Scotland Bill

Lord Boyd of Duncansby Excerpts

Thursday 2nd February 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, this amendment is minor and technical in nature and has been laid following work undertaken with the Scottish Government to clarify the scope of Clause 13. The United Kingdom’s intended policy remains unchanged; we have always said that while we intend to re-reserve the regulation of health professions to Westminster, the regulation of social care professions should remain a devolved matter within the legislative competence of the Scottish Parliament. Likewise, the Scottish Government’s position on Clause 13 remains unchanged. They remain opposed in principle to the re-reservation of the regulation of health professions.

To give some background, health profession regulation is currently reserved by reference to specific Acts of Parliament, all of which were obviously in place when the 1998 legislation went through. Other health professions have been subject to regulation under subsequent statutes. Under the architecture of the 1998 Act they would not have been caught up in this. A considerable number of bodies made representations to the Calman commission that this was an unsatisfactory position, which is what we sought to address.

Despite the differing policy positions of the United Kingdom and Scottish Governments on the clause generally, this amendment clarifies the intent behind the clause and is an example of where we have listened to the technical concerns, which the Scottish Government have raised, and have sought to act on them. The Scottish Government’s concern was that, as originally drafted, Clause 13 might have an unintended consequence for the social care professions that might in the future become regulated by the Scottish Parliament under the Regulation of Care (Scotland) Act 2001 or a successor Act. The concern was that the regulation of these new social care professions would fall within the scope of the new re-reservation, which is not the United Kingdom Government’s intention.

This minor and technical amendment makes it explicit that regulation of the social care professions is, and will remain, a matter that is devolved to Scotland. I hope that that clarifies this amendment. I beg to move.

[Lord Boyd of Duncansby]

My Lords, we welcome the clarification that this amendment gives to this clause. It was never the Calman commission’s intention that the regulation of residential care workers should be reserved as opposed to health professionals. Perhaps I may add to the background. The Calman commission received evidence from the royal colleges, which are concerned at the possible fragmentation of standards as a result of the Scottish Parliament on the one hand and the UK Parliament on the other having responsibility for the regulation of health professionals. Common standards for health professionals are of evident benefit to the UK as a whole, and the Government’s implementation of this recommendation is to be welcomed.

On a final point, the re-reservation of powers to the UK Parliament in this case is a signal that devolution is about finding the right balance between the powers that sit with the UK Parliament and those that sit properly with the Scottish Parliament. It is important that we get a system that works well not only for the people of Scotland but for the people of the UK as a whole.

Amendment 21 agreed.

--- Later in debate ---

[The Earl of Mar and Kellie]

My Lords, does the clause in any way inhibit Scottish universities’ polar research? My noble friend has been to the Antarctic. In 1902, William Speirs Bruce led the Scottish national Antarctic expedition in the steam yacht, “Scotia”, its research ship. The “Discovery” was built in Dundee. Speirs Bruce also explored the Arctic, and one can still find the remains of Brucehaven in Spitsbergen. Perhaps I may ask a question that is vaguely similar to one asked by the noble Lord, Lord Forsyth. Are we trying to prevent Scots universities exploring or researching in Antarctica but not in the Arctic?

[Lord Boyd of Duncansby]

My Lords, we support the inclusion of the clause, which seems sensible. Antarctica is obviously an important international resource. It is regulated by a treaty which, as we have heard, is now up for renewal, and it is clearly important that environmental protections are put in place to preserve Antarctica as a pristine part of the planet. Perhaps I should declare an interest as having acted for Donald Trump in a certain planning inquiry, but I assure noble Lords that there is no connection between my supporting this clause and Mr Trump.

As a Scottish Minister, I was not aware that we had any responsibility for Antarctica. I see my noble friend Lord McConnell nodding, so I do not think that he was aware of his responsibility. Clearly, that was a dereliction of duty.

[Lord McConnell of Glenscorrodale]

My Lords, I can confirm that I was aware of my responsibilities as First Minister of Scotland, but I can also confirm in response to the noble Duke, the Duke of Montrose, that at no time in the five-and-a-half years that I served as First Minister of Scotland was I ever asked a parliamentary question on this subject, was a parliamentary debate on it ever suggested or, for that matter, did we ever receive any correspondence on it.

[Lord Boyd of Duncansby]

The question that I was going to pose was why we did not extend the ban on smoking in public places to Antarctica. Clearly, that was an oversight on our part. We could also have extended the scheme for insulation of older persons’ homes, which was one of the then Scottish Executive’s schemes. Of course, we are now spared the question as to whether the referendum on independence should also extend to Antarctica. The noble Duke, the Duke of Montrose, has pointed out that if independence was ever to come, the First Minister would not have to consider whether to expand his navy by adding an ice-breaker to it. We fully support the clause.

[Lord Wallace of Tankerness]

My Lords, I am grateful to my noble friend the Duke of Montrose for giving us the opportunity to discuss this matter and to all those who have welcomed this clause. I join my noble friends the Duke of Montrose and Lord Forsyth in saluting Captain Scott and his four fellow adventurers who on 17 January 1912 reached the South Pole. We are all conscious that theirs was a long struggle that ended very sadly, but, nevertheless, 100 years on, we remember the extraordinary feat of those explorers. I also join those who have paid tribute to and saluted my noble friend Lord Forsyth for climbing Mount Vinson last year. We all remember getting the reports and his managing to raise substantial funds both for Marie Curie Cancer Care and Children in Need India.

If the former First Minister knew that he had responsibilities for Antarctica, it is clear that he was not advised on it by his senior law officer, and he certainly did not share the fact with his Deputy First Minister.

My noble friend the Duke of Montrose asked about the draft Antarctic Bill. It was in the context of preparing for that draft Bill that it became apparent that, while outer space had been reserved, Antarctica had not. No doubt the noble Lord, Lord Sewel, will tell us why that was the case.