David Amess
Main Page: David Amess (Conservative - Southend West)Department Debates - View all David Amess's debates with the Scotland Office
(8 years, 9 months ago)
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The Temporary Chair (Sir David Amess)
Order. I was about to say that five hon. Members were seeking to catch my eye, but now it seems that there are about six or seven. We must also hear from the Secretary of State, and the knife will fall at 8.37 pm. May I ask colleagues to bear that in mind, so that I can call everyone?
John Pugh
I shall be brief, Sir David.
I wish to speak to new clause 56, which Members who survey it will acknowledge is a modest and rational proposal. The Smith commission was minded to make abortion a devolved matter, and the new clause would align the Bill with that intention. It would allow a similar level of devolution to that in Northern Ireland and give the Scottish Parliament the same rights as it has with regard to euthanasia and nearly every other health matter.
There are two reasons for the new clause, one negative and one positive. The positive reason is that the Scottish Parliament and Scottish politicians have proved themselves eminently capable of debating thorny, complex and controversial moral topics without acrimony, maturely, lucidly and in an evidence-based way. That was shown in the recent Scottish Parliament debate on euthanasia. We acknowledge that a Scottish life is worth no more and no less than any other life, but regulating how and when life is terminated in Scotland can justifiably be done in the Scottish Parliament by Scottish authority. It is regulated differently by all nations in Europe.
I rebut entirely the allegation that the hon. Member for Edinburgh South (Ian Murray) made that a decision might not be taken in the light of robust medical evidence. The Scottish Parliament would certainly take such evidence into account, but that allegation illustrated the negative reason for the new clause. Debates in this place on any change in abortion regulation, however minor, become polarised horribly and quickly. If abortion is mentioned, up go the barricades to defend the right to life or the right to choose. On no other issue is there such a dialogue of the deaf in this Chamber, with the slightest concession to one side being seen as enabling the wholesale destruction of the other. We witnessed the recent debate on gender discrimination in abortion, during which there was total agreement throughout the Chamber but total stalemate at the end of the day.
The situation is certainly complicated by the fact that Members have wider agendas. That does not particularly help, because people suspect ulterior motives, but to be fair, it is normal in any debate and should not hamper or inhibit the discussion of issues such as gender discrimination in abortion, the advice given to people seeking an abortion or time limits on abortion. It should not, but it evidently and repeatedly does. The House is normally left defending the Abortion Act 1967—with all its weakness, which are acknowledged even by some of its major proponents—as though it were holy writ.
I am charitable enough to think that Scotland, despite its Calvinist past, is not quite so fundamentalist in that respect. Whatever its current values, in the light of the best available evidence it could cope with something a little more sophisticated than our tribal deliberations here, which are laden with history and suspicion. It could frame regulation that, although it would not satisfy every conscience, would at least suit the times and fit the facts. I would sincerely welcome the views of the Government and the Scottish nationalists on the new clause, and I would welcome the Scottish dimension.
Mr MacNeil
On a point of order, Mr Amess. The Secretary of State has named me and my constituency. Do I not have the right to intervene on him?
The Temporary Chair (Sir David Amess)
That is not a point of order; that is a point of debate.
David Mundell
There has been considerable discussion on the Bill. I want to concentrate on a few of the very important issues that have been raised.
The devolution of managing the Crown Estate’s wholly owned assets in Scotland, the revenue arising from those assets and the competence to legislate on those management functions was a significant and important element in the debate on the clause 31 group. The clause gives effect to the Smith commission. It allows for the Scottish Crown Estate’s assets to be managed by the Scottish Government or such other person nominated by them, and that the Scottish Government should receive the revenue from the management of those assets. Going forward, the clause means that the Scottish Parliament will have the competence to legislate for the management of those assets. It provides for the protections envisaged by the Smith commission to ensure the transfer is not detrimental to defence or other UK-wide critical national infrastructure.
I am not in favour of the approach taken in new clause 57. I will explain why. It enables the Scottish Parliament to legislate on the Crown Estate Commissioners, which was not agreed by the Smith commission. It does not provide for the important protections for national security and vital UK-wide infrastructure, and it does not protect Scottish Crown Estate employees who are so vital to ensuring that we transfer the Crown Estate in Scotland as a viable, ongoing enterprise.
I actually agree with the right hon. Member for Gordon (Alex Salmond) on something—this is quite an occasion—because I do not believe that what the Scottish Parliament is required to do in its management of the Crown Estate should be prescribed. I do not accept it is appropriate to table an amendment that suggests what further devolution should take place in Scotland. I have complete confidence in the Scottish Parliament to determine that in an appropriate way.
Let me say in response to the Opposition’s amendment 52 that we believe it is right for the responsibilities to be transferred to Scottish Ministers. The Scottish Parliament is a legislative rather than an Executive body, and for that reason it is not equipped to undertake the management functions that are currently exercised by the Crown Estate Commissioners.
I can assure the Committee, in response to amendments 125 and 126, that the sovereign grant paid to Her Majesty the Queen will not be reduced as a result of devolution of the Crown Estate to Scotland and that Scotland will continue to contribute to the sovereign grant. The annual amount of the sovereign grant is determined in accordance with a formula that is based on the revenues received from the Crown Estate Commissioners. However, there is a mechanism to ensure that the value of the sovereign grant cannot fall below the amount from the previous year. The changes made in the Scotland Bill will not and cannot cause the sovereign grant to reduce. Even though management of the Scottish assets and revenues from those assets are to be devolved, Scottish taxpayers will continue to contribute to the grant, through the contributions to the Consolidated Fund.
The Minister of State, Department of Energy and Climate Change (Andrea Leadsom)
Thank you, Sir David. It is a great pleasure to be introducing these clauses. Clauses 46 and 47 deliver the Smith commission agreement and provide Scottish Ministers with greater influence over the strategic direction—[Interruption.]
The Temporary Chairman
Order. Members owe the Minister the courtesy of leaving the Chamber quietly.
Andrea Leadsom
Thank you, Sir David.
Clauses 46 and 47 deliver the Smith commission agreement and provide Scottish Ministers with greater influence over the strategic direction of the Commissioners of Northern Lighthouses and of MG Alba. They achieve that by enabling Scottish Ministers to appoint a member of the Northern Lighthouse Board and by giving Scottish Ministers the power to approve Ofcom appointments to MG Alba.
Clause 48 provides that the Secretary of State will be required to consult Scottish Ministers when setting the strategic priorities in relation to the exercise of functions in Scotland regarding the activities of Her Majesty’s Coastguard and the safety standards of ships. These functions are exercisable by the Secretary of State for Transport, but are in practice carried out in the UK by the Maritime and Coastguard Agency, an Executive agency of the Department for Transport.
The Smith commission agreement was explicit in the devolution of the power to allow public sector operators to bid for rail franchises funded and specified by Scottish Ministers, and clause 49 achieves that.
Clauses 50, 51 and 52 implement the Smith commission agreement and devolve design and implementation powers relating to energy efficiency and fuel poverty to Scottish Ministers, while reserving responsibility for the overarching aspects that affect all consumers in Great Britain, such as scale, costs and apportionment of obligations, as well as the obligated parties. The clauses contain safeguards to give effect to the Smith commission agreement that the devolution of these powers
“be implemented in a way that is not to the detriment of the rest of the UK or to the UK’s international obligations and commitments on energy efficiency and climate change.”
It is the Government’s position that such provisions are necessary. Specifically, we believe that it would be in the interests of UK and Scottish Ministers that the benefits provided to consumers in one part of Great Britain should be proportionate to the costs on consumers in that part of Great Britain.
Scottish Ministers should be able to design supplier obligations for Scotland, but costs should be proportionate across regions, removing the possibility of competitive distortions and cross-subsidy by consumers across Great Britain. We will look at ways of making the costs of obligations clear and equitable between Scotland and the rest of Great Britain.
Clause 53 creates a formal consultative role for Scottish Ministers in the design of renewable electricity incentive schemes that will apply in Scotland. Clause 54 will enable Scottish Ministers to take decisions on safety zones for renewable energy installations in Scottish waters by making Scottish Ministers the appropriate Ministers, and it will enable them to take responsibility for ensuring that offshore renewable energy installations are removed or decommissioned at the end of their useful life. It ensures that consent to and decommissioning of offshore renewable energy installations and the management of Crown Estate assets in relation to such installations are the responsibility of Scottish Ministers, rather than being divided between Scottish Ministers and the Secretary of State.
Clause 55 delivers the Smith commission agreement by devolving to Scottish Ministers, when acting jointly with the Secretary of State, the power to require the Competition and Markets Authority to carry out a market investigation reference when they suspect that features of a market are preventing, restricting or distorting competition. Clause 56 requires Scottish Ministers to lay Ofgem’s annual report and accounts before the Scottish Parliament. To enable that, it ensures that copies will be provided to Scottish Ministers.
Clause 57 gives effect to two key elements of paragraph 38 of the Smith commission agreement relating to Ofcom. It gives Scottish Ministers the power to appoint one member to the Ofcom board to represent the interests of Scotland, and it requires Ofcom’s annual report and accounts to be laid before the Scottish Parliament. Clause 58 gives effect to paragraphs 39, 40 and 41 of the Smith commission agreement relating to the appearance of the Northern Lighthouse Board, Ofcom and Ofgem before the Scottish Parliament on matters relating to Scotland.
Finally, part 7 contains standard technical clauses, including general provisions associated with the Bill, such as transitional provisions, commencement arrangements and the short title.
Drew Hendry
Has the hon. Gentleman studied the document by the Commission on Strengthening Local Democracy in Scotland? It was a cross-party and civic society exercise in examining how Scotland might go forward. In fact, I as an SNP member was a signatory and co-author of that document and was on the commission.
The Temporary Chair (Sir David Amess)
Order. Before the hon. Member for Nottingham North (Mr Allen) responds to that intervention, I would be grateful if he drew his remarks more closely to the amendments under discussion.
The Temporary Chair (Sir David Amess)
Order. This is very ingenious, but I would be grateful if the hon. Gentleman kindly related his remarks to the amendments before us.
Mr Allen
Certainly, Sir David. You are right to admonish the hon. Gentleman for trying to lure me, yet again, into discussing local government, which I would not wish to do. Although I worked hard to table eight new clauses on Scottish local government, it is probably of no concern to this Committee, which seems to regard it as an irrelevance. I think that that is mistaken, because local government is key to devolution in Scotland and in England, Wales and Northern Ireland.
To get back to the plot, Sir David, Lord Smith referred strongly in the foreword to his report to the need for localism in the further devolution of powers. He was very clear about that. If Members in all parties, collectively, can be clear about that too, we will see that each nation of the United Kingdom can be governed much more effectively when as much power as is humanly possible is given to the appropriate level. That includes not just Parliaments, Assemblies and Executives, but local government and—to pick up the very good point made by the hon. Member for Inverness, Nairn, Badenoch and Strathspey—beyond that, through double devolution, to neighbourhoods and communities, which can deliver many of the services that are currently over-centralised in Westminster, Whitehall and Holyrood.
I have tabled two of the new clauses in this group. New clause 50 concerns, in effect, a Bill of Rights. Earlier in the passage of the Bill, when I think you were in the Chair, Sir David, I suggested that the Scottish Parliament should continue with the Human Rights Act 1998, regardless of what this place does anywhere else in the United Kingdom. That Act should be safeguarded. I would go further, as I do in new clause 50. Human rights, as defined by the European convention on human rights, are very important. They are the fundamental block on which our liberties and freedoms rest, as I said in our earlier debates.
The issue of human rights could be taken further in Scotland through a discussion of economic and social rights. That is not an easy area, but it is perfectly possible for Scotland to lead in it. As the Scotland Bill is before the House, I have taken the opportunity to suggest that the Scottish Parliament could be a strong advocate of those rights. In the run-up to the elections next May, all parties in the Scottish Parliament should have a view on whether we can take human rights that one step further in one nation of the Union, even if human rights are being deferred, delayed and eroded in other parts of the United Kingdom.
One of the beauties of a federal system is that one part can pioneer and lead when other parts lag behind. The Minister knows that well from her experience of pushing forward ideas about early intervention and the treatment of children. She knows that if she works hard in her area, or if someone in one American state pioneers something, it is there as an example for everyone else to pick up as and when resources allow. A varied ecology allows our politics to thrive and grow, and it is the antithesis of an over-centralised state based in Whitehall that tells everybody what to do whether they are in Nottingham, Aberdeen or Cardiff.
Wayne David
We have heard a great deal about the fact there are 56 SNP Members. We are debating the Scotland Bill, so where are they? There are fewer than a dozen SNP Members in the Chamber. So much for being the voice of Scotland! [Interruption.]
The Temporary Chair (Sir David Amess)
Order. Before the hon. Member for Nottingham North (Mr Allen) responds to that intervention, may I remind the Committee that the knife falls at 10 pm, and other hon. Members wish to speak? I have been very lax in allowing Members to drift on to the third group, which is not for discussion. I would ask the hon. Gentleman to draw his remarks much more closely to the amendments.