UK Government Union Capability

Lord Bruce of Bennachie Excerpts

Thursday 1st July 2021 Lords Chamber

[Lord Bruce of Bennachie (LD) [V]]

My Lords, I thank the noble Earl, Lord Kinnoull, for initiating this important and very timely debate. I also want to show appreciation for the very helpful review conducted by the noble Lord, Lord Dunlop, which was too long delayed in publication. I thank noble Lords who have made a wide variety of extremely good speeches, for which the time constraint was not adequate.

It is clear that, if the UK is to have a constructive future, a fundamental reset of relations between nations, Governments and communities is needed. Brexit and the domestic legislation that followed, and is following, has put severe strain on the settlements. As a member of the Common Frameworks Scrutiny Committee—along with four other speakers in this debate, as has been mentioned—I believe the approach being taken in this process in most cases offers a constructive way of taking policy issues forward. In particular, it seeks to allow divergence, encourage constructive engagement, avoid disputes and, where they do arise, to set out mechanisms—although as yet untested—that are fair and at least try to be objective and independent. However, the default position remains that UK Ministers have the last word. In addition, the policy areas covered by common frameworks are restricted to those areas previously under EU rules designated at the outset of the process. These can be overridden by new legislation being enacted post Brexit, ranging from the trade agreement to the internal market Act, Agriculture Act, Environment Bill and Professional Qualifications Bill.

The noble Lord, Lord Dunlop, called for a dedicated Cabinet Minister for the union, supported by a Cabinet committee and a Permanent Secretary. Although the noble Lord did not say so, the Prime Minister appointing himself to that role does not hack it. Not only is he personally and politically unsuited but, more fundamentally, he as Prime Minister has far too many other responsibilities to deliver on it. However, the appointment of Sue Gray to the new position of Permanent Secretary for the union is certainly welcome.

The proposal made by the noble Lord, Lord Dunlop, for a new UK intergovernmental council to replace the Joint Ministerial Committee, which has been largely sidelined, makes sense. It is clear that the understanding of and commitment to devolution varies enormously across departments, so the suggestion that career development in the Civil Service should be conditional on having spent time in a role in the devolved Administrations—and vice versa for those working in the devolved Administrations—should be developed further.

Although there is scope for debate as to whether the UK should head towards a federal or quasi-federal constitutional settlement, there is nevertheless a clear opportunity to learn from the experience of federal countries. At the very least, there needs to be clarity on where powers lie—not only what is reserved and what is devolved but, perhaps most importantly, what is shared. There also needs to be a respectable process for any change in the apportionment of powers and the resolution of disputes.

This debate needs to be put into its current political context. Brexit is far from done. UK trade with the EU is declining rapidly, with none of the emerging trade agreements offering anything close to significant alternatives. Northern Ireland is subsiding into renewed and dangerous political and economic uncertainty. Although the threat of independence in Wales falls short of confrontation, the breakdown of trust between the Welsh Government and the Senedd is a manifestation of political storm clouds.

Scotland is stalemated, with pro-independence and anti-independence sentiment deadlocked. Whatever the SNP’s bluster, advancing the case for independence —or even for another referendum—is nowhere in view and beyond credible. The UK Government should resist the temptation just to say no. It may suit the short-term political advantage of the Tories and the SNP to entrench this deadlock, but it is no good at all for the people of Scotland caught between them. There must be a constructive appeal to engage in co-operation and joint working.

The changes made so far, and the strengthening of the UK Government’s presence in the devolved Administrations, need to set the foundation for a new and positive relationship, not just window dressing. The UK Government are understandably keen to ensure that the impact of UK-wide spending within the devolved Administrations is clear and understood. The city deals have been positive examples of joint working on funding involving Governments, local authorities and the private sector. Replacing UK structural funds with a UK shared prosperity fund presents another opportunity for the UK Government to be seen to be spending in the devolved areas—but only if it is done in co-operation with, not over the heads of, the devolved Administrations.

During Covid, billions of pounds have been poured into economic support through furlough, business loans and other measures. In Scotland, it is in excess of £10 billion. However, spending by the UK Government should be used not to patronise or demean but to show the value of co-operation and sharing. It requires transparency by all levels of government. By the same token, it is not helpful for the people they serve if devolved Governments misrepresent the relationship or use it to further the political argument. How many more years will voters in Scotland put up with being told that problems cannot be addressed this side of independence, which is not on the horizon and would take years even in the best-case scenario?

Covid has shown up the best and worst aspects of devolution and the relationships. The devolved Administrations have had the freedom to determine their own way through lockdown. However, the science is common and, for the most part, the differences have been cosmetic or timescale-related. The mismanagement of border controls, especially in relation to the delta variant, has been monumentally incompetent. The attempt to restrict movement between Scotland and England has degenerated to the absurd, with an unenforceable ban on travel to Manchester while unrestricted travel to London is allowed for Scottish football fans, with adverse consequences. The development, procurement and rollout of vaccines has been a positive demonstration of the benefits of the United Kingdom and co-operative working. The economic capacity of the UK has been of benefit to all our citizens.

Given that Scotland is not leaving the UK any time soon, and may never leave, there is surely an obligation to show how the Scottish and UK Governments can co-operate for the greater good of the citizens of Scotland, rather than endlessly picking fights at the expense of today’s priorities. All Governments need to show understanding of the different needs of communities. Too much centralisation has undermined effective local decision-making. Nationalism, all kinds of nationalism, is weakening the UK and its constituent parts and preventing it presenting its best face to the world. The UK Government are risking the UK’s reputation for consistency and trustworthiness. The irreconcilable conflict over the Northern Ireland border risks the Belfast agreement, yet the constant denigration of all things British by SNP politicians makes it harder to find the appropriate and, dare I say, co-operative approach to decision-making.

Trying to drive policy centrally for differing local circumstances is proving problematic. Balancing the expectations of red wall and blue wall constituencies is changing the political landscape. The tectonic plates are not just moving but crumbling. We desperately need a new settlement from all sides, and that requires more localism, less nationalism and more internationalism. It needs politicians of all shades to show integrity and contrition. Above all, it requires leadership. Is it there? Time will tell.