(6 years, 6 months ago)
Commons ChamberIn case this should arise in future questions, I do not intend to comment on references to the Supreme Court as that matter is ongoing. I agree with my hon. Friend’s final point, however. It is vital that the Scottish Government and the UK Government should continue to work together, and I have been perturbed over the past 48 hours by the veiled threats from the Scottish Government that they would somehow withdraw from such discussions. These discussions are vitally important, and the people of Scotland expect their two Governments to work together. Negotiations are taking place at the moment between my colleague the Secretary of State for Work and Pensions and her counterpart in the Scottish Parliament in Edinburgh. That is the sort of engagement that people want to see: the transfer of powers from this Parliament in relation to welfare and engagement with the Scottish Government as to how that is successfully done.
I have to say to the Secretary of State for Scotland: is that all you’ve got? Is that the best you can do? These are serious times for Scotland. I thank him for giving me advance sight of his statement, but I am deeply disappointed by its content. My very quick take on the statement is that it offers a wholly new interpretation—and, indeed, inversion—of the constitutional arrangements. Section 28(7) of the Scotland Act 1998 confirms that Westminster retains its unlimited sovereignty, and arguably it can never relinquish that, but the devolution settlement provides through the Sewel convention that the legislative power will not be used if there is disagreement and the devolved legislatures do not give consent. Today’s statement effectively turns Sewel on its head by saying that, if there is disagreement—that is, no consent on a legislative consent motion—the UK Government can proceed to legislate. This is an extremely serious development in UK Government thinking, and it risks the security of the devolution settlement. It also gives the lie to the assertion in the statement that the UK Government are
“legislating in line with the Sewel convention”.
By their own admission in this statement, they are doing the opposite. Perhaps the Secretary of State can give us some clarity on what is happening here.
The Sewel convention is clear that the UK Government should not legislate on devolved matters without the consent of the Scottish Parliament. However, the Scottish Parliament—not the Scottish Government—has denied its consent. The Scottish National party, the Labour party, the Liberal Democrats and the Greens all said that they did not give their consent to what the UK Government were seeking to do, yet the Secretary of State comes before us today with excuses and attempts to save his own skin, knowing that he has totally shafted Scotland and the people of Scotland. Empty excuses are clearly all he has, having utterly failed in his role as Secretary of State to protect our devolution settlement or to stand up for Scotland as he should be doing.
The Secretary of State promised that Scotland’s Parliament would become the most powerful devolved Parliament in the world. Wrong. He promised us, in the Commons stages, that when the Bill came back from the Lords, there would be time to debate clause 11. Wrong. He told us that there would be a powers bonanza for the Scottish Parliament. [Hon. Members: “Wrong!”] Even in June 2016, he pledged to protect Scotland’s place in the single market. [Hon. Members: “Wrong!”] The Secretary of State has—[Laughter.]
Order. The right hon. Member for Ross, Skye and Lochaber (Ian Blackford) must be able to complete his contribution—
Surely not? Well, no—the right hon. Gentleman will be enabled to continue his contribution.
I would simply say to Conservative Members that the UK Government’s own analysis has indicated that a hard Brexit will damage jobs, yet what do we see? We see Conservative Members of Parliament laughing. They are laughing at the hardships that the people of Scotland might face.
The Secretary of State for Scotland downgraded devolution, ignored the Scottish Parliament and silenced Scotland when he supported the withdrawal Bill despite our Parliament—his Parliament—having rejected it. Will he now apologise to the people of Scotland for his series of broken promises? He has failed to protect devolution, he has failed to protect the Scottish Parliament and he has failed to protect Scottish interests. Having plunged Scotland into constitutional crisis, will he finally do the right thing by the Scottish people? If he has any dignity and self-respect, will he resign, and do it now? [Applause.]
(6 years, 10 months ago)
Commons ChamberMay I congratulate my hon. Friend on a very good council by-election result in Hulton, where the Conservatives took a seat from the Labour party?
My hon. Friend raises an important issue about strengthening our electoral process and enhancing the confidence people have in our democratic processes. We are shortly going to be running pilot schemes in five local authorities to identify the best way to implement voter ID and nationality checks. Tower Hamlets, Slough and Peterborough are going to be piloting measures to improve the integrity of the postal and proxy vote process. Our democracy matters, but it is important that people can have true confidence in it.
May I wish you a happy Burns day for tomorrow, Mr Speaker?
May I associate myself with the remarks of the Prime Minister about Holocaust Memorial Day? We should never forget the horrible tragedies and the price that people had to pay. However, we should also remember the genocide that has happened in many territories since that time as well, and we all must work to eradicate that scourge from our society.
Earlier this week, the Royal Bank of Scotland chief executive officer, Ross McEwan, admitted—in a leaked memo—that closing 22 local branches would be “painful” for customers. Thirteen towns in Scotland are to lose their last bank. Prime Minister, I will give you one other opportunity: as the majority shareholder, will you meet RBS and make the case to keep the bank branches open?
The right hon. Gentleman has asked me this question on a number of occasions, and I have made the point in response to every one of those questions—and the answer is not going to change today—that these are commercial decisions for the banks involved. We do have a duty as a Government: we look at how the market is working for people, and that is why we established the access to banking standard that commits banks to carry out a certain number of steps before closing a branch. It is also why we welcome the fact that the Post Office has reached an agreement with the banks that will allow more customers than ever before to use post office services, so about 99% of personal customers are able to carry out their day-to-day banking at a post office as a result of that new agreement. That is the Government making sure that people are covered by the services they need.
I would simply say to the Prime Minister that we own RBS: it is time that you took your own responsibilities. By closing these branches and replacing some with mobile banking vans, which do not provide disability access, the Royal Bank of Scotland appears to be in breach of the UK Equality Act 2010. Wheelchair user Sandra Borthwick has described her experience of banking outside as “degrading”. Does the Prime Minister agree that RBS has a legal responsibility to offer equality of services to disabled customers, and will she hold RBS to account on this issue?
I say to the right hon. Gentleman that, of course, we all want to see that all customers are able to access the services that they need—that is, both customers who are disabled and customers who live in remote areas. As I have said to him, this is a commercial decision that has been taken by the Royal Bank of Scotland. Banks are closing branches—other banks are closing branches—because what they see is actually less use being made of those branches. As the right hon. Gentleman has been talking about matters financial, I am sorry that he was not able to stand up and welcome the fact that today’s trade figures for Scotland show that their biggest export market remains the rest of the United Kingdom.
(8 years, 9 months ago)
Commons ChamberOn a point of order, Mr Speaker. With your forbearance, I would like to raise a matter that was addressed in the Adjournment debate on Monday evening. During the debate, I asked the Minister about negotiations that might have taken place ahead of a proposal to allow ship-to-ship transfers in the Cromarty firth. Specifically, I asked whether Marine Scotland, representing the Scottish Government, had been consulted. The Minister replied:
“The hon. Member for Ross, Skye and Lochaber mentioned the Cromarty firth oil transfer licence. Marine Scotland was directly consulted on 10 December, and on 8 February, when the consultation ended, it had not responded. When it was asked whether it intended to respond, the answer was no. I hope that that clarifies that point.”—[Official Report, 22 February 2016; Vol. 606, c. 123.]
That was a very clear statement, and I was very surprised to hear the Minister make it, because I would have expected that Marine Scotland, on behalf of the Scottish Government, had responded to the consultation. I therefore checked the situation with the Scottish Government and received the following response:
“The Scottish Government is not aware of being directly approached by the UK Government during the consultation on the Cromarty Firth Oil Transfers. Marine Scotland was made aware of the proposal through informal contact by the Port of Cromarty Firth.”
It is safe to say that Marine Scotland was not contacted by the Maritime and Coastguard Agency or by the UK Government.
That is a very worrying statement, because it leaves open the suggestion that the Government have perhaps been economical with the truth at the very least in what has been said in the House. That is a very serious matter, not least because of the potential threat to people in my community of ship-to-ship transfers taking place, and of the Scottish Government not being adequately consulted on their responsibilities for environmental protection. I therefore seek your advice, Mr Speaker, on how I may deal with this matter and whether it would be appropriate for the Minister to correct the record.
It is open to any Member who believes that he or she has made a mistake to correct the record voluntarily. It is not the responsibility of the Chair to arbitrate between competing claims about a sequence of events, and nor is it my responsibility to interpret what the Minister might have meant in responding to the hon. Gentleman at the time. The hon. Gentleman has made his point with force and alacrity—we would expect no less of him. If the Secretary of State wishes to respond, he is perfectly at liberty to do so, but he is under no obligation.
(8 years, 10 months ago)
Commons ChamberI respect the hon. Lady’s imagination, which, I am afraid, she still sometimes lets run riot. We are committed to the Barnett formula. We are committed to delivering an agreement that is fair to the people of Scotland and fair to the rest of the United Kingdom, and that is what these negotiations are about.
The position set out in the Daily Record reflects the reality. If the population of the rest of the UK were to rise at a faster rate than Scotland’s, that would cause an increase in demand on public services such as schools and hospitals in the rest of the UK, which would need to be funded. How could it be fair that those services be denied the funding required to sustain them because part of the income tax growth was being transferred to the Scottish Parliament? What would people in Carlisle, Newcastle or Liverpool say if their local services were not able to keep up with demand because the Scottish budget was being increased?
Let us imagine if the situation were reversed. Does anyone think for a minute that the Scottish Government would accept a deal in which a growth in Scottish income tax relative to the rest of the UK was clawed back by the Treasury in Whitehall, to the detriment of Scottish public services? Of course they would not, and quite rightly. I want Scotland to enjoy the benefits when good decisions are made at Holyrood. As John Swinney said,
“If we take on a responsibility and make a success of it, we should bear the fruit of that; if we get it wrong, we must bear the consequences.”
I am grateful to the Secretary of State for giving way—I almost thought I had become invisible. We are having a very important debate. He talked about his responsibility to put the Scotland Bill through this House. Surely he has to see that the fiscal arrangements that are put in place are central to that. He must have a view on what is in Scotland’s best interest if we are to avoid detriment to Scotland. Is he really Scotland’s man in the Cabinet or the Cabinet’s man in Scotland?
The hon. Gentleman is not invisible, unlike some of his colleagues. He will find that I am very clear on my responsibility, which is to deliver the Scotland Bill and the powers that the people of Scotland voted for comprehensively in the referendum. The fiscal framework underpins that. It is to be based on the Smith principles of no detriment and fairness to taxpayers in Scotland and across the rest of the UK. That is what I am determined to achieve. Because my glass is half full, I have confidence in the Scottish Parliament to do what is right for Scotland—to pass a legislative consent motion to agree a fiscal framework. The powers contained in the Scotland Bill will present the Scottish Parliament elected in May with a great opportunity to show how devolution can really benefit the people of Scotland.
I want to say a couple of things about population risk. I do not accept the counsel of despair that says that Scotland needs a more lax immigration system if it is to address the issue of relative population growth. The Government rightly wish to see net immigration come down, and we are taking steps to achieve that, but I am afraid we do still have some way to go. The latest figures show that annual net migration stands at 336,000 and there were 636,000 migrants coming to the UK in the past year. Those are considerable numbers, and if Scotland is not getting a share of that migration, the Scottish Government have some serious questions to answer.
The levers that the Scottish Parliament has over health and education, among other things, can be used to make Scotland the attractive place to live and work that it should be. The powers contained in the Scotland Bill will give the Scottish Government even more levers to make Scotland even more attractive. If they use the new tax powers in the Bill cleverly, they can attract more taxpayers to Scotland to make a contribution, boost the population and increase the tax take. Of course, if they adopt the frankly ludicrous proposals put forward by the Scottish Labour party this week to increase the income tax bill for most Scottish taxpayers by 5%, they may not succeed in making Scotland a more attractive place to live and work.
Let me conclude as I began. We are negotiating in good faith to deliver on the Smith commission principles, and I am confident that a deal can be reached. I give an absolute undertaking to this House that I will do everything in my power to achieve a deal that is fair to Scotland and fair to the whole United Kingdom. I remain optimistic that we can get such a deal, and that our debates can move on to how those new powers and the existing powers of the Scottish Parliament can be used to improve the lives of the people of Scotland.
(9 years, 1 month ago)
Commons ChamberIt 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—
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.
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.
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?
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.
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—
The hon. Gentleman already has extensive powers over income tax. We should ask why, in the past eight years, the SNP has failed to use any of the substantial powers it has, instead blaming London and England for all the problems that it creates back in Scotland.
Along with a powerful and accountable Scottish Parliament—there is that word “accountable” again—Scotland will retain the huge benefits of being part of our United Kingdom of Great Britain and Northern Ireland. The people of Scotland voted for those benefits. Remember those people? That’s right—the democratic majority that voted to stay part of our United Kingdom last year. Sadly, that fact has been lacking.
It is interesting to hear that the hon. Gentleman has lived in England for 15 years and represents an English seat. I believe he stood in Scotland once. How did he get on?
It would be fair to say that SNP Members simply do not want to answer the question about accountability. What have they done with the powers that they have had over the past eight years? They have simply blamed England and London for all the problems that they have created in the public sector.
I appreciate the shadow Secretary of State’s support on this matter, which I will take up with my colleagues.
The Human Rights Act is vital to us in many ways. It gives us the right to life, freedom from torture, the right to liberty and security, freedom of thought, belief and religion, the right to private and family life, freedom of expression, assembly and association, and the right to free elections and education, to name a few. The Human Rights Act extends to all public authorities in Scotland—our schools, our local government, our NHS and our police. Amendment 204 would devolve responsibility for human rights to the Scottish Parliament, putting it beyond any doubt whatever, to help to safeguard human rights for those living in Scotland.
The potential abolition of the Human Rights Act will undoubtedly have profound implications for devolution in Scotland and across these islands. It would be an affront to democracy for the Conservative Government to use their slender majority in this House to abolish the Human Rights Acts when they do not command support in Scotland, Wales or Northern Ireland. Our new clause 35 would require the UK Government, regardless of political hue, to seek a legislative consent motion in all instances of Westminster legislation affecting areas devolved to Scotland, and would require the UK Government to consult the Scottish Government on legislation that would have such an impact on Scotland.
The Tory Government—formed by a party to which the people of Scotland delivered a vote of no confidence at the last election; a party with only one MP in Scotland—have rejected every amendment put forward by the SNP Westminster group, a group that has 95% of Scotland’s MPs. That prompts the question: why are amendments to the Scotland Bill that are supported by an overwhelming majority of Scotland’s MPs ultimately rejected? The Conservatives—and, indeed, Labour—must stop ducking, diving and obfuscating when it comes to strengthening the Scotland Bill and must stop playing games with Scotland’s powers. The people of Scotland are watching. It is time they were listened to.
I rise to support new clause 36, which would give powers to Scotland over whether and when we hold a referendum. If it is right that there is mutual respect—we are told that there is—then the Scottish Parliament, elected by the Scottish people, has the right to determine its own destiny. The Secretary of State, and no doubt other Members, will be familiar with the words of Lord Cooper from 1953, when he stated that
“the principle of unlimited sovereignty of parliament is a distinctly English principle and has no counterpart in Scottish Constitutional Law”.
In other words, it is the people of Scotland who are sovereign. We come to this House with a mandate from the people of Scotland and that ought to be respected. My message to those on the Government Benches is that they drove through English votes for English laws—
The hon. Gentleman is standing in front of another distinguished Member, the right hon. Member for Gordon (Alex Salmond). Does he agree with him that last year’s referendum was a “once in a generation” affair? Yes or no?
I always agree with my right hon. Friend the Member for Gordon (Alex Salmond); the point is that it is the Scottish people who are ahead of this Parliament. We have to reflect on what is happening in this Bill. We were promised devo-max—as close to federalism as we could get; home rule in the spirit of Keir Hardie. It is this House and those on the Government Benches who are letting down the people of Scotland, and the people of Scotland will reflect upon that.
I always enjoy listening to the hon. Gentleman making his passionate speeches in this Chamber. I wonder, for the sake of clarity, whether he could read the second line of what the former Prime Minister said about federalism.
The point is that the Scottish people were promised by Gordon Brown that we were going to get “powers for a purpose”—that we were going to have a powerhouse Parliament—and that is not what is being delivered tonight.
Despite what the Secretary of State says, the reality of the situation is that 70% of powers over taxation and 85% of powers over welfare will be held here at Westminster. I do not know what that is, but it is certainly not a powerhouse Parliament.
In the light of the challenges we face with the cuts to tax credits, which we will discuss in the second part of tonight’s debate, we need to make sure that the Scottish Parliament has the powers to protect the people of Scotland. We will be saying to the Labour party, “Come with us. Show that resolve,” to make sure that we can protect the people we need to protect in the country of Scotland.
If the hon. Gentleman is truly passionate about protecting the people of Scotland, he will no doubt get to his feet and tell this Chamber and the people of Scotland that he will restore to them any losses from tax credits, as the Scottish Labour party has committed itself to do.
The Scottish National party in power in Scotland over the last few years has sought to mitigate the cuts that have come from Westminster, with £100 million invested for the Scottish people to offset the impacts of the bedroom tax. We will fight to defend the interests of the Scottish people, as we always have done.
I would like to remind the House that, unlike the Labour party on the Benches next to us, we are not prepared to give up the fight on tax credits, which we will take to the very end. The measures have already been rejected by the Lords, but the Scottish Parliament is not a mitigating Chamber; it should be a legislative Chamber, and we will fight to ensure that cuts to tax credits are not inflicted on the vulnerable of this country.
I am grateful to my hon. Friend.
This is also about our ethos, the kind of society we are and what we will strive to do, because in Scotland we believe not in welfare, but in social security—we believe in offering protection to people—but we also believe in the principle that society is as strong as its weakest link. That is a very different concept from what we have in this Parliament, with the cuts that are coming through and those we know will come in the autumn statement.
No, I am going to make some progress, if the hon. Gentleman does not mind.
So I say to those in this House: will they respect the sovereignty of the Scottish people, who sent us to this House, or will they ignore the express wishes of the Scottish people? Let me say to Government Members that they have been rejected wholesale at the ballot box in Scotland. They should think very carefully before exercising a veto, which to all intents and purposes will be an English veto against Scotland. Perhaps in that regard the question we should put to the Secretary of State is: is he Scotland’s man in the Cabinet or is he the Cabinet’s man in Scotland? The Secretary of State should do the honourable thing—accept our amendment and stand up for the people of Scotland. What is it to be?
I want to make some progress.
Labour Members need to start learning the lesson that Scotland rejected them for a reason. They had better start to get on side with us and the people of Scotland. Tonight is a chance for the House to understand that Scotland expects powers for the Scottish Parliament to be delivered so that Scotland’s destiny can be put in Scotland’s hands. That will not happen by voting for a Bill that leaves us with a hand tied behind our backs while a Tory Government do their worst to the poor and disadvantaged in our society.
Our amendments allow us to deliver on the interests of our people. We need a Parliament that will allow us to stand up for the people of Scotland and recognise that the people are sovereign. Let me finish by quoting Charles Stewart Parnell:
“No man has the right to fix the boundary to a march of a nation. No man has the right to say thus far shalt thou go and no further.”
It is in that context that we need powers to determine in Scotland when and if we want to have a referendum. It is in that context that the House should listen to the elected Members of the people of Scotland.
The acid test of this Bill is whether it delivers on the vow and the recommendations of the Smith commission. Objectively, assuming that all the Government amendments are agreed, we believe that the Bill goes a long way to delivering on the Smith commission. That is not to say that the Government have delivered on absolutely everything. They clearly have not, and I have to say that it is a sad reflection on this Government that they have come to this point kicking and screaming. Since the beginning of the Smith commission’s report in November 2014, the Government have had a long and painful journey.
Nowhere is the Government’s change of heart more clear than in respect of Government new clause 12. It was constantly argued by Opposition Members in Committee that the Scottish Parliament and the Scottish Government ought to be described as “a permanent part” of the United Kingdom’s constitutional arrangements. We argued that the phrase “recognised as permanent” was less than what was recommended by the Smith commission and that, as the Scottish Parliament’s Devolution (Further Powers) Committee correctly argued, the use of the phrase “recognised as permanent” had the effect of weakening the Smith recommendations. I am pleased that the Government have listened.
Some might think that this is all about constitutional navel-gazing, but it is an extremely important point that the Scottish Parliament be placed on a firm constitutional footing and that the sovereignty of the Parliament rests with the people of Scotland. I have, however, a question for the Secretary of State on the issue of the UK’s parliamentary sovereignty.
We all know that a classic theory of UK parliamentary sovereignty is stated in Dicey’s “Introduction to the Law of the Constitution”. According to this classic theory, Parliament can make a law on any subject it pleases, and there are no fundamental laws that restrict its powers. The Government’s new clause 12, I would suggest, is a departure from that theory, which I welcome. Does the Secretary of State agree that in passing new clause 12 we are making modest but significant constitutional history?
New clause 13 is about the functions exercised by Scottish Ministers in respect of elections. It is essentially technical, but on the issue of elections, I refer briefly to amendments 37 and 43. Of course, a vital part of any democracy is free and open elections, and we support Government new clause 13 and Government amendments 35 to 43. I am glad that the Government have recognised the need to devolve some of the responsibilities of the Electoral Commission. It is surely only appropriate that the Political Parties, Elections and Referendums Act 2000 is amended so that the functions of the Electoral Commission are devolved for elections to the Scottish Parliament.
I note that the Government have introduced the significant amendment 43, which deals with the so-called “Digital Service”. As I understand it, this relates to the ability to register online to vote. Given the introduction of individual elector registration, this is very important. I ask the Minister for clarification on two points. First, although there is reference in the Bill to Scottish Ministers making regulations subject to the negative procedure, it is repeated in amendment 43, so I would appreciate it if the Government could explain what exactly this negative procedure is and how it will work?
Secondly, with regard to the online registration system, could there be confusion about which electors are able to vote in which elections? The Scottish Parliament has rightly decided to introduce votes for 16 and 17-year-olds at all Scottish elections, but these individuals will be denied the vote in Westminster elections. Is there not a danger of widespread confusion, particularly if the online registration technology is being used for both Westminster and Scottish elections?
If I am pleased that the Government have listened to the debate, particularly as far as new clause 12 is concerned, I am disappointed that they have not brought forward an amendment on the Sewel convention and its workings. We argued in Committee, as did SNP Members, that we were concerned about the narrow interpretation of the Sewel convention, which concerned the more general devolved competence. Moreover, there is the imprecision of the word “normally”. As I said in the Committee of the whole House:
“How long is a piece of string?”—[Official Report, 15 June 2015; Vol. 597, c. 99.]
The word “normally” is legally imprecise, which is why amendments 7, 8, 9 and 10, to remove the offending word, were tabled by the right hon. Member for Orkney and Shetland (Mr Carmichael), who sadly cannot be with us today.
New clause 35, tabled by the right hon. Member for Moray (Angus Robertson), seeks to place the Sewel convention on a statutory footing. This was, of course, recommended by the Smith commission, and we are happy to support the new clause, if it is pressed to a vote. However, if we are supporting new clause 35, we are certainly not supporting new clause 36, also tabled by the right hon. Member for Moray. It deals with future referendums on Scottish independence. I note that in the right hon. Gentleman’s statement to the press over the weekend, he said:
“Whether or not Scotland has a referendum in the future should be up to the people—and in the hands of the Scottish Parliament—rather than the UK Government.”
What the amendment seeks to do is take away caveats that are essential in defining the partnership and the harmonious discussions that must take place. It is not simply a question of the Scottish Parliament deciding by itself what it wants to do.
I am grateful to the hon. Gentleman for being so gracious with his time. This is a very important point, because it comes down to the issue of whether the Scottish people, in electing a Government who want to have a referendum on independence, have the power to do so. If the House does not accept our amendment, that power will reside with Westminster, and not with the Scottish people or the Scottish Parliament. It has nothing to do with caveats.
I think that the obsession with having a referendum at all costs is very sad for the people of Scotland.
(9 years, 5 months ago)
Commons ChamberI am sure that sounded good when the hon. Gentleman wrote it down. It should not come as a surprise to Members that the Government have not accepted amendments at this stage of the Bill’s progress. Unlike in Holyrood, which has only one substantive amending stage, this House has two opportunities for Members to table amendments before a Bill passes on to the other place: Committee and Report. We brought to the House a Bill that had already benefited from considerable scrutiny, including by the Devolution (Further Powers) Committee, and which contained significant changes from the draft clauses.
I just want to make this point.
This is the stage where the Bill should be held up for further scrutiny on the Floor of the House, so that arguments can be tested and alternative arguments laid out.
If I could just finish my point.
I was interested to hear the rationale for the points made by the hon. Member for Glasgow South West (Chris Stephens). In a previous day’s debate, an amendment was moved on why national insurance contributions should be devolved to the Scottish Parliament, yet not one Member spoke to that amendment or explained to the House why Scotland would benefit from the devolution of national insurance contributions.
The Committee stage has provided an opportunity for amendments to be put forward. I accept that some amendments are genuine and could, if adopted, make the Bill better. Some amendments have not been genuine amendments. We spent a long time debating full fiscal autonomy when it was quite clear that the SNP Scottish Government did not want to see the amendments relating to that passed. We have had a series of amendments laid before Parliament over the four days. I am giving an absolute commitment that we will reflect on them and come back on Report with amendments to the Bill.
I recognise that there have been many constructive contributions to today’s debate, not all by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) it has to be said.
There has been considerable discussion on the Bill. I want to concentrate on a few of the very important issues that have been raised.
The devolution of managing the Crown Estate’s wholly owned assets in Scotland, the revenue arising from those assets and the competence to legislate on those management functions was a significant and important element in the debate on the clause 31 group. The clause gives effect to the Smith commission. It allows for the Scottish Crown Estate’s assets to be managed by the Scottish Government or such other person nominated by them, and that the Scottish Government should receive the revenue from the management of those assets. Going forward, the clause means that the Scottish Parliament will have the competence to legislate for the management of those assets. It provides for the protections envisaged by the Smith commission to ensure the transfer is not detrimental to defence or other UK-wide critical national infrastructure.
I am not in favour of the approach taken in new clause 57. I will explain why. It enables the Scottish Parliament to legislate on the Crown Estate Commissioners, which was not agreed by the Smith commission. It does not provide for the important protections for national security and vital UK-wide infrastructure, and it does not protect Scottish Crown Estate employees who are so vital to ensuring that we transfer the Crown Estate in Scotland as a viable, ongoing enterprise.
I actually agree with the right hon. Member for Gordon (Alex Salmond) on something—this is quite an occasion—because I do not believe that what the Scottish Parliament is required to do in its management of the Crown Estate should be prescribed. I do not accept it is appropriate to table an amendment that suggests what further devolution should take place in Scotland. I have complete confidence in the Scottish Parliament to determine that in an appropriate way.
Let me say in response to the Opposition’s amendment 52 that we believe it is right for the responsibilities to be transferred to Scottish Ministers. The Scottish Parliament is a legislative rather than an Executive body, and for that reason it is not equipped to undertake the management functions that are currently exercised by the Crown Estate Commissioners.
I can assure the Committee, in response to amendments 125 and 126, that the sovereign grant paid to Her Majesty the Queen will not be reduced as a result of devolution of the Crown Estate to Scotland and that Scotland will continue to contribute to the sovereign grant. The annual amount of the sovereign grant is determined in accordance with a formula that is based on the revenues received from the Crown Estate Commissioners. However, there is a mechanism to ensure that the value of the sovereign grant cannot fall below the amount from the previous year. The changes made in the Scotland Bill will not and cannot cause the sovereign grant to reduce. Even though management of the Scottish assets and revenues from those assets are to be devolved, Scottish taxpayers will continue to contribute to the grant, through the contributions to the Consolidated Fund.
We keep hearing from the right hon. Gentleman and the Government about the respect that they have for the Scottish Parliament. In the general election, Scotland returned 56 SNP Members of Parliament, who stood on a platform of delivering home rule for Scotland. Every legitimate amendment that we have brought to this House has been vetoed by Government Members. When they talk about English votes on English laws, why do we not have Scottish votes on Scottish laws?
(9 years, 6 months ago)
Commons ChamberIt can be referred to as a deficit. We have listened to the Institute for Fiscal Studies and the Office for Budget Responsibility, so now let us have an informed debate.
I want to make it clear, by the way, that I am not in favour of cutting Scotland loose. I am in favour of United Kingdom solidarity, and I am in favour of a new grant mechanism, if the need for one is proven. My aim is not to trap the SNP, call its bluff or reveal its timidity. I genuinely want to give the Scots what they want: the freedom to run their own affairs and not to blame others if things go wrong, but all within the buttresses and safety of the United Kingdom. I am a fervent Unionist.
Will the hon. Gentleman concede that Scotland has contributed more than the rest of the UK in tax per head of population in each of the last 34 years, and that Scotland with full economic powers would be able to deliver prosperity and social justice for the people of Scotland?
The hon. Gentleman can vote for my new clause, if that is what he believes. That scenario is on offer tonight, and he can vote for it. As a No. 10 spokesman said helpfully over the weekend—it is not often that No. 10 spokesmen have supported my new clauses, but I am grateful to him—the new clause
“is the acid test for the SNP over whether they will back their own policy”.
A Labour party spokesman helpfully said over the weekend, “They can have full fiscal autonomy by 10 o’clock tonight if they want to vote for it.”
I am absolutely not. I do not want to overplay the analogy. As a fervent, almost romantic Unionist, I believe that Scotland has benefited enormously from being in the Union, which has been a Union based on trust and shared responsibility. I would not in any way suggest that the Scottish people have suffered in the same way that the Irish people suffered in the 18th century. If I gave that impression, I apologise, because that was not my aim at all. The only point I was trying to make was that we have to realise, in these debates, when there is a certain inevitability. If we know that full fiscal autonomy is going to come, it is better to have a serious discussion now on how to achieve it.
I must finish soon, because I am going to weary the Committee, but I do give way.
An important point has been made about opportunity. It is a real sadness that Scotland has lost a net 2 million people through migration over the past 100 years. One reason why we want powers over our economy is so that we can grow Scotland and ensure that we do not see tens of thousands of our young people being educated in Scotland and then emigrating and contributing to countries abroad. We need to grow the Scottish economy. That is why we need the powers over our economy.
Most of them seem to come down here and run us, but there we go. They have done very well and we have benefited.
That is because all the time that it is a subsidiary Parliament of the Union, and part of our public expenditure and borrowing plans, it has to abide by the remit. The hon. Lady is right in that it has been given a tougher remit than the Union gives itself, but it is not fair to say that that is of no interest or benefit to Scotland, because of course much of the Union expenditure is also being committed proportionately in Scotland and so it is Scotland’s share of the debt as well. I am making a factual statement; I am not trying to make party political points, wind up the SNP, rerun the referendum or anything like that. I am just trying to get this Committee to understand that grave and big issues are being hammered out elsewhere, we are not hearing about them and they impinge very much on this crucial debate that we are now having.
I have intervened in the debate because I want an opportunity to talk about this financial settlement, which matters to England as well as to Scotland. The proposal put forward by my hon. Friend the Member for Gainsborough brings things centre stage. If we went down his route and had full fiscal autonomy, I would want to know what that meant; how much responsibility Scotland would take, for example, for pensions as well as welfare; and what the borrowing settlement would be. The residual is the borrowing, and unless we know what the answer is on that, we still will not have a happy Union or stable expenditure.
I thank the right hon. Gentleman for his most gracious speech and his thoughtful remarks about the future of the constitutional arrangements between Scotland and the rest of the UK. It is perhaps worth remembering that when Gordon Brown spoke on behalf of the three Unionist parties prior to the referendum, what was offered was as close to federalism as we could get. What was talked about was home rule in the spirit of Keir Hardie. It is akin to the remarks that the right hon. Gentleman is making. It is perhaps worth remembering that the manifesto commitment the SNP stood on was delivering powers for a purpose to the Scottish Parliament. He is right: that is what the Scottish people voted for in returning 56 Members of Parliament to this Chamber.
Then I think we need to have another debate, on another day, which looks at what is going on in these important financial discussions. Although my constituents are interested in what powers Scotland gets, they are far more interested in how the money works between the different parts of the Union. We have no papers before us today to elucidate that.
In a moment.
If all the IFS and Treasury analyses do is project forward “Government Expenditure and Revenue Scotland” figures, they do not provide a meaningful description of the fiscal position in a fiscally autonomous Scotland. Whether Scotland’s budget deficit—or surplus—would be larger or smaller under full fiscal autonomy depends on a huge number of factors, not least the transition process that my hon. Friends referred to earlier; the negotiated fiscal framework between Scotland and the rest of the UK; Scotland’s contribution to UK-wide public services, such as defence, debt interest and international aid; the interaction with the UK macroeconomic framework; and, most importantly, the decisions made by the Scottish Government about borrowing, economic policy and public spending.
There would have to be agreement on the past contributions and tax receipts from Scottish taxpayers and corporates, and the shared liabilities that have accrued in terms of entitlements for individuals—for example, pensions that people have paid into through the national insurance system—to maintain the free movement of labour and an integrated single market. On liabilities, it is worth pointing out, in case anybody thinks I have forgotten about this, that we think there would have to be an adjustment to reflect UK-wide costs, such as the decommissioning costs in the North sea, because the UK Government have received the full benefit of all the tax revenue associated with that economic activity so far.
In short, the current economic situation is not a reason to say no to full fiscal autonomy; rather, it is vital, in tackling the deficit, to avoid further cuts by giving Scotland the economic levers that it needs to boost growth and increase revenues.
Does my hon. Friend agree that the key reason the UK deficit is sitting at close to £1.5 trillion is the failure to deliver sustainable economic growth over the past few years? The clear agenda behind our attempt to deliver fiscal autonomy to Scotland is that the Scottish Government are focused on innovation and skills, on driving investment into the Scottish economy, on driving productivity growth, on driving up tax receipts and on driving prosperity for the Scottish people. That is why we need these powers.
There is a very simple answer to that question. We all want what is best for Scotland. The latter part of my speech sets out how full fiscal autonomy would be bad for Scotland according to all the information we have. We can either have a sensible debate in this Chamber about our fundamental principles on people’s lives and livelihoods in Scotland, or we can have a political knockabout on who will vote with who, who prefers who and who said what to whom during the referendum debate. The Bill is critical to future livelihoods in Scotland, and if all we can get from those on the SNP Benches is simple party point scoring we will get no further forward in improving the Bill.
To answer the question asked by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), we are here today because the vow put together the Smith agreement. The five political parties, including the SNP, which was represented on the commission, have come forward with proposals that are now in the Bill. Labour wants to take the Bill a little further. I keep emphasising that and I emphasised it consistently on Second Reading.
I am going to make a little progress, but I will come back to the hon. Gentleman if he wants to intervene a little later.
As Labour said at the time of the referendum, and as we have said many times since, the no vote was not a vote for no change. Labour played an active part in the Smith commission, the recommendations of which bring us to where we stand today, considering the Bill. It was a compromise position and with all good compromises there will be some gains and some losses. I hope and believe that the Bill will strike the right balance, affording the Scottish Parliament the power to make a real difference to people’s lives while ensuring that Scotland remains part of and secure in the United Kingdom.
I will give way to the hon. Member for Ross, Skye and Lochaber (Ian Blackford), who got in before the hon. Member for Na h-Eileanan an Iar.
Will the hon. Gentleman not accept that the Scottish people voted overwhelmingly for the Scottish National party in the general election on 7 May? Fifty-six Members of Parliament were sent to this Chamber with the express view of the Scottish people that we want home rule—the home rule that Gordon Brown talked about before the referendum. Why does the hon. Gentleman not accept that Labour lost the general election in Scotland because it was out of tune with the Scottish people? It is about time it started to listen to what the people of Scotland want and to deliver it.
It seems to me that the SNP, in its fantastic victory, on which I have congratulated and complimented its Members on a number of occasions from this Dispatch Box, does not want any scrutiny at all. Just because the SNP has made a proposal for full fiscal autonomy does not mean that we should not scrutinise that proposal. In fact, if it was not for the hon. Member for Gainsborough (Sir Edward Leigh), we probably would not even be discussing full fiscal autonomy today. He forced the hand of the Scottish National party so that it brought forward its manifesto commitment, which it was rowing back on incredibly quickly.
Not at this stage. The result of the general election represented a call from the people of Scotland for the delivery of the powers in the Smith commission recommendations. The Scottish National party set itself up as the voice of the people of Scotland to ensure that those powers were delivered, and they will be delivered in the Scotland Bill.
Not at the moment. I have heard a number of small speeches from the hon. Gentleman, and I know the point that he wants to make.
I disagree with some of my right hon. and hon. Friends on the idea that conflict and division are inevitable when Governments work together. Despite what we regularly read in the media, see on television or hear in this Chamber, the Government work very closely with the Scottish Government on a range of important matters for the benefit of the people of Scotland. The Government remain committed to working continually for the benefit of the people of Scotland.
I made it clear earlier that we would, in early course, bring forward details of the full fiscal framework as it is being negotiated.
I was not convinced by the arguments for full fiscal autonomy advanced by the hon. Member for Edinburgh East and others. I was not convinced by the red-blooded version that my hon. Friend the Member for Gainsborough (Sir Edward Leigh) set out for delivering the Scottish National party’s manifesto commitments, and I was not convinced by the SNP full fiscal-lite proposals—sometime, somewhere, somehow.
The hon. Member for Gainsborough (Sir Edward Leigh) gave an eloquent speech, in which he explained how the debate in Scotland had moved on. We won the election in Scotland, and the people of Scotland have demonstrated their desire for powers, for a purpose and for a Parliament. Is it not the case, as the hon. Gentleman said, that the Government are playing with the future of their own Union, which they want to defend? It really is about time that they listened to the Scottish people and delivered what the people of this country have asked for.
I said at the start of my remarks that I was listening to the Scottish people. The only people who are playing games are those who threaten another referendum in Scotland every time they do not get what they say they want.
The principal issue raised in relation to full fiscal autonomy is that it would mean Scotland having almost £10 billion less to spend by the last year of this Parliament. That is not good for Scotland, and that is why this Government will not support it. I am afraid that the only argument we have heard in support of these proposals was that heard during the referendum campaign—basically, “It will be all right on the night: trust us.” The people of Scotland decided on 18 September last year that they did not trust that argument, and I still do not trust it. Full fiscal autonomy would mean an end to the Barnett formula. It would mean that the Scottish Government had to fund all public spending in Scotland from their own resources. The Scottish Government would therefore be fully responsible for raising all the tax from Scottish taxpayers required to fund all spending in Scotland on public services, benefits and pensions.
(9 years, 6 months ago)
Commons ChamberI do not believe that there is a Conservative case, or indeed any case, to be made for an outcome that would leave Scotland with a gap of between £7 billion and £10 billion in its finances, which would affect every school, every hospital and every person in Scotland.
The independence referendum on 18 September 2014 was a truly historic moment, and I am proud that the people of Scotland voted decisively to remain part of our United Kingdom. The debates were passionate, as many here today will attest, and extensive, and the level of participation was a credit to Scotland. The result was clear and decisive. It represented the sovereign will of the Scottish people. In voting no on independence, we Scots, for the first time in our history, made the positive, conscious and collective choice to pool our sovereignty with our neighbours in England, Wales and Northern Ireland. We made the positive choice to enjoy the best of both worlds. We chose to continue to share the benefits of being part of a strong United Kingdom while enjoying the benefits of a strong devolved Parliament in Edinburgh delivering Scottish solutions to Scottish issues. However, a no vote was not a vote for no change. The Conservatives, Labour and the Liberal Democrats all published extensive proposals for more powers for the Scottish Parliament in the months before the referendum.
The SNP accepted the result of the Scottish people but, during the referendum campaign, when Gordon Brown spoke on behalf of the Conservative, Labour and Liberal parties, we were promised that we would get as close to federalism as possible; that we would have home rule in the spirit of Keir Hardie. We hear about respect. The SNP won the election in Scotland conclusively. We stood on a mandate of powers for a purpose. Why does the Secretary of State not deliver what the people of Scotland voted for: a powerhouse Parliament with full economic powers?
I have heard the hon. Gentleman make his points before. The facts of the matter are that the SNP took part in the Smith commission after the referendum, signed up to a package of measures set out in the commission’s report and then, during the election, argued that its MPs would come to this Parliament to ensure that it was delivered.
Thank you, Mr Speaker.
The Smith agreement does not stop at powers over tax and welfare. The Scottish Parliament will receive a transfer of legislative competence in a range of significant policy areas. I cannot list each power in detail now—as I have said, the House will have ample opportunity to scrutinise them in Committee—but I will provide some examples. The Bill will enable the devolution of the management of the Crown Estate’s economic assets in Scotland to the Scottish Parliament and of the management and operation of reserved tribunals to designated Scottish tribunals. The Scottish Parliament will also have additional responsibility over roads, speed limits, road signs and the policing of railways in Scotland, as well as powers over onshore oil and gas extraction—
I have already taken a small speech from the hon. Gentleman.
The Bill provides the Scottish Parliament with powers over gaming in new premises and for additional duties on the UK Government to consult Scottish Ministers on functions carried out by a range of important public bodies. It will also enable public sector bodies to bid for rail franchises in Scotland; provide for the ability to state how schemes related to fuel poverty and energy efficiency are run; and increase the ability of the Scottish Parliament to require certain bodies to give evidence before it. In addition, part 1 will take forward in full the Smith agreement that the permanence of the Scottish Parliament be recognised in UK legislation and that the so-called Sewel convention be put on a statutory footing.
As one who has always believed in devolution, I welcome an historic Bill that devolves further powers to Scotland, granting real powers that local people have clearly demanded. Today, however, we heard the hon. Member for Moray (Angus Robertson) elevate victim mentality to a new art form.
It is fine for SNP Members to stand here in the House and say that what is on offer is not good enough, but to hear them speak, both in the House and outside, one would think that they had been no part of the Smith commission whatsoever, and that it had somehow been imposed on them from outside. They sound a bit like the Eurosceptics who claim that Brussels dictates what the United Kingdom does. Nothing could be further from the truth. SNP Members were part of the Smith commission, they agreed to the process, but then, on the following morning, they said that it had had nothing to do with them. We heard a continuation of that argument today, when it was suggested that what had been promised by all the parties who agreed to the Smith commission would not be in the Bill. Briefing from the House of Commons Library clearly states that
“there are no substantial differences between the tax powers that the Smith Commission proposed devolving and those contained in this Bill”.
We must recognise that the general election result caused a substantial change in the politics of Scotland. However, the SNP must recognise that in the vote on independence the people of Scotland voted to be part of the United Kingdom. I think that that puts working people in Scotland in a better position. We should consider the SNP’s record. Earlier today, the hon. Member for Moray shouted at one of my hon. Friends, suggesting that we were in cahoots with the Conservatives “yet again”. Given that his party was propped up by the Conservatives in the Scottish Parliament from 2007 onwards, we will take no lessons from him.
No, I will not.
The hon. Member for Moray set the tone. We keep hearing from the SNP that if something is said, it is actual fact. I think that the movement towards full fiscal autonomy is one thing that the SNP wanted and actually did mention in their manifesto. I hope that they will table amendments, because it would not be in the interests of working people in Scotland. It might be in their interests with Barnett in place, but it is clear that Barnett would eventually wither away, and, given the demographics and economics of Scotland, there would then be a black hole.