Scotland Bill

Duke of Montrose Excerpts

Tuesday 28th February 2012 Lords Chamber

[Lord Sassoon]

My Lords, on the first point, this will be the cost in isolation of the changes necessary to enable the introduction of the Scottish income tax provision. Of course, for fully devolved taxes, the cost will depend on decisions taken by Scottish Parliaments on the design of those taxes, and of course who should administer them. It is therefore a cost estimate that relates essentially to income tax. It assumes that nothing changes in the deployment of other people. It is the necessary cost related to the introduction of the new Scottish income tax regime. As the noble Baroness will know, it is a principle of devolution that costs that are to the benefit of the devolved Administration fall on the devolved Administration, so that is where these costs will fall.

The noble Lord, Lord Browne of Ladyton, asked important questions relating to the Scottish Government’s readiness for implementation, the high-level implementation group and the joint Exchequer committee. I very much agree with him that these are important issues about the capacity of all sides, particularly the Scottish Government, to carry out what is necessary. I have already addressed the mechanics of the processes. We have the high-level implementation group, as the noble Lord has set out, and below that the technical groups established by HMRC to work out the detail.

The Scottish Government have focused on pressing for further powers in the Bill. Of course, while one respects their different views on other matters that they might want in the Bill, we would welcome greater attention on implementation from them. I appreciate the point that the noble Lord is making. Close attention has been shown to issues, such as the block grant adjustment mechanism. There is work to do and we should like to see the Scottish Government set out how they will use the powers provided to them in the Bill. My right honourable friend the Secretary of State for Scotland yesterday called for clarification in particular of the stamp duty land tax, and I very much agree with him on that point.

The high-level implementation group was established by the UK Government. It is chaired jointly by the Secretary of State for Scotland and the Exchequer Secretary to the Treasury. It has met four times since July 2010 and the role of the group is to oversee the implementation of the financial provisions of the Bill. As I have just said, the technical groups established by HMRC report to the high-level implementation group, and they provide detailed consideration and advice to inform implementation.

On the progress that has been made, the high-level implementation group is a UK Government group. It is entirely within the capacity and the direction of Ministers in London to press on with the work of that group. It is clear that the Scottish Government want their powers increased. To do that, clearly we would welcome more progress to begin setting out how the powers will be used. From that, many more questions will flow about implementation. That is where things stand at the moment.

[The Duke of Montrose]

On a slightly peripheral question, I am getting very worried that we are setting a precedent here. This may not be quite the moment to raise it with this Minister at the Dispatch Box but I still think that it is extremely relevant. The first indication of a legislative consent Motion was taken when the Scotland Bill was going through this House. It was dubbed the Sewel Motion thereafter. That was to allow Westminster to legislate on devolved matters.

We were told that a legislative consent Motion would be required not when the Bill started here or in the other House but when it reached the “second House”. We could not progress further until the legislative consent Motion was in place. Now we are dealing with a convention that was established outwith Parliament whereby Westminster is asking for a legislative consent Motion for a reserved matter, which this is. Are we establishing a precedent that Westminster goes ahead and produces legislation without legislative consent Motions—admittedly it is quite within its powers to do so because this is the sovereign Parliament—because it appears that the legislative consent Motions are getting slightly out of sync with each other. There is a danger that this is a precedent.