Draft Scotland Clauses

Debate between David Mundell and Cathy Jamieson

Thursday 22nd January 2015 Commons Chamber

[David Mundell]

The hon. Lady obviously did not hear my response to the former Chancellor, the right hon. Member for Edinburgh South West (Mr Darling). As my right hon. Friend the Chancellor indicated earlier this week, the Budget will be framed in a different way after powers have been transferred to Scotland. It is wholly appropriate to hold a discussion and debate on matters that apply solely to England, or to England and Wales, about who makes decisions in that regard.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I would like to press the Minister slightly further on the response he gave to my hon. Friend the Member for Airdrie and Shotts (Pamela Nash). At some stage the Budget has to be taken as a whole entity, because it has implications right across the UK. It was clearly the intent of the Smith Commission that all Scottish MPs would have a vote on that Budget. Will the Minister give a simple yes or no answer: will that now happen?

[David Mundell]

I made that very clear in my previous answers. What I welcome from both hon. Ladies is a willingness to engage in the debate on which MPs should vote on which matters. It is disappointing that the Opposition more widely have not been prepared to engage with the Command Paper and the debate instigated by my right hon. Friend the Leader of the House. Let us have that debate on the governance of England and let us all make our contributions to it.

Oral Answers to Questions

Debate between David Mundell and Cathy Jamieson

Wednesday 15th October 2014 Commons Chamber

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

1. When the Joint Ministerial Committee next plans to meet; and what will be discussed at that meeting.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

The Joint Ministerial Committee is an important mechanism for the UK Government and the devolved Administrations to discuss shared priorities and matters of mutual interest. The European session of the JMC met on Monday 13 October.

[Cathy Jamieson]

Given that all parties now want to see further devolution to Scotland, does he agree that it is time for a review of how that Committee operates and how we can strengthen the way in which the Scottish Parliament, the UK Parliament, the Scottish Government and the UK Government work together in the best interests of the people of Scotland?

[David Mundell]

I absolutely agree with the hon. Lady. I hope that discussion about the relationship between Scotland’s two Governments will be part of the outcome of the Smith commission’s work; if not, I am sure it will form part of future debate in this House and elsewhere.

Oral Answers to Questions

Debate between David Mundell and Cathy Jamieson

Wednesday 9th January 2013 Commons Chamber

[David Mundell]

I agree that the deferral of Labour’s planned duty rise in April this year will mean that fuel will be 13p a litre cheaper than it would have been under a Labour Government.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I welcome the Government’s listening to our call to stop the rise. However, what discussion has the Minister had with the Scottish Government about what assistance can be given to small independent petrol retailers, particularly in rural areas, to ensure that people living in those areas, and not just those who live in urban areas, are able to take advantage of decent pricing?

[David Mundell]

The hon. Lady makes an important point. At the end of this month I will meet fuel distributors and MPs from rural areas, and she is very welcome to join that meeting to discuss fuel prices and fuel distribution in rural areas.

Unemployment in Scotland

Debate between David Mundell and Cathy Jamieson

Wednesday 5th December 2012 Westminster Hall

[David Mundell]

On that point, the hon. Lady may be aware that the Secretary of State has announced that there will be a Scottish Employability Forum, which will bring together the Scottish Secretary, the Scottish Government represented by John Swinney, the Convention of Scottish Local Authorities represented by Councillor Harry McGuigan from North Lanarkshire council and a range of other stakeholders. That forum will address exactly the issues highlighted by her and the hon. Member for West Dunbartonshire (Gemma Doyle). It will ensure that the two Governments and local government, which was mentioned by the hon. Member for West Dunbartonshire, actually work together; local government has an extremely important role. I therefore believe that there is significant progress.

[Cathy Jamieson]

I welcome what the Minister says. However, to pick up the point made by my hon. Friend the Member for West Dunbartonshire, for many people currently out of work, the issue is not employability, because they are employable and are desperate to be employed; the simple problem is that the jobs are not there.

To return to the figures, with some 366 people chasing every vacancy in East Ayrshire, one person gets the job, while the other 365 are employable, want to work and are desperate to get that start. They are desperate either to get their foot in the door by having a first job or to return to work to support their family. That has to be considered, and the question is how firms can be encouraged to take people on and to expand. There is still more that both the Scottish Government and the UK Government could do, and they should look to build on the successful companies that exist and, wherever possible, to maintain and save jobs. In that context, I hope that the Minister will offer his support for ways of helping to retain the jobs currently under threat in my constituency.

I have probably taken up my fair share of time. I welcome the opportunity to speak in this debate. I again make the plea that both Governments should recognise that this issue is about people’s real-life situations; it is not a political football to be battered back and forth.

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[David Mundell]

Indeed. I will leave the economy to my colleague the Chancellor, who will no doubt respond to the exact issue raised by the hon. Member for Livingston (Graeme Morrice).

Some important points have been raised, and hon. Members have taken the opportunity to highlight what is being done in their local authority areas. We have to recognise what an important role local government plays in taking forward the jobs agenda.

I am pleased to confirm the work of the Scottish Employability Forum. Although the title includes the word “employability,” the forum actually focuses on all employment issues, because as the hon. Member for Glasgow North (Ann McKechin) made clear in an intervention, things are not working as well as they could be for the Scottish Government in their partnerships with both local government and the UK Government. In fact, people in the Work programme in Scotland are being refused training, which is a great concern to us all.

[Cathy Jamieson]

I thank the Minister for confirming that the Scottish Employability Forum will consider all aspects of employment. Will he give us further information on any specific actions that that forum will take? When will the forum report, and when will it make recommendations on its outcomes?

[David Mundell]

The forum will meet for the first time early in the new year, and its prime focus will be to co-ordinate the different interests and to ensure that there is a seamless programme of support for people looking for work, thereby ensuring that they are neither passed around nor a victim of conflicting agendas. The forum has an important role to play, because it is quite clear that we have to bring together more close working.

I am concerned about a couple of issues that were raised.

Referendum (Scotland)

Debate between David Mundell and Cathy Jamieson

Monday 15th October 2012 Commons Chamber

[David Mundell]

Clearly, all Acts of the Scottish Parliament can be subjected to legal challenge. It is quite clear, however, that were the Scottish Government to reject the views of the Electoral Commission concerning the question—the latter having carried out the thorough scrutiny it has done for previous referendum questions—they would pay a high political price, and the hon. Gentleman and others, in this House and the Scottish Parliament, would waste no time in pointing that out to the Scottish people.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I wish briefly to return to the issue of the franchise. In the detailed discussions that have taken place, was any account taken of the experience in Scotland of the health board elections in relation to under-18s? Does the Minister agree that it is incumbent on the Scottish Government to say exactly what the franchise would be—whether it would include all 16 and 17-year-olds or be done on the basis of the current electoral register?

[David Mundell]

I absolutely agree with the hon. Lady: it is now incumbent on the Scottish Government to come forward with their proposals. It is also incumbent on those who have a view on the matter to take the debate to Scotland and the Scottish Parliament. I hope that this issue will show the Scottish Parliament at its best, scrutinising in great detail the proposals that are brought forward and giving a fair and objective assessment of them.

Oral Answers to Questions

Debate between David Mundell and Cathy Jamieson

Wednesday 11th January 2012 Commons Chamber

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

5. What assessment he has made of the effect of the autumn statement on levels of poverty in Scotland.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

The Government took action at the autumn statement to build a stronger and more balanced economy. As a result, more than £500 million has been added to the existing Scottish budget by the UK Government, which provides the Scottish Government with additional resources in these uncertain times.

[Cathy Jamieson]

I thank the Minister for that answer. Does he agree that one of the most important ways of tackling poverty is ensuring full employment? Does he therefore share my concern that Mahle Engine Systems in my constituency seems set to remove jobs from an area hit by high unemployment, taking those jobs out of Scotland and out of the UK?

[David Mundell]

I would be very disappointed if that were the case. I know that the hon. Lady is a doughty campaigner for employment in her constituency. We must continue to stress the benefits of employers remaining in Scotland, which is why the current constitutional uncertainty is so damaging.

Public Sector Pensions

Debate between David Mundell and Cathy Jamieson

Thursday 8th December 2011 Commons Chamber

[David Mundell]

The hon. Gentleman makes a valid point. It reinforces what all of us who are aware of day-to-day Scottish politics know, which is that the SNP Government in Scotland speak with one word but their deeds are quite different.

I return to what I was discussing before the interventions. The Government accepted Lord Hutton’s recommendations in full and can reassure the House that the reformed public—

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

The Minister has made much of Hutton’s report and fairness, but does he not agree it seems odd that the Government jumped the gun by announcing the 3% increase before Hutton’s final report? How does that demonstrate fairness?

[David Mundell]

I know that the hon. Lady was not in the House at the time, but the 3% figure is broadly equivalent to the sum that her Government had identified in the pre-Budget report in 2009.

Scotland Bill

Debate between David Mundell and Cathy Jamieson

Tuesday 15th March 2011 Commons Chamber

[David Mundell]

The hon. Gentleman has proposed a very specific change to the electoral system for the Scottish Parliament. It would mean that two Members would be elected from each constituency other than the three constituencies that have been identified. Although it seems to suggest that everyone would have two votes in those three constituencies, the new clause does not appear to show what would happen to the second of their votes. He has set out his intentions in this debate, but the provisions are technically defective. However, I advise him, and the Opposition Members who have expressed clear views about how they would change the electoral system for the Scottish Parliament, to take part in any review that is forthcoming on the nature of that electoral system. That is one basis on which the Government reject the new clauses.

[Cathy Jamieson]

I am listening to the Minister with interest. Is he actually offering that very review that he is talking about? If so, when will it take place?

[David Mundell]

The date of the next Scottish Parliament election has changed as a result of the Fixed-term Parliaments Bill, and the Government have indicated that a review of the implications for the Scottish Parliament will be required. A review of the voting system for the Scottish Parliament elections could form part of a wider review of issues relating to the Scottish Parliament.

Scotland Bill

Debate between David Mundell and Cathy Jamieson

Monday 7th March 2011 Commons Chamber

[David Mundell]

The Government are looking forward to the debate in the Scottish Parliament later this week when it will consider the legislative consent motion coming forward from the Bill Committee. It will be very interesting to see how the SNP votes in that debate.

Clause 1 transfers to Scottish Ministers certain Executive functions relating to the administration of Scottish Parliament elections that are currently the responsibility of the Secretary of State. Members will wish to note that the Bill Committee in the Scottish Parliament accepted this provision in its report on the Bill. However, as has been mentioned, the report also asked for consideration of a number of related issues such as the procedure for filling any regional seat vacancy during the life of a Parliament, the rules relating to disqualification, and reciprocal consultation. I wish to reaffirm that the written statement from the Secretary of State makes clear our commitment carefully to consider those recommendations, including those relating to this clause. The Scottish Parliament will vote on the Bill on Thursday, and we await the outcome of that vote.

The clause will enable Scottish Ministers to make general provision by order for the conduct and administration of elections to Holyrood, subject only to some necessary constraints. This power includes making provision about supply or otherwise dealing with the electoral register, the combination of Scottish Parliament elections with other elections falling within the legislative competence of the Parliament, and limitation of candidates’ election expenses. However, some elements of the powers will remain the function of the Secretary of State—that is, the franchise and the power to combine Scottish Parliament elections with other reserved elections. That will ensure that issues of constitutional importance continue to be dealt with by the UK Parliament. The Scotland Bill Committee in the Scottish Parliament recognised and accepted the continued reservation of those matters.

Amendment 10, as the hon. Member for Rutherglen and Hamilton West said, would require Scottish Ministers’ first conduct order under the new powers to include provision requiring returning officers to start the count at Scottish Parliament elections within four hours of the close of the poll, or to publish a statement explaining why they were unable to do so. It is important to clarify at this point that the amendment would not apply to the 2011 Scottish Parliament elections.

I recognise the strength of feeling on this issue, which has been set out eloquently by the right hon. Member for Stirling (Mrs McGuire), the hon. Member for Linlithgow and East Falkirk (Michael Connarty) and my hon. Friend the Member for Epping Forest (Mrs Laing). The drama and excitement of election night and the wish to know the election result as soon as possible are vital parts of our political heritage. I want returning officers to listen to what has been said in this debate. As hon. Members who represent Scottish constituencies know, Mary Pitcaithly, the chairman of the Electoral Management Board for Scotland, will be available to Scottish MPs to discuss the arrangements for the forthcoming Scottish elections at a meeting at the Scotland Office later this week. I am sure that the point about overnight counts will again be forcefully made.

In a recent response to the hon. Member for Rutherglen and Hamilton West, I suggested that he and his colleagues should lobby for overnight counts. I had noticed that the counts in Conservative-led council areas such as Dumfries and Galloway, Scottish Borders and South Ayrshire were scheduled to be overnight counts, and that Labour predominated in the council areas that were on the list of counts scheduled to happen the following day. I therefore thought that he might be able to bring more influence to bear than I in those areas.

[Cathy Jamieson]

I hear what the Minister is saying, but does he not agree that the best way to ensure that overnight counts take place is to pass the amendment and put it in the Bill, rather than simply exhorting to people and leaving the discretion to them?

[David Mundell]

The hon. Lady cannot have heard me say that the amendment would not apply to the 2011 election. I am surprised that she, of all people, takes the view that when we are devolving powers to the Scottish Parliament on this matter, we should curtail them. Once the powers have been devolved, it will be perfectly possible for the Scottish Parliament to take account of the representations that have been made from certain quarters, where there is clearly an equally strong feeling about overnight counts. Passing this amendment would be contrary to the spirit of devolving responsibility for these matters to the Scottish Parliament. I certainly hope that we will not see support from the Scottish National party for such curtailment of a newly devolved power.

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[David Mundell]

The hon. Member for Midlothian (Mr Hamilton) tempts me to answer that it is a secret, but it is not. Rather, it is part of the full legislative scrutiny of the Bill. As I suggested earlier, and as the Secretary of State’s written ministerial statement suggested, we take the issues raised by the Committee, and the specific issues raised in relation to the clause, very seriously.

[Cathy Jamieson]

It might be helpful for those who are not au fait with all the technicalities if the Minister confirms that these specific clauses are not dealt with in the legislative consent motion that will be debated in the Scottish Parliament on Thursday, and that a further LCM will be required.

[David Mundell]

That is a helpful intervention, because the LCM that will come before the Scottish Parliament this week relates to the Bill as published, and as scrutinised by that Parliament’s Committee—and also by this House. The LCM the Committee promotes suggests that if there are significant changes to the Bill—and, of course, the proposed amendments to section 57(2) of the 1998 Act would be significant—there would be another legislative consent process with the Scottish Parliament. The Government are clear in that regard. Also, as I understand it, the Scottish Government do not support the LCM promoted by the Committee.

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[David Mundell]

I certainly would not want the Committee to be misled by anything that I said. I referred to the paragraphs in the Scotland Bill Committee report, where it is clear that the Committee formed the view that it did. It is also clear that the Scottish Government have come forward with an LCM that supports this clause as it stands.

Clause 11 devolves a power to the Scottish Parliament in relation to the regulation of air weapons. This would enable the Scottish Parliament to legislate, if it wished, to create a separate regulatory regime for air weapons in Scotland. Members will wish to note that, as I said, the Bill Committee in the Scottish Parliament accepted the provision, and we wait to see the outcome of the debate on its LCM and the LCM proposed by the Scottish Government.

After careful consideration, the Calman commission concluded that firearms law should not be devolved in full. It is generally acknowledged that the UK already has some of the toughest firearm controls in the world and that the current unified regime represents the best way of tackling the problems that exist in relation to armed crime. The commission did recommend devolving power over a specific category—air weapons. The Government agree with this recommendation. Air weapons are the type of guns most often involved in firearms offences, and given the nature of their misuse most frequently to cause criminal damage, as we have heard, they are best controlled at the level closest to those affected. Reference was made to the specifics of the recent incident in Auchinleck, which demonstrated and reaffirmed the continuing concern in Scotland about the use of air weapons.

[Cathy Jamieson]

Given the Minister’s comments, will he make it clear for the record that if the clause goes through and the Bill is passed, a future Scottish Parliament could, if it wished, ban air weapons completely?

[David Mundell]

The hon. Lady makes an important point that also relates to the concerns of my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown). In fact, passing the clause will not in itself ban air weapons of the category defined in Scotland. That is a point that I want to make to my hon. Friend.

[Cathy Jamieson]

I appreciate that, but the point I was trying to get at, although perhaps I did not make myself clear enough, was whether, if the Bill is passed, the Scottish Parliament could enact a complete ban on air weapons if it chose to do so.

[David Mundell]

The Scottish Parliament will be able to enact a complete ban on air weapons that fall within the definition. The important point for colleagues such as my hon. Friend is that those who do not agree with that course of action will be able to argue their case in the Scottish Parliament. The hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) set out a strong case on the basis of her considerable experience, respected views and strong beliefs. I felt that my hon. Friend also set out a strong view, although Opposition Members and indeed Members of my party in the Scottish Parliament might not subscribe to it. It is important that people who hold such views move the argument on to the Scottish Parliament if the clause is agreed to, because that is the appropriate place for the debate to take place.

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[David Mundell]

I will come on to that later in my remarks. We are satisfied that the definition, as set out in this legislation, is appropriate to deal with the issues raised by the Calman commission.

[Cathy Jamieson]

Given my concern about BB guns, will the Minister answer the question that I posed about whether he has had any discussions with the Home Office on that matter? Is there a way to ensure that the Scottish Parliament can deal with that problem?

[David Mundell]

The hon. Lady has just under three weeks to raise that issue in the Scottish Parliament in her capacity as a Member of that Parliament. On a UK basis, I am happy to undertake to raise with the Home Secretary the concerns that she has set out this evening.

Constitutional Law

Debate between David Mundell and Cathy Jamieson

Wednesday 24th November 2010 Commons Chamber

[David Mundell]

As the hon. Gentleman knows, this is a coalition in the Westminster Parliament, and the arrangement in that coalition was that there should be a referendum on AV as the United Kingdom voting system. I wish that his colleagues in the Scottish Parliament had perhaps pressed more strongly in their own coalition negotiations for a referendum to be the requirement for the introduction of STV for local government in Scotland.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I thank the right hon. Gentleman for so generously giving way. If he is so keen on the Scottish Parliament making strong representations, what account is he taking of the strong recommendation from the Scottish Parliament that the referendum and the election should not take place on the same day?

[David Mundell]

The hon. Lady will be pleased to know that I read in detail the debate that took place in the Scottish Parliament on this subject. The hon. Member for Glasgow East (Margaret Curran) was able to bring to that debate her reflections on her time in Westminster. I am sure that even she would recognise that during the course of that debate, nothing was said that had not already been said in this Parliament in the debate on the Parliamentary Voting System and Constituencies Bill. No new argument was made by that day’s coalition of Labour and Scottish National party Members.

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[David Mundell]

Mr Ron Gould provided an authoritative report that is reflected in the order and in the subsequent Scottish Affairs Select Committee inquiry, but not everything that he said at the time was taken forward. As I said to the former Minister, the hon. Member for Inverclyde (David Cairns), the previous Government’s choice of proposals not to be taken forward was quite right.

[Cathy Jamieson]

I want to ask the Minister for absolute clarity on this. He has cited the Scottish Affairs Select Committee a number of times. Does he accept that Ron Gould did not tell the Committee that it was a good thing to hold the two elections on the same day? He said it would be possible to do it, but he did not endorse it.

[David Mundell]

I think that I have quoted Mr Gould in full, and I think he is quite clear—

Oral Answers to Questions

Debate between David Mundell and Cathy Jamieson

Wednesday 27th October 2010 Commons Chamber

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

1. What recent discussions he has had with the Secretary of State for Business, Innovation and Skills on the future provision of services currently provided by Consumer Focus Scotland.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

The Government carried out a review of the landscape of consumer protection bodies and will publish a consultation early next year with proposals to streamline and transfer the functions of Consumer Focus Scotland to Citizens Advice Scotland.

[Cathy Jamieson]

I thank the Minister for his answer. I know that he will be aware of the significant work done by Consumer Focus Scotland and indeed of the very worthy work of citizens rights bureaux in Scotland in upholding citizens’ rights. A report published today highlights one trend of serious concern: the number of people approaching citizens advice bureaux regarding employment support allowance has almost doubled in the last 12 months. In the light of the damaging cuts to the welfare budget announced last week and the significant additional pressures it will put on citizens advice bureaux, what discussions have the Minister and Secretary of State had directly with Citizens Advice Scotland regarding the transfer of these functions?

[David Mundell]

The Scotland Office has been in dialogue with Citizens Advice Scotland—and, indeed, with the Scottish Government—about the services it currently provides and those it will provide if the functions from Consumer Focus Scotland are transferred to it. The hon. Lady makes an important point about the provision of advice, not just about the benefit she mentioned, but about all benefits.