Scotland Act 1998: Section 35 Power
Angela Crawley Excerpts(1 year, 3 months ago)
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Mr Jack
No. I hope people will realise that the United Kingdom Government have been given legal advice that raises concerns for women and children, for their safeguards and protections, and about adverse effects to UK-wide legislation, and that we are acting on that advice and have the backs of women and children across the United Kingdom, including in Scotland, if safeguards and single-sex spaces and so on are impinged upon. If that is the concern in the statement of reasons, we believe it right to act on it for all citizens of Great Britain.
Angela Crawley (Lanark and Hamilton East) (SNP)
In 2021, the Women and Equalities Committee published a report stating clearly that the gender recognition certificate did not—as is still the case—impinge on the rights of women or girls. It stated unequivocally that the exclusions applied in all instances and that women and girls would continue to be protected regardless of the gender recognition certificate. The same applies in the case of the Gender Recognition Reform (Scotland) Bill, and nothing in the proposals contradicts that. Will the Minister outline clearly to the House what legal advice he has been given? We are still waiting for an answer.
Mr Jack
In short, two different regimes create adverse effects.
Gender Recognition Reform (Scotland) Bill: Section 35 Power
Angela Crawley Excerpts(1 year, 3 months ago)
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Stephen Flynn
No.
Let me return to the points I was making about democracy, on the right to strike, EU legislation, Brexit, but also, importantly, on Scotland’s right to choose. As we found towards the end of last year—if the Father of the House wishes to awaken from his slumber—[Interruption.] No, Mr Speaker, he does not appear to awaken from his slumber. It is very distracting to see that in front of you in a democratically elected Parliament.
If we are to reflect on democracy, last year Scotland was denied its right to choose by this UK Government. The Supreme Court was clear that we do not have power under the constitutional settlement to have a second independence referendum, irrespective of the views of the people of Scotland. Yet the only answer that the UK Government can give to any question in relation to that is, “No. You cannot have your say.” No matter which way we turn or what the issue of the day is, this UK Government are not interested in Scotland’s democracy. Let us look in closer detail at the Conservative party position on that.
Angela Crawley (Lanark and Hamilton East) (SNP)
Does the statement of reasons not clearly state that the Government do not have any legal basis on which to challenge this legislation? The simple fact is that the Secretary of State for Scotland has opened himself up to judicial review, because he will simply find that he has no modification of the Equality Act 2010, and that there are no examples—none—indicating that he has justifiable reasons for outlining a section 35 order.
Stephen Flynn
The Secretary of State has opened himself up to many things, ridicule among them, by his failure to see the blindingly obvious.
To revert to my previous point about the wider Conservative position, let us be clear and in no doubt whatsoever that the Conservatives are seeking to utilise this issue for a culture war—nothing more, nothing less. These are the dying embers of a failing Government who see the polls, who know they are on their way out, and who know their Members will lose their seats. In a last gasp attempt to create division, they are using some of the most vulnerable people in society to create a culture war.
Ian Murray
The hon. Lady might say that from a sedentary position, but the hon. Member for Aberdeen South (Stephen Flynn) quoted Donald Dewar at great length. Donald Dewar will be turning in his grave at what is happening in relation to devolution and Scottish politics, because he created the section 35 process for the very reasons the hon. Lady just said. Section 35 is a process to enable cross-border problems to be resolved.
Ian Murray
Let me finish my point.
The Government have come forward with 13 pages that they think show that the Bill adversely affects UK-wide legislation. I think the statement of reasons is thin, although I have not had a chance to read it all the way through. [Interruption.] It might be rubbish, but people have concerns that we have to alleviate. We have to bring people with us. What the SNP has forgotten about this entire process—Labour is very experienced at this because we do it all the time—is that when a Government are passing major equalities legislation they have to bring people with them. If that means they have to get people around the table—[Interruption.] Should you not have to bring people with you? If people raise concerns, you should just dismiss them? [Interruption.] No, this is me saying it. Equalities legislation is difficult and you have to bring people with you. These adverse effects might be “rubbish”—as I have said, at an initial glance I think they are pretty weak and flimsy—but the courts will have to decide whether they like this or not, because that is where this is going. The Scottish Parliament has the right to pass this legislation, because this is devolved, but the Scotland Act, protecting the Scottish Parliament, also contains a mechanism, written by Donald Dewar, to ensure that if there are cross-border concerns, those are dealt with. That is the way it is in this particular process.
Oral Answers to Questions
Angela Crawley Excerpts(1 year, 3 months ago)
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Marion Fellows (Motherwell and Wishaw) (SNP)
Angela Crawley (Lanark and Hamilton East) (SNP)
Martyn Day (Linlithgow and East Falkirk) (SNP)
Mr Jack
The hon. Lady quotes statistics for the two years following Brexit, but those of course are two years where we had other factors to take into account, not only covid and many lockdowns across Europe, but the illegal war in Ukraine. In the first two quarters of 2022, the United Kingdom did more trade with the European Union than it did in any quarter when we were members of the European Union.
Angela Crawley
Brexit has cost the UK £40 billion a year in tax revenue. That would be enough to fill the black hole caused by the Tory mini-Budget, along with yet another round of Tory austerity. Scotland did not vote for Brexit, for this Government, the last one or the one before that, so does the Secretary of State think it is right that Scotland should suffer due to his party’s extreme Brexit ideology?
Mr Jack
This Government respect democracy. We respect the outcome of referendums. There was a referendum in 2014 on Scottish independence. We respected the result; the Scottish National party has not. In 2016, the United Kingdom, which we are all part of, voted to leave the European Union, and we delivered on that.
Scottish Independence and the Scottish Economy
Angela Crawley Excerpts(1 year, 5 months ago)
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Owen Thompson (Midlothian) (SNP)
A few weeks ago, Christine Grahame MSP and I co-hosted a cost of living support event in Gorebridge in my constituency. We invited along energy providers, community groups, food banks and suicide prevention charities. As constituents arrived and were able to access the help they needed, I started to think that it was a great success and that it was brilliant to see so many people there. But then I had to stop myself, because I started to think, “How did we get here? How did we become a society where food banks are normal and where we simply accept that poverty is growing and that suicide prevention charities face record numbers of calls?” The fact that we needed to hold that event at all is an alarming sign that the UK state has failed. When a country cannot guarantee its citizens a decent standard of living, with a roof over their head, heat in their home and food on the table, that country has failed to uphold its end of the social contract.
The most shocking thing about this crisis is that so much of it is inflicted by the Government. For instance, the energy crisis is far worse in the UK than it is elsewhere, because the Government have kept the energy companies private, ensuring that the money from bills goes towards profit, not investment that could help to ensure security of supply. The severity of the cost of living crisis has been exacerbated by the Government’s incompetence, with a kamikaze Budget sending mortgage rates skyrocketing and the pound crashing, which means that there is less money in people’s pockets and that the money that remains is worth less.
The truth is that the UK has been the poor man of Europe for years because the economy is set up to funnel wealth to the super-wealthy—to people such as the current Prime Minister—rather than to distribute it fairly to support those who need it most. Now, we are reaping what has been sown.
There is no doubt that this is a global crisis, but while other societies have been ready to catch the poorest in their safety nets, the net in the UK is a glaring hole. Somehow, British exceptionalism has kept its grip on policymaking, and although we are no longer a particularly well-off society but one where a tiny number of people have immense wealth, the idea that we are exceptional has meant that the Government have refused time and time again to look abroad and follow best practices.
To take the windfall tax, other countries have got serious about taxing the record profits that oil and gas companies have been making, but we have ignored the issue for months. Now we are left reeling from a failed Thatcherite experiment and looking down the barrel of austerity 2.0, with an economy so deliberately trashed that there is little option but to put money directly into people’s pockets, although the Government cannot even get that right. I recently met an 89-year-old constituent who cannot afford to heat her home because she, like thousands across Midlothian, relies on heating oil. The price of heating oil has skyrocketed to the point where she has spent £2,000 on it this year and expects to fork out at least another £1,000 over the coming winter. Yet the Government’s proposed support package for people using heating oil is £100—not even enough to get through a tenth of the winter.
Angela Crawley (Lanark and Hamilton East) (SNP)
Constituents in my area of Lanark have written to me about the fact that oil prices have continued to go up and that Government support is frankly woeful. Does my hon. Friend agree that the Government must do more to support those who are off the grid, especially in rural communities, because they simply have no other choice?
Owen Thompson
I absolutely agree with my hon. Friend. The support that is in place is welcome—I do not deny that, and I do not think anyone else here would—but we need much more, because far too many people, and especially those who are off the grid, have been left behind.
At the moment, we are on a sinking ship. The UK’s future is not bright, and there is little reason to doubt that our children’s economic prospects will only become worse than ours. Therefore, the question is whether we look around the sinking ship, shrug our shoulders and say, “It’s been fine up till now. There’s no point trying to change it. We’ll be just fine,” or we try something different. We do not have to go down with this sinking ship. Certainly for those of us in Scotland, there is a lifeboat; it might be smaller than the boat we are currently on, but we get to be its captain, and the folk we share it with have the same direction in mind as us. Once we are out on the open water, we will realise that there are plenty of other wee boats out there that are the same size as us and that they are working together so that they can weather the storms far better than the lonely old SS Britannia ever could.
That is what independence promises; it is not an instant fix, but it is the only reasonable path to a better future. Now, in a context where being part of the UK has left us with record inflation and soaring poverty, the idea that Scotland cannot afford independence is simply laughable. Norway was one of Europe’s poorest countries when it became independent in the early 20th century, and Ireland’s era of independence began with war and destruction. For them, however, independence was not the problem; it was the solution. Independence allowed them to grab hold of all the economic powers at their disposal and to respond to crises however they wished. Now, we look to both countries as models of stunning economic success.
The truth is that we are in pretty dire straits as part of the UK. Even if we choose independence, we will inherit the mess that being part of the UK has left us with. That is not an argument against independence; it is a fundamental part of why we need it now. We can no longer afford to remain a part of this broken Union, and the people of Scotland need to be able to have that say, and have it soon.
Oral Answers to Questions
Angela Crawley Excerpts(2 years, 10 months ago)
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Angela Crawley (Lanark and Hamilton East) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
May I start by saying that the dream is over, and my commiserations go to Steve Clarke and the Scottish team now that they are out of the Euros? Us Scots will now turn our attention to Wimbledon, where we have won the men’s singles twice in the last eight years. I also congratulate Wales and England on proceeding to the knockout stages of the tournament, and I wish them well in that.
In answer to the question, it is a tragedy that drug deaths in Scotland are the worst in Europe and about four times those of England and Wales. The majority of the levers to tackle drugs misuse are delivered and devolved to the Scottish Government, including health, education, housing and the criminal justice system, but as the First Minister has admitted, they have taken their eye off the ball. The United Kingdom Government are keen to work with the Scottish Government to tackle this scourge, and the Minister for Crime and Policing, my hon. Friend the Member for North West Hampshire (Kit Malthouse), held a UK-wide summit in Glasgow. He also invited the Scottish Government to be part of a new scheme, Project ADDER, which aims to protect communities from the harm caused by drugs. The Scottish Government have, sadly, so far declined.
Angela Crawley [V]
The Scottish Government intend to open an overdose prevention centre in Glasgow to tackle drug deaths and HIV infection rates. They are prevented from doing so by this Government’s reliance on the out-of-date, ill-fitting drugs legislation, the Misuse of Drugs Act 1971. Ahead of Saturday’s “Support. Don’t Punish” day of action, will the Minister speak with his Cabinet colleagues about the need to reform the Act and support the Scottish Government’s call for an urgent four nations summit on this issue?
Oral Answers to Questions
Angela Crawley Excerpts(3 years ago)
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David Duguid
I thank the hon. Gentleman for his question. I share his enthusiasm for all things related to energy renewables, but he will know as well as I do that, by law, transmission charging is a matter for Ofgem as the independent regulator. I imagine that he will also be aware that Ofgem is currently considering some aspects of transmission charging arrangements through its access and forward-looking charges review.
Angela Crawley (Lanark and Hamilton East) (SNP) [V]
The SNP Scottish Government have committed to doubling their climate change justice fund if re-elected next week. This £21 million fund is used to help combat the effects of climate change in the global south while we tackle carbon emissions at home. In the year of COP26, will the UK Government follow Scotland’s lead and commit to a comparable climate justice fund to help those affected by climate change?
David Duguid
Not only will we commit to a comparable financial commitment, but the recent spending review committed to spending £12 billion on green measures to support the 10-point plan and boost the UK’s global leadership on green infrastructure and technologies, not just ahead of COP26 this year, but beyond as well.
Oral Answers to Questions
Angela Crawley Excerpts(3 years, 7 months ago)
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Mr Jack
I utterly disagree with the hon. Gentleman. This legislation strengthens the United Kingdom. Scotland does 60% of her trade with the rest of the UK—over £50 billion. We want to protect that trade. We want to improve the Scottish economy. In no way is a single power being removed from the Scottish Government. It is quite the contrary: powers are being increased.
Angela Crawley (Lanark and Hamilton East) (SNP)
Stewart Hosie (Dundee East) (SNP)
The Secretary of State for Scotland (Mr Alister Jack)
I have frequent discussions with Cabinet colleagues on a range of matters relating to the UK internal market. The UK internal market is vitally important for our economy. As I have said a number of times over the past five minutes, sales produced in Scotland to the rest of the UK are £51.2 billion per year and over 60% of our exports.
Angela Crawley
By contrast to the Secretary of State’s power surge, the European single market’s principles, for example, are based on equality, co-operation and consent, with agreed standards for all member states. If he claims that the policy on the UK internal market is not a power grab, will he guarantee a mechanism for negotiation, agreement and consent between the four nations of the UK?
Mr Jack
The hon. Lady points towards frameworks, which is exactly what we are doing. For standards, frameworks will be by consent across the United Kingdom. There is the opportunity for parties to opt out. As a safety net for business, we are introducing mutual recognition, which underpins the European single market, and we are introducing non-discrimination.
Scotland Bill
Angela Crawley Excerpts(8 years, 5 months ago)
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David Mundell
I can confirm that that is absolutely not the case. The Smith commission report makes it clear that devolution of abortion law should take place and that the reservation in the 1998 Act was anomalous in comparison with the health and criminal justice devolution that took place. The commission recognised, and I recognise, that this is a matter that must be dealt with sensitively. That is why there have been discussions with the Scottish Government, why the First Minister of Scotland has made her position on the issue clear and why Scotland’s Health Minister will meet shortly with women’s groups and interested parties in Scotland as the devolution of abortion progresses.
Angela Crawley (Lanark and Hamilton East) (SNP)
As was made clear in Committee, the Scottish Government have made it clear in no uncertain terms that there are no planned changes to the legislation. On that basis, does the Secretary of State agree that Labour Members undermine their colleagues in the Scottish Parliament by intimating that they cannot legislate on their own matters?
David Mundell
I am sure that the hon. Lady and other Members will have heard me say that I am absolutely satisfied that the Scottish Parliament has the capacity to deal with this issue. Although tonight and on other occasions there have been significant differences between us on what should and should not be devolved to the Scottish Parliament, the basis of my arguments has never been a belief that the Scottish Parliament is not capable of dealing with particular sensitive or difficult issues; it is just that I feel that the balance of responsibilities in the devolution settlement is better served in a different way. I genuinely believe that the balance of the devolution settlement is best served by abortion being devolved, which is consistent with the health and criminal justice devolution in the wider settlement.
Angela Crawley
Does my hon. Friend agree with me and the Equality and Human Rights Commission that devolving power over all equalities to the Scottish Parliament will enable it to legislate to give people an ability to do things that they have never had before?
Dr Whiteford
My hon. Friend makes her point well. I note that in the previous debate we talked quite a bit about the Human Rights Act and the role that it, too, plays in securing equalities.
Mr McFadden
The House is very pressed for time.
We have had experience of what happens in those circumstances. We know that 10 women a day have travelled here from the Republic of Ireland because of the different legislative frameworks. I do not predict that that will happen in this instance, but the new clause allows for the possibility. The logic was right before. There is no logic in allowing for two legislative frameworks 18 years on.
Scotland Bill
Angela Crawley Excerpts(8 years, 9 months ago)
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Angela Crawley (Lanark and Hamilton East) (SNP)
It is worth noting early in the debate that so far we have had 100% participation of male speakers. However, the Labour party also has 100% male representation in the Chamber, and I thank the hon. Member for Edinburgh South (Ian Murray) for raising the topic of equality. Before I address the amendments in detail, it is worth noting that the Committee has not agreed to a single proposal that the Scottish National party has tabled to the Scotland Bill. I need not remind anyone that the SNP won all but three seats in Scotland only a few weeks ago. The Scottish people gave the SNP a mandate to speak on their behalf, and this Parliament should take account of that.
Amendment 134 delivers a more explicit reference to the devolution of competence over gender quotas in respect of public bodies in Scotland, but ensures that it is “not limited to” gender quotas, as agreed in the Smith commission report. Amendment 162 creates an exception to the reservation that will clearly cover gender quotas in respect of public bodies in Scotland. One of the most frequent questions that this Government ask is, “What would you do with the new powers proposed, and why do you want additional ones?” The answer is simple: in terms of equalities the Bill does not go far enough. If the amendments are accepted, the Scottish Government could go much further.
The SNP manifesto contained an extensive range of proposals to reduce gender inequality. Scotland’s First Minister, Nicola Sturgeon, has signalled clearly the need for a more equal representation of men and women in public life, and she has led by example. The Scottish Cabinet is one of only three Cabinets in the developed world to have an equal number of men and women—something that has yet to be replicated by the Conservative or Labour parties.
If these amendments are accepted, the Scottish Government will take action and introduce proposals to ensure 50% female representation on public boards, and press for the same to happen across the United Kingdom. They will encourage this Government to work with the private sector to increase the number of women represented at the most senior levels in major companies. They have called for early action on equal pay audits for larger companies, ensuring that women get the salaries they are entitled to. They have called for regulations to compel employers of more than 250 people to publish annual gender pay gap information, starting in 2016-17.
Brendan O'Hara (Argyll and Bute) (SNP)
Does my hon. Friend share my dismay at Scottish Labour’s record in local government on equal pay, which is nothing short of appalling? Will she join me in urging Glasgow City Council to settle its 5,000-plus outstanding claims as quickly as possible?
Angela Crawley
I thank my hon. Friend for that intervention—South Lanarkshire, North Lanarkshire and Glasgow councils are in much the same situation, with a Labour administration that has failed to take action on equal pay. There are still a number of outstanding claims.
The Scottish Government will introduce an equal pay Bill to deliver equal pay law that works for women in Scotland. They would consult on how new regulations or structures can be created by the Bill to expedite the equal pay claims process, and ensure that settlements are enforced quickly—something that Labour administrations in Scotland have failed to do. They will seek to maintain the protections provided by the Equality Act 2010, and will ask the Government to engage with key stakeholders on potential improvements. They will support calls to establish a race committee to advise the work of the Equality and Human Rights Commission.
I welcome new clauses 56 and 66 on devolving abortion laws to the Scottish Parliament—we welcome powers for Scotland. I hasten to remind Members that I will focus on the substantive subject of who has the power to make laws, rather than on the views of individual Members on this matter. The SNP remains absolutely clear: the Scottish Government have no plans to change the legislation, but we will support and welcome the devolution of further powers to the Scottish Parliament under the Bill.
Together with our colleagues in the Scottish Government we will demand that section 78 of the Equalities Act 2010 is commenced. Under the Bill, however, it remains reserved, and to see real change we need to go further. The amendments have been tabled for a simple reason: it is unacceptable that 45 years after the Equal Pay Act 1970, the gender pay gap remains. Urgent action needs to be taken, and the Scottish Government have proven that where they have power, they take action. They have extended childcare provision and made it more flexible. They have funded campaigns to promote family-friendly working in Scotland, including an investment of £100,000 in the working families initiative that supports a range of activities to promote flexible working. They have ensured that public authorities with more than 150 employees publish their gender pay gap, and they have provided continued support for CareerWISE, which encourages girls and young women to consider careers in science, engineering and technology.
The Office for National Statistics showed that in Scotland the gender pay gap sits at 8.9% for full-time employees compared with 9.4% for the UK and 9.9% for England. On part-time employment, it sits at minus 7.2% in Scotland, compared with minus 5.5% for the UK and minus 5.6% in England. Although the SNP welcomes the fact that Scotland is leading the way on gender equality, we recognise that more has to be done. I therefore support the amendments and new clauses, and urge us to continue discussing these issues. If the Government will not act to reduce inequality, they should not stand in the way of the Scottish Government.
Chris Stephens
I declare my membership of Unison and my trade union activity over the past 20 years. It was disappointing to hear the hon. Member for Caerphilly (Wayne David) shout across to SNP Members that we do not care for workers and working people—I hope he will reflect on that because a number of SNP Members have been involved in trade union activity in the past.