Scotland Bill Debate

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Department: Scotland Office

Scotland Bill

Angus Robertson Excerpts
Monday 8th June 2015

(9 years, 6 months ago)

Commons Chamber
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Angus Robertson Portrait Angus Robertson (Moray) (SNP)
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I am pleased to follow the hon. Member for Harwich and North Essex (Mr Jenkin) and his unique job application for the votes of the 56 Members from the Scottish National party.

Let me begin by thanking the voters of Scotland, because it is they who have put so much pressure on this place to deliver further devolution. The lesson of history about Scottish devolution is that when the SNP does well, Scotland’s powers are strengthened.

I congratulate the Secretary of State, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell). In the previous Parliament he was one of 12 Government Members out of 59 Members from Scotland; now he is the only Government Member from Scotland, so he is uniquely qualified to speak on behalf of the Conservative party in Scotland. The hon. Member for Edinburgh South (Ian Murray) is similarly qualified to speak for the Labour party.

In the spirit of co-operation—it is sometimes not fashionable to say this in politics—we will make common cause on many matters, perhaps even on this Bill, and I would welcome that. I look forward to the amendments on full financial autonomy, which SNP Members will be voting for. I suspect that the hon. Member for Edinburgh South will be voting with the Tories as he worked so closely with them through the two years of the referendum campaign.

Lord Beamish Portrait Mr Kevan Jones
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If the hon. Gentleman is committed to full fiscal responsibility, why is there no mention of it in his ham-fisted attempt to amend the Bill?

Angus Robertson Portrait Angus Robertson
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The hon. Gentleman is usually assiduous in his research on these matters, but he has obviously not read to the end of the reasoned amendment tabled by the SNP, which I commend to Members across the House. It proposes that we would move

“to a position in the medium term where the Scottish Parliament and Government are responsible for all revenue raising”.

Clearly the Labour parliamentary research unit overlooked that point when sending round its briefings earlier.

David Mowat Portrait David Mowat
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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I would like to make a bit of progress, and then I will be delighted to give way to the hon. Gentleman, whose interventions thus far have been tremendously helpful to the SNP.

I feel a sense of déjà vu as we discuss the contents of yet another Scotland Bill driven once again by the success of Scotland’s independence movement and party. The previous Bill, now the Scotland Act 2012, was the Government’s response to the Calman commission recommendations; the Calman commission, of course, was a response to the SNP’s first election victory in the Scottish Parliament in 2007, which enabled us to form an historic first minority Government. In 2011, though, the SNP had an even more dramatic and significant victory in Scotland. As Members will be aware, we broke the electoral system, gaining a majority in a proportional representation system designed explicitly to prevent that eventuality.

The constitutional response to the first majority pro-independence Government in Scotland in more than 300 years was the agreement to hold last September’s referendum. That is how we have got here today. The Bill’s genesis was in the referendum, and it flows from the desperate promises of the final few days of the campaign. The legislation before us comes from the vow made then, which was followed by the Smith commission and the five-party Smith agreement, albeit in watered-down form.

Johnny Mercer Portrait Johnny Mercer (Plymouth, Moor View) (Con)
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Does the hon. Gentleman agree that the UK Government have met every single deadline imposed during the process of delivering power to Scotland? The Bill must be viewed in the context of the no vote that the SNP finds it so difficult to accept.

Angus Robertson Portrait Angus Robertson
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First, to correct the record, the SNP recognises the result of the referendum. We were in favour of a yes vote, and we did not secure it, but 45% of the electorate voted for Scottish independence, and a considerable number of those who voted no did so on the basis of the vow that was given. That is why this discussion is so important.

The interventions and heckling from Conservative Members—and, sadly, from Labour Members as well—throughout this debate will inform the voters of Scotland of one thing: those Members have learned absolutely nothing since the general election, in which the Conservative party suffered its worst defeat in 100 years, making it, as far as I am aware, the worst performing centre-right party in the industrialised world to date. If Conservative Members took cognisance of that fact, they might not intervene in the way that the hon. Member for Plymouth, Moor View (Johnny Mercer) did a moment ago.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
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On the issue of full fiscal responsibility, a lot of the SNP’s economic prospectus was based on an increasing oil price and the much vaunted arc of prosperity. How did the hon. Gentleman get on with that?

Angus Robertson Portrait Angus Robertson
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How we got on with it is that we won 56 out of 59 seats.

Lord Jackson of Peterborough Portrait Mr Jackson
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indicated dissent.

Angus Robertson Portrait Angus Robertson
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The hon. Gentleman shakes his head, but it is a statement of fact. The Scottish National party won almost every single seat in Scotland, and it did so on the basis of the argument conducted during the general election. I advise Conservative Members, who apparently are in favour of the maintenance of the Union, that they should respect the views of the electorate that returned SNP Members in such great numbers.

Angus Robertson Portrait Angus Robertson
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I would like to make some progress, and then I will give way to the hon. Lady.

I will return in much more detail to the watering down of the Smith agreement in the Bill, because righting that wrong will be a central priority for the SNP. As we know, the vow was a direct response to the growing momentum of the yes campaign, in which the Better Together parties—Labour and Tory, which had worked closely for two years—descended into breathless panic and promised the earth. More accurately, they promised “home rule” and as close to federalism as possible. At least they had the nous not to carve those particular promises on an eight-foot block of stone. There is no doubt whatever that the Bill does not match the pledges of the campaign or the spirit and letter of the Smith deal. On that issue, I give way to the hon. Member for Islington South and Finsbury (Emily Thornberry).

Emily Thornberry Portrait Emily Thornberry
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As I understand it, the Scottish National party’s position is for full fiscal autonomy. There is a difference between autonomy and responsibility, as I am sure the hon. Gentleman would agree. Autonomy means a great deal. The amendment that was not selected states

“as Scotland moves to a position in the medium term where the Scottish Parliament and Government are responsible for all revenue raising”.

Does he agree that that is not full fiscal autonomy?

Angus Robertson Portrait Angus Robertson
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That is interesting. A moment ago, Labour Members intervened to say that there was no mention of our support for fiscal autonomy; now we are told that we did mention it, but the hon. Lady is not happy with the wording. I opened my contribution by saying that I look forward to the SNP amendment on full fiscal autonomy; I expect to see Labour Members trooping through the Lobby and voting with the Tories yet again on governance in Scotland. I suggest that if they want to retain their only seat there, they should think twice about pursuing that course of action.

None Portrait Several hon. Members
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rose

Angus Robertson Portrait Angus Robertson
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I want to make some progress, but I will give way to the hon. Member for Edinburgh South.

Ian Murray Portrait Ian Murray
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To be clear, can the hon. Gentleman confirm that he is saying that the SNP will introduce an amendment to deliver full fiscal autonomy for Scotland, and that the Labour party should support a measure that would put a £10 billion black hole in Scotland’s finances? It is not about walking through the Lobby with anyone; it is about standing up for Scotland’s interests.

Angus Robertson Portrait Angus Robertson
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I am grateful to the hon. Gentleman for letting me intervene in his second speech in this debate. He needs to consider closely the impact of his party’s collaboration with the Tories for two years on the independence referendum campaign. He can say whatever he likes about full fiscal autonomy, which the SNP supports and which the other parties oppose. They have this in common: they are unbelievably unpopular in Scotland, and it will take a while for them to learn the lessons from that.

The hon. Gentleman had the opportunity in his speech from the Front Bench to outline any new thinking, new ideas or anything else that the Labour party did not say in the Smith commission proposals. There was not a peep; not one new idea. That, along with his party’s ongoing co-operation with the Conservative party, will consign Labour to the opposition position that it deserves in Scotland.

Ian C. Lucas Portrait Ian C. Lucas (Wrexham) (Lab)
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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I have taken many interventions, and I will now make progress. There is no doubt that the Bill does not match the pledges of the campaign or the spirit and letter of the Smith deal. The Bill falls short and, more importantly, it has also been overtaken by another election—the general election of a few weeks ago—in which the SNP had overwhelming and unprecedented success.

Ian C. Lucas Portrait Ian C. Lucas
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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For the second time, I will not. I want to make progress.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Laing)
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Order. The hon. Gentleman is not giving way. We must not waste time arguing about it; there is much to be said this evening.

Angus Robertson Portrait Angus Robertson
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Thank you, Madam Deputy Speaker. The people have spoken, and it is clear that they want more power for Scotland than the Bill offers. I ask the Secretary of State: will the Government listen?

I am not usually given to quoting the traditionally Labour-supporting Daily Record, but I recommend that the Secretary of State and other Members look at today’s issue. Across the front page is a headline that reads, “Failure to fully deliver all the new powers promised to Scotland will seriously damage your Union”.

Huw Merriman Portrait Huw Merriman (Bexhill and Battle) (Con)
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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No, I am making progress. The editorial that follows states:

“there are serious concerns the proposed Scotland Bill does not fully implement what was proposed…This is an unacceptable situation that must be rectified quickly as the Bill makes its way through Westminster.”

Much of what we have heard so far today has been an attack on the SNP by both the Government and Labour. As the effective Opposition in this Parliament, we will ensure that we make progress with the Bill. The Government can be assured that strengthening the legislation so that it begins to satisfy the aspirations of the people of Scotland and organisations across Scotland will be another priority for SNP Members.

Both the convenor of the Scottish Parliament’s Devolution (Further Powers) Committee and the Law Society of Scotland have urged the UK Government to ensure that the Bill proceeds in a way that will enable the Scottish Parliament to influence and shape it.

I endorse their view and ask the Secretary of State to confirm today that the Government will accept the cross-party changes proposed by the Scottish Parliament’s Devolution (Further Powers) Committee to bring the Bill into line with the Smith agreement.

It might help colleagues who have not read the report if I highlight the fact that the committee’s conclusions were reached unanimously on an all-party basis. The committee’s deputy convenor is one Duncan McNeil of the Scottish Labour party and it also includes one Alex Johnstone of the Scottish Conservative and Unionist party, Alison Johnstone of the Scottish Green party and Tavish Scott of the Scottish Liberal Democrats.

Huw Merriman Portrait Huw Merriman
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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I want to make some more progress.

This is a cross-party committee, and as its convenor Bruce Crawford MSP said when launching the interim report in May,

“the current proposals do not yet meet the challenge of fully translating the political agreement reached in the Smith Commission into legislation.”

This is really important. If all the political parties in this House believe that this Bill should deliver on Smith, and if all our colleagues in the Scottish Parliament say it does not fully do so, the Government must listen and they must act.

The errors that those in the Scottish Parliament seek to address go to the heart of what was agreed in the Smith commission. First, on welfare, the Bill as it stands retains a UK veto over changes to universal credit, among other things. That is unacceptable. The Secretary of State denied that there is a veto right in the Bill. I do not know how many Members present have read the Bill, but I invite them to turn to clause 24(4) on page 26, which states:

“The Scottish Ministers may not exercise the function of making regulations to which this section applies unless…they have consulted the Secretary of State about the practicability of implementing the regulations”.

The veto rights are there in black and white. [Interruption.] I hear someone from the Labour Benches say, “So?” Do they think it is a problem or not? Their colleagues in the Scottish Parliament think it is.

Angus Robertson Portrait Angus Robertson
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Does the hon. Gentleman agree with his colleagues in the Scottish Parliament that the Smith proposals should be delivered?

Ian C. Lucas Portrait Ian C. Lucas
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I am not giving way at this point.

Angus Robertson Portrait Angus Robertson
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There was I being hectored and accused of being frit and not taking interventions, but when Members are put on the spot as to whether they support their own colleagues in the Scottish Parliament, they run away.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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I am very grateful to the hon. Gentleman for giving way on the extremely important issue of a veto. An ordinary reading of clause 24(4) shows that it clearly says that “such agreement” is

“not to be unreasonably withheld.”

That means that it is not a veto and that it would be justiciable in front of the courts if an unreasonable decision were made by the Secretary of State.

Angus Robertson Portrait Angus Robertson
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The key point is that it does not have to be given. The hon. Gentleman will no doubt make contributions during the Bill’s Committee stage, but I ask hon. and right hon. Members across the House: have they read what their colleagues in the Scottish Parliament have concluded, and will they act on it or not?

Stewart Hosie Portrait Stewart Hosie
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The hon. Member for North East Somerset (Mr Rees-Mogg) talks about reasonableness, but how on earth can we trust this Government or any Secretary of State to be reasonable when they have just implemented £177 million-worth of in-year cuts to the Scottish budget?

Angus Robertson Portrait Angus Robertson
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My hon. Friend makes a very good point. I was struck by the fact that the hon. Member for South Cambridgeshire (Heidi Allen), who is not in her place, made an appeal for trust in this process. I totally agree with her. I look forward to the Government delivering everything that was promised in the Smith commission and more, because we all—every party—stood on manifestos of constitutional change, and the three UK parties were all defeated.

The Prime Minister has said that he will listen to what the Scottish Government have to say on more powers. I will take him at his word. The Secretary of State for Scotland has said that he is open to ensuring that the wording of the Bill is optimal to deliver on the Smith commission proposals. It is absolutely crucial that that takes place and that the trust mentioned by the hon. Member for South Cambridgeshire is delivered on. When a committee of our colleagues in the Scottish Parliament concludes, on a cross-party basis, that the Government’s Bill does not fulfil that, the Government must listen.

William Cash Portrait Sir William Cash (Stone) (Con)
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Does it follow from what the hon. Gentleman has just said that, if the amendments that SNP Members will inevitably table are voted down, they will accept the consequences of the amendments not going through and their not getting the massive powers they seek?

Angus Robertson Portrait Angus Robertson
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I am not entirely sure whether the hon. Gentleman is suggesting that he and his colleagues should vote against his party colleagues in the Scottish Parliament. Is that what he is suggesting? The point I am trying to make is that all our political parties signed up to the Smith commission and all of our political parties in the Scottish Parliament have concluded that the Bill does not fully deliver on it. Is the hon. Gentleman suggesting that his party should not support our colleagues in the Scottish Parliament?

William Cash Portrait Sir William Cash
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I am asking a very simple question about this House. The SNP has won a victory in Scotland and its Members have come here, so they are obviously bound by the circumstances that apply within the Westminster Parliament. If they are voted down, will they accept that?

Angus Robertson Portrait Angus Robertson
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I asked the hon. Gentleman for clarification, but unfortunately he did not give it. There is a central point—[Interruption.] I am getting heckled by Labour Members in relation to Tory interventions—again! We are very used to this in Scotland. We are used to “project fear”—the Labour party and the Tories working together.

Angus Robertson Portrait Angus Robertson
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No. I have given way very generously, both to Labour and to Tory Members, and I will now make some progress.

In addition to the points that have been raised thus far, the Smith recommendation for a power to create new benefits in devolved areas has not been adequately reflected in the Bill. Similarly, the ability to top up reserve benefits has been watered down. The Scottish Parliament would also be prevented from creating additional benefits to mitigate the impact of welfare sanctions and conditionality, which, as Members will know, are among the main causes of poverty. Their use has seen tens of thousands of people forced to rely on food banks, a scandal that should make Government Members hang their heads in shame. As the Devolution (Further Powers) Committee pointed out, the Bill contains unwarranted restrictions on the payment of carers’ benefits.

Secondly, on the constitution, the Bill as it stands fails adequately to guarantee the permanence of the Scottish Parliament. As the Devolution (Further Powers) Committee made clear, this Parliament should not be able to abolish Scotland’s Parliament against the wishes of the people. The consent of the Scottish Parliament and the Scottish people is a necessary addition to fulfil the Smith agreement’s promise of permanence.

Equally, as the Bill stands, the Sewel convention will not be translated effectively into law. It is not given full statutory footing in the Bill, as the Smith commission proposed. It is not good enough, as the Bill currently stands, simply to recognise the existence of the Sewel convention. The Bill’s clauses are vague and, as drafted, do not in fact require Scottish Parliament consent for UK Government legislation in devolved areas. That is not acceptable.

In the Committee stage, we will explore the gaps in the Bill more fully, but I will provide the House with one final example of its shortcomings in the area of employment. The Bill does not include the full range of employment support services currently delivered by the Department for Work and Pensions, contrary to both the letter and the spirit of paragraph 57 of the Smith agreement. That, too, needs to change.

Bernard Jenkin Portrait Mr Jenkin
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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I am still making progress.

These are matters of substance: shortcomings identified and agreed by all parties in the Scottish Parliament. The Scottish Government have helpfully provided new clauses to the Devolution (Further Powers) Committee on those and other gaps in the Bill—amendments that would deliver on the Smith agreement in full. Will the Secretary of State agree now to introduce them as Government amendments? If he cannot offer that guarantee, I am happy to confirm that the Scottish National party will do so, so that the Bill can be given these most basic and essential improvements during its Committee stage.

In that respect, I want to remind the Secretary of State of the Government’s stated policy with regard to England, as set out in the Queen’s Speech, and to replace the word “England” with “Scotland” to create what I hope can be a new principle for the passage of this Bill—perhaps we can call it the Mundell principle— as follows: “That decisions affecting Scotland can be taken only with the consent of the majority of Members of Parliament representing constituencies in that part of our United Kingdom”. That means that if the majority of Scottish Members of this House, representing the views of the Scottish Parliament, desire a change to the Bill that affects only Scotland, his Government must not and should not stand in our path.

The Scottish Parliament and Government have set out the steps that must be taken to ensure that this legislation delivers on the Smith agreement. The Bill is a response to the referendum, but we now need an adequate response to the general election and the clear mandate for more powers that was delivered. I agree with the words of the Scottish Council for Voluntary Organisations in its briefing to Members on the Scotland Bill:

“As it stands, the Scotland Bill fails to recognise the sea change of opinion in Scotland and the wish for further devolution.”

That failure must now be remedied. If the Government are unwilling to give the people of Scotland what they want, the SNP will table the necessary amendments.

The manifesto on which I and my colleagues were elected was one that secured the support of more votes in Scotland than the Conservatives, the Labour party and the Liberal Democrats combined. We have been clear on our priorities for more powers, stating that

“we will prioritise devolution of powers over employment policy, including the minimum wage, welfare, business taxes, national insurance and equality policy—the powers we need to create jobs, grow revenues and lift people out of poverty.”

Those priorities will be the focus of our amendments in Committee and on Report. I hope that the Government will accept such changes as reflecting the clearly expressed will of a majority of Scottish Members on issues that affect Scotland only.

With meaningful powers over working-age benefits, we can protect Scottish society from the ideological attacks on our welfare state being undertaken by this Government. With responsibility for a full range of economic levers, we can work to support the job creators in Scotland. We can do more to create the wealth and share it more fairly. We can make more of our natural competitive and comparative advantages, boost exports and encourage innovation as we work to make Scotland’s economy more competitive and more productive. These are more powers for a very clear purpose: to deliver policy that works better for the people of Scotland—policy for the many, not just for the few. As our manifesto made clear, we will seek to amend the Bill so that the Scottish Parliament can become responsible for all revenues raised in Scotland as part of a wider financial arrangement that includes borrowing powers. That is also part of our mandate.

The people have spoken, and the UK Government should respect their choice. We know that the UK Government blocked the devolution of many new powers during the very last hours of the Smith negotiations. They were wrong to do so, as the election result has made very clear. Press reports have revealed that very late drafts of the agreement, as negotiated between the Scottish parties, included

“proposals to devolve income tax personal allowances, employers’ National Insurance contributions, inheritance tax, and the power to create new taxes without Treasury approval.”

We are also told that Labour representatives on the Smith commission blocked plans to devolve additional powers on employment law, including the national minimum wage. I hope that the Labour party, in particular, will now shift its stance so that we can ensure that minimum wage levels are set by the Scottish Parliament, not by this Tory Government. I look forward to the Scottish Labour party adding its voice and vote in Committee to SNP amendments to devolve the minimum wage.

The delivery of substantial new powers for our Parliament has become the settled will of the Scottish people, as expressed in elections and opinion surveys. People want the devo-max that was promised in the final days of the referendum. Scotland deserves nothing less.

Huw Merriman Portrait Huw Merriman
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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I am just concluding.

As a recent study by the Economic and Social Research Council has revealed, 63% of people in Scotland support the full devolution of both taxes and welfare benefits, including unemployment benefit. Our guiding principle should be that the people of Scotland get the form of government that they want. For almost two thirds of our fellow citizens, that is a Parliament in Scotland with substantially stronger powers than we have today and substantially stronger than are on offer in this Bill.

As our amendment on the Order Paper makes clear, we wish the Bill to progress into Committee so that it can be improved. Change is necessary, and I hope Government Front Benchers accept that reality. SNP Members will work with the Scottish Parliament to deliver the improvements to the Bill that are required—improvements that will first deliver the Smith agreement in full, and then give us the new powers Scotland needs to enable us to create more jobs and boost economic growth, to increase wages and opportunities across society and to deliver higher living standards for hard-pressed households.

The Westminster system has delivered growing inequality. The gap between the super-rich and the rest is growing at an unacceptable rate. We are among the most unequal societies anywhere in the world. Westminster is not working for the majority of people in Scotland—or arguably for the rest of the UK, either—and that is why there is such a clamour in Scotland for a new way of doing things and for the powers, in our own hands, to make a difference.

The UK Government have promised that this Bill will deliver the Smith commission in full, and that it will include proposals from the Scottish Government that were endorsed by the electorate in the general election. In the weeks ahead, the House of Commons will debate amendments that can strengthen the Bill. I hope that the Government will deliver on the vow, accept the verdict of the electorate and ensure that the Bill does deliver what the Scottish people require.