Scotland Bill

Lord Pearson of Rannoch Excerpts

Monday 26th March 2012 Lords Chamber

On international obligations, we were neutral on the inclusion of the original clause. We were not wholly convinced that it was necessary, although we accepted that it was a potentially useful measure, and for that reason we did not seek to oppose it being part of the Bill. We think that the Government have won important assurances from the Scottish Ministers that they will work with the Government to ensure that the United Kingdom continues at all times to implement international obligations. We note, too, that if there is a failure to implement such obligations, the Government may use their existing powers under Section 58(2) of the Scotland Act to direct Scottish Ministers appropriately. Accordingly, we support the amendments moved by the Government.

[Lord Pearson of Rannoch]

My Lords, before the noble and learned Lord sits down, perhaps I could associate myself with his earlier remarks. I regret that I have not taken part in the proceedings on this Bill until now. I was not sure whether or not I should declare an interest as someone who spends most of the year in Scotland. Now that I have worked it out that I do not, I feel free to join in.

My specific question follows what the noble and learned Lord, Lord Boyd, said. Our Companion requires that there should be 14 days between Committee and Report. On this occasion, there has been one working day, which was a Thursday. I have never formed part of the usual channels—and never will—so can the Minister explain to your Lordships how this decision has taken place at this stage of this hugely important Bill to the Scottish people, who have not been consulted about it at all?

No one has told the Scottish people that this Bill is going to result in them paying more tax in future, and no one has asked them. All we are being told is that the manifestos said that the Calman commission results were going to be taken seriously, but no one knew at the time of the election that this was going to be the outcome. I am sure that the Minister is not personally responsible but I ask him to explain to us how and why this decision was taken, in view of the enormous importance of these matters to the Scottish people.

[Lord Wallace of Tankerness]

My Lords, I thank noble Lords who have taken part in this debate. I heard the stringent comments of the noble and learned Lord, Lord Boyd of Duncansby, echoed by the noble Lord, Lord Pearson of Rannoch. I am sure that they will be noted. Having had experience of the House of Commons, the Scottish Parliament and your Lordships’ House, if there is a thread that links these three experiences it is that the usual channels have currents and depths that I have rarely, if ever, been able to fathom.

--- Later in debate ---

[Lord Pearson of Rannoch]

Is the noble and learned Lord aware that there is no way, under European treaties, that a country can be forced to pay a European Union fine?

[Lord Wallace of Tankerness]

My Lords, I am not going to embark on a lengthy debate on the pros and cons of the European Union. As the noble Lord, Lord Empey, said—as did many noble Lords who have contributed to this debate—the problem is that if a student comes from Scunthorpe they are charged a fee; if they come from Bratislava they are not. I am certainly prepared to look at whether that European Union problem can be addressed, but I do not to wish to raise any expectation or hope that it can be. It is a piece of legislation that is very firmly in the European Union rules and directives. The Scottish Government have indicated they want to examine it and I am sure we would be prepared to examine it along with them, but I say that without offering a hope that it is likely to be changed.

My noble friend clearly indicated that his preference would be for Scottish universities not to charge students from any part of the United Kingdom. It is our view that that would not be financially sustainable. My noble friend suggested that it would be £24 million in the first year, but of course as one year succeeded another that would be a cumulative amount. The United Kingdom Government have come to the decision that in order to guarantee the long-term financial stability of universities, it is necessary to require students to make a greater contribution to the cost of their higher education. It would be unreasonable and unrealistic to expect the Scottish Government to fund free higher education for students from all parts of the United Kingdom, and in the long term it would be damaging to Scottish universities and their ability to compete with other universities in the UK and worldwide, which potentially have much greater financial resources available to them.