22 replace clause 17 and make further provision about Scottish criminal proceedings. Subsection (2) of the new clause inserted by Lords amendment 21 would make the same provision as provided for by clause 17(2). That would mean that acts or failures to act by the Lord Advocate in prosecuting any offence, or as head of the system of criminal prosecutions and investigations into death in Scotland, would not be ultra vires should those acts be incompatible with the European convention on human rights or EU law. However, it will still be possible for acts of the Lord Advocate to be unlawful under section 6(1) of the Human Rights Act 1998 if the Lord Advocate acts in a way that is incompatible with the convention.

Lords amendments 19 to 21 provide for a new route of appeal to the Supreme Court for compatibility issues—questions raised in criminal proceedings about convention and EU law issues. Those issues would no longer be able to be raised as devolution issues. Lords amendment 21 would provide a right to appeal a compatibility issue from the High Court, acting as an appeal court, to the Supreme Court. The permission of the High Court or the Supreme Court would be needed for most appeals. An application for permission to appeal would have to be made within specified time limits, which could be extended if the Court considered that equitable.

Lords amendment 21 provides that the Supreme Court would only be able to determine a compatibility issue and would then have to remit the case back to the High Court. The High Court would then decide what steps needed to be taken in the light of the Supreme Court’s decision. For example, the Supreme Court would not be able to decide to overturn an accused’s conviction; that would be for the High Court to decide.

[Stewart Hosie]

I welcome that part of the group, but will the Minister make it absolutely clear—I believe he is just about to do so—that what we are seeing with these changes is an ending of the Supreme Court’s ability to substitute its decision for that of the High Court?

[David Mundell]

On this occasion, I am able to welcome the hon. Gentleman’s welcome. The provisions in the Bill, if these amendments are approved, will mean exactly that: the Supreme Court will not be able to substitute its own judgment for that of the High Court.

Oral Answers to Questions

Debate between David Mundell and Stewart Hosie

Wednesday 14th September 2011 Commons Chamber

[David Mundell]

I can assure the hon. Gentleman, who is a doughty fighter for Remploy, that no decisions have been made. I understand that he attended a meeting in the Scottish Parliament organised by Helen Eadie MSP that undertook to submit a response to the consultation on Remploy, and that response will be welcome.

[Stewart Hosie (Dundee East) (SNP)]

The Dundee Remploy factory is in the constituency of the hon. Member for Dundee West (Jim McGovern), but many of my constituents work in it. The factory makes first-class chemical and biological suits, which are required by the emergency services and the military. I urge the Minister to speak not just to the Department for Work and Pensions, however important that might be, but to the Ministry of Defence and the Home Secretary to ensure that the emergency services and the military look carefully at what Remploy produces and, in particular, the quality of the suits that the Dundee factory makes.

[David Mundell]

The hon. Gentleman will know that his constituency neighbour has already met the MOD, which has confirmed the high standard and quality of the work Remploy does in its Dundee factory. However, I urge the hon. Gentleman and everyone in Scotland with an interest to take part in the consultation.

Scotland Bill

Debate between David Mundell and Stewart Hosie

Tuesday 15th March 2011 Commons Chamber

[Stewart Hosie]

Is that not the argument that was being used earlier: that losers can become winners? Why would a Labour Member make that case, when the Minister is explaining that that is precisely what the Labour party is now doing?

[David Mundell]

Well, I find it—

Scotland Bill

Debate between David Mundell and Stewart Hosie

Monday 7th March 2011 Commons Chamber

[David Mundell]

I note the hon. Gentleman’s comments, but I believe that we can all play a role in ensuring that it happens through the force of our argument. Again, I invite colleagues to join me and others at the meeting with the chairman of the Interim Electoral Management Board.

[Stewart Hosie]

The Minister is doing a stoical job in trying to defend the indefensible, but the right hon. Member for Stirling (Mrs McGuire) is right. Notwithstanding the fact that we want everything devolved, not just the administration, the clearest signal that we are backing public opinion in wanting an overnight count would be voting for amendment 10 and allowing the Scottish Government to make the decisions thereafter.

[David Mundell]

I do not know why I should be surprised at the SNP’s voting against more powers for the Scottish Parliament in an attempt at gesture politics, in which its specialises.

The SNP referred to new clause 5, on which we will vote on the third day of Committee proceedings. That would give the Scottish Parliament full legislative competence for the Scottish Parliament elections. That goes far wider than the Calman commission’s recommendation to devolve only the administration of elections. The Government gave careful consideration to the extent of the powers to be devolved on the evidence provided to the commission, and we believe that the proposals in the Bill strike the right balance. Devolving elements of responsibility for the administration earlier, as was outlined earlier, is consistent with the Calman commission’s principle—

[David Mundell]

This will not be the first time during the Committee’s discussions that I refer to the fact that the SNP declined to take part in the deliberations of the Calman commission, and indeed set up its own national conversation. Many issues on which SNP Members now claim outrage could have been fully debated if they had raised them at that time. The Bill is based on the recommendations of the commission.

[Stewart Hosie]

The Minister says that the SNP declined to take part in Calman. He will, I am sure, want to confirm for the record that the Government refused to accept all the Calman recommendations, and that the Bill does not go even as far as Calman suggested it should.

[David Mundell]

Given the hon. Gentleman’s thorough research into all matters on which he speaks, I am sure he has read in detail the Command Paper that accompanied the publication of the Bill, in which the Government set out their response to each and every Calman recommendation, and how, whether in legislation or otherwise, those are being taken forward.

Government amendment 29 to clause 3 is technical and ensures that when Scottish Ministers make orders about the administration of Scottish Parliament elections, they can include the type of technical supplementary provision set out in section 113 of the Scotland Act 1998. For example, Ministers could make different provisions for different purposes or make consequential or savings provisions. The amendment also ensures that any criminal penalties imposed in such an order are subject to the appropriate limits. It gives Scottish Ministers the same supplementary powers and constraints as currently apply to the Secretary of State when he makes provision on the administration of Scottish Parliament elections.

I commend clause 1 to the House and urge the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) to withdraw his amendment.

--- Later in debate ---

[David Mundell]

As I have suggested—as have the “secret” ministerial statement the Secretary of State made last week, the “secret” LCM Committee report, and the “secret” clauses that are on the website—the coalition Government are engaged in consultation and dialogue on these clauses. Indeed, so generous are we in that regard, that we will even take on board in our considerations the points the hon. Gentleman makes on these matters, but these amendments are not being moved at this stage. There is a further very significant point, which I would have thought would have satisfied the hon. Gentleman given the respect he has for the Scottish Parliament and its views: a further LCM would be required from the Scottish Parliament if significant amendments were being made in relation to section 57(2).

[Stewart Hosie]

Given the time scales, will it in fact be the next Scottish Parliament after the election in May that will have to consider a further LCM, were one to be requested if such amendments were going to be considered?

[David Mundell]

The hon. Gentleman is very astute: yes, there will be a Scottish Parliament election on 5 May, and, yes, the current Parliament will be dissolved on 22 March. It is therefore very likely that there will be another Scottish Parliament in place, but this coalition Government respect that Parliament and whatever Government emerge of whatever political colour, and we will engage in a constructive dialogue with whoever is in power in Holyrood.

On the Opposition amendments, currently entire Bills of the Scottish Parliament can be delayed, possibly for months, should just a single provision be referred to the Supreme Court to determine whether it is within legislative competence. Clause 7 of this Bill will amend the 1998 Act, not in the nefarious way the hon. Member for Perth and North Perthshire (Pete Wishart) suggests, but in a positive way, to prevent unnecessary delays to Bills where the majority of provisions are considered to be within the competence of the Scottish Parliament. The affected Bill would be submitted for Royal Assent by the Presiding Officer, while the disputed provisions would not come into force until the Supreme Court had reached a decision and Scottish Ministers had made the appropriate commencement order. The UK Government believe this is the most appropriate and sensible method of helping to ensure that the work of the Scottish Parliament runs as smoothly as possible. Members will wish to note that the Scotland Bill Committee in the Scottish Parliament accepted this provision, but asks for consideration to be made of the legislative procedure used. We will review that recommendation carefully.

The amendments would require the Law Officer making the limited reference, in addition to the Presiding Officer, to publish notice of the reference in the Edinburgh Gazette and also in the London Gazette and Belfast Gazette. Clause 7 already requires the Presiding Officer to publish notice of a reference in the Edinburgh Gazette and in such other ways as he considers appropriate. It does not prevent the Presiding Officer from publishing notices in the London Gazette or Belfast Gazette, or in any other paper or on any website, or in any other way he should wish—even secret ones.

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[David Mundell]

I acknowledge for the record that the vote took place, but I also point out to the hon. Lady annex A, where the minority views on the issues on which her colleagues felt particularly strongly are set out, clearly stating their disagreement.

[Stewart Hosie]

This is not good enough. The Minister said that the Bill Committee was unanimous, but the footnote makes it clear that it was not—there was a division and a split vote. Will he now take the opportunity to correct what he said so that the Committee is not inadvertently misled by his earlier remarks?

--- Later in debate ---

[Stewart Hosie]

That answer was interesting. Presumably it means that BB weapons, such as those that have been described, are not covered by the legislation, in terms of being devolved to the Scottish Parliament. Will the Minister confirm that that is the case?

[David Mundell]

My understanding is that the Scottish Parliament would at this stage be able to take forward its own proposals in relation to a gun or implement of that type. As I understand it, we are not at the stage of having a definition for the weapon in relation to the incident, but there are implements of that nature for which the Scottish Parliament already has the power to make provision, as the hon. Gentleman knows.

--- Later in debate ---

[David Mundell]

I will e-mail the hon. Gentleman with the relevant details.

[Stewart Hosie]

Further to that point of order, Mr Benton. The Minister has generously offered to e-mail those secret amendments to the Front-Bench spokesman of the Labour party. I take it that he will want to communicate with the whole Committee, so placing the amendments in the Library would be more helpful.

[David Mundell]

I am happy to accede to that request, Mr Benton.

Clause 12

Insolvency

Question proposed, That the clause stand part of the Bill.

Scotland Bill

Debate between David Mundell and Stewart Hosie

Thursday 27th January 2011 Commons Chamber

[Stewart Hosie (Dundee East) (SNP)]

It is a genuine pleasure to follow the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson), who said a number of things with which I agree entirely. Twice she said that this should not be a dry, academic exercise, the first time stating that it was not about the powers, but the policies that they are used for.

On the Bill’s proposals for enhanced financial powers, with which we agree, I wish to set out in a little detail precisely what we would do with them and why we back them. I would also like to clear up a slight misunderstanding: we will absolutely not stand in the way of the Bill. The SNP will never stand in the way of additional powers coming to Scotland. The reason for the reasoned amendment, and for the amendments that we will table in Committee and beyond, is our desire to strengthen the Bill by ironing out some of the flaws and making it better. That is what we should all be doing. Notwithstanding the fact that we are only 100 days away from the Scottish election, at heart we all want the Bill to be as good as it can be.

[David Mundell]

I am afraid that I do not understand the logic of the hon. Gentleman’s argument, because his so-called reasoned amendment suggests that the Bill is “unacceptable”. The logic of his argument is that if he does not succeed in making the amendment—and he must accept that he is unlikely to do so—he will be unable to support the Bill in an unamended form.

--- Later in debate ---

[Stewart Hosie]

It is rather obvious that we are seeking to make the Bill better. In its current form it will not work, and I will explain why in a moment. I do not believe that it will meet even the honourable objectives that the Government have set out.

[David Mundell]

I think that the House deserves some clarification from the hon. Gentleman. If the amendment that he is promoting does not prevail and the Bill progresses in essentially the same form, perhaps with only some minor amendments, is he saying that his party will not accept it?

[Stewart Hosie]

I now see what the Minister is asking. I have every confidence that, when we coalesce in Committee, the common sense of Members from all parties will lead to a number of successful amendments that will improve the Bill, perhaps by addressing the weaknesses in the financial powers, for example, to which the hon. Member for Kilmarnock and Loudoun alluded. We will wait until the subsequent stages before deciding on the Bill, which might have been changed substantially by then.

--- Later in debate ---

[David Mundell]

Of course, Antarctica is another issue—it became of interest to the Scottish National party only when it discovered that it might no longer be devolved. As became clear in the debate, SNP policy on it is not exactly clear.

The Calman process provides a great example of different political parties working together in the national interest, and I am sure that Opposition Members will in due course come to see the coalition Government in a similar light. If the Bill benefits from being cross-party, it also benefits from being cross-Parliament. I have no doubt that the Bill, and support for it, will be enhanced through being tested by the unique tricameral scrutiny to which it is subject—in this House, in the other place and in the Scottish Parliament.

I was extremely disappointed by the way in which Scottish National party Members derided the Scottish Parliament process of scrutiny, about which the hon. Member for Glasgow East spoke eloquently, and which is accepted as one of the great assets of the Scottish Parliament. As ever with the Scottish National party, however, the issue is not the level of scrutiny but whether the scrutineers agree with it.

[Stewart Hosie]

The Minister is wrong: there was no criticism of the process of Scottish Parliament committee scrutiny, which is a model, an exemplar, a fantastic system. The difficulty was the shameful way in which certain witnesses and potential witnesses were treated. I am happy to defend them against the committee involved, which treated some of them appallingly.

[David Mundell]

Anybody who reads the transcripts will realise that it was the way in which the evidence was given, and its quality, that was the issue in the sessions concerned. I look forward to the evidence of Scotland’s Finance Secretary when he is recalled to that committee. Given some of the comments of the hon. Member for Perth and North Perthshire (Pete Wishart), we will not take too many lessons from his party on respect within the context of a debate.

The commission’s initial task was to review

“the provisions of the Scotland Act 1998 in the light of experience and to recommend any changes to the present constitutional arrangements that would enable the Scottish Parliament to serve the people of Scotland better, that would improve the financial accountability of the Scottish Parliament and that would continue to secure the position of Scotland within the United Kingdom.”

As we have heard today, there is an overwhelming consensus in the House and in Scotland that the Bill lives up to that vision. It builds on the success of the first 11 years of the Scottish Parliament, and addresses Holyrood’s one critical flaw: the lack of revenue-raising power to match its spending power.

On the amendment, I defer to the House and the Speaker, who selected it, but I am not sure how to respond. It clearly states that the Bill, in its present form, is unacceptable, yet when Scottish National party Members are asked whether they support the Bill, and whether they will support it if it emerges from the parliamentary process in broadly the same terms, they are unable to give an answer. I am afraid that the amendment strikes me as no more than a stunt—an opportunity to say, “We opposed it,” while agreeing with it. It is absolutely ludicrous that a party, which has some worthy people in it—the worthiness of the views of many members of the SNP has been acknowledged—should come to the House and say, when additional powers for the Scottish Parliament are proposed, “No, we don’t want them. Because we can’t have our own way, we’re not going to support the Bill.”

[Stewart Hosie]

The Minister has not listened to the debate. We made it extremely clear that we will not stand in the way of any powers being devolved to Scotland. As the Bill stands, however, it has huge flaws and needs to be improved. That is a rather sensible thing to say, one would have thought, on Second Reading.

[David Mundell]

In that regard, the hon. Gentleman’s comments are as incoherent as his comments in relation to the financial provisions. The SNP stands against the Bill, and will divide the House on the basis that the Bill is unacceptable. If the motion is carried, that, as Mr Deputy Speaker has indicated, would be the basis on which the Bill went forward. The position set out by the SNP is incoherent not just financially but constitutionally.

Let me now deal with some other, more sensible contributions. We heard from a number of old hands—old in terms of the devolution process, although not, of course, in terms of years. We heard from my hon. Friend the Member for Epping Forest (Mrs Laing), who described her experience of the scrutiny of the original Scotland Act. We also heard from the hon. Member for Central Ayrshire (Mr Donohoe), who is no longer in the Chamber, but who is a great supporter of devolution whenever the opportunity arises.

The right hon. Member for Gordon (Malcolm Bruce), who has campaigned on these issues for a long time and with some success, made a thoughtful speech. I can inform him that the United Kingdom Government as a whole will review charity law, and that, as we have made clear in the Command Paper, we felt that it would be better to enact the spirit of the Calman recommendations once that review had been completed in the rest of the UK.

A number of Members raised the question of changes in the income tax threshold. The Command Paper makes it clear that the Government would proceed on the basis of no detriment, and that any such changes would be accommodated in the block grant settlement.

I congratulate the hon. Member for East Lothian (Fiona O'Donnell) on the fact that she is celebrating her birthday, although I am slightly concerned that she should enjoy doing so in combat with some members of the SNP. During the course of the debate, I realised that there was an obvious gift for her: the book by my hon. Friend the Member for Milton Keynes South (Iain Stewart). As he revealed that he had a large number of copies, not only the hon. Lady but most of her constituents would be able to receive one.

My hon. Friend the Member for Carlisle (John Stevenson) made some important points about cross-border relations. As both the Secretary of State and I are well aware, people living in the border regions have long been able to cope with the differences on either side of the border. For instance, the well-established difference in the licensing laws that used to prevail did not cause any particular difficulties. The existing devolution settlement does not cause any difficulties, and the revised settlement will not cause any either.

The hon. Member for Livingston (Graeme Morrice) made the important point that strengthening devolution does not undermine the United Kingdom, but strengthens it. As well as giving us a précis of his book, my hon. Friend the Member for Milton Keynes South raised significant points about, for instance, pension plan payments. I can reassure him that the high-level implementation group involving HMRC is examining those issues at this moment.

My hon. Friend the Member for Warrington South (David Mowat) intervened on my hon. Friend the Member for Milton Keynes South on the subject of the Barnett formula, and was subsequently involved in a discussion of the subject. I accept that concern has been expressed about the system of devolution funding, but tackling the deficit is the Government’s top priority, and any changes would await stabilisation of the public finances. The current funding arrangements—in essence, the Barnett formula—are set out in an administrative agreement rather than in statute, but the financing mechanism in the Bill would apply equally well to another way of calculating the block grant. The Bill does not fix the Barnett formula in stone for the future. It neither rules in nor rules out reform of the Barnett formula in the future; indeed, it is designed to be flexible in relation to alternative approaches to funding.

The right hon. Member for Stirling (Mrs McGuire), a seasoned campaigner on these issues, made a number of important points. I can reassure her that the Government are not devolving taxation in relation to savings and unearned income, so most of the things about which she expressed concern will not come to pass. The hon. Member for Glasgow North West (John Robertson), who is no longer in his place, has always been a staunch supporter of the nuclear industry, and he is to be commended for that. However, he will be aware that, after due consideration, the Calman commission concluded that there should be no change to the arrangements for new nuclear power stations in Scotland.

The hon. Member for Glasgow North East made an interesting point about a Scottish office for budget responsibility, and I look forward to hearing more about that in the next stage of the debate. As I have said on previous occasions, I very much welcome the hon. Members for Glasgow East and for Kilmarnock and Loudoun to this House, because they bring a great depth of experience of the Scottish Parliament and of being in government in Scotland—in coalition with the Liberal Democrats, of course. I reassure the hon. Member for Glasgow East, in her absence, that the Government are committed to the Bill’s proposals on airguns and that I listened to the powerful case she made in that regard. Finally, I did welcome the contribution of the hon. Member for West Dunbartonshire (Gemma Doyle). However, although she is one of the younger Members of this House, it appeared that she was somewhat stuck in the 1980s.

My final remarks are for those people who have opposed this process, who have sat on the sidelines every time they have had an opportunity to contribute to this process and who are only able to come forward at the last minute with carping complaints. What I say to them is—

Constitutional Law

Debate between David Mundell and Stewart Hosie

Wednesday 24th November 2010 Commons Chamber

[David Mundell]

As the hon. Lady will know, having contributed to other debates, that issue has been debated in the House during the consideration of the Parliamentary Voting System and Constituencies Bill and the Fixed-term Parliaments Bill. However, I will address it later in my remarks.

[Stewart Hosie (Dundee East) (SNP)]

I appreciate that the Minister has changed his mind—he is perfectly entitled to do that—but he prays in aid Mr Gould. From memory, I am sure that Mr Gould’s recommendation was that there should never be two elections of different sorts on the same day. The order rather seems to run counter to that core recommendation.

[David Mundell]

I think the hon. Gentleman’s memory betrays him. If he had been paying particular attention to the helpful contribution of the Scottish Affairs Committee on the Parliamentary Voting System and Constituencies Bill in September, he would have seen that Mr Gould had said:

“The marking of yes or no on a referendum ballot is much easier to understand and carry out than the requirements of marking an STV ballot”—

a ballot under the single transferable vote. He also said:

“I do not believe that the same factors which led to voter confusion and the large number of rejected ballots at the last Scottish Parliamentary and Municipal elections would arise if both the Parliamentary Election and the Referendum were held on the same date.”