Draft Scotland Act 1998 (Modification of Schedule 5) Order 2026
John Cooper Excerpts(3 weeks ago)
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Pete Wishart
It is a pleasure to serve with you in the Chair, Mr Twigg. I rise of course to support this legislation, and I am grateful that the Scottish Parliament, if it is passed, will now be able to consider the Assisted Dying for Terminally Ill Adults (Scotland) Bill without concerns about legislative competence.
I am utterly amazed to hear the hon. Member for West Aberdeenshire and Kincardine say that His Majesty’s Opposition are going to vote against the measure without any solution for how the Scottish Bill would be able to progress without the measure being passed. I urge members of the Committee to support the measure to ensure that Scotland gets the opportunity, just like Westminster, to consider with moral conscience the position on assisted dying. I find it astounding that the Conservatives are going to vote against it.
John Cooper
The position the hon. Member is putting forward is that we would somehow stop the assisted dying Bill progressing in Holyrood. That is simply not the case. I believe there is a date set for this to be further discussed in Holyrood. We are putting the cart before the horse here, because we are being asked to make provision for a Bill that may or may not see the light of day. It is a very peculiar situation. There is also the danger of the precedent that is being set; this is a Member’s Bill, and this system has never been used for one before, so a dangerous precedent could be set.
Pete Wishart
I always enjoy the hon. Gentleman’s words of wisdom, so would he attempt to respond if I set out the conditions that are required in order for the Scottish Bill to progress? The Scottish Bill cannot progress unless we have the devolution of poisons. I do not know if he is aware, but as we are talking about assisted dying, there has to be an end product of somebody dying, and the only way that is going to be done is through us having the opportunity to use the poisons that are currently reserved to Westminster. I do not know what proposal he has for that to take place.
How can a Scottish Bill go forward in the Scottish Parliament without the comfort that it will be within devolved responsibility and MSPs will be competent to make a decision? It is an absurd position from the Scottish Conservatives, and I cannot believe that they have come here today with this approach in mind. I ask them to reconsider, because just as this place has the opportunity to consider such a Bill, we need that opportunity in Scotland. This is an important issue, which should not be confined to this House. I hope the Scottish Conservatives think again.
In saying that, I find this a curious and convoluted piece of parliamentary procedure, which seems excessive and unnecessarily cumbersome, given the issues involved. Once again, a section 30 order is being used as the main means to allow the Scottish Parliament to legislate if required. I listened carefully to the Minister’s comments and I think that, if the Bill is passed, it will be accompanied by a section 104 order to devolve further specific identified provisions. I heard the Minister say there would be a section 104 order, and then I heard her say that there would not be one. She has to clarify, for all the other outstanding issues beyond the use and resourcing of poisons and medicines, how the Government intend to afford the comfort that the Scottish Parliament Bill could proceed, and what they would do if that Bill is passed. The section 104 order is an obvious means and mechanism to achieve that, so I hope that is exactly what she will tell me when she responds.
I have been in this place for 25 years. I know you cannot believe it, Mr Twigg, looking at this youthful Member of Parliament. In my time in Parliament, I have seen some 15 or so section 30 orders issued. The most notable, as has been mentioned, was the section 30 order through the Edinburgh agreement to devolve temporarily the right of the Scottish Parliament to hold devolved competence so it could have the referendum on Scottish independence. None has been accompanied by any other associated orders and none, other than the order for the referendum, has been issued with a sunset clause. It is therefore unusual to have a time-limited devolution section 30 order with a sunset clause, which will be on the face of that order.
As the Minister says, three areas have been identified where the proposed legislation of the Scottish Parliament strays into reserved responsibility. The main one, as the Minister outlined, is relevant to provisions that involve medicines, medical supplies and poisons. As I have just said to Conservative friends, those resources would be absolutely necessary if a terminally ill person asked for assistance to die. There will be general mystification in Scotland that, in a fully devolved health service, those vital responsibilities and resources remain with Westminster. The Minister will have to explain to us properly why, given that we are responsible for practically everything else to do with the national health service, as is right and proper in a devolved Scotland, those powers are not properly devolved.
If I was to suggest anything to the Minister, it would be to use this opportunity to make these powers permanent so that we could properly resource and equip our NHS to do its job. [Interruption.] I hear grumbles of complaint from my colleagues across the Floor, but I do not understand for a minute why the Scottish Parliament could not have these powers, just as the NHS in England has. Why is this the state of play just now?
The other issues are less clear, but apparently may stray into the “regulation of health professions” and “employment and industrial relations” reservations. I believe that is mainly to do with matters of conscience. I think we require more clarity; a further explanation of how that affects what are considered to be reserved regulations. There was great confusion in the Scottish Parliament that this would be the case.
It is certainly the case that Liam McArthur and the supporters of his Bill in the Scottish Parliament had absolutely no idea when presenting it that any of it strayed into reserved responsibilities. It came as a great surprise that that was the case. It was only when Scottish Government lawyers had a look at the Bill—as is their right and as they are right to do—that they discovered that there were issues to do with reservations. I am grateful that they had that look, so that we could try to resolve the issue.
As we have heard, the responsibilities will now be devolved under section 30, but only until this Parliament is dissolved. That time window is designed to allow the Scottish Parliament to consider the Bill and pass it, if it is agreed. But why not give the responsibilities to the Scottish Parliament without a time limit? There are only six weeks until the Scottish Parliament is dissolved for the Scottish general election, and there are questions about whether there will be enough time for the Bill to be considered properly. It is likely, or possible at least, that the next Parliament will want to revisit the debate, and I am pretty certain that some private Member will be keen to introduce it if there has been no opportunity to conclude the parliamentary consideration of the assisted dying Bill as it stands.
The second issue that concerns me is that the delegated powers can be exercised only with the agreement of the Secretary of State. Effectively, that gives a veto to the Secretary of State for Scotland over powers that will rightly be devolved, temporarily, to the Scottish Parliament. I have never seen anything quite like that in all the 15 or 16 section 30 orders that have been put through this House. We need a proper explanation of why that is the case.
Regardless of the fact that, for some reason, most Scottish MPs opted to exercise their right to a conscience vote in this House on an England and Wales-only Bill that has absolutely no impact on their constituencies, the Scottish Government rightly have no say on the English Bill. Why should Westminster have the last word on the provisions in the Scottish Bill? We need a proper explanation.
I will support the order; I have encouraged colleagues to do this, and I am utterly flummoxed by the position of the Scottish Conservatives. [Interruption.] I agree with the hon. Member for West Aberdeenshire and Kincardine that this debate should have been conducted on the Floor of the House, as it poses massive questions and issues for the devolved settlement. I wish the Minister had decided to do that; I think it was one of the recommendations in the report by the Scottish Affairs Committee, which is chaired by the hon. Member for Glasgow West, and it should have happened. I would be grateful for answers to the questions I have asked the Minister this afternoon.
St Andrew’s Day and Scottish Affairs
John Cooper Excerpts(2 months, 2 weeks ago)
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John Cooper (Dumfries and Galloway) (Con)
St Andrew was a guest at my wedding. No, I am not that old— I just look that way. Italia ’90 will be remembered by most for “Nessun Dorma”, Totò Schillaci and—my sympathies—England going out on penalties to Germany, but for me it was not about football; it was in Italy in 1990 that, in secret, I got married. The ceremony was held in Amalfi, under a portrait of a bearded St Andrew who looked rather like Matthew Goode as Inspector Carl Morck in “Dept. Q”. Most of St Andrew’s relics reside in Amalfi, having been moved there for safekeeping after the fourth crusade and the sack of Constantinople in 1204. Some think that Andrew brought Christianity to Scotland, but that was St Ninian, whose first footfall and church were in Whithorn, in my constituency of Dumfries and Galloway.
So much for history. What has Andrew done for us lately? I have often thought that St Andrew’s day suffers a bit because of the date: 30 November tends to be dreich, in the slough of despond between Halloween and Christmas. I also think that we make rather too little of it—compare it with the global Irish celebration of St Patrick’s day and, increasingly, the festivities on St George’s day. Scotland should look ahead and not back, so while we are refreshing our take on St Andrew’s day, might we also move away from the dirge that is “Flower of Scotland” as our anthem, with its maudlin fixation on days that are past and
“in the past…must remain”?
The SNP needs to snap out of it, too. Scotland’s wars of independence are long over, Mel Gibson’s “Braveheart” is most certainly not a documentary—that may trigger woad rage—and Scotland is no colony, but as one with Britain.
However, this Labour Government need to look again at their relationship with Holyrood. The much-vaunted reset between Westminster and Holyrood is just “devolve and forget” with better PR. Money is trolleyed north with little care for what happens once it is in SNP coffers. The nationalists oppose devolution; whether it is throwing a spanner in the works of defence firms by refusing to fund ordnance or a de facto boycott of our ally Israel, they will agitate in any way they can to break up Britain. Andrew was a fisherman before becoming a disciple—he of all people knew the value of mending your nets. Is it too much to ask of this Labour Government that they tend to the fabric of the Union? This is not about putting Holyrood in its place, but about delivering on what the people of Scotland voted for in 2014: remaining part of this great United Kingdom.
Madam Deputy Speaker (Caroline Nokes)
I call Julie Minns, to make what I think is a birthday contribution.
Devolution in Scotland
John Cooper Excerpts(4 months, 1 week ago)
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John Cooper (Dumfries and Galloway) (Con)
Devolution is not working. Instead of two Governments working in harness, Scotland has one in Westminster with its back turned to the one in Holyrood, which daily plots to break up Britain. Labour took power convinced that they were the grown-ups who would reset relations with the SNP at Holyrood. The harsh reality is that the SNP Government have no interest in joint working, for if devolution is a success, they lose the argument that independence is a necessity. They are aided in their mission by Labour’s “devolve and forget”.
This Government trolly billions of pounds north to Edinburgh via the block grant, but what happens after it disappears into the SNP black hole, where we can see what goes in but not what comes out? Well, no one on the Government Benches seems to care overmuch. The sleekit SNP is running rings around them. The Chancellor appeared in a smart video saying that she was delivering investment in Scotland. The backdrop was Lossiemouth, a key RAF base for protecting the High North, yet the SNP actively undermines British defence. There has been ludicrous talk of deploying “Scottish forces” as peacekeepers in Ukraine. There are many Scots men and women in Britain’s forces, but there are no Scottish forces. Ironically, the SNP denies defence firms vital investment because of childish opposition to ordnance—the shells, bombs, bullets and missiles that keep us all safe in a dangerous world. That is pulling apart, not pulling together.
Under the previous Administration, the Scotland Office was the guardian of devolution. The then Secretary of State for Scotland, Alister Jack, adroitly deployed section 35 of the Scotland Act to prevent the unlamented Nicola Sturgeon’s gender recognition reform from trampling on the rights of women and girls across the entire UK. That was not some assault on Holyrood’s powers, but a judicious application of the law as it stood to prevent devolution from being abused, to prevent Scotland from becoming a different country bit by bit, and to stop devolution being used as a battering ram to smash the Union. Would that happen now?
Today’s Scotland Office is, we are told, “Scotland’s window on the world”. Rather than nurturing the Scotland Act, it looks increasingly like Dover House has been annexed by the Department for Business and Trade as a pop-up shop for salmon and whisky. Perhaps a bit less looking out the window and a bit more attention to what is going on at John Swinney’s Bute House is in order, for Scottish Ministers seem to have more foreign breaks than Galloway Travel Service in Stranraer, in my constituency of Dumfries and Galloway. They have gone to Malawi, Zambia, Canada and Washington DC. Despite having no role in international affairs, Scottish Ministers have racked up more air miles than Biggles, at taxpayers’ expense. What are they discussing, given that trade policy is reserved? Let us take China, for example: Scottish Business Minister Richard Lochhead sloped off on a low-key visit to Beijing, and I asked what occurred, but the Foreign Office did not have eyes on it, in another display of “devolve and forget”.
There are many siren voices calling for Holyrood’s abolition as Supreme Court judgments on gender are ignored; its Committee system, as we have heard, is neutered so that genuine scrutiny is near impossible; and the First Minister spends more time pronouncing on Gaza and boycotting Israel—foreign affairs are outwith his bailiwick—while Scots’ taxes rise with no improvement in public services.
Seamus Logan (Aberdeenshire North and Moray East) (SNP)
The hon. Gentleman is drawing attention to many issues that he says are the fault of the Scottish Government’s creating difference between Scotland and England. What would he say about the Brexit vote in 2016 creating such difference?
John Cooper
I just gently point out that I think more Scots voted for Brexit than for anything else in the history of Scotland.
John Cooper
Sorry, but I will not give way, because I want to make some progress.
John Swinney—not so much yesterday’s man as the day before yesterday’s man—is a pound-shop Parnell trying to suborn British institutions to undermine Britain. Devolution is not working, but it is not broken beyond repair. My noble Friend Lord Offord of Garvel, who sits in the other place, has challenged Holyrood to do better in a series of essays entitled “Wealthy Nation, Healthy Nation”. That is predicated on Holyrood parking its constitutional obsession to deliver what it was intended to do—to better the lives of those living in Scotland. Amen, but it will require the Scottish Government to respect democracy, not least the clearcut decision in the 2014 independence referendum to remain part of the UK, and it will take this House finding the courage to confront what the SNP Government are up to. It is not about putting them in their place or keeping them in their lane. No, it is merely about both Governments respecting the Scotland Act.
If Holyrood is to have another 25 years, John Swinney needs to comport himself as First Minister, not “First Agitator”. The present Secretary for State for Scotland once told Harvard University of the need
“to more closely align accountability with decision-making authority.”
Hear, hear. The chink of ice in the whisky cocktails in far-flung embassies is seductive, but while the Scottish Secretary is distracted, the SNP plots, and it is our constituents who will pay the bar bill and face the hangover.
Kirsty McNeill
Apologies, Madam Deputy Speaker—my mistake.
The hon. Member for Moray West, Nairn and Strathspey (Graham Leadbitter) said that he would like to focus some of this debate on the state of the health service in Scotland, and we would be delighted to address that. As we have heard repeatedly on the Floor of the House today, if people live south of the border, they experience more and more appointments being available and waiting lists going down; if they live up the road, one in six of them is on a waiting list. My hon. Friend the Member for Cumbernauld and Kirkintilloch (Katrina Murray), who I thank for her service in the NHS, relayed that so movingly. My hon. Friend the Member for Cowdenbeath and Kirkcaldy (Melanie Ward) did likewise and spoke movingly about the experience of patients in her area.
The hon. Member for Gordon and Buchan (Harriet Cross) talked about paused capital health spending in her constituency, and I am very sorry to hear that. I advise her to ask the SNP Government about the record settlement they had in the devolution area and where the money, which could have been put to good use for patients in her area, has gone.
The shadow Secretary of State, the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie), asked this Government to be unequivocal in our support for the United Kingdom. I am pleased to confirm that we are, but we recognise that support for this family of nations is partly dependent on the delivery of this Government in Westminster. We are resolutely focused on delivering for Scots and cleaning up the mess that his party left.
The shadow Secretary of State’s party colleague, the hon. Member for Dumfries and Galloway (John Cooper), accused us of focusing too much on trade promotion— guilty as charged. We could almost taste the envy about the three trade deals secured under this Government. I am pleased to confirm that we will continue to promote Scotland’s world-class products and services to the world, and we will do so proudly and without apology.
John Cooper
The Minister will agree that the work on those trade deals was begun under the previous Administration.
Kirsty McNeill
Credit for those trade deals sits with those who got them over the line. This is a Labour Government who have delivered comprehensively for Scotland’s world-class producers and services, and we are delighted to have done so.
The hon. Member for Arbroath and Broughty Ferry (Stephen Gethins) said that we should really be having a debate about accountability, and I agree with him. We have more quango chiefs than MSPs in Scotland, because it is actually very difficult to hold to account those who deliver public services and spend public money in Scotland. That is why Anas Sarwar is so intent on bringing back accountability to elected Members.
Oral Answers to Questions
John Cooper Excerpts(7 months, 3 weeks ago)
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Aphra Brandreth (Chester South and Eddisbury) (Con)
John Cooper (Dumfries and Galloway) (Con)
The Parliamentary Under-Secretary of State for Scotland (Kirsty McNeill)
Scotland cultivates the very best produce in the world, and we are absolutely committed to supporting Scotland’s agricultural sector and, indeed, all those who live and work in our rural communities. I was very pleased that the Scottish Government’s Minister for Agriculture and Connectivity joined me for a food and farming roundtable that I hosted in Edinburgh in April. We heard directly from the sector about how Scotland’s two Governments can best collaborate and continue to support those who put food on our table.
Kirsty McNeill
The Scottish Government have been given a record settlement in the devolution era, and it is for the devolved Governments to allocate their funding in devolved areas as they see fit. They are accountable to their own legislatures and, indeed, the Scottish public. That is a key principle of devolution, and this Labour Government will respect it.
John Cooper
We Conservatives were vilified when we pointed out that the vindictive changes to farming reliefs were going to damage jobs in rural Scotland. The Scotland Office conducted its own roundtable with agriculture figures. Will the Minister share the results of that with the House, the Scottish Government and, crucially, whoever the Deputy Prime Minister decides will be the next Chancellor of the Exchequer?
Kirsty McNeill
I would be delighted to report back to the House and Scotland’s rural communities, including my own in Midlothian, about the outcomes of the farming roundtable. We heard directly from stakeholders that they want support and, crucially, for the two Governments to work together, which is exactly why we had the Scottish Government around the table.
Scotland: Transport Links
John Cooper Excerpts(1 year, 1 month ago)
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John Cooper (Dumfries and Galloway) (Con)
It is a pleasure to serve under your chairmanship, Mrs Lewell-Buck. I congratulate my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) on securing this important debate.
I was a teenage newspaper reporter when I was first confronted with the horrific reality of a collision between a car and an articulated lorry. A senior policeman told me that there had been four fatalities when a lorry and car crashed on the A75, just outside my home town of Stranraer in what is now my Dumfries and Galloway constituency. The policeman added, “I know there’s four dead only because I can see four right feet.” Forty years later, that same A75 continues to exact an awful toll, for the total traffic volumes it carries are much bigger and the artics larger too. Tragically, there have been two more fatalities recently, when cars and lorries collided on the A75 in September and November.
The A75 is gloriously titled “the Euro route”, but we must set aside any notions of a multi-laned ribbon of shining asphalt. It is largely two lanes and filled with dangerous bends, blind dips and adverse camber, and grinds through villages that should have been bypassed decades ago. The A75 even has a light-controlled cattle crossing, despite the fact that it services the key port of Cairnryan and carries perhaps—estimates vary—as much as 60% of goods into and out of Northern Ireland.
Transport is devolved to the Scottish Government, so why on earth are we here, in this place, discussing this road? It will be news to the Minister, but the previous Conservative Administration undertook a review of UK connectivity and identified the A75 as being of national significance. Yes, it is the key traffic artery running through Dumfries and Galloway but it is also the critical link between Northern Ireland, Scotland and England. It is screaming out for improvements, yet the road is treated with supreme indifference by the Scottish Government. They complained that the UK Government even looking at the A75 was a “power grab”, and alleged that we were trampling on devolution by launching a connectivity review. Officials were ordered not to co-operate with that review, which was led by Sir Peter Hendy, now Lord Hendy. That meant that he had to “drive” the full length of the A75, inch by painful inch, using only Google Street View.
Since my election I have been trying to find out what is happening with money that the last Conservative Government earmarked for improvements to the A75. I have established that the money has not been swallowed up by the questionable fiscal black hole that the Chancellor blames for all ills, but with the Department for Transport here convinced that the issue sits in Edinburgh and Edinburgh inscrutable at best, we have an impasse.
The First Minister of Scotland, no doubt motivated by looming Holyrood parliamentary elections, has deigned to visit the A75 to see for himself how overwhelmed it truly is. Labour boasts about a reset of relations with the Scottish Government yet, sadly, the Secretary of State for Scotland was unable to take up my suggestion that, given the supposed love-in between Dover House and Bute House, he should share a car with First Minister John Swinney on that visit. Mr Swinney has said that he now understands the depth of feeling about the A75—empty words that leave those on both sides of the North channel frustrated by the state of this vital cross-border road.
Will the Minister give my constituents an update on where the UK taxpayers’ money for the A75 has gone? Will she press the UK Department for Transport to accept that it has a stake in seeing a rolling programme of improvements on the A75, on both safety and economic grounds? The current mode of this Government is to devolve and forget, to throw a block grant up north to Edinburgh and then wash their hands of the matter. That is not what devolution is about. The A75 is a classic example of where the UK Government ought to act in the best interests of the people of Britain and not allow devolution to be an excuse for inaction—livelihoods, and indeed lives, are truly at risk.
Oral Answers to Questions
John Cooper Excerpts(1 year, 4 months ago)
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Martin McCluskey
I send our congratulations to my hon. Friend the Member for High Peak (Jon Pearce) on the birth of his daughter, and I agree with what my hon. Friend the Member for East Renfrewshire (Blair McDougall) said. That is why we are making immediate changes to paternity leave through the Employment Rights Bill. We are making paternity leave available from day one in a new job and enabling it to be taken after shared parental leave. I pay tribute to my hon. Friend for his vigorous campaigning on this issue. I am sure that, like me, he was delighted to vote for the biggest upgrade to workers’ rights in a generation, which the Conservative party shamefully opposes.
John Cooper (Dumfries and Galloway) (Con)
One of the criticisms of the employment legislation that is being brought in is that it delivers us into the hands of the trade union barons. Does the Secretary of State agree that we are indeed in the iron grip of the barons, since he was unable to attend an event in his own office last night because he would not cross a picket line?
Martin McCluskey
We will take absolutely no lessons on employment rights from the Conservative party, which left us with a £22 billion black hole in the public finances that we are having to pick up. My right hon. Friend the Chancellor will address that in a moment.
Oral Answers to Questions
John Cooper Excerpts(1 year, 5 months ago)
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Ian Murray
I congratulate my hon. Friend on winning Glenrothes and Mid Fife. I acknowledge his efforts, and those of many hon. Friends in the House and of people in the local area, advocating for the Methil fabrication yard. The yard, along with many others like it, will have a key role in fulfilling our ambition for Scotland and the UK to become a green energy powerhouse. In addition to GB Energy, there is the national wealth fund, which will help unlock further investment opportunities for ports and heavy industry, and manufacturing companies will have a crucial role to play in creating jobs in our transition to net zero. I have been to the Methil plant twice. It has a world-class workforce, and I can assure them that we will do everything we possibly can to make sure that they have a bright future.
John Cooper (Dumfries and Galloway) (Con)
I welcome the Secretary of State to his place and thank him for his generous words about the work of Sir Alister Jack, who was previously in that role. Does the right hon. Gentleman share my consternation this morning that two sanctioned Russian oligarchs now have a share in Harbour Energy, our largest producer of North sea oil and gas? That seems incredible at this time, not least because the company that they are using to have this stake—LetterOne—was forced to divest itself of a broadband company because it was a threat to national security. Can we look again at this decision?
Ian Murray
May I welcome the hon. Gentleman to his place and congratulate him on winning his seat? The Foreign Secretary is sitting two seats along from me, and I am sure that he will have heard what the hon. Gentleman said. I am sure that the issue is a concern to everyone in the House, and we will make sure that a written response is given to the hon. Gentleman as soon as possible.