Scotland Act 1998: Section 35 Power

Debate between Alister Jack and Owen Thompson

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

I will not go into the details of Lady Haldane’s judgment in December, but the hon. Lady is right to say that that has created part of the conflict. Again, that will be laid out in the statement of reasons. We would like the Scottish Government to address the concerns we have as to sufficient protections and safeguards for women and children across UK-wide legislation and for that to be reflected in the Bill.

[Owen Thompson (Midlothian) (SNP)]

On a point of order, Mr Deputy Speaker.

--- Later in debate ---

[Mr Jack]

I do not want to be rude to the hon. Lady, but I am afraid what she has just said shows that she does not understand the Scotland Act or what actions are available to the United Kingdom Government. We cannot bring forward a section 33 order, or invoke section 35, while a Bill is going through the Scottish Parliament. Once the Bill has finished its third and final stage, there is a 28-day process and the legal advice—which I must say is taken on all Bills that the Scottish Parliament passes as part of the devolution settlement—and then we decide what course should be taken, based on the advice we get. On this occasion, the advice is that section 33 is not appropriate, but that section 35 is.

[Owen Thompson (Midlothian) (SNP)]

I think it is exceptionally discourteous of the Secretary of State to refer consistently to a statement of reasons that nobody in the Chamber except him appears to have seen. This was not an urgent question or something he did not know about; this was a statement he brought himself. We should have had the statement of reasons before he made this statement. What is it about persistent electoral failure in Scotland that makes him so averse to following the principles of basic democracy?

[Mr Jack]

This is beyond parody. Democracy is what the Scotland Act is. Section 35 is in the Scotland Act. The SNP voted for the Scotland Act with section 35 in it. It is a democratic instrument.

Scottish Referendum Legislation: Supreme Court Decision

Debate between Alister Jack and Owen Thompson

Wednesday 23rd November 2022 Commons Chamber

[Owen Thompson (Midlothian) (SNP)]

The Secretary of State has referenced a number of times the suggestion that only a third of the electorate in Scotland voted for the SNP at the last Scottish election. In that same election, the Conservatives secured less than 15% of the electorate voting for them, so we need a bit of context. This all comes down to a basic question: if not through the route of a referendum through the Scottish Parliament, what is the democratic route for Scotland to determine our own future? Countless Members have asked. Where is the answer?

[Mr Jack]

First, there were also many other votes cast for other Unionist parties. It is a matter of consensus between the two Governments, political parties and civic Scotland—the answer I gave earlier.

Oral Answers to Questions

Debate between Alister Jack and Owen Thompson

Wednesday 25th March 2020 Commons Chamber

[Mr Jack]

I absolutely agree with the hon. Gentleman. We have given an extra £2.7 billion in funding for covid-19, over and above the Budget measures announced this year. The Budget measures brought, first, an extra £1.3 billion in the comprehensive spending review, and then another £640 million followed on from that. He is absolutely right, but I have to stress that that matter is for the Scottish Government under the devolution settlement.

[Owen Thompson (Midlothian) (SNP)]

I associate myself with the comments in support of our emergency services, but we also need to recognise that exceptional effort has been put in by our local government workforce. Any additional funding to the Scottish Government is welcome, but in this current climate of unprecedented challenge, does the Secretary of State agree that more steps need to be taken, and will he continue to press Cabinet colleagues for additional support for self-employed workers and to move forward with the argument for a universal basic income?

[Mr Jack]

The hon. Gentleman makes a very good point. The self-employed and freelancers are still waiting to hear about a package for them. We have been encouraging the Treasury to push forward with that, and I hope that it will come very soon. Members of the Scottish Government have been doing the same—it is an effort across the devolved Administrations—and we need to find a solution. It is a complicated problem, because if someone is a self-employed van driver, they are probably doing very well on deliveries at the moment, but other self-employed people and freelancers are really struggling. We need to recognise that this has to be tailored to those in need.