Constitutional Law

Alan Brown Excerpts

Wednesday 10th April 2019 Commons Chamber

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to follow the hon. Member for Stirling (Stephen Kerr). He has made my day and cheered me up—honestly, I had to check my notes to see whether I was in the right debate or whether he was, because we seemed to go slightly off topic. It also seems strange to complain about SNP complaints, while continuing to put the boot into the SNP—so, that was hypocrisy writ large. However, I take his point: where they can, it is good that the two Governments work well together. He kept talking about this good working relationship. He did not answer the intervention from my hon. Friend the Member for Airdrie and Shotts (Neil Gray) about how the Secretary of State for Scotland is currently blocking the development of onshore wind in Scotland. I want to challenge the Minister for Energy and Clean Growth, who is at the Dispatch Box—if she could look up, please. Her Department and the Secretary of State for Scotland have refused to release correspondence between the two Departments where it is quite clear that he has voiced his objections. For full transparency, will they release this information so that what the Scottish Secretary is doing to block onshore wind in Scotland is out there in the public domain?

Let me turn to the SI. Its title on the Order Paper is “Constitutional Law (Motion)”—how grand does that sound? No wonder a constitutional law motion is in the main Chamber. Then we look at paragraph 2.1 of the explanatory notes:

“The purpose of this…is…to correct amendments made to the Electricity Act 1989”.

Paragraph 6.3 states:

“This instrument is made to correct an oversight in the 2015 Order by amending the definition of ‘relevant waters’ in section 36D(6) of, and paragraph 5B(6) of Schedule 8 to, the 1989 Act”.

Paragraph 14.1 on monitoring and review states:

“The instrument will achieve its policy objective of amending a legislative oversight and therefore monitoring and review are not required.”

This is a simple, technical amendment, as has been said, so why it is in the main Chamber? It is a complete farce and another indication of this zombie Government who have nothing to do because everything is stalled because of Brexit. We keep hearing about getting on with the day job, but it is quite clear that the Government are not getting on with their day job and that everything is stalled. We had a similar SI in a normal Delegated Legislation Committee and it took 10 minutes. Partly because the hon. Member for Stirling talked longer than the two Front-Bench spokespersons, we have thankfully managed to drag this out, and I am doing my wee bit to drag it out in the main Chamber as well.

That said, we welcome the streamlining of this process for challenging Scottish Ministers’ decisions about marine licence applications. As the hon. Gentleman was good enough to say, the Scottish Government are a world leader in the fight against climate change and in advancing renewable energy. The Scottish Government want to have 50% of all energy sources supplied by renewables by 2030. It does figure that it would be much better for the Scottish Government to have even greater powers over energy policy and for that not be blocked by the likes of the Secretary of State for Scotland.

In Scotland, we have the European Marine Energy Centre in Orkney, which is also a world leader, with the world’s largest tidal steam array and the world’s most powerful tidal steam turbine. A recent announcement heralds the world’s first centre aimed at accelerating the development of materials and structures for tidal energy, which will be based in Rosyth. It is a collaboration between Babcock and the University of Edinburgh. The FASTBLADE project is worth £2.4 million, so we look forward to seeing that being developed. What funds, if any, will the Government provide for that and for future projects? I note that the offshore wind sector deal gives the University of Hull £5.5 million for its technology development. We should like to see the same provision for marine development in Scotland.

When will the Government change the regulations on the Electricity Act 1989 to define electricity storage as a distinct subset of generation? That change will facilitate the co-location of batteries with renewable energy, as the Minister acknowledged in a parliamentary answer in March and in another last week. She described the amendment as “an important measure” and said that it would be implemented “when parliamentary time allows.” I suggest that a full debate in the main Chamber provides sufficient parliamentary time to amend the regulations. That is part of the day job that the Government should be getting on with.

The Government also need to move away from their obsession with nuclear power. It is too dear; it is a dead duck; and it is clear that investors are walking away from it. I do not understand why they continue down that path.

We welcome the corrections of the previous oversight. They should mean that the appeal process is clear, within the remit of Scottish Ministers, and within the remit of the Scottish legal jurisdiction. The intention of the 2014 Act was to streamline the planning application and appeal process for renewable energy to facilitate business deployment and to give investors more certainty. We therefore welcome this measure, which has been agreed with Scottish Ministers. As the Minister said in her opening remarks, better regulation is good for everyone.

[Claire Perry]

I think we have seen an outbreak of consensus, which is always welcome on the Floor of the House. I welcome the comments of the hon. Member for Glasgow North East (Mr Sweeney), and commend him on his tartan tie: I feel that I am a little underdressed for this debate.

The hon. Member for East Lothian (Martin Whitfield), who is no longer in the Chamber, asked me to confirm that the Act applies to the geography of the site and not to the business location. I can confirm that to the House.

I was delighted when my hon. Friend the Member for Stirling (Stephen Kerr) raised our eyes beyond this narrow definition of the law to the real prize, asking what we could do to facilitate our ongoing leadership in the decarbonisation agenda. The answer is much more. I was also delighted by his support for the offshore wind sector deal, which is utterly transformational. We have the best location in the world for offshore wind generation in terms of wind speed and the shallowness of the marine basin. As he knows, there is an important opportunity for the transfer of skills from the world-leading oil and gas industry to offshore wind generation as part of the transition.

There is, of course, a series of questions to be asked about onshore wind. One concerns the size of wind farms. I have debated that subject many times with Opposition Members, but I should point out that the Scottish Government’s own analysis shows that more than 2GW of wind is already at the planning stage. Not all of that will come to fruition, but we are engaged in an enormous process of re-powering and upgrading existing onshore wind farms.

My hon. Friend also mentioned—and this is absolutely my experience as well—that the day-to-day working relationships with the Ministers in the devolved Administration are excellent. I chair a quadrilateral meeting which we hold regularly to discuss Brexit preparations, and our conversations are professional and focus on working together. There is a great deal of trust. Like the hon. Member for Kilmarnock and Loudoun (Alan Brown), I would far rather see harmonisation than dissent in such conversations. It is always dispiriting that we almost never hear his party welcome any of the progress that the UK Government are making. [Interruption.] I am afraid that his speech was delivered in such a welter of negativity that I may not have picked it up.

[Alan Brown]

rose—

[Claire Perry]

I will give way to the hon. Gentleman and allow him to congratulate our four nations on the progress that they have made.

[Alan Brown]

The Minister is obviously not familiar with my personality. That is how I deliver compliments—in amongst that wave of negativity.

What I was going to ask the Minister was this. Will the Government release the correspondence between the Secretary of State for Scotland and her Department, rather than hiding behind the freedom of information exemption, claiming that it is Government policy formulation?

[Claire Perry]

I hope that the hon. Gentleman will regain his usual sunny nature should we have an Easter break next week. As he will know, what he has asked is not for me to decide. These observations are made to the Secretary of State, and it would be wrong for me to comment.