Scotland Bill

Ian Davidson Excerpts

Thursday 26th April 2012 Commons Chamber

[Mike Crockart (Edinburgh West) (LD)]

I welcome the amendments to the Scotland Bill, which—I am proud to say—was brought forward at the earliest possible opportunity in the coalition’s programme by a Liberal Democrat Minister, reflecting our 100-year commitment to home rule. The Bill is the outcome of an inclusive and iterative process, and reflects the devolution journey embarked on in 1999. I am sure that it will not be the final iteration.

The Bill devolves huge further powers to the Scottish Government, which will make that Government much more responsible to the Scottish people for the taxes they raise and the money they spend, and that is hugely welcome. Powers should reside at the best level for them to be exercised, and in accordance with that sentiment, the original proposed reservation of powers relating to insolvency and the regulation of health professionals—as well as the powers relating to Antarctica, as we would not want to forget those—was a sensible part of that iterative process. I happily supported them as they reflected the key Liberal Democrat principle that powers should reside at that level of government where they most sensibly lie.

I understand the reason for removing those parts of the original Bill, given the assurances that the Minister has now received from the Scottish Government, but I am left confused by the situation that remains for the SNP and the Scottish Government. We now have assurances that insolvency will be treated similarly cross-border, and that regulation of health professionals will also be maintained in the same way. Those issues are added to the currency, monetary policy, the monarchy and, yesterday, income tax levels as areas in which there would be no change if Scottish independence were achieved. In the same vein, NATO membership may even be up for grabs.

The Bill and the amendments are the result of a sensible consultation and compromise, and that is surely the correct and proven way to move the devolution settlement forward. I know we will see further iteration of that once the distraction of independence has been put to bed as quickly as possible.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

May I make the same apology to the House as I made to you earlier, Madam Deputy Speaker, for having been late for the debate? There was a break-in in Glasgow and I was involved in clearing things up.

As Chairman of the Scottish Affairs Committee, I very much welcome clause 18. Aside from the political discussions and disagreements in the Committee and elsewhere about the Bill, the main issue on which we wanted the Government to move was the question of transparency and whether the transfer of financial powers, both borrowing and revenue-raising, would have unintended consequences. We were concerned that the transfer might lead to errors and a diminution in the amount of money going to the Scottish Parliament owing to other changes not intended by the legislative movements being proposed.

We wanted to ensure that everything was above board and clear because we recognised that gainsayers of devolution wished to identify causes of dissent and disagreement. We thought that illumination of the facts might remove difficulty. The proposals to make everything transparent address our major issues with the Bill. Others might have said this already, but this seems to be a major step forward from the Government, indicating that they are prepared to consider the work of a Select Committee and take onboard its non-partisan points. My Committee colleague, the hon. Member for Congleton (Fiona Bruce), is present. I understand that the Committee is the high point of her week—she has said that to me and my colleagues several times—and I hope that she has made these points as well.

[Michael Moore]

I hope that the difficulties to which the hon. Gentleman referred are sorted out quickly. I thank him and his Committee for their work and for his observation that the amendment resolves one of the central issues that he was anxious about. We assured him at the time that we wanted to ensure transparency and a proper ability for scrutiny. The report will be the basis of that, and I look forward to discussing the matter with him further at the appropriate moment.

--- Later in debate ---

[Mr Davidson]

I thank the Secretary of State for his good wishes. Witnesses have told me that someone was seen running away from the scene: they were wearing a pair of tartan trews, a kilt, a Scotland football top, a See You Jimmy hat and an Alex Salmond mask, and were holding a set of SNP manifestos, but this might have been a disguise.

I hope that how the dialogue has taken place so far will continue. The Secretary of State makes a useful point. It is essential that we do not simply have a big-bang transfer. As the hon. Member for Edinburgh West (Mike Crockart) said, this has to be an iterative process. We hope there will be a dialogue with the Select Committee, before the transfer and even before the papers are tabled with the Scottish Parliament and at Westminster, so that all reasonable complaints can be raised in a multi-party atmosphere. It is important not to give those who wish to pick a fight unnecessarily the opportunity do so. It is therefore essential that the maximum amount of information is made available at all times.

I thank the Secretary of State for introducing the clause and the Government for following it through—and I hope, in future contributions, to update the House on the reports of the criminal activity that has been taking place in Glasgow.

[Mrs Laing]

I rise to speak to Lords amendment 18, which I thoroughly support, like everyone else who has spoken. I pay tribute to my hon. Friend the Member for Milton Keynes South (Iain Stewart), who is something of an expert in these matters, for his measured and helpful approach, to my hon. Friend the Member for Congleton (Fiona Bruce) for all her work on these matters in the Select Committee, and to my hon. Friend the Member for Penrith and The Border (Rory Stewart), whose impassioned speech has, I am sure, left its mark on the House, as it should have done. Unsurprisingly, however, I take issue with the hon. Member for Perth and North Perthshire (Pete Wishart) over his patronising remarks about the indulgence of Members speaking in the debate whose seats are not in Scotland—[Interruption.] The hon. Gentleman has just indicated that he was being pleasant in his remarks. If that was the case, I thank him for them.

--- Later in debate ---

[David Mundell]

I absolutely agree with my right hon. and learned Friend. The remarks made by the First Minister about members of the Supreme Court were beneath him; they demeaned his office and were wholly inappropriate.

[Mr Davidson]

Just for clarification, were the First Minister’s comments successful, in that his criticisms resulted in these amendments? If so, we would obviously take note of that. If not, that deserves to be spelt out.

[David Mundell]

I am happy to make it clear to the hon. Gentleman that views expressed by the First Minister about the Supreme Court played no part in these amendments or the completion of the Scotland Bill. Indeed, in dialogue involving the Scottish Government and Lord Advocate a much more moderate and sensible tone was adopted in relation to these matters, hence the ability to agree on what I would regard as a sensible and fair set of provisions that deal with the matters at hand.

[Mr Davidson]

Leaving aside the vehemence of the language used by the First Minister, was the substance of his comments the cause of the changes being introduced?

[David Mundell]

No. The changes being introduced today are a result of a process that was instigated by the Advocate-General for Scotland.

--- Later in debate ---

[David Mundell]

Clause 25 allowed the Scottish Ministers to determine the national speed limit on roads in Scotland and to make regulations to specify traffic signs to indicate that limit. Clause 25 limited these powers to cars, motorcycles and vans under 3.5 tonnes.

We listened carefully to the arguments presented by noble Lords, together with the case made by the Scottish Parliament and Scottish Government for the Bill to provide for the devolution of powers to set different speed limits for different classes of vehicles—for example, cars towing caravans or goods vehicles. Lords amendments 12 to 16 would give the Scottish Ministers the power to make regulations regulating the speed of all classes of vehicle on roads in Scotland.

[Mr Davidson]

Will there be any restrictions under the Bill on the speed with which Scottish Government Ministers can change policy on issues such as income tax for a separate Scotland?

[David Mundell]

As the hon. Gentleman knows, in the devolution of powers such as speed limits, which are devolved in the clauses to which the amendments relate, it is entirely a matter for the Scottish Parliament and Scottish Government to determine how they use those powers and whether they apply them to themselves as they would to others.

[David Mundell]

I am responsible for many things, but I am not responsible for the Scottish Government acting in a sensible manner. We are seeking to devolve these powers, which apply not just to the setting of limits, but to the signage. I am a Member of Parliament for a border constituency, as is the Secretary of State. We want to ensure that appropriate measures are in place so that people know what the law is on both sides of the border. As my hon. Friend pointed out on Second Reading, there are numerous legal differences between Scotland and England, which our respective constituents have managed to cope with over many years, not least the licensing laws.

[Mr Davidson]

Is it not the case that the Scottish Government want these powers in order to keep the speed limits the same? Just as with the monarchy, tax, the currency and NATO membership, they want the power to decide themselves that there will be no change.

[David Mundell]

I do not disagree with the hon. Gentleman. I took part in a radio programme with a member of the Scottish National party to debate the currency, and her principal argument was not over which currency Scotland should have, but about the fact that she should have the right to choose which currency; she suggested the Chinese renminbi, but I did not think that that would go down too well with the Politburo.

Lords amendments 12 to 16 would give Scottish Ministers the power to make regulations regulating the speed of all classes of vehicle on roads in Scotland and some consequential amendments. Together with the existing provisions in clause 25, that would enable them to set a national speed limit that is different for different classes of vehicle and the power to make regulations to specify traffic signs that indicate that limit. We think that that is a sensible addition to the Bill and, as right hon. and hon. Members might know, it was promoted in the House of Lords by my noble Friend Lord Forsyth, no less.

--- Later in debate ---

[David Mundell]

I share the hon. Gentlemen’s concerns about traffic speeds in our part of Scotland, Dumfries and Galloway, particularly on the A75. I hope that these powers will allow the Scottish Government for once to focus on Dumfries and Galloway and address such issues. They will have the powers and it will be for them to make the decisions. I commend my noble Friend Lord Forsyth for achieving this significant amendment to the Bill. It is the only amendment made during the passage of the Bill that will ensure that the powers of the Scottish Parliament are increased, and I do not think that the irony of that was lost on him.

[Mr Davidson]

Given that speed is a product of both distance and time, has there been any further submission from the nationalists on their ambition to have Scotland in a separate time zone, because it is obvious that if it was in a separate time zone—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Three strikes and you’re out.