Oral Answers to Questions
David Duguid Excerpts(2 years, 1 month ago)
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Mr Jack
The hon. Gentleman will also know that the UK Government clamped down on the abuse of Scottish limited partnerships in 2018, but we want to do more, and early in the next Session of Parliament there will be an updated economic crime Bill and further measures will be taken. He is absolutely right that those partnerships were being used by foreign individuals and companies to launder money. We know that. The reforms in 2018 increased transparency and put more stringent checks on the individuals forming those companies, but, hopefully with the support of the Labour party, we will tackle them in the next Session of Parliament.
David Duguid (Banff and Buchan) (Con)
The Scottish National party likes to present itself as the defender of devolution, but does my right hon. Friend agree that there is an inherent contradiction between that position and its desire to rip our United Kingdom completely apart? Does he also agree that it is the UK Government who are promoting devolution, including the transfer of powers regained from the European Union?
Oral Answers to Questions
David Duguid Excerpts(2 years, 3 months ago)
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Mr Jack
To be absolutely clear, regarding funding to the devolved Administrations, the first comment I would make to the hon. Lady is that the settlement for Scotland this year of £41.6 billion is an increase of £4 billion and is the highest settlement that the Scottish Government have received since 1998, so since devolution began. Regarding the UK shared prosperity fund, the European regional development fund and the European social fund are absolutely being replaced with no reduction whatever, as per our manifesto commitment.
David Duguid (Banff and Buchan) (Con)
Will my right hon. Friend inform the House of what engagement he has had—or other UK Departments have had—with the Scottish Government and, in particular, with local authorities in Scotland to ensure that levelling up is truly a levelling-up exercise across the whole of the United Kingdom?
Mr Jack
As my hon. Friend knows from when he was in the Scotland Office with me, we have had a lot of engagement with Scottish local authorities. We have been very clear that we will deliver the levelling-up money and work with those local authorities to practice real devolution.
COP26: Devolved Administrations
David Duguid Excerpts(2 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Scotland (David Duguid)
First, I associate myself with the remarks made by both Opposition Front Benchers on the relatively good-natured nature of this debate. It is fair to say that across the House and across the country, we share an ambition to deliver on the targets we have set. We may debate how we do that from time to time, but we all share that ambition. I also congratulate and thank the hon. Member for Argyll and Bute (Brendan O’Hara) for securing this debate. I thank Members from right across the UK—all nations of the UK and both sides of the House have been well represented today—for their contributions.
As a number of Members have said, there are now only seven weeks until the start of COP26, when parties will come together in Glasgow to accelerate action towards the goals of the Paris agreement and the United Nations framework convention on climate change. COP26 will be the moment that we will secure a path to global net zero emissions by 2050 and define the next decade of tackling climate change. Together with our Italian partners, with whom we co-host the event, we will work to prevent global temperatures from rising by more than 1.5° C and protect our planet and people from the intensifying impacts of climate change.
To achieve that, the UK has spent the lead-up to COP26 taking four key goals to Governments across the world. Those are, first:
“Secure global net zero by mid-century and keep 1.5 degrees within reach”.
Countries have been asked to come forward with ambitious 2030 emissions reductions targets that align with reaching net zero by the middle of the century. To deliver on those stretching targets, countries will need to accelerate the phase-out of coal, curtail deforestation, speed up the switch to electric vehicles and encourage investment in renewables, among other things.
The second of those key goals is:
“Adapt to protect communities and natural habitats”.
The climate is already changing, and it will continue to change even as we reduce emissions. At COP26 we need to work together to enable and encourage countries affected by climate change to protect and restore ecosystems and build defences, warning systems and resilient infrastructure and agriculture, to avert, minimise and address loss of and damage to homes, livelihoods and, sadly, in some cases even lives.
The third goal is “Mobilise finance”. To deliver on our first two goals, developed countries must make good on their promise to mobilise at least $100 billion a year in climate finance by 2020. International financial institutions must play their part and we need to work towards unleashing the trillions in private and public sector finance required to secure global net zero.
The fourth goal is “Work together to deliver”, a key theme in today’s debate. We can only rise to the challenges of the climate crisis by working together. At COP26, we must finalise the Paris rulebook—the detailed rules that make the Paris agreement operational—and accelerate action to tackle the climate crisis through collaboration between Governments, businesses and civil society. Again, that is a key point made by many Members today.
Working together also extends to working together across all parts of the United Kingdom. The UK Government are committed to working with the Scottish Government, the Welsh Government and the Northern Ireland Executive to ensure an inclusive and ambitious summit for the whole UK. All parts of the UK will have important roles to play in ensuring the summit’s success.
On summit preparations, the UK Government, on behalf of the UNFCCC, is delighted to be hosting COP26. As we prepare for November, we wish to create a safe, secure, sustainable and inclusive COP26 that sets the conditions for outstanding policy outcomes. We want this to leave a lasting legacy of change in Glasgow, Scotland and the UK, leaving Glasgow flourishing as the host city, while representing value for money for the UK taxpayer. The Government are working closely with public health officials across the UK, the Scottish Government, all our partners and the UNFCCC to enable relevant delegates to participate on an equal footing, while also using technology to make the summit as inclusive as possible. In common with many international events, how COP operates has to adapt to the covid context, so we are making suitable arrangements for that.
The Scottish Government, Glasgow City Council, Public Health Scotland and all the emergency response services in Scotland must be recognised for their work in that.
Ronnie Cowan (Inverclyde) (SNP)
Beyond the established blue zones and green zones, we also have the fringe around COP26: a very inclusive community with community involvement. A huge part of COP26 is about communities talking to politicians and putting pressure on us to do the right thing. I am delighted that SWG3 has the hub sponsored by The New York Times, which has been organised by Louise Hunter, a constituent of mine.
David Duguid
I am sure that the hon. Gentleman’s constituent will appreciate that mention. With regards to the role of devolved Administrations—the key point of the debate—the COP26 devolved Administration ministerial group, which the COP President-designate chairs, ensures effective engagement and collaboration on COP26 with Ministers in all the devolved Administrations. The most recent one, which I was delighted to attend, took place yesterday. The CPD also regularly speaks to the relevant Scottish Government Minister, Michael Matheson MSP, on the operational matters that I described earlier.
On the role of First Ministers, all parts of the UK will have important roles to play in ensuring the summit’s success in line with precedents, and we expect First Ministers and Ministers from the devolved Administrations to play a role, including as part of the UK delegation. The Prime Minister has said that he wants the First Ministers to play an important role. Discussions are ongoing.
Before I conclude—we are pushed for time—I will reflect on a few things said by the CPD in response to a Scottish Parliament Committee this morning. He said that the UK Government welcome the devolved Administrations providing further views on where they wish to be involved. The UK Government will shortly engage with the Presiding Officers of all the devolved legislatures to invite Members to express an interest in attending COP26 in the blue zone. He has ongoing engagement in chairing the UK Mayors and Regions Advisory Council, which includes input from mayors and councils across the United Kingdom.
Anna McMorrin
I thank the Minister for being generous. Will the devolved Administrations be within the negotiating team in the delegation? Will they be in the room, taking part in the delegation?
David Duguid
Like I said earlier, there will be a net zero committee—[Interruption.] Fundamentally, as the shadow Minister acknowledged, the United Kingdom is the negotiating party, but, as I said—I will refrain from going into detail, because hon. Members are in their places for the following debate—we are committed to getting as much involvement as we can from the devolved Administrations and parliamentarians in those devolved Assemblies in the run-up to the negotiations. I thank hon. Members again for their valuable contributions and for their support to date as we continue preparations for the United Nations climate change conference, COP26, in Glasgow.
Draft Environmental Authorisations (Scotland) Regulations 2018 (Consequential Modifications) Order 2021
David Duguid Excerpts(2 years, 9 months ago)
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The Chair
Before we begin, I remind Members that Mr Speaker has stated that the wearing of masks is encouraged. Hansard colleagues would be grateful if Members could send any speaking notes to hansardnotes@ parliament.uk.
The Parliamentary Under-Secretary of State for Scotland (David Duguid)
I beg to move,
That the Committee has considered the draft Environmental Authorisations (Scotland) Regulations 2018 (Consequential Modifications) Order 2021.
It is a pleasure to serve under your chairmanship today, Ms Fovargue. The draft order was laid before the House on 8 June 2021, and I am pleased to have the opportunity to discuss environmental regulation for Scotland, especially in relation to the serious matter of radioactive substance control. The order will provide environmental protection to Scotland by ensuring that legislation required to implement safety standards for protection against dangers that arise from exposure to radiation is extended to the offshore sector.
If the draft order is not taken forward, two different regulatory regimes will continue to operate in Scotland for radioactive substances in onshore and offshore areas, and the order will ensure that a high level of environmental regulation for radioactive substance activities is maintained in Scotland. As local environmental matters are largely devolved in Scotland, I am glad to be discussing today legislation which represents an excellent example of this Government’s commitment to strengthening the devolution settlement and delivering for the people, businesses and industries of Scotland.
This statutory instrument, known as a Scotland Act order, is made as a consequence of the Environmental Authorisations (Scotland) Regulations 2018. The Scotland Act 1998 and the subsequent Acts of 2012 and 2016 have devolved significant powers to Scotland. Scotland Act orders are a form of secondary legislation made under the 1998 Act and are used to update, implement or adjust Scotland’s devolution settlement. The order before us today is a section 104 order, which allows for necessary or expedient legislative provision in consequence of any provision made or under any Act of the Scottish Parliament or secondary legislation made by Scottish Ministers. In this instance, provision is required in consequence of the previously mentioned 2018 regulations.
The 2018 regulations introduced a single integrated framework for environmental authorisations in Scotland for activities around radioactive substances. The regulations repealed the previous framework regime in Scotland, which was provided for in the Radioactive Substances Act 1993. The purpose of the draft order before the Committee is to ensure that the 2018 regulations have the same extent as the 1993 Act previously did. To that end, the order makes consequential amendments to article 4 of the Civil Jurisdiction (Offshore Activities) Order 1987 and section 7 of the Continental Shelf Act 1964. In both cases, amendments are being made so that the legislation refers to the 2018 regulations, not the repealed 1993 Act. The changes will deem installations in the offshore area to be part of Scotland insofar as they apply to radioactive substance activities.
The 2018 regulations introduced a new regulatory framework for activities using radioactive substances and modernised radioactive substances legislation that had been in force for over 50 years. The coming into force of this order will therefore bring consistency and efficiency to the regulation of radioactive substances in Scotland, meaning that all the advantages brought in by the 2018 regulations will now also apply offshore. The amendments are also important because they allow the 2018 regulations to implement fully the new safety requirements of the Euratom basic safety standards directive. These measures are required to ensure safety standards against dangers that arise from exposure to radiation, and the elements outlined by the BSSD cannot be fully implemented until this order comes into force.
The territorial extent and application of the draft order is Scotland, as it amends only the 1987 order and the 1964 Act in their application to Scotland. That legislation has already been amended in similar way for England and Wales.
In summary, this draft order supports a strong environmental framework and relevant safety measures in Scotland for radioactive substance activities. By amending article 4 of the 1987 order and section 7 of the 1964 Act, we are ensuring that the 2018 regulations have the same extent as the 1993 Act did previously in Scotland in relation to the offshore area. The instrument has the support of both of Scotland’s Governments. The need for this order and its contents have been agreed by both the UK and Scottish Governments. It is positive to see us all working together deliver for the people, businesses and industries in Scotland, and I commend the draft order to the Committee.
David Duguid
I thank the hon. Gentleman for his comments and questions.
I am not in a position to comment on the SEPA cyber-attack, but I suspect that both the UK and Scottish Governments are working with SEPA and other bodies in all areas at potential risk of cyber-attack. However, I can find out more about that and write to the hon. Gentleman.
More generally on SEPA, although it specifically operates in Scotland, it engages routinely with the relevant regulatory bodies and industry groups right across the UK for obvious reasons. Radioactive substances do not just travel back and forth from onshore to offshore in Scotland, but in some cases from offshore in Scotland to offshore in England, for example.
The hon. Gentleman also asked about the dangers of the 2014 White Paper on an independent Scotland, although it is probably best that I do not comment on that too much. I do not think it would be classed as a radioactive substance under the regulations, but I might be tempted to agree with him on its potential danger.
I thank the hon. Gentleman for his valuable contribution this afternoon. Through our amendments to the 1987 order and the 1964 Act we are facilitating the continuation of a strong environmental framework and robust safety regulations for activities relating to radioactive substances in Scotland. We are ensuring that references to the aforementioned legislation are amended to refer to the 2018 regulations instead of the 1993 Act, ensuring that installations in the offshore area are deemed to be part of Scotland for the purposes of those regulations insofar as they apply to radioactive substance activities. Importantly, they represent a step towards implementing safety standards for protection against the dangers that arise from exposure to radiation and, as I said, the BSSD provisions cannot be fully implemented until this order comes into force.
The order demonstrates this Government’s commitment to strengthening the devolution settlement. It shows Scotland’s two Governments working together for its people, businesses and industries and will ensure that Scotland is operating a single regulatory regime both onshore and offshore in line with the approach in other parts of the UK. I therefore the commend the draft order to the Committee.
Question put and agreed to.
Scotland Act 1998: Role of the Lord Advocate
David Duguid Excerpts(2 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Scotland (David Duguid)
I thank the hon. Member for East Lothian (Kenny MacAskill) and congratulate him on calling this Adjournment debate. I know that he and others—he in particular—have taken a keen interest in this subject. I am grateful for the opportunity to hear his views and those of others on this important constitutional issue, particularly in the light of the hon. Member’s former role as Cabinet Secretary for Justice in the Scottish Government.
I recognise the concerns that the hon. Member raised during his speech regarding the dual role of the Lord Advocate, both current and historical—we always enjoy a bit of Scottish history when we hear the hon. Member speak in this place—as the senior legal adviser and the most senior Law Officer. The hon. Member referenced specific cases. I hope he understands that it would be inappropriate for me or any Minister to comment specifically on those cases at this point. Although the UK Government would have a role to play in any changes to the role of the Lord Advocate, I stress that it would be inappropriate for me to speculate on what action should be taken at this time. I will therefore provide some context on the role of the Lord Advocate before I explain the set process that any changes must go through before the UK Government can take a position.
Joanna Cherry
I hear that the Minister is not going to speculate or set out a plan, but does he agree that one route might be for this Parliament to pass a Bill amending the Scotland Act so that the dual role of the Lord Advocate could be revisited by the Scottish Parliament? Of course, under the current Scotland Act, the role of the Lord Advocate is reserved to this Parliament. Does he agree that one potential way forward would be to pass very straightforward Bill that gave the power to change the role to the Scottish Parliament?
David Duguid
I will be coming to that point in a bit more detail later in my response. Although that is possible in theory, I will explain later why in practice the UK Government would choose not to go directly down that route. If the hon. and learned Lady will forgive me, I will come back to that in a minute or two.
The context of the role of the Lord Advocate is the Scotland Act 1998, which I will refer to, for brevity, as the 1988 Act. Section 48 of that Act makes provision regarding the appointment of the Lord Advocate and their removal from office. The 1988 Act itself came about after 74% of voters in the 1997 devolution referendum were in favour of a Scottish Parliament. The subsequent ’98 Act devolved significant powers to Scotland and legislated for the establishment of a Scottish Executive, later known as the Scottish Government, and a Parliament. The Scottish Parliament took responsibility in areas such as education, law enforcement, health and social care, and local government, among others, but there are many others that remain the prerogative of the UK Parliament through schedule 5 to the Act. There are too many to list, but a few examples would be foreign affairs, international trade, defence, national security, energy and, of course, the constitution.
Since 1998, there have been two major adjustments to the devolution settlement, the Scotland Acts of 2012 and 2016. The 2012 Act represented the first transfer of fiscal powers from Westminster to the Scottish Parliament following devolution. After the independence referendum of 2014, where the clear majority voted to stay in the Union, and after the Smith Commission, the 2016 Act was passed to transfer a range of tax and welfare powers to the Scottish Parliament. These Acts have created one of the most powerful devolved Parliaments in the world and give the Scottish Government power over numerous aspects of Scotland’s governance.
As hon. Members will be aware, the Lord Advocate is the Scottish Government’s most senior Law Officer and principal legal adviser—that is the topic of this debate. Section 48 of the 1998 Act, in addition to providing for the appointment of the Lord Advocate and their removal from office, also makes provision for the independence of the Lord Advocate in their capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland. This was to ensure the traditional independence of the Lord Advocate when taking decisions related to those matters continued after they became a member of the Scottish Government.
The Lord Advocate’s role as head of the systems of criminal prosecution and investigation of deaths is, in section 29 of the 1998 Act, protected from modification by an Act of the Scottish Parliament. The hon. Member for East Lothian has mentioned the limitation on legislative competence in section 29, and any formal separation of responsibilities would require legislation. Although the UK Government have the power to bring forward legislation to make this change, in practice we would want to ensure the Scottish Government have first put their proposals to the Scottish Parliament for scrutiny.
Jim Shannon (Strangford) (DUP)
This is a complex matter, but does the Minister not agree that there is distrust and conflicting opinions on the division of the role of the Lord Advocate within the Scottish Parliament and Holyrood, and that these proposals would need to be scrutinised before the Scotland Act 1998 is changed? Does he further agree that these matters must be addressed in Holyrood before Westminster is expected to change law?
David Duguid
I thank the hon. Gentleman for his timely intervention, because that is kind of the point I was making. Although the UK Government, as I said to the hon. and learned Member for Edinburgh South West (Joanna Cherry), have the power to bring forward such legislation, in practice we would want to ensure that the Scottish Government have put the proposals to be scrutinised by the Scottish Parliament. It is therefore a matter for the Scottish Government, in the first instance.
It is only right that the Scottish Parliament has an opportunity to scrutinise and debate these proposals. Only once these proposals are agreed in principle in the Scottish Parliament would we expect the Scottish Government to make a formal representation to the Secretary of State for Scotland, as custodian of the devolution settlement, and then the UK Government would consider the next steps.
As I think the hon. and learned Lady said, the SNP made a manifesto commitment ahead of the recent Scottish parliamentary elections to consult on whether the dual function should be separated in the future. It is right that our colleagues at Holyrood, rather than UK Ministers, take the lead on deciding what must now happen, or at least they should take that first step. We have not received, as far as I know at this time, any requests from the Scottish Government to amend the 1998 Act, and it would therefore be premature for the UK Government to comment further on that point.
Neale Hanvey
Surely there is nothing to prevent the Scottish Government from returning to the arrangement of the Salmond Government, where the Law Officer recused himself from Cabinet discussions on an informal basis, despite the separation of powers not being in place. That would at least show some willingness towards a formal separation, or towards a consideration of that matter before the Scottish Parliament.
David Duguid
I thank the hon. Gentleman for his intervention. Of course, what he is referring to is an informal arrangement, and by definition there would be nothing to stop such an informal arrangement if that was agreed by those involved, but again the question is not one for me, as a UK Government Minister, to decide.
The UK Government continue to work closely with the Scottish Government on all amendments to the 1998 Act to ensure that we are delivering together for Scotland. Devolution, brought about by that Act, is the means by which our two Governments work together. It is also the means by which we continue to live in one of the most successful and long-lasting political unions in history, as part of a devolution settlement that is aimed—and we strive for this, at least—to strike the right balance.
Question put and agreed to.
Oral Answers to Questions
David Duguid Excerpts(2 years, 10 months ago)
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Wendy Chamberlain (North East Fife) (LD)
The Parliamentary Under-Secretary of State for Scotland (David Duguid)
I and other UK Government Ministers are in regular contact with the Scottish Government and other devolved Administrations to try to secure the harmonisation particularly of covid-19 guidance when it comes to regulations on international travel, while at the same time of course respecting devolved competence in matters such as public health.
Wendy Chamberlain
Golf tourism plays a major part in the local economy of North East Fife, particularly as St Andrews is the home of golf. There is a whole ecosystem built up around golf tourism, including accommodation, hospitality and inbound tour operators. The majority of these tourists come from north America and then travel to other golf courses around the UK, and there are concerns about the incoherent travel rules between the four nations and restrictions within the four nations deterring those visitors. Can I therefore ask the Minister to outline what steps he is taking to reach consensus, particularly in relation to the US?
David Duguid
I thank the hon. Lady for her question, which is pertinent not just for golf tourism but for whisky tourism and tourism in general across Scotland. The UK Government are committed to full alignment with the devolved Administrations, because we recognise the importance of such alignment for public compliance, as well as for business confidence and for tourism. We share the data, and we have created the structures to make that happen. However, we also respect the right of the devolved Administrations to make their own decisions on devolved matters. Thankfully, the differences in the exemptions, particularly for international travel, are not currently that material and can be justified as legitimate differences, but I do take on board the comments she made about golf tourism specifically.
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
This morning we heard that as a direct result of the baffling and inconsistent travel ban placed on Scots going to Greater Manchester, easyJet has cancelled its newly announced route from Aberdeen to Manchester, putting at risk many jobs in north-east Scotland. What work is being done, and may I beg the Minister and the Scotland Office to ensure that in the reopening of international travel, the same rules and regulations will apply around the entirety of the UK, instead of leaving the Scottish aviation sector and the thousands of people it employs at the mercy of a Scottish Government who have completely abandoned them?
David Duguid
My hon. Friend and I share a lot in common, not least the regular use of Aberdeen airport, to which he refers, and the fact that we both have wives who were not born in this country and unfortunately have not been able to visit their families for the last year and a half. That aside, on the specific issue about easyJet and the flight to Manchester, it has made a commercial decision, announced today, in response to the Scottish Government’s decision to regulate to prohibit travel to Manchester. The Scottish Government decision has been widely criticised as disproportionate; clearly Scottish Government Ministers will be keeping travel regulations under constant review, and there are calls for this regulation in particular to be reviewed in closer consultation with all interested parties. The Scotland Office would be happy to facilitate that, if helpful.
Stephen Flynn (Aberdeen South) (SNP)
UK Government Ministers talk about a single approach, but, if we cast our minds back just a couple of months ago, travellers from India into Scotland faced managed hotel quarantine whereas the same travellers into England did not, and the consequences of that inaction are clear for all to see with the delta variant now dominant right across the UK. So I ask the Minister, does he regret the damage caused to Scotland’s covid-19 recovery as a result of his Government’s failure to follow Scotland’s lead?
David Duguid
What I regret, particularly considering the hon. Gentleman’s constituency, is that the Scottish Government did not, despite the repeated calls from the oil and gas industry, from MSPs, and from MPs who, like him, represent constituencies in the north-east of Scotland, give the same allowance for oil and gas workers from amber list countries that was allowed to them by the rest of the UK.
Mark Fletcher (Bolsover) (Con)
Draft UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Consequential Provisions and Modifications) Order 2021
David Duguid Excerpts(2 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Scotland (David Duguid)
I beg to move,
That the Committee has considered the draft UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Consequential Provisions and Modifications) Order 2021.
It is a pleasure to serve under your chairmanship, Dame Angela, at my first delegated legislation Committee. I hope that everyone is relatively gentle with me.
The draft order was laid before the House on 14 April 2021 and debated in the other place on Tuesday 8 June. I am grateful for the opportunity to discuss the important matter of environmental governance in Scotland.
Scotland’s environment, its wilds places and its habitats, is world renowned for its beauty and diversity. It is fundamental to the health and quality of life of the people of Scotland and our economy. Today’s debate is important to ensure Scotland’s high standards of environmental governance are maintained and perhaps exceeded.
The order will implement the establishment of Environmental Standards Scotland, a new environmental governance body for Scotland, which I will subsequently refer to as the ESS. With environmental matters largely devolved to Scotland, the order represents an excellent example of this Government’s commitment to strengthening the devolution settlement and delivering for the people of Scotland.
This statutory instrument, known as a Scotland Act Order, is made in consequence of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, which I will subsequently refer to as the continuity Act. Scotland Act Orders are a form of secondary legislation made under the Scotland Act 1998. That Act devolves powers to Scotland, and the orders are used to implement, update or adjust Scotland’s devolution settlement.
The order before us today is a section 104 order, which allows for necessary or expedient legislative provision in consequence of an Act of the Scottish Parliament. In this instance, provision is required in consequence of the previously mentioned continuity Act. That Act received Royal Assent on 29 January 2021. As many hon. Members will know, that Act allows Scottish law to continue to keep pace with future EU developments, following the UK’s exit from the EU.
The Act also establishes a new system of environmental governance for Scotland, including establishing the aforementioned governance body, the ESS. That governance body, independent of the Scottish Government and accountable to the Scottish Parliament, is tasked with enforcing compliance with environmental law by Scottish Ministers and devolved public authorities in Scotland. For the purposes of the Act, the “environment” is defined as
“all, or any, of the air, water and land”
and
“includes wild animals and plant life”
and their habitats.
The purpose of today’s debate is not to consider the content of the continuity Act, as that has been done by the Scottish Parliament, but to examine the amendments to reserved legislation that the order seeks to update.
The order will make the ESS part of the Scottish devolved Administration. That will provide for its designation as a non-ministerial office. Furthermore, the order amends the House of Commons Disqualification Act 1975 by adding the ESS to the list of bodies whose members are disqualified from being Members of the House of Commons. That is required to ensure the independent basis of the body’s work, as without it, members of the ESS could, in theory, stand for election to this place.
The order also ensures that the Lord Advocate cannot sue or be sued in place of the ESS by disapplying the Crown Suits (Scotland) Act 1857 so that it does not apply to the ESS. The order is deemed necessary because without it, and the minor amendments it makes to UK legislation, the ESS could not be confirmed as a body of the Scottish Administration by the Scottish Government. The territorial extent and application of the order is, however, the United Kingdom. Although environmental governance is a matter devolved to Scotland, UK-wide extent and application is required as the order amends reserved legislation.
Up until now, the ESS has been operating on a shadow basis since 1 January 2021. However, the provisions of the continuity Act, which establishes the ESS as a statutory body and provides it with statutory powers and functions, cannot function until the order has been passed. It is necessary for the ESS to have its full range of statutory powers to ensure that there is no gap in environmental governance now that the UK has left the EU.
The ESS will also provide scrutiny of the effectiveness of environmental law, its implementation and its application. It has been established to replace the role previously fulfilled by the European Commission. The ESS will have powers to investigate compliance with, and the effectiveness of, environmental law and environmental standards, either in response to representations or on its own initiative. It will be expected to try to resolve problems by agreement with public authorities, without having recourse to its formal powers where possible.
The legislative amendments under consideration today are required to reserved legislation to give full effect to the ESS and allow it to carry out its functions. It will assume statutory powers and functions once fully vested.
In summary, the instrument provides strong environmental governance for Scotland, facilitating the full implementation of the ESS by adding the body to the Scottish Administration and amending the House of Commons Disqualification Act 1975 to ensure that ESS members cannot become Members of the House of Commons. It will also disapply the Crown Suits (Scotland) Act 1857 in relation to the ESS, ensuring that the Lord Advocate cannot be sued in place of the ESS.
The instrument has the support of both the UK and the Scottish Governments . The need for an order and its contents have been agreed by officials and Ministers in London and Edinburgh. I must say that it is positive to see Scotland’s two Governments working together to strengthen the devolution settlement. For those reasons, I commend the order to the Committee.
David Duguid
I will attempt to answer the hon. Gentleman’s questions as best as I can.
On COP26, I totally agree that it would be great to have the Glasgow agreement listed along with Copenhagen, Paris and Kyoto. That is very much the intention. It provides a unique opportunity to support relationship building and collaboration between not just the UK Government and the rest of world, but within the UK and its devolved Administrations. It will be very important to collaborate across the UK on the COP objectives and to improve scrutiny of climate change by learning from international best practice. Scotland already has one of the world’s most ambitious frameworks for emissions reduction and the ESS mission statement is to
“ensure that Scotland’s environmental laws and standards are complied with, and their effectiveness improved—to achieve Scotland’s ambitions for the environment and climate change.”
As I said earlier, the ESS’s remit relates specifically to the domestic area of Scotland, but in common with every organisation in the UK, it will have something to say about COP26 and the management of climate change in the future.
On governance, the hon. Gentleman asked how we can make sure the independent ESS remains just that, and how it will be held to account. The ESS is a non-ministerial public body, accountable to the Scottish Parliament. After the end of each financial year, it will publish a report on its annual activities and a copy of that will be sent to Scottish Ministers and laid before the Scottish Parliament. As a new body, the ESS must produce a strategy to set out how it will exercise its powers and functions. An interim strategy is under development for release to coincide with the ESS becoming fully vested later this year, and that strategy will be subject to consultation and laid before the Scottish Parliament for approval before its publication. It is expected that the ESS will work hand in hand with the new UK Parliament assigned body, the Office for Environmental Protection. It is expected that they will work in conjunction to ensure that there is not too much divergence within the UK.
The hon. Gentleman asked how the ESS will apply policies that have been developed in Europe to Scotland. Under the terms of the order, the ESS will keep under review developments in international environmental protection legislation, not just according to EU law but best practice around the world. Again, it will work hand in hand with the OEP to deliver that.
I thank hon. Members for their valuable contribution to the debate, and thank you, Dame Angela. By making the ESS part of the Scottish devolved Administration, as a non-ministerial office, the order facilitates the full implementation of Scotland’s new environmental governance body. Amending the House of Commons Disqualification Act 1975 will also ensure that the body remains independent and can function effectively to monitor and secure compliance by public authorities in Scotland of environmental law. Although we can pass legislation in this place to ensure that members of the ESS cannot become Members of the House, the relevant legislation in Scotland has similar powers to ensure that no member of the ESS can become a Member of the Scottish Parliament. That adds to the body’s independence.
I commend the order to the Committee.
Question put and agreed to.
Oral Answers to Questions
David Duguid Excerpts(3 years ago)
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Alexander Stafford (Rother Valley) (Con)
The Parliamentary Under-Secretary of State for Scotland (David Duguid)
I have regular discussions with ministerial colleagues, as well as industry stakeholders, on the opportunities that COP26 offers across Scotland. The COP26 devolved Administration ministerial group brings together the COP26 President, territorial Secretaries of State and devolved Administration Ministers to support the delivery of an inclusive and welcoming COP26 summit that is representative of the whole United Kingdom.
John Howell [V]
Last year, the SNP Government missed their own legal emissions targets, with source emissions in Scotland actually increasing by 1.5% in 2017-18. Does my hon. Friend agree that, as we approach the crucial COP26 summit in Glasgow later this year, the Scottish people deserve a Government who are 100% focused on a green recovery, not on another divisive independence referendum?
David Duguid
I am sure you will agree, Mr Speaker, that it is not for me to answer for the failings of the Scottish Government. However, I assure my hon. Friend that the UK Government are absolutely focused on achieving a green recovery, as set out by the Prime Minister in his 10-point plan last year. This Government are also focused on safeguarding the Union, and I agree with my hon. Friend that a divisive referendum on Scotland’s separation from the UK at this time would be an irresponsible distraction from the necessary work required towards that green recovery.
Alexander Stafford
I welcome the ambitious new target that the Government set last week to cut the UK’s carbon emissions by 78% by 2035. Does my hon. Friend agree that in the run-up to the crucial COP26 summit later this year, it is more important than ever for all parts of the UK to work together so that we can meet that target and build back better and greener from the pandemic?
David Duguid
I completely agree with my hon. Friend. Our proposed world-leading target marks a decisive step towards net zero by 2050 and would reduce greenhouse gas emissions by 78% by 2035, compared with 1990 levels. Through this year’s COP26 summit, we will urge countries and companies around the world to join us in delivering net zero globally. We continue to work together throughout all parts of the UK to achieve our net zero ambitions and a green recovery from the covid-19 pandemic.
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Minister should be embarrassed that renewables generators in Scotland face the highest locational grid charges in the whole of Europe. Ahead of COP26, we need to see a route to market for pumped-storage hydro and for wave and tidal, the go-ahead given for Acorn carbon capture and storage and a contract for difference for hydrogen. What capability does the Scottish Office, working with Cabinet colleagues, have to get those matters resolved?
David Duguid
I thank the hon. Gentleman for his question. I share his enthusiasm for all things related to energy renewables, but he will know as well as I do that, by law, transmission charging is a matter for Ofgem as the independent regulator. I imagine that he will also be aware that Ofgem is currently considering some aspects of transmission charging arrangements through its access and forward-looking charges review.
Angela Crawley (Lanark and Hamilton East) (SNP) [V]
The SNP Scottish Government have committed to doubling their climate change justice fund if re-elected next week. This £21 million fund is used to help combat the effects of climate change in the global south while we tackle carbon emissions at home. In the year of COP26, will the UK Government follow Scotland’s lead and commit to a comparable climate justice fund to help those affected by climate change?
David Duguid
Not only will we commit to a comparable financial commitment, but the recent spending review committed to spending £12 billion on green measures to support the 10-point plan and boost the UK’s global leadership on green infrastructure and technologies, not just ahead of COP26 this year, but beyond as well.
Andrew Gwynne (Denton and Reddish) (Lab)
Scotland: General Election and Constitutional Future
David Duguid Excerpts(3 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Scotland (David Duguid) [V]
I beg to move amendment (b), to leave out from “House” to end and add
“believes the priority of the Scottish people is to recover from the effects of the covid-19 pandemic, and that it would be irresponsible to hold a referendum at this time.”.
I am grateful to be able to speak in this Opposition day debate. My ministerial colleague, my hon. Friend the Member for Milton Keynes South (Iain Stewart), will be closing the debate for the Government and I look forward to hearing his response to the many Back-Bench contributions today. I am pleased to be able to respond to this motion, as it is important to set out why the hon. Member for Edinburgh East (Tommy Sheppard) and his party’s focus on divisive debates about separation is irresponsible. We are currently recovering from the worst public health crisis in a century and the deepest recession in our history, and the people of Scotland voted decisively in 2014 to remain part of the United Kingdom. That is the context of this debate.
The people of our United Kingdom want and expect us to focus on fighting covid-19. They rightly expect us to focus on protecting jobs with furlough payments, ensuring our children catch up on their missed education, and finding jobs for our young people. They expect us to focus on building back better and building back greener. The people of Scotland rightly expect their two Governments to work together to deliver these priorities. Yet in the middle of this, the Scottish National party has tabled this motion for an Opposition day debate, not to discuss what more we can do to work constructively together and drive our recovery from covid-19, but instead to promote separation and the pursuit of another divisive and damaging referendum on independence.
The motion does not focus on anything practical or suggest solutions to the real challenges facing people at the moment. It does not propose ideas for how we can work together to deliver better outcomes for all citizens and businesses across Scotland and the rest of the United Kingdom, but we have already seen that, with the UK pulling together, we can progress quickly on the road to recovery. For example, in our vaccine programme, which is our path out of lockdown and to more normal times and lives, we have vaccines pioneered in the UK, trialled in the UK and made across the UK, including in Scotland, to protect the people of the UK and the world. In this team effort, the UK Government have bought the vaccines and are making sure every part of the UK gets its fair share, and the British armed forces are helping to establish new vaccine centres right across Scotland and to vaccinate people. As a result of our collaboration around 2 million people have already been vaccinated in Scotland.
We are collaborating on testing, too. We are providing sites across Scotland, including seven drive-through testing centres, 33 walk-in centres, over 20 mobile testing units, and the Lighthouse laboratory in Glasgow. Overall, the United Kingdom Government have provided around 60% of all tests in Scotland and, alongside that, the UK Government continue to drive forward our ambitious programme for economic growth.
The Chancellor’s Budget earlier this month demonstrated the Government’s commitment to operating on a truly UK-wide basis, from extending the furlough and self-employment schemes to the levelling-up fund, benefiting citizens and businesses right across the country. We are boosting funding for all communities and all parts of the UK, with a £200 million fund to invest in local areas ahead of launching the UK shared prosperity fund in 2022. This fund will help to level up and create opportunities across the UK in places most in need, such as former industrial areas, deprived towns, and rural and coastal communities, as well as help people who face labour market barriers.
Our ability to do this is underpinned by the United Kingdom Internal Market Act 2020, passed in this place at the end of last year. The Act guarantees that UK companies can trade unhindered in every part of the UK, protecting jobs and livelihoods across the country. The financial assistance power taken through the Act covers infrastructure, economic development, culture and sport, and will support educational and training activities and exchanges both within the UK and internationally. As well as allowing the UK Government to deliver the UK shared prosperity fund, the power will also be used to deliver the new Turing scheme for students across the UK to study and work not just in Europe, but around the world.
There are numerous examples of where our interconnectedness, shared bonds and the value of all parts of the UK working together are clearly evident. The Union connectivity review, for example, is looking at how we better connect the different parts of the UK to boost our economy. We will be bringing at least one freeport to Scotland, and that is on top of the £1.5 billion that we are currently investing in city and region growth deals all across Scotland, in every region.
Just yesterday, the integrated review was published. This sets out the Prime Minister’s vision for the UK in 2030: a stronger, more secure, prosperous and resilient United Kingdom; a problem-solving and burden-sharing nation with a global perspective. Scottish capabilities in defence, space, cyber, maritime industries and many others contribute immensely to the security of our shared nation.
Furthermore, the Prime Minister recently set out his ambitious 10-point plan for a green industrial revolution —an innovative and ambitious programme of job creation that will support levelling up and up to 250,000 jobs. The plan will mobilise £12 billion of UK Government investment across green energy, nature and innovation technologies across the country in areas such as carbon capture, utilisation and storage, hydrogen and offshore wind. I personally expect Scotland to benefit hugely from this, becoming a global centre of excellence for energy transition.
Across the whole United Kingdom, there is far more that unites than divides us, so we should be here today using the time constructively to debate how we can best lead the recovery of our economy and our communities. We should be talking about building up, not breaking up our country. People across the United Kingdom want to see us working in partnership to tackle the pandemic and drive the recovery that we all need. That remains the top priority of the United Kingdom Government. It should be the SNP’s and the Scottish Government’s top priority, too.
Oral Answers to Questions
David Duguid Excerpts(3 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Scotland (David Duguid)
An effective response to covid-19 does indeed need to be a co-ordinated response across the UK. On 25 September, the UK Government and the three devolved Administrations published a joint statement on our collective approach to responding to covid-19. We reaffirmed our shared commitment to suppressing the virus to the lowest possible level and keeping it there while we strive to return life to as normal as possible for as many people and businesses as possible.
Jamie Stone
I raised this matter with the Secretary of State for Health yesterday, because of local concern that people in the south of England were being asked to travel to Inverness for covid tests. That is why I am concerned about the level of co-operation between the two Governments. May I press the Minister further to give me specific examples of co-operation between the two Governments?
David Duguid
I thank the hon. Gentleman for his question. Like me, although on a much larger scale, he has a rural constituency—I believe it is one of the largest rural constituencies, if not the largest. Pooling resources and using the strength of the UK economy enables the UK Government to support jobs and businesses, but the decision making on public health of Ministers in those devolved Administrations has been fully respected. There are examples of UK-funded measures that have been delivered but managed locally by the devolved Governments: we have six UK-funded drive-through testing facilities; four, or five as I believe it is, walk-through testing facilities; and up to 22 mobile testing facilities, some of which have been used to effect in the hon. Gentleman’s constituency.
Andrew Gwynne [V]
Covid-19 has been rising rapidly in many parts of Scotland and, indeed, across much of the north of England, including in my own constituency, leading to the introduction of tighter restrictions. Given the impact that these restrictions are now having on the economy, particularly on those hardest-hit sectors, will the Minister ask the Chancellor of the Exchequer to revisit his previous refusal to continue the furlough scheme with a sectoral-based approach in those nations and regions of the UK that are worst affected?
David Duguid
The UK Government have provided a host of measures to support tourism and hospitality businesses throughout this crisis. As well as the job retention scheme, which has already been extended to the end of October, new measures announced in the Chancellor’s winter economic statement include the new job support scheme, the extension of the very welcome reduction in VAT to 5% for hospitality and tourism, the deferral of VAT and other tax payments and greater flexibility in the paying back of Government-backed loans.
Liz Twist (Blaydon) (Lab)
The Parliamentary Under-Secretary of State for Scotland (David Duguid)
Both public health and tourism policies are devolved to the Scottish Government. However, I and my Office are in regular discussions with both the UK Government and the Scottish Government to identify sectoral issues in Scotland due to lockdown restrictions and co-ordinated areas of UK-wide support to the sector.
Mary Glindon [V]
Scotland’s tourism and hospitality industries have been hammered by the coronavirus restrictions and by the impact on international travel. What specific discussions has the Secretary of State had with the Chancellor on providing additional sector-specific support to these industries?
David Duguid
My right hon. Friend the Secretary of State described earlier the ongoing discussions not just between the Scotland Office and the Scottish Government, but between the Scotland Office and other UK Departments, including the Treasury, on a wide range of issues, including the impact on the tourism sector. Tourism is one of Scotland’s most important industries. This Office and I have spoken regularly with businesses and industry bodies in the past few months, and they have outlined their concerns and also their desire to reopen and to stay open as the best way to stimulate recovery.
Liz Twist
Scotland’s drinks industry has been hit hard by the US tariff on Scotch whisky as a result of the US-EU trade dispute. What discussions has the Secretary of State or the Minister had with the International Trade Secretary on this, and will the Secretary of State use his new position on the Board of Trade to stand up for Scottish industry?
David Duguid
The very short answer to that last question is: yes, of course. In response to the earlier part of the hon. Lady’s question, I can say from personal experience—having worked as a Parliamentary Private Secretary in the Department for International Trade for a while—that the Secretary of State for International Trade is fully committed to getting a deal and removing those tariffs. As my right hon. Friend the Secretary of State for Scotland said earlier, the discussions have moved on to another phase in which bilateral discussions, outside of the EU negotiation team, will be taking place.