Finance (No. 2) Bill
Debate between Angus Brendan MacNeil and Baroness Primarolo(10 years ago)
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The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
Does Mr MacNeil wish to move new clause 6 formally?
The Second Deputy Chairman
No? Okay. [Interruption.] It is very generous of Members to assist Mr MacNeil, but he can manage it by himself and I believe that the new clause is not moved.
Clauses 72 to 74 ordered to stand part of the Bill.
The Deputy Speaker resumed the Chair.
Bill (Clauses 1, 5 to 7, 11, 72 to 74 and 112 and schedule 1) reported, without amendment (Standing Order No. 83D(6), and ordered to lie on the Table.
Petition
Debate between Angus Brendan MacNeil and Baroness Primarolo
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
On a point of order, Madam Deputy Speaker. In the last round of Divisions, I had intended to move new clause 7, but new clause 7 was not called, and new clause 6 was called instead. I realise of course that human error can play its part in some of these things, but I would like your opinion on the matter.
Madam Deputy Speaker (Dawn Primarolo)
Mr MacNeil, I think there was a genuine misunderstanding with regard to new clauses 6 and 7. I regret to say that the intention was not clear to me at the time in the Chair, and I do not feel that I can take the matter any further than that, but I am sure that the record will show the hon. Gentleman’s intention, even if that was not fulfilled through to a vote because of a misunderstanding. I hope that that clarifies the matter.
Humberstone Heights Golf Course (Leicester)
Debate between Angus Brendan MacNeil and Baroness Primarolo
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
On a point of order, Madam Deputy Speaker. In the last round of Divisions, I had intended to move new clause 7, but new clause 7 was not called, and new clause 6 was called instead. I realise of course that human error can play its part in some of these things, but I would like your opinion on the matter.
Madam Deputy Speaker (Dawn Primarolo)
Mr MacNeil, I think there was a genuine misunderstanding with regard to new clauses 6 and 7. I regret to say that the intention was not clear to me at the time in the Chair, and I do not feel that I can take the matter any further than that, but I am sure that the record will show the hon. Gentleman’s intention, even if that was not fulfilled through to a vote because of a misunderstanding. I hope that that clarifies the matter.
Finance (No. 2) Bill
Debate between Angus Brendan MacNeil and Baroness Primarolo(11 years ago)
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Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
I beg to move, That the clause be read a Second time.
The Temporary Chairman (Sir Roger Gale)
With this it will be convenient to discuss the following:
New clause 4—Air passenger duty: Wales
‘Schedule (Air Passenger Duty: Wales) has effect’.
New schedule 1—‘Air Passenger Duty: Wales
‘Air Passenger Duty: Wales
Part 1
Rates of Duty from 1 April 2013
1 Section 30 of FA 1994 (air passenger duty: rates of duty) is amended as follows.
After subsection 4D insert—
“(4DA) Subsection (4DA) applies if—
(a) the passenger’s journey is a relevant Wales journey, and
(b) apart from subsection (4C), subsection (2) would not apply to the journey.
(4DB) The applicable rate in subsection (2) applies to the journey instead of the applicable rate in subsection (3), (4) or (4A) (as the case may be).
(4DC) A passenger’s journey is a “relevant Wales journey”—
(a) in the case of a journey which has only one flight, if the flight begins in Wales, and
(b) in any other case, if the first flight of the journey—
(i) begins in Wales, and
(ii) is not followed by a connected flight beginning at a place in the United Kingdom or a territory specified in Part 1 of Schedule 5A.”
The amendments made by this Part of this Schedule have effect in relation to the carriage of passengers beginning on or after 1 April 2013.
Part 2
Devolution of Wales Long Haul Rates of Duty
2 Chapter 4 of Part 1 of FA 1994 (air passenger duty) is amended as follows.
3 (1) Section 30 (rates of duty) is amended as follows.
(2) After subsection (1) insert—
“(1B) Subsection (1) does not apply to the carriage of a chargeable passenger to which section 30B below (Wales long haul rates of duty) applies.”
(3) Omit subsections (4DA) to (4DC) (as inserted by paragraph 1 above).
(4) The amendments made by this paragraph have effect in relation to the carriage of passengers beginning on or after the relevant day as defined in section 30B of FA 1994 (as inserted by paragraph 4 below).
4 After section 30A insert—
30B Wales long haul rates of duty
“(1) This section applies to the carriage of a chargeable passenger if—
(a) the carriage begins on or after the relevant day,
(b) the only flight, or the first flight, of the passenger’s journey begins at a place in Wales,
(c) the passenger’s journey does not end at a place in the United Kingdom or a territory specified in Part 1 of Schedule 5A, and
(d) if the passenger’s journey has more than one flight, the first flight is not followed by a connected flight beginning at a place in the United Kingdom or a territory specified in Part 1 of Schedule 5A.
(2) Air passenger duty is chargeable on the carriage of the chargeable passenger at the rate determined as follows.
(3) If the passenger’s journey ends at a place in a territory specified in Part 2 of Schedule 5A—
(a) if the passenger’s agreement for carriage provides for standard class travel in relation to every flight on the passenger’s journey, the rate is the rate set by an Act of the National Assembly for Wales for the purposes of this paragraph, and
(b) in any other case, the rate is the rate set by an Act of the National Assembly for Wales for the purposes of this paragraph.
(4) If the passenger’s journey ends at a place in a territory specified in Part 3 of Schedule 5A—
(a) if the passenger’s agreement for carriage provides for standard class travel in relation to every flight on the passenger’s journey, the rate is the rate set by an Act of the National Assembly for Wales with the purposes of this paragraph, and
(b) in any other case, the rate is the rate set by an Act of the National Assembly for Wales for the purposes of this paragraph.
(5) If the passenger’s journey ends at any other place—
(a) if the passenger’s agreement for carriage provides for standard class travel in relation to every flight on the passenger’s journey, the rate is the rate set by an Act of the National Assembly for Wales for the purposes of this paragraph, and
(b) in any other case, the rate is the rate set by an Act of the National Assembly for Wales for the purposes of this paragraph.
(6) The rate of £0 may be set for the purposes of any paragraph.
(7) The same rate may be set for the purposes of two or more paragraphs.
(8) Subsections (5) to (7) and (10) to (12) of section 30 apply for the purposes of this section as they apply for the purposes of that section.
(9) “The relevant day” means the day appointed as such by an order.
(10) Section 42(4) and (5) does not apply to an order under subsection (9).
(11) A Bill containing provision authorised by this section may not be passed by the National Wales Assembly except in pursuance of a recommendation which—
(a) is made by the Minister of Finance, and
(b) is signified to the Assembly by the Minister or on the Minister’s behalf.
(12) “Passed”, in relation to a Bill, means passed at the final stage (at which the Bill can be passed or rejected but not amended).
(13) Duty paid to the Commissioners in respect of the carriage of chargeable passengers to which this section applies must be paid by the Commissioners into the Consolidated Fund of Wales.”
5 (1) Section 33 (registration of aircraft operators) is amended as follows.
(2) After subsection (2A) insert—
“(2B) If the Commissioners decide to keep a register under section 33B below, an operator of a chargeable aircraft does not become liable to be registered under this section just because the aircraft is used for the carriage of chargeable passengers to which section 30B above applies.”
(3) In subsection (3)(b) after “applies” insert “or, if the Commissioners have decided to keep a register under section 33B below, that no chargeable aircraft which he operates will be used for the carriage of chargeable passengers apart from the carriage of chargeable passengers to which section 30B above applies.
(4) In subsection (7) after “section 33A” insert “or section 33B below.
6 After section 33A insert—
33B (1) The Commissioners may under this section keep a register of aircraft operators.
(2) If the Commissioners decide to keep a register under this section, the operator of a chargeable aircraft becomes liable to be registered under this section if the aircraft is used for the carriage of chargeable passengers to which section 30B above applies.
(3) A person who has become liable to be registered under this section ceases to be so liable if the Commissioners are satisfied at any time—
(a) the he no longer operates any chargeable aircraft, or
(b) that no chargeable aircraft which he operates will be used for the carriage of chargeable passengers to which section 30B above applies.
(4) A person who is not registered under this section and has not given notice under this subsection shall, if he becomes liable to be registered under this section at any time, give written notice of that fact to the Commissioners not later than the end of the prescribed period beginning with that time.
(5) Notice under subsection (4) above shall be in such form, be given in such manner and contain such information as the Commissioners may direct.”
7 In section 34 (fiscal representatives) in subsection (5)—
(a) in paragraph (a) after “33A” insert “or 33B”.
8 After section 41B insert—
41C (1) An officer of Revenue and Customs may disclose to the Secretary of State, the Treasury or the Department of Finance in Wales any information for purposes connected with the setting of rates of duty under section 30B above, including (in particular) to enable the setting of rates under that section to be taken into account (payments by Secretary of State into Consolidated Fund of Wales).
(2) Information disclosed under subsection (1) above may not be further disclosed without the consent of the Commissioners (which may be general or specific).
(3) In section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) references to section 18(1) of that Act are to be read as including a reference to subsection (2) above.”
9 In section 44 of CRCA 2005 (payment into Consolidated Fund) after subsection (2)(cb) insert—
(cc) sums required by section 30A(15) of the Finance Act 1994 (air passenger duty: Wales long haul rates of duty) to be paid into the Consolidated Fund of Wales,”.
10 In column 2 of the Table in paragraph 1 of Schedule 41 to FA 2008 (penalties for failure to notify), in the entry relating to air passenger duty, after “33A(4) “insert “or 33B(4)”.
11 The amendments made by this Part of the Schedule have effect in relation to the carriage of passengers beginning on or after 1 April 2013.
12 The rate of duty in force under this Schedule shall not be greater than the rate which would be in force if the Schedule had not been enacted.’.
Clause 183 stand part.
Clause 184 stand part.
Mr MacNeil
I shall speak to new clause 3 and against clause 183 stand part.
Air passenger duty is fast becoming one of the most damaging interventions by the Westminster Government in the Scottish economy, which over the past 30 years has provided more tax per person per year than across the United Kingdom as a whole. The chairman of VisitScotland, Mike Cantlay, says he is “extremely fearful” of the long-term impact of air passenger duty levies on the long-haul market to Scotland, which have left the country at a competitive disadvantage compared with countries such as Ireland. He added:
“To say to a potential visitor to Scotland from Australia, for example, that before you even book you will be paying hundreds of pounds extra for the sake of coming here, because the UK has a deficit to fund, is not an easy sell. It is lunacy for our industry.”
Animal Welfare (Exports)
Debate between Angus Brendan MacNeil and Baroness Primarolo(11 years, 4 months ago)
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Mr MacNeil
I am intrigued about the carol service for animals. Was it per chance, “The cattle are lowing, the baby awakes”, or something of that sort?
Madam Deputy Speaker (Dawn Primarolo)
I think the hon. Member for Southend West (Mr Amess) has finished, so, if that was your speech, Mr MacNeil, it was quite a short contribution. Do you wish to say a little more?
Daylight Saving Bill (Money)
Debate between Angus Brendan MacNeil and Baroness Primarolo(12 years, 5 months ago)
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Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
The hon. Lady makes the salient point that there will be no more daylight. What is actually happening is that people are being moved into the darkness. Clocks started off measuring time and ended up governing people’s lives, and people are going to find—as they found 30 or 40 years ago—that they will be living their lives in the early part of the day in darkness. When push came to shove at that time, the vote in this House was 366 votes to 81. That was not just Scottish Members but Members from all over the UK. Once they had experienced it, they would not have it again.
Madam Deputy Speaker (Dawn Primarolo)
Order. Perhaps it would be timely for me to remind the House that we are not debating the Bill itself or the merits of the Bill. We are debating a money resolution to commission a study that will look at the evidence. I will rule Members out of order if they try to re-debate the Bill. That is not the purpose of this money resolution.
Mr MacNeil
I checked the clock; I was two minutes late. But the substantial point is that the hon. Gentleman is absolutely right. This is not a north versus south or an England versus Scotland issue. Indeed, I feel quite an English nationalist in the midst of this debate, having to represent many of the good people of England who lived through the experiment of the late ’60s and early ’70s , and who write to me with their concerns looking for a voice. The hon. Gentleman is absolutely correct when he says that this is not a north versus south or a Scotland versus England issue.
Madam Deputy Speaker (Dawn Primarolo)
Very interesting. The hon. Gentleman should face the Chair when he speaks so that I can hear him. However, I heard what he said and now that he has made his point I would like Mr Docherty to return to the money resolution.
Scotland Bill
Debate between Angus Brendan MacNeil and Baroness Primarolo(13 years, 1 month ago)
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The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
With this it will be convenient to discuss the following:
New clause 4—Economic incentives for the Scottish maritime industry—
‘(1) The Scotland Act 1998 is amended as follows.
(2) In Schedule 5, section E3, the words “Financial assistance for shipping services which start or finish or both outside Scotland” are replaced with “Financial assistance for shipping services which both start and finish outside Scotland.”.’.
New clause 12—Scottish maritime boundaries—
‘(1) In section 126(2) of the 1998 Act, after “Council”, insert “and with the Consent of the Scottish Parliament”.
(2) At the end of section 126(2) insert “A boundary order shall be issued in 2012.”.’.
Mr MacNeil
Throughout our proceedings, we have heard claims from the Tories and the Liberal Democrats that this Bill is the greatest transfer of powers from Westminster to Scotland in more than 300 years. To ensure that it is truly a transfer of powers, I propose several additions that will see the Scottish Government gain more control over Scotland’s maritime future.
We seek to devolve the operation and funding of the Maritime and Coastguard Agency to Scotland, to remove restrictions in the Scotland Act 1998 that prevent the Scottish Government from providing incentives to the shipping industry in Scotland and to ensure that the Scottish Parliament agrees to any movement of the border instigated from London. I am aware that those proposals were not recommended in the Calman commission’s report, but we cannot expect Calman to have thought of everything. Anything might have come from Calman, I suppose, but, of course, it does not matter because the Government have picked and mixed the recommendations as they were made.
New clause 3 was sparked by the Government’s proposals to cut the coastguard service throughout the UK. Those proposals seek to leave three to four co-ordination centres south of the border and only one 24-hour co-ordination centre and one part-time centre in Scotland—there are currently five. The proposals were not meant to be debated in this House and were certainly not presented to the Scottish Parliament. That shows a blatant disrespect not only for the Scottish Parliament and Government but for MPs in this House who, to take my case as an example, will be affected by these decisions.
Through my proposals, we seek to alleviate the financial and administrative burden on the Department for Transport by taking the Scottish portion of the coastguard service out of its realm of responsibility. The decision on the future of the coastguard in Scotland should, rightly, take place in Scotland.
European Union Bill
Debate between Angus Brendan MacNeil and Baroness Primarolo(13 years, 3 months ago)
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The Second Deputy Chairman
Order. Hon. Members are fully aware that only one Member should be on their feet at any one time, rather than everyone standing up and shouting together. Mr Connarty has the Floor. Perhaps Members will bear that in mind, and perhaps they will also bear in mind the clock, in order to ensure that the final Member to be called gets a chance to speak.
Michael Connarty
I certainly will bear that in mind. I am very aware of the clock, and I think—
The Second Deputy Chairman
That is enough. Mr Connarty has the Floor. I ask the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) to be quiet and to listen to the debate.
Points of Order
Debate between Angus Brendan MacNeil and Baroness Primarolo(13 years, 4 months ago)
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Madam Deputy Speaker
I think the Secretary of State and the Government will keep a very close eye on that. The hon. Gentleman is a very experienced Member and knows that any Member can approach the Speaker if he or she believes it necessary for the House to be recalled.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
On a point of order, Madam Deputy Speaker. This morning we were given a written statement on the proposed closure of coastguard offices throughout the UK. Stornoway in my constituency faces losing perhaps 27 jobs relating to a massive sea area. Is there any way in which we can get the Minister to the House, so that Members can cross-examine him and raise their concerns, particularly on the announcement before Christmas of a 14-week consultation period? We need at least an extension of that, and we need the Minister here to answer those points.
Madam Deputy Speaker
I have had no request from a member of the Government with regard to making a statement on that issue. Again, the hon. Gentleman is a very experienced Member, and I have a feeling that he will probably find other ways to make sure that he can raise his point and question a Minister.
Constitutional Law
Debate between Angus Brendan MacNeil and Baroness Primarolo(13 years, 5 months ago)
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Mr MacNeil
To be absolutely honest, I do not recall that, but I am grateful to my hon. Friend for raising it. Presumably, when those ballot papers were being designed someone thought that would not be an issue but lo and behold it did become an issue in Florida and other areas.
The problems I am highlighting could have been avoided if the Government had followed the Electoral Commission’s suggestion of user-testing the new ballot papers. That has already been mentioned. As far as we can tell, the Government have not made any attempt to get the new ballot paper checked. Even the ballot paper in the ill-fated 2007 election was user-tested by at least 100 people. That number was small, given what happened, but better than none and better than what is happening now.
Without independent evaluation, we cannot be sure that the ballot paper will be easily understood and will not lead to confusion. In addition, we will, or could, have an AV referendum on the same day using a slightly different ballot paper and a different design altogether. As none of the ballot papers has been tested independently, we cannot assume that the vast majority—towards 100%—of people will understand these ballot papers, just as I cannot assume that the hon. Member for Midlothian (Mr Hamilton) would understand me if I started speaking in Gaelic. It might make sense to me, but countless others, including the hon. Gentleman, might be left in the dark.
This is not the first time that the Scotland Office will have heard our concerns. [Interruption.] The hon. Gentleman asks me to translate—he probably assumes that I am speaking in Gaelic already. [Interruption.] It is time he learned some.
Madam Deputy Speaker
Order. This is not a private conversation between the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) and the Whip. If the hon. Gentleman addressed the Chamber it would help us all.
Mr MacNeil
I apologise, Madam Deputy Speaker. The hon. Gentleman tempts me unduly.
Since May, we have had difficulty in getting copies of the order. When we did so in June, they were lacking in detail, specifically the previously mentioned ballot forms. We were told we would receive a near final copy of the draft order by the end of June, but we saw nothing until the order was laid before the House on 25 October—the third day of the Committee on the Parliamentary Voting System and Constituencies Bill.
Of the 27 issues we have with the drafting of the order, I shall, as I said, highlight but a few. The heading for part 2 seems to have been lifted from the Representation of the People Act 1983. It is one thing to lift a title when it has something to do with the order, but when—as in this case—the title has little or nothing at all to do with our elections, copying it from the Act misses the fact that the order contains no provisions on the franchise. There is no separate Scottish parliamentary election franchise; the franchise for voting at an election to the Scottish Parliament is in section 11 of the Scotland Act 1998. Nothing in the order can add anything to those provisions, or take anything away from them, given the extent of the order-making power under section 12(1) of the Scotland Act. The franchise is contained in primary legislation enacted by the UK Parliament rather than in an Act of the Scottish Parliament or other secondary legislation.
The heading should reflect the actual content of part 2, not the legislation it happens to have been adapted from. In this context, the “Oxford English Dictionary” defines “franchise” as:
“The right or privilege of voting in public elections—especially for members of a legislative body.”
Provisions on the electoral register relate simply to the mechanisms for the exercise of the right, not to the right itself.
Under article 43, the translation of the new limits for Westminster elections could lead to unforeseen campaign finance consequences. We note that if the Parliamentary Voting System and Constituencies Bill becomes law, there will be a combined ballot in May 2011. As highlighted by the Channel 4 News and Bureau of Investigative Journalism inquiry into certain expenses incurred in the 2010 general election, the attribution of expenses between different electoral events can be subject to a number of interpretations. That opens up the possibility that the expenses limit attributable to the referendum could be used to circumvent the limitation of election expenses at both candidate and party level—perhaps a loophole.
It has been noted that in the event of a combined election, with the main political parties in Scotland all making the necessary declarations to become permitted participants, the Conservative party may be able to spend £5 million, the Labour and Liberal Democrat parties £4 million and the SNP £500,000. It is entirely possible that the PVSC Bill will not have received Royal Assent before 5 January 2011, which marks the start of the regulated periods for the Scottish Parliament elections. If that is the case, referendum expenditure at that point will be unregulated, as the referendum period under the Bill commences on Royal Assent. As I have said, the SI could create a massive financial loophole for campaign spending.
In article 88 of the draft order, it seems that the Scottish Parliament Corporate Body was not consulted regarding the date of Dissolution. In 2002, when changes being made to the 1999 order reduced the Dissolution period for the Scottish Parliament from 25 days to 21 days, that process was subject to consultation and, indeed, discussion. We are having trouble finding any evidence of the same happening with this draft order. As we all know, article 88 changes the number of working days in the Parliament. It is my hope that someone from the Scotland Office was in close contact with the Scottish Government or Parliament. Can we have some confirmation that agreement was sought from the Scottish Parliament or the Government for the change?
The entire process has been devoid of political party consultation, which, believe it or not, is important. Our parties, across the House and the devolved legislatures, have the experience and knowledge to help draft election legislation. Would the Government not consult the construction industry on legislation related to it? Why then have we had such a hard time in getting information and consultation on this particular order?
One might wonder why we need to be consulted. Surely the lack of political parties in the elections process would be welcome. However, the Gould report stated:
“Electoral legislation—especially in a fragmented legislative environment—is nuanced and dense. Understanding is usually built up through years of experience ‘on the ground’, whether as an administrator or a party activist. This understanding is difficult to develop on a purely intellectual level, which is why practitioner input is vital.”
The Government have rushed through Parliament all aspects of the legislation relating to elections in Scotland. This has led to the drastic addition of critical amendments on the hoof. We have not been able to study these issues properly, and we can expect that more amendments will be pushed through the House of Lords before the process is over.
Parliamentary Voting System and Constituencies Bill
Debate between Angus Brendan MacNeil and Baroness Primarolo(13 years, 5 months ago)
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Mr MacNeil
The hon. Lady mentions the 1980s, the poll tax and Thatcherism. Would she not have preferred to have had an independent Scotland, and not had Margaret Thatcher and the poll tax?
Madam Deputy Speaker
Order. This is getting a little out of hand. Can we come back to the amendments? I am sure that is what the hon. Member for Glasgow East (Margaret Curran) is going to do.
Parliamentary Voting System and Constituencies Bill
Debate between Angus Brendan MacNeil and Baroness Primarolo(13 years, 6 months ago)
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The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
Order. Before the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) intervenes, may I remind the Committee that we are not discussing AV versus first past the post? We are debating a particular form in this amendment, and we are now drifting away from that a little. Perhaps we could come back to it.
