Oral Answers to Questions

Debate between David Mundell and Tom Greatrex

Wednesday 18th December 2013 Commons Chamber

[David Mundell]

We believe that something should be done about the mess in the electricity industry that the hon. Gentleman’s party left behind. That is why we are seeking to move people on to lower tariffs, that is why we are rolling back green levies, and that is why we are encouraging competition. What his party offers is a gimmick and a con.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

7. What assessment he has made of the interim report by Sir Ian Wood on the future regulation of oil and gas extraction in the North sea.

Oral Answers to Questions

Debate between David Mundell and Tom Greatrex

Wednesday 24th April 2013 Commons Chamber

[David Mundell]

I could not agree more. David Livingstone was both a great Scot and a great Briton, who had an outward, progressive-looking attitude to the world, which exemplifies why Scotland and Britain are better together.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

I place on record my thanks to the Scotland Office and the Foreign Office for ensuring that President Joyce Banda was able to visit Scotland, particularly Blantyre in my constituency, to mark the start of the celebrations. May I draw the attention of the Minister and the House to the wide range of events happening through the year, and encourage as many people as possible to come to Blantyre in my constituency and visit the centre there and take part in the celebrations?

[David Mundell]

I thank the hon. Gentleman for noting the work the UK Government, and indeed the Scottish Government, have done on the matter. He, too, is to be commended for the part he has played in promoting the David Livingstone bicentenary. He is correct: there are a number of continuing events, and all those who wish to do so should take the opportunity to take part in them.

Referendum (Scotland)

Debate between David Mundell and Tom Greatrex

Monday 15th October 2012 Commons Chamber

[David Mundell]

I respect the long record of the Liberal Democrats and their predecessors in pursuing these issues, and no doubt, as we approach the 2015 general election, they will set out a range of proposals for the people of Scotland. It is important now, however, that we settle the question of whether Scotland remains part of the United Kingdom or becomes a separate nation state, and we can achieve that with a single-question referendum.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

The Minister referred to a legal, fair and decisive referendum. From what we have heard today, it might well be legal, but does he not accept that the question of fairness and, therefore, of decisiveness rests on the question? His inability this evening to explain what the consequences would be if the Scottish Government decided, as they indicated today they might, to ignore the advice of the Electoral Commission leaves the whole process in question.

[David Mundell]

I do not agree with the hon. Gentleman. The consequences for the Scottish Government of ignoring the Electoral Commission with the people of Scotland would be significant, and would diminish their argument in the process. I have confidence in the ability of the people of Scotland to see through it.

Scottish Separation

Debate between David Mundell and Tom Greatrex

Tuesday 10th July 2012 Westminster Hall

[David Mundell]

I am sure that many people will make that analysis. The UK Government referendum consultation showed a strong majority in favour of a single question and robust reasons why that should be the case. Seventy-five per cent of respondents agreed with the UK Government that a single question would ensure a decisive outcome. The support for a single question is clear and growing, and today’s Scottish papers—if the SNP takes any notice of them—confirm that.

All three pro-UK parties have made it clear that they support a single-question referendum. Even the SNP officially support a single question. Both campaigns in Scotland are in favour of a single question. Margo MacDonald and the Greens have now joined the call for a single question on independence. The coalition Government are offering the Scottish Government the opportunity to deliver a legal referendum by giving them the legal power that they do not currently hold. We are offering to deliver the SNP’s manifesto commitment.

The SNP won a majority at the 2011 Scottish Parliament election on the basis of a manifesto commitment to an independence referendum, not to further devolution, and it is on that single question that it can claim to have a mandate. Independence is of course the founding principle of the SNP; this is its big chance to hold the referendum that it has pledged to hold in successive manifestos. If the SNP now does a U-turn and demands a second question on the ballot paper, it will be an up-front admission of defeat and an acknowledgement that the First Minister believes that he cannot win a single-question referendum on separation.

[Tom Greatrex]

The hon. Member for Angus probably let the cat out of the bag when he talked about the Scottish Government’s and SNP’s consultation. When the results of that are analysed, does the Minister think it would be interesting and useful to see how many contributions asking for a second question came after the May local government elections, and how many came from SNP councillors and SNP members on a standard format?

[David Mundell]

That will indeed be an interesting analysis. It is quite clear that the SNP and the First Minister are prevaricating on the question of the referendum. We have been calling for talks with the First Minister to be resumed so that Scotland’s two Governments can work together to deliver a legal, fair and decisive referendum. We need to get the referendum process agreed as soon as possible, so that we can get on to the real debate about Scotland’s future and whether Scotland should remain part of the UK.

Oral Answers to Questions

Debate between David Mundell and Tom Greatrex

Wednesday 20th June 2012 Commons Chamber

[David Mundell]

Ministers both here in the UK Government and in the Scottish Government will have heard the comments of my hon. Friend, who is a respected contributor on such matters.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

11. What plans he has to mark the bicentenary of Dr David Livingstone’s birth in March 2013.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

I have met representatives of the Scotland-Malawi partnership to discuss the best way for the UK Government to mark this bicentenary. The Scotland Office will hold a commemorative event at Dover house. My officials will work with other interested parties to ensure that this anniversary is celebrated across the UK.

[Tom Greatrex]

I thank the Minister for his reply. Will he join me in supporting my invitation to the President of Malawi, Joyce Banda, to visit the UK during the bicentenary and as part of that visit to come to Blantyre, Lanarkshire, in my constituency?

[David Mundell]

I commend the hon. Gentleman for the role he has played in promoting the David Livingstone bicentenary, which has great resonance in his constituency. Yes, the Scotland Office will work with him and others to encourage the President of Malawi to come to Scotland.

Oral Answers to Questions

Debate between David Mundell and Tom Greatrex

Wednesday 11th January 2012 Commons Chamber

[David Mundell]

Obviously, as a fellow south Lanarkshire MP I am very disappointed to hear what the hon. Gentleman has to relate, and I should be very pleased to meet him to ensure that employment continues to be secured in south Lanarkshire.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

6. What discussions he has had with the Secretary of State for Work and Pensions on the work capability assessment in Scotland.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

My right hon. Friend the Secretary of State and I are in regular contact with Ministers from the Department for Work and Pensions on a range of issues concerning welfare reform. We also recently met Professor Malcolm Harrington to discuss his second review of the work capability assessment.

[Tom Greatrex]

I thank the Minister for that answer. I am sure he will be aware of a report published today by Citizens Advice entitled “Right First Time?”, which examines the high level of incorrect and inaccurate decisions made in the work capability assessment. Given the amount of money that Atos Healthcare receives from the public purse for undertaking these assessments, is it not now time for the Government to consider the report’s recommendation that financial penalties be imposed on Atos for a number of those incorrect assessments? [Interruption.]

[David Mundell]

This was one of the issues that the Secretary of State and I discussed with Professor Harrington, and as he prepares his further report, this is inevitably one of the issues he will address. [Interruption.]

Oral Answers to Questions

Debate between David Mundell and Tom Greatrex

Wednesday 14th September 2011 Commons Chamber

[David Mundell]

The hon. Gentleman will know that his constituency neighbour has already met the MOD, which has confirmed the high standard and quality of the work Remploy does in its Dundee factory. However, I urge the hon. Gentleman and everyone in Scotland with an interest to take part in the consultation.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

I am sure that the Minister is aware that as well as the Dundee factory there are seven other Remploy factories in Scotland. Does he accept that while his colleagues in the Government are talking about the importance of manufacturing it would be crass and foolhardy to embark on the closure of factories that provide goods and jobs, where public sector procurement could make the difference to ensure that they are viable in future? Will he make representations across Government to ensure that the jobs in those eight factories in Scotland are protected?

[David Mundell]

I am sure that the hon. Gentleman agrees that it is not acceptable that around 50% of disabled people are out of work and that those who are in work often do jobs that are far below their potential. Closing the unemployment gap between disabled and non-disabled people could boost the overall economy by £13 billion, and the Government want to achieve that. We are undertaking a consultation; I urge him and everyone with an interest to take part in it.

Oral Answers to Questions

Debate between David Mundell and Tom Greatrex

Wednesday 22nd June 2011 Commons Chamber

[David Mundell]

It is appropriate that there is mention of David Cairns, who gave distinguished service as a Scotland Office Minister, at this first Scottish questions since his tragic death. I assure my hon. Friend that his points will have been heard, as they were in the recent Westminster Hall debate in which he took part. The Department for Transport will make no announcement on the future of coastguard stations until the Transport Committee has reported.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

I associate myself with the comments that have been made about David Cairns.

As the Minister will know, concern is sometimes expressed in Scotland about what he actually does. In a spirit of co-operation, may I offer him an opportunity to allay that concern by expressing, in clear and unambiguous terms, his opposition to the disastrous plans of the Department for Transport to close the coastguard centre in Greenock? Will he stand up for Scotland in that regard?

[David Mundell]

As the hon. Gentleman knows, the Scotland Office always makes the case for Scotland, and for facilities and resources in Scotland. I welcome the approach of my colleagues in the Department for Transport, who say that they will listen to all representations following their consultation and await the report of the Select Committee on Transport.

Scotland Bill

Debate between David Mundell and Tom Greatrex

Tuesday 15th March 2011 Commons Chamber

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

I do not intend to detain the Committee because there are other new clauses we wish to debate.

The new clause deals with an issue that was probably neglected in the transfer of powers to the Scottish Parliament in relation to rail, and it is appropriate and sensible that we use the opportunity of this Bill to resolve that. On that basis, we intend to support it and assume, given that it is a sensible proposal on a technical issue, that the Government will not have too much of a problem with it.

[David Mundell]

I was disappointed that the hon. Member for Dunfermline and West Fife (Thomas Docherty) missed out Symington station as one of those that I continue to campaign to be reopened in my constituency, as it has brought vital rail services to that part of Scotland.

I was interested in the hon. Gentleman’s analysis of the requirements of the rail services in Scotland. His constituency counterpart, Helen Eadie, was the only Labour MSP to vote against the legislative consent motion for the Bill in the Scottish Parliament. Of course, Mrs Eadie is well known for her radical views on the Scottish rail network, proposing as she has the demolition of the Forth rail bridge. I was pleased that he did not suggest that that would fall within the powers of the Scottish Parliament.

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[Tom Greatrex]

I am grateful to my hon. Friend for her intervention, and I hope to address the point that she has raised.

Calman looked at this issue in a degree of detail. The issue was mentioned in the White Paper of November 2009, but it does not appear in the Bill. The new clause addresses Calman recommendation 5.11, which states:

“The Scottish Parliament should not have the power to legislate on food content and labelling in so far as that legislation would cause a breach of the single market in the UK by placing a burden on the manufacturing, distribution and supply of foodstuffs to consumers, and Schedule 5 to the Scotland Act should be amended accordingly.”

Calman looked at the exception of trade descriptions in relation to food from the general reservation of consumer protection issues in the Scotland Act 1998. At the same time, the devolved Administration in the Scottish Parliament have responsibility for public health. The evidence taken by Calman was largely oral, and it was instructive. The chief executive of the Food Standards Agency made it clear in oral evidence that the potential for policy divergence was a concern that should be eliminated by making a change akin to that proposed in this new clause and said that the information should be available throughout the UK. Evidence from representatives of both the Royal Environmental Health Institute of Scotland and the College of Medicine and Veterinary Medicine echoed that point and said there was a potential issue, although I am sure that the Minister will want to remind us that both of them made it clear that in practice there has not been a problem yet. This recommendation was welcomed by the Scottish Retail Consortium, CBI Scotland and the Food and Drink Federation. It was referenced in the Command Paper from which I assume the Minister will draw his remarks on this new clause, and it is a recommendation that we seek to insert into the Bill.

The Scottish Retail Consortium made a number of points about areas in which public health is not a factor, such as that a requirement to label or produce food differently in different parts of the UK places a heavy burden on retailers and manufacturers and could breach the ethos of the single market. A number of examples have been cited—for example, mandatory environmental labelling with different requirements in Scotland from other parts of the UK—that could place a financial and administrative burden on the food industry, and many of the companies affected would be small firms providing specialised products who do not wish their markets to be limited to just one part of the UK. The introduction of this measure would not stop the often successful voluntary schemes that already exist and to which the Command Paper makes reference.

The Government suggest in the Command Paper that potential activity by the Scottish Parliament in food labelling must be agreed by the UK Government and the European Commission, and therefore the protection is in place and is robust enough. The Command Paper goes on to suggest that this Calman recommendation is superfluous. There is a clear argument that it is not superfluous, but that what we require in this matter is clarity. That is the content of the representations from food manufacturers, food retailers and business organisations in Scotland.

This new clause enables the Calman commission recommendation, which mysteriously disappeared between the November 2009 White Paper and the Bill being published, to be enacted. It provides clarity, which is what the industry is looking for, and it provides an opportunity for the Government to deal with an issue that the Command Paper seems to wish to dismiss.

[David Mundell]

I welcome this opportunity to discuss a substantive issue in relation to the Calman commission report and the subsequent Scotland Bill. It compares favourably with some of the discussions and superfluous issues that have been raised by the SNP during the course of the evening.

Hon. Members will know that the Calman commission made a recommendation on food content and labelling which, as the hon. Gentleman has pointed out, is not included in the Bill. I shall set out the Government’s reasons for deciding not to include it, as was made clear in the Command Paper. Although the recommendation seems sensible on paper, it presents a wide range of difficulties in practice, and I shall set those out. As he has said, the Scottish Parliament’s report on the Scotland Bill also sought a fuller explanation for the Government’s position. The commission made the following recommendation:

“The Scottish Parliament should not have the power to legislate on food content and labelling in so far as that legislation would cause a breach of the single market in the UK by placing a burden on the manufacturing, distribution and supply of foodstuffs to consumers, and Schedule 5 to the Scotland Act should be amended accordingly.”

The commission also recommended that the Scottish Parliament’s and Scottish Government’s abilities to deal with public health issues should remain, so the recommendation does not cover this aspect, and the Government fully support that.

Importantly, and rightly, Calman recognised that food content and labelling are almost exclusively regulated at European Union level, so any scope for national flexibility at member state level when implementing this European law is extremely narrow. Hon. Members will know that general and nutritional labelling is currently being recast in a proposed European regulation. The resulting legislation will be directly applicable across the whole of the United Kingdom. A number of other labelling and food standards matters are governed by European directives.

Even where no specific food-related legislation has been adopted at European Union level, free movement principles mean that any food which can be lawfully sold in any member state must be able to be sold throughout the United Kingdom, and vice versa. Significantly, single market rules seeking to avoid barriers to trade being erected apply equally to rules applied in just one part of a member state. Any national measure would need to be notified at member state level, and clearance would need to be obtained from the European Commission before adoption. Before seeking such clearance, consideration would always need to be given to the potential for any disruptive impact within the United Kingdom.

I emphasise to right hon. and hon. Members that the Scottish Parliament is already in a position where it cannot legislate to set particular Scottish standards for food content in cases where that would breach the single European market or supplement existing European regulations. The Scotland Act prohibits the Scottish Parliament from legislating in a way that is incompatible with Community law, and Scottish Ministers have no power to carry out any executive act which is incompatible with that law—to do so would be ultra vires and any such act would have no effect.

It is relevant to the Calman commission’s recommendation that member states may restrict the free movement of goods in exceptional and limited cases. One example where that might be possible is if the Scottish Parliament were to need to take action for the purposes of public health. Again, however, Calman did not suggest any restrictions in this area. The Government are aware of only two instances where Scottish food legislation imposes different requirements from those that apply in England. First, the sale of raw milk or cream for direct human consumption is banned in Scotland but permitted, subject to certain restrictions, in England—European legislation specifically allows that. Secondly, the rules regarding food storage temperature control requirements are much more detailed in England than in Scotland. Both those differences predate Scotland’s ability to make its own legislation and both relate to food safety, not general food labelling or standards. That suggests to the Government that there is not a substantial problem to be addressed. There is therefore no need, in our view, to amend the Scotland Act.

Amending schedule 5 to the Act poses a number of possibly insurmountable problems, at the root of which is the fact that the Calman commission’s recommendation seeks to address a particular effect of legislation—that is, the breach of a single market. The purpose test that applies to the reserved matters in schedule 5 to the Act requires both the purpose and the effect of a provision to be taken into account. It is therefore possible for a provision to have an effect on a reserved matter and yet not relate to it when the purpose test is applied. Simply including a matter in schedule 5 does not guarantee that it can never be affected by legislation that is in the competence of the Scottish Parliament.

There is no precedent for enabling the Scottish Parliament to legislate on a matter provided that its legislation only has certain effects. Even if it were possible to create a new type of reserved matter, there would still be problems. Indeed, any such measure would depend on a definition of what is meant by the United Kingdom single market, which is a concept at the heart of Calman’s recommendation. Furthermore, any amendment of the Scotland Act would create a divergence between the different countries of the United Kingdom as the devolved institutions in Northern Ireland and Wales are not subject to equivalent restrictions.

To summarise, although Scottish Parliament legislation of the type that Calman’s recommendation is designed to prevent is theoretically possible, it is highly unlikely. The likelihood of the Scottish Parliament’s legislating on food content and labelling in a field where exemptions can be found from single market legislation and where any applicable European regulations can be simultaneously disapplied is very limited. The likelihood of its doing so for purposes that are not related to legitimate actions in the field of public health is extremely low.

Finally, any national measures on labelling or content where a member state may be able to act would need to be notified to the European Commission at member state level.

Scotland Bill

Debate between David Mundell and Tom Greatrex

Monday 7th March 2011 Commons Chamber

[David Mundell]

Given the hon. Gentleman’s thorough research into all matters on which he speaks, I am sure he has read in detail the Command Paper that accompanied the publication of the Bill, in which the Government set out their response to each and every Calman recommendation, and how, whether in legislation or otherwise, those are being taken forward.

Government amendment 29 to clause 3 is technical and ensures that when Scottish Ministers make orders about the administration of Scottish Parliament elections, they can include the type of technical supplementary provision set out in section 113 of the Scotland Act 1998. For example, Ministers could make different provisions for different purposes or make consequential or savings provisions. The amendment also ensures that any criminal penalties imposed in such an order are subject to the appropriate limits. It gives Scottish Ministers the same supplementary powers and constraints as currently apply to the Secretary of State when he makes provision on the administration of Scottish Parliament elections.

I commend clause 1 to the House and urge the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) to withdraw his amendment.

[Tom Greatrex]

We have had an interesting start to the Committee. The Minister will have heard the concern of Members of both sides of the House at the possibility that overnight counts will not happen. In all candour, it is not good enough for him to stand at the Dispatch Box and suggest that we go and lobby Mary Pitcaithly on Thursday on the matter. We have the opportunity now to set a position that the Minister voted for in relation to elections to this House, which is a perfectly responsible position.

The Minister would do well to listen to the hon. Member for Epping Forest (Mrs Laing). I apologise to her, because I was unaware that the wording of amendment 10 is borrowed from her. I hope she feels emboldened enough to vote for it. I have heard her argue against the Government on other occasions, but she has felt unable to follow through and vote against them. I hope she has the confidence to do so today.

This issue is at the heart of electoral administration. As I said, at every set of elections, electoral administrators say, “We don’t want overnight counts. We can’t do it for reason A, B, C, D, E or F.” The proof is not in what Ron Gould says, but in what we all witnessed in May last year. If we set a position, the electoral administrators can get on with it. Let us make that clear for the Scottish Parliament elections as well as for other elections.

Question put, That the amendment be made.

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[Tom Greatrex]

The Secretary of State, who is no longer in his place, might well be thinking about how long he might be able to continue as Secretary of State, and what my hon. Friend says could well be one of the reasons for that stance. If we are in a position in which an extraordinary general election has to take place, new clause 7 would provide the opportunity to deal with it in a way that is appropriate for both the Scottish and the UK Parliaments and would save us from having to conduct both elections in the same year. It deals with the problem of confusing the issues of the two different elections and should help us to avoid the problems experienced in 2007, when having two electoral systems for different Parliaments at different elections caused some confusion. It is our responsibility to do what we can to ensure that people are made aware of how their elections work and to make those elections as straightforward as possible. That is the intention behind amendment 11 and the accompanying new clause 7, which deals with extraordinary circumstances.

[David Mundell]

This clause amends the Representation of the People Act 1985 to provide that when a Scottish parliamentary general election and a parliamentary general election or a Scottish parliamentary general election and a European parliamentary general election are to be conducted on the same date, they should automatically be taken together. It will also allow for the polls to be combined if the returning officers so agree where polls for related areas are taken on the same day—as, for example, with a Scottish Parliament by-election and a parliamentary general election.

Amendment 11, as proposed by the hon. Member for Rutherglen and Hamilton West (Tom Greatrex), would remove the mandatory requirement that where the polls at a Scottish Parliament general election and a UK Parliament general election fall on the same day, the administrative arrangements must be taken together. The amendment would not stop the polls taking place on the same day, however, and it leaves returning officers with the discretion to combine the polls if they think fit to do so. Alternatively, if they are not combined, various processes such as the issue of poll cards and postal votes or voting at polling stations would have to be run side by side.

As it stands, the clause will allow poll cards, postal voting materials and polling stations to be shared. It effectively streamlines the process of organising and running the two polls on the same day, avoiding potential duplication of functions where polls held on the same day would otherwise be run in parallel and it enables overall costs to be reduced. If two polls fall on the same day, for whatever reason, electoral administrators agree that combining them is the best option. It makes it simpler for the returning officer to administer and, more importantly, makes it easier for voters to cast their votes at both polls. If the intention behind the amendment is to stop the polls taking place when both elections fall on the same day, it does not work. If the intention is to make it easier for the voter, that, too, I would suggest, does not work.

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[David Mundell]

As the hon. Lady will know, what she suggests was debated extensively in the Chamber during the passage of the Fixed-term Parliaments Bill, and the House delivered its view then. As she will also know, last Thursday the Scottish Parliament voted unanimously to ask the United Kingdom Government to move the date of the Scottish parliamentary election in 2015 to avoid a clash with the United Kingdom general election. The motion stated that the Scottish Parliament

“notes the potential clash of UK and Scottish general election dates in 2015; invites the UK Government to set the next Scottish general election after 5 May 2011 for Thursday 5 May 2016, and looks forward to UK Government consultation on a legislative provision that would set apart UK and Scottish general election dates on a permanent basis.”

I am sure that Opposition Members welcome the fact that the coalition Government have consulted the Scottish Parliament fully on the matter, because it was raised in a number of debates.

[Tom Greatrex]

Surely the Minister accepts that the Scottish Parliament felt the need to come up with that motion only because of the potential provisions of the Fixed-term Parliaments Bill. If the Bill had provided for a four-year fixed term, there would be no problem. The Government still have an opportunity to revisit that possibility, and I hope that they will take it.

[David Mundell]

The issue of the length of a fixed-term Parliament was well argued during the passage of the Fixed-term Parliaments Bill, and the fixed term that Parliament has determined is five years. The Government have therefore embarked on an active discussion of the matter with the Scottish Parliament.

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[Tom Greatrex]

I thank the Minister for giving way to me again. He is being characteristically generous. Surely he accepts that there would be no need for so much consultation and juggling with all the possible ways of dealing with the problem if a four-year fixed term were proposed for this Parliament as well as the Scottish Parliament. He has an opportunity to make that case to his colleagues in Government, so that the issue can be dealt with when the Fixed-term Parliaments Bill returns to this House. Will he take the opportunity to make sure that that point is made?

[David Mundell]

I see no purpose in a rerun of the debate on the Fixed-term Parliaments Bill. The views expressed by the hon. Gentleman have been expressed by others, but they have not prevailed in votes in the House. The Government have set out what I consider to be the strong arguments for a five-year term for this Parliament. Because of the complicated devolution settlement in the United Kingdom, which has its own nuances—I welcome them, because they accommodate the different needs of different parts of the United Kingdom—consequential changes would inevitably be required. We have discussed the changes required in the timing of the Scottish parliamentary election and the best way of resolving the issue in a mature way through a dialogue with the presiding officer and party leaders in the Scottish Parliament.

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[David Mundell]

Once Parliament had determined the nature of the Fixed-term Parliaments Bill, the appropriate thing to do was to enter into the mature and sensible dialogue that we have had with the Scottish Parliament. I am sure that, like me, the hon. Lady will welcome the fact that the motion in the Scottish Parliament was passed unanimously. The Government will take forward the wish of the Scottish Parliament to ensure that the next Scottish Parliament election after this one will take place on 5 May 2016, on the basis that voters going to the polls on 5 May 2011 will know that they will be electing their MSPs to serve for five years.

I do not feel that the amendment would achieve the objectives that it sets out to achieve. It could lead to a lot of wasted expenditure for candidates, parties and returning officers, and I accordingly commend clause 2 to the Committee and urge the hon. Member for Rutherglen and Hamilton West to withdraw his amendment.

[Tom Greatrex]

We have had an interesting debate on these issues. I would just note again that, if there had been a proposal for a four-year fixed-term Parliament, none of this would have been a problem. That would probably have been a more sensible route to take, and it is still open to the Government to deal with that matter again in the weeks to come. In the light of what the Minister has said, we will withdraw the amendment at this stage and perhaps reflect on the matter again on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3

Supplementary and transitional provision about elections

Amendment made: 29, page 3, line 11, at end insert—

‘( ) In section 113 of the 1998 Act (subordinate legislation: scope of powers) for subsection (1) substitute—

“(1) References in this section to a power are—

(a) to an open power,

(b) to any other power to make subordinate legislation conferred by this Act which is exercisable by Her Majesty in Council or by a Minister of the Crown, and

(c) except in subsection (9), to the power of the Scottish Ministers to make an order under section 12,

and include a power as extended by this section.”’.—(David Mundell.)

Clause 3, as amended, ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

Clause 6

Bills: statements as to legislative competence

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[Tom Greatrex]

We have had the opportunity to discuss a number of amendments with interested parties, including the Law Society of Scotland. This amendment relates to the statements of legislative competence that are made in the Scottish Parliament. The Minister will be aware that, before introducing a Bill in the Scottish Parliament, it is the responsibility of Ministers there to issue a statement of legislative competence. It is also the responsibility of the Presiding Officer to make a similar declaration. The amendment deals with a situation in which amendments are tabled to such Bills, either by Ministers or by Members, including to private Bills. For example, the Bill on the Forth road crossing is a private Bill. Many Members’ Bills are also dealt with in the Scottish Parliament.

It is important that, when the Scottish Parliament deals with legislation, it is aware that it is competent so to do. It is also important that the measures that come before it are appropriate. That has not always been the case for amendments, however. Our proposal also deals with Government amendments. A number of Bills, particularly technical Bills, have had a whole series of Government amendments tabled for which no declaration of competence has been made. It has therefore fallen to the Law Officers to consider those issues, post-stage 3 and before Royal Assent. Our proposal would enable that problem to be rectified, and would introduce a degree of consistency to the arrangements. This would bring confidence and competence to the work of the Scottish Parliament when legislative matters were brought before it.

[David Mundell]

As the law stands, only those members of the Scottish Government in charge of a Bill have to make a statement on its legislative competence when introducing a Bill in the Scottish Parliament. Clause 6, which amends section 31 of the Scotland Act 1998, will ensure that anyone who introduces a Bill in the Scottish Parliament is confident that it is within the Parliament’s legislative competence and prepared to make a statement to that effect.

The Scottish Parliament’s Standards, Procedures and Public Appointments Committee supports the amendment, agreeing with the Calman commission that a statement would provide a helpful and public indication that the legislative competence of the Bill had been carefully considered by those introducing it. The Scottish Parliament endorsed the Standards, Procedures and Public Appointments Committee’s report on 29 September 2010.

Amendment 12 would require that the Member promoting the Bill must make a statement, when or before every amendment to a Bill is lodged in the Scottish Parliament, that, in his opinion, the Bill, if amended in accordance with the amendment, will be within the legislative competence of the Parliament. That would make the Scottish parliamentary system overly bureaucratic and complex and it is, in my view, unnecessary. Should there be any concerns about the legislative competence of a Bill passed by the Scottish Parliament, which might have been substantially amended during its passage, UK and Scottish Law Officers may refer questions of competency to the Supreme Court for decision under section 33 of the Scotland Act 1998.

The Calman commission also considered the argument that the Presiding Officer should state his reasons when making a positive statement about the legislative competence of a Bill—that is, a statement that the Bill is, in his view, within competence. This was rejected on the basis that it can be relatively easy to give reasons for thinking that a Bill is outside competence, which the Standing Orders currently require the Presiding Officer to do, but more difficult to give reasons why it is within competence. The commission’s other main doubt was that exposing to public view any grey areas in relation to competence could provide ammunition to those who were politically opposed to the Bill, either during its passage or later, by providing the basis for a legal challenge. As the Calman commission reported, it would remain open to the Presiding Officer to add reasons to any positive statement about the legislative competence of the Bill, but concluded that it was unlikely that he would do so. On that basis, I urge the hon. Gentleman not to press his amendment to a Division and to support clause 6.

[Tom Greatrex]

I beg to ask leave to withdraw the amendment, although we reserve the right to revisit the matter on Report.

Amendment, by leave, withdrawn.

Clause 6 ordered to stand part of the Bill.

Clause 7

Partial suspension of Acts subject to scrutiny by Supreme Court

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[David Mundell]

I will look into the hon. Gentleman’s specific query and write to him on it.

A requirement on the Law Officer to publish the notice of the reference would lead to three different people being responsible for publishing the same notices, and could be considered overly complicated and unnecessary. I therefore urge the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) to withdraw the amendments and to agree to clause 7. I hope I have been able to ease the concerns of the hon. Member for Perth and North Perthshire in respect of possible future amendments to section 57(2) by confirming that the Advocate-General has set up an expert group to look into the issue, and that the group came forward with proposals that were put into the public domain and shared with the Scottish Government and the Scottish Parliament Bill Committee. They are still under consideration, which is why they are not being introduced into this House; we accept that these are important issues on which there should be full discussion, but that discussion is not yet at a sufficiently advanced stage for it to be appropriate to introduce amendments. On that basis, I commend clause 7 as it stands to the House.

[Tom Greatrex]

I am disappointed in some of the Minister’s responses. I am aware that there is no preclusion on publication in the London Gazette or Belfast Gazette, but, in the interest of transparency, it would be a step forward if the publication were extended, particularly given the issues under consideration. He also rightly said that this means that at least two people have responsibility and perhaps we may consider a further amendment subsequently to deal with that point.

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[David Mundell]

It would be entirely for the Scottish Parliament to determine what regime it introduced if it created a restriction. It would not be a matter for the coalition Government. There was no suggestion of compensation from this Parliament or Government.

I recognise the strength of feeling of hon. Members of all parties on the issue. As I said, there are important implementation matters to be considered, alongside awareness raising and education to ensure that those who currently hold and use air weapons lawfully are not unwittingly affected. However, I would argue that these are questions for the Scottish Parliament. Today, we are considering whether to support the recommendation of the Calman commission, which the Government have included in the Bill and has the support of the Scottish Parliament Committee. I therefore urge hon. Members not to press their amendments to a vote.

[Tom Greatrex]

I am disappointed with some of the content of the Minister’s response. In respect of amendment 17, I understand that the Scottish Parliament and the SNP—whether the Edinburgh SNP or the London SNP—is included in a cross-party understanding of what is required to ensure that the Commonwealth games are properly protected. I am sure that that will endure.

I am more confident about that than on the Minister’s comments on amendment 18. The amendment is intended to be helpful to the UK Government, which has a responsibility to ensure cohesion, so that things do not slip through the net.

I was concerned with the Minister’s hesitation on BB guns in response to my hon. Friends the Members for Kilmarnock and Loudoun (Cathy Jamieson) and for East Lothian (Fiona O'Donnell). They highlighted the point on definitions that I tried to make at Home Office questions earlier. I hope that he will reflect properly on that prior to Report, particularly in the light of the points made by my right hon. Friend the Member for Stirling (Mrs McGuire).

I am conscious that a number of hon. Members are in the Chamber and I am sure they have other things to get on with this evening. I hope the Minister reflects on my proposals. If he is unable to change his mind, we may return to them on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 3, page 7, line 27, leave out from ‘1968’ to end of line 34.—(Pete Wishart.)

Question put, That the amendment be made.

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[David Mundell]

I am happy to accede to that request, Mr Benton.

Clause 12

Insolvency

Question proposed, That the clause stand part of the Bill.

[Tom Greatrex]

I support clause 12, but I have a couple of questions about its implications. As the Committee will be aware, this clause and attendant issues were the subject of detailed scrutiny by the Calman commission. It was corporate insolvency practitioners who pressed the case on that commission for introducing such a clause, which effectively re-reserves some aspects of corporate insolvency work.

The Scottish National party has responded with a blanket, knee-jerk reaction against the proposal, because it does not believe that powers should be re-reserved. The Labour party takes a different view. The Calman commission examined the range of powers as a whole, and determined which, in Scotland’s best interests, should be devolved and which should continue to be reserved. As we all know, it concluded that there should be some changes, but not too many. We accept that recommendation, and also the comments of the LCM Committee, but the Scottish Federation of Housing Associations—from which Members will no doubt have received a briefing—has expressed concern about the implications for registered social landlords. Housing policy is, of course, devolved.

I am aware that, as no registered social landlords have been affected yet, the position is theoretical. However, on 25 February the Secretary of State told the convenor of the LCM Committee that the Government did not intend to cause any difficulty relating to housing policy, that they would consider introducing section 104 orders when that was necessary and appropriate, and that discussions were taking place between the Scotland Office and the Scottish Federation of Housing Associations. May I ask the Minister to confirm his intentions, so that we can ensure that the federation’s concern is not used unduly as an excuse to oppose the clause merely because it re-reserves a power, and that it is being dealt with?

Constitutional Law

Debate between David Mundell and Tom Greatrex

Wednesday 24th November 2010 Commons Chamber

[David Mundell]

I do not accept that at all. I have read the transcript. As the hon. Lady knows, the arguments that have been made previously in this Parliament were simply rehearsed; some were made without using the available information. I noted that she and others did not point out Ron Gould’s contribution to the Scottish Affairs Committee, which I quoted earlier. He said explicitly that it would be possible for the referendum and the Scottish Parliament elections to go ahead on the same day.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

rose—

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[David Mundell]

I think that I have quoted Mr Gould in full, and I think he is quite clear—

[Tom Greatrex]

Perhaps the Minister could read out the sentence before the quote from Ron Gould that he has already read out so that the House can appreciate the full point that Ron Gould was making.

Oral Answers to Questions

Debate between David Mundell and Tom Greatrex

Wednesday 21st July 2010 Commons Chamber

[David Mundell]

It is clear that the future jobs fund was not an effective use of resources. It was aimed at making temporary changes to unemployment figures, rather than moving people into sustainable, permanent jobs.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

4. What recent assessment he has made of the recommendations of the final report of the Commission on Scottish Devolution.