Scotland Bill

Earl of Dundee Excerpts

Tuesday 8th December 2015 Lords Chamber

Moved by

[The Earl of Dundee]

22: After Clause 2, insert the following new Clause—
“Cooperation between the Scottish and United Kingdom institutionsCooperation between the Scottish and United Kingdom institutions: reporting
(1) Within a year of the passing of this Act, the Secretary of State must review the impact of the provisions in this Act on cooperation between the Scottish institutions and United Kingdom institutions and prepare a report.
(2) In the review under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate, and must consider the impact of the provisions in this Act on—
(a) the level of transparency and sharing of information between the United Kingdom institutions and the Scottish institutions; (b) the level of cooperation between the United Kingdom institutions and the Scottish institutions;(c) the sharing of examples of best practice between the United Kingdom institutions and the Scottish institutions; and(d) the appropriateness of devolution arrangements in Scotland.(3) The Secretary of State must lay a copy of the report prepared under subsection (1) before Parliament.
(4) In this section, “Scottish institutions” means—
(a) the Scottish Government,(b) the Scottish Parliament, and (c) Scottish authorities to which power is transferred under this Act.(5) In this section “United Kingdom institutions” means—
(a) the Parliament of the United Kingdom;(b) the Government of the United Kingdom; and(c) United Kingdom authorities from which power is transferred under this Act.”

[The Earl of Dundee (Con)]

My Lords, this amendment, if adopted, would enable the Secretary of State to prepare a report within a year of enacting the Bill. The subject would cover four aspects: the level of co-operation between Scottish and United Kingdom institutions; transparency and information sharing between them; the sharing of examples of best practice between them; and, as supported by their joint endeavours, an assessment of how successful and appropriate the journey of devolution itself may have become.

Such a report by the Secretary of State could well begin with this fourth aspect. For, to be effective at all, the journey of devolution must go beyond the administrative centre in Edinburgh. Otherwise, Scotland’s different regions and localities would not sufficiently benefit. Equally important, therefore, are the resolve and actions of the Scottish and United Kingdom Governments together to ensure that they do.

--- Later in debate ---

[Lord Keen of Elie]

My Lords, I am obliged to the noble Earl for putting forward this amendment. As your Lordships are aware, the matter of intergovernmental working was addressed by the noble Lord, Lord Smith, in his introduction to the Smith commission agreement, in which he emphasised its importance in achieving the aims of devolution.

A considerable degree of very positive co-operation between the Scottish and United Kingdom institutions takes place on a daily basis, from routine dialogue on matters such as planning for civil contingencies to supporting business and exports. It would be difficult to report on each and every one of these interactions. Nevertheless, it is important to recognise that they should be as transparent as possible.

Specific steps have been taken recently in encouraging more regular collaboration between the United Kingdom and Scottish Governments in areas of joint interest. One example of such work is the cross-Administration “Devolution and You” Civil Service capability campaign, which the Cabinet Secretary launched in June 2015. In addition, there is now the Joint Ministerial Working Group on Welfare, which was established to provide a forum for discussion and decision-making on implementation of the welfare-related aspects of the Smith commission agreement.

I also welcome the work of the Constitution Committee on behalf of this Chamber and note its recommendations regarding increased cross-parliamentary scrutiny of intergovernmental relations. This was also recommended by the Scottish Parliament’s Devolution (Further Powers) Committee. It will be important to see how Parliament responds to these recommendations. Furthermore, my noble friend Lord Dunlop set out during Second Reading details of how we are working with the three devolved Administrations to review intergovernmental arrangements and ensure effective working relationships with those Administrations.

There is a concern that a statutory duty to report on these interactions could prove burdensome and might prove unnecessary. However, we—the Government —are happy to take away and consider what the noble Earl has suggested, and explore how we may incorporate these suggestions into the work which is going on with regard to intergovernmental relations. I would be happy to discuss this with him. However, having regard to the present terms of the Bill and the comments that have been made, I invite my noble friend to withdraw this amendment.

[The Earl of Dundee]

My Lords, I thank all of your Lordships for your kind support for this amendment, starting with the noble Earl, Lord Kinnoull, and the noble Lords, Lord Foulkes and Lord McAvoy. The noble Lord, Lord McAvoy, emphasised and drew to our attention the vital importance of the two Parliaments and Governments being on equal terms. That must be key to success.

The noble Earl, Lord Kinnoull, gave us an example from his own experience, which started off in an intransigent way with people not talking to each other. As he said, that can be converted to something constructive when people do otherwise.

I take the point made by my noble friends Lord Lang, Lord Sanderson and Lord Lindsay, who commented that the amendment might go further than it does. My noble friend also suggested that it should apply to all parts of the Bill and instanced, from his past committee work, evidence from other institutions and Parliaments in other parts of the world which proves beyond doubt that successful government comes from proper co-operation between the parties concerned.

I am extremely grateful to my noble and learned friend for what he has just said—namely, that he will take this amendment away. Meanwhile, I now beg leave to withdraw the amendment.

Amendment 22 withdrawn.