David Mundell
MP for Dumfriesshire, Clydesdale and Tweeddale · Conservative · United Kingdom
“It is a pleasure to serve under your chairmanship, Dr Allin-Khan. I pay tribute to the hon. Member for Gillingham and Rainham (Naushabah Khan), not just for her thoughtful contribution but for securing this debate. It is so important that we take every opportunity we can to shine a light on this conflict.”
“Member for Oxford East (Anneliese Dodds). I am sure that the new Minister, whom I welcome to her post, will do likewise. Nevertheless, as I said, Sudan remains chronically under-reported.”
“I absolutely agree. I—and the Minister, I am sure—would like the Quad that was established to be more effective in relation to the involvement of the United States and neighbouring countries, with those neighbouring countries playing a positive role rather than supporting the protagonists in the conflict. As the right hon.”
“As UN Security Council penholder, the UK has a distinct moral and diplomatic duty to lead these negotiations at the upcoming UN General Assembly and press relentlessly for a humanitarian truce, a permanent ceasefire, robust civilian protection, civic engagement and unhindered aid access.”
“I recognise that the Minister and her colleagues in the Foreign, Commonwealth and Development Office must navigate delicate regional dynamics, but the Government must not shy away from forcefully challenging the covert actions of some of our Gulf allies in Sudan, both publicly and in private diplomacy.”
“We saw the horrific realities of the crisis just two weeks ago with the totally unacceptable attack on a World Food Programme convoy in Kordofan. Civilian personnel were injured and lifesaving aid was destroyed.”
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“The hon. Gentleman forgets that he and his colleagues moved an amendment to remove the clause re-reserving activities in Antarctica. They were defeated in this House, and the Scottish Government have accepted that the regulation of activities in Antarctica should be re-reserved. I fail to understand the SNP negotiating position, because it appears that the regulation of dental hygienists—important though that is, as the right hon. Member for Stirling said—cannot be re-reserved, yet matters such as the administration of the Crown Estate, corporation tax, excise duties and further broadcasting powers were not red lines for the SNP in its discussions on this Bill.”
“The important implementation work that both Governments need to undertake to ensure that the financial measures operate successfully will now begin in earnest. This amendment will ensure that both Parliaments are kept properly informed of progress on implementation by both the Secretary of State for Scotland and the Scottish Government.”
“The last report is therefore expected to be published in 2020. The Secretary of State will send a copy of his report to Scottish Ministers, who will lay a copy of it before the Scottish Parliament. The proposed new clause also requires Scottish Ministers to lay a report of the same title to the Scottish Parliament on an annual basis and to provide a copy to lay before both Houses of the UK Parliament. This amendment was proposed by the Government during discussions with the Scottish Government. The new provision will ensure that there is a transparent mechanism of reporting to both Parliaments on implementation. Passing the Bill is just one part of the process to ensure that these new powers are delivered and the accountability and responsibility of the Scottish Parliament are increased.”
“This re-reservation—which some Members on the Opposition Benches sought to remove at an earlier stage—is a sensible measure. We have removed provisions from the Bill where we have been given necessary assurances that their effect will be achieved by other means, or where we now take the view that we can sufficiently rely on existing powers. Finally, let me turn to the proposed new clause under Lords amendment 18. Its purpose is to provide information to both Houses in the UK Parliament on the implementation and operation of the financial powers in this Bill. It requires the Secretary of State for Scotland to publish an annual report to both Houses of Parliament within one year of the Scotland Bill becoming an Act and until a year after the tax and borrowing powers are fully transferred to the Scottish Parliament.”
“Will the hon. Gentleman confirm that he also tabled an amendment at an earlier stage to remove the re-reservation of Antarctica and that the re-reservation of Antarctica remains in the Bill?”
“Does the hon. Gentleman recognise that, unlike the Scottish National party, Lord Forsyth achieved extra devolution to Scotland in the Bill? Lord Forsyth introduced amendments that extended the Scottish Parliament’s powers, which were accepted in the House of Lords and will be proposed in this Chamber. The Scottish National party has failed—”
“Perhaps the hon. Gentleman did not hear what I said earlier. The Government reached this position because the Scottish Government gave assurances that they would work with the UK Government to ensure that the regulation of health professionals was the same across the UK. On the basis of those assurances, which I understand still hold good, the UK Government agreed that we would not put that clause in the Bill, hence the amendment. We have acted on the basis of assurances given by the SNP Government. I do not expect that they will renege on those assurances, and I hope the hon. Gentleman is not suggesting they will.”
“With the leave of the House, I shall respond specifically to the points raised by my hon. Friend the Member for Warrington South (David Mowat), because I understood all the other Members who have spoken to be expressing support for the amendments, some more grudgingly than others. I do not wish to question the accuracy of my hon. Friend’s analysis of the debates that have taken place in the House of Lords and the Scottish Parliament, but according to my reading of Bruce Crawford’s contribution to the Scottish debate, he made no reference to the no-detriment principle. He did, however, refer to the Holtham approach. There are two separate issues in play. The Holtham approach is about the adjustment of the block grant.”
“Friend the Member for Warrington South that where decisions taken by any of the devolved Administrations have financial implications for UK Departments, or where UK decisions lead to additional costs for any of the devolved Administrations, the body whose decision leads to the additional cost will meet that cost. Lords amendment 2 agreed to. Clause 10 Continued effect of provisions where legislative competence conferred for limited period”
“The cost or benefit to the UK from decisions taken on the income tax structure is therefore exactly the same as it would have been before this Bill devolved 10p on income tax to Scotland, and the Scottish budget would be no better or worse off. The Office for Budget Responsibility will forecast the impact of UK decisions on the Scottish rate of income tax, and we will take steps to ensure that the Scottish budget is compensated. There is therefore a principle of reciprocity. Where one Administration either gains or loses as a result of decisions taken by the other Administration, across the shared income tax there are measures in place to compensate for that loss or gain. This is simply a matter of common sense. It is based on the principle of accountability, which lies at the heart of the statement of funding policy. I assure my hon.”
“I do not accept that over the past 12 years or so the Scottish Parliament and Government have been deprived of funds. As others have said, no matter how much money is allocated to the current Scottish Government under whatever mechanism, it would never be enough. The no-detriment principle refers to how the financial system will operate after the Scottish rate of income tax comes into force. Under that principle, the UK Government would either compensate the Scottish budget for the costs of their policy change on the devolved tax base through the block grant, or receive funds back if the Scottish budget benefits from the policy change in raised receipts.”
“I accept the hon. Gentleman’s recollection of what Mr Crawford may have said about the Bill on previous occasions, but as I said earlier, I welcomed his constructive approach in his dealings with me, with the Secretary of State and with the UK Government in taking the Bill through the Scottish Parliament by way of a unanimously expressed legislative consent motion. During the debate in that Parliament, Mr Crawford referred to the Holtham approach, which, as I said a moment ago, relates to the adjustment of the block grant and is separate from the no-detriment principle. The Government have accepted that, as in relation to Wales, the Holtham methodology should apply for calculating block grant adjustments. That is the basis on which we will move forward.”
“Lords amendment 4 would ensure that Acts of the Scottish Parliament that have been validly made within the legislative competence that existed at the time do not cease to have effect purely because of changes to the boundaries of competence. Therefore, provisions contained in Acts of the Scottish Parliament will not automatically fall following an alteration of legislative competence, and no gaps in the law will inadvertently be created as a result. Such provisions would cease to have effect only if explicitly provided for in an enactment. I hope the House will agree that Lords amendment 4 is sensible and will strengthen the provision originally contained in clause 10, and that Lords amendments 3 and 4 will be agreed to.”
“Lords amendment 3 would remove clause 10, and Lords amendment 4 would replace it with a new clause making similar, but expanded, provision. Clause 10 makes provision regarding the status of the Acts of the Scottish Parliament after temporary changes to legislative competence following an order under section 30 of the Scotland Act 1998. There is widespread recognition that clarity is required on the status of Acts of the Scottish Parliament in the event that its legislative competence is reduced. The Government introduced these amendments in the other place to provide clarity following comments from the previous Scottish Parliament Scotland Bill Committee and the Law Society of Scotland.”
“Lords amendment 21 would provide a right to appeal a compatibility issue from the High Court, acting as an appeal court, to the Supreme Court. The permission of the High Court or the Supreme Court would be needed for most appeals. An application for permission to appeal would have to be made within specified time limits, which could be extended if the Court considered that equitable. Lords amendment 21 provides that the Supreme Court would only be able to determine a compatibility issue and would then have to remit the case back to the High Court. The High Court would then decide what steps needed to be taken in the light of the Supreme Court’s decision. For example, the Supreme Court would not be able to decide to overturn an accused’s conviction; that would be for the High Court to decide.”
“That would mean that acts or failures to act by the Lord Advocate in prosecuting any offence, or as head of the system of criminal prosecutions and investigations into death in Scotland, would not be ultra vires should those acts be incompatible with the European convention on human rights or EU law. However, it will still be possible for acts of the Lord Advocate to be unlawful under section 6(1) of the Human Rights Act 1998 if the Lord Advocate acts in a way that is incompatible with the convention. Lords amendments 19 to 21 provide for a new route of appeal to the Supreme Court for compatibility issues—questions raised in criminal proceedings about convention and EU law issues. Those issues would no longer be able to be raised as devolution issues.”
“The amendments also took account of the views of the review group led by the noble and learned Lord McCluskey. On Report in the other place, he commented on the Government’s amendments. The end result of that process is something that even I could agree to about 98% of—which for anyone, never mind a lawyer, is a pretty good outcome, given where the debate started. In addition, the amendments tabled by the Government reflected the agreement that was reached with the Scottish Government to ensure that the legislative consent motion in support of the Bill was passed in the Scottish Parliament. Lords amendments 9 and 19 to 22 replace clause 17 and make further provision about Scottish criminal proceedings. Subsection (2) of the new clause inserted by Lords amendment 21 would make the same provision as provided for by clause 17(2).”
“There has been much debate about the role of the Lord Advocate and the Supreme Court in Scottish criminal proceedings. That debate has come a long way, and there is now agreement that the Supreme Court should have a role in relation to the European convention on human rights and EU law issues arising in Scottish criminal appeals. The amendments tabled by the Government in the Lords took account of the many views expressed on these issues, including those of the expert group set up by the Advocate-General for Scotland. It would be appropriate at this point to remark on the passing of Paul McBride QC, who served on the expert group. Paul McBride was a well respected lawyer in Scotland and a highly regarded member of civic Scotland, and he is greatly missed by all who knew him and by the wider legal community.”
“On this occasion, I am able to welcome the hon. Gentleman’s welcome. The provisions in the Bill, if these amendments are approved, will mean exactly that: the Supreme Court will not be able to substitute its own judgment for that of the High Court.”
“I absolutely agree with my right hon. and learned Friend. The remarks made by the First Minister about members of the Supreme Court were beneath him; they demeaned his office and were wholly inappropriate.”
“I am happy to make it clear to the hon. Gentleman that views expressed by the First Minister about the Supreme Court played no part in these amendments or the completion of the Scotland Bill. Indeed, in dialogue involving the Scottish Government and Lord Advocate a much more moderate and sensible tone was adopted in relation to these matters, hence the ability to agree on what I would regard as a sensible and fair set of provisions that deal with the matters at hand.”
“It will be wide ranging and will look at all aspects of the provisions and consider whether changes should be made. The UK Government and the Scottish Government have agreed that the review will be chaired by the Lord Justice General. Lords amendments 24 and 25 make consequential amendments to clause 41.”
“It is important that there is finality and certainty, especially for victims, in relation to criminal proceedings. Lords amendment 22 would impose time limits for seeking permission to appeal devolution issues from the High Court to the Supreme Court for devolution issues raised in Scottish criminal proceedings. The time limits are the same as those that will apply to compatibility issues. Lords amendment 23 makes provision for a review to be arranged by the Secretary of State of the new compatibility issue procedure and of the introduction of time limits for certain devolution issue appeals. The review is to be carried out as soon as practicable after the provisions have been in force for three years. The review may be carried out earlier if that is considered appropriate.”
“I thank my right hon. and learned Friend for his comments. The proposals that form part of these amendments were part of the legislative consent motion that went before the Scottish Parliament and received unanimous support of that Parliament. Indeed, they were not opposed or spoken against by any Member of the Scottish National party, including the First Minister. Lords amendment 20 would provide powers for compatibility issues to be referred to the High Court and the Supreme Court. That will enable such issues to be dealt with more quickly, where appropriate, which will be useful when a compatibility issue has implications for other cases. There are currently no time limits for appealing devolution issues in criminal proceedings to the Supreme Court.”
“Clause 25 allowed the Scottish Ministers to determine the national speed limit on roads in Scotland and to make regulations to specify traffic signs to indicate that limit. Clause 25 limited these powers to cars, motorcycles and vans under 3.5 tonnes. We listened carefully to the arguments presented by noble Lords, together with the case made by the Scottish Parliament and Scottish Government for the Bill to provide for the devolution of powers to set different speed limits for different classes of vehicles—for example, cars towing caravans or goods vehicles. Lords amendments 12 to 16 would give the Scottish Ministers the power to make regulations regulating the speed of all classes of vehicle on roads in Scotland.”
“As the hon. Gentleman knows, in the devolution of powers such as speed limits, which are devolved in the clauses to which the amendments relate, it is entirely a matter for the Scottish Parliament and Scottish Government to determine how they use those powers and whether they apply them to themselves as they would to others.”
“I am responsible for many things, but I am not responsible for the Scottish Government acting in a sensible manner. We are seeking to devolve these powers, which apply not just to the setting of limits, but to the signage. I am a Member of Parliament for a border constituency, as is the Secretary of State. We want to ensure that appropriate measures are in place so that people know what the law is on both sides of the border. As my hon. Friend pointed out on Second Reading, there are numerous legal differences between Scotland and England, which our respective constituents have managed to cope with over many years, not least the licensing laws.”
“We think that that is a sensible addition to the Bill and, as right hon. and hon. Members might know, it was promoted in the House of Lords by my noble Friend Lord Forsyth, no less.”
“I do not disagree with the hon. Gentleman. I took part in a radio programme with a member of the Scottish National party to debate the currency, and her principal argument was not over which currency Scotland should have, but about the fact that she should have the right to choose which currency; she suggested the Chinese renminbi, but I did not think that that would go down too well with the Politburo. Lords amendments 12 to 16 would give Scottish Ministers the power to make regulations regulating the speed of all classes of vehicle on roads in Scotland and some consequential amendments. Together with the existing provisions in clause 25, that would enable them to set a national speed limit that is different for different classes of vehicle and the power to make regulations to specify traffic signs that indicate that limit.”
“It will obviously be for the Scottish Government to advise on changes to signage, among other things, that they make. Changes that are specific to Scotland can be included in the Highway Code, and we currently have differential traffic regulations in different parts of the United Kingdom. I am sure that the hon. Gentleman, like me, will have constituents who have fallen foul of the congestion charge that applies in London but nowhere else in the United Kingdom. There are differential traffic regulations in place at the moment, and these are well advertised.”
“I share the hon. Gentlemen’s concerns about traffic speeds in our part of Scotland, Dumfries and Galloway, particularly on the A75. I hope that these powers will allow the Scottish Government for once to focus on Dumfries and Galloway and address such issues. They will have the powers and it will be for them to make the decisions. I commend my noble Friend Lord Forsyth for achieving this significant amendment to the Bill. It is the only amendment made during the passage of the Bill that will ensure that the powers of the Scottish Parliament are increased, and I do not think that the irony of that was lost on him.”
“Before the debate becomes any more raucous, I should recognise that this is possibly my final opportunity to speak to the Bill, so I should like to use it principally to thank the officials in the Scotland Office who have worked so hard to deliver it. We are often the subject of scrutiny, but we are a very small Department and we, along with the Treasury and, indeed, Scottish officials, have worked to deliver this major piece of constitutional legislation. I thank all those who have participated in that process. As I said at the very start of our proceedings, I participated at the beginning of the process that led to the Bill, and I am very proud to be here at the end.”
“The Government are aware of the concerns that have been expressed about the current system of devolution funding, whereby changes to the block grant are calculated according to the Barnett formula. Owing to the unprecedented deficit that we inherited, our immediate priority is to reduce the deficit, and we have no plans to change the present arrangements before the public finances have been stabilised.”
“I believe that we need to move on from the discussion of issues of process relating to the referendum, and engage in a substantive debate on the issues that would affect Scotland if it became independent. Having, it would appear, campaigned relentlessly for independence, the SNP now seems to want to delay the question and the issues for as long as possible.”
“The funding formula for Scotland is calculated on the basis of a basket of taxes raised by the United Kingdom Government. Scots would be much worse off if fuel duty were 10p higher, as it would have been if Labour were in power.”
“I agree absolutely with my hon. Friend’s sentiments, but as he and many other Members are aware, this Government inherited the worst deficit in peacetime history from the Labour Government, and stabilising our nation’s finances must be the focus of their efforts.”
“I agree that the Scotland Bill represents a radical, historic and significant change to Scotland’s financing. More than a third of spending by the Scottish Parliament will result from funding from taxes that it determines and raises. That is a major step forward in terms of devolution and accountability, and should be welcomed by all Members.”
“It will not surprise the hon. Gentleman that I do not accept his analysis. He and others who scaremonger on this issue fail to point out that more than half of those in Scotland aged over 65 will not pay any tax at all.”
“I know that the hon. Gentleman was not a Member of this Parliament for most of the 13 years of the last Labour Government, but most of his colleagues from Scotland were, and I did not hear them calling at that time for an increase in the higher rate of income tax. He is wrong to say that there will be losers in relation to the age-related allowances; there will be no cash losers.”
“I acknowledge that the hon. Lady is well known for speaking up both for the low-paid and for those on the minimum wage. That is why I would have thought that she would have welcomed the fact that the Government are raising the personal allowance to £10,000 during this course of this Parliament. [Interruption.]”
“What the hon. Gentleman and his colleagues fail to acknowledge is that this Government have delivered the largest pension rise in the last 30 years, whereas the last Government, which his party led, introduced a pension rise of 75p, so we are not going to take any lectures from Labour on the treatment of pensioners in Scotland.”
“What I think is fair is that half of pensioners over 65 in Scotland will not pay any tax at all; that those earning less than £10,000 will, by the end of this Parliament, be subject to a personal allowance of £10,000; and that this Government have delivered the largest increase in the pension—£270 compared with the 75p offered by the previous Government.”
“I am afraid that I am not going to accept any lectures on economics from the hon. Lady. She is offering pensioners in Scotland the prospect of breaking up the United Kingdom, with no certainty as to where pension funding would come from.”
“The Secretary of State chaired the first ever annual summit in Scotland on fuel poverty, bringing together the heads of the big six energy companies and Scottish consumer groups. That led to suppliers providing information to improve the application of key policies in Scotland, such as the warm home discount scheme. I am convening a follow-up meeting soon to review progress.”
“I represent a large rural constituency in the Scottish borders, so I certainly share my hon. Friend’s concerns, although I understand that in his constituency there are some innovative initiatives whereby communities are coming together to purchase heating oil and are therefore able to negotiate better prices with suppliers.”
“On behalf of the UK Government, I wish Livingston all the best for its second half century. Question put and agreed to.”
“I know that Livingston is planning to mark its golden anniversary with style. The hon. Gentleman’s debate will be a significant part of that celebration. As well as a new logo designed by schoolchildren and new trees, plenty of events, exhibitions and activities are planned around the anniversary on 17 April. It is great to see that this anniversary will be marked with specials events, with arts, music and dance the centrepieces of the celebrations next month. As Livingston reaches its golden jubilee, it can reflect on a successful past. Officially, it has not been a new town for 15 years. It has matured into an established feature of the Scottish landscape. I hope that it can look forward to a great future as a significant centre at the forefront of the Scottish and UK economies.”
“It is equipped with a modern and diverse economy, including some of the most innovative businesses in Scotland. I would like to highlight the superb example of Cyberhawk Innovations, a Livingston company that has developed unmanned helicopters that allow engineers to inspect the inner workings of tall and inaccessible structures such as oil installations. Founded less than four years ago, it is now expanding and exporting overseas. It is a marvellous illustration of commercialisation from Scottish engineering excellence and inventiveness. Similarly, there is Touch Bionics, a spin-out from the NHS and a world-class leader in the design and manufacture of prosthetic limbs. That is why it is showcased in the UK Government GREAT campaign to promote investment in the UK during this diamond jubilee and Olympic year.”
“The civic centre, West Lothian college of further education and St John’s hospital illustrate the town’s importance for public administration, education and health care. We must today wrestle with the challenge of giving a new life to a mature new town. Livingston faces the same employment challenges that confront similar communities throughout Scotland, the UK and the western world, although as the hon. Gentleman will know, the jobseeker’s allowance claimant rate is below the national average. In a fiercely competitive global marketplace, Livingston is blessed with real advantages as it seeks to secure new investment and jobs. The town’s location, transport links and highly skilled work force are beacons for business. Livingston is still at the cutting edge of Scotland’s future.”
“In the 1990s, Livingston was an important hub in Scotland’s silicon glen. While some companies such as Motorola and NEC have come and gone, an abundance of new businesses have arrived in their place. As well as multinational companies maintaining factories in the town, BSkyB’s main call centre is the largest private sector employer in West Lothian. Livingston is equipped with a modern and diverse economy. Retail and business services co-exist alongside modern manufacturing. Livingston attracts people from across central Scotland to shop, with an array of established names operating out of state-of-the-art shopping centres, which the hon. Gentleman described in detail. Livingston is also a centre for significant public sector employment.”