Devolved Authorities: Expenditure outwith Competences

Lord Singh of Wimbledon Excerpts

Monday 5th February 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

The noble and learned Lord makes an interesting and important point. I understand that any directions of that kind from a Minister would have to be published, and I am not aware of any such directions having been made in relation to the issues that the noble and learned Lord describes. The Government recognise the strength of the arguments and, as I said, are in the process of considering how guidance might support civil servants working in the devolved Administrations on areas that might relate to reserved matters.

[Lord Singh of Wimbledon (CB)]

My Lords, this request to put competence at the heart of decision-making is a dangerous, underhand way of trying to prevent policies being made on impetus and conjecture, which could really change government. For example, it would have prevented a recent decision by the Secretary of State in the Ministry of Justice to describe an investigation into discrimination in the Prison Service, in which none of the complainants was interviewed and no documentation was looked at, as a very thorough, competent investigation.

[Baroness Neville-Rolfe (Con)]

I am not sure what sort of competence the noble Lord is talking about. Devolved competence is, of course, clearly set out in various bits of legislation. I note what he says about the investigation, which I was not aware of.