Public Service Pensions Bill

Debate between Eilidh Whiteford and Cathy Jamieson

Tuesday 4th December 2012 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I begin by expressing my gratitude to the Clerks and to Mr Speaker for their forbearance in ensuring that the amendment tabled in my name is debated in the most appropriate group this afternoon. That said, there is but one lonely little amendment—amendment 32, which would amend clause 16—in my name in this group. In some ways, it is a very technical and practical amendment, but it would allow for the closure of existing Scottish schemes by 1 April 2016 instead of 2015. It would put these reforms on a much more realistic time scale.

I am sure Members will be aware that the Scottish Government have devolved executive competence for a number of aspects of a number of Scottish public sector pension schemes. There have been considerable delays in establishing exactly what flexibilities are open to the Scottish Government in those areas for which they have responsibility, and it has been difficult to gain clarity over what that process might look like. That has obviously had an impact on the negotiating process.

Gaining clarity has happened in an extremely piecemeal fashion. Back in March 2012, Ministers initiated partnership negotiations with employers and trade unions about the pension schemes of the NHS, teachers, police and firefighters. On 28 March, a letter arrived from the Chief Secretary to the Treasury—I am sorry he is not with us for this debate—setting out some new constraints regarding the links between normal pension age and state pension age, which we will debate later. In May, there was more communication from the Chief Secretary, who informed the Scottish Government that they would require explicit Treasury consent for cost-sensitive changes to the teachers or the NHS schemes, and in July the Scottish Government were informed that the UK Government wanted to extend the Bill to non-departmental public bodies and Scottish judicial offices. At that stage, there was still no clarity on flexibilities relating to the pension age requirements, which everyone knows is a key sticking point in the negotiations.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I understand the hon. Lady’s point and I know that some of the trade unions have commented on the matter. Is she aware of the correspondence between the Chief Secretary to the Treasury and the Scottish Government in October, in which the Scottish Government were invited to suggest some amendments to the Bill? Is her amendment one of those that the Scottish Government suggested to the Chief Secretary or to other Ministers?

[Dr Whiteford]

I am afraid that I am not privy to the Scottish Government’s processes on this, so I cannot answer the hon. Lady’s question with any certainty whatever. What I can say is that the Scottish Government got clarity only a few weeks ago on the extent to which they can deviate from the proposals for England and Wales, and that the degree is quite limited indeed. I think the Scottish Government will have some flexibilities on accrual rates and some revaluation bases.

Small Charitable Donations Bill

Debate between Eilidh Whiteford and Cathy Jamieson

Monday 26th November 2012 Commons Chamber

[Cathy Jamieson]

I beg to ask leave to withdraw the amendment.

Amendment 4, by leave, withdrawn.

Amendment made: 23, page 2, line 1, leave out ‘double’ and insert ‘10 times’—(Sajid Javid.).

This amendment changes the gift aid “matching” rate from 2:1 to 10:1. In other words, to make a claim in respect of £5,000 of small donations, a charity would need to make successful gift aid claims in respect of £500 of donations, rather than £2,500.

Clause 2

Meaning of “eligible charity”

Amendments made: 24, page 2, line 12, leave out ‘3 of the previous 7’ and insert ‘2 of the previous 4’.

This amendment, and amendments 25 to 27, change the criteria for determining a charity’s eligibility for the small donations scheme. Under this amendment, the charity must have made successful gift aid claims in 2 out of the previous 4 tax years, rather than 3 out of the previous 7.

Amendment 25, page 2, line 16, leave out ‘3’ and insert ‘2’.

Under clause 2(2), earlier gift aid claims are ignored for the purpose of the eligibility rules where a charity doesn’t claim for 3 consecutive tax years. This amendment reduces that period to 2 consecutive tax years.

Amendment 26, page 2, line 22, leave out ‘2 tax years’ and insert ‘tax year’.

This amendment reduces the period for which a charity is not eligible where a penalty is imposed on the charity. Under the amendment, the period will be the tax year the claim was made and the next tax year (rather than that year and the next 2 tax years).

Amendment 27, page 2, line 26, leave out ‘3’ and insert ‘2’.—(Sajid Javid.)

This amendment reduces the “start-up period” for a charity to the first period of 2 (rather than 3) consecutive tax years during which it is at all times a charity.

Clause 7

Meaning of “running charitable activities in a community building” etc

Amendment made: 28, page 5, line 24, leave out ‘HMRC’ and insert ‘The Treasury’.—(Sajid Javid.)

This amendment makes the Treasury, rather than HMRC, responsible for making orders under clause 7(3).

Clause 8

Meaning of “community building”

Amendment made: 29, page 6, line 4, leave out ‘HMRC’ and insert ‘The Treasury’.—(Sajid Javid.)

This amendment makes the Treasury, rather than HMRC, responsible for making orders under clause 8(5).

Clause 14

Power to alter specified amount etc

Amendments made: 30, page 11, line 5, at end insert—

‘(1A) The Treasury may by order amend this Act for the purpose of—

(a) amending the gift aid matching rule;

(b) abolishing that rule;

(c) reinstating that rule (if previously abolished), with or without amendment.

(1B) In subsection (1A) “the gift aid matching rule” means the rule that limits the amount of top-up payments to which a charity is entitled by reference to the amount of gifts made to the charity in respect of which it has made successful gift aid exemption claims.’.

This amendment gives the Treasury power by order to amend the gift aid matching rule (see clause 1(3), (4)(a) and (5)), to abolish the rule or to reinstate it. The order would be made by statutory instrument subject to draft affirmative procedure in this House (clause 17).

Amendment 31, page 11, line 5, at end insert—

‘(1C) The Treasury may by order amend section 2 (meaning of “eligible charity”).

(1D) Section 2, as amended by an order under subsection (1C), must as a minimum include a condition requiring the making of a successful gift aid exemption claim in a previous tax year.’.—(Sajid Javid.)

This amendment gives the Treasury power by order to alter the eligibility rules in clause 2. But the altered rules must include a condition requiring the making of previous gift aid claims. The order would be made by statutory instrument subject to draft affirmative procedure in this House (clause 17).

Schedule 1

Meaning of “small donation”: conditions

[Dr Whiteford]

I beg to move amendment 34, page 14, line 4, leave out ‘in cash’.

This amendment allows for gifts made by contactless cash card and mobile telephone transactions where it is impractical to obtain a gift aid declaration.

Fuel Duty

Debate between Eilidh Whiteford and Cathy Jamieson

Monday 12th November 2012 Commons Chamber

[Cathy Jamieson]

I have given way to the hon. Gentleman already and want to make some progress.

We believe that the Chancellor should rethink his plan to give a tax cut to millionaires in April while putting up taxes for pensioners. As the shadow Chancellor announced on Friday, we believe that the Chancellor should cancel the 3p rise in fuel duty planned for January until at least April.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the hon. Lady agree that one of the unfairest aspects of the planned duty rise is the disproportionate effect of such taxation on folk in rural areas, as they have no alternative forms of transport and have further to travel?

[Cathy Jamieson]

The hon. Lady makes a valid point. I am certainly well aware of the problems faced by people in rural areas where there might be no alternative. I hope that she will support our motion this evening.

The Chancellor and the Prime Minister might never have had to worry about the cost of filling up their cars, but millions of people across the country worry about that every day, as we are hearing. To be fair, some Government Members recognise that and have been vocal about it, or at least they were until today, when they suddenly appeared to go quiet.

Scottish Separation

Debate between Eilidh Whiteford and Cathy Jamieson

Tuesday 10th July 2012 Westminster Hall

[Dr Whiteford]

The Scottish Government have introduced a living wage for all public sector jobs for which they are responsible, and I welcome everybody who supports decent pay for working people. I did not hear my hon. Friend’s speech last week, so I cannot explain its context. I think, however, that we have to tackle inequality, and particularly women’s inequality in the workplace, which has been a long-standing problem in Scotland.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Will the hon. Lady give way?

[Dr Whiteford]

I will not give way just at the moment, although I will in a bit. The problem of inequality is particularly frustrating because, in spite of a period of unprecedented growth in the global economy, the previous UK Government missed a genuine opportunity to deliver a more prosperous and fairer society. It is hard not to reach the conclusion that those opportunities for growth were squandered by an unsustainable boom that had too few beneficiaries.

[Dr Whiteford]

I thank the hon. Gentleman for his intervention, but I am slightly confused. My understanding is that according to almost every indicator—whether unemployment, employment or foreign direct investment—the Scottish economy is outperforming the UK economy. It would behove the hon. Gentleman well not to make too much play of the previous Administration’s record. Even in recent weeks, we have seen the debts that have been stacked up through poor private finance initiative investments. The Labour party took on the mantle of its Tory predecessors, and stacked up £31 billion in PFI debt. The chickens have fairly come home to roost in the past few weeks, and we are seeing NHS trusts starting to go bankrupt. Those choices left us sharply exposed to the worst financial crisis for a generation, and now the present Government’s austerity measures are strangling recovery and pushing more of our citizens below the breadline.

The failure of successive Westminster Governments to make economic policy decisions for Scotland that help our economy grow and resonate with the values of the people of Scotland has convinced me that we need the opportunity to bring decision-making powers home to Scotland so that we can set better priorities and maximise our economic potential.

[Cathy Jamieson]

I welcome the opportunity to make a brief point about the living wage. The hon. Lady has suggested bringing decision making closer to home. Will she explain why the East Ayrshire council SNP administration has yet again refused to pay the living wage to council employees?

[Dr Whiteford]

I am grateful to the hon. Lady for that intervention. However, across Scotland, the Scottish Government have shown their commitment to living standards through a range of measures including on pay, prescriptions and all kinds of things that Labour could have dealt with when it was in power and chose not to.

There are various myths about Scotland’s economic position, some of which we have already heard this morning. I am glad that we have not heard too much about the biggest myth of all: that Scotland cannot pay its way. That is simply because the evidence just does not stack up. The reality is that the official Government expenditure and revenue figures show that Scotland has a smaller fiscal deficit than the UK as a whole—not just this year or last year but over the past five years. Even when North sea oil revenues fell by 50% in 2009-10, Scotland’s fiscal position remained stronger than that of the UK as a whole. In the most recent figures for 2010-11, Scotland accounted for 9.3% of UK public spending but 9.6% of UK tax revenue. Our 9.6% of UK tax was generated with just 8.4% of the population, which adds up to £1,300 for every man, woman and child in Scotland.

However, despite the relative strength of the public finances, as a result of the financial crisis and the fiscal mismanagement of successive UK Governments, the UK has a legacy of debt—as, indeed, the hon. Member for Livingston pointed out. Scotland will have to deal with that debt, whether we are independent or not. I put it to the hon. Gentleman that if UK public debt was allocated on a per capita basis, for 2010-11—the last year for which figures are available—Scotland’s net debt would be 51% of GDP compared with 60% for the UK as a whole. Let us not pretend that that is good, but it is certainly not as bad as some people might think. We must consider the reality of the current situation without necessarily looking at Scotland in pure isolation.

Scotland’s fiscal position is stronger than that of the UK, and it will remain so if we remain committed to utilising Scotland’s strong economic foundations and asset base to ensure fiscal responsibility. Recent figures published by the Office for National Statistics showed that, in 2010, Scotland was the third richest part of the UK—behind London and the south-east—with a gross value added per head of 99% of the UK average. That is excluding oil and gas output. If Scotland’s geographical share of oil and gas is included—the internationally recognised way to distribute such a resource—the GVA adds up to 115% of the UK average. That makes us approximately the 6th highest in the OECD.

Work Capability Assessments

Debate between Eilidh Whiteford and Cathy Jamieson

Wednesday 1st February 2012 Westminster Hall

[Cathy Jamieson]

My hon. Friend makes an important point. I wanted to give some examples of constituents who have had to appeal. One is a man almost at retirement age who has worked in a manual job since leaving school at 15, who became unfit to work. He requires a tube to be inserted into his gullet so that he can eat and drink. He could not bend forward during the assessment process or when he came to speak to me, because if he did so anything in his stomach would be emptied out; he has no muscular control. Initially he was told that he was fit for work. With our assistance he won his appeal. On the other hand I have another constituent, with a progressively degenerative eye condition, who is registered blind and can just about read a 42 point font, which is fairly large. She lost her appeal. There seem to be different circumstances and different approaches.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

The hon. Lady makes an important point. My concern about people who must go to appeal is that they do not get the advice and support they need. People who get it are more likely to succeed in their appeals, but Citizens Advice talks about a threefold increase in impact on its services since the process was introduced. I am sure that many hon. Members have had increased mail in that time.

[Cathy Jamieson]

The hon. Lady makes an important point. I do not think that anyone would doubt that there is pressure on advice services. Organisations for individual conditions, such as Parkinson’s UK or the Multiple Sclerosis Society in my area, will talk about their concern that, although they can help so many people, there are others they cannot reach. I know from my case work that more people are coming to me to raise their concerns. They want to be put in touch with advocacy services to help them with appeals; my office cannot take on the job of representing people at every appeal, on account of the numbers involved.

Scotland Bill

Debate between Eilidh Whiteford and Cathy Jamieson

Monday 7th March 2011 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the hon. Lady share my experience that the abuse of air weapons often involves not only the cases that make the newspapers, but the distressing circumstances of much-loved family pets being injured or killed when shot at? Those stories never make the headlines, but they nevertheless cause great distress in communities.

[Cathy Jamieson]

I absolutely agree. Of course, those are the types of incidents that local newspapers report far more regularly than national newspapers.

Information about the incident in Auchinleck quickly got into the public domain, some of which was not absolutely accurate. A number of school pupils were injured, albeit by what the hon. Member for The Cotswolds described as a toy BB gun—I have more to say on that in a moment—and required hospital treatment, so I hope that he is not suggesting that it is not necessary to have a serious look at how that gun got into the hands of the people who used it, what they were doing with it and why they became involved in such an incident. To be honest, I recognise where he is coming from in relation to his sporting and shooting interests, but I find it difficult to understand in any event why anyone living in an urban environment would require an air weapon in their home. It is time we looked at the issue, and I hope that that is something a licensing or other regime in Scotland could deal with.

I want to say something about firearms in general. I accept many of the points made by the hon. Member for Perth and North Perthshire (Pete Wishart), but I do not believe that at this stage we require responsibility for the whole range of firearms legislation to be devolved to the Scottish Parliament. However, I do think that it is incumbent on the UK Government—perhaps the Minister will indicate what discussions he will have or has had with Home Office colleagues—to ensure that the provisions of the 1968 Act still stand the test of time. The worst possible thing that could happen is that we devolve something and discover subsequently that we will have to revisit it, for example if the definition of what constitutes an airgun is no longer seen to meet the needs of the legislation we are devolving.

I want to say something on BB guns, because I know that in many instances they are the weapons—I use the word “weapons” rather than “toys” because of the damage they can inflict—that cause exactly the problems that the hon. Member for Banff and Buchan (Dr Whiteford) identified. I also believe that there is a gap in the legislation, because those weapons appear to be easily available, particularly to children and young people. The fact that they are not covered by legislation sends entirely the wrong message. I would be interested to hear whether the Minister will have discussions with his Home Office colleagues to take that forward.

I appreciate that other Members want to comment in the debate and so do not intend to speak for much longer. I feel that the time is right, and I have given the matter careful consideration because my initial response when Justice Minister, as I have said, was that we should not legislate or press for legislation in haste. It is four years since that time, and considerably longer since the incident in Easterhouse, so no one could accuse us of legislating in haste when we take these measures forward.