Devolution (Constitution Committee Reports)

Earl of Lindsay Excerpts

Monday 9th October 2017 Lords Chamber

[The Earl of Lindsay (Con)]

My Lords, I welcome my noble friend Lord Duncan of Springbank and warmly congratulate him on his appointment to the Scotland Office. He brings very valuable experience to that role and to this House. His career has seen him working for the Scottish Refugee Council and the Scottish Fishermen’s Federation and he knows the length and breadth of Scotland in considerable detail. He also brings a very timely experience to tonight’s debate in that he has worked for the Scottish Parliament, which has seen him gain first-hand experience of the JMC in action.

I also thank my noble friend Lord Lang and the noble Lord, Lord Jay, for introducing their excellent reports. I would happily speak on all three reports but, for the sake of brevity, I want to focus on the issues raised in the report from the Constitution Committee on Inter-governmental Relations in the United Kingdom. In introducing it, my noble friend suggested that his report remains relevant and valid. Sadly, this is the case. It is very disappointing that in October 2017 intergovernmental relations within the United Kingdom remain as much of a concern requiring urgent attention as they were when the Constitution Committee published its report and recommendations in March 2015, two and a half years ago.

The disappointment is all the greater given that some months before the Constitution Committee published its report and recommendations in 2015, the then Government had accepted a key recommendation on the importance of achieving better intergovernmental relations from the noble Lord, Lord Smith of Kelvin, which he issued when the Smith commission launched its report in 2014. The recommendation from the noble Lord, Lord Smith, was:

“Both Governments need to work together to create a more productive, robust, visible and transparent relationship. There also needs to be greater respect between them”.


The Government, in their response to the Smith commission, agreed with his call for greater intergovernmental co-operation and respect with the following statement:

“Effective inter-governmental working is essential to guarantee the best possible provision of services and representation for the people of the UK; a renewed commitment to build these relationships and explore better ways of working, as recommended by the Smith Commission Agreement, will require close collaboration between the UK Government and Devolved Administrations”.


The Government made that commitment nearly three years ago.

It has to be said that the recommendations of the noble Lord, Lord Smith, in 2014 and of the Constitution Committee in 2015 were not the first time that the Government had been told that the need for greater intergovernmental co-operation was a problem that needed to be urgently addressed. Five years earlier, in June 2009, a similarly urgent call for action was put to the Government by the Calman commission when it published its report and recommendations on Scottish devolution.

I was a member of the Calman commission, as was the noble and learned Lord, Lord Wallace of Tankerness. He and I both have particular reason to recall that the importance the Calman commission placed on both intergovernmental and interparliamentary co-operation was such that it became one of the longest chapters in our report and ran to 23 separate recommendations. I believe that it ran to something like 40 pages. We deliberately put it at the heart of the Calman commission report because we saw it as being such an important strand.

That call for action from the Calman commission was issued over eight years ago. The call for action from the noble Lord, Lord Smith of Kelvin, was made three years ago. The call for action from the Constitution Committee was made two and a half years ago. Here we are in late 2017, three calls for action later, still needing to see greater action and greater progress being sought and achieved. I am not suggesting that nothing has happened since 2009 to improve intergovernmental relations, nor am I underestimating the difficulty of strengthening co-operation when one of the parties involved is happy to see it frustrated. However, if you look at the timeline from Calman to today and the actual detail of the recommendations that were issued in 2009, 2014 and 2015, it is deeply disappointing that more progress has not been made. I echo the lament of my noble friend Lord Lang that there seems to be no sense of urgency.

The message over eight years has remained constant and unambiguous—that the need for co-operation is compelling and that good intergovernmental relations, alongside the ability of different Governments and Parliaments to co-operate and work together in a constructive and structured manner, are essential ingredients of a stable, devolved constitution. How can greater progress be achieved going forward and how can it be achieved without further delay? My noble friend suggested that we need a new attitude and a new mindset and I agree. I believe that we need a new focus, new energy and new determination.

The recommendations of the Calman commission and the Constitution Committee need to be dusted off and reviewed with a commitment to implementing a series of fresh measures. Many of the recommendations of Calman and the Constitution Committee are relatively modest or straightforward. Few require any legislation and all are practical and focused on delivering improved intergovernmental and interparliamentary relations. Therefore, the question is: where do we look for the much-needed new focus, energy and determination that need to be brought to bear? I was interested to hear my noble friend Lord Lang suggest that our noble friend on the Front Bench would bring a fresh eye to this. I completely agree. He is new to his role and intergovernmental relations are an important dimension of his ministerial responsibilities. As I said at the beginning, his career to date is very well suited to someone who wants to bring fresh energy to the intergovernmental sphere, as he has worked for the Scottish Parliament and seen the JMC in action.

Furthermore, those noble Lords who know my noble friend know that he does not lack focus, energy or determination. Therefore, I very much hope that when he sums up, he will set out not only the Government’s commitment to the early delivery of further measures designed to improve intergovernmental relations across the United Kingdom but also his own commitment as a Minister with Scottish and Welsh responsibilities to ensure that rapid progress is made.