Scotland Bill

Martin Docherty-Hughes Excerpts

Monday 6th July 2015 Commons Chamber

[David Mundell]

Let me complete this point. Fort Kinnaird is held by an English limited partnership in which the Crown Estate manages an interest alongside other commercial investors. The partnership owns property in other parts of the United Kingdom. Fort Kinnaird has never been wholly and directly owned by the Crown. Revenues from the Crown Estate’s interest in Fort Kinnaird will therefore continue to be passed to the UK Consolidated Fund for the benefit of the UK as a whole.

The hon. Member for Edinburgh South (Ian Murray) raised the coastal communities fund. Coastal communities funding has been allocated for 2014-15, 2015-16 and 2016-17. The Government have committed themselves to the coastal communities fund until 2016-17. Devolution of the Crown Estate in Scotland will not impact on this funding.

In answer to the points raised by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), the position on the Crown Estate Commissioners is that they will still be able to make commercial investments in Scotland, as and when opportunities arise in the Scottish market.

[Martin John Docherty (West Dunbartonshire) (SNP)]

Will the Secretary of State give way?

[David Mundell]

If I may, I want to comment on the important amendments dealing with abortion. The Abortion Act 1967 sets a common legal framework for abortion to be performed in Great Britain. New clause 56 would give the Scottish Parliament the power to amend that legislation—as, indeed, would new clause 66, tabled by my hon. Friend the Member for Gainsborough (Sir Edward Leigh). Clearly a number of views have been expressed in this Committee and in communications to Members of this House about the devolution of the policy and about the current policy. The Government do not consider the amendment appropriate at this time.

Hon. Members will be aware that abortion was one of the issues identified in the Smith commission agreement for further consideration. However, the Smith commission did not state that devolution should happen now, through this Bill. It stated that a process should be put in place to consider the matter further. In keeping with that recommendation, a process was established between the UK Government and the Scottish Government to consider the issue. Discussions are at an early stage. Accepting the amendment would pre-empt those discussions. However, as has been said a number of times in this debate, there is no reason why the Scottish Parliament should not be able to decide an issue of this significance, because it has demonstrated its ability to do so on numerous other significant issues.

I shall conclude my remarks as time demands. I recognise that there have been a number of constructive approaches from hon. Members, seen in their amendments to the equal opportunities clause. I think we all agree on the outcome we seek—that Scottish Ministers and the Scottish Parliament should have competence for socio-economic inequality and any duties attached to that. I have asked officials to look at the technical suggestions made to improve the drafting, but I want to put some matters on the record in my remaining time.

We believe that the clause provides a broad, flexible framework within the Scottish Parliament so that it can introduce additional equal opportunities measures, including gender quotas. I had a very useful meeting last week with Alex Neil to discuss this issue. The Smith commission agreed that the Equality Act 2010 should remain reserved and that the subject matter of the Equality Act 2006 falls within the scope of the equal opportunities reservation. That is why the clause is clear on this point. No reference was made in the agreement to devolving the functions of the Equality and Human Rights Commission. The commission is open to discussion as to how accountability to the Scottish Parliament for its activities in Scotland might be strengthened. I would expect that to be a matter of discussion with the Scottish Government, should they wish to make it so.

The Government do not, however, agree that legislation should determine the gender balance of the Scottish Parliament. That is for the electors and the parties in Scotland to decide. As for gender balance on boards, we believe that the clause delivers the Smith commission agreement, but I will take these points away and look further at the drafting suggestions.

[Martin John Docherty]

I am delighted that the Secretary of State has given way to me. Will he go back to the matter of the Crown Estate? He seems to be proposing a two-tier system in respect of the Crown Estate in Scotland. If the Government are going to bring forward English votes on English laws, the same system will not apply in England, and there is only one Crown Estate in England. It will eventually get all the money, whereas there is a two-tier system for Scotland—