Scotland Bill

Lord McAvoy Excerpts

Tuesday 8th December 2015 Lords Chamber

There is a problem and I accept the point that this is not the Bill on which to start engaging in significant but piecemeal change. But this gives us an opportunity to stand back, recognise the problems and think through the consequences, which we are very bad at doing. I accept that the ideal would be to look at all the problems in the round and how they relate to one another, and stop doing things in this rather piecemeal basis.

[Lord McAvoy (Lab)]

My Lords, I thank my noble friend Lord Foulkes of Cumnock for bringing this forward. I cannot help but make the point that it is a pity that we are dealing with this at this time of night and that noble Lords are curtailing their contributions in this most significant period of the evening. Quite frankly, we have been treated to two or three hours of negativity and continual attacks on the Bill and the Ministers bringing forward the Bill, and it is refreshing to have an extremely positive contribution from my noble friend to address a problem—and there is a problem.

Saying that there is a one-party state is overstating it, but we miss the experience of having Scottish nationalist party Members in this House contributing to this debate. It is mirrored in some ways in the Scottish Parliament where the committee system was supposed to balance things. However, I understand that one party controls the committee chairs and members of committees. They are not operating as a check and balance on the Executive. That is to be regretted.

My noble friend Lord Foulkes has no great expectation —although you never know—of this amendment being incorporated into the Bill, but he has sparked a debate about a real issue that we need to address, which the people of Scotland, the Scottish nationalist party and the other Scottish political parties have to look at as well. I take the point from the noble Lord, Lord Forsyth, that this is probably not the Bill to do that in, but by moving the amendment my noble friend has raised the issue, highlighted it and received some very thoughtful contributions from noble Lords. They had elements of negativity, but they nevertheless addressed the problem. I will not mention anyone in particular who has been negative all night, but he knows who is.

My noble friend has done us all a service by bringing this forward. The details are in the amendment and noble Lords will understand the amount of work that has been put in by my noble friend in assembling it. It is a first-class amendment and we are not opposed to it. We congratulate our noble friend on bringing it forward and hope that it sparks a debate not just in this Chamber but with our Scottish National Party colleagues in Scotland so that they can turn their mind to this. That would be the real bonus to come from my noble friend’s contribution. If we can spark a debate in Scotland so that the situation is looked at, my noble friend will have done a commendable service. I therefore appeal to our colleagues in Scotland to give this proposal particular attention.

We can be proud of the example we set. Most of us here, although not all, are determined not to destroy the place by what could be called irresponsible behaviour. Most of us are committed to the positive side of this House and the revising job that it does. I would like to see something like that in Scotland and I hope that we can take our Scottish National Party colleagues along with us. I think that the people of Scotland would be better served by that. I close by again thanking my noble friend for his extremely thoughtful contribution.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

As the noble Lord, Lord Foulkes, might appreciate, I am increasingly conscious that the robust scrutiny of this Chamber could be seen as an elegant example of how a second Chamber can operate. Be that as it may, the proposal he has put forward by way of his amendment is not a reflection of what was contained in the Smith commission agreement. The establishment of a second Chamber did not feature. However, as noble Lords will be aware, the noble Lord, Lord Smith, in his personal recommendations observed that the transfer of these substantial new powers would mean that the Scottish Parliament’s oversight of the Scottish Government would need to be strengthened. I recognise the noble Lord’s desire to see that the exercise of these substantial new powers should be properly and effectively scrutinised.

This Government fully endorse the recommendation made by the noble Lord, Lord Smith, that the Scottish Parliament’s oversight of the Scottish Government needs to be strengthened, but as the noble Lord set out, it is in the first instance the responsibility of the Presiding Officer and the Scottish Parliament to take forward this important work. I thank the noble Lord, Lord Foulkes, for his contribution to this debate and for putting before us what was noted by the noble Lord, Lord McAvoy, to be a real issue. Nevertheless, I say on behalf of the Government that this is not the place for such an amendment. This is not a place to bring in such a proposal when it was not addressed in the Smith commission agreement, and I therefore invite the noble Lord to withdraw his amendment.

--- Later in debate ---

[Lord Sanderson of Bowden (Con)]

My Lords, I, too, support the noble Earl’s amendment but I agree that it does not go nearly far enough. At Second Reading, as the Minister knows, I took a particular interest in scrutiny. When we come to the financial part of the Bill, scrutiny is going to be even more important.

The Office for Budget Responsibility has done a tremendous job in the United Kingdom since our Government brought it into being. That cannot be allowed to fail when we get to the terms of what goes on in Scotland. What we must see in Scotland is a similar fiscal commissioner, or whatever you like to call it, but if it does not work closely with the Office for Budget Responsibility it is not going to carry much weight at all.

Those of us who are very concerned about the financial provisions of this settlement will be really very interested to see how the Government are going to get agreement with the Scottish Government on this vital issue. While I support very much the terms of what the noble Earl is proposing, it does not go nearly far enough.

[Lord McAvoy]

My Lords, I, too, thank the noble Earl and congratulate him on his amendment. I will be relatively brief as well. We support much of what is suggested, other than proposed new paragraph (2)(d), as we do not believe that the “appropriateness” of devolution needs to be reviewed. We will be proposing similar arrangements with regard to the transfer of the welfare provisions, so the amendment is extremely useful.

I think the noble Earl would accept that such arrangements are founded on mutual respect and co-operation between the two Governments. We all have to be careful with the sensitivity of language but we cannot have it portrayed—I know the noble Earl has not done this—as Westminster talking down to Holyrood. But conducted in an atmosphere of co-operation, friendship and mutual respect, I think there can be a great service done to the Scottish people and the rest of the United Kingdom.

[Lord Keen of Elie]

My Lords, I am obliged to the noble Earl for putting forward this amendment. As your Lordships are aware, the matter of intergovernmental working was addressed by the noble Lord, Lord Smith, in his introduction to the Smith commission agreement, in which he emphasised its importance in achieving the aims of devolution.

A considerable degree of very positive co-operation between the Scottish and United Kingdom institutions takes place on a daily basis, from routine dialogue on matters such as planning for civil contingencies to supporting business and exports. It would be difficult to report on each and every one of these interactions. Nevertheless, it is important to recognise that they should be as transparent as possible.

Specific steps have been taken recently in encouraging more regular collaboration between the United Kingdom and Scottish Governments in areas of joint interest. One example of such work is the cross-Administration “Devolution and You” Civil Service capability campaign, which the Cabinet Secretary launched in June 2015. In addition, there is now the Joint Ministerial Working Group on Welfare, which was established to provide a forum for discussion and decision-making on implementation of the welfare-related aspects of the Smith commission agreement.

I also welcome the work of the Constitution Committee on behalf of this Chamber and note its recommendations regarding increased cross-parliamentary scrutiny of intergovernmental relations. This was also recommended by the Scottish Parliament’s Devolution (Further Powers) Committee. It will be important to see how Parliament responds to these recommendations. Furthermore, my noble friend Lord Dunlop set out during Second Reading details of how we are working with the three devolved Administrations to review intergovernmental arrangements and ensure effective working relationships with those Administrations.

There is a concern that a statutory duty to report on these interactions could prove burdensome and might prove unnecessary. However, we—the Government —are happy to take away and consider what the noble Earl has suggested, and explore how we may incorporate these suggestions into the work which is going on with regard to intergovernmental relations. I would be happy to discuss this with him. However, having regard to the present terms of the Bill and the comments that have been made, I invite my noble friend to withdraw this amendment.

--- Later in debate ---

[Lord McAvoy]

My Lords, on this occasion we cannot support the proposal in the amendment of the noble Lord, Lord Forsyth. Elections to the Scottish Parliament will not be able to be held on the same day as the UK general election or a European parliamentary election. Under the Scotland Act 1998, an election must take place on the first Thursday in May in the fourth calendar year. However, Scottish elections are fully devolved matters. When elections are held is a decision for the Scottish Government, other than the restrictions I highlighted. Unfortunately for the noble Lord—

[Lord Forsyth of Drumlean]

Is the noble Lord really saying that it could possibly be acceptable for a devolved legislature, perhaps dominated by one party, to have the power, having won an election, to decide that the next election would not be for seven years? That would be a completely unacceptable use of the powers of a devolved Administration. Why is he so opposed to having an amendment to the legislation to eliminate that possibility?

[Lord McAvoy]

My Lords, when you have devolution, you have devolution. The noble Lord poses a potential situation that is totally unrealistic. I do not think it would happen. Any behaviour like that from a devolved Assembly anywhere in the United Kingdom would be punished by that electorate. Devolution is devolution. I do not want to get contentious at this time of night but I think the noble Lord’s attitude is coloured by a continuing non-acceptance of the principle of devolution. You cannot devolve power and then try to dictate to that Parliament what to do—it is not feasible. I do not see it happening anywhere in the United Kingdom, through any devolved Assembly.

[Lord Forsyth of Drumlean]

The noble Lord will recall that we already extended the life of the Scottish Parliament from four to five years, I think on one or even two occasions.

[Lord McAvoy]

I really do not think that is a fair comparison.