Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 19th June 2019 Commons Chamber

[David Mundell]

Every payment made is subject to the tax system, as is self-evident, but what these payments do is mitigate the reduced payments that our armed forces personnel are receiving due to the SNP’s high-tax approach.

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

3. What progress the Government have made on their review of intergovernmental relations.

--- Later in debate ---

[Alan Brown]

The frontrunner to become the next Prime Minister has published an anti-Scottish poem. He believes that a pound spent in Croydon is of more value than a pound spent in Strathclyde, and that a Scottish MP should never be Prime Minister. Does the Secretary of State agree that if the former Foreign Secretary became Prime Minister, it would be a disaster for intergovernmental relations and a boost for Scottish independence?

[David Mundell]

At every Scottish Question Time we hear the assertion that this or that will be a boost for Scottish independence—it has got to the stage where if the chicken crosses the road, it will be a boost for Scottish independence. It is for individual candidates in the Conservative leadership elections to answer questions about their own position and background.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 8th May 2019 Commons Chamber

[David Mundell]

I was inclined to vote for the hon. Gentleman to succeed your good self, Mr Speaker, before that intemperate question, although I note from his manifesto that he would no longer support independence if he was in your Chair.

I would point the hon. Gentleman to the debate around the EU at the time of the independence referendum, when the former First Minister of Scotland asserted that Scotland would automatically be in the EU as an independent country. That statement proved to be false.

[Alan Brown]

It is because of nonsense like this and Brexit being imposed on Scotland that many Scots now want a say in their future as regards independence. The Secretary of State’s Government accepted the Scottish National party motion on the Claim of Right, which states that it is the sovereign right of the Scottish people to decide their form of government and their constitutional future. Does he still agree with that principle?

[David Mundell]

Of course I agree with that principle, but I would point the hon. Gentleman to the recent opinion poll showing that only one in five people in Scotland want another independence referendum before 2021.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 20th February 2019 Commons Chamber

[David Mundell]

There is one sure and clear way to avoid a no-deal Brexit, and that is to vote for the Prime Minister’s deal; but on every occasion that SNP Members have had an opportunity to do so, they have declined. Indeed, they have sought to bring a no-deal Brexit closer to reality.

[Alan Brown]

Instead of these weasel words and standard answer, will the Secretary of State answer the question? The Government agree that no deal would be a disaster. Does he agree with extending article 50 to rule out a no-deal scenario?

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 17th October 2018 Commons Chamber

[David Mundell]

If the hon. Lady has specific cases, I know that the Department for Work and Pensions, which is always seeking to improve the process, will listen to what she has to say.

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

5. What recent discussions he has had with Cabinet colleagues on helping to develop the Scotch whisky industry.

European Union (Withdrawal) Bill: Sewel Convention

Debate between Alan Brown and David Mundell

Thursday 14th June 2018 Commons Chamber

[David Mundell]

The emphasis that the hon. Gentleman put on the words in those sentences is not quite correct because I wanted an agreement with the Scottish Government, but it is quite clear that that agreement will not be forthcoming on a basis that would be acceptable under the existing devolution settlement. We have rehearsed those arguments numerous times in answers to questions today. It is not acceptable that the devolution settlement be changed as part of Brexit to give the Scottish Parliament a veto over matters that would apply across the whole of the United Kingdom.

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

A reminder: the Tory-friendly Spectator magazine said that no self-respecting party of any colour could give consent to the EU withdrawal Bill in its current format. As other hon. Members have said, much of civic Scotland agrees about the impact on devolution, yet, instead of showing any contrition whatsoever, the Secretary of State comes to the Dispatch Box and tells us to like it or lump it and does some SNP bashing for good measure. It is quite obvious that he cannot even differentiate between the SNP, the Scottish Government and the Scottish Parliament, so I ask him to show some backbone for once and resign.

[David Mundell]

When we brought forward the initial proposals, Members of this House, Members of the Scottish Parliament and others responded to those proposals, and I appeared before the Finance and Constitution Committee of the Scottish Parliament. We listened to what we heard from all of those, from civic Scotland and from elected representatives across Scotland, and we made very, very significant changes to the Bill. As the hon. Member for Edinburgh South (Ian Murray) pointed out, we were extremely close to reaching agreement. Those in the room felt that agreement could be reached but, at the end of the day, Nicola Sturgeon and the Scottish Government did not agree with what was proposed. On that basis, we have not been able to conclude agreement. I regard that as regrettable. I would still welcome it if the Scottish Government came on board with the Welsh Government in relation to supporting the proposals if that is at all possible.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 6th June 2018 Commons Chamber

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

15. What recent discussions he has had with the (a) Scottish Government and (b) Prime Minister on the Scottish Parliament's decision not to grant a legislative consent motion for the European Union (Withdrawal) Bill.

[The Secretary of State for Scotland (David Mundell)]

Having worked closely with the devolved Administrations on significant amendments, I am of course disappointed that the Scottish Parliament has not yet granted legislative consent to the Bill. The Welsh Assembly agrees that these arrangements fully respect the devolution settlements. The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office is in correspondence again this week with Mike Russell, and the door remains open for the Scottish Government to reconsider.

--- Later in debate ---

[David Mundell]

I could not agree more with the hon. Gentleman—the anti-devolution party is riding roughshod over Scotland, but it is the SNP. It does not back devolution; it only backs independence.

[Alan Brown]

The Tory-friendly Spectator magazine has said that no self-respecting Scottish Government of any party could give consent to the European Union (Withdrawal) Bill in its current form. So instead of expressing disappointment in the Scottish Government, what is the Secretary of State going to do to engage in cross-party talks and to try to find a solution that respects the will of the Scottish Parliament?

[David Mundell]

I have wanted to reach an agreement all along, and we have made it clear that we still want to reach an agreement in the exchanges with the Scottish Government this week. Either the Scottish Government need to reconsider their position, or a new proposal needs to emerge.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 25th April 2018 Commons Chamber

[David Mundell]

There are very clear rules in relation to such matters. If the hon. Gentleman has any specific suggestion to make, he should take them up through that process.

[Alan Brown]

It must be more than a coincidence that the Scotland Office did a very targeted Facebook campaign in the Secretary of State’s own constituency, excluding cohorts such as those with an interest in Scottish independence, so can he tell the House when he knew that his Department was using social media to target his constituents only?

[David Mundell]

I have clearly answered the point that the hon. Gentleman’s colleague, the hon. Member for Airdrie and Shotts (Neil Gray), raised, and if he has specific suggestions that the very clear rules under which the Government operate have been breached, I would like to hear them. But it is very clear, for example, that the Scottish Government target specific audiences, and if he is saying that they do not, I would be very surprised to hear that.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 7th March 2018 Commons Chamber

[David Mundell]

Yes I do.

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

Further to that question, will the Secretary of State give us a timeline for when the UK Government will agree the Ayrshire growth deal?

[David Mundell]

The hon. Gentleman’s constant flow of negativity is in marked contrast to the three local authorities that I met recently in Ayrshire, which are very keen to work with the Scottish Government and the UK Government to make the Ayrshire growth deal a reality.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 6th December 2017 Commons Chamber

[David Mundell]

If anyone has embarrassed himself, it is the Cabinet Secretary for the Rural Economy and Connectivity, who sent out 35 tweets to tell people what a good job he was doing. The First Minister of Scotland sent my hon. Friend the Member for Angus (Kirstene Hair) a seven-tweet thread to tell her what a good job she was doing. People up and down Scotland who do not receive adequate broadband services know who is to blame: the Scottish Government.

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

2. What discussions he has had with the Chancellor of the Exchequer on the effect of the autumn Budget 2017 on the level of Scotland’s revenue budget.

Referendum on Scottish Independence

Debate between Alan Brown and David Mundell

Monday 13th November 2017 Westminster Hall

[Alan Brown]

The hon. Gentleman is making that inference; I am not.

We keep hearing today about divisive referendums, and to me that is one side seeking to delegitimise the whole process of another vote. If we are talking about division, I say to my neighbour, the hon. Member for Ayr, Carrick and Cumnock (Bill Grant), that I thought it was truly shameful to bring in the memory of those who served in the armed forces as an argument for not holding another referendum. I have friends who serve in the armed forces, and they are pro-Scottish independence. That is not them disrespecting their colleagues that they serve beside, and the debate should not stoop to that level.

It is clear that many people do not want another referendum. Equally, many people did not want a referendum in 2014, yet it still resulted in the biggest vote ever held in Scotland. It engaged people who had never been interested in politics before, and it was a model of democracy—we cannot forget that. Sixteen and 17-year-olds were given the vote; EU citizens were allowed to vote. It was a vote based on residence, not nationality, and had the UK Government followed that example in the European referendum vote, we would not have the Brexit shambles that we have now.

There should be nothing to fear about undergoing another democratic exercise. We respected the 2014 vote; but, as my hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day) pointed out earlier, everyone is well aware that a key campaigning tactic of Better Together was saying that the only way to stay in the EU was to vote no. How significant that was in the final vote, we cannot say for certain.

[David Mundell]

On that point—

[Alan Brown]

I will let the Secretary of State in.

[David Mundell]

It is a mythology that has been created. The issue at the core of the debate about the EU in the 2014 referendum was how an independent Scotland would become part of the EU. That was a question that those campaigning for a yes vote were unable to answer during that campaign, so perhaps the hon. Gentleman could answer it now. How would an independent Scotland become a member of the EU?

[Alan Brown]

Quite simply, Better Together put out campaign literature that said, “How to secure membership of the EU: vote no”. That is what the campaign was.

There is the sheer, rank hypocrisy of those who campaigned using that as a tactic, and then actually campaigned to leave the EU. I am looking at quite a few of the Members on the Conservative side who did that—all except for the hon. Member for Angus (Kirstene Hair), who found the EU referendum too difficult to vote in. She must be glad that the Tory Whips down here reckon that abstention is the best way forward on many Opposition votes.

I appreciate that Scotland being dragged out of the EU against its will has not yet caught the fire of the general populous as a reason to hold an immediate referendum; however, surveys have shown that people would like a referendum when the impact and effects of Brexit are fully understand. There is a will to have another referendum, not right now, but sometime in the future.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 25th October 2017 Commons Chamber

[David Mundell]

I am sure that the people of Dumfries and Galloway will be absolutely delighted to hear what my hon. Friend says. I was very pleased to receive a submission from all five local authorities involved in the borderlands growth deal. I hope that we can now move forward with local communities being able to include their ideas and contributions in this process.

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

rose—

[Alan Brown]

There is a risk that the Secretary of State is prioritising the borderland deal over the Ayrshire growth deal. In a simple written question, I asked how many meetings he has had on the borderland initiative, with who, and on what dates. His answer was that he has had numerous meetings. Will he answer the question directly, or otherwise I will report him to the Procedure Committee again?

[David Mundell]

I am afraid that the hon. Gentleman displays an unpleasant SNP trait of seeking to create division within Scotland. I want to see all areas of Scotland benefit from growth. At least the people of Ayrshire know that in their new Member, my hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant), they have a real champion of Ayrshire.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 18th January 2017 Commons Chamber

[David Mundell]

The borderlands initiative is an innovative proposal that seeks to bring together Dumfries and Galloway Council, Scottish Borders Council, Carlisle City Council and other councils in the north of England to recognise the significant economic area that crosses the border. I am delighted to give my support to that proposal.

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

As well as city deals, the Secretary of State will be aware that the Ayrshire growth deal has been submitted to the Scottish Government. In yesterday’s Treasury questions, the Chief Secretary to the Treasury wrongly said that it is for the Scottish Government to advance that deal. What discussions has the Secretary of State had with Treasury colleagues about supporting the Ayrshire growth deal?

[David Mundell]

May I first welcome the fact that the hon. Gentleman’s colleague, the hon. Member for North Ayrshire and Arran (Patricia Gibson), has secured an Adjournment debate tomorrow that will focus specifically on the Ayrshire regional growth deal? I have met the councils and I want that deal to receive support from the UK Government in the way that is most appropriate to make it happen.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 23rd November 2016 Commons Chamber

[David Mundell]

The hon. Gentleman is to be commended for his efforts in promoting the bicentenary of Alexander “Greek” Thomson, who is perhaps an underappreciated icon of Scottish architecture. I can assure the hon. Gentleman—especially after my own visit to Holmwood House and meeting the Alexander Thomson Society—that the UK Government will do all we can to support and promote that bicentenary.

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

I have written to the Chancellor of the Exchequer suggesting that LIBOR money could be used to help fund opencast coal restoration in Scotland. Has the Secretary of State had any similar discussions with the Chancellor, or has he done nothing about the opencast pledge in the 2015 Green Book?

[David Mundell]

The hon. Gentleman knows that I—and, indeed, the UK Government—have done a great deal to work with East Ayrshire Council to ensure that opencast restoration could proceed in that area following the collapse of various companies involved in opencast mining. We continue that dialogue with both the Scottish Government and East Ayrshire Council to try bring the matter to a satisfactory resolution.

Oral Answers to Questions

Debate between Alan Brown and David Mundell

Wednesday 6th July 2016 Commons Chamber

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

9. What discussions he has had with the Scottish Government on the effect of the outcome of the EU referendum on Scotland.

[The Secretary of State for Scotland (David Mundell)]

Since the outcome of the EU referendum, both the Prime Minister and I have had discussions with Scottish Government Ministers, and we will continue to do so over the coming weeks and months. As the Prime Minister has made clear, we will fully involve the Scottish Government and other devolved Administrations as we prepare for negotiations with the European Union.

--- Later in debate ---

[David Mundell]

I very much hope that that will be the case. I met Fiona Hyslop, the Minister responsible in the Scottish Government, within hours of the EU declaration being made. My right hon. Friend the Minister for Europe is in Scotland today. I am meeting Fiona Hyslop tomorrow, and, as I have already said, I am meeting the First Minister next week. We want to work as closely as we can with the devolved Administrations to get the best outcome for Scotland.

[Alan Brown]

On the previous question, I would point out that Scotland voted by a large majority to remain in the EU. As a self-confessed democrat, will the Secretary of State therefore confirm that he will support the Scottish Government’s efforts to find a mechanism to keep Scotland in the European Union?

[David Mundell]

The hon. Gentleman may not have read the ballot paper, but the question was not about Scottish independence. It was about whether voters in Scotland wanted the United Kingdom to remain in the EU. I was a part of the 1.6 million people in Scotland who voted to remain in the EU, but I did not do so on the basis that Scotland would then be dragged out of the United Kingdom if I did not get the decision I wanted.

Scotland Bill

Debate between Alan Brown and David Mundell

Monday 9th November 2015 Commons Chamber

[David Mundell]

I am afraid I am going to move on to discuss the Crown Estate, another important issue that has been much debated in the context of devolution. Clause 31 allows for the Crown Estate’s Scottish assets to be managed by the Scottish Government, and states that they should receive the revenue from the management of those assets.

[Alan Brown]

Clause 31(1) actually begins, “The Treasury may make”, which is hardly a ringing endorsement of the commitment to devolve that matter. It may as well say, “Maybe aye, maybe no.”

[David Mundell]

Obviously I do not accept that analysis. The Crown Estate transfer scheme and the memorandum between both Governments have been published and are in the House Library, and copies are available in the Vote Office. I see that the Scottish Government have already come back with their comments on the proposals. The clause clearly means that the Scottish Parliament will have the competence to legislate for the management of the Scottish assets, and to further devolve powers to local authorities and communities should it wish. I hope that, in accordance with the provisions that Lord Smith set out in the agreement, it will do so.

The clause also provides for the protections envisaged by the Smith commission to ensure that the transfer is not detrimental to defence or other UK-wide critical national infrastructure. Amendments 84 to 95 strengthen the delivery of the Smith commission recommendation and the drafting of the clause. They make clear the policy intent of the clause, including the protection to be included in the transfer scheme relating to electricity charges and the obligation to maintain an estate in land, with the proceeds from any disposal having to be reinvested in the estate.

I have also tabled a number of amendments on equal opportunities. Having engaged with stakeholders and the Scottish Government on the equal opportunities provisions and having reflected on the debates in Committee, we have responded to representations that have been made on how clause 32 might be made clearer. New clause 16 and the consequential amendments 102 to 104 and 97 confirm that Scottish Ministers may, by order, commence and implement part 1 of the Equality Act 2010 in Scotland. That provides for the devolution of socioeconomic rights to the Scottish Parliament.

Amendments 96 and 98 to 101 to clause 32 similarly represent a revised and improved drafting approach. They strengthen the clause on appointments to the boards of public bodies that exercise devolved functions in Scotland, and they make clear that the Scottish Parliament could legislate to introduce protections, requirements and positive measures—including gender quotas—for such appointments to boards of public sector bodies. Amendment 105 to clause 33 is intended to make the purpose, effect and operation of the tribunals provision clearer. It removes ambiguity from the drafting, and more clearly sets out the mechanism by which the management and operation of reserved tribunals will be devolved to the Scottish Parliament.

New clause 17 and consequential amendments 134 and 135 will allow the UK Government to change primary and secondary legislation so that fines, forfeitures and fixed penalties imposed by courts and tribunals in Scotland are required to be paid to the Scottish consolidated fund, and therefore retained by the Scottish Government. That delivers the Smith commission agreement.

The Bill devolves to the Scottish Parliament legislative and Executive competence relating to national speed limits and traffic signs in Scotland. Minor and technical amendments 106 and 136 are required to correct the drafting in clause 37 and schedule 2, and do not impact on powers devolved in that area. Amendment 107 to clause 37 ensures that the Scottish Government are able to use the Traffic Signs Regulations and General Directions 2016 once they come into effect.

The Smith commission agreed that the licensing of onshore oil and gas licences in Scotland should be devolved to the Scottish Parliament. Amendments 111 to 113 and 108 improve the intended functioning of the oil and gas clauses that are to bring about a transfer of legislative competence. Amendment 109 ensures that the competence of the Scottish Parliament over given licences in the Scottish onshore area is not affected by geological processes on the coastline. Amendment 110 clarifies the extent of petroleum access powers that are being devolved in relation to land access for the purposes of searching and boring for petroleum under a licence. Amendment 114 allows existing cross-border licences to be split so that Scottish Ministers are granted administration of all licensed acreage in the Scottish onshore area.

Clause 43 devolves power to the Scottish Parliament over the provision of consumer advocacy and advice in Scotland. Amendments 115 to 128 correct minor and technical errors in the clause and clarify the drafting of the provision that relates to the levy on gas and electricity companies and the postal sector, to fund relevant consumer advocacy. That levy will continue to be raised across the UK, and funds will continue to be apportioned to Scotland.

Amendments 137 to 142 to clause 50 will enable Scottish Ministers to design and implement schemes for reducing fuel poverty in Scotland by imposing obligations on energy providers. The amendments transfer an additional power to Scottish Ministers so that they can set out in regulations the rules for determining the value of any benefit provided under a Scottish fuel poverty scheme, and set different benefit amounts for different categories of eligible consumers. The amendments also remove duplicate requirements on Scottish Ministers, and clarify that the Secretary of State can continue to exercise powers that are not transferred to Scottish Minsters.

Amendments 143 to 154 to clause 51 take into account the debate in Committee. They seek to ensure that costs are clear and equitable, by placing a duty on Scottish Ministers to design the Scottish energy company obligation in a way that should keep the costs of the obligations in Scotland within the share of any carbon emission reduction or home-heating cost reduction target apportioned to Scotland. Technical amendments 129 and 133 are needed to ensure that the member appointed to the Ofcom board by Scottish Ministers has the same functions and responsibilities as other board members.

In conclusion, I am confident that the amendments I am proposing will be seen by objective observers as positive drafting changes that will strengthen the provisions and make clear that the Bill fully delivers the Smith commission agreement in words and in spirit.