Scotland Bill Debate

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Department: Scotland Office
Monday 9th November 2015

(8 years, 6 months ago)

Commons Chamber
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David Mundell Portrait David Mundell
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As the hon. Gentleman will know, the Trade Union Bill is still under discussion in this House, and it is the Bill as finalised by this House and the other place that will determine the nature of any legislative consent motion that is required, as is the normal practice.

The amendments I have tabled today fulfil my commitment to reflect on the debate in Committee. It is a bit rich to be criticised both for taking no amendments and, in the same breath, for tabling too many. We took the Committee process seriously and the contribution from the devolved powers committee in the Scottish Parliament very seriously, and that has determined our thinking in lodging these amendments. We will now hear the case for other, non-Government amendments, but the House will not be surprised to hear that the Government still consider that full fiscal autonomy is not in the interests of the people of Scotland. I believe that Scotland’s parties, rather than rerunning the referendum, need to work together to understand how the powers in the Bill will be used for the benefit of the people of Scotland. The UK Government are honouring their commitment in the Edinburgh agreement, accepting the result of the referendum and moving forward to give the Scottish Parliament significant new powers within our United Kingdom.

Graham Allen Portrait Mr Graham Allen (Nottingham North) (Lab)
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It is very nice once again to be talking about Scottish—[Interruption.] I give way to the Clerk. That is the first time I have been heckled from the Clerk’s Table, but I am sure it will not be the last.

There is one thing that concerns me. Much as I welcome the devolution to Scotland that the Scottish people have achieved—owing to the hard work of people such as Donald Dewar, the Scottish constitutional convention, even the Scotland Act 2012 and now this Bill—there are those of us who represent constituencies in England who envy that and would kill for 1% of the effective devolution that has gone to Scotland. I congratulate the Scottish people on their efforts and where they have got to, but I hope we will come very soon to how England can learn some of the lessons of Scottish devolution, because it has taught many of us many lessons. I will perhaps touch on some of the devolution packages now appearing in England, which look puny and weak compared with the proper devolution that has now taken root, quite rightly, in Scotland.

My anxiety is about centralisation. It is not devolution if the powers merely go to the next stage. If they go from Whitehall to Holyrood and stay there—and, some would argue, are perhaps not used as sufficiently as they could be—

Graham Allen Portrait Mr Allen
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If the hon. Gentleman will allow me, I will make my case and happily give way later.

If the powers stay at Holyrood and do not filter down to lower tiers—perhaps local government in Scotland—and, most importantly, to the Scottish people in their communities and neighbourhoods, that is not sufficient devolution. Exchanging centralisation from Whitehall and Westminster to Holyrood is not the bargain that many of us thought we had when it came to devolution in Scotland.

Ian Blackford Portrait Ian Blackford
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If the hon. Gentleman had been paying attention to events in Scotland, he would recognise that the Scottish Government have brought forward proposals for further devolution to our island communities. When the Scottish Government came to power, one of the first things we did was to remove the vast amount of ring-fencing that constrained local authorities, so it is the previous Labour Administration who are guilty of centralisation, not the Scottish Government that we have today.

Graham Allen Portrait Mr Allen
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It is always good to hear of examples of further devolution. I say more power to those who want to “double devolve”—and the more that happens, the more those in the other nations of the Union will learn from such examples. I gently warn the hon. Gentleman, however, that it is no good always going back to times before his party controlled and ran the Scottish Parliament with powers that are unheard of in the rest of the Union—and that should be spread to the rest of the Union. There has to be a point where people are clearly using those powers rather than complaining about what they would like to have, do not use or think they ought to have. It is a really important lesson for all of us who believe in devolution that we need to push these things further. In that case, why have my good friends in the Scottish National party not supported or proposed amendments to make sure that local government—in this case, in Scotland—can go further and run much more of its own affairs?

Dan Poulter Portrait Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)
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As always, the hon. Gentleman makes a coherent argument about constitutional matters on which he possesses great expertise. Does he agree that this is often a two-stage process? The first stage is devolving powers to the Scottish Parliament, after which it is then for the Scottish Parliament further to devolve the powers, to the islands and other communities, as indeed it has done?

Graham Allen Portrait Mr Allen
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It is important to see devolution develop in stages. I mentioned earlier that we have made a start on the devolution proposals for England and that another couple of Bills might be necessary, even in this Parliament, before we can really see what devolution in England looks like. However, there must be a point at which the powers already devolved—in this case to the Scottish Parliament—can be pushed beyond and down to people on the ground. That is why I proposed—I did not hear a great deal of support for it—to ensure that local government in Scotland can, with the local people’s consent, raise its own taxation. If people are won over and convinced of the need, it should be possible to raise levels of a particular tax in an area. I often mention my local circumstances in Nottingham, where we would like to levy a tourist tax or a bed tax in order to do good works, providing that people in the local area consent and agree.

Philippa Whitford Portrait Dr Philippa Whitford (Central Ayrshire) (SNP)
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Does the hon. Gentleman not see that the whole point of devolution is to ensure that those decisions are made by the Scottish Parliament in Holyrood, which is already carrying through the Community Empowerment (Scotland) Act 2015? It is not for this place to tell the Scottish Parliament what to do with the power that is devolved—otherwise, the power is not really devolved.

Graham Allen Portrait Mr Allen
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I cannot speak for this place; I can give only my personal opinion. The hon. Lady has heard me say how important it is that powers are devolved to the Scottish Parliament, and as a devolver and a democrat, I would like to see powers devolved out of Whitehall to local areas in England, for example, and on to the ground— even, in my own case, going beyond the Nottingham City Council, good though it is, right down to the localities. It is not a case of someone telling someone else to do this. If we believe in devolution—and I understand why the nationalists may feel that they do not want devolution, because it undermines the nationalist ethic—[Interruption.] That is a perfectly valid position to hold, and it is nothing to be ashamed of, but nationalism is not localism.

None Portrait Several hon. Members rose—
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Graham Allen Portrait Mr Allen
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I will give way in a second.

If we believe in localism, or in subsidiarity—a word that I used in one of my new clauses—and pushing power to the lowest possible levels, we cannot stop with nationalism, or the nation state. There must be a whole panoply: there must be a whole view of how power can go to the people rather than merely to another elected set of people in the Scottish Parliament, which, believe it or not, may well seem as remote to some people as the federal Parliament here.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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In Scotland less than 2% of the money provided for local authorities is ring-fenced, while in England the figure is nearly 10%. We should not be having a discussion about Scotland being more centralised than England, because that is clearly not the case. Will the hon. Gentleman please talk about the Scotland Bill rather than about devolution to England?

Graham Allen Portrait Mr Allen
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I understand why it is sensitive when I talk about issues that colleagues in the Scottish National party would rather not talk about, but I am going to talk about them. [Interruption.]

None Portrait Several hon. Members rose—
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Graham Allen Portrait Mr Allen
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I will give way after I have answered the question from the colleague of the Members who are rising.

As I have said before, it is not just the property of people in the Scottish National party, or even—

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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On a point of order, Madam Deputy Speaker. We have five hours in which to debate critical and significant amendments to the Scotland Bill, and the hon. Gentleman has been going on about devolution for England. He has not even tabled any amendments on this particular issue. When can we get back to debating the Scotland Bill and the important amendments that have been tabled to it?

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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I understand the point that the hon. Gentleman has made, and I take it very seriously. I have been listening carefully to the hon. Member for Nottingham North (Mr Allen). He is addressing points that are relevant to the precise matters before us and to the amendments and new clauses, in a general way, but I am sure he will accept the feeling of the House that, while it is interesting and generally relevant to discuss these issues in general and as a matter of academic interest, it is also important for the House to have enough time to debate the many amendments and new clauses that are before us. I am not stopping the hon. Gentleman, but I am trusting him to know when he will draw his remarks to a conclusion.

Graham Allen Portrait Mr Allen
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Thank you, Madam Deputy Speaker. Perhaps the hon. Member for Perth and North Perthshire (Pete Wishart) is a little anxious because he is now part of the establishment in this place, and is used to having the privilege of unlimited time in which to address the House. Many of us do not have that privilege, and we are very jealous of the hon. Gentleman when he gets up to speak at length. However, I am rather surprised that he stopped me from answering the question asked by his hon. Friend the hon. Member for Aberdeen North (Kirsty Blackman), which I was in the middle of doing. I am also rather surprised that he had not read the amendment paper, which includes four new clauses in my name. Perhaps if he looked at those rather than repeating the speeches that he made during the previous three days of debate, he would be better informed.

I shall now be very careful to stick closely to the subject of my new clauses, which will obviously be in order. The ability to raise money locally is very important for all our localities, and is a symptom of being freed to a greater extent from Whitehall and Westminster, so that this place and Whitehall do what they should do and our respective nations can govern themselves as much as is absolutely appropriate, which they do not currently do. Scotland is leading the way in showing us how to do that, but I hope that this is not just about Scotland, and that, even for the Scottish nationalists, it is about ensuring that all of us share the benefits of devolution while we remain together in the Union, as I hope we will.

Kirsten Oswald Portrait Kirsten Oswald (East Renfrewshire) (SNP)
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Will the hon. Gentleman give way?

Graham Allen Portrait Mr Allen
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I was going to give way to the hon. Member for Ross, Skye and Lochaber (Ian Blackford), but I will give way to the hon. Lady first.

Kirsten Oswald Portrait Kirsten Oswald
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I thank the hon. Gentleman for giving way. He has just said that this is not just about Scotland. I have to put it to him that this is the Scotland Bill. Can we please discuss Scotland?

Graham Allen Portrait Mr Allen
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I know it is difficult to accept, when one listens to one’s own propaganda that these matters are only ever about the Scottish National party, but the truth is that the Scotland Bill clearly impacts on the rest of the Union. Those of us who will benefit or suffer from matters related to Scotland have a right to express a view. If there was a slightly more outgoing sharing of learning and experience from some colleagues from the SNP, more friends would be won among those of us who very strongly believe in devolution in the other nations of the UK.

Ian Blackford Portrait Ian Blackford
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I just wonder whether the hon. Gentleman sees the irony in the fact that we voted through English votes for English laws but have created second-class MPs in those of us who come from Scotland, because we cannot fully represent our constituents in this place. Scotland returned 56 SNP MPs with a clear mandate to deliver home rule for Scotland, and we are not getting what the Scottish people want because MPs from other parts of the UK are voting against our interests. We should have Scottish votes for Scottish laws in this place.

Graham Allen Portrait Mr Allen
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I have a lot of sympathy with the generality of what the hon. Gentleman is saying, but I have to remind him that there was a Scottish referendum and a majority of Scottish people voted to stay in the Union. There was a general election—

Ian Blackford Portrait Ian Blackford
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How did you get on?

Graham Allen Portrait Mr Allen
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The hon. Gentleman asks from a sedentary position how we got on: 50% of Scottish people voted against the SNP and unfortunately 50% of Scotland is represented by three Members of Parliament. The hon. Gentleman should relish his victory, and he thoroughly deserves all the appropriate accolades, but I ask him to be a little careful not to become triumphant, because his party should not be proud of 50% of Scottish people being represented by three Members of Parliament. I hope the desire for proportional representation, which suited the SNP for many years—

Graham Allen Portrait Mr Allen
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Now one hears very little—

John Nicolson Portrait John Nicolson
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In conclusion—

Graham Allen Portrait Mr Allen
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I am winding up in a way the hon. Gentleman may not approve of—I am getting my first wind.

I hope the SNP will not forget its commitment to proportional representation just because first past the post delivered the gross, disfigured distortion of 56 MPs representing half the population and three MPs representing the other half. I hope that the hon. Gentleman feels that that is not an appropriate allocation and that the SNP renews its vigour when talking about proportional representation, because it has gone rather quiet on that subject.

Christian Matheson Portrait Christian Matheson (City of Chester) (Lab)
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Does my hon. Friend detect from the interventions of the SNP Members that they are perfectly happy to talk about devolution down to the Scottish level, but they are very keen not to talk about devolution down to the more local levels of the kind my hon. Friend is outlining?

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Graham Allen Portrait Mr Allen
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I hope—[Interruption.] I hope that even those who are heckling and shouting would say that I always try to engage people from the SNP in debate on these issues. Sometimes things get a bit interesting and a bit heated, but that is because we all care passionately about these views. I am trying to put my point of view over now. Perhaps there are shades of opinion in what appears to be a robotic, monolithic Scottish National party. Perhaps some SNP Members acknowledge that others have a different view. It might be the case that that has some resonance, and that not all of them simply wait to be told what to do at their regular Monday meeting.

Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Lab)
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I take a different view from that of my hon. Friend the Member for City of Chester (Christian Matheson). I agree with my hon. Friend the Member for Nottingham North (Mr Allen) that, now that the SNP is the establishment in Scotland, its members are desperate to avoid any scrutiny of the way in which it runs the Scottish Government. That is because they want to be able to blame everybody else—namely, the wicked people down south—for everything that goes wrong in their country.

Graham Allen Portrait Mr Allen
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I am sure that the Chair would call me to order if I answered my hon. Friend’s very pertinent question, but I know that he will make that point and many others when he is called to speak.

New clause 8 is about defining. It is all very well to sit in Holyrood handing out little bits of largesse here and there, but that is exactly what Whitehall and Westminster do to everyone else. The Scottish people have suffered from that as much as the English people have. One way to get round that is to define the competences of local government and national Government in such a way that no one will be able to unpick the idea, whenever it suits them, that power should be devolved beyond Holyrood or Westminster. Unless that principle is clearly entrenched, the lure of power from the centre—be it Holyrood or Westminster—and the temptation to tell people what to do will be too strong.

New clause 8 proposes that people who want to engage in this debate should sit down and discuss with their local government—wherever it might be—what it is appropriate for local government to do. I do not believe that Scotland, England, Wales or Northern Ireland should be immune from that idea, because otherwise they will find that power gets sucked back up. Some of my friends in Scotland are telling me that power there is becoming ever more centralised. No doubt that will be a matter of debate, but that is what people are saying. Perhaps the easiest way round that is not to say, “Oh yes, but we are very nice to people. We are benign and we give them a little bit more money here and there”, but to allow the people, the drivers who produced devolution in Scotland, to produce devolution lower down than Holyrood.

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
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The hon. Gentleman talks about devolving power. As everyone in the Chamber knows, money is power. Will he therefore applaud the Conservative Government for devolving the retention of business rates locally? That policy has been devolved to the Scottish Government and it is now being mimicked there.

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Graham Allen Portrait Mr Allen
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I bracket the Scottish National party and the Conservative party together. If they do good things to push power down or push finance down, I am very happy to applaud that. What I am saying is that, in order to avoid a situation in which “the centre giveth and the centre taketh away”, we all need to have a proper written settlement. Even if people do not think that it is happening now, there will be a time when the temptation for those at the centre—in Holyrood or in Westminster—to turn things round, suck power back and tell people what to do will overcome them, even those with the best hearts in the world.

David Anderson Portrait Mr David Anderson (Blaydon) (Lab)
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May I just gently remind colleagues from Scotland that they were elected to this United Kingdom Parliament and that this is a United Kingdom Bill which will have an impact on my constituents as well as theirs? I would be delighted if my hon. Friend’s new clause would somehow enable measures similar to those in the Bill to be put into an English Bill, so that my council could help me to protect my constituents in the same way as Scottish MPs want to protect theirs. I welcome the fact that he has tabled his new clauses and the fact that they are not critical of the Bill.

Graham Allen Portrait Mr Allen
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That is why, knowing many of my parliamentary colleagues from Scotland, I rely on their generosity of spirit to help those of us who are trying to get a devolved settlement in other parts of the Union, not to pull up the drawbridge and say, “We’ve got what we want. Now we have a load of people in Parliament, we are no longer going to talk about proportional representation. On the back of 50% of the votes in our nation we have 95% of the seats and that’s now all okay. Now we are in control of the Scottish Parliament we are not going to use the powers, but we are going to suck up power from local government.” I know that that is not where many of my parliamentary colleagues from Scotland wish to be, but they need to speak up. They need to make that clear, in their internal meetings and inside their party. They need to be clear with people who are telling them, “Leave it to us, we are the top dogs. Do what you are told. Show up, it is your shift.” We have this in every other party, and people will hope there can be proper debate within parties so that devolution as a whole can move forward. It has to go beyond Scotland. People who really believe in devolution have to take it beyond the one area. I am happy to discuss and debate that with anybody. One area we need to talk about—[Interruption.] I would gladly give way to hon. Members rather than just have shouting, although I am happy to have shouting and gesticulating—it is the parliamentary equivalent of spitting at your opponents in the street. [Interruption.]

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. The hon. Gentleman is very patient, but I am not happy to have shouting and gesticulation—not that I see any that is out of order at present. I say to him that when the House becomes a little vociferous, it is possibly an indication that there is a limited time for debate. He does have four very important amendments down for discussion and he has taken a fair chunk of the time for the debate. As I said previously, I am not stopping him—he has the Floor. He is a senior and much-respected Member of this House and he will know when he has taken the right amount of time in this very short debate.

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Graham Allen Portrait Mr Allen
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I will certainly go a lot quicker if people allow me to. As always, not a person in this Chamber can say that I do not give way when people have a real point of debate to make, rather than just wanting to yell from a sedentary position. That will continue to be my policy and I will not move from that, whatever the provocation.

New clause 9 talks about subsidiarity, which was brought to us by the former Lady from Finchley, through the Maastricht treaty. In this Bill, it would enable us to define and keep a very clear perspective on what is local, what is regional, what is national and what is federal. That will help everybody, whichever country they are in within the Union, not just to win small victories here and there, but to sustain a change in our democratic structure that will make it harder for those who so wish to do away with any settlement when they feel it convenient.

Part of the Bill relates very much to the rest of the United Kingdom, and that relates to the possibility of having a citizens convention, modelled on the Scottish convention, whereby people throughout the whole UK can face some of these issues, which are of great importance to us. The debate about EVEL—English votes for English laws— was a diversion. It was an irrelevance and mere procedural issue, and it has very little to do with devolution and greater freedom for our peoples within the UK. I hope that we move on from where we are on Scottish devolution and on the Cities and Local Government Devolution Bill, which is devolution in England, and that we take these issues forward together. All parties need to work together to ensure that there is a citizens convention on devolution, so that we can spread some of the excellent things that have been achieved by the Scottish people, by people such as Donald Dewar, by those in the Scottish citizens convention, by those who worked on the Scotland Act 2012 and by all those parties of the Union that worked together to create this Scotland Bill, which is, quite rightly, the first Bill before this Parliament. I hope that the first Bill in the 2020 Parliament is one that brings devolution to all the nations of the Union so that we all get the benefits that will rightly be enjoyed by the people in Scotland.