Oral Answers to Questions

Greg Smith Excerpts

Wednesday 3rd November 2021 Commons Chamber

[Greg Smith (Buckingham) (Con)]

7. What discussions he has had with Cabinet colleagues on the legislative competence of the Scottish Parliament.

[The Secretary of State for Scotland (Mr Alister Jack)]

I have frequent conversations with Cabinet colleagues about maintaining and strengthening the devolution settlement and ensuring that the Government’s focus is on delivering for Scotland. It is important that all legislation clearly reflects the competence and roles of Scotland’s two Parliaments and two Governments.

[Greg Smith]

Does my right hon. Friend agree that the key issue here is the need for the Scottish Government to exercise their existing powers more effectively, rather than asking for new powers or seeking to go outside the realms of the Scotland Act 1998?

[Mr Jack]

As my hon. Friend will know, we routinely engage with the Scottish Government on the use of devolved powers. It is in the interests of citizens across the UK for both Governments to operate within their respective powers, as set out in the Scotland Act. That is why I informed the Deputy First Minister back in March that I felt that the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and the European Charter of Local Self-Government (Incorporation) (Scotland) Bill contained clauses that were outside the competence of the Scottish Government. Sadly, our warnings and suggestions for changes to the Bills were ignored, so our Law Officers referred the relevant clauses to the Supreme Court. The Court agreed with our views on every count. I hope that the Scottish Government will in future work with us to ensure that their Bills respect the devolution settlement, so that we do not waste any more time and money when enacting important legislation.