Oral Answers to Questions

Debate between David Mundell and Tasmina Ahmed-Sheikh

Wednesday 19th April 2017 Commons Chamber

[David Mundell]

My hon. Friend is right to highlight that point. I might not like the plans to make Scotland the most taxed part of the United Kingdom, but I acknowledge that that is a matter for the Scottish Government. They will have to account for their taxation policies, and the forthcoming general election will no doubt highlight these issues.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

The average band D council tax bill in Scotland is almost £400 lower than it is in England. Will the Secretary of State’s discussions consider how local authorities in England can learn from Scotland’s successes in providing local and national services while maintaining the lowest council tax rate in the UK?

[David Mundell]

The hon. Lady may have spoken to the SNP press office, but she certainly has not spoken to councils throughout Scotland, which are uniform in their negativity in respect of the Scottish Government’s approach to local government funding.

Oral Answers to Questions

Debate between David Mundell and Tasmina Ahmed-Sheikh

Wednesday 1st March 2017 Commons Chamber

[David Mundell]

I have made it clear to the hon. Gentleman how the UK Government are approaching the Brexit negotiations and how we are fully engaged with businesses in Scotland to ensure that we understand their concerns. We can go forward on a basis that will ensure that Scotland and the whole United Kingdom get the best possible deal from the UK leaving the EU.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

Scotland’s international exports have increased by 41% since the Scottish National party Government came into office in 2007, which is a fantastic success story for Scotland. Will the Secretary of State therefore explain why the UK Government failed to negotiate any geographical indications for Scottish produce in the EU-Canada CETA trade deal?

[David Mundell]

I hope the hon. Lady’s approach on the EU-CETA trade deal is more consistent than that of her parliamentary group. On the Monday of the week when the Canada deal was discussed, SNP Members voted in favour. By the Wednesday, they somehow found that they were against.

Oral Answers to Questions

Debate between David Mundell and Tasmina Ahmed-Sheikh

Wednesday 18th January 2017 Commons Chamber

[David Mundell]

I can absolutely give that undertaking. I hope that, in conjunction with the Scottish Government, we can move forward to shape a new basis of support for Scottish agriculture, especially for those who farm in less-favoured areas. There have been multiple complaints about the operation of the common agricultural policy and its need to take into account farming practices across the continent. We now have the opportunity to have our own support mechanism and we need to work to shape it.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

14. Will the Secretary of State confirm what he said to The Sunday Times in November that the Scottish Parliament will retain full responsibility over agriculture and fisheries following Brexit and that“no powers will be re-reserved to Westminster.”Will he tell us: yes or no?

[David Mundell]

Yes.

Oral Answers to Questions

Debate between David Mundell and Tasmina Ahmed-Sheikh

Wednesday 6th July 2016 Commons Chamber

[David Mundell]

It is important that we respect the views of people we do not agree with. It has become evident that the Scottish National party cannot respect the views of the 2 million people who voted to remain in the United Kingdom in the 2014 referendum and it does not respect the people who voted to leave the EU. I do not agree with the people who voted to leave, but their views need to be respected.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

In the light of statements made by the Secretary of State for Justice and the new shadow Secretary of State for Scotland over the weekend, will the Secretary of State for Scotland give us an unequivocal confirmation that the Barnett formula will not be changed or affected as a result of the EU referendum and that Scotland’s budget will be protected?

[David Mundell]

The Government were elected on a manifesto that made it clear there would be no changes to the Barnett formula. The hon. Lady has been in several political parties over her political career. Perhaps she noticed earlier this week that there is a vacancy at the head of the UK Independence party; that might be her next destination.

Oral Answers to Questions

Debate between David Mundell and Tasmina Ahmed-Sheikh

Wednesday 11th May 2016 Commons Chamber

[David Mundell]

The biggest issue facing Scotland currently is the uncertainty over the Scottish Government’s inability to rule out a second independence referendum, which they could quite easily do. I look forward to the First Minister, if she is re-elected to that post, setting out clearly that we will not have a second independence referendum. The Scottish Affairs Select Committee has produced a good report on the work study visa, and the Government are looking at it.

[Ms Ahmed-Sheikh]

Does the Secretary of State consider that with 60% of UK landings in Scotland, a Scottish fisheries Minister should lead during the period of the UK presidency of the EU? Would not such an initiative be widely welcomed by Scottish fishermen, or is the Secretary of State still stuck in this Westminster rut of some nations being “more equal” than others?

[David Mundell]

My position is that Scotland voted decisively to remain part of the United Kingdom, and that the United Kingdom represents Scotland’s interest on fishing in the EU. The hon. Lady may be aware that the Scottish Government and the UK Government have been in discussions on intergovernmental relations, and particularly on how these issues of representation should work in the EU. My understanding is that the previous SNP-led Scottish Government were in agreement with those proposals.

Scotland’s Fiscal Framework

Debate between David Mundell and Tasmina Ahmed-Sheikh

Wednesday 24th February 2016 Commons Chamber

[David Mundell]

I absolutely agree with my hon. Friend. I am sure that he will have read my speech of 21 December delivered in Glasgow City chambers making exactly the case for devolution within Scotland. Unfortunately, in recent times, Scotland has become one of the most centralised countries in terms of government. The new Scottish Government that will be elected in May should devolve further powers. The best way to achieve that is to elect more Conservative MSPs under Ruth Davidson’s leadership.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

How great it is to follow that remark from the Secretary of State!

How does the amount agreed by the UK Government for the implementation costs compare with the Government’s current calculations for implementing the deal agreed at last week’s EU summit on benefits for foreign workers in the UK?

[David Mundell]

I welcome the hon. Lady’s question, because of course she and I were both Scottish Conservative candidates for the Scottish Parliament in the dim and distant past—[Interruption.] I am sure that the detail of this agreement and the issues that she raises will stand up to scrutiny.

Scotland Bill

Debate between David Mundell and Tasmina Ahmed-Sheikh

Monday 9th November 2015 Commons Chamber

[David Mundell]

I have said it on numerous occasions and I am very happy to say it again: the Scotland Bill, as it progresses through the House this evening, will allow the Scottish Parliament to top up tax credits, and indeed child benefit and elements of universal credit. The Scottish Government will be able to pay shorter-term payments to help anyone, regardless of whether or not they are entitled to a reserved benefit, who has an immediate need for them and whose wellbeing is at risk.

I have proposed important changes to the Bill so that the Scottish Parliament can create its own new benefits in any area of devolved responsibility. That will be achieved by new clause 34 and amendments 191 to 193. The Scottish Parliament will be able to do this without any need to consult the UK Government. This power is significant: the Scottish Parliament will no longer be able to say that it is constrained by Westminster in deciding what it does, and it will be able to choose what additional benefits to offer people in Scotland.

I must, however, make very clear a few important points about the new power that the Scottish Parliament will get to create new benefits in devolved areas. Any new benefits that the Scottish Government want to deliver will be in parallel to the benefits that are delivered by the UK Government. The new power does not affect Westminster’s ability to legislate for and to deliver support, and it does not enable the Scottish Parliament to change or amend reserved Westminster legislation in any way. The Scottish Parliament will need to both fund and deliver any new benefits from Scottish funds.

The House will be aware that we have also delivered on other areas of Smith in full. Scottish Ministers will be able to make regulations for certain elements of universal credit, such as the frequency of payments and to whom they are paid.

[Ms Ahmed-Sheikh]

For clarity on the tax credit cuts, what provision is there for those who will lose their tax credits completely, as a result of this Tory Government’s cutting agenda, in the Scotland Bill?

[David Mundell]

I do not know whether the hon. Lady is familiar with the income tax provisions in the Bill, but the Scottish Parliament will have complete control over income tax in Scotland. If it is concerned that people in work are not receiving sufficient income, it will be able to adjust those tax rates. The hon. Lady knows that tax credits are not being devolved, but she also knows that they can be topped up. She and her party have been particularly unwilling to say whether or not they propose to top up those benefits.

[David Mundell]

No, I will not give way.

SNP Members will have a whole range of benefits, but rather than put any thought into how to evolve a welfare system in Scotland, they are taking the usual SNP position—focus, focus, focus on what we cannot do, rather than telling anybody in Scotland what we can do.

[Ms Ahmed-Sheikh]

Will the Secretary of State give way?

[David Mundell]

No. I have dealt with that issue.

There was much debate in Committee on the universal credit powers. There were many inaccurate accusations that the UK Government would have a power to veto decisions of the Scottish Government. To put this beyond reasonable doubt, I have tabled amendments to clauses 24 and 25 to make it clear that there is no UK veto over decisions that the Scottish Government make in this space. Amendments 77 and 78 will strengthen the drafting of those provisions. The Secretary of State for Work and Pensions will remain legally responsible for the delivery of universal credit, but both Governments will need to work collaboratively to consider any such changes to the elements of universal credit. That is at the heart of clauses 24 and 25, and I know that our officials have already had very constructive discussions with the Scottish Government on this subject. To ensure that the record is crystal clear, let me say that there are no UK Government vetoes anywhere in these welfare and employment clauses.

I would like to emphasise that we have listened to the Scottish Government and to the debate in the House. For example, amendment 72, which enables the Scottish Government to provide non-financial assistance for maternity, funeral and heating expenses, reflects an amendment the SNP tabled in Committee. After full consideration, the Government are happy to make this change. Amendments 73, 76, 191 and 192 also relate to that provision.

All in all, this settlement fully reflects the agreement reached by the Smith commission. It ensures that the areas that the agreement said should remain reserved—pensions, universal credit, sanctions and conditionality, and employment support delivered by Jobcentre Plus—remain the responsibility of the UK Government, but, importantly, it gives the Scottish Parliament full responsibility for many areas of welfare. The Scottish Parliament will have the autonomy to legislate for large areas of welfare, and I look forward to the beginning of the debate on how it intends to use those powers.

The Smith commission agreement also recommended the devolution of abortion legislation, given that the parties to the agreement were strongly of the view that the anomalous reservation needed to be corrected. As I announced last month, UK and Scottish Ministers and officials have held discussions on the matter and reflected very carefully about the practicalities of devolution in this area.

--- Later in debate ---

[David Mundell]

The Scottish Government will have to take into consideration all the decisions that they make, because they will be responsible and accountable. I suspect that we will see a change in them. They will move from a position of making uncosted promises to one where they are held to account for where the money is coming from.

I do not agree with the Scottish Labour party’s commitment to put up the taxes of hard-working people in Scotland, but at least it is honest about it. It wants to put up tax to pay for additional benefits in Scotland. That is a fair position for it to adopt, but the Scottish National party has said nothing about how it will deploy these significant new powers.

Once again, in relation to welfare, the focus has been solely on what cannot be done rather than on applying thought and rigour to exactly what can be achieved. Benefits in Scotland can be completely redesigned in areas such as disability and carers’ benefits. They are reserved benefits that the Scottish Parliament can top up. Changes in income tax is another such matter. However, that is not where the thought process is; the thought process is entirely on what cannot be done. As we have heard in the various statements on benefits, it really has been a case of “grievo-max” rather than devo-max.

I know that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) does not agree with my position on abortion, and that she is minded to oppose this measure. However, if my amendment is carried, I will meet her and any of her concerned colleagues to discuss how we can best proceed to ensure that the matters that she set out do not come to pass. I do not believe that they will. I strongly believe that the Scottish Parliament has the capacity to deal with this issue. There is no constitutional reason why this amendment should not be made, and the Smith commission did indeed recommend that it be done. It said that it should be done sensitively and that there should be a process. I am happy to talk about that process. I know that the Scottish Government are happy to talk about that process and to engage with interested parties. On that basis, I do hope that the House will not divide on these issues.

The Government have set out their amendments—

[Ms Ahmed-Sheikh]

Will the Minister give way?

[David Mundell]

No, I will not.

The amendments set out by both Labour and the SNP in relation to this group go beyond what the Smith commission proposed. The Government amendments deliver the Smith commission in full. On that basis, I hope that the House will support the Government amendments.

Question put and agreed to.

New clause 14 accordingly read a Second time, and added to the Bill.

New Clause 34

Power to create other new benefits

‘(1) The Scotland Act 1998 is amended as follows.

(2) In Section F1 of Part 2 of Schedule 5, in the Exceptions, after exception 9 (see section [Welfare foods] above) insert—

Exception 10

Schemes which provide assistance for social security purposes to or in respect of individuals by way of benefits and which—

(a) are supported from sums paid out of the Scottish Consolidated Fund,

(b) do not fall within exceptions 1 to 9, and

(c) are not connected with reserved matters (other than matters reserved only by virtue of this Section).

This exception does not except providing assistance by way of pensions to or in respect of individuals who qualify by reason of old age.

This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

(a) the requirement for it also arises from some exceptional event or exceptional circumstances, and

(b) the requirement for it is immediate.

For the purposes of this exception “reserved benefit” means a benefit which is to any extent a reserved matter.

In this exception the reference to schemes supported from sums paid out of the Scottish Consolidated Fund does not include schemes—

(a) in respect of which sums are at some time paid out of the Scottish Consolidated Fund, but

(b) which are directly supported from payments out of the Consolidated Fund, the National Insurance Fund or the Social Fund, or out of money provided by Parliament.”

(3) Schedule 4 (enactments etc protected from modification) is amended as follows.

(4) In paragraph 2, at the end insert—

“(5) Sub-paragraph (3) does not affect sub-paragraph (1) as it applies to an Act of the Scottish Parliament so far as any matter to which a provision of the Act relates falls within exception 10 of Section F1 of Part 2 of Schedule 5.”

(5) In paragraph 3, at the end insert—

“(3) Sub-paragraph (1) does not affect the application of paragraph 2 to modifications which are incidental to, or consequential on, any provision, if it is only by virtue of exception 10 of Section F1 of Part 2 of Schedule 5 that the provision does not relate to reserved matters.”” ..—(Stephen Barclay.)

This amendment creates a new exception to the social security reservation to provide the Scottish Parliament with new powers to create new benefits. It provides competence to legislate for social security benefits the cost of which is to be met from the Scottish Consolidated Fund.

Brought up, read the First and Second time, and added to the Bill.

New Clause 15

Abortion

“In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit Section J1 (abortion).” —(Stephen Barclay.)

This amendment removes the specific reservation of abortion in part 2 of schedule 5 of the Scotland Act 1998 thereby devolving legislative competence on the subject-matter of abortion to the Scottish Parliament.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Oral Answers to Questions

Debate between David Mundell and Tasmina Ahmed-Sheikh

Wednesday 4th November 2015 Commons Chamber

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

The Secretary of State will be aware of the case of the Binn eco park in my constituency. It has the support of the local community, and the developers worked diligently to secure planning permission from Perth and Kinross Council. Despite that support, the development is threatened by the regressive approach to support for renewable energy that the UK Government have taken, putting local jobs at risk. Will he look again at the case? The development has been penalised because of a responsible approach to community engagement on planning issues.

[David Mundell]

I am always happy to look at individual cases raised by Members from Scotland. I would be delighted to meet the hon. Lady and hear more about the case she sets out.

Scotland Bill

Debate between David Mundell and Tasmina Ahmed-Sheikh

Monday 6th July 2015 Commons Chamber

[David Mundell]

I think I did hear that contribution on at least one other day during the debate, so I understand where the hon. Gentleman is coming from. I reiterate, once again, that we will reflect on the amendments that have been brought forward. I am meeting the Deputy First Minister on Wednesday to hear what the Scottish Government’s approach to many of these matters is and how we will work over the summer to look at how, together, we can improve the Bill.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

Will the Secretary of State give way?

[David Mundell]

I will not, because I have very little time to comment on all the issues raised in this debate.

I want to comment on a couple of further matters that were raised in relation to the Crown Estate, one of which was about Fort Kinnaird—which, for Members not from Scotland, is a shopping centre in Edinburgh, and apparently a very successful one. The management of the Crown Estate’s wholly and directly owned Scottish assets is what is to be transferred under the transfer scheme. Fort Kinnaird is not wholly and directly owned by the Crown—