Draft Scotland Clauses

Debate between David Mundell and William Bain

Thursday 22nd January 2015 Commons Chamber

[David Mundell]

I made that very clear in my previous answers. What I welcome from both hon. Ladies is a willingness to engage in the debate on which MPs should vote on which matters. It is disappointing that the Opposition more widely have not been prepared to engage with the Command Paper and the debate instigated by my right hon. Friend the Leader of the House. Let us have that debate on the governance of England and let us all make our contributions to it.

[Mr William Bain (Glasgow North East) (Lab)]

Can the Minister confirm that, with the proposals before the House today, if the Scottish Parliament chooses to introduce discretionary payments, which would effectively top up even reserve benefits such as unemployment benefit or employment and support allowance, that will be a decision purely for the Scottish Parliament and that this Parliament does not have a veto? Does he agree that these powers would make the Scottish Parliament one of the most extensive welfare Parliaments anywhere in the world?

[David Mundell]

Yes.

Oral Answers to Questions

Debate between David Mundell and William Bain

Wednesday 2nd July 2014 Commons Chamber

[David Mundell]

The hon. Gentleman sets a good example, and certainly in apprenticeship schemes offered by Members of Parliament, I support the action he has taken.

[Mr William Bain (Glasgow North East) (Lab)]

14. Seven out of 10 young people in Scotland who are unemployed are applying for benefit for the second time. Is that not testament to the fact that there are simply not enough secure jobs for them that pay the living wage? Why will this Government and their equally bad counterparts in Edinburgh not use the public procurement powers available to them to ensure that every Scottish young person gets the living wage?

[David Mundell]

I would have thought that the hon. Gentleman would welcome the fact that the number of those in the 16 to 19-year-old category in Scotland who are out of work has fallen by 4,000. Work is the way out of poverty, and that is what this Government are encouraging.

Oral Answers to Questions

Debate between David Mundell and William Bain

Wednesday 18th December 2013 Commons Chamber

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

With your permission, Mr Speaker, before I answer that question, may I draw the House’s attention to the fact that Saturday 21 December will be the 25th anniversary of the Lockerbie bombing? That remains the single largest loss of life ever in the United Kingdom, with 270 people perishing on that fateful evening. I am sure that the thoughts and prayers of the whole House will be with the community and with those who lost friends and family on that day. Much of the focus over the past 25 years has been on the perpetrators, but the friends and families of the victims and the community of Lockerbie deserve our respect and admiration for the formidable way in which they have coped with 25 years of unprecedented global attention.

The national minimum wage is one of Government’s key policies to support the low paid, and it is UK wide. On 1 October, the adult minimum wage increased to £6.31 per hour. We have also increased the income tax personal allowance to £10,000, taking 224,000 Scots out of income tax altogether and benefiting 2.2 million Scottish taxpayers.

[Mr Bain]

I am sure that the whole House will commend and agree with the Minister’s remarks about Lockerbie.

In his subsequent answer, the right hon. Gentleman omitted to say that prices had risen more quickly than wages in 41 of the 42 months he has served as a Minister in this House, that low pay was on the rise in Scotland and that the value of the national minimum wage had declined in real terms under this Government. When are he and the Business Secretary going to do something concrete to deal with all that? Or is he just going to sit on his hands while the cost of living crisis in Scotland gets worse by the day?

[David Mundell]

The hon. Gentleman is simply wrong. The October 2013 adult minimum wage rate is around 27% higher in real terms compared with the consumer prices index and about 15% higher in real terms compared with the retail prices index than it was on its introduction in 1999.

Oral Answers to Questions

Debate between David Mundell and William Bain

Wednesday 13th February 2013 Commons Chamber

[David Mundell]

I am surprised that the hon. Gentleman and others are not working with their local councils and housing associations to draw attention to the availability of the discretionary payments funds and the fact that there will be an opportunity to support the most vulnerable.

[Mr William Bain (Glasgow North East) (Lab)]

As well as the bedroom tax, the Government are preparing to tighten further the worst squeeze on ordinary people’s living standards in decades by cutting most benefits and tax credits by 4% in real terms over the next three years in plans that hurt the poorest 40% in Scotland three and a half times harder than the wealthiest. Does the Minister not accept that, with 800,000 working-age couples and single people in Scotland losing up to £5 a week, those cuts are not just socially brutal, but disastrous for the Scottish economy?

[David Mundell]

What I accept is that the Labour party put this country into the financial circumstances we found after the 2010 election. It says it wanted to reform welfare. It is quite happy to criticise individual measures, but it comes up with no proposals at all on how to fund them and puts forward no alternative proposals.

Scotland Bill

Debate between David Mundell and William Bain

Thursday 26th April 2012 Commons Chamber

[David Mundell]

I am sure that that is a matter on which the hon. Gentleman and many others hold a view but on which the Government do not.

The Select Committee on Scottish Affairs has produced an interesting report on the future of the Crown Estate in Scotland. Obviously, the Government welcome the assiduous work carried out in preparing the report. I am surprised that its Chairman, the hon. Member for Glasgow South West (Mr Davidson), who usually plays a robust part in these deliberations, is not present. I had anticipated his having something to say about his report. However, the Government will consider it in due course. I understand that it has been debated in the Scottish Parliament, where the devolution of Crown Estate activities directly to local communities found support, at least among opposition parties there.

On that basis, I hope that the House will agree with the Lords amendments.

[Mr William Bain (Glasgow North East) (Lab)]

As we begin debating the Lords amendments, I hope the House will consider it appropriate for the Opposition to mark the significance of what is likely to be our final consideration of the Scotland Bill. If it receives Royal Assent in the coming days, the Bill will represent the largest devolution of financial powers to Scotland in 300 years; will make decisions on spending and taxation more transparently accountable to the Scottish Parliament than at any time since 1999; and create new borrowing powers with the potential to boost economic growth significantly.

This enhancement of devolution is the culmination of a four-year process of cross-party and cross-societal constitutional reform through the Calman commission, which was established by Wendy Alexander and other pro-devolution party leaders in Scotland. Its outcome was accepted in a White Paper by my right hon. Friend the Member for East Renfrewshire (Mr Murphy); was assisted by my hon. Friends the Members for Glasgow North (Ann McKechin) and for Rutherglen and Hamilton West (Tom Greatrex) in various capacities; and has been implemented with cross-party support by the coalition Government.

It is also welcome that the Scottish Government have finally indicated their assent, if not warm-hearted approval, for the Bill, after a significantly longer and more circuitous journey to reach that position than that undergone by Scotland’s other political parties.

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[Mr Bain]

Lords amendment 3 removes clause 10, and Lords amendment 4 inserts a new clause before clause 11 on the matter of provisions ceasing to be within the legislative competence of the Scottish Parliament.

Clause 10 would have permitted laws passed by the Scottish Parliament under a temporary transfer of powers—such as under a section 30 order—to remain in force after that transfer had come to an end. We note that the new clause widens the scope of the transfer, with the effect that any such laws, whether in the form of an Act of the Scottish Parliament or subordinate legislation, would have effect even where the competence of the Scottish Parliament to legislate had been removed, irrespective of whether this had been granted on a short or longer-term basis. We consider the new clause to remove any potential future ambiguities, and on that basis we are content to support Lords amendment 3.

Lords amendment 3 agreed to.

Lords amendments 4 to 8 agreed to.

Clause 17

The Lord Advocate: Convention rights and Community law

[David Mundell]

I beg to move, That this House agrees with Lords amendment 9.

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[David Mundell]

I thank my right hon. and learned Friend for his comments. The proposals that form part of these amendments were part of the legislative consent motion that went before the Scottish Parliament and received unanimous support of that Parliament. Indeed, they were not opposed or spoken against by any Member of the Scottish National party, including the First Minister.

Lords amendment 20 would provide powers for compatibility issues to be referred to the High Court and the Supreme Court. That will enable such issues to be dealt with more quickly, where appropriate, which will be useful when a compatibility issue has implications for other cases. There are currently no time limits for appealing devolution issues in criminal proceedings to the Supreme Court. It is important that there is finality and certainty, especially for victims, in relation to criminal proceedings. Lords amendment 22 would impose time limits for seeking permission to appeal devolution issues from the High Court to the Supreme Court for devolution issues raised in Scottish criminal proceedings. The time limits are the same as those that will apply to compatibility issues.

Lords amendment 23 makes provision for a review to be arranged by the Secretary of State of the new compatibility issue procedure and of the introduction of time limits for certain devolution issue appeals. The review is to be carried out as soon as practicable after the provisions have been in force for three years. The review may be carried out earlier if that is considered appropriate. It will be wide ranging and will look at all aspects of the provisions and consider whether changes should be made. The UK Government and the Scottish Government have agreed that the review will be chaired by the Lord Justice General.

Lords amendments 24 and 25 make consequential amendments to clause 41.

[Mr Bain]

First, let me associate the official Opposition with the Minister’s remarks about Paul McBride. I also thank the right hon. and learned Member for North East Fife (Sir Menzies Campbell) for reminding the House of the importance of the Supreme Court in ensuring that institutions of government are exercised in accordance with the rule of law. That is a vital element of our constitution and one that must not go unheard in the House today.

Lords amendments 9 and 19 to 25 collectively omit clause 17 from the Bill and add new clauses before clauses 38 and 41 in respect of the relationship between the Supreme Court and the functions of the Lord Advocate in criminal prosecutions in Scotland, Acts of the Scottish Parliament thereby affected, and the role of the Advocate-General for Scotland.

Lords amendment 19 amends the Criminal Procedure (Scotland) Act 1995 to provide that the Advocate-General may take part as a party in criminal proceedings in Scotland in so far as they relate to a compatibility issue over the actions or omissions of a public authority relating to convention rights or EU law or over whether an Act of the Scottish Parliament or any provision thereof raises issues of compatibility with EU law or convention rights in Scottish criminal proceedings.

Lords amendment 20 makes further amendment to the 1995 Act to provide that when a compatibility issue arises in criminal proceedings in a court, other than any High Court of Justiciary proceeding heard before two or more judges, compatibility issues may be referred to the High Court of Justiciary. That may be required by the Lord Advocate or by the Advocate-General, if he is a party to the proceedings. In turn, the High Court of Justiciary may refer a compatibility issue to the Supreme Court, and may be required to do so by the Lord Advocate or by the Advocate-General, if he or she is a party to the proceedings.

Lords amendment 20 makes it clear that the role of the Supreme Court is restricted to determining the compatibility issue, whereby the case is then remitted back to the High Court of Justiciary for determination in the light of the Supreme Court ruling on the compatibility issues. That amends the relationship between the two courts, and while it preserves the ability of the Supreme Court to make entirely authoritative and decisive rulings on questions of the compatibility of the decisions of the Lord Advocate in relation to Scottish criminal proceedings and the prosecution system, it also ensures that the High Court of Justiciary is the judicial forum in which any convictions required to be reduced in the light of such a compatibility ruling are reduced.

Lords amendment 22 introduces a new clause that creates a time limit for application to the High Court of Justiciary in some cases, and to the Supreme Court in more serious criminal cases, of 28 days following the initial decision or, in the latter case, against the refusal to give permission for a compatibility reference. However, as the Minister suggested, that time limit can be extended by either court on the ground of equity.

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[Mr Bain]

I entirely agree with the right hon. and learned Gentleman. One of the strengths of the devolution settlement is that it allows a court of the seniority of the Supreme Court to make these determinations. It would have been wholly irresponsible to remove these basic protections from people in criminal cases in the way that other politicians in the Scottish Parliament sought to achieve.

We are content with the amendments that have been made by the Lords and we will support them in the Chamber today.

Lords amendment 9 agreed to.

Lords amendments 10 and 11 agreed to.

Clause 25

Speed limits

[David Mundell]

I beg to move, That this House agrees with Lords amendment 12.

Oral Answers to Questions

Debate between David Mundell and William Bain

Wednesday 18th April 2012 Commons Chamber

[David Mundell]

What the hon. Gentleman and his colleagues fail to acknowledge is that this Government have delivered the largest pension rise in the last 30 years, whereas the last Government, which his party led, introduced a pension rise of 75p, so we are not going to take any lectures from Labour on the treatment of pensioners in Scotland.

[Mr William Bain (Glasgow North East) (Lab)]

Just how out of touch are this Government if they think that it is right or fair that almost 400,000 Scottish pensioners should pay on average £83 a year more in tax from next April just so that 16,000 top-rate taxpayers receive a tax cut of £10,000 a year on average? People retiring next April will face an annual tax hike of £322 a year because of the granny tax and the ending of the savings credit in 2017, on top of higher VAT and cuts in winter fuel allowance introduced by this Chancellor. With a record in government like that, surely it is no surprise to the Minister that Tory election strategists are gloomy about winning any seats at all in Scotland at the next general election.

[David Mundell]

What I think is fair is that half of pensioners over 65 in Scotland will not pay any tax at all; that those earning less than £10,000 will, by the end of this Parliament, be subject to a personal allowance of £10,000; and that this Government have delivered the largest increase in the pension—£270 compared with the 75p offered by the previous Government.

Oral Answers to Questions

Debate between David Mundell and William Bain

Wednesday 14th September 2011 Commons Chamber

[Mr William Bain (Glasgow North East) (Lab)]

12. What assessment he has made of the effects on job creation in Scotland of the employer’s national insurance holiday scheme.

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

As of 7 September 2011, Her Majesty’s Revenue and Customs has received 922 successful applications for the national insurance holiday scheme from new businesses located in Scotland. Of the 396 applications received for the 2010-11 financial year, 386 claimed the national insurance contributions holiday, supporting approximately 1,300 new jobs.

[Mr Bain]

Should not the Minister be lobbying the Chancellor to create a proper strategy for growth for Scottish manufacturing and construction, instead of offering such complacent support for a scheme that has created less than 10% of the jobs that were forecast and that has been described by the Federation of Small Businesses in Scotland as badly designed and failing to deliver at a time when the country needs the creation of new jobs?

[David Mundell]

We will certainly not be taking any lectures on national insurance from Labour, a party that sought to introduce a jobs tax in 2009. [Interruption.] I had the benefit of visiting the hon. Gentleman’s constituency last week, and I would have thought that he welcomed the fact that these jobs that did not exist before and that they have a better chance of becoming permanent with the NIC holiday—[Interruption.]