Scotland: Fiscal Framework
Lord Stephen Excerpts(8 years, 11 months ago)
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The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
In such circumstances, we have to go with what the House is indicating, which is that it wants to hear from the Lib Dem Front Bench.
Scotland Bill
Lord Stephen Excerpts(8 years, 11 months ago)
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Lord Norton of Louth
My Lords, I signed this amendment, and support it. I want to reinforce what my noble friend Lord Forsyth has said. In a way, this will lead into a much fuller discussion on the next set of amendments looking at the content of the clause. But my noble friend is absolutely right about the heading. Either you have a convention or you have a statutory provision. You cannot have a convention in statute, although that is what the Government are seeking to do. This would remove doubt on that point and I concur completely with what my noble friend has said. We will be coming back to the actual substance in more detail, but I think this is a necessary change to the clause.
Lord Stephen (LD)
My Lords, it is worth giving support to this amendment and pointing out that the original Sewel convention changed over time. In the Scottish Parliament we used to refer to a “Sewel Motion”, but as the convention developed we introduced the term “legislative consent Motion” and dropped the other term. The Sewel convention was also changed and widened, which we will debate in subsequent amendments. It does seem something of an anomaly.
An interesting point is whether a Member of this House can make an amendment to the title of a clause in this way. It is an interesting point which I hope might be commented on by the Minister. In the past, other Members of this House have been told that that would not be appropriate and it would perhaps be possible for the Government to introduce such a change at a later stage. But it is interesting to see that it is on the Marshalled List today and is being debated. I also note that the noble and learned Lord, Lord Mackay, who is very wise on these matters, is nodding his head, so I think there is an issue there that needs to be explored.
Lord Steel of Aikwood (LD)
My Lords, I back up what my noble friend has said. I was in the House when we passed the Scotland Bill and I was never, ever happy with having the Sewel convention translated into law. So I am very glad to support the amendment and it is high time that this was put right.
Lord Stephen
Lord Stephen
My Lords, in moving Amendment 11, I will speak also to Amendments 15 and 16, which are in my name and that of my noble and learned friend Lord Wallace of Tankerness. We have also signed Amendment 14 in the name of the noble Lord, Lord Cormack, which leaves out the word “normally” in Clause 2.
As background, and to develop what I was saying earlier, Amendments 15 and 16 provide for the consent of the Scottish Parliament to be sought in the event of any alteration to,
“the legislative competence of the Scottish Parliament or the executive competence of the Scottish Government”.
I acknowledge the support that has been given by the Law Society of Scotland in terms of the background and the drafting of these amendments, which reflect normal working practice—the normal arrangements that exist currently and have developed, as my noble friend Lord Steel of Aikwood identified, over the period of the existence of the Scottish Parliament; that is, since 1999.
The Sewel convention applies when UK legislation makes provision specifically designed for a devolved purpose. The convention has been agreed in memoranda of understanding and by the House of Commons Procedure Committee, and its practical usage is explained in Devolution Guidance Note 10. DGN10 does not apply to incidental or consequential provisions in relation to a reserved matter. It does apply to draft Bills and Private Members’ Bills. It will also apparently continue to apply to any statutory formulation of the convention. It is significant that DGN10 also requires the consent of the Scottish Parliament in respect of provisions of a Bill before the UK Parliament which would alter the legislative competence of the Scottish Parliament or the executive competence of Scottish Ministers. It seems, however, that Clause 2 would not apply to this latter category of provision so Amendment 16 is intended to remedy that deficiency.
The Secretary of State for Scotland in the other place rejected the arguments in relation to this. When these matters were considered in Committee on 15 June, David Mundell stated:
“On amendments 19 and 20 … as I have said, the Bill adopts the language that formed the basis of the Sewel convention … We have established that the Bill clearly states that the UK Parliament ‘will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.’ That is what the well-established Sewel convention does, and it has been consistently adhered to by successive UK Governments. We have had more than 15 years of good practice of the convention. It has not been breached. In the context of my earlier remarks, I do not accept that it could be. I believe that that current good practice will continue”.—[Official Report, Commons, 15/6/15; col. 107.]
Unfortunately, Clause 2 deals with only part of the Sewel convention—the part declared by Lord Sewel in the Scotland Bill back in 1998—and does not cover the point in DGN10 about changes to the legislative competence of the Parliament or the executive competence of the Scottish Government. This deficiency may indicate that the good practice which the Secretary of State wishes to preserve will not apply to these types of issue. My simple question would be: why leave the doubt?
Amendment 11 would qualify Section 28(7) of the Scotland Act 1998 to allow for the possibility of circumstances where the power of the UK Parliament to make laws for Scotland is constrained. Taken together with Amendments 15 and 16, Amendment 11 would allow the Scottish Parliament to withhold its consent from UK legislation which relates to devolved matters. Yes, that would impinge on the sovereignty of the UK Parliament but, as someone who supports a federal settlement, I have no problem with restricting the sovereignty of this Parliament. For those who support a constitutional convention—there are many around this Chamber—and those who would support a federal settlement arising from this, we all have to recognise that the sovereignty of the UK Parliament would change.
Lord Gordon of Strathblane (Lab)
In the light of what the noble Lord has said, would it not be logical that legislative consent from the Scottish Parliament should have preceded the legislation that the Committee is discussing today? The Bill is, after all, affecting Scotland yet we do not have the legislative consent of the Scottish Parliament in advance.
Lord Stephen
I agree that there is an issue there. I wonder whether the discussions that will take place in coming weeks, and perhaps even months, behind closed doors between the Scottish Government and the UK Government would be greatly assisted if there was a clear statement on the record from the Scottish Parliament that it supported this legislation. While I believe that both Houses will eventually indicate their support for this legislation, it would be helpful to have that clear support on the record now.
A lot has been said today about the monolithic, unassailable sovereignty of the UK Parliament but I ask the Committee to consider this point: the UK Government have introduced a concept called English votes for English laws. Perhaps the Minister would care to comment on this: the Government are pursuing a course whereby legislation passed by the House of Lords and the House of Commons can be vetoed by a subset of the House of Commons, so this Government have already conceded the point of a limitation on the sovereignty of the UK Parliament. If it is sauce for the English goose for elected English MPs to veto legislation for England on devolved matters, it must be sauce for the Scottish gander for properly and democratically elected Members of the Scottish Parliament to be able to veto Westminster legislation affecting Scotland on devolved matters.
Lord Hope of Craighead
My Lords, perhaps it would be helpful for me to speak to my Amendment 12, which in effect restates in combination the points just made in support of Amendments 11, 15 and 16. I will also refer to Amendment 20, which deals with a related issue.
I think I saw that the noble Lord, Lord Lang, was about to rise to his feet and the background to my Amendment 12 is paragraph 38 of the Constitution Committee’s report, which draws attention to problems with the Sewel convention as his committee saw them. One problem was the use of “normally”, which gives rise to doubt as to what exactly that means. There was also the need to clarify the reach of the convention, which was the point just made in support of Amendment 11 and its related amendments. My Amendment 12 puts together in a package the same point that was referred to on those other amendments.
Amendment 20, however, deals with an issue which is closely related to existing practice. It refers to a:
“Duty to consult the Scottish Government on Bills applying to Scotland”.
It says, shortly, that:
“A Minister of the Crown must not introduce a Bill into the Parliament of the United Kingdom … that would make provision applying to Scotland unless a Minister of the Crown has consulted the Scottish Ministers”.
It is intended to reflect what I understand to be the existing practice and to follow on the points made in relation to restating Clause 2 in appropriate statutory language.
I should make it clear, as I did earlier on this afternoon, that the amendments to which I am speaking are in words that were in effect provided for me by the Scottish Government because they were tabled in June this year, in advance of Committee in the House of Commons. But I restate that I do not speak to these amendments on behalf of anybody other than myself; I simply see them as sensible amendments which have merit on their own wording. It is with that in mind that I speak to these two amendments.
Lord Keen of Elie
I am obliged for the contributions that have been made with regard to Clause 2 and the proposed amendments thereto. I shall begin by making an observation on a point made by the noble Lord, Lord Stephen, with regard to English votes. The provision with regard to English votes does not limit the sovereignty of this Parliament in any sense. English votes introduces the principle of English consent for English measures. The new procedures maintain the important principle of Members of Parliament from all parts of the United Kingdom being able to deliberate and vote on all legislation. Members of Parliament are not excluded from the legislative process. I would not accept the proposition that these provisions somehow derogate from the sovereignty of this Parliament.
Lord Stephen
Does the Minister accept that the House of Commons could pass something and the House of Lords could agree with that proposal but it could then be vetoed by the subgroup of the House of Commons who are defined as English Members of Parliament?
Lord Keen of Elie
It may be that further working arrangements will develop as between the two Parliaments with respect to legislation that touches upon devolved matters. However, the provision as expressed in the Bill is simply that as expressed by Lord Sewel at the time the Scotland Act passed through Parliament in 1998. It merely says that while in terms of Section 28 we have the power to legislate for Scotland in all matters, including devolved matters, we will not normally do so.
Lord Stephen
As noble Lords will know, the Liberal Democrats are very supportive of the Bill, but the explanation just given by the Minister of the Sewel convention and the issues around it worries me greatly. From the outset, I say that I strongly support the amendment in the name of the noble Lord, Lord Cormack, which would leave out “normally”. It seems that much of the Minister’s argument about protecting the sovereignty of the UK Parliament hangs on retaining the word “normally”, because that then gives the UK Parliament very wide discretion, as I read it, to legislate, as the Minister explains it, in areas that could include education, transport, housing, health and all the issues that are the very stuff of the Scottish Parliament. If that is the Minister’s intention, that is hugely controversial. I will say no more than that, because I do not want to develop this issue into a major argument on these points.
However, let me be clear. Back in 1998, when the Sewel convention was introduced, it was not in any circumstances with a view to this Parliament stepping in to legislate in the areas of transport, health and education if the Scottish Parliament was to make a mess of it. That was absolutely not the reason why it was introduced. Its wording and the reasons for its introduction are quite clear; they are here in Clause 2, which says that,
“it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament”.
Therefore, even by the Minister’s own explanation, the consent of the Scottish Parliament to legislate in these potentially controversial areas would be required, and it would not happen. There is no way that the Scottish Parliament, in terms of the Sewel Motion as it went back to 1998, would cover legislation in health and education—
Lord Davidson of Glen Clova
I have a feeling that the Committee is going down the wrong line here. The Minister has made it entirely clear that he has been talking about something that would never happen. It is just a logical construct. He is looking into the reality, and the notion that one should feel that somehow the UK Parliament is asserting a power to intervene in the affairs of the Scottish Government is a flight of fancy—it is not real.
Lord Stephen
I will readily grab that escape route, and I thank the noble and learned Lord for that assistance. I hope that that is the case, although much has been repeatedly made of the absolute sovereignty of the UK Parliament. If noble Lords check the record, they will find that the Minister has mentioned it many times.
However, moving away from that issue, I strongly agree with the noble Lord, Lord Norton. You either keep the convention or you enshrine it in statute—I think that the wording from the Smith commission was “put it on a statutory footing”. It was not the Sewel convention of 1998 that was expected to be put on a statutory footing; it was the Sewel convention as it exists today, as the Smith commission knows it and as it has been working in the Scottish Parliament and between the UK Government and the Scottish Government. All aspects of the Sewel convention should be on a statutory footing, not just one narrow aspect that started in 1998 and has now gone. If we were forced to go in that direction, then, as the noble Lord, Lord Norton, pointed out, one tiny but important element of the Sewel convention would be in statute but not all the rest. To me, that would be ridiculous.
As ever, the noble Lord, Lord Forsyth, is logically correct: any Sewel Motions and legislative consent Motions could absolutely be prevented, with everything in devolved areas having to be dealt with by the Scottish Parliament. The UK Parliament—the House of Commons and the House of Lords—would stop legislating in these areas. However, I conclude by saying that the whole process of legislative consent Motions has been accepted and they have been commonplace. Some people have asked how often they have been used. They are used all the time in the Scottish Parliament. There must have been dozens, if not hundreds, of legislative consent Motions. They work well. Why try to stop or change something that has been accepted and works well? Let us simply put it on a statutory footing and get on with it. I beg leave to withdraw the amendment.
Scotland Bill
Lord Stephen Excerpts(8 years, 11 months ago)
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Lord Hope of Craighead
This is one of a group of amendments running through to Amendment 40. Although Amendments 31 and 32 are not in my name, they duplicate ones that are.
This is another group of amendments that I have taken from the group proposed or suggested by the Scottish Ministers in June this year. The interesting feature of these amendments is that they were tabled on 15 June but were either not called or withdrawn. So they were never considered by the other House, and I thought it right to bring them back so that at least they could be considered in this place and not be lost sight of entirely. Their aim is simply to improve the working of Clause 11, which deals with the supermajority system in the event of certain measures coming before the Scottish Parliament. Reading between the lines, I think what has happened is that draftsmen in Edinburgh have worked through the clause, with their knowledge of how the Scottish Parliament works and in the light of provisions in the relevant parts of the Scotland Act 1998, and made suggestions as to how the clauses could be improved.
Because of the lateness of the hour, I do not want to go through the amendments in any detail. However, the first amendment alters the timing of the decision of the Presiding Officer from the decision that the Bill be passed to putting the Motion. There may be some merit in that alteration of timing. In Clause 11(5), two matters are inserted which are reproduced by Amendments 31 and 32, and which are sufficiently important to be included in the list of protected subject matters. I suggest that there is some merit in those. Clause 11(6) inserts passing without a Division as an event which should have the same status as the passing of a Bill by a two-thirds majority. It is conceivable that that could happen, and it is as well to provide for it. If passed without a Division, there would be a consensus that would meet the broad requirements for a supermajority, ensuring that the Presiding Officer would not have to go through the drill of making a statement in that situation as to whether the provision relates to a protected subject matter.
In Clause 11(10) two situations are inserted which, given what appears above, should not trigger a reference. Importantly, a provision is inserted that would enable the Parliament to take the matter back for further consideration, in which event consideration of the issue by the Supreme Court would not be necessary. That type of treatment is already to be found in Section 36 of the Scotland Act, which deals with stages of Bills. Section 36(4) provides that standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if the judicial committee decides that a provision would not be within legislative competence. The same mechanism is thought to be appropriate for the supermajority solution. All these amendments are very technical. I do not think there is any political angle to them. There is simply a desire to improve the working of the Bill and to make sure that this rather complicated provision, which I imagine will very rarely, if ever, be triggered, makes proper sense.
I shall make one brief final comment in relation to the position of the noble Lord, Lord Smith of Kelvin, in relation to this Bill. The noble and learned Lord said, if I understood him correctly, that he was of the view that the terms of the Bill meet the requirements of the Smith commission report. I happened to meet the noble Lord on Sunday, and he said that if that is the impression that Ministers have, he has been misunderstood. His attitude is the attitude of a lay man, and he says that, as far as he is concerned, he has not looked at the Bill from the point of view of a lawyer. If there are matters in which it could be improved, given study by lawyers and legislative draftsmen, he is all in favour of it because his aim is to have a Bill that is as good as possible. He authorised me to say that if Ministers doubt my word, they should speak to him directly. I do not think that the noble Lord, Lord Smith, if he were here, would object to these amendments, whatever he may say about the others.
Lord Stephen (LD)
I rise to speak to Amendments 31 and 34, which are in my name and that of my noble and learned friend Lord Wallace of Tankerness. This is back to the future, back to the debate we had just a few minutes ago about the extension of the length of the term of the Scottish Parliament. The issue is still grouped with these amendments, and our proposed approach is to include the extension of the term of the Parliament in the list of special majority or supermajority issues, except for what will be the second extension of the term of the Scottish Parliament, which the noble Lord, Lord Forsyth, mentioned earlier. That is happening right here, right now because the proposal is for the term which ran from 2011 to 2016, a five-year term, to be followed by another five-year term from 2016 to 2021.
The Bill in the Scottish Parliament to achieve that extension was introduced on 17 November. It is called the Scottish Elections (Dates) Bill. We believe that to make it clear and to avoid any uncertainty or confusion, that Bill should be excluded from the requirement to have a special majority. Otherwise, we agree with the noble Lord, Lord Forsyth, that this is an important issue. I think there could well be some sort of cap on the number of years for which you can extend. For example, extending by one year is perhaps the maximum that any of us would envisage, but if we have an extension of the term of the Parliament, it seems entirely appropriate that, alongside the other issues listed here, it should be by special majority of the Scottish Parliament.
Lord Forsyth of Drumlean
Before the noble Lord sits down, could he deal with the reasons why he is not content to rest on the European Convention on Human Rights?
Lord Stephen
I was as interested as the noble Lord, Lord Forsyth, to hear that that was the justification for his amendment being rejected. I would say that he has a case for his amendment, but there have been times when a limited and appropriate extension of the term of the Scottish Parliament has been useful. However, if that happens in future, I do not see why it should not be by a special majority to show that there is solid and widespread support for the proposal from all Members of the Scottish Parliament, or as many as make up a supermajority.
Lord Forsyth of Drumlean
Again, before he sits down, could the noble Lord confirm that it is not because he has always been opposed to devolution that he is taking this view?
Lord Stephen
At this late hour, I am happy to confirm almost anything to the noble Lord.
Lord McCluskey
My Lords, in view of the terms of Amendment 33, I shall not be moving Amendment 32.
Scotland Bill
Lord Stephen Excerpts(8 years, 12 months ago)
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Lord Stephen (LD)
My Lords, this has been a very good debate. Although there were parts of the last speech that I did not agree with, I very much agree with the final words of the noble Marquess, Lord Lothian. The name Michael Ancram kept coming into my mind—my apologies to him. There have been outstanding maiden speeches from two members of the Faculty of Advocates. As a mere solicitor in Scotland, I feel truly humbled by there having been eight contributors from the Faculty of Advocates, so far, with one still to come. This is a pretty fair contribution from the faculty. I think there are probably too many advocates going into politics these days and we need a few more solicitors, perhaps. However, I have very much enjoyed participating in a debate in which there have been these maiden speeches.
I enjoyed hearing from the noble Baroness, Lady McIntosh of Pickering, about her family background in Edinburgh and her time in Brussels and Westminster. As the noble Lord, Lord Kerr of Kinlochard, mentioned, it has been a privilege to be involved in the debate. Unlike him, I have been listening to Menzies Campbell’s contributions and speeches for a mere 35 years or so, seeing him first as a very young candidate, then as a new MP, then as a very highly regarded expert on foreign affairs, then as my party leader, and now, in this Chamber, as the noble Lord, Lord Campbell of Pittenweem.
I start my attention to the Bill with the words of the Minister and give the Minister my strong support. He gave a very good, fair and wise opening speech in the face of, at times, a flurry of challenges on detriment and fiscal frameworks. It could, at times, have been easy to forget that the Bill has very strong all-party support, not only here but in the House of Commons and the Scottish Parliament. We must not forget that. I still have to pinch myself that this all-party support includes the Conservatives. Indeed, it is now being led by the Minister and the Conservatives. It is quite a sight to see a Conservative Minister in the party of the noble Lords, Lord Forsyth and Lord Lamont, and the noble Marquess, Lord Lothian, speaking eloquently of creating one of the most powerful devolved Parliaments in the world. This remarkable change owes a great deal to the work of the noble Lord, Lord Strathclyde, and the Conservative commission he chaired in preparing his party’s submission to the Smith commission, and indeed to the role of the noble Lord, Lord Dunlop, for which we should give him great credit.
The whole of the United Kingdom has become far too centralised and needs more than piecemeal or partial reform. I respectfully, sincerely and, perhaps, hopefully encourage the Minister and his colleagues in government to go one step further. This would lead very naturally and logically to a constitutional convention for the whole of the United Kingdom to start the process of creating a more modern, effective and stable democracy, not only for Scotland but for Wales, Northern Ireland and the regions of England. In such a convention, the Liberal Democrats would argue for a federal solution and—who knows?—looking around the Chamber, there might just be a few noble Lords who would wish to join us in that process.
Returning to the Bill, this is important, substantial legislation. As the noble Baroness, Lady Quin, mentioned, short of war and peace, for a Parliament it does not get much more important than this. Of course, it all comes tumbling out of the referendum and out of the vow. The vow has been spoken about a great deal. The answer on the vow is simple: it was made and, having been made, it has to be delivered. I ask people not to look back and squabble or speculate on what might have been. Together we will, as the noble Lord, Lord Smith of Kelvin, has again confirmed today, deliver on the promise by passing this Bill. We owe the noble Lord, Lord Smith, and all the members of his commission for producing and unanimously agreeing such a far-reaching set of proposals to such a tight timetable. This brings me to the fiscal framework. We are all agreed, I believe, on this issue as well. We need to see it and need it pretty much now. Delay or dragging of feet could fracture a delicate consensus. Let us get it agreed and get it published. Delay in progressing the Bill, however well intentioned, would simply play into the hands of the SNP.
Lord Forsyth of Drumlean
I understand what the noble Lord is saying about delivering the Bill but if, when he sees the fiscal framework, it shows that Scotland will be financially worse off by a considerable degree, will he still be of the view that we have to get on with this and deliver it?
Lord Stephen
I very much take the view that, if that were the case, it would fracture the delicate political consensus that I have been speaking about. Therefore, I think it is up to the Minister and the Scottish Government to give everyone—the five parties of the Smith commission—confidence that we are on the right track in relation to the fiscal framework. If it cannot yet be published in full, why not look at other opportunities to publish an outline of the framework as agreed—the minutes of the meetings that have been discussing the framework have been spoken about—or a draft of the framework as it stands at this stage? Let us not hide it all. Let us get it out there in the open, and let us challenge the Scottish Government as well as the Government at United Kingdom level to open up on this issue and not have the discussions quite as much behind closed doors as currently appears to be the case.
The noble Lord, Lord Smith, emphasised that he was very much a Cross-Bencher and played no part in the policy as agreed by his commission. I am sure he was very modest in that regard. However, he mentioned two vital points in relation to all this. The first is that decentralisation to Scotland should not mean centralisation to one Government in Edinburgh. There should be decentralisation right across Scotland, and the mistakes of Police Scotland are a major warning to us all.
The second point is that all this should be about the good government of Scotland, which means parties and Governments working together and co-operating for the good of the people of Scotland. We would do well to bear that in mind over the next few weeks, not only as the Bill progresses through this place but in Scotland as well.
I turn to the main clauses of the Bill. On the constitutional changes, why not have a reformed, more modern constitution? Why not enshrine in legislation certain matters of great importance, such as the permanence of the Scottish Parliament? Why not have special majorities on other issues of great constitutional importance? Other countries do it. Our constitution can develop, change and be adapted to the needs of the 21st century. Why not also ask the Government to specify in the Bill before us today the current legislative consent rules rather than those defined back in 1998 before the Scottish Parliament was even created? It would be very interesting to hear the Minister’s response to the comments made in that regard by my noble and learned friend Lord Wallace of Tankerness.
The Liberal Democrats support the full tax-raising powers now found in the Bill. As my noble friend Lord Steel highlighted, a Parliament with such limited tax-raising powers as was the case with the Scottish Parliament back in its early years lacked accountability and responsibility from the start. It is no secret that the Liberal Democrats on the Smith commission, building on the work of the Liberal Democrat Campbell commission, supported bolder powers on welfare. We now see some of those powers coming forward, but I know that my noble friend Lord Kirkwood of Kirkhope will lead the Liberal Democrats’ charge on this issue with appropriate amendments in Committee—in a very responsible way, of course.
I want to pick up on the thanks expressed by the noble Lord, Lord Reid of Cardowan, to those who helped save the day in the referendum. Many in this Chamber deserve thanks as well, including the noble Lord, Lord Reid, himself, and so very definitely do Gordon Brown and Alistair Darling. But I hope also that the name of Charles Kennedy is remembered, as he gave a huge amount to the cause of home rule and federalism, and to speaking out strongly against the cause of nationalism.
Finally, I turn to the aid of the Minister and offer support. In echoing the words of my noble friend Lord Thomas of Gresford, I shall try to help him out on the issue of detriment with the actual quote from Through the Looking-Glass:
“‘When I use a word’, Humpty Dumpty said, in a rather scornful tone, ‘it means just what I choose it to mean—neither more nor less’. ‘The question is’, said Alice, ‘whether you can make words mean so many different things’. ‘The question is’, said Humpty Dumpty, ‘which is to be the master—that’s all’”.
So over to the Minister and to the next advocate in the debate.
Scotland: Block Grant
Lord Stephen Excerpts(9 years, 5 months ago)
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Lord Dunlop
My Lords, we are very mindful of the funding needs of Wales. Obviously, Welsh funding was the subject of the Holtham review and, according to the criteria set out by Holtham, Wales is not currently underfunded. For the foreseeable future, per-head funding is unlikely to converge with that of England in the near term. The UK Government have committed to introduce a funding for Wales that will ensure fair funding for Wales.
Lord Stephen (LD)
My Lords, is there not now a clear opportunity to create a new cross-party consensus for a constitutional convention to look at the whole of the United Kingdom on these issues? We have seen concern from Wales, and today the SNP lodged amendments that back away from full fiscal responsibility and simply want to give power to the Scottish Parliament to implement it at some point in the future. Doubtless, that is due to the fact that it involves the scrapping of the Barnett formula and £7 billion per year of cuts to public services in Scotland or increased taxes in Scotland. Is it not now time, building on the Smith commission and reflecting the outcome of the election in Scotland, for there to be at least an attempt at a cross-party consensus that would involve the nationalist parties to try to work together for a fairer settlement for the whole of the United Kingdom?
Lord Dunlop
My Lords, the Smith agreement was, of course, an all-party consensus. We have an extensive package of constitutional reform for all parts of the United Kingdom and our priority is to deliver on the constitutional commitments that we have made. We want a balanced and fair settlement across the United Kingdom. I am sure that there will be a lively debate on what more can be done, which the Government welcome wholeheartedly.