Scotland Bill

Thérèse Coffey Excerpts

Monday 15th June 2015 Commons Chamber

[The Deputy Leader of the House of Commons (Dr Thérèse Coffey)]

I thank the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the right hon. Member for Orkney and Shetland (Mr Carmichael) for their contributions. A number of significant points have been raised and, in responding to them, I will set out the Government’s approach.

I will start by speaking to a number of minor and technical Government amendments. Government amendments 108 to 110 will give Scottish Ministers the power to modify additional sections of the Scotland Act 1998 within their devolved competence and will clarify the extent to which those and other sections can be modified.

Amendment 108 will allow the Scottish Parliament to modify subsections (1) and (3) to (5) of section 112 of the 1998 Act to the extent that they apply to any power exercisable within devolved competence to make subordinate legislation. Amendment 109 will ensure that the Scottish Parliament can modify subsections (1) and (3) to (5) of section 112, section 113, section 115 and schedule 7 to the 1998 Act so far as those provisions apply to making subordinate legislation, including Orders in Council made by Her Majesty in areas of devolved competence. Amendment 110 will give the Scottish Parliament the power to modify section 124 of the 1998 Act, in so far as it applies to making subordinate legislation in areas of devolved competence. Those amendments will ensure that the Scottish Parliament can modify how the relevant sections apply to subordinate legislation made by Scottish Ministers and to Orders in Council made by Her Majesty that fall within devolved competence.

Amendments 62 to 66 and amendments 21 and 22 seek to amend clause 10, which fulfils the Smith commission agreement to require certain types of electoral legislation to be passed by a two-thirds majority of the Scottish Parliament. I thank the hon. and learned Lady and the right hon. Gentleman for those amendments. The Government believe that our approach to clause 10 delivers on paragraph 27 of the Smith commission agreement, which identified that there are certain types of electoral legislation on which a broad consensus is important. The commission agreed that such a procedure should apply to legislation that changes the franchise, the electoral system or the number of constituencies and regional Members of the Scottish Parliament.

Although the Government will reflect on the points that were made, we do not support those amendments, because we believe that at least two thirds of the Members of the Scottish Parliament should vote in favour of legislation that comes under clause 10 at the final stage. We recognise that that means there will have to be a vote, rather than a Bill passed by consensus, but we believe that the clause implements the intention behind the Smith commission agreement. As the Smith commission recognised, the super-majority requirement is an important safeguard of legislative powers. It is for this reason that I urge hon. Members not to press the amendments.

Amendments 21 and 22, in the name of the right hon. Gentleman, go beyond the Smith commission agreement, which did not propose that legislation relating to the term length of the Scottish Parliament, or the date of any Scottish Parliament ordinary general election, should be subject to that two thirds majority; neither did the agreement state that the Bills concerning the alteration of boundaries of constituencies, regions or any other equivalent electoral area for the Scottish Parliament should be covered by this requirement. For that reason, I ask the right hon. Gentleman not to press his amendments.

[Mr Alistair Carmichael]

In principle, why would the parliamentary term length be different from the other functions the Minister listed?

[Dr Coffey]

To be clear, that is what was agreed in the Smith commission. The right hon. Gentleman’s party agreed to it and we are not planning to go beyond the Smith commission on this particular arrangement.

[Ian Murray]

I did not want the moment to pass without congratulating the hon. Lady on her first time at the Dispatch Box and saying that we are delighted to see her.

[Dr Coffey]

Well, that is very sweet. The hon. Gentleman and I, in our very first summer here together as Members of Parliament, had the joy of going to the United States of America to participate in the British-American parliamentary group. We have been firm friends since. [Hon. Members: “Ooh!”] Exactly—what goes on in Vegas, stays in Vegas.

Clause 10 implements paragraph 27 of the Smith commission agreement, which identified that it is important to have an adequate check on certain types of Scottish Parliament electoral legislation. The Smith commission recommended that UK legislation should provide that such legislation is passed by a two-thirds majority of the Scottish Parliament. The Government agree that this provides an important safeguard. It is possible, of course, that there may be discussions on whether a particular Bill is in fact this type of legislation.

Clause 10 also allows the Advocate General, the Lord Advocate or the Attorney General to refer to the Supreme Court the question of whether a certain piece of legislation requires a two-thirds majority of the Scottish Parliament. The Supreme Court already provides a similar role on whether a particular matter is within the legislative competence of the Scottish Parliament, so I will move that clause 10 stand part of the Bill.

Amendments 67 to 88 concern clause 11, which delivers on the Smith commission recommendation to give the Scottish Parliament greater powers in relation to the arrangements and operation of the Scottish Parliament and the Scottish Government. It does this by enabling the Scottish Parliament to modify relevant sections of the Scotland Act 1998. I am sure that the Secretary of State will wish to reflect on this to ensure that the agreed powers work correctly, but the Government are clear that the substantial new powers devolved under clause 11 are the right ones.

A number of the amendments to clause 11 would allow further modification of the 1998 Act beyond the scope of the transfer of powers envisaged by the Smith commission. The Bill already transfers substantial powers to modify the Act, consistent with the commission, and the Government do not believe it is right to go beyond that.

The hon. and learned Member for Edinburgh South West referred in particular to amendment 67. Indeed, the right hon. Member for Orkney and Shetland said that this matter should be consistent across the UK, reinforcing that this is a reserved for the UK Parliament and not a devolved matter. The hon. and learned Lady said that the UK Government had not been clear on some aspects of this matter. I believe that the Prime Minister has been clear at this Dispatch Box. Amendment 67 would amend the Bill such that paragraph 1 of schedule 4 to the 1998 Act would be modified to remove the Human Rights Act 1998 from the list of legislation the Scottish Parliament cannot modify, otherwise known as the “protected enactments”.

The Committee will be aware that the Government outlined their proposal to reform and modernise our human rights framework by replacing the Human Rights Act with a Bill of Rights. That was reinforced today by my right hon. Friend the Prime Minister at the celebration of the 800th anniversary of Magna Carta. Of course, we are aware of the possible devolution implications of reform and we can engage with the devolved Administrations as we develop the proposals. As the Secretary of State said, the Sewel convention, as intended by Lord Sewel, has been placed in the Bill, but this Parliament remains sovereign. The Government are certainly committed to human rights and, as I indicated earlier, we will consider the devolution implications.

[Pete Wishart]

That is just not good enough. These are fundamental and profound issues for the Scottish Parliament. We are dependent on the Human Rights Act for the competence of the Parliament. Will the Minister vow to go forward, make sure this is looked at properly, and come back with a more suitable and substantial response?

--- Later in debate ---

[Dr Coffey]

The hon. Gentleman is right that these are important matters, and I can assure him that my right hon. Friend the Secretary of State is engaging with the devolved Administration as we develop the proposals. It has to be said, however, that the amendment is squarely outwith the Smith commission agreement, which contained no proposals in this respect. The hon. and learned Member for Edinburgh South West herself said it was not directly a matter for the Scottish Parliament.

Clause 11 contains important provisions that transfer substantial new powers to ensure that the Scottish Parliament has a greater role and greater powers to make decisions about the operation and administration of itself and the Scottish Government. By doing so, the clause delivers a critical element of the Smith commission package. Among other matters, the clause transfers greater powers to the Scottish Parliament over its membership and proceedings and over the composition and powers of the Scottish Government. I hope that the Committee will agree to the clause.

[Joanna Cherry]

We are also grateful to see the hon. Lady in her place, and she is always welcome to make a contribution to Scottish debates, but I regret that her contribution today does not give us the comfort we seek on the protection of human rights in Scotland. We do not wish to press our amendment to a vote tonight, but we reserve the right to return to these matters later in the Bill’s proceedings. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 10 ordered to stand part of the Bill.

Clause 11

Scope to modify the Scotland Act 1998

Amendments made: 108, page 13, line 32, before “section” insert

“section 112(1) and (3) to (5),”.

This amendment would allow the Scottish Parliament to modify subsections (1) and (3) to (5) of section 112 of the Scotland Act 1998 to the extent that those subsections apply to any power exercisable within devolved competence to make subordinate legislation.

Amendment 109, page 13, line 34, leave out from “power” to end of line 36 and insert

“exercisable within devolved competence to make subordinate legislation),”.

This amendment would allow the Scottish Parliament to modify the sections of the Scotland Act 1998 to be listed at sub-paragraph 4(2)(e)(i) of Schedule 4 so far as those sections apply to any powers exercisable within devolved competence to make subordinate legislation (including Orders in Council).

Amendment 110, page 13, line 37, at end insert

“, and

(iii) section 124 (so far as that section applies to any power exercisable within devolved competence to make subordinate legislation),”—(Stephen Barclay.)

This amendment would allow the Scottish Parliament to modify section 124 of the Scotland Act 1998 to the extent that the section applies to any power exercisable within devolved competence to make subordinate legislation.

Amendment proposed: 89, page 13, line 42, at end insert—

‘(2A) In paragraph 4 of Schedule 4 (protection of Scotland Act 1998 from modification), insert new sub-paragraph—

“(5A) This paragraph does not apply to amendments to Schedule 5, Part II, Head A, Section A1 insofar as they relate to:

(a) taxes and excise in Scotland,

(b) government borrowing and lending in Scotland, and

(c) control over public expenditure in Scotland.” —(Joanna Cherry.)

This amendment would enable the Scottish Parliament to amend the Scotland Act 1998 to remove the reservation on taxation, borrowing and public expenditure in Scotland, with the effect that the Scottish Parliament could then legislate in these areas to provide for full fiscal autonomy in Scotland.

Question put, That the amendment be made.

Oral Answers to Questions

Thérèse Coffey Excerpts

Wednesday 19th March 2014 Commons Chamber

[David Mundell]

I do not accept the claim that this Government are responsible for child poverty. I agree with the hon. Gentleman’s Dumfries and Galloway council colleague, Marion McCutcheon, who said that the only solution to child poverty is work. That is what this Government are delivering, with 15,000 more people in employment over the past quarter.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

4. What assessment he has made of the financial benefits for Scotland of being part of the UK.

[The Secretary of State for Scotland (Mr Alistair Carmichael)]

As part of the United Kingdom, Scotland’s economy is doing well. We benefit from being part of the large, integrated UK domestic market.

[Dr Coffey]

I thank my right hon. Friend for that answer. He illustrates very clearly the benefits of Scotland staying in the United Kingdom, which will be good for everybody in this country. Having already mentioned the private sector recovery and jobs, does he agree that the Barnett formula provides a generous amount of public sector funding?

[Mr Carmichael]

Indeed. The Barnett formula has been part of Scotland’s political landscape for almost 40 years and delivers a good level of public spending for people in Scotland—in the region of £1,000 per head each year over the figure for the rest of the United Kingdom. That reflects Scotland’s distinctive needs. That is why it is here to stay.

Oral Answers to Questions

Thérèse Coffey Excerpts

Wednesday 18th December 2013 Commons Chamber

[The Prime Minister]

I do not accept what the right hon. Gentleman says at all. There is nothing more compassionate than getting more people into work. The best route out of poverty is work and what we can see for the first time in our country is 30 million people in work. I enjoy debating and listening carefully to our Archbishops. I have to say that I do not agree with what the Archbishop of Westminster said about immigration, but I think we should be frank and open about these debates and not be concerned when we do have disagreements.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Q4. Thank you for calling me, Mr Speaker, and a merry Christmas to you and your family. The people of Suffolk have enjoyed a cracker of a Christmas present with the excellent news on the A14, which will encourage greater investment and growth. In that spirit, does my right hon. Friend agree that calls to abandon the Government’s long-term economic plan and adopt the Opposition’s plan to borrow and spend more will raise taxes and mortgage rates for hard-working people in this country?

[The Prime Minister]

First, I congratulate my hon. Friend on her ingenious way of ensuring that she is called regularly in debates and questions in this House, an example that I am sure others will follow. On that note, a very happy Christmas to you and your wife and children, Mr Speaker.

My hon. Friend has been very clear in her campaign against the toll on the A14, and I am glad that we have settled that issue. She is right to say that the biggest threat to our economy now would be to abandon our plan. We are getting the deficit down; we are keeping interest rates down; we are cutting people’s taxes; and we are seeing the country get back to work. The biggest risk is more borrowing, more spending, more taxes—all the things that got us into this mess in the first place.

Oral Answers to Questions

Thérèse Coffey Excerpts

Wednesday 11th January 2012 Commons Chamber

[The Prime Minister]

For a minute, I thought that the right hon. Gentleman was talking about the Prime Minister he served under. It is essential that as we reduce the deficit and take difficult decisions we are fair, and are seen to be fair. What we have done so far has seen the top 10% of the country paying 10 times more than the bottom 10%. Crucially, the top 10% in terms of earnings are paying more not only in cash terms, but as a percentage of their income. As we go ahead with this agenda, I want to ensure that people behave responsibly, and that the Government do too.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Q7. I am sure that you, Mr Speaker, and the Prime Minister will want to congratulate Mr Tony Whatling, who has served as postmaster in Westhall for more than 60 years and has still not retired. However, residents in Wangford and Walberswick are being let down because there is no post office outreach provision. Will the Prime Minister encourage the Post Office to use its generous subsidy to ensure that rural villages are served, not left stranded?

[The Prime Minister]

I certainly join my hon. Friend in paying tribute to Mr Whatling. To run a village store and post office for 60 years is a huge achievement. It is people like him who keep our country going. The Government have committed £1.3 billion to improve the network. As a condition of that funding, the Post Office must maintain at least 11,500 branches, but the point that my hon. Friend makes about mobile post offices is a good one. That is a way to serve many communities and to ensure that elderly and vulnerable people in particular get the services that they need.

Oral Answers to Questions

Thérèse Coffey Excerpts

Wednesday 4th May 2011 Commons Chamber

[The Prime Minister]

What the Government are doing is getting control of Government borrowing—that was the real crisis at the last election. It is an important point to make, particularly on a day when we read about Portugal going for an enormous bail-out. It is worth reminding ourselves that today we have a bigger budget deficit than Portugal. The reason we are not in Portugal’s position is that we took action in two brave Budgets and a spending round to clear up the mess left by the right hon. Gentleman’s hon. Friends.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

I am sure, Mr Speaker, that you and the Prime Minister have enjoyed the good weather, especially last Friday, the day of the royal wedding, and perhaps visited tourist hot spots such as Southwold and Aldeburgh. Just down the road from those hot spots, farmers might be about to suffer a drought, and are genuinely concerned about the lack of rain, as their ability to abstract water may be limited. Will the Prime Minister meet me to discuss those genuine concerns about restricting water for our farmers?

Oral Answers to Questions

Thérèse Coffey Excerpts

Wednesday 9th March 2011 Commons Chamber

[The Prime Minister]

The usual pre-scripted questions that he dreamt up earlier. The question is: has he got a reform plan for the NHS? [Hon. Members: “No!”] Has he got a police reform plan? [Hon. Members: “No!”] Has he got a plan to cut the deficit? [Hon. Members: “No!”] It is no wonder that the former Foreign Secretary has just said that

“the…Left is losing elections on an unprecedented scale because it has lost control of the political agenda…it is also losing key arguments”—

and it has a

“deficit in ideas”.

That is what he said, and he is absolutely right.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Will my right hon. Friend join me in congratulating the people of Suffolk, who, in less than a year, have raised more than £3 million to build a new children’s hospice through the Treehouse appeal? This is an example of the community coming together to support a local project that will really make a difference. It is also supported by BBC Suffolk, the Evening Star and the East Anglian Daily Times.

[The Prime Minister]

My hon. Friend is absolutely right. I know that Members right across the House back the hospice movement, with its hospices for adults and for children. The Government have put extra money into hospices, but that is a great example of the big society, where people come together and make sure that there is real provision to look after those who need it most.