Scotland Act 1998: Section 35 Power

Kirsty Blackman Excerpts
Tuesday 17th January 2023

(1 year, 3 months ago)

Commons Chamber
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Alister Jack Portrait Mr Jack
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I entirely disagree. We are supporting the Union. The Scotland Act is what we believe in. Section 35 was democratically put there and we believe we must take the legal advice we have. People are telling me to read out the statement of reasons: the statement of reasons and my order have been submitted to the parliamentary authorities, and they will be available within the timeframe that those authorities decide to release them this afternoon. Hon. Members will be able to read everything they want to read there about the reasons behind the decision, but essentially it is about protecting and safeguarding women and children where we believe there are adverse effects.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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Against a background of rising hate crime, my trans siblings will be horrified and terrified at the level of misinformation and lies in this Chamber today. Given that the Secretary of State has had a lot of legal advice on this, presumably he has also had briefings. Can he tell us what is the effect of a gender recognition certificate? What does it entitle someone to do?

Alister Jack Portrait Mr Jack
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We believe, as the hon. Lady will see in the statement of reasons—I have made this point very clearly—that there is a reduction in safeguards for women and children. She will have plenty of time to read that today.

Points of Order

Kirsty Blackman Excerpts
Tuesday 17th January 2023

(1 year, 3 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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If the Minister does not want to respond, I will answer it for him. Of course, you can ask any question. That is the whole idea of topicals—to keep the Minister alive and on his feet. It is not for me to apologise when a Minister cannot answer. Let us leave it at that.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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On a point of order, Mr Speaker.

Lindsay Hoyle Portrait Mr Speaker
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Is it on something I have already ruled? If so, I want to make progress, but if it is completely different, I will make a judgment in a second.

Kirsty Blackman Portrait Kirsty Blackman
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It is a different question. Given that we are going into this debate without having seen the statement of reasons, will you give us a measure of flexibility by still allowing us to speak if we need to nip out to get a copy, even if we miss a few seconds of the debate?

Lindsay Hoyle Portrait Mr Speaker
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I am sure we could bring copies in for you—in fact, I see that Mr Hosie is already doing due diligence in delivering them, and quite rightly too.

Gender Recognition Reform (Scotland) Bill: Section 35 Power

Kirsty Blackman Excerpts
Tuesday 17th January 2023

(1 year, 3 months ago)

Commons Chamber
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John Lamont Portrait The Parliamentary Under-Secretary of State for Scotland (John Lamont)
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A short time ago, the Secretary of State for Scotland made a statement to the House regarding the Government’s decision to exercise a power under section 35 of the Scotland Act 1998 with regard to the Gender Recognition Reform (Scotland) Bill. For the benefit of Members who were not present at that statement, I shall summarise what action this Government are taking and why.

Today, the Secretary of State is making an order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent. As the Secretary of State said, this is the first time the power has been exercised, and it is not a decision that has been taken lightly. However, it is a decision based on the legislation’s consequences for the operation of reserved matters across Scotland, England and Wales, including on equality legislation.

The Scottish Government’s Bill would introduce a number of changes around gender recognition in Scotland. They include reducing the minimum age at which a person can apply for a gender recognition certificate to 16, and removing the need for a medical diagnosis and evidence of having lived for two years in their acquired gender.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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On a point of order, Mr Speaker. Is it acceptable for the Minister to read out the statement that has already been made, changing the order of some of the sentences?

Lindsay Hoyle Portrait Mr Speaker
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It is up to the Minister what he wishes to say.

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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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Let me start with an apology to all the trans people in Scotland who were hoping that they would be able to get the gender recognition certificate that they cannot currently get because they cannot provide thousands of pages of evidence, because they cannot go in front of a panel, and because they cannot obtain the medical diagnosis of gender dysphoria, which the World Health Organisation has said should not be necessary for a certificate. I want to apologise for the fact that we gave them that hope and the UK Government have dashed it again.

We are in a room full of cis people talking about the lives of trans people. That is what we are doing in this room: we are talking about the lives of other people, and about rights that do not affect us in our privileged, entitled position here. I want to know why the UK Government have suddenly decided that they are going to try to protect vulnerable women and children. They did not think like this when they were talking about the implementation of the rape clause, or when they were demonising migrants and refugees. They did not want to protect women and children until today, when it seems that they can suddenly use this wedge issue to attack trans people, and to demonise the Scottish Parliament and the Scottish Government for the decisions that we have taken to try to improve the lives of our trans constituents.

Earlier, when I asked Secretary of State what a gender recognition certificate does, he did not have the faintest clue, yet he has the power to veto this legislation from the Scottish Parliament. I have looked at the statement of reasons, and it contains no reasons for any impact on the lives of women and girls who are not trans. There is no such impact on their lives, because this is a manufactured grievance—the Labour party is absolutely correct about that. It is a grievance manufactured by the Conservatives, who are cynically using the lives of trans people to create this conflict.

A gender recognition certificate does not allow people access to bathrooms or changing rooms, and it does not allow them to change their passports or driving licences; they can do that without a gender recognition certificate. All the certificate does is allow people to live and die in dignity. It allows them to have the correct gender on their death certificates, and it allows their gender to be recognised by pension providers. It is something that trans people need and cannot currently obtain because of the massive barriers erected by the current Act. I am devastated that Conservative Members sitting over there are suggesting that we should even row back on that Act. What we should be doing is making life better for people and improving human rights, not dismantling them.

Scottish Referendum Legislation: Supreme Court Decision

Kirsty Blackman Excerpts
Wednesday 23rd November 2022

(1 year, 5 months ago)

Commons Chamber
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Alister Jack Portrait Mr Jack
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Okay, so we have resorted to quoting Monty Python, which does not surprise me. I refer the hon. Gentleman to the answer I gave earlier.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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The Secretary of State says that in order for there to be democracy, there needs to be cross-party support, and that there needs to cross-support in order for us to have an independence referendum, but there was not cross-party support for a Brexit referendum, austerity or the demonisation of immigrants. Why does the Conservative party get to be the arbiter of what does and does not require democratic support?

Alister Jack Portrait Mr Jack
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As the hon. Lady knows, and as I have made very clear, we believe that the priority of people in Scotland is for the two Governments to work constructively and collaboratively together, in partnership.

Scottish Independence and the Scottish Economy

Kirsty Blackman Excerpts
Wednesday 2nd November 2022

(1 year, 5 months ago)

Commons Chamber
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Ian Murray Portrait Ian Murray
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Let me make some progress. The time that I am taking is making you agitated, Mr Deputy Speaker.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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Will the hon. Gentleman give way?

Ian Murray Portrait Ian Murray
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I would prefer the hon. Lady to tell us about the SNP’s proposals rather than talking about the Labour party, but I am happy to give way if the SNP wants to continue this nonsense and charade.

Kirsty Blackman Portrait Kirsty Blackman
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The shadow Secretary of State is making the case, as a Labour politician would, for why Labour should be in charge. For two thirds of my lifetime we have had a Conservative Government for which Scotland has not voted. How does the hon. Gentleman expect the next 36 years to be any different from the past 36?

Ian Murray Portrait Ian Murray
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As for the other third of the hon. Lady’s life, the UK Labour Government transformed it. That is why we want to create a UK Labour Government who can do things for the whole United Kingdom.

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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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When I joined the SNP more than 20 years ago, I did so because I wanted Scotland to become an independent country. I believe that the people of Scotland should be able to make the important decisions on the issues that matter to us. It was not all that long after the reopening of the Scottish Parliament, and devolution was still finding its feet. It was also not that long after we had managed to extricate ourselves from 18 years of Tory rule—18 years of Tory Governments, who Scotland had not voted for since 1955.

In the time since I joined the party, we have had another 12 years of Conservative government Scotland has not voted for. I honestly thought that it could not get more damaging, and that we could not have a more damaging Government and a more damaging Prime Minister, than what we experienced during the Margaret Thatcher era. Then David Cameron said “Hold my beer”, and had the Brexit referendum. Then the right hon. Member for Maidenhead (Mrs May) said “Hold my beer”, demonised immigrants and put in motion the hardest possible Brexit. Then the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) said “Hold my beer”, and destroyed what little faith the public had left in politicians being honest. Then the right hon. Member for South West Norfolk (Elizabeth Truss) said “Hold my beer”, and crashed the economy. If the current Prime Minister asks someone to hold his drink, I recommend running a mile. Scotland has not voted for any of this chaos. We did not vote for a Brexit referendum, we did not vote for Brexit, we welcome immigrants—and we do not vote Tory.

Our Scottish Government are consistently having to mitigate Tory-inflicted hardships in order to offer some measure of protection for our constituents, and I will make no apology for making the wellbeing of the people of Scotland my ideological mission. Because of the decisions of the UK Government we did not vote for, four out of 10 on those on universal credit skipped meals this summer. Mortgage rates have soared £6,700 a year on average. Since last year, energy costs have gone up £1,200, while pasta costs 60% more and bread costs 40% more. The UK Government have capped benefits and reneged on the pensions triple lock—and we did not vote for this. The people of Scotland and the country of Scotland cannot afford to be part of this Union.

Mhairi Black Portrait Mhairi Black
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As my hon. Friend will be aware, during the last referendum campaign we were continually told that we were in a Union of equal partnership. As she has touched on, even if every single seat in Scotland—all 59 seats—was SNP, the city of London, for instance, has 73 MPs. Is that not ridiculous, and how can this ever be a Union of equals if the second largest nation of that Union can be outvoted by one city?

Kirsty Blackman Portrait Kirsty Blackman
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My hon. Friend is absolutely correct, and she lays out very clearly the democratic deficit facing Scotland.

We cannot afford to continue having our resources squandered by Westminster. We cannot afford to go without energy market reform. We cannot afford trickle-down economics. We cannot afford the UK’s xenophobic immigration policy. We cannot afford to keep people having no recourse to public funds, which is making some of the poorest people in the UK even poorer still. We cannot afford a UK Government who refuse to increase the minimum wage. We cannot afford to keep having our workers’ rights stripped. We cannot afford locally—the hon. Member for Banff and Buchan (David Duguid), who has just stepped out, mentioned this—to have a UK Government who refuse to match Scotland’s funding for our £500 million just transition fund.

This UK Government are failing to tackle the issues that are facing our constituents. It is a joke that they keep mentioning the £37 billion support package. It is a joke that they keep mentioning people being £1,000 better off. For some unknown reason, the UK Government have included a freeze on alcohol duty in their £37 billion calculation. On what planet does that help people to pay their fuel bills or feed their children? People are not £1,000 better off as a result of the energy support provided. The average household is still paying double what it was paying last year. Where does the Prime Minister expect people to find the extra money?

A quarter of people across these islands have got no savings. With borrowing costs rocketing, people are spiralling quickly into unmanageable levels of debt, and that is only set to get worse as the cold weather kicks in. We have consistently voted against that, yet the larger size of England means that we are consistently burdened with Westminster Governments who do not care. Owen Jones published a video that he made during the Tory party conference. He pointed out that mortgage rates are going to go up as a result of the mini-Budget. The Tory party member he was interviewing replied, “I don’t have a mortgage.” That is the attitude we are faced with in the Conservative party. Many Tory party members and donors are doing all right, Jack, so why bother taking action? Our constituents are scared, and the UK Government are refusing to provide adequate help or certainty. The Prime Minister will not even commit to the triple lock or to uprating benefits in line with inflation.

My colleagues have spoken about Scotland’s potential. We have so many resources. We can lead the world in the deployment of renewables, and we can reach our economic potential. We have the best educated population in Europe. We have the talent and the potential, and we are not, as my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) said earlier, singularly unable to flourish as an independent country. An independent Scotland would use its potential to ensure minimum living standards. How is it that in 2022 we are having to say that? Why are we being approached by constituents who have nothing, and who are experiencing poverty that has not happened in this widespread way during my lifetime? Before this cost of living crisis, some people were living below the destitution line, despite being in receipt of social security. Other European countries have stepped up and provided far higher levels of support to ensure that people can live through this crisis.

What are the people of Scotland doing about this? We are consistently exercising the democratic rights that we have to vote for the SNP. We have a majority of independence-supporting MSPs in the Scottish Parliament, and we had our best ever council elections this year. We have been the third largest party in Westminster for seven years, despite standing in less than one tenth of the seats. Yet the Westminster Government suggest that we have no mandate. I will say who has no mandate—the Tories. They have no mandate to inflict Tory economic policies on our population. They have no mandate for xenophobic immigration policies, and no mandate for cutting social security. If this is a voluntary Union of nations, why are the UK Government not respecting the mandate given by the people of Scotland to the Scottish Parliament to hold a referendum? Why have we had to go to the Supreme Court to assert our right to hold the referendum, and how can the UK Government justify arguing against that? This is not about identity; this is about democracy. Scotland has voted for the right to choose our own future, and we will do everything possible to ensure that happens.

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Toby Perkins Portrait Mr Perkins
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Thank you, Madam Deputy Speaker. During that Scottish referendum, I was in Edinburgh, Cumbernauld, West Dunbartonshire, Airdrie and Falkirk, and I spoke to people about the issues and about how much I hoped that they would choose to stay in the United Kingdom. The people I spoke to on the doorsteps were pleased to debate the subject. Lots of them voted to stay in the UK and lots voted otherwise. Virtually all those constituencies ended up voting overall to stay in the UK, but they recognised that not only was this a matter on which the people of Scotland would decide, but that the matter was of interest to people across the United Kingdom.

The basic assertion that the Scottish National party made—that an independent Scotland would be part of the EU but that it would take the pound and, at some point in future, have a Scottish pound—has been absolutely blown to pieces by my hon. Friend the Member for Edinburgh South. That was clear for everyone to see, and the momentary quiet that descended among those on the SNP Benches when he was making his case spoke volumes.

We have heard from SNP Members—

Kirsty Blackman Portrait Kirsty Blackman
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Will the hon. Member give way?

Toby Perkins Portrait Mr Perkins
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I will, because I was about to refer to the hon. Lady’s speech, so that is perfect timing.

Kirsty Blackman Portrait Kirsty Blackman
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I am very pleased that the hon. Member has given way. Is he aware that if all the 1 million people in Scotland who voted to leave the EU had voted to remain in the EU—if we had had a remain vote of 100%—we would still have lost the referendum?

Toby Perkins Portrait Mr Perkins
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That is an important point. I could make the same point about the response in Chesterfield. Of course, this was a vote for the entire United Kingdom. However, I want to respond to something else that the hon. Lady said; although I disagree with her conclusions, I thought that she made an excellent speech. On her point about the independence referendum, when I was up in Scotland for that, it was said very clearly by Alex Salmond, and it was very clearly understood by the people of Scotland, that that was a once-in-a-generation referendum. That was said strongly.

The hon. Lady has spoken powerfully about the mandate that the SNP has won by getting Members of Parliament elected to this place. Is she making the case that we should have had another referendum after the 2015 election, another after the 2017 election and yet another after the 2019 election? Every time the SNP has a majority of MPs in Scotland, should we have another referendum? If not, how often should we have these referendums?

We all know that if the 2014 referendum had had a different result and people had voted for independence, there would have been no second referendum. There might have been a 0.1% majority, but it would not have mattered: that would have been enough to say, “We have heard the voice of the people.” But the referendum was lost by more than 10%, and there was an immediate demand for a second one. How often do we have to have these referendums? If the independence campaign wins the next one, does the hon. Lady want the best of three?

Kirsty Blackman Portrait Kirsty Blackman
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I was talking about the different ways in which Scotland has given us a mandate for an independence referendum. When SNP candidates stood for the Scottish Parliament in 2021, the SNP committed explicitly in our manifesto to a referendum on independence. The Scottish people have chosen to have that referendum by voting for independence-supporting parties. If that is not the route for the Scottish people to have an independence referendum, what does the hon. Gentleman think their route to choosing a referendum should be?

Toby Perkins Portrait Mr Perkins
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I notice that the hon. Lady has answered my question with a question. My question was a very specific one: how often will we have this referendum? It is not for me to set the terms of a referendum, but I do think that things would be very different if opinion polls showed that the view of the Scottish people had massively changed since 2014. I could not ignore that, because this is a question for the Scottish people.

When the opinion polls turned in 2020, showing more Scottish people in favour of independence, we heard about them all the time. Everyone was always saying, “Oh, the latest polls say this.” Then I thought to myself, “Everyone seems to have gone a bit quiet about the polls. Why aren’t they mentioning them?” I had a little look on my phone. Of the last 19 opinion polls, including the most recent one paid for by the Alba party, only one showed majority support for independence. Of the last 44 opinion polls, only four have shown a majority for independence. If there had clearly been an overwhelming shift in opinion that had not been reflected, things would be different, but there has not. The truth is that opinion polls suggest that we are broadly in a similar place.

It is a shame that the hon. Lady did not respond to my question. If 2014 was not once in a generation, as the people of Scotland were clearly told at the time, when will be? When will enough be enough?

Sewel Convention

Kirsty Blackman Excerpts
Monday 18th June 2018

(5 years, 10 months ago)

Commons Chamber
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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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I thank you, Mr Speaker, for granting this debate, and I thank the SNP group leader, my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), for applying for it, but it comes too late, because Government MPs have already voted through clause 15 and it cannot now be amended, because of the way the procedures of this place work.

In Scotland, we believe that the people of Scotland are sovereign. In Westminster, this place, they believe that Parliament is sovereign, but that idea is currently being attacked. Only at the weekend, the Prime Minister said that Parliament cannot tie the hands of Government, but surely that is Parliament’s job. If Parliament cannot tie the hands of Government, it means that power is being so far removed from where it should be. It should be with the people. The fundamental difference between the two countries is that we in Scotland believe in democracy and that decisions should rest with the people, not in the power of the Executive.

It is impossible to overstate the fundamental shift in the relationship between the Westminster and Scottish Parliaments caused by the UK Government’s actions last week. The Government talk about the Scottish Parliament being the most powerful devolved Parliament in the world; if it is the most powerful devolved Parliament in the world, yet its powers can be removed at the whim of the UK Government, I dread to think what the other Parliaments’ powers are like if they are less powerful than ours in Scotland.

Since I came to the House, I have been shocked by Westminster’s attitude to Scotland. As a Scottish nationalist Member, I was under the impression that Westminster did not care very much for Scotland and tended to overrule the will of the Scottish people; I then came here and discovered that the Government do not even think about Scotland. They put forward legislation like the European Union (Withdrawal) Bill, we say, “What about Scotland,” and they look at us like a rabbit in headlights—like they are thinking, “What are you talking about?” They do not even consider the people of Scotland and the fact that we are a separate country with different views. We did not support Brexit.

What do the UK Government imagine that people outside this place think of their behaviour? Are they proud of their legacy? Are they proud of the fact that in years to come people will look back at the behaviour of this UK Government last week—at the fact that they did not even allow a debate on this matter—and see that in the face of the Scottish Parliament refusing legislative consent, they have pounded on anyway and taken powers away from the Scottish Parliament? This will go down in history.

Oral Answers to Questions

Kirsty Blackman Excerpts
Wednesday 24th January 2018

(6 years, 3 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister
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My right hon. Friend is right in drawing attention to the impact of infrastructure when it is developed in various parts of the UK. On the specific point of the lower Thames crossing, I know that is going to unlock opportunities and economic growth for the region and the country, and will offer better connections, new connections and better journeys. It is, of course, part of the biggest investment in England’s road network in a generation.

As my right hon. Friend knows, Highways England has announced the preferred route; it did that last year. I recognise this has raised some concerns in affected constituencies, but may I assure him and other Members that there are going to be further opportunities, for both those who support these proposals and those who do not, to give their views and to have their say? But he is absolutely right: new infrastructure developments such as this can make a huge impact not only on jobs during the development of that infrastructure, but on the economy, locally and nationally.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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Q2. Outside a customs union with the EU, many UK businesses would face, in the Brexit Secretary’s own words, “complex and punitive ‘rules of origin’ tariffs”.Given the Prime Minister’s aim for frictionless trade post-Brexit, will she confirm whether she intends to pursue a customs union with the EU?

Theresa May Portrait The Prime Minister
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I have said this on many occasions and I am very happy to repeat it: leaving the European Union means that we will be leaving the single market. We will no longer be members of the single market or the customs union. We want to be able to sign and implement trade deals with other parts of the world, as part of an independent trade policy. We are looking forward to the negotiations for a bespoke deal—a comprehensive free trade agreement—between the UK and the European Union for the future. We will be looking for as tariff-free and frictionless a trade agreement as possible.

Scotland’s Fiscal Framework

Kirsty Blackman Excerpts
Wednesday 24th February 2016

(8 years, 2 months ago)

Commons Chamber
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David Mundell Portrait David Mundell
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I can produce a list and send it to the hon. Gentleman. I am not focused on other assemblies around the world. I am focused on the Scottish Parliament and making it a powerhouse Parliament with the powers that make a difference in Scotland. That is the state of the debate. The hon. Gentleman’s constituents will not want to hear about Parliaments in South America and other parts of the world: they will want to hear about what his party intends to do on income tax and welfare.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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We have had a particularly mild November, December and January because the Secretary of State for Scotland promised the Scottish Affairs Committee an agreement by the autumn. Can he let us know when he expects the Bill to complete its passage through the House of Lords; when he expects it to come back to the House of Commons; and when he expects it to get Royal Assent?

David Mundell Portrait David Mundell
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In respect of the first two questions, I expect that to be March. I hope Royal Assent will be achievable in March but it may be April. I am also respectful of the Scottish Parliament process and the need for a legislative consent motion.

Public Finances: Scotland

Kirsty Blackman Excerpts
Wednesday 3rd February 2016

(8 years, 2 months ago)

Commons Chamber
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Ian Murray Portrait Ian Murray
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That is a timely intervention, because when everyone talks about making sure that the Smith agreement is delivered in spirit and in substance, they tend to forget the bits of the substance that it is inconvenient for them to remember, and that is one such bit. The JEC has not been transparent. One key plank of the Smith agreement was intergovernmental relations, and without that transparency we cannot see whether intergovernmental relations are actually working. One key thing about the whole devolution project, be it in Scotland, Wales, Northern Ireland or in the discussions about England, is to make sure that all the components of that devolved body of the United Kingdom can work together in partnership.

Let me compare these negotiations with the fiscal framework negotiations that sat alongside the Scotland Act 2012. I have here the minutes of the first meeting from that process, which took place on 27 September 2011, and they are a dusty tomb of information, giving details of who attended, points that were discussed, things that were agreed and things that were to come back to be agreed. By contrast, let me give a flavour of the communiqués from this year. The one relating to the 1 February meeting states:

“The Joint Exchequer Committee met in London today, chaired by John Swinney, Deputy First Minister and Cabinet Secretary for Finance, Constitution and Economy. HM Treasury was represented by…Chief Secretary to the Treasury.

This was the eighth meeting of the JEC since the publication of the Smith Commission report…The Ministers continued their discussion…

Both Ministers agreed to meet next week”.

The minutes on the 21 January meeting again introduce who was at the meeting, with their very long titles. They then state:

“This was the seventh meeting of the JEC since the publication of the Smith Commission report. The Ministers continued their discussion on the indexation methodologies for the Block Grant Adjustments and also discussed the initial transfer of funding for new welfare powers….

Both Ministers agreed to meet again shortly”.

They go on, running to less than a third of a page—a couple of paragraphs of minutes. I am not sure that having no details and no substance is acceptable.

It is not acceptable because the Scottish Government have threatened to veto the Bill if it is “not fair to Scotland.” The problem is that we do not know what, in their opinion, or in the UK Government’s opinion, is a fair deal for Scotland and what that looks like. We do not know in what way the current detail on offer from the UK Government is deficient on that test of fairness. It would appear that the main stumbling block is on the method used for the future indexation of the block grant. Of the methods being considered, the Scottish Government now favour the per capita index deduction. People can go to the Library to find out what that is—I will not explain it at this juncture. [Hon. Members: “Go on!”] I can go through the formula if Members want, and give a prize if they get the answer at the end. Less than a year ago, however, the Deputy First Minister told the Scottish Parliament’s Finance Committee that he favoured the indexed deduction, which takes into account population growth. There is clearly some confusion over which method is best for Scotland, which is why transparency of discussions is incredibly important.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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I understand that the Labour party is feeling a bit sad, because, as it has not been successful enough to be in government in either country, it is not involved in these negotiations. Now that the shadow Secretary of State has the opportunity to have his say, can he please tell us what method of block grant adjustment Labour would favour?

Ian Murray Portrait Ian Murray
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Well, we do not know—[Laughter.] Let me answer the question! We have not seen the negotiations, but, as the leader of the Scottish Labour party has said, we prefer the per capita index reduction model, because it is important that we have that particular debate. It is strange that the intervention gave the impression that we are being locked out. It is not the Labour party that has been locked out of these discussions, but the Scottish people, which is why we called this debate. We want to shed some light on these very secret discussions.

I noticed that the hon. Lady did not say whether she supports doing something in Scotland with the powers that her party currently has, or whether she is willing just to manage Conservative austerity.

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David Mundell Portrait David Mundell
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I do not recognise, for the reasons I have just set out, that those circumstances characterise the negotiations we have been conducting with the Scottish Government, and I make the case that a degree of privacy for negotiations of this type is required.

The hon. Member for Edinburgh South mentioned deadlines. I do not think in terms of self-imposed or arbitrary deadlines. Personally—keen though I am to have a warm and supportive relationship with the Scottish Government—I have never felt that the St Valentine’s day date had much relevance to this process. I am willing to continue working towards a deal for as long as that takes and for as long as we can. However, the usual channels have agreed to move the next day of Committee on the Scotland Bill in the other place to 22 February, as discussions on the framework continue to progress, to enable us to give their lordships as full an update as possible.

We have shown flexibility in the negotiations. While I cannot, as I have said, give a commentary to the House, Members will have seen via media reports that the UK Government have put compromise proposals on the table. That is a clear signal of our commitment to reach agreement and of our willingness to be as flexible as we can be, within the Smith principles.

Without commenting on the proposals, I would point out that the House will be aware of some of the tenets of those on the table. There are some suggestions that the Scottish Government should retain all income tax raised in Scotland, as well as a guaranteed share of the growth in income tax in England, Wales and Northern Ireland. Professor Muscatelli, who was referred to earlier, told the Scottish Parliament that such an approach would not meet the test of taxpayer fairness. This seems, once again, to be the Scottish Government wanting to have their cake and eat it—indeed, to have a slice of everyone else’s cake while they are at it. That might be understandable enough politics, and an understandable enough position to adopt at the start of a negotiation, but it cannot really be said to be a credible position.

Once the powers are devolved, Scotland

“should retain the rewards of our success, as we will bear the risks.” —[Scottish Parliament Official Report, 16 December 2015; c. 23.]

Those are not my words, but those of John Swinney. Mr Swinney has been very clear in the past about exactly what he meant by “risks”. He meant the risk that Scotland’s population might decline relative to the rest of the UK’s.

When asked at the Scottish Parliament’s Finance Committee by Malcolm Chisholm MSP if the Scottish Government would seek to be protected from the possibility that the rest of the UK’s population will expand more quickly than Scotland’s, John Swinney was very clear:

“That is another of the wider range of risks that we take on as a consequence of gaining the responsibilities.”

The Daily Record newspaper, sometimes brandished by SNP MPs, set this out clearly, finding it hard to see why

“a tax-raising Scotland should benefit from a growth in tax receipts in England and Wales”

and stating that

“there is an undeniable logic”

to opposing that view.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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The Daily Record completely misunderstood how per capita indexed deduction works. Academics have been clear that the Barnett equivalent is per capita indexed deduction. If the Secretary of State supports anything other than PCID, he is attempting to undermine Barnett. Is he trying to scrap Barnett to appease his Back Benchers?

David Mundell Portrait David Mundell
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I respect the hon. Lady’s imagination, which, I am afraid, she still sometimes lets run riot. We are committed to the Barnett formula. We are committed to delivering an agreement that is fair to the people of Scotland and fair to the rest of the United Kingdom, and that is what these negotiations are about.

Scotland Bill

Kirsty Blackman Excerpts
Monday 9th November 2015

(8 years, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Graham Allen Portrait Mr Allen
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I will give way in a second.

If we believe in localism, or in subsidiarity—a word that I used in one of my new clauses—and pushing power to the lowest possible levels, we cannot stop with nationalism, or the nation state. There must be a whole panoply: there must be a whole view of how power can go to the people rather than merely to another elected set of people in the Scottish Parliament, which, believe it or not, may well seem as remote to some people as the federal Parliament here.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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In Scotland less than 2% of the money provided for local authorities is ring-fenced, while in England the figure is nearly 10%. We should not be having a discussion about Scotland being more centralised than England, because that is clearly not the case. Will the hon. Gentleman please talk about the Scotland Bill rather than about devolution to England?

Graham Allen Portrait Mr Allen
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I understand why it is sensitive when I talk about issues that colleagues in the Scottish National party would rather not talk about, but I am going to talk about them. [Interruption.]