Draft Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017

Michael Ellis Excerpts

Tuesday 31st January 2017 General Committees

[The Deputy Leader of the House of Commons (Michael Ellis)]

I beg to move,

That the Committee has considered the draft Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017.

It is a pleasure to appear before you, Mr Gray. The draft order was laid before the House on 19 December 2016 and is made under section 104 of the Scotland Act 1998, which allows for necessary or expedient legislative provision in consequence of an Act of the Scottish Parliament. This order is therefore designed to assist the provisions of the Scottish Act of Parliament in question and is made in consequence of the Scottish Fiscal Commission Act 2016, which was passed by the Scottish Parliament on 10 March 2016 and received Royal Assent from Her Majesty on 14 April 2016.

The purpose of the 2016 Act was to establish the Scottish Fiscal Commission as a body corporate, to provide for its functions, set out in section 2, which include preparing forecasts and assessments to inform the Scottish budget, and, in section 11, to establish a duty to co-operate with the Office for Budget Responsibility so far as is necessary for it to perform its functions.

The commission was originally set up in 2014 as a non-statutory body with a main function of scrutinising the Scottish Government’s forecasts for tax revenues devolved to Scotland. The Scottish Government have since consulted on draft legislative provisions—the Scottish Fiscal Commission (Modification of Functions) Regulations 2017—to expand the commission’s functions and include areas devolved by the Scotland Act 2016. Those draft regulations were laid before the Scottish Parliament last week, on Friday 27 January, and are due to come into force on 1 April 2017.

The order, which will extend throughout the United Kingdom, will enable the Scottish Fiscal Commission Act 2016 to be implemented in full. It contains provisions about the status of the commission and amends UK legislation that is not within the legislative competence of the Scottish Parliament. Article 2 of the order makes the commission part of the Scottish Administration, allowing for its designation as a non-ministerial department. The effect is that the commission will be accountable to the Scottish Parliament. Also, civil servants who work in the commission, which, as I said, is currently a non-statutory body, will transfer to the new statutory commission and continue to be civil servants. The civil service is a reserved matter under schedule 5 to the Scotland Act 1998, so it is not within the legislative competence of the Scottish Parliament to enact such a transfer, and this measure regularises that wish as well.

Article 3 provides that the Crown Suits (Scotland) Act 1857 does not apply to the commission, with the effect that the Lord Advocate cannot sue or be sued in place of the commission. Article 4 places an obligation on the Office for Budget Responsibility to co-operate with the commission. That duty is reciprocal to the one that I mentioned in section 11 of the 2016 Act, so in effect the two bodies have to co-operate with each other. The OBR is required to enable information sharing so far as is necessary for the commission to fulfil its functions. Finally, article 5 amends the House of Commons Disqualification Act 1975 to disqualify members of the Scottish Fiscal Commission from being Members of the House of Commons. That is to protect the commission’s independence and impartiality.

The UK and Scottish Governments, Ministers and officials have worked closely together to ensure that the order makes the necessary amendments to UK legislation in consequence of the 2016 Act and the fiscal framework agreement between the UK and Scottish Governments. I hope that the Committee will agree that it represents a sensible and appropriate use of the powers in the Scotland Act and that it demonstrates the UK Government’s ongoing commitment to making the devolution settlement work. I commend the order to the Committee.

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[Michael Ellis]

The timeframes for the administrative aspects of enacting these measures are perfectly routine. I do not think that they depart from the normal processes that are necessary for moving through the legislative and administrative procedures for getting these things authorised.

I conclude by commending the order to the Committee. I am delighted that it has the support of all Members from the Opposition parties and from the Government.

Question put and agreed to.