Scottish Referendum Legislation: Supreme Court Judgement

Lord Forsyth of Drumlean Excerpts

Thursday 24th November 2022 Lords Chamber

[Lord Offord of Garvel (Con)]

The noble Lord will be aware that under the devolution settlement the UK Government do not prescribe to the Scottish Government how to spend the money sent north of the border. That allows the Scottish Government to make grown-up decisions on their own behalf and on behalf of the people of Scotland. The judgment of the Supreme Court has given us helpful clarity on the difference, which we all knew about, between reserved matters and devolved matters. The constitution is therefore clearly reserved, while the spending of £20 million in that area is a matter for the Scottish Government. The noble Lord will know that that could be the equivalent of 1,000 new nurses, 650 police officers or 600 teachers. On a day when schools are out on strike, it is for all of us to point out within the Scottish environment that the Scottish Government should be directing their attention to matters for which they have devolved responsibility.

[Lord Forsyth of Drumlean (Con)]

My Lords, when I was a councillor, if a council spent money that was ultra vires, the councillors were personally liable. Given the behaviour of the Scottish Government, should we not be extending the ability to surcharge Members of the devolved Administrations where they incur expenditure that is ultra vires?

[Lord Offord of Garvel (Con)]

My noble friend is an eminent former Secretary of State for Scotland and knows his territory well. He will also be aware of the architecture put in place at the time of the 1998 Act, which has been further improved by the 2012 and 2016 settlements. Within that, the UK Government give the Scottish Government the discretion to spend their money on behalf of the Scottish people, and it is down to the Scottish people to give their view on that at the ballot box.