Northern Ireland: Devolved Government

Debate between Lord Foulkes of Cumnock and Lord Duncan of Springbank

Monday 28th October 2019 Lords Chamber

[Lord Duncan of Springbank]

My right honourable friend the Prime Minister has declared that he will be the Minister for the union. The union is composed of four nations. Northern Ireland is an integral part of that union. We must deliver for the people of Northern Ireland but so must the politicians there, who have an obligation to reform the Executive.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, will the Minister give careful consideration to whether it would speed up the restoration of devolved government in Northern Ireland if we were to stop paying them until they sat again?

[Lord Duncan of Springbank]

Yes.

Northern Ireland: Historical Institutional Abuse Inquiry

Debate between Lord Foulkes of Cumnock and Lord Duncan of Springbank

Thursday 13th June 2019 Lords Chamber

[Lord Duncan of Springbank]

I can give the noble Lord that assurance. We will do just that.

[Lord Foulkes of Cumnock (Lab Co-op)]

Is the Minister telling us that the only reason we are not able to consider this is because of a delay in drafting the legislation? The Minister knows that I have a great respect for him. Could he not go back to the officials to say that this House, indeed the whole Parliament, is ready to consider this legislation and put a rocket under them so that it comes here as quickly as possible?

[Lord Duncan of Springbank]

I will be very happy to put a rocket under them.

Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019

Debate between Lord Foulkes of Cumnock and Lord Duncan of Springbank

Thursday 28th March 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, this order is necessary as a consequence of the Forestry and Land Management (Scotland) Act 2018, which received Royal Assent on 1 May 2018, having been passed by the Scottish Parliament on 20 March 2018. I will refer to this as the 2018 Act. Section 104 of the Scotland Act 1998 allows for “necessary or expedient” legislative provision in consequence of an Act of the Scottish Parliament. In this case, a Section 104 order is required in consequence of the 2018 Act. Both the UK and Scottish Governments have agreed to this order being taken forward, following an initial request from the Scottish Government.

The 2018 Act is the final stage in a programme of work to devolve responsibility for the management of forestry, which started with the Scotland Act 1998. The 2018 Act, which will commence on 1 April, provides for the powers and duties that are held by the forestry commissioners, in so far as they relate to Scotland, to be transferred to Scottish Ministers. Two orders must be laid by the Government following the 2018 Act to transfer the relevant powers. One order is subject to the negative procedure, and was made under Sections 90 and 93 of the Scotland Act 1998. The order we discuss today has been made under Section 104 of the Scotland Act 1998 and is subject to the affirmative procedure.

[Lord Foulkes of Cumnock (Lab Co-op)]

As the Minister knows, we have devolved other powers to the Scottish Government and Parliament, particularly over welfare. Having demanded these powers, and we having spent time considering and delegating them, they are not exercising them. They have said, “No, we cannot do it; we cannot carry out these powers because we just do not have the facilities or the ability to do it”. They have wasted our time, disillusioned the Scottish people and created tremendous problems. Can the Minister give us an assurance that the Scottish Parliament and Government are ready to deal with these forestry powers, because they certainly were not ready to deal with the welfare powers that we devolved to them?

[Lord Duncan of Springbank]

The noble Lord makes a point of some interest regarding the Scottish Government. One might almost say they could not see the wood for the trees—sorry, it has been a long day. I will come back to some related points once I have completed my opening speech.

Some functions will continue to operate across Great Britain in relation to forestry science and research, tree health, and common codes and standards. When the 2018 Act comes into force, the forestry commissioners will no longer have a role in Scotland. Management of forestry will instead become the sole responsibility of the Scottish Government. This order enables the 2018 Act to be implemented in full. It provides new powers to Scottish Ministers and makes several consequential amendments to UK legislation, with a particular focus on the Forestry Act 1967.

Articles 3 and 4, along with similar provision in the Section 90 order, will enable cross-border arrangements to be entered into between the Scottish Ministers, the forestry commissioners and various other bodies. While forestry functions and management of the national forest estate will be fully devolved, the order will allow Scottish Ministers to enter into arrangements with the other bodies so that each may deliver certain functions on the other’s behalf.

Article 5 will confer powers upon Scottish Ministers to promote, develop, construct and operate installations for or in connection with the generation, transmission, distribution and supply of electricity produced from renewable sources and to use electricity produced by virtue of those powers. These powers are currently exercisable by the Forestry Commission in Scotland. When the Forestry Act 1967 is repealed as it relates to Scotland, it will be necessary to transfer these functions to the Scottish Ministers to ensure they have the same powers as the forestry commissioners have under the current arrangements.

Finally, the order makes a number of consequential amendments to the Forestry Act 1967, related statutory instruments and other primary legislation to reflect the removal of the forestry commissioners’ functions in or as regards Scotland.

We have worked closely with the Scottish Government at all levels to ensure that this order makes the necessary amendments to relevant UK legislation in consequence of the 2018 Act. It represents the final stage of devolving forestry to the Scottish Government. I commend the order to the House, and I beg to move.

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[Lord Duncan of Springbank]

My Lords, I am very grateful for the detailed questions that have been asked today, and I will do my best to do justice to them.

I will start with the noble Lord, Lord Addington. On the question of what practical co-operation and co-ordination will look like—this also touches on the comments made by the noble Earl, Lord Kinnoull—the purpose here is not to undo established relationships, particularly at the research level and where the co-operation is based on intellectual engagement with the various challenges facing either the health of the forest or indeed the welfare of the forest inhabitants. There are established relationships, and it is not anticipated that these will be interrupted or disturbed. They will reach not just between—to be frank—the current commissioners and Scotland but also where information can be shared between Wales, Scotland and England. The noble Earl, Lord Kinnoull, asked whether this applies to Northern Ireland, and I have been told that the answer is no, it does not. It focuses only on Great Britain in that context.

The issue around renewables is important. The current powers exercised by the commissioners will transfer as they are. The noble and learned Lord, Lord Davidson, asked about guidance, particularly with reference to mature trees. I believe that he and I share exactly the same view—that we should not in any way be looking at mature trees for renewable electricity generation. Again, I hope that the current guidance will be operated in exactly the same fashion: namely, that mature trees should not form the basis of wood chips or wood pellets to create renewable electricity. That would defeat the purpose of the overall ambition. The guidance exists, and I hope that it will continue to be applied in that wider context.

The noble Earl, Lord Kinnoull, asked an important question about squirrels. I know that he is a passionate advocate of the red squirrel—I am fully aware that I come from a part of the country, in Perthshire, around Alyth, which has a well-established red squirrel population. The noble and learned Lord, Lord Hope of Craighead, knows what I am talking about—he knows the squirrels of Perthshire. Again, it is important that we recognise that we have established information about the squirrel communities, and we cannot lose that simply because we create different separations of powers. There needs to be a sharing of our understanding around squirrel movements, and we need to do that at the level of the island of Great Britain as a whole: that will remain absolutely essential to moving forward here.

We must be cautious—this touches on the points raised by the noble Lord, Lord Foulkes—that, as we move toward a new arrangement, it cannot be a diminution of where we are now: it must be an improvement, or certainly no worse. We must be cognisant of and attentive to each aspect, particularly where sharing relates to plant or tree health and where we have pests and various types of wood-borne disease. We cannot take any chances: our forestry estate is too important. Noble Lords will be fully aware of the challenges experienced just now with regard to ash trees, and the wider issue of contamination—how quickly it can spread if we are not careful. We must continue to co-ordinate and collaborate at a UK-wide level, because our forestry estate is too important not to.

The noble and learned Lord, Lord Davidson, touched on the issue of the rural road network. That is integral and the Scottish Government have the responsibility to take this matter forward sensitively and carefully. I hope that they will continue to do that, because it is critical to the well-being of often remote areas.

There is one block of forestry which straddles the border. It is currently managed as a block by Forest Enterprise England on behalf of Forest Enterprise Scotland, and it has been agreed that this block will continue to be managed by Forest Enterprise England on behalf of Forestry and Land Scotland—so the current arrangements will roll forward.

[Lord Foulkes of Cumnock]

Before the Minister concludes, I wonder whether he can help me. I should know the answer to this and apologise if it has been made public and I have missed it. What is happening to the staff in the Forestry Commission building in Corstophine and what is happening to the building itself? As I understand it, it has been the headquarters of the Forestry Commission for the whole of the United Kingdom, run from Corstophine in Edinburgh by some excellent staff. As I said, perhaps I should have known this or asked about it earlier, but I want to make sure that they are being looked after and that something sensible is being done with the building.

[Lord Duncan of Springbank]

The noble Lord speaks of Silvan House. He is absolutely right about the value of the work undertaken by the staff of the Forestry Commission in Scotland, and I understand that this will have no material effect on their well-being or conditions. I do not know about the building itself, but if the noble Lord will permit, I shall write to him once I have an answer, because I am not familiar with the situation there.

Scotland: Transport Policing

Debate between Lord Foulkes of Cumnock and Lord Duncan of Springbank

Tuesday 18th December 2018 Lords Chamber

[Lord Duncan of Springbank]

The Scottish Government will not progress with their initial plans; that is the first thing to emphasise. The important thing, which I stressed the last time I commented on this matter, is: if it ain’t broke, don’t fix it.

[Lord Foulkes of Cumnock (Lab Co-op)]

I thank the Minister for his positive action on this issue since I first raised it in the Grand Committee on the statutory instrument. I am most grateful to him. Does he not agree, however, that out of this debacle something positive could come if it is seen as a model for devolution? British Transport Police and other UK organisations could remain intact operationally but report for all their operations in Scotland to the Scottish Government and the Scottish Parliament. That would be a model for many UK institutions and organisations.

[Lord Duncan of Springbank]

The noble Lord has been dogged in his pursuit of this matter and I am obliged to him for continuing to be so. He is absolutely correct in emphasising again that this could well be a model that could work across a whole range of devolved areas.

Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Debate between Lord Foulkes of Cumnock and Lord Duncan of Springbank

Wednesday 10th January 2018 Lords Chamber

[Lord Duncan of Springbank]

To be clear, in this instance, the Smith commission and the rules that it contained devolved to the Scottish Parliament the right to take this matter forward. The Scottish Parliament has determined how it shall do so. Today’s discussion is about how it has interpreted the clauses. At present, it is anticipated that we must make sure that the ongoing British Transport Police continues to function. I will come to the points raised in a manner that will, I hope, satisfy noble Lords—

[Lord Foulkes of Cumnock]

I want to pick up on what the noble Lord, Lord Forsyth, said, because he has cottoned on to something important. The Minister said, I think, that one of the orders would relate to the transfer of property, which I mentioned. I hope that order will not be laid until such time as any action that he proposes to take as a result of this debate is concluded.

[Lord Duncan of Springbank]

Again, the noble Lord, Lord Foulkes, has anticipated what I will say shortly. Perhaps noble Lords will allow me to make some progress on the broader position.

I emphasise again that whatever reservations noble Lords may have about this approach, we must recognise and respect the agenda of the Scottish Parliament. That is part of the ongoing Smith agreement. However, let me turn to the matter that has most exercised the noble Lords here today—

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[Lord Duncan of Springbank]

The noble Lord, once again, puts his finger on the issue. Our purpose will be to ensure that the answers which come from the board are satisfactory. If they are not satisfactory, then opportunities will be provided for this House and others to move forward in a different way. Oh, I heard someone say, “What does that mean?”, which is a helpful remark. I was trying to be cryptic in one sense. I am basically saying that this is not the end of the story. I hope that we will receive satisfactory answers at the programme board which will allow us the clarity to establish that we are satisfied that policing on our railways is not affected to the point of detriment.

[Lord Foulkes of Cumnock]

I think I understand what the Minister is saying and I agree with him. The Minister or the representative to the programme board is going to go to the board, express the points of view that have been made here—which have come from the unionists, the Conservatives, the Cross Benches, the Liberal Democrats and Labour—and report back to us. If we are not happy about the outcome, then there are two more orders which may or may not be laid and which we may or may not pray or move against. That will give us the opportunity after the programme board to know whether we are happy and whether or not the House and the Minister want to go ahead with those two further orders.

[Lord Duncan of Springbank]

The noble Lord may well say that but I stress again that the important thing is that the salient points raised by noble Lords today are considered in all seriousness by the programme board. I hope there will be an opportunity for that board to respond and to satisfy all the questions raised today. I have noted them down. To put them in context, we need to know that terrorism and security issues are addressed head on—there can be no diminution in these. We must recognise that this involves real police officers and that there can be no impact upon their well-being, their morale or their situation, and that they must be treated with respect throughout this process. We must be cognisant of the no-detriment principle. Where there are costs, we must understand how those costs will be allocated fairly and appropriately. We must also recognise that they should not be unfairly or inappropriately placed elsewhere.

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[Lord Duncan of Springbank]

Yes, I am very happy to do that. We have a note of the questions and I have several responses in handwriting that I cannot quite read. That is one of the reasons I have not been as fluent as I might have been on some of the points. Where noble Lords have not received an adequate response, I will do my utmost to ensure that the answers are conveyed to them.

[Lord Foulkes of Cumnock]

My Lords, first I thank the Minister for his courtesy and sympathy in the run-up to this debate. He has been really helpful. I should also thank my noble friend Lord McAvoy for turning the screw on him on our behalf. My understanding is that he is mindful of the very great strength of feeling on all sides of the House and in every party and that that will be conveyed to the programme board. He is going to report back to us and that report will come before any further orders might be put forward in relation to the British Transport Police. I can assure him that we will remain vigilant and look carefully at what progress, if any, is made by the programme board, although we hope that it will be. We will keep an eye on it and we may return to these issues at a later stage. Meanwhile, in the light of what he has said in his response, I do not wish to press my amendment to the Motion to a vote.

Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Debate between Lord Foulkes of Cumnock and Lord Duncan of Springbank

Wednesday 29th November 2017 Grand Committee

[Lord Duncan of Springbank]

I was hoping that there would be another question to give me a minute or two longer. In the absence of that additional question, I will try to answer the questions that I can. First, I welcome the support from the noble Lord, Lord McAvoy, and other noble Lords and recognise the dissent from the noble Lord, Lord Foulkes. I will come back to that point.

In answer to the question from the noble Lord, Lord McAvoy, about the training and the costs of training, the reserved forces operating in Scotland have been trained through existing budgets. Police Scotland has assisted in this by carrying out training courses for those reserved bodies operating in Scotland. It has also continued supporting partner agencies to adjust to the Act. So there should be no additional costs. However, the noble Lord is quite right to raise the question. We need to make sure that we keep an eye on this. Offering training once and believing that that is all is not enough. We need to make sure this is ongoing training and that it is delivering. It is important that we make sure that we are auditing the outcome and output of the training.

In response to the noble Lord, Lord Bruce, who has asked some serious questions about human rights, noble Lords will recall that the Cadder case originated from a human rights issue. That was the reason why the Government were very keen to move forward.

On stop and search, noble Lords will be aware that this is an operational matter, which limits my ability to comment specifically. However, I note again that where there are issues such as this, they can and should be addressed directly through organisations in Scotland. I note that the noble Lord, Lord Foulkes, welcomed, Susan Deacon, the new chair of the oversight body. I believe that that appointment will be a useful addition to the overall oversight matter. These issues need to be addressed directly through that point. If violations of human rights occur, they can be raised and escalated through the different strata. In the first instance, it would be a matter for the Scottish Government to address.

I will come back in a moment to the more complicated question on the British Transport Police. However, in answer to the first question from the noble Lord, Lord Foulkes, the European arrest warrant is still a subject for negotiation, so we do not yet have clarity on exactly what that will mean. If noble Lords will forgive me, I will postpone answering that question until I have an answer to it. That is probably the sensible thing to do.

The noble Lord has made a passionate point about the British Transport Police. I think not a single person on these Benches does not share his concern about some of the issues which seem to be unfolding, not for the sake of better policing or for better serving the people, but rather for a narrower, more factional agenda. I think we all have a certain degree of unease about that particular aspect. The important thing for me to note at this point is that the Smith commission recommended by consensus that powers over this would be devolved back to the Scottish Parliament and to the Scottish Government. In this instance, the Scottish Government are operating within their competence to do so. I share some of the noble Lord’s unease and I am sure that this will not be the end of the matter.

[Lord Foulkes of Cumnock]

On the Smith commission, with no disrespect to the noble Lord, Lord Smith, for whom I have great respect, or to the other members of the commission, it is possible they did not get everything right. They were rushed. They had to do things very quickly and were under a lot of pressure from the SNP in particular. At the end, John Swinney, having signed up and agreed to the Smith commission, said at the press conference that he did not accept the recommendations —an astonishing situation. If they can do that, we have the right to think again as well.

I may be wrong on procedure, but I think that if we do not agree this today, it goes to the House at a later date. That will give the Minister time to think and to consult. In that case, he might be able to consult not only David Mundell and Ruth Davidson but—can I go higher?—even Theresa May about this, because there is genuine concern. I have expressed it strongly, but it is expressed even more strongly by some leading Conservatives as well as other people in my own party. I hope we can have a pause in this statutory instrument. I do not think it would delay it unduly. It would give the Minister time to go back and say, “Look, I as a Minister faced this furore”. Although they have not got to their feet, all the people round the Committee Room were nodding when I was making this point. The Minister has made the point himself and substantially agreed with me. This would give the Minister time to go back and perhaps find a way to get the matter reconsidered.

[Lord Duncan of Springbank]

I will, I hope, be guided on points of procedure regarding the noble Lord’s exact question. However, I know that whatever we agree here today, the order must then move to the Floor of the House, at which point there will, I imagine, be an opportunity for this point to be made in the Chamber and for a Division to be called on the point.

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[Lord Duncan of Springbank]

That is a very good point indeed. I believe that I will be able to raise this very point both behind the scenes and with my counterparts north of the border, and then it will be discussed more fully in due course.

[Lord Foulkes of Cumnock]

I am grateful for the assurances of the Minister and, even more, of my noble friends, both of whom are part of the usual channels in one way or another. I feel no less strongly about it, but I understand the procedure that should be followed.

[Lord Duncan of Springbank]

I am very happy for that. Again, I will do all I can to take this forward in the manner in which we have discussed over the past few moments.