Scotland Bill

Debate between Lord Selkirk of Douglas and Lord Wallace of Tankerness

Monday 21st March 2016 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, like the noble and learned Lord, Lord McCluskey, I thought that the remarks made by the noble Lord, Lord Dunlop, in replying to the last amendment, when he thanked everybody, were more suitable for the Bill do now pass debate. However, although I did not take part in that discussion, I would not wish in any way to lessen the appreciation I express on behalf of my colleagues to those who have helped to get the Bill to its present state, not least the Bill team, with some of whom I have worked in the past and know of their exceptional quality and hard work. I particularly thank the Minister, who with his customary courtesy has gone out of his way to meet us, engage with us and discuss issues with us—regrettably, not always to any effect from my point of view, but no doubt from his point of view it has been very effective. That is very much appreciated.

Aspects of this process have not been at all satisfactory. The short period that we had in which to look at the fiscal framework was not satisfactory. The Bill could be in a better state than it is and perhaps more favourably reflect the spirit of the Smith commission. The House has not done much to respect, or even give proper consideration to, the points made by the Scottish Parliament’s committee that looked at the Bill. Those are matters of regret and do not augur well for having mutual respect and trying to improve the relationships between the institutions of the Westminster and Scottish Parliaments. But that is where we are.

This amendment addresses the Barnett formula. The Minister referred to the vow in his wind-up speech. I happen to believe that the referendum was won in spite of rather than because of it. However, it is important that we celebrate the fact that we won the referendum and are not facing independence day on Thursday of this week, with one dreads to think what consequences.

I note that, when I stood where the Minister stands now, the most difficult question I ever had to answer in one of these debates came from the noble Lord, Lord Turnbull, who referred to the vow. It says:

“We agree that the UK exists to ensure opportunity and security for all by sharing our resources equitably across all four nations to secure the defence, prosperity and welfare of every citizen”.

It goes on to refer to the,

“continuation of the Barnett allocation for resources”.

I was asked how I could square the equitable sharing of resources with the continuation of the Barnett formula. I struggled to find an answer. I will allow the Minister to find his.

[Lord Selkirk of Douglas (Con)]

My Lords, when the Calman commission sat, the most important principles that it was trying to support were equity and accountability; this echoes what the noble and learned Lord has just said. I remind the House that on 7 September 2004, the day the Scottish Parliament opened at Holyrood, the Reverend Charles Robertson, minister of the Canongate church, was first to speak during the regular time for reflection. He reminded us of the previous uses of the site for the newly-built Parliament. It had been a house of refuge, a soup kitchen for the destitute and Scotland’s largest independent geriatric hospital, not to mention the site of a profusion of well-known and much-loved breweries. Given this history, it is perhaps not surprising that, on that day, the then First Minister, the noble Lord, Lord McConnell, urged MSPs to “raise their game”.

This legislation—the amendment relates to the heart of it—will bring about major changes in the powers and competence of the Scottish Parliament as, for the first time, the majority of funds that the Scottish Government spend will come from revenues raised in Scotland. When the prevailing philosophy has been a culture of spend, spend, spend, popularity is relatively easily won. That will now change as tough decisions will have to be made on how services will be financed.

There seems to be some uncertainty about who observed:

“With great power comes great responsibility”.

Some attribute it to Voltaire. In a debate in the other place in 1817, William Lamb, later Prime Minister Lord Melbourne, made an exhortation to the press. He begged leave to remind them of their,

“duty to apply to themselves a maxim which they never neglected to urge on the consideration of government—‘that the possession of great power necessarily implies great responsibility’”.—[Official Report, Commons, 27/6/1817; col. 1227.]

Similarly, on the same subject, Prime Minister Sir Winston Churchill said:

“The price of greatness is responsibility”.

What Churchill meant was that anyone who aspires to greatness must also be willing to shoulder the accompanying responsibilities. His advice still holds good today.

Glasgow Helicopter Crash

Debate between Lord Selkirk of Douglas and Lord Wallace of Tankerness

Monday 2nd December 2013 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I note again the point made by the noble Lord with regard to Jim Murphy. I rather suspect that the self-effacing way in which Jim handled the interviews was because he recognised that he was not alone among those who responded to that situation. I cannot, because I do not have the information, go beyond what I said—and what the Secretary of State said when he stood up and made his Statement in the other place—which is that the search of the building continues. I am not aware of the position regarding people who may have been missing and identified. I know some concerns have been expressed by victims, and some frustration. That is totally understandable in the circumstances. Equally, Deputy Chief Constable Fitzpatrick, who has already been referred to, said:

“The uncertainty for the families of those who have died is at the front of our minds … It remains our absolute priority to give clarity to those affected as soon as we are able”.

[Lord Selkirk of Douglas (Con)]

Does the Minister accept that we all wish to be associated with his messages of condolence to the bereaved, and also to those who have been severely injured or injured at all? Can the Minister tell us whether helicopters of this nature possess black boxes, and whether that will be one of the issues to be looked at in the inquiry?

[Lord Wallace of Tankerness]

My Lords, it is the case that this helicopter was not fitted with any cockpit voice recorder, flight data recorder or usage monitoring system. It is important to say that it was not a requirement. Again, it would be wrong for me to speculate on whether that is something that the AAIB will wish to look at in terms of any possible recommendation. I will just make the point at the moment that it was not a requirement for this particular type of helicopter.

Dr David Livingstone

Debate between Lord Selkirk of Douglas and Lord Wallace of Tankerness

Wednesday 27th February 2013 Lords Chamber

[Lord Wallace of Tankerness]

The noble Lord makes a very important point about the contribution that David Livingstone made. There will be commemorations, not least in the service at Westminster Abbey. I am not aware that the Prime Minister will attend, but certainly representatives of the United Kingdom Government and I think of the Scottish Government will attend and we have sought to invite high commissioners and ambassadors in London of countries with which David Livingstone was associated.

[Lord Selkirk of Douglas]

Will the Minister accept that the National Trust has done an extremely good job in conserving David Livingstone’s house in Blantyre, where he was brought up with his family in one room in extreme poverty? One of the moving aspects of his life was that, when he set off, he had only his medical equipment, his Bible and the clothes in which he stood up.

[Lord Wallace of Tankerness]

My Lords, I echo the remarks made by my noble friend Lord Selkirk, particularly in paying tribute to the National Trust for Scotland, which has been very much involved in the David Livingstone 200 partnership and has made an important contribution not only with regard to the house at Blantyre but also with regard to a number of the commemorative events in Scotland.

Scotland Bill

Debate between Lord Selkirk of Douglas and Lord Wallace of Tankerness

Tuesday 28th February 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, Clause 23 gives Scottish Ministers the power to license Scottish doctors to prescribe three controlled drugs—cocaine, diamorphine and dipipanone—for the treatment of addiction. The Calman commission recommended that responsibility for the licensing of controlled substances used in the treatment of addiction should be devolved to Scottish Ministers as part of their responsibility for health and well-being. The UK Government consider that Scottish Ministers are best placed to consider the particular circumstances in Scotland when deciding which doctors should have the authority to prescribe or administer the three controlled drugs used in the treatment of addiction. That relatively narrow devolution is set out in Clause 23.

I am grateful to my noble friend Lord Selkirk for his interest in this clause. As I have indicated, the Government certainly want to ensure that the Scottish Government have the necessary powers and abilities to tackle drug misuse effectively. That is why we have introduced Clause 23. However, it is perhaps important to indicate that while Scottish Ministers can consider the particular circumstances in Scotland when deciding which doctors based in Scotland should assume the responsibility to prescribe or administer specific drugs, they do so pursuant to regulations made under the Misuse of Drugs Act 1971 by the Secretary of State—the Home Secretary.

My noble friend’s amendment would require the Secretary of State to consult the appropriate persons before such regulations were made. The power to make regulations and the responsibility for the form of those regulations is reserved to the Secretary of State. The Secretary of State is already required by statute to consult the Advisory Council on the Misuse of Drugs before making regulations made under the 1971 Act. As a matter of good practice, the Secretary of State will consult key partners, and often the public, before implementing changes to regulations made under the 1971 Act. The Home Office has recently completed a three-month public consultation on proposed changes to, and the consolidation of, the Misuse of Drugs Regulations 2001. I am afraid that I cannot tell my noble friend Lord Maclennan whether NICE was consulted but, as I can ascertain, that would seem to be one of the bodies that might have been consulted. In the context of the consultation, officials from the department met their counterparts from the Scottish Government to discuss the proposals.

The Bill is devolving the licensing function to Scottish Ministers, and they will consult whoever they think appropriate while exercising that function to license doctors in Scotland. The making of the regulations remains reserved to the United Kingdom and the Home Secretary and I respectfully ask my noble friend to withdraw his amendment. I am sure that this point will have been noted by others, not just in the UK Government but by Ministers in the Scottish Government.

[Lord Selkirk of Douglas]

I thank my noble and learned friend Lord Wallace of Tankerness very much for his reassurances and I beg leave to withdraw the amendment.

Crime: Rape

Debate between Lord Selkirk of Douglas and Lord Wallace of Tankerness

Wednesday 16th June 2010 Lords Chamber

[Lord Wallace of Tankerness]

I must confess that I am not overfamiliar with the law in New Zealand. However, as I indicated in an earlier answer, there is a concern, which I am sure is shared on all sides of your Lordships’ House, that we should do more. We ought to find ways to do more to raise the conviction rate. If there is relevant evidence from another jurisdiction that has many similarities to our own, we would be prepared to look at that.

[Lord Selkirk of Douglas]

I congratulate my noble and learned friend on his appointment and wish him every success in it. Will he confirm that methods have been developed in recent years to make the procedures much more sympathetic to women victims, who perhaps have not been treated as well as they should have been in the past, and that every attempt will be made to make sure that they do not have to go through an ordeal which to their mind is almost as bad as what originally happened to them?

[Lord Wallace of Tankerness]

I am very grateful to my noble friend for his kind remarks. Advances have been made. Indeed, in the report to which I referred, the noble Baroness, Lady Stern, stated that attitudes, policies and practice have changed fundamentally and for the better. She reflected on the fact that in England and Wales there is a specialised system for dealing with rape at police, prosecution and judicial levels. However, she also found that practice was not uniformly good across the country. She recommended that there should be more encouragement for those who are displaying good practice, and that, where it is not good, there is certainly considerable room for improvement. Steps are in place to try to ensure that that happens.