Scotland Bill

Debate between Bernard Jenkin and Angus Robertson

Monday 8th June 2015 Commons Chamber

[Angus Robertson]

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.

[Mr Jenkin]

Will the hon. Gentleman give way?

[Angus Robertson]

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.