Scottish Government: Ultra Vires Expenditure

Lord Bruce of Bennachie Excerpts

Thursday 9th March 2023 Lords Chamber

[Lord Offord of Garvel (Con)]

My noble friend is correct to point out this recent development, and the police have now indicated that they are taking evidence from witnesses under caution. That procedure needs to be allowed to run its course. The wheels of justice grind slowly, but hopefully they grind fine.

[Lord Bruce of Bennachie (LD)]

My Lords, it may be reasonable for the Scottish Government to have overseas representations to promote trade, investment and tourism, but is it not worth reminding them and indeed the wider Scottish public that the UK has an extensive network of high commissions, embassies and consulates which do exactly that for all regions of the UK, including Scotland, and all the citizens of the UK? Are the Government satisfied that, when Scottish Ministers are abroad and they avail themselves of UK diplomatic facilities, they do not do so to promote separatism and the disintegration of the United Kingdom, a role for which they have no legitimacy?

[Lord Offord of Garvel (Con)]

Yes, foreign affairs are a reserved matter under Schedule 5 to the Scotland Act 1998 and are therefore the sole responsibility of the UK Government and UK Parliament. However, the Scottish Government and other devolved Administrations are entitled to conduct some international activity in support of their own devolved responsibilities, such as promotion of cultural exchanges and events, which they often do within the embassy network we have throughout the world. The Scotland Act is clear that foreign affairs are outside the competence of the Scottish Government and therefore they cannot and should not encroach into matters such as separatism or the constitution. We are aware that they have been doing that in recent times. As I just reported to the noble Lord, Lord Foulkes, the Secretary of State for Scotland has met with the Foreign Secretary and that will be very closely monitored in future.