Scotland: Meeting with New First Minister

Lord Bruce of Bennachie Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Offord of Garvel (Con)]

It is an interesting quirk of history brought up by the noble Lord, but it demonstrates the diversity of this country and the great strength that we have. We must again congratulate Humza Yousaf on being the first Muslim First Minister of Scotland.

[Lord Bruce of Bennachie (LD)]

I think everybody would hope that the relationship between the UK and Scottish Government could be constructive and I congratulate Humza Yousaf. I understand that there has been a courteous exchange between him and the Prime Minister. Would not it be helpful if both the UK and Scottish Governments acknowledged that their nationalist ideologies have proved deeply divisive in the UK and Scotland respectively, and that what people actually want are Governments who will focus on the crisis that they have created in the cost of living, energy, the health service and education? What we want is government for the people and no more nationalist ideology.

[Lord Offord of Garvel (Con)]

The noble Lord is right to call on the Scottish Government to focus on the people’s priorities. That came across very strongly in the SNP election, where it turned out that, as far as audiences are concerned, independence is way down their list of priorities. In fact, Kate Forbes, who had 48% of the vote, made it clear that continuity would not cut it. She acknowledged that the UK position is that there is no sustained majority for independence in Scotland. It was therefore rather disappointing, I have to say, to hear that in the first exchange between the First Minister and the Prime Minister yet again Section 30 was brought up. It is old tapes that we do not need to hear again. The Supreme Court has already opined on it and the UK Government’s position will not change.

Scottish Government: Ultra Vires Expenditure

Lord Bruce of Bennachie Excerpts

Thursday 9th March 2023 Lords Chamber

[Lord Offord of Garvel (Con)]

My noble friend is correct to point out this recent development, and the police have now indicated that they are taking evidence from witnesses under caution. That procedure needs to be allowed to run its course. The wheels of justice grind slowly, but hopefully they grind fine.

[Lord Bruce of Bennachie (LD)]

My Lords, it may be reasonable for the Scottish Government to have overseas representations to promote trade, investment and tourism, but is it not worth reminding them and indeed the wider Scottish public that the UK has an extensive network of high commissions, embassies and consulates which do exactly that for all regions of the UK, including Scotland, and all the citizens of the UK? Are the Government satisfied that, when Scottish Ministers are abroad and they avail themselves of UK diplomatic facilities, they do not do so to promote separatism and the disintegration of the United Kingdom, a role for which they have no legitimacy?

[Lord Offord of Garvel (Con)]

Yes, foreign affairs are a reserved matter under Schedule 5 to the Scotland Act 1998 and are therefore the sole responsibility of the UK Government and UK Parliament. However, the Scottish Government and other devolved Administrations are entitled to conduct some international activity in support of their own devolved responsibilities, such as promotion of cultural exchanges and events, which they often do within the embassy network we have throughout the world. The Scotland Act is clear that foreign affairs are outside the competence of the Scottish Government and therefore they cannot and should not encroach into matters such as separatism or the constitution. We are aware that they have been doing that in recent times. As I just reported to the noble Lord, Lord Foulkes, the Secretary of State for Scotland has met with the Foreign Secretary and that will be very closely monitored in future.

Scotland Act 1998: Section 35 Power

Lord Bruce of Bennachie Excerpts

Wednesday 18th January 2023 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

My Lords, in politics there are those issues about which we should, and do, fight hammer and tongs across these Dispatch Boxes and in the other place—issues of taxation, health, Brexit, schools or foreign policy. Gender recognition and the rights of trans people does not have to be one of those hot-button issues. I am afraid that watching the exchanges in the Commons yesterday will delight those who seek to use this issue as a political football. Sure, there is disagreement, but disagreeing well, with respect, is what is needed. What we have, far too often, is denigration, name-calling and attempts to shut down or silence others.

It has been obvious for a very long time that the Scottish and UK Governments just cannot and will not work together, and this latest stand-off is not going to resolve anything. The shadow Secretary of State, Ian Murray, reminded us yesterday that Donald Dewar, the father of devolution, designed Section 35 to protect devolution. It was intended as an enabling mechanism, allowing the Scottish Parliament to pass legislation on devolved competences without changing reserved functions. That was the point of it. The memorandum of understanding that was agreed in response to concerns that Section 35 could be used as a veto was clear. It stated that Section 35 should be used as a “last resort” and that the UK Government and the Scottish Government should

“aim to resolve any difficulties through discussion”.

Have they? The Secretary of State did not have extensive enough discussions with the Scottish Government before taking this action.

Section 35 has never been needed before, not in a quarter of a century of devolution, despite many disagreements, because, in the end, Governments have known that it is their duty to work together. But now, on this of all subjects, the Scottish and UK Governments have decided to make sure that they are in conflict with one another. The SNP Government in Edinburgh are determined to break devolution; UK Ministers are just not interested in it and are prepared to weaponise it. In the end, it is the public who lose out: trans people suffering devastating discrimination, and women’s groups who want their concerns addressed, are put in the middle while a constitutional fight rages on and on. How is it that the Secretary of State can say that there is a version of the GRR Act that the UK Government could support but then not share an outline of what that Act could look like? Perhaps the Minister will do so this evening.

Extensive and clear guidance will need to be issued—of course it will—if the Act is ever going to be implemented, which the Scottish Government say should be provided by the EHRC. Ministers could instruct the EHRC to provide the guidance; why is this not happening? If they genuinely wanted to be helpful and resolve this, Ministers could publish guidance on how the GRR Act would interact with the Equality Act 2010; is this going to happen? The publication of legal advice—I accept that this would be unusual—would assist those who want to see the situation resolved and who want to build trust. Transparency could demonstrate the good intentions that the Government say they are acting on. Will they consider this, in this unique situation?

The Labour Party is proud to be the party of the Equality Act—unlike the Government, I am afraid, who used to laugh at the Act, even though they now rely on it so heavily. Ministers have claimed that they want to protect women and girls, but if the UK Government care so much about this, will the Minister explain why female homicide is skyrocketing and rape convictions have plummeted under their leadership?

We support the principle of updating the Gender Recognition Act; when it was introduced, in 2004, it was world-leading, but it now requires modernisation. But to put this as simply as I can, if there is no discussion about a way forward, this Bill will fall, without any resolution of the issues or any modernisation of the GRA, and those who want to see it fail on issues of substance will not succeed in resolving anything either. This debate will rage on and on, with more vitriol, more anger and less respect, less care and less understanding. Surely the Government can do better than that.

[Lord Bruce of Bennachie (LD)]

Will the Minister accept—I think he has to—that it was a very controversial decision to use this power for the first time since devolution, especially, as the noble Baroness, Lady Chapman, has said, when the Government lack trust in many quarters regarding their respect for devolution? It has generated a predictable response from the SNP, which is itself divided on the issue and struggling to find a way forward in its interminable campaign for a second referendum.

Will the Minister confirm, nevertheless, that the Government accept that the passing of the gender recognition Bill falls entirely within the powers of the Scottish Government? The Scottish Parliament is adamant that nothing in the Bill impacts on the UK Equality Act. The UK Government say that they have legal advice to the effect that it does, although some lawyers—not all—see the grounds as thin and not justifying the scale of this action. However, as the First Minister has indicated, it appears that it will inevitably be referred to the Court of Session and thence possibly to the Supreme Court. Are the Government’s legal advisers confident of success?

I agree with the noble Baroness, Lady Chapman, that it is regrettable that trans people are caught in the crossfire of this dispute. I suggest to the Minister that this is a distraction that suits both Governments, because they are failing to deal with the manifold crises we face in the health service, energy, cost of living, education and transport. These are the central issues dominating the worries and concerns of everyone across Scotland and the whole of the UK. They want their Governments to concentrate on finding ways through the perfect storm that they have helped create. This distraction does not address the needs and priorities of anyone in the UK. Trans people do not deserve to be caught in the middle of it.

[The Parliamentary Under-Secretary of State, Scotland Office (Lord Offord of Garvel) (Con)]

My Lords, it is only after very careful consideration that the Secretary of State for Scotland has decided to make an order under Section 35 of the Scotland Act 1998 to prevent the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent. He has considered policy and legal advice and determined that he has reasonable grounds to believe that the Bill would have an adverse impact on the operation of Great Britain-wide equality legislation.

Transgender people deserve our respect, support and understanding. The Secretary of State’s decision is about the consequences of the legislation for the operation of GB-wide equalities protections and other reserved matters. He has therefore concluded that this is the necessary and correct course of action. The decision has not been taken lightly, as he said repeatedly in the other place yesterday.

The Government would prefer not to be in this situation. We do all we can to respect the devolution settlement and resolve disputes. This is the first time that the Section 35 power of the Scotland Act has been used. The Government recognise that this is a significant decision, but Section 35 was included by the Act’s architects to ensure that, in a situation such as this, devolved law and law throughout the United Kingdom can work together effectively.

If the Scottish Government choose to bring an amended Bill back for reconsideration in the Scottish Parliament, we can work together to find a constructive way forward that respects both devolution and the operation of UK Parliament legislation. We have set out the detailed concerns that the UK Government have with the Bill in the Statement published yesterday. We want to work with the Scottish Government to resolve these issues. The EHRC stands ready to help; its ongoing concerns are on the record.

Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023

Lord Bruce of Bennachie Excerpts

Tuesday 17th January 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Scotland Office (Lord Offord of Garvel) (Con)]

I am grateful for the opportunity to debate this order, which was laid on 22 November 2022. It is a result of collaborative working between the two Governments in Scotland. It is made under Section 104 of the Scotland Act 1998, which allows for necessary legislative amendments in consequence of an Act of the Scottish Parliament. Scotland Act orders are a demonstration of devolution in action. I am pleased to say that, although this is my first order, the Scotland Office has taken through over 250 orders since devolution began 25 years ago.

In this case, the order contains amendments to Section 26(1) of the Transport Act 1985 as a consequence of the Transport (Scotland) Act 2019, which I shall refer to as the 2019 Act. This provides new powers to the traffic commissioner to impose public service vehicle licence conditions on operators who fail to discharge obligations imposed on operators under the 2019 Act and the order. The 2019 Act is also a multitopic piece of legislation, designed to deliver a more responsive and sustainable transport system for everyone in Scotland. The 2019 Act makes provision in a range of areas, such as pavement parking, roadworks, workplace parking licensing, smart ticketing, low emission zones, and bus services—the latter three of which are the genesis of this order. It also empowers local authorities and establishes consistent standards in a range of areas to tackle current and future challenges regarding transport in Scotland.

I will now explain the effect the order will have and the provision it will make. It will permit the DVLA and the Joint Air Quality Unit to share vehicle information to relevant Scottish bodies to enable the operation and enforcement of the low emission zones.

The order will make provision updating the enforcement regime for the competition test under Section 37 of the Transport (Scotland) Act 2001, so that it applies to a Scottish local transport authority’s functions relating to bus service improvement partnerships, which will replace the quality partnership model introduced in the 2001 Act. This amended enforcement regime will also apply to the making and varying of ticketing schemes made under the 2001 Act after the amended regime comes into force. The order will also make equivalent provision to that made under part 2 of Schedule 10 to the Transport Act 2000, to apply a bespoke set of rules to certain agreements, decisions and practices made pursuant to bus service improvement partnerships, in place of the Chapter I prohibition under the Competition Act 1998.

Further, the order will make provision to ensure that the rights and protections afforded by the Transfer of Undertakings (Protection of Employment) Regulations —TUPE—will apply to employees who are affected when local services franchising is introduced in an area of Scotland. This includes provision allowing local transport authorities to request certain employee information from bus operators. In connection with that, the order will ensure that pension protection will apply to circumstances that are to be treated as “relevant transfer” for the purposes of TUPE, when local services franchising is introduced in an area of Scotland.

Although certain transport matters are devolved to Scotland, I am pleased to support the important legislation through this Scotland Act order on behalf of the UK Government. I beg to move.

[Lord Bruce of Bennachie (LD)]

My Lords, I am grateful to the Minister for that introduction. I have one or two questions. The order specifically focuses on low emission zones and integrated ticketing, including linking between railways and ferries, about which there is something of an issue in Scotland at the moment.

The reason why we require this is not entirely clear to me. What are the competition issues that require a UK agreement? I am not complaining about it; I want clarification. To put it the other way round: to what extent might there be a diversion within Scotland? Does that require UK Government consent or is it entirely a matter within the devolved responsibility?

To go to the specifics, low emission zones create some degree of controversy, not only in Scotland but elsewhere. I notice from looking at my local press that quite a few people are unhappy about them in Aberdeen and Glasgow. That is not a reason for not doing them; it is probably desirable to do so, but changes such as that mean that traffic going past certain businesses may change to their detriment. Do these issues have to be taken into account or are they just an unfortunate consequence?

On integrated ticketing, ScotRail and most of the ferries are wholly owned by the Scottish Government, although there are private operators, so what is the competition impact of that? Is it on other private operators —alternative forms of transport—which would seem valid to me? From looking at the various briefs, the established practice is clearly that each region and local authority in England has its own rules about this, and it seems that we are just applying the same rules in Scotland. Is that to have consistency across the piece so that, wherever they are in the UK, people can appreciate that the principles behind these will broadly be the same?

I concur with what the Minister said at the beginning. As a strong supporter of devolution—indeed, I would call myself a passionate home ruler—but not of separatism, it is good to see proper working between the two Governments; it is desirable. It would just be good if the Scottish Government could acknowledge that it happens a little more openly and be a bit more constructive about it, because to my mind that is how it should work.

Obviously, reassurance on TUPE—it is about workers’ rights, I guess, and is absolutely a UK matter—is welcome. I happen to be a member of the Common Frameworks Scrutiny Committee. We have been going through all these issues; indeed, the noble Lord opposite has also gone through that process, which has been slow and cumbersome and is a long way short of being complete. We are finding that there should not be difference for difference’s sake. It is good to have standard and agreed practices but divergence should also be allowed to apply. I want some assurance that, in passing this order, we are neither imposing conditions unnecessarily nor preventing diversion where it is necessary. On the basis that the Minister has said that it has been agreed between the two Governments, I assume that there are no outstanding issues of that sort.

[Lord Jones (Lab)]

My Lords, I thank the Minister for his remarks, which were lucid and forthright. Is it the case that the DVLA referred to in paragraph 7.2 of the Explanatory Memorandum is the DVLA at Morriston in Swansea? That is a huge, valued employer in Wales with a marvellous workforce. One does not want a Scottish competitor, if I may say so. It must be securely located in the Principality. Similarly, where is the Joint Air Quality Unit located? Is it a UK unit? Lastly—I want to be brief in this cool Moses Room—there is a reference in paragraph 12.1 of the Explanatory Memorandum to a “Justice Impact Test”. Can the Minister elaborate on what that process is?

Scottish Independence

Lord Bruce of Bennachie Excerpts

Wednesday 7th December 2022 Lords Chamber

[Lord Offord of Garvel (Con)]

The noble Lord should be well aware that Gordon Brown has been on this journey for quite a while; he proposes a federal United Kingdom. But when one of the four nations has 85% of the population and 90% of the wealth and it does not want devolution, you have a problem. So I agree with the noble Lord that devolution did not kill independence stone dead, but I am very clear that the Scottish National Party commands the support of only one-third of the Scottish electorate and therefore it should get on with the job in hand, which is to manage Scotland within the devolution settlement.

[Lord Bruce of Bennachie (LD)]

My Lords, does the Minister recognise that while this document is strong on nationalist rhetoric, it is almost entirely deficient in detail? Does he say that the SNP does not have the capacity to second-guess the outcome of negotiations with either the rest of the UK, the EU or the financial markets, and that it should recognise that Scottish opinion is still divided and what it should be doing is getting on with the job in hand, addressing what matters in the ailing health service and declining education, and end this embarrassing distraction?

[Lord Offord of Garvel (Con)]

The noble Lord is obviously well versed in the Scottish economy and Scottish affairs. I make two observations on the paper, the glossy document. First, as we have come to expect from a Scottish Government with 27 Ministers and 56 press officers, for every policy initiative there is a glossy document and a glitzy, headline-making press release. The problem the Scottish people have, which we have found to our cost, is that actual policy delivery on the ground ranges from non-existent to incompetent. Secondly, any reader of the glossy document will discover four glaring omissions: no explanation of how an independent Scotland would reduce our annual deficit of £24 billion, which is 25% of our annual budget; no explanation of how an independent Scotland would fund this deficit without access to international bond markets through its own currency; no explanation of how an independent Scotland would operate a hard border on the island of Great Britain; and no explanation of how an independent Scotland would access the knowledge economy when the SNP has wrecked our education system.

Scottish Referendum Legislation: Supreme Court Judgement

Lord Bruce of Bennachie Excerpts

Thursday 24th November 2022 Lords Chamber

[Lord Offord of Garvel (Con)]

My noble friend is an eminent former Secretary of State for Scotland and knows his territory well. He will also be aware of the architecture put in place at the time of the 1998 Act, which has been further improved by the 2012 and 2016 settlements. Within that, the UK Government give the Scottish Government the discretion to spend their money on behalf of the Scottish people, and it is down to the Scottish people to give their view on that at the ballot box.

[Lord Bruce of Bennachie (LD)]

My Lords, the outcome of the Supreme Court judgment was predictable end inevitable. It has been a distraction and a complete waste of time and Scottish taxpayers’ money, and I speak with personal affront about that. Will the Minister consider in any future referendum setting out the conditions and criteria by which a referendum would be triggered and conducted, so that people know the circumstances and do not have to suffer this never-ending push? Does he agree that for the SNP to complain about democracy is to forget that they have betrayed the people of Scotland, who have twice voted for devolution and never voted for independence?

[Lord Offord of Garvel (Con)]

The noble Lord, another eminent Scottish politician, is well aware of the circumstances in which they are operating. There is no need to be talking about another referendum. The Supreme Court has made it very clear that there is no avenue for that within the Scottish Government. More importantly, there is no appetite now. When the referendum was held in 2014, there was consensus across both Parliaments, all parties and civil society that the referendum should be held. Some 3.6 million Scots voted, 2 million of whom voted to stay in the UK while 1.6 million voted to leave. That is a decisive result and, given that since that time the SNP has consistently polled only in the region of 1.3 million to 1.4 million votes, it has no more than one-third of the population who want to pursue a separatist agenda, in which case there is no need for us to consider another referendum.

Northern Ireland Protocol Bill

Lord Bruce of Bennachie Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, on 9 November 2019, Boris Johnson stated categorically about his oven-ready EU deal and the protocol:

“There will be no forms, no checks … You will have unfettered access.”


I was covering the Northern Ireland brief for these Benches at that time and I was astonished. I knew that the protocol meant that checks would be needed, and I knew that the Government and the Prime Minister knew. I immediately checked the government website and there it was in black and white: information as to what customs and excise rules would apply, where to find online forms from HMRC, and advice as to whether the extra processing would require the appointment of agents or recruitment of extra staff. That was on that same day that Boris Johnson made that assertion.

It was starkly clear that “Get Brexit Done” was a great electoral slogan for a weary electorate, but at its heart it was, and is, a deliberate deception. Yes, we are no longer a member of the EU, but we are trapped in no man’s land. It was always clear that the border arrangements guaranteed by the Good Friday agreement would be prejudiced by Brexit. Indeed, the Good Friday agreement was predicated on continued UK membership of the EU.

Within the EU, for most practical purposes, the island of Ireland was united with free trade, joint services and an open border. The protocol secures the open border by requiring Northern Ireland to operate within the rules of the EU but, inevitably, with the rest of the UK operating outside the EU, goods travelling between GB and Northern Ireland need to be contained within Northern Ireland and the UK, or to be identified as moving into the EU. This inevitably requires checks. The issue cannot therefore be unfettered access but, through negotiation and a combination of trust and technology, to allow movement and trade with the minimum of cost and bureaucracy.

It appears that some of the ideas behind this Bill point in that direction, but the mood music of hostility and belligerence of recent years has left little room. Like others, I welcome the change of tone in recent days, but if it is just a softening-up for a deal without substantive movement, I doubt it will succeed.

It has been suggested that Brexit was a simple solution by simple people to address a complex problem. In a post-pandemic economy, with soaring inflation and the costs of a European war, to choose to erect significant trade barriers with our principal local market is a self-inflicted harm. Now is surely the time for a little humility from those who led us down this route.

I accept that, currently, there is little appetite to reverse Brexit, although the advantages are minimal and the downside is huge. But there is an expectation of constructive, non-confrontational engagement with our friends and allies—because that is what they are—in the EU to reduce friction, ease trade in goods and services and rebuild trust. The Brexit vote was narrow. Nearly half of those who voted wanted continued membership of the EU. They are surely entitled to expect constructive and friendly relations and practical engagement, especially in Northern Ireland and Scotland where clear majorities voted to remain. This should lead to full participation in Horizon and revisiting Erasmus, which Turing does not come close to in money or practice. It must ensure arrangements to allow for as free access as possible for our creative industries and professional services. This will fall short of the arrangement we enjoyed within the EU, but surely can be better than the current impasse.

We have just witnessed the SNP conference in my home city of Aberdeen. Just as those who campaigned to leave the EU decried everything about the EU and Europe as a justification for their argument, so the SNP loses no opportunity to demonise everything British. Only by leaving the UK, it claims, can Scotland flourish—while being in complete denial of its abysmal failure in every single aspect of its governance of Scotland.

It is abundantly clear that Brexiteers had no clue as to how to move the UK to a better future outside the EU. This is confirmed by the report of our Delegated Powers and Regulatory Reform Committee. It looks like the biggest abuse of executive power since the UK became a constitutional monarchy. The Government want sweeping powers without any indication of how they would use them. So, either they have a comprehensive plan which they do not wish Parliament to see, delete, debate or amend, or they have not the slightest idea of what they are doing—or probably both. That should be a clear warning that to trust Scotland’s destiny to the independence-obsessed and incompetent SNP would be an existential risk. But this Bill will do nothing for the UK’s economy, the unity of the United Kingdom or our standing in the world, and it should be abandoned.

Queen’s Speech

Lord Bruce of Bennachie Excerpts

Thursday 13th May 2021 Lords Chamber

[Lord Bruce of Bennachie (LD) [V]]

My Lords, the opening speech of the noble and learned Lord, Lord Stewart of Dirleton, was somewhat breathtaking in presenting the idea that Brexit has gone like a dream and is without problems and that we are about to see a transformation of our democracy. Indeed, reading the sections of the Queen’s Speech on democracy and the constitution might make you think that there was a reformist agenda—but of course there is nothing of the sort. In reality, the Government want to strengthen the Executive against Parliament and reduce the independence of the courts to adjudicate on the propriety of executive actions. At the same time, they want to suppress participation and fairness in elections by requiring voter ID and by replacing the supplementary vote system for elected mayors with first past the post—an increasingly regressive form of electoral democracy. The Prime Minister then wants to recover the freedom to manipulate the electoral cycle for incumbency benefit by repealing the Fixed-term Parliaments Act, so do not be surprised if this leads to an opportunist election next year on the back of the hoped-for ending of Covid restrictions and the hoped-for bounce-back of the economy.

What is missing is any thoughtful or imaginative consideration of how our democracy can be enriched and how the tensions in Scotland and Northern Ireland—and, to a lesser extent but validly, in Wales—can be addressed. A cavalier, careless Prime Minister has stirred up a crisis that threatens the integrity of the United Kingdom and, what is worse, the English nationalist wing now in control of the Conservative Government frankly do not really care what happens. During the general election, the Prime Minister said that there would be no border in the Irish Sea and that the Northern Ireland protocol would not lead to extra bureaucracy and costs, even though the Government’s own website at the time spelled out the exact opposite—something I repeatedly pointed out in debates in this House. The reality has led to tensions, disorders and threats of violence, and the toppling of the leaders of the two unionist parties. Instead of criticising the deal they signed up to, will Ministers engage constructively with the EU to secure a veterinary agreement that would benefit food producers across the whole of the UK and reduce the problems in the Province? Can the Minister confirm what progress is being made to achieve a practical working veterinary agreement?

Now thrown into the mix is the suggestion that the Government might put a statute of limitation on offences committed during the Troubles, something which is not being called for by anyone in the Province itself. The Government say they will work with all relevant stakeholders, including the parties in Northern Ireland and Westminster, the Irish Government, and civil society, including victims’ groups, as part of this process, but so far there seems little chance of winning them around. So then what? Positively, the proposed reform of the petition of concern is welcome, as far as it goes, but will the Government monitor its working and review it if it proves inadequate, as some fear it will?

To be frank, fairness and justice, facts and the truth are strangers to this Government, which has compromised their capacity to uphold the Good Friday agreement. The polarisation of politics that has plagued Northern Ireland for so long is in danger of being reinforced, although growth in support for Alliance is at least one positive development.

And now Scotland is similarly deeply divided. I have never believed that dislike and resentment of a Tory Government is a valid reason for breaking up our family of nations, but it is a potent fuel. The SNP and its fellow travellers, the Greens, peddle the myth that Scotland’s problems can be resolved only by independence, yet they have no coherent plan for how independence could be achieved and what it would look like. Nor can they have such a plan, because it is not down to Scotland alone but to the rest of the UK and the European Union.

Much worse, this grievance-sustaining, which frankly suits the SNP and the Tories equally, paralyses decision-making and sucks oxygen out of tackling the wide range of problems we face in Scotland today which are within the responsibility and power of the Scottish Government to address. But the SNP do not want to do it, because it would ruffle feathers and reveal the paucity of talent and vision behind the bluster of demanding indyref2.

Scotland’s NHS has been squeezed, year on year, by the SNP Government to the point where spending per head could soon lag behind England, yet there is a huge backlog of non-Covid cases to address and a mental health crisis. Intervention in the economy has been an embarrassing disaster, with failures over ferries, airports, aluminium smelters, fabrication yards and the investment bank. Practical skills training has been undermined by cuts to college places, and more and more Scottish university students are paying tuition fees in England because places for Scottish-domiciled students are capped by the SNP Government. Secondary school pupils have been let down by a curriculum and examination regime that was conspicuously failing before the pandemic and has now collapsed, with no solution in sight.

These issues, plus the worst rate of drug deaths in Europe and poverty and deprivation at its worst in the First Minister’s own constituency, are deprived of oxygen and light by the distraction of a bare-knuckle clash between the SNP and the Tories. Whichever way you look at it, to suggest that a country recovering from a pandemic and a botched Brexit agreement should launch itself into convulsions over independence is disastrous, irresponsible and negligent.

This is especially true when the depth and even distribution of division is so apparent. The country is literally split down the middle on the issue. This is no basis on which to build a new nation under any conditions, but under the present circumstances, it is just reckless. After 14 years, the SNP has a stranglehold on nearly all the levers in Scotland. It is pretty near a one-party state. As a result, it is able to use all the instruments at its disposal to spread disinformation. This involves two parallel strategies. The first is to distract attention from the miserable failure of the SNP Government in building a stronger and more cohesive society, and the second is to ignore or discredit the benefits of being part of the United Kingdom.

Many may be persuaded that there could be a quick move to independence which will somehow realise a dream of prosperity and the resolution of all our problems. Yet ask people how they will feel if their pensions and mortgages are paid in an untested Scottish currency, backed by an as yet non-existent central bank, and enthusiasm might be dimmed. It will wane further if people realise that there is no quick way back into the EU, and, even if it were eventually achieved, it would mean a hard border with the rest of the UK, where most of Scotland’s goods and services go and where many of our family and friends live.

I am proud to be Scottish and British. I know, regardless of my opposition to this Government, that the development, procurement and rollout of vaccines is a striking and visible example of the benefits of the United Kingdom. So when Nicola Sturgeon says that Scotland could have achieved comparable vaccine progress as an independent country, she is not only deluded but deliberately seeking to deceive. You have only to look at the challenges facing, for example, Ireland and Canada to see that.

Support for the Scottish economy through Treasury-funded furlough; self-employed income support—not enough, but welcome—supporting more than 1.3 million jobs; £3.4 billion extra through Barnett, although not all of it passed on; and VAT cuts for hospitality: all of this is glossed over or suppressed by Scottish Ministers. When challenged, they claim, disingenuously, that they could have funded it as it is “our money”, suggesting, in defiance of the facts, that Scotland subsidises the rest of the UK. When it is pointed out that their own analysis shows that the Scottish deficit is significantly greater than the UK’s, they either lie or bluster that an independent Scotland, free of the shackles of the UK, would soar into the stratosphere of prosperity and untold wealth.

However, and nevertheless, the strength of support for the SNP and the Green nationalists has to be acknowledged and addressed. Countering misinformation is legitimate and necessary, and making the UK Government more visible in the devolved Administrations is also a good thing. But simply dismissing the result and patronising the devolved areas will only add fuel to the flames. We need a vision to reach beyond this and look for a solution that combines to deliver the best of devolution and the best of the benefits of UK-wide co-operation. It requires the Government to reach out and engage with other parties and organisations that support the continuation of the United Kingdom but want to make it work better. They should listen to calm voices in their own ranks, such as the noble Lord, Lord Dunlop, they should take Gordon Brown seriously, and they should recognise the thoughtful ideas set out by my noble friend Lord Campbell of Pittenweem.

Perhaps this would lead to a federal solution, which some argue is not possible because of the imbalance between England and the devolved areas. However, there is evidently a desire for a voice for the English regions, which a battle over the red wall cannot satisfy, but which could help for a more balanced political settlement. It could end up being a uniquely British, quasi-federal outcome, embedding the devolution settlements, structuring the mechanism for co-operation across the UK and unlocking the voice of the English regions.

The Government say that first past the post enables voters to kick out unpopular politicians, but of course, in reality, it enables a minority, such as the current Conservative Party, to secure an overwhelming majority and brook no opposition. The Scottish electoral system has a proportional dimension, but the SNP dominance is down to the tactical squeeze of first past the post and the successful gaming of the proportional system by the Greens. A reformed constitution in which all elections are conducted by a fair voting system, and this House, the House of Lords, reformed to be similarly elected but also to reflect the voice of the nations and English regions, would represent the imaginative reform that would make our democracy fit for purpose and would perhaps re-engage voters in the excitement of actually being listened to and being able to influence and shape the debate in the United Kingdom. But under this Government, do not hold your breath, my Lords.

Northern Ireland Act 1998 (Section 75 —Designation of Public Authority) Order 2020

Lord Bruce of Bennachie Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Bruce of Bennachie (LD) [V]]

My Lords, I fully support the campaign of the noble Lord, Lord Hain, which he has doggedly pursued, and I certainly agree with everything he says. However, I do wish to address the issue of the IMA and this order. The order must be supported because it ensures that the IMA’s operation within Northern Ireland will be not only in accordance with the law and the previous legislation applying to Northern Ireland but focused on ensuring equality for European citizens’ rights. In that context, I will, of course, support it.

However, I would like to ask the Minister a few questions about the IMA and how genuinely independent it is. Looking at the legislation and the schedule, one sees that the chair and board of the IMA are appointed by the Secretary of State and can be removed by the Secretary of State. The grounds for removal identified in the schedule are fairly broad and give quite a lot of discretion to the Secretary of State. It is also stated in the schedule that, although the devolved Administrations need to be consulted about those executive directors who have particular responsibility for each of the devolved Administrations—that includes Gibraltar—the Secretary of State may not accept their recommendation, may appoint without their approval and has to give an explanation only, but no redress.

Elsewhere in the schedule, it says that the functions of the IMA can be transferred to another body by the Secretary of State, its functions can be removed by the Secretary of State and the IMA can be abolished by the Secretary of State. In the internal operation of the IMA itself, the IMA may decline an inquiry; that may be a fair discretion, but it is able—even when the grounds for such an inquiry have been demonstrated—to decline to pursue it. There is concern that, with the significant power of the Secretary of State, pressure may be brought to bear subliminally in ways which would compromise the independence of the IMA. I would be grateful if the Minister could give categorical assurances of that independence and address those questions.

On a more practical basis, I welcome the fact that the chief executive has been appointed, the location in Swansea has been confirmed and the recruitment of the other directors and staff is under way. Can the Minister give us an indication of when the directors will be appointed and, in the specifics for the devolved Administrations, how soon each of those will be in place?

Finally, because it clearly says that the Secretary of State may abolish the IMA, can the Minister give an indication of how long the Government think that this authority will be required? Is the IMA permanent—I note that the chair is appointed for five years—or do the Government envisage that it will have a timeframe, beyond which it will no longer function? It seems to me that all of these questions need to be answered to ensure that there is confidence in the genuine independence and freedom of action of the IMA, and its ability to stand up for citizens’ rights, challenge the Government and not be threatened with premature downgrading or abolition. I would be grateful if the Minister could answer those questions.

Northern Ireland (Executive Formation etc.) Bill

Lord Bruce of Bennachie Excerpts

Ping Pong (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Lord Empey (UUP)]

My Lords, it is hard to believe we are discussing the Bill on our agenda, which is the Northern Ireland (Executive Formation) Bill. It seems to have been omitted from people’s minds. I am sure noble Lords have read the debate in the House of Commons last Thursday in Hansard. The House of Commons devoted one hour to all the amendments passed in this House and the other clauses in the Bill. Apart from passing references and signals of annoyance from Northern Ireland Members, the amendments and substantive issues dealt with in the Bill and added to it were not even referred to.

I hope I am wrong, but the indications I have are that the unintended consequences from the initial Commons amendments to the Bill will make the formation of an Executive more difficult. That greatly saddens me. I hope I am wrong and that the parties surprise us and produce something that we all welcome. However, on paper, and from looking at social media and other comments, it seems we have created the most ridiculous position we could possibly have imagined. One of the red lines of Sinn Féin, which has been holding back an Executive, is to ensure abortion and same-sex marriage are applied in Northern Ireland. Leaving aside the nitty-gritty of that argument, we have contrived to ensure with the Bill that, should an Executive be formed, those two propositions will not take effect. That is what we have done: we have put an obstacle in the way of agreement. I do not believe for one minute that the proposers of the original amendments in the House of Commons had that as their intention. They were trying to regularise the legislation which, incidentally, they have signally failed to do, because the proposals in the Bill now are not the same as those that apply to the rest of the United Kingdom.

Leaving that to one side, this is the first time I have seen what should have been straightforward legislation completely distorted, in a way that not only makes the objective of the legislation more difficult, but has added matters that will cause us trouble in the future. I do not want to see us leaving the European Union with no deal. I am long enough in the tooth to know the implications of that but, if we as a country are serious about negotiating an agreement with our EU partners, we have no idea how to go about it.

[Lord Bruce of Bennachie (LD)]

My Lords, on same-sex marriage and abortion, the reality is that this House was implementing the express will of the Commons and improving the workability of those amendments. This issue has come from the Commons in response to an amendment that we passed back to them. I echo the noble Baroness in saying that to suggest that this has nothing to do with the people of Northern Ireland could not be further from the truth. A no-deal Brexit would be disastrous for Britain and catastrophic for Ireland, so we have every reason to support the amendment and reject the Minister’s amendment to it.

[Lord Green of Deddington (CB)]

My Lords, what lies behind this issue is whether a future Prime Minister will have a credible threat of no deal. I do not want no deal, but I believe that, unless he has that threat, he will do no better than his predecessor.