Eilidh Whiteford
Main Page: Eilidh Whiteford (Scottish National Party - Banff and Buchan)Department Debates - View all Eilidh Whiteford's debates with the Scotland Office
(8 years, 6 months ago)
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Dr Eilidh Whiteford (Banff and Buchan) (SNP)
I rise to speak to the amendments tabled by my hon. Friends and I, and I am just sorry that we do not have more time to debate them more fully this evening. Like the Secretary of State, I have a sense of déjà vu, because many of the amendments tabled today are very similar to those we debated in Committee. So far, the Government have accepted only one Opposition amendment to the Bill, but we have at last seen Government amendments being tabled in the last few days that will take us a wee bit closer to what was originally pledged.
I welcome the Government’s tacit admission that the Bill as it stood failed to meet the letter or the spirit of the Smith recommendations. I welcome many of the belated amendments, including the lead new clause and the amendment on abortion that we debated earlier, because they address some of the Bill’s most obvious shortcomings. However, the SNP’s amendments in this group—there are more than quite a few of them—seek to equip the Scottish Parliament with the powers it needs to build a fairer society, strengthen employment prospects, improve governance and create a better future for our people.
No issue encapsulates why we need home rule better than that of tax credits. That is why we have tabled new clause 18, which would amend schedule 5 to the Scotland Act 1998 to devolve to the Scottish Parliament the power to make provision for child tax credit and working tax credit—
Dr Whiteford
Perhaps a bit later.
I intend to test the will of the House on the new clause later. More than any other in recent times, the issue of tax credits highlights the contrast between a UK Government who are willing to put low-income families with children on the frontline in their ideological war of austerity and a Scottish Government determined to tackle inequality and to give those children a decent start in life.
John Stevenson (Carlisle) (Con)
If the SNP ever had control of tax credits, would it increase income tax to pay for them?
Dr Whiteford
I am glad that the hon. Gentleman has asked that question so early. Had he been listening to events in the Scottish Parliament last week he would know that Nicola Sturgeon has made clear commitments to mitigate the impact—
Dr Whiteford
Let me answer this question.
Nicola Sturgeon has made a clear commitment to mitigate the impact of the tax credit changes, but—like the Prime Minister—she is in the dark about the exact proposals. George seems to be still writing them on the back of an envelope. We are clear that it will not be possible to quantify them for two and a half weeks yet.
Dr Whiteford
I will not give way at the moment as I want to make some progress, but I will come back to this and take more interventions.
The changes announced by the Chancellor have the power to cut the incomes of 4.5 million families across the UK. The SNP has been resolute and consistent in its opposition to those cuts. I wish the same could be said of other parties in this House.
Melanie Onn
I thank the hon. Lady for her sorority in giving way. The Scottish Government have accepted that the Bill gives them the power to restore the money lost from the Tories’ tax credit cuts. Will she commit the Scottish Government to restoring in full the money lost from tax credit cuts?
Dr Whiteford
The hon. Lady really needs to stop reading her briefing sheet and listen to the debate. It is simply wrong to ask those in the lowest paid jobs, bringing up their children on very tight budgets, to pay the lion’s share of the price for the economic failures of successive UK Governments.
As the UK Government’s tax credit proposals stand, 250,000 working households in Scotland will lose on average £1,500 a year each from April. In the longer term, once all the tax credit changes have been fully implemented—including the restrictions under the two-child policy—many of those families will lose up to £3,000 a year each. That is not pocket money: it represents an enormous proportion of household income and will cause real deprivation and hardship.
Ian Murray
I am delighted that the hon. Lady has given way, but she did not quite answer the question put to her by my hon. Friend the Member for Great Grimsby (Melanie Onn). Is the hon. Lady committing tonight to restore all the losses from the pernicious tax credit cuts by this Tory Government? Her party voted against that in the Scottish Parliament last week.
Dr Whiteford
I really wish that the shadow Secretary of State had voted against the tax credit proposals when they came before this House on 20 July, because that would have killed them dead. Labour Members did not, however, and that is why we are back where we are. Nicola Sturgeon has made it crystal clear that she intends to bring forward costed, credible plans once the autumn statement has been made.
For low-paid working families, tax credits are an essential source of income. They put food on the table and shoes on the feet of children. They heat homes during winter. By the end of this Parliament, the Government’s proposed tax credit cuts would take £3.2 billion out of the Scottish economy from the pockets of the poorest families. That will undermine economic recovery. The austerity measures already enacted are set to push 100,000 more children in Scotland into poverty by 2020. Under the tax credit measures, 350,000 Scottish youngsters are set to lose out further. No wonder the Tories have abandoned any attempt at measuring child poverty.
There is a broad consensus in Scotland that cutting tax credits is the wrong thing to do. Even the leader of the Tory party in Scotland has called for a rethink and said that it is wrong for low-paid workers to lose out. It is recognised that the proposals will disincentivise work, hit children who are already disadvantaged and punish those in lower paid jobs.
The House of Lords put a proper spanner in the works of the proposals the other week, when it forced the Government back to the drawing board on their tax credit plans. Like millions of families across the UK who are facing uncertainty, we are all in a degree of limbo at the moment. We will have to wait until the autumn statement to learn what the Government intend to bring forward to make their plans more palatable to their own Back Benchers, who seem rather thin on the ground tonight.
We in the SNP have been very consistent in our opposition to tax credit changes. We have made the case at every single opportunity for alternatives to regressive austerity cuts. We will continue to fight tax credits tooth and nail in this House to force the Government into a climbdown. I hope we can rely on the support of other Opposition parties to stand firm, too. Labour abstained on 20 July, when we debated the general principles of the Welfare Reform and Work Bill that ushered in these proposals. The Government’s new clause 34, tabled last Wednesday, represents some progress. I am grateful for that, because it acknowledges that there was a veto and it manages to deal with that to some extent. New clause 34 would partially mitigate the impact of the tax credit cuts, but our new clause 18 is much stronger. It would fully devolve control of our tax credits to the Scottish Parliament, including eligibility thresholds and tapers. Government new clause 34 will give the Scottish Parliament the power to top up benefits. That is fine as far as it goes, but it will be no help whatever to those people who have lost their tax credits entirely as a consequence of the changes. If someone is not in receipt of a benefit, it cannot be topped up.
Patrick Grady
Is my hon. Friend aware that in Committee the Secretary of State for Work and Pensions refused to give a guarantee that, if the Scottish Government did top up benefits, especially tax credits, that money would not be taken away as if it was extra earned income?
Dr Whiteford
My hon. Friend makes a critical point. We have not had clarity from the Government that they will not means-test the top-ups. I am looking forward to clarification from the Secretary of State for Scotland tonight. [Interruption.] I am glad he is nodding and confirming that that is the case.
About 80,000 families in Scotland are going to lose entitlement altogether under the existing proposals. That is roughly the same number as were affected by the bedroom tax in Scotland. The Scottish Parliament may have the power to create a new benefit, but that seems an inordinately complex way to go about things. It is theoretically possible but, like the bedroom tax mitigation, the money would have to be found from other devolved budgets. It would be an admission from the Government that their proposals have not worked.
As I have said, Nicola Sturgeon has made it absolutely clear that she will bring forward proposals. Labour Members need to be clear tonight: will they back our new clause 18? Will they once again cosy up with the Tories, or will they sit on their hands in the face of crushing austerity cuts coming down the line?
Several hon. Members rose—
Dr Whiteford
I am very conscious of time and I need to move on.
The bottom line is that we would rather not be at the mercy of the UK Government. I would rather that we had the powers in Scotland not simply to mitigate the worst side effects of Tory policies, but to develop better alternatives.
With the very limited welfare powers in the Bill, the Scottish Government have already made a range of commitments about how they will use them and develop ways forward. They have committed to ensuring that carer’s allowance matches jobseeker’s allowance; to abolishing the bedroom tax; to replacing the Work programme, which is just not working; and to using the flexibilities in universal credit to offer people more choice about how they manage the money, and they have consulted more than 70 stakeholders about how the new powers can best be used in the interests of our people.
Our new clause 19 would devolve control over employment rights and industrial relations, including trade union law—another area where the Bill falls far short of the Smith commission recommendations. Once again, the new clause is extremely topical, given that tomorrow we will conclude our consideration of the Trade Union Bill. Last week, I met trade union members from my constituency who left me in no doubt about the harm the Bill could do to industrial relations in Scotland and throughout the UK. By contrast, the new clause would allow the Scottish Government to take a different approach and maintain the benefits of the largely stable and constructive relations we have in Scotland.
Chris Stephens
Will my hon. Friend confirm that Scotland’s workers’ parliament, the STUC general council, supports the devolution of employment law and industrial relations? One reason for that is so that we can do more work with the Scottish fair work convention and stop the scandalous situation of 46,540 cases of unfair treatment in the workplace?
Dr Whiteford
My hon. Friend makes a pertinent and important point. In calling for the transfer of powers of employment law, health and safety, trade union law and the minimum wage, the STUC has noted the appetite in Scotland for reducing income inequality and the desire to forge a more positive relationship with trade unions.
Dr Whiteford
I will not give way because I am conscious of time and we have a lot of amendments to get through.
It is inevitable that Governments will face tough negotiations with employee representatives from time to time, and there will sometimes be disagreements, but we should not lose sight of the enormously beneficial role that trade unions have played in the past and the present day in encouraging fair work and wages, good employment practices and improved working environments.
Ian Lavery (Wansbeck) (Lab)
What happened to the great trade union saying, “Workers of the world unite”?
Dr Whiteford
The hon. Gentleman should address that question to the STUC, because it is the one calling for the devolution of these powers.
Dr Whiteford
I will not because I just gave way.
The Scottish Government see trade unions as key social partners and an important part of civil society. It is not okay for the UK Government to restrict trade unions’ ability to represent their members effectively, so I will oppose the Bill tomorrow, but we also need those powers devolved. Tonight, we have an opportunity to do that.
I have tabled several new clauses and amendments on employment and social security, not all of which I have adequate time to talk about fully tonight, but our new clause 22 would devolve employment support programmes to the Scottish Parliament and would complement existing provisions in the Bill. At present, there are significant restrictions on employment support in the Bill, particularly regarding programmes that last at least 12 months, and their full devolution would enable the Scottish Government to take more coherent, stronger and earlier action to support people into work.
Our new clause 23 would devolve all the working-age benefits to be replaced by universal credit and any benefit introduced to replace universal credit. Civic Scotland has overwhelmingly said that social security powers should be in the hands of the Scottish Parliament, to allow us to tailor policies in line with our own priorities and values and to enable us to protect children and low-income families under attack by the UK Government. The full devolution of universal credit would allow us to establish a much fairer social security system for Scotland.
Our new clause 24 would broaden the powers of administrative flexibilities over universal credit and devolve power over the conditionality and sanctions regime. The SNP has consistently highlighted the shortcomings of the sanctions regime and its manifest failure to protect some of the most vulnerable people in our communities —we have all witnessed the unacceptable explosion in the number of food banks in the last couple of years, which is its most obvious symptom. The Government know perfectly well that the system is not working, which is why they have announced changes, including the new pilot scheme, in recent days, but they are tinkering around the edges of a punitive, bureaucratic and inhumane sanctions regime that is driving sick and vulnerable people to destitution and despair.
The Scotland Bill is our opportunity to take these powers into Scotland’s hands. All progressive forces should join the growing calls from the third sector to deliver a more effective approach. Leaving powers on sanctions and conditionality in the hands of the Tories is simply not good enough.
Our new clause 27 would amend schedule 5 to the Scotland Act 1998 and give the Scottish Parliament competence for equal opportunities in their entirety. Taken with the SNP’s other amendments on gender quotas and equality—amendments 169, 171, 157 and 172 to 175—the new clause would give the Scottish Parliament the powers to improve equality provisions in Scotland, including through legislation and regulation.
Angela Crawley
Does my hon. Friend agree with me and the Equality and Human Rights Commission that devolving power over all equalities to the Scottish Parliament will enable it to legislate to give people an ability to do things that they have never had before?
Dr Whiteford
My hon. Friend makes her point well. I note that in the previous debate we talked quite a bit about the Human Rights Act and the role that it, too, plays in securing equalities.
Jo Stevens
Can the hon. Lady explain to the House how devolving employment law will work? How will trade union recognition work in practice where there are cross-border bargaining units or collective redundancies spanning both jurisdictions?
Dr Whiteford
The hon. Lady needs to remember that a great deal of the public sector is already devolved and these issues have been worked out. We already have devolution of a whole range of public services, with some issues negotiated at a national level and some at a UK-wide level, so her point seems rather redundant, frankly.
The Scottish Parliament has a good track record of advancing progressive equality measures, and our proposals would enable further progress in gender, disability, LGBTI and race equality—for instance, by improving protections from discrimination and by ensuring a more balanced representation of women in public life and on boards. It is worth pointing out that the full devolution of equality and equal opportunities has been supported by leading equality organisations such as Engender, Inclusion Scotland, the Equality Network and the Coalition for Racial Equality and Rights, whose executive director, Jatin Haria, said:
“Devolution brings power closer to people—and this is particularly important for marginalised and discriminated groups. In addition, many areas which intersect with equality law are already devolved and different in Scotland (e.g. policing or health) and further devolution of equality legislation would better allow the Scottish Parliament to push for specific outcomes which could lead to real improvements in the life chances and experiences for all people living in Scotland.”
New clause 28 and amendment 168 relate to the vexed and long-standing question of the Crown Estate. Amendment 168 would leave out clause 31 and new clause 28 would replace it. Clause 31 is not true to the spirit of the Smith commission, which recommended the full devolution of responsibility for the management of the Crown Estate’s economic assets in Scotland, including the Crown Estate’s seabed, and mineral and fishing rights, and the revenue generated from these assets. Clause 31 is also overly complicated and excludes certain Crown Estate assets, such as Fort Kinnaird, over which my hon. Friend the Member for Edinburgh East (Tommy Sheppard) has raised concerns.
Tommy Sheppard
One of the largest investments of the Crown Estate in Scotland is in the Fort Kinnaird retail park in Edinburgh East. I have been pressing the Secretary of State on why it is excluded from the transfer. Does my hon. Friend agree that his explanation so far is not very convincing? He says that it cannot be transferred because it is part of a commercial arrangement, but we are only talking about the transfer of the Government’s responsibilities and the Government component in the relationship.
Dr Whiteford
I agree with my hon. Friend, who makes his point well.
As someone who represents coastal communities that have for many decades been held back by the shortcomings of the way that the Crown Estate has operated in Scotland, I for one cannot wait to see those public assets brought under proper democratic accountability and working for the good of those communities. New clause 28 would reduce complexity by removing the reservation relating to the management of the Crown Estate and provide the Scottish Parliament with full legislative competence in relation to the management of the Crown Estate in Scotland. It would also transfer any functions of the Crown Estate Commissioners in relation to rights to the continental shelf beyond the 200 nautical mile-limit adjacent to Scotland. Up to now, Parliament has not made a good job of scrutinising the activities of the Crown Estate. We have an opportunity today to put that right by opening the Crown Estate to better public accountability and putting its assets at the service of our communities.
There are a number of amendment on a miscellaneous range of subjects, all of which would strengthen the Bill, and I want to touch on those before concluding. New clause 29 would give the Scottish Parliament control over the regulation of party political broadcasts for local elections and Scottish elections as well as any referendums held in Scotland in devolved competences, as per the Smith commission recommendation at paragraph 23. That seems to have been missed out of the legislation to date.
New clause 30 devolves broadcasting by amending schedule 5 to the Scotland Act 1998. This would not impact directly on the delivery of the Smith commission proposals on the BBC and Ofcom, both of which are being delivered through memorandums of understanding. Rather, if passed, it would provide for a wider role for the Scottish Parliament and the Scottish Government in broadcasting policy in future.
Amendments 182 and 183 relate to gaming machines and licensed betting premises, and replace the reference to “betting premises” with the more general reference to “gambling premises”, giving full effect to the Smith commission recommendation in paragraph 74.
New clause 31 would give the Scottish Parliament general legislative competence over agriculture, aquaculture and fisheries levies. For me, this reform cannot come soon enough. It would bring to an end the absurd and unacceptable situation whereby Scottish fishermen are paying levies that are used to promote their Norwegian competitors’ fish instead of being used to promote Scottish seafood and to develop new products and markets. For instance, the UK Sea Fish Industry Authority currently organises the UK fish and chip shop awards, which is used by the Norwegian Seafood Council to promote frozen Norwegian fish into the UK market. The finalists of the 2016 awards are even being taken to Norway to learn about the supply of fish from Norway to the UK.
I have no problem at all with fair competition, but I have a massive problem with fishermen in my constituency being forced to pay levies that are then used by a publicly funded body to undermine their own businesses. It needs to end. That is just one reason why the Scottish Seafood Association and others support the devolution of these levies, which could be much better used to promote our locally sourced top-quality produce.
New clause 32 would give Scottish Ministers full powers and the flexibility to decide who would run rail services, in line with paragraph 65 of the Smith commission recommendations, and would allow public sector operators to bid for rail franchises.
Amendments 184 to 188 all relate to fuel poverty support schemes in clause 50, and would provide scope to reshape fuel poverty programmes in Scotland, while amendment 189 removes restrictions on the consultation process with the Scottish Government and Scottish Parliament in relation to the renewables incentive scheme. Again, this would bring the Bill into line with the Smith commission recommendation for a formal consultative role and enable the development of the intergovernmental concordat that we believe is necessary.
Lastly, new clause 33 would enact a formal consultative role for the Scottish Government and the Scottish Parliament in setting the strategic priorities of the Civil Aviation Authority, which I know is a very important issue for my hon. Friend the Member for Livingston (Hannah Bardell).
Hannah Bardell (Livingston) (SNP)
Does my hon. Friend agree that the time for debating and voting today is woefully inadequate, given the magnitude and importance of the issues and the number of amendments —more than 100 from the Government? Does she agree that new clause 33, enabling the Scottish Parliament and Government to have power over the Civil Aviation Authority, is very important, particularly to my constituents in Uphall, Broxburn and many other areas of Livingston who have been affected by the first new flight path in 40 years in Scotland—yet the Scottish Government and Parliament have no power over how the CAA operates in that regard?
Dr Whiteford
My hon. Friend makes an important point, and that new clause would make a huge difference to her constituents. She highlights the current lack of democratic accountability in respect of some of these decisions.
We have heard a lot of grandiose language about the Scotland Bill today—that it represents an historic departure and creates a powerhouse Parliament. I welcome the changes that the Government are belatedly introducing, but all the flowery rhetoric in the world will not hide the fact that the Scotland Bill still falls some way short of the Smith commission proposals. More than that, it falls a long way short of the promises made to the people of Scotland.
The SNP amendments would significantly strengthen the Bill and bring it closer to the expectations and aspirations of the people who voted in unprecedented numbers for real powers and meaningful change. As things stand, it will be those on low and average incomes, especially families with children, who will pay the price of these missed opportunities as they continue to suffer under Tory austerity. Big claims have been made for the very modest proposals in this Scotland Bill. Hon. Members could beef it up immeasurably by backing the amendments that I have tabled. I ask them to stand with us tonight in the interests of the Scottish people.
Yvette Cooper
I want to comment briefly on the proposal to devolve abortion law to the Scottish Parliament.
Since 1967, a framework has allowed women to make personal decisions with their doctors. Those decisions are often very difficult, but they should rightly be made by women. I fear that new clause 15, which is being rushed through without proper consultation, will allow the existence of different frameworks in Scotland and in England and Wales. We know that when similar arrangements have operated in Ireland, and also in parts of the United States, many women who may be very vulnerable have often had to travel in order to gain access to the abortion services, advice or healthcare that they need. We do not think it right for women in those circumstances to have to travel far from home and family to secure the services and support that they need, but new clause 15 would allow that to happen.
The new clause also opens the door for deliberate campaigning against a fragmented system. In the United States, anti-abortion campaigners have deliberately targeted individual states and legislatures, and, having failed to change abortion law at federal level, have been able to do so at state level. In fact, they have introduced 200 changes and restrictions on women’s access to abortion over just three years.
Yvette Cooper
I think that, sadly, the hon. Lady is missing the point completely. The issue is whether there are to be different frameworks, and whether women will be expected to travel because the jurisdictions are different.
We know that there is a significant chance that the anti-abortion campaigners will campaign in this instance, because we know that they already want to do so.
Yvette Cooper
I have no time.
The new clause was not initially tabled by the SNP or the Scottish Secretary. It was initially tabled by Members of Parliament who, for a long time, have campaigned for much greater restrictions on abortion. I think the whole House should consider the fact that anti-abortion campaigners want the opportunity—