Graham Allen
Main Page: Graham Allen (Labour - Nottingham North)Department Debates - View all Graham Allen's debates with the Scotland Office
(9 years, 4 months ago)
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Wayne David
I am glad that the SNP accepts the point I am making.
It would have been better if, instead of putting nationalist sentiment first, the SNP considered harsh economic reality and the wellbeing of the Scottish people, but no—it decided to press ahead. As SNP Members are well aware, rail passengers are suffering badly as ScotRail has adopted an approach to industrial relations that the Scottish TUC’s Graeme Smith has described as “nothing short of shambolic”. Few would disagree with that comment.
Yesterday, ScotRail cancelled a third of its usual Sunday services after pay talks with train drivers’ union ASLEF stalled. Abellio ScotRail has written to staff to offer voluntary redundancy, even though the franchise was supposed to guarantee that that would not happen. In the light of these developments, it is important for us to say clearly that Abellio’s workforce planning and industrial relations are shambolic—and that is an understatement.
Why on earth is what is happening on the Scottish railways being allowed to happen? Surely what is needed is in-depth scrutiny and a review of the previous tendering arrangements. In tabling amendment 158, our desire is not merely to put the spotlight on the foolish behaviour of the SNP Government in Scotland, but to ensure that they learn the lessons so that their mistakes cannot be made again. I hope that Members on both sides of the Committee will feel able to support our amendment on that basis.
Mr Graham Allen (Nottingham North) (Lab)
Before I deal with the amendments and new clauses in my name, I should like to address a few words, through you, Sir David, to the other place. The way in which we are considering this Bill means that a large group of new clauses that try to give real life to the Smith commission proposals will not even be discussed this evening. They would give Scottish local authorities the general power of competence already enjoyed by English local authorities. They also refer to subsidiarity and to devolving power genuinely not just to the Scottish Parliament—of which I am one of the biggest supporters—but to Scottish local government. The new clauses would actually allow local government in Scotland to be constitutionally defined so that no one, either in this place or in the Scottish Parliament, could ever take away the rights and liberties of Scottish local government.
It is a flaw in our legislative process when we are not even allowed to debate those very important issues in our own Parliament. They have not even been dismissed. I very much hope that colleagues in the other place will note that those issues have not had a hearing. I think that many people—democrats from all parties—who were excited about the possibilities of what arose from the referendum and the Smith process will feel that this House has cheated them out of a proper debate on some of the wider issues of devolution.
This is going to happen again on another day, when the English version of devolution will be debased and devalued by a mere rearranging of the EVEL deckchairs in the House of Commons. I think people will live to regret that day, too.
Drew Hendry
As my colleagues have said, the principle of subsidiarity should not stop at local authorities. Does the hon. Gentleman agree that subsidiarity should be about people being able to take control themselves as and when they need to do so?
Mr Allen
I do not wish to be unkind to the hon. Gentleman, but subsidiarity is not stopping at local government in Scotland and many would argue that it is not really started at local government, either. There are many examples of how the Scottish Parliament, over which the hon. Gentleman’s party has majority control—there is no one else to blame—is sucking up powers. That sucking sound we hear from north of the border is the powers going up from local government to Holyrood. On subsidiarity, if it were justiciable, local government and, in fact, any individual, could take the Scottish Government to court if they removed the constitutional powers that I would have suggested had we had time to discuss the new clauses in the next group of amendments, but sadly we are not going to reach them.
Drew Hendry
Has the hon. Gentleman studied the document by the Commission on Strengthening Local Democracy in Scotland? It was a cross-party and civic society exercise in examining how Scotland might go forward. In fact, I as an SNP member was a signatory and co-author of that document and was on the commission.
The Temporary Chair (Sir David Amess)
Order. Before the hon. Member for Nottingham North (Mr Allen) responds to that intervention, I would be grateful if he drew his remarks more closely to the amendments under discussion.
Mr Allen
In a moment. Why do we need that document? I gently remind the hon. Member for Inverness, Nairn, Badenoch and Strathspey that we need it because of what his party has done to the police service, the fire service, local government, courts and colleges. I would be very happy to talk about the nationalisation of the police service in Scotland or the closure of 17 courts, but if I were to do so Sir David would call me to order. I could tell the Committee about the 23 local enterprise companies that were abolished and turned into just two, and give many other examples, but I will not stray there, Sir David, because I know you would say that I was out of order.
What I will say is that local government must play its part. Perhaps the hon. Gentleman and I can agree that local government has to be respected and recognised, and that my new clauses promote that possibility. Instead of that being at the whim of whoever happens to run the Scottish Government, it could be constitutionally defined. I suggest incorporating the words on subsidiarity from the Maastricht treaty. I suggest that the First Minister establishes a series of powers and competences for local government that can be changed only by a two-thirds majority in the Scottish Parliament. Those are ways in which, I hope he would agree, local government in Scotland could demonstrate to local government in England how to do things. Throughout the passage of the Bill—I hope the hon. Gentleman will give me credit for having been here on a considerable number of occasions—my concern has been to ensure that what is good enough for Scotland, and Scotland should have the very best, also applies to England.
I give way to the hon. Member for Midlothian (Owen Thompson), who has been very patient.
Owen Thompson
My hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) mentioned the Commission on Strengthening Local Democracy. The Scottish Government have also introduced the Community Empowerment (Scotland) Bill, which contains powers for greater local community decision making. The Scottish Government have given greater decision-making powers to local communities than anyone has ever given them in Scotland. The hon. Member for Nottingham North (Mr Allen) mentioned police and fire matters. There is greater local scrutiny of those matters than there ever was under the fire and police boards.
The Temporary Chair (Sir David Amess)
Order. This is very ingenious, but I would be grateful if the hon. Gentleman kindly related his remarks to the amendments before us.
Mr Allen
Certainly, Sir David. You are right to admonish the hon. Gentleman for trying to lure me, yet again, into discussing local government, which I would not wish to do. Although I worked hard to table eight new clauses on Scottish local government, it is probably of no concern to this Committee, which seems to regard it as an irrelevance. I think that that is mistaken, because local government is key to devolution in Scotland and in England, Wales and Northern Ireland.
To get back to the plot, Sir David, Lord Smith referred strongly in the foreword to his report to the need for localism in the further devolution of powers. He was very clear about that. If Members in all parties, collectively, can be clear about that too, we will see that each nation of the United Kingdom can be governed much more effectively when as much power as is humanly possible is given to the appropriate level. That includes not just Parliaments, Assemblies and Executives, but local government and—to pick up the very good point made by the hon. Member for Inverness, Nairn, Badenoch and Strathspey—beyond that, through double devolution, to neighbourhoods and communities, which can deliver many of the services that are currently over-centralised in Westminster, Whitehall and Holyrood.
I have tabled two of the new clauses in this group. New clause 50 concerns, in effect, a Bill of Rights. Earlier in the passage of the Bill, when I think you were in the Chair, Sir David, I suggested that the Scottish Parliament should continue with the Human Rights Act 1998, regardless of what this place does anywhere else in the United Kingdom. That Act should be safeguarded. I would go further, as I do in new clause 50. Human rights, as defined by the European convention on human rights, are very important. They are the fundamental block on which our liberties and freedoms rest, as I said in our earlier debates.
The issue of human rights could be taken further in Scotland through a discussion of economic and social rights. That is not an easy area, but it is perfectly possible for Scotland to lead in it. As the Scotland Bill is before the House, I have taken the opportunity to suggest that the Scottish Parliament could be a strong advocate of those rights. In the run-up to the elections next May, all parties in the Scottish Parliament should have a view on whether we can take human rights that one step further in one nation of the Union, even if human rights are being deferred, delayed and eroded in other parts of the United Kingdom.
One of the beauties of a federal system is that one part can pioneer and lead when other parts lag behind. The Minister knows that well from her experience of pushing forward ideas about early intervention and the treatment of children. She knows that if she works hard in her area, or if someone in one American state pioneers something, it is there as an example for everyone else to pick up as and when resources allow. A varied ecology allows our politics to thrive and grow, and it is the antithesis of an over-centralised state based in Whitehall that tells everybody what to do whether they are in Nottingham, Aberdeen or Cardiff.
Mr Allen
Those who feel that they are being referred to should take that upon themselves, but surely they would not wish to injure the rest of the Union. Surely that is not a price that anyone would pay. A body that could analyse what happens as Scotland evolves would benefit its near neighbours, and it could be of great use as we continue the discussions on Scottish devolution.
Brendan O'Hara
Will the hon. Gentleman reflect on his terminology and on “bitter separatists”? Much of what he said was of great interest to many of us, but the spirit of it was perhaps lost by his use of those words.
Mr Allen
I seem to touch a nerve every time I use the word “separatist” to describe those people who wish to separate. [Hon. Members: “ You said ‘bitter.’”] Well, there may be bitter separatists and there may be lovely, generous warm separatists—I am sure there are; perhaps I am looking at many of them now. If people are pursuing a project so enormous that they might get offended at the word “separatist”—[Hon. Members: “You said ‘bitter!’”] Oh bitter—forgive me. In that case, so as to carry on in the right spirit I withdraw the word “bitter”. People of all temperaments who are separatists may wish to consider how they make their case, and they should not be too worried if someone refers to people who, for genuine reasons want to separate from the other countries in the Union, as “separatists”. That word has had a good outing now—hopefully, separatism and separatists will not cause such a problem now we have burst that bubble.
Mr Allen
I am happy with that—some are ardent and some are not so ardent, but whether they are separatists or any other word we care to use, the impact of some of their policies may be that Scotland separates from the Union. I would hate to see Scotland separate; I want the rest of the Union to learn from Scotland and ensure that England, Wales and Northern Ireland enjoy the fruits of devolution rather than this constricted, over-centralised system that we all labour under, and that even people such as me can become bitter about, even though I am not a separatist.
Sir Oliver Heald (North East Hertfordshire) (Con)
I am sure the hon. Gentleman will agree that one cannot be too sensitive in a place where our visitors are known as “strangers”. He speaks about an office of wellbeing. How does he define wellbeing? Is it the same sort of wellbeing that we have in health and wellbeing arrangements in the NHS?
Mr Allen
Again, we can get hung up on the words, and the Office for Budget Responsibility could argue about what “responsibility” means. I am trying to suggest that there should be an independent body that can define some statistical basis for the economic arguments we will all have, whatever our political differences. I think the hon. Member for Inverness, Nairn, Badenoch and Strathspey wished to intervene, but I do not want to disturb him if he is looking at a good game on his PC.
Drew Hendry
I was not looking at a good game, but I thank the hon. Gentleman for allowing me to intervene. I wanted to pick up on the issue of pejorative terms because I do not think they help the debate. However, the hon. Gentleman should feel free to use whatever terms he wants because we will just go on representing Scotland. Perhaps the lessons that should be learned from Scotland are that the Scottish public voted in overwhelming numbers to return 56 SNP MPs and have them stand up and have Scotland’s voice heard, which it clearly is not being.
Mr Allen
Yes, but I think 6% of the United Kingdom electorate voted for the SNP, so if we get into statistical battles—[Interruption.] We are in the federal Parliament now. Those who get annoyed must understand that this is not Holyrood and MPs are not entitled to do to local government in nations outside Scotland what has been done to local government inside Scotland. That writ, where what the SNP says goes and we must do, does not extend to the federal Parliament. So I would say to the hon. Member for Inverness, Nairn, Badenoch and Strathspey that in the rough and tumble of debate on the Union, there is a fundamental question. Some people wish to have devolution and some people wish to separate—I regard that not as pejorative but as accurate—and those debates must be heard here, even if the electoral system has handed a large number of seats to one particular party. It is a matter of respecting the views of everyone else. If that is done, that party might be able to claim that it represents the people of Scotland. But it cannot claim to be the exclusive voice of Scotland when so many people did not vote for that party and, of course, a large majority rejected the fundamental platform on which the SNP stands—separation from the Union.
Wayne David
We have heard a great deal about the fact there are 56 SNP Members. We are debating the Scotland Bill, so where are they? There are fewer than a dozen SNP Members in the Chamber. So much for being the voice of Scotland! [Interruption.]
The Temporary Chair (Sir David Amess)
Order. Before the hon. Member for Nottingham North (Mr Allen) responds to that intervention, may I remind the Committee that the knife falls at 10 pm, and other hon. Members wish to speak? I have been very lax in allowing Members to drift on to the third group, which is not for discussion. I would ask the hon. Gentleman to draw his remarks much more closely to the amendments.
Callum McCaig
Amendment 154 addresses the consultation process on the renewable electricity incentive schemes. Paragraph 41 of the Smith commission report states:
“There will be a formal consultative role for the Scottish Government and the Scottish Parliament in designing renewables incentives”.
Clause 53 provides that that would not apply in relation to
“any levy in connection with a renewable electricity incentive scheme”—
or to anything that the Secretary of State deems to be a minor, technical or administrative change. In the light of recent matters that certain parties seem to think are minor, administrative or technical, but that my party views as a major attack on Scotland’s renewable energy industry, the inclusion of those words gives some cause for concern, as does the rowing back on what was promised in the Smith report.
The fundamentals of this are clear. The all-party devolution committee, about which we have heard much in the last few days of debate, said:
“Clauses 56 and 58 are identical to draft clauses 42 and 44 but Clause 53”—
the one I am talking about—
“has been changed, and does not require the Secretary of State to consult the Scottish Ministers about any levy in connection with a renewable electricity incentive scheme, it is understood that this relates to Contract for Difference—Supplier Operational Levies and Capacity Market—Settlement Cost Levies. These are levy payments made by Suppliers to cover the operational cost of administrating Contract for Difference and Capacity Market.”
Such levies are fundamental to designing renewable incentives. The spirit and letter of Smith demand formal consultation with the Scottish Government. Frankly, I do not understand what the consultation on renewable incentives will be about if it does not include the money required to enable them to happen.
I want to hear from the Minister on this issue, but I have one final point to make about the message that will be sent to the renewable industry in Scotland and beyond if amendment 154 is rejected. Investors are already on edge because of the disastrous handling of the early closure of the renewables obligation. If the promise of meaningful consultation is withdrawn, it prompts the question of what else the Government have in store to wreck Scotland’s renewables potential.
Andrea Leadsom
Let me reassure the hon. Gentleman that we are talking about consultation with the Scottish Parliament on the design of renewable incentive schemes. The point I am making is that where there are minor, technical changes, the need to consult would be too time-consuming and burdensome on both sets of Ministers. That is why we urge him not to press amendment 154.
Amendment 155 concerns the Competition and Markets Authority. A market investigation is a significant undertaking by the CMA, and the impact of business uncertainty and potential remedies may spread across the whole UK. Let us not forget that the CMA is funded by the UK Government, so it is only fair that, just like UK Ministers, Scottish Ministers should be required to involve the Secretary of State in any decision to require the CMA to undertake an investigation. I therefore urge hon. Members not to press amendment 155.
Turning to the amendments from the hon. Member for Nottingham North (Mr Allen), I fully recognise the position that he is trying to convey. He and I have had many conversations on wellbeing, and he will know that I am a big fan of devolution—I am a fan of devolution to local government and a fan of this devolution Bill. The Bill proposes fundamental changes that will give unique new powers to the Scottish Parliament that it has not had before. It will mean that, overall, this devolution settlement is one of the strongest anywhere in the world. The Bill will give significant new powers to Scotland, and it is important that all Members get the opportunity to do justice to those.
Equally, the hon. Gentleman will recognise that we do not want to be telling the Scottish Parliament whether it should be setting up its own commission on wellbeing or, indeed, what sort of commission it should establish. It will be for Scottish Ministers, with the support of their Scottish MPs, to decide when and if they want to establish their own commission for wellbeing and, of course, what sort of powers they want to devolve to their local government, local enterprise partnerships and so on.
Mr Graham Allen
I agree with what the hon. Lady is saying, but will she also touch on the rights of local government, so that it, too, can have responsibilities and clarity about its role? At the moment, that is unfortunately not the case in Scotland—or, indeed, any other part of the Union—but we now have an opportunity to give local government in Scotland that freedom.
Andrea Leadsom
The hon. Gentleman makes an interesting point. As my right hon. Friend the Secretary of State has said, he will be looking carefully at the debate and at all the feedback right across the House, giving consideration to all those proposals to see whether there is anything more we need to do to improve the settlement for Scotland. A lot of valuable contributions have been made and there is a long way to go with this devolution Bill. I am sure my right hon. Friend will listen to what the hon. Gentleman has to say, but at this point there is nothing further I can add to his comments, other than to say that I would of course entirely support any work done on wellbeing for any of the countries that make up the United Kingdom.
I think it is an incredibly important subject, and I certainly pay tribute to the hon. Gentleman for the work he has done. We have worked in close co-ordination on giving every child the best start in life and on the importance of wellbeing. I pay tribute to the Scottish Parliament, too, because I am aware of the enormous strides made in Scotland on supporting wellbeing and the best possible start in life for every child. I commend that Parliament for its foresightedness. I sincerely believe that other parts of the United Kingdom have something to learn from its actions.
To conclude, the discussion of all the amendments has been important. Today has been a bit of a wash-up, in that we have discussed everything ranging from the new powers for Scottish Members and appointing new members to the Northern Lighthouse Board to Scottish television stations and taking parliamentary submissions from Ofcom and Ofgem. We have also talked about new powers for the Scottish Parliament to be able to decide on the measures it wants to make to deal with fuel poverty and about incentives for new supplier obligations in Scotland to deal with those struggling to pay their bills.
I think that this set of measures represents an enormous transfer of powers from the UK to Scotland. All right hon. and hon. Members should be very pleased about that. We have heard a number of views on all the issues raised today, but for the reasons I outlined, I believe that the Bill’s clauses are in keeping with the Smith commission agreement, so I urge hon. Members not to press their amendments.
Clause 46 ordered to stand part of the Bill.
Clauses 47 to 52 ordered to stand part of the Bill.
Clause 53
Renewable electricity incentive schemes
Amendment proposed: 154, page 60, leave out lines 9 to 17.—(Calum McCaig.)
Question put, That the amendment be made.