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 knows better than most that the Government were required to take over the east coast main line as a measure of last resort. Within the framework of the rail industry, there have to be measures of last resort. It is not a measure that the Government wish to promote. As I have said, we wish to promote a national rail network that is publicly specified, funded in the public interest and provided by the private sector. As I have also said, if it is the intention that a not-for-dividend company should operate, there is nothing to stop that in the present arrangements.”
“However, I believe that it would have benefited from the thorough scrutiny of the Scotland Bill Committee in the Scottish Parliament and from discussion in the Scottish Affairs Committee.”
“The hon. Gentleman is seeking to give a different definition. I am specifying a not-for-dividend organisation. If he wants to go beyond that and into the realms of opening up the powers for the Scottish Government to renationalise the railways in Scotland, he should promote that point in a different debate, and not by tabling a new clause to this Bill. If he genuinely believes that the railways in Scotland should be renationalised, he should make that argument in the appropriate place. The hon. Members for Dunfermline and West Fife and for Rutherglen and Hamilton West said that this was a minor matter that was being brought forward at this stage because it had simply been overlooked.”
“The hon. Gentleman, as always, offers wise words. I thought that he was going to refer to the debate in this House on 31 March 1998, although he was not then a Member, in which rail powers were debated in the context of the original Scotland Bill. The hon. Member for Central Ayrshire was prominent in that debate, as he was in our earlier discussion on voting systems.”
“I have set out why the Government cannot accept the new clause. The Government believe that the devolved powers, which are significant, are best exercised within a coherent GB structure, as provided under the Railways Acts of 1993 and 2005. We believe that it is essential that the overall regime for the provision of rail passenger services and their regulation remains a reserved matter. It would not be sensible to run the railway in such a way that the Scottish Parliament could overturn the framework that governs the operation of passenger services on a GB basis. Our policy is to maintain a unified national rail network that is subject to appropriate oversight by Scottish Ministers. I believe that the current system achieves that. I therefore ask the hon. Member for Dunfermline and West Fife to withdraw the new clause.”
“We greatly welcome the inquiry that the Scottish Affairs Committee has said that it will carry out into the operation of the Crown Estate in Scotland. That will present an opportunity for the hon. Member for Argyll and Bute and others who have strong views about the Crown Estate to set them out, and the Government will look closely at the outcome of that inquiry. What we will not do is respond favourably to dogma and to a view that the Crown Estate should simply be devolved for the sake of doing so. Although I have no hope that the hon. Member for Na h-Eileanan an Iar will do so, I ask him to withdraw the motion for his new clause.”
“However, although there are positive aspects to the development of the Crown Estate, the Government recognise that a number of issues have been raised during the progress of the Scotland Bill and following the Calman deliberations, which is why we look in particular to the Scottish Parliament LCM Committee report, which stated that it had identified a number of radical options for the future development of the Crown Estate but that time was needed to consider them. We agree with the Committee when it says that it noted with some interest that the Scottish Affairs Committee in the House of Commons will review the work of the Crown Estate commissioners in Scotland, and that that was an important development. The Secretary of State for Scotland’s positive attitude to this initiative was also noted. That sums up the Government’s position.”
“Member for Na h-Eileanan an Iar was therefore misleading. Although I take on board the points that the hon. Member for Argyll and Bute (Mr Reid) made about the operation of the Crown Estate, and acknowledge that he is a doughty campaigner for change to the estate, I am afraid that I do not recognise the characterisation of the hon. Member for Na h-Eileanan an Iar. As he knows, the Secretary of State has sought to engage with the Crown Estate, and the estate has moved forward in a number of positive ways, such as through the production of its annual report, and the meetings it has with Scottish Ministers, MSPs, Scottish local authorities and many interest groups.”
“Instead of making a coherent case, he simply said that the Crown Estate should be devolved to Scotland because everything should be devolved to Scotland. Those of us who have been present in the Chamber throughout the deliberations on this Bill noted yet again the strong divergence between what we have come to know as London SNP and Edinburgh SNP. Although the hon. Gentleman launched an attack on the Crown Estate, none other than Jim Mather, SNP Energy Minister in Scotland, has said that the Scottish Government “greatly value the strong working relationship with the Crown estate commissioners as it helps us all to ensure that Scotland leads the UK in giving wave and tidal energy developers opportunities to harness the power of our seas.” The characterisation of the Crown Estate by the hon.”
“I welcome the contribution of my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), because I am afraid that our debates on matters Scottish tend to become somewhat homogenous, and it is good to have a different perspective on our deliberations. It was also good to hear again about the threat of the hot breath of rapacious socialism and the harm that it can do in Scotland, because we need to hear that. As we near the forthcoming Scottish Parliament elections, I will urge my colleagues to do their best to repel that threat. My hon. Friend’s contribution was in marked contrast to that of the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who again sped through his speech, which was simply a recounting of the usual dogma.”
“Importantly, it could put Scotland at an economic disadvantage. It could certainly disadvantage my constituents, and those of the hon. Member for Dumfries and Galloway and the Secretary of State for Scotland, which should not be countenanced. The new clause would be detrimental to the Union between the people of Scotland and those of the rest of the UK, which is clearly why it was tabled. It runs contrary to the spirit and effect of the Bill and the views of the Calman commission, which put at the heart of its work the retention of the United Kingdom. Anyone who has a commitment to retaining the UK should oppose the new clause.”
“Member for Glasgow South West pointed out, that would give the Scottish Parliament the capacity to make a change just for the sake of being different. The contribution to the debate that I thought was most illustrative was the one from Northern Ireland, from the hon. Member for East Antrim (Sammy Wilson). He indicated that although the power in question was available there, nobody would wish to use it. That brings us back to the dogma of the SNP in making proposals, as I have said before, either because it sees them as a way of breaking up the UK or simply for the sake of having power. If Scotland were to have a different time zone from the rest of the home nations, daily transactions between Scotland and the rest of the British Isles would take on an unwanted added complexity.”
“On Second Reading of the Bill introduced by my hon. Friend the Member for Castle Point (Rebecca Harris), the Under-Secretary of State for Business, Innovation and Skills, my hon. Friend the Member for Kingston and Surbiton (Mr Davey), made clear the Government’s opposition to the Bill. Additionally, as the hon. Member for the Western Isles will be aware, at the time of the publication of the UK Government’s tourism strategy on 4 March, the Under-Secretary of State for Culture, Olympics, Media and Sport, my hon. Friend the Member for Weston-super-Mare (John Penrose), reiterated the Government’s commitment that no change to current policy would happen without the approval of the whole UK. Were the new clause to be accepted, Scotland would have the power to determine its own time zone. As the hon.”
“As has been said in the debate, having two separate time zones in the UK is one way in which it would seek to do so. I think it was the hon. Member for Edinburgh North and Leith (Mark Lazarowicz) who pointed out the contradiction in the position of the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who has spoken passionately against any proposal to change the time, but who has now tabled a new clause that makes the change that he says he opposes much more likely. From the outset, this Government have said that they would not consider adopting single/double summertime, central European time or any variation on them without the agreement of all nations of the UK. The Prime Minister has been unequivocal in stating that having different times operating concurrently in the UK is not an option.”
“I am starting to be very concerned about the extent to which I agree with the hon. Member for Glasgow South West (Mr Davidson). Indeed, the hon. Member for the Western Isles has done something remarkable this evening—he has led me to agree 100% with the hon. Member for Dumfries and Galloway (Mr Brown), which is a very rare occurrence. I could not have put it better—the new clause is sheer lunacy, and Members on both sides of the Chamber have set out why. It is important to reflect on the findings of the Calman commission, which highlighted the importance of cross-border institutions and functions of the UK Government that bind the people of Scotland and the rest of the UK in a “social union”. It stated its view that a consistent British isles time zone was an important aspect of that. Of course, the SNP wants to destroy that social union.”
“The likelihood of the Scottish Parliament’s legislating on food content and labelling in a field where exemptions can be found from single market legislation and where any applicable European regulations can be simultaneously disapplied is very limited. The likelihood of its doing so for purposes that are not related to legitimate actions in the field of public health is extremely low. Finally, any national measures on labelling or content where a member state may be able to act would need to be notified to the European Commission at member state level.”
“Even if it were possible to create a new type of reserved matter, there would still be problems. Indeed, any such measure would depend on a definition of what is meant by the United Kingdom single market, which is a concept at the heart of Calman’s recommendation. Furthermore, any amendment of the Scotland Act would create a divergence between the different countries of the United Kingdom as the devolved institutions in Northern Ireland and Wales are not subject to equivalent restrictions. To summarise, although Scottish Parliament legislation of the type that Calman’s recommendation is designed to prevent is theoretically possible, it is highly unlikely.”
“Amending schedule 5 to the Act poses a number of possibly insurmountable problems, at the root of which is the fact that the Calman commission’s recommendation seeks to address a particular effect of legislation—that is, the breach of a single market. The purpose test that applies to the reserved matters in schedule 5 to the Act requires both the purpose and the effect of a provision to be taken into account. It is therefore possible for a provision to have an effect on a reserved matter and yet not relate to it when the purpose test is applied. Simply including a matter in schedule 5 does not guarantee that it can never be affected by legislation that is in the competence of the Scottish Parliament. There is no precedent for enabling the Scottish Parliament to legislate on a matter provided that its legislation only has certain effects.”
“First, the sale of raw milk or cream for direct human consumption is banned in Scotland but permitted, subject to certain restrictions, in England—European legislation specifically allows that. Secondly, the rules regarding food storage temperature control requirements are much more detailed in England than in Scotland. Both those differences predate Scotland’s ability to make its own legislation and both relate to food safety, not general food labelling or standards. That suggests to the Government that there is not a substantial problem to be addressed. There is therefore no need, in our view, to amend the Scotland Act.”
“The Scotland Act prohibits the Scottish Parliament from legislating in a way that is incompatible with Community law, and Scottish Ministers have no power to carry out any executive act which is incompatible with that law—to do so would be ultra vires and any such act would have no effect. It is relevant to the Calman commission’s recommendation that member states may restrict the free movement of goods in exceptional and limited cases. One example where that might be possible is if the Scottish Parliament were to need to take action for the purposes of public health. Again, however, Calman did not suggest any restrictions in this area. The Government are aware of only two instances where Scottish food legislation imposes different requirements from those that apply in England.”
“Significantly, single market rules seeking to avoid barriers to trade being erected apply equally to rules applied in just one part of a member state. Any national measure would need to be notified at member state level, and clearance would need to be obtained from the European Commission before adoption. Before seeking such clearance, consideration would always need to be given to the potential for any disruptive impact within the United Kingdom. I emphasise to right hon. and hon. Members that the Scottish Parliament is already in a position where it cannot legislate to set particular Scottish standards for food content in cases where that would breach the single European market or supplement existing European regulations.”
“Importantly, and rightly, Calman recognised that food content and labelling are almost exclusively regulated at European Union level, so any scope for national flexibility at member state level when implementing this European law is extremely narrow. Hon. Members will know that general and nutritional labelling is currently being recast in a proposed European regulation. The resulting legislation will be directly applicable across the whole of the United Kingdom. A number of other labelling and food standards matters are governed by European directives. Even where no specific food-related legislation has been adopted at European Union level, free movement principles mean that any food which can be lawfully sold in any member state must be able to be sold throughout the United Kingdom, and vice versa.”
“The commission made the following recommendation: “The Scottish Parliament should not have the power to legislate on food content and labelling in so far as that legislation would cause a breach of the single market in the UK by placing a burden on the manufacturing, distribution and supply of foodstuffs to consumers, and Schedule 5 to the Scotland Act should be amended accordingly.” The commission also recommended that the Scottish Parliament’s and Scottish Government’s abilities to deal with public health issues should remain, so the recommendation does not cover this aspect, and the Government fully support that.”
“I welcome this opportunity to discuss a substantive issue in relation to the Calman commission report and the subsequent Scotland Bill. It compares favourably with some of the discussions and superfluous issues that have been raised by the SNP during the course of the evening. Hon. Members will know that the Calman commission made a recommendation on food content and labelling which, as the hon. Gentleman has pointed out, is not included in the Bill. I shall set out the Government’s reasons for deciding not to include it, as was made clear in the Command Paper. Although the recommendation seems sensible on paper, it presents a wide range of difficulties in practice, and I shall set those out. As he has said, the Scottish Parliament’s report on the Scotland Bill also sought a fuller explanation for the Government’s position.”
“That is a very good point. One thing that always interests me about those who promote the time change is that they rarely seek to refer to it as central European time and the imposition of time from Europe on the rest of the—”
“I hope that I have been able to persuade both organisations that the legal basis, which I have set out in detail, is a sound one and is the basis on which the Government did not include that particular recommendation in the Bill. On the need for legislative change, taking together all the points I have made, the Government do not necessarily consider—”
“I apologise, Mr Evans, for getting sucked into matters that diverge from the subject under discussion. The Government appreciate the concern behind the Calman recommendation, and we have fully considered its implications. The hon. Member for East Lothian (Fiona O'Donnell), who has shown great stamina throughout today’s proceedings by taking part in many of the individual debates, asked whether we had consulted the retail and business sector. I am pleased to tell her that I have met the Scottish Retail Consortium and discussed this issue in detail. I have also met the director of the CBI in Scotland, who has also previously set out concerns on this matter.”
“(7) In Schedule 1— (a) for paragraph 1 there is substituted— “(1) The constituencies are— (a) the Orkney Islands, (b) the Shetland Islands (c) the Western Isles [Na h-Eileanan An Iar], and (d) the parliamentary constituencies in Scotland at the time of an ordinary or extraordinary general election for the Scottish Parliament, except the constituencies of Orkney and Shetland and Na h-Eileanan An Iar”; (b) paragraphs 3 to 14 are omitted.’.— (Mr Donohoe.) Brought up, and read the First time.”
“(5) In section 11, subsection (2) is substituted by— “(2) A person is not entitled to vote as an elector in more than one constituency at a general election, and may cast no more than two votes at a poll for the return of constituency members.”. (6) In section 12— (a) in subsection (2), paragraphs (e) and (f) are omitted; (b) subsection (3) is omitted; (c) after subsection (4) the following subsection is inserted— “(4A) The provision to be made under subsection (1) must include provision for— (a) each elector to cast one or two votes of equal value, with no more than one vote to be given to any one candidate, in constituencies returning two members; (b) the two candidates with the most valid votes to be elected in such constituencies.”.”
“New Clause 18 Orders ‘Any power to make an order conferred by this Act is exercisable by statutory instrument.’.— (David Mundell.) Brought up, read the First and Second time, and added to the Bill. New Clause 1 Abolition of regional members of Scottish Parliament ‘(1) The Scotland Act 1998 is amended as follows. (2) In section 1— (a) in subsection (2) “Two members” is substituted for “One member”; and at the end there is inserted “save for those identified in paragraph 1(a) to (c) of Schedule 1, each of which shall return one member,”; (b) subsection (3) is omitted. (3) In section 5, subsections (1) and (3) to (9) are omitted. (4) Sections 6, 7, 8 and 10 are omitted.”
“Amendment 31 agreed to . Amendment made: 32, page 26, line 2, leave out from second ‘exceeding’ to end of line 3 and insert— (i) in the case of a summary offence, level 5 on the standard scale, (ii) in the case of an offence triable either way, the statutory maximum,’.— (David Mundell.) Clause 33, as amended, ordered to stand part of the Bill. Clauses 34 to 37 ordered to stand part of the Bill. Clause 38 Commencement Amendments made: 65, page 28, line 5, leave out ‘made by statutory instrument’. Amendment 66, page 28, line 9, leave out ‘made by statutory instrument’.— (David Mundell.) Clause 38, as amended, ordered to stand part of the Bill. Clause 39 ordered to stand part of the Bill.”
“The second amendment ensures that the correct terminology is used in relation to fine limits in section 113 for either-way offences created in relation to the law of England and Wales and Northern Ireland, with the statutory maximum rather than level 5 on the standard scale on summary conviction. Level 5 has meaning only in relation to summary-only offences by virtue of the definition in the Interpretation Act 1978. Clause 33, as introduced, makes this terminology change in relation to fine limits for Scots law offences, and the amendment makes the same change for offences that form part of the law of England and Wales and Northern Ireland. The amendments will ensure consistency in the terminology used to describe the fine limits for offences created in the Scotland Act orders for each of the legal jurisdictions in the UK.”
“The Government have identified the need for these minor technical amendments to clause 33, which updates the maximum penalties that can be applied to criminal offences created in subordinate legislation made under the Scotland Act 1998. The amendments are sensible additions that will ensure consistency across the different legal systems within the UK. The first amendment is a minor technical amendment to ensure consistency in the terminology used to refer to fine limits for different jurisdictions, which are provided for in the amendments to section 113 of the Scotland Act made by clause 33.”
“The hon. Gentleman has been very consistent on this issue, and I respect his views even though I do not necessarily agree with him. However, I am confused about the Labour party position. For many years, those of us who were list MSPs heard the arguments that he is making about how the list was an assisted places scheme for people who failed to be directly elected under first past the post. Now I find that Labour party first-past-the-post candidates are on the list, and some of them are even topping lists when there is a fear that they will lose in the first-past-the-post constituency. How does he feel about that?”
“I have regular discussions with ministerial colleagues on matters related to higher education in Scotland. Funding for higher education in Scotland is largely a devolved matter, and my hon. Friend may be aware that the Scottish Government concluded the consultation on its Green Paper on the future of higher education funding on 1 March.”
“My hon. Friend will know, as I have stated, that higher education is devolved, and it is for the Scottish Government to decide how to determine the funding of students from both Scotland and England. The fact that £75 million is being spent funding students from the European Union in Scotland will be the subject of considerable discussion at the forthcoming Scottish Parliament elections.”
“I agree with Sir Andrew Cubie, who commented on the Scottish Government’s proposals on higher education, and said that their response was “too late” and that they had had the opportunity to lead the way on higher education in the United Kingdom, but chose to follow.”
“My concern for students in Scotland stems from the failure of the Scottish National party Government to address the issue of higher education funding in Scotland. As the hon. Gentleman will know, a funding gap of up to £260 million in higher education in Scotland has been identified as a result of the SNP’s governance. By my definition, that is a car crash.”
“My hon. Friend identifies a positive and progressive aspect of the Government’s higher education policy as it applies to England, and it is a policy that deserves to be introduced in Scotland.”
“In the financial year 2008-09, figures for the United Kingdom show that there were 350 claims for research and development tax credits from small and medium-sized businesses, and that the total amount of relief awarded was £15 million. Figures for Scotland are not currently held centrally.”
“What I am aware of is that Her Majesty’s Revenue and Customs R and D tax and credits unit held a workshop in Glasgow on 9 February, and it was well attended by businesses from the Glasgow area.”
“The Secretary of State for Scotland and I are in regular contact with ministerial colleagues in the Department for Work and Pensions. We also meet regularly organisations in Scotland with an interest in welfare and combating poverty.”
“The hon. Gentleman will be aware that there was a debate this morning in Westminster Hall on that specific issue. The Government have indicated that they are listening to the concerns. The fundamental issue with disability living allowance is that it is not fit for purpose and needs change. The Government are taking those changes forward.”
“Yesterday, I met the Minister of State, Department for Work and Pensions, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling) and Lord Freud, the Minister in the House of Lords who is responsible for welfare reform, to discuss the implications of welfare reform for Scotland. The right hon. Lady raises one such issue. As was said in Westminster Hall this morning, DLA as it currently exists is not fit for purpose. It is applied randomly across care homes, not just in Scotland but across the United Kingdom, and it needs to be reformed.”
“I certainly acknowledge that residential care homes are social rather than medical institutions primarily. However, as the hon. Lady will know, having been present at this morning’s debate in Westminster Hall, many care homes operate the mobility aspect of disability living allowance differently. The basis on which it is applied to a person in a home in Scotland and what it is applied for is dependent on which home they are in. I am sure she will agree that that is not acceptable.”
“I agree with my Friend’s analysis. Like many people in Scotland, I recognise that the Welfare Reform Bill provides a once-in-a-generation opportunity to radically overhaul the benefits and welfare system.”
“I do not agree with the hon. Lady’s analysis. I am surprised to hear again from the Scottish National party that it does not welcome the devolution of elements of the social fund to the Scottish Parliament.”
“The Secretary of State and I have regular discussions with the Chancellor of the Exchequer on a range of issues. The VAT rise is a tough but necessary step towards Britain’s economic recovery.”
“I am aware of the sense of outrage, not just in Scotland but throughout the UK, at the state of the economy that the last Labour Government left us with, which has required such measures to be taken.”
“The hon. Lady would be much more credible on that point if she had spoken out against her Government’s rises in duty. The issue of fuel prices in rural areas is serious, and it is already clear that my right hon. Friend the Chancellor has heard the concerns.”