Scotland Bill

Stewart Hosie Excerpts

Monday 7th March 2011 Commons Chamber

[Pete Wishart]

That answers one of the questions that I was going to put to the Minister, which is when are we going to see those amendments? How are they going to be introduced? If they are all to be tabled on Report, we will need a little more time to discuss them than is currently available. It would be unacceptable for them to be tabled in the unelected House of Lords. It is the responsibility of directly elected Members of Parliament to discuss those issues, and we should have the opportunity to do so. Those amendments should not be tabled in the House of Lords; they should be discussed on the Floor of this House. We should also have more time on Report, if that is when we will see those important amendments arising from the Scottish Parliament’s Bill Committee.

[Stewart Hosie (Dundee East) (SNP)]

My hon. Friend will have noticed the Minister saying that there would be time later—perhaps on Report—for the consideration of any amendments that follow the LCM Committee’s recommendations. However, during earlier exchanges the Secretary of State was nodding when my hon. Friend was confirming that the Government would not be bound by the LCM Committee’s recommendations. Will he now press the Government to confirm that if the LCM Committee proposes serious amendments or makes recommendations that would improve the Bill, they will accept them?

[Pete Wishart]

My hon. Friend poses an important question for the Minister. That is what we need to hear: are the Government of a mind to accept those recommendations? [Interruption.] The Secretary of State is saying no. That is very clear. This is not an issue just for me; it is an issue for all my colleagues in the Chamber. This was supposed to be a process that started in the Scottish Parliament, but now that recommendations have been made, the Secretary of State is saying that he is not of a mind to accept them all. Perhaps he could give his view on what he is prepared to bring forward and what he is not prepared to bring forward.

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[David Mundell]

I note the hon. Gentleman’s comments, but I believe that we can all play a role in ensuring that it happens through the force of our argument. Again, I invite colleagues to join me and others at the meeting with the chairman of the Interim Electoral Management Board.

[Stewart Hosie]

The Minister is doing a stoical job in trying to defend the indefensible, but the right hon. Member for Stirling (Mrs McGuire) is right. Notwithstanding the fact that we want everything devolved, not just the administration, the clearest signal that we are backing public opinion in wanting an overnight count would be voting for amendment 10 and allowing the Scottish Government to make the decisions thereafter.

[David Mundell]

I do not know why I should be surprised at the SNP’s voting against more powers for the Scottish Parliament in an attempt at gesture politics, in which its specialises.

The SNP referred to new clause 5, on which we will vote on the third day of Committee proceedings. That would give the Scottish Parliament full legislative competence for the Scottish Parliament elections. That goes far wider than the Calman commission’s recommendation to devolve only the administration of elections. The Government gave careful consideration to the extent of the powers to be devolved on the evidence provided to the commission, and we believe that the proposals in the Bill strike the right balance. Devolving elements of responsibility for the administration earlier, as was outlined earlier, is consistent with the Calman commission’s principle—

[David Mundell]

This will not be the first time during the Committee’s discussions that I refer to the fact that the SNP declined to take part in the deliberations of the Calman commission, and indeed set up its own national conversation. Many issues on which SNP Members now claim outrage could have been fully debated if they had raised them at that time. The Bill is based on the recommendations of the commission.

[Stewart Hosie]

The Minister says that the SNP declined to take part in Calman. He will, I am sure, want to confirm for the record that the Government refused to accept all the Calman recommendations, and that the Bill does not go even as far as Calman suggested it should.

[David Mundell]

Given the hon. Gentleman’s thorough research into all matters on which he speaks, I am sure he has read in detail the Command Paper that accompanied the publication of the Bill, in which the Government set out their response to each and every Calman recommendation, and how, whether in legislation or otherwise, those are being taken forward.

Government amendment 29 to clause 3 is technical and ensures that when Scottish Ministers make orders about the administration of Scottish Parliament elections, they can include the type of technical supplementary provision set out in section 113 of the Scotland Act 1998. For example, Ministers could make different provisions for different purposes or make consequential or savings provisions. The amendment also ensures that any criminal penalties imposed in such an order are subject to the appropriate limits. It gives Scottish Ministers the same supplementary powers and constraints as currently apply to the Secretary of State when he makes provision on the administration of Scottish Parliament elections.

I commend clause 1 to the House and urge the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) to withdraw his amendment.

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[David Mundell]

As I have suggested—as have the “secret” ministerial statement the Secretary of State made last week, the “secret” LCM Committee report, and the “secret” clauses that are on the website—the coalition Government are engaged in consultation and dialogue on these clauses. Indeed, so generous are we in that regard, that we will even take on board in our considerations the points the hon. Gentleman makes on these matters, but these amendments are not being moved at this stage. There is a further very significant point, which I would have thought would have satisfied the hon. Gentleman given the respect he has for the Scottish Parliament and its views: a further LCM would be required from the Scottish Parliament if significant amendments were being made in relation to section 57(2).

[Stewart Hosie]

Given the time scales, will it in fact be the next Scottish Parliament after the election in May that will have to consider a further LCM, were one to be requested if such amendments were going to be considered?

[David Mundell]

The hon. Gentleman is very astute: yes, there will be a Scottish Parliament election on 5 May, and, yes, the current Parliament will be dissolved on 22 March. It is therefore very likely that there will be another Scottish Parliament in place, but this coalition Government respect that Parliament and whatever Government emerge of whatever political colour, and we will engage in a constructive dialogue with whoever is in power in Holyrood.

On the Opposition amendments, currently entire Bills of the Scottish Parliament can be delayed, possibly for months, should just a single provision be referred to the Supreme Court to determine whether it is within legislative competence. Clause 7 of this Bill will amend the 1998 Act, not in the nefarious way the hon. Member for Perth and North Perthshire (Pete Wishart) suggests, but in a positive way, to prevent unnecessary delays to Bills where the majority of provisions are considered to be within the competence of the Scottish Parliament. The affected Bill would be submitted for Royal Assent by the Presiding Officer, while the disputed provisions would not come into force until the Supreme Court had reached a decision and Scottish Ministers had made the appropriate commencement order. The UK Government believe this is the most appropriate and sensible method of helping to ensure that the work of the Scottish Parliament runs as smoothly as possible. Members will wish to note that the Scotland Bill Committee in the Scottish Parliament accepted this provision, but asks for consideration to be made of the legislative procedure used. We will review that recommendation carefully.

The amendments would require the Law Officer making the limited reference, in addition to the Presiding Officer, to publish notice of the reference in the Edinburgh Gazette and also in the London Gazette and Belfast Gazette. Clause 7 already requires the Presiding Officer to publish notice of a reference in the Edinburgh Gazette and in such other ways as he considers appropriate. It does not prevent the Presiding Officer from publishing notices in the London Gazette or Belfast Gazette, or in any other paper or on any website, or in any other way he should wish—even secret ones.

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[David Mundell]

I acknowledge for the record that the vote took place, but I also point out to the hon. Lady annex A, where the minority views on the issues on which her colleagues felt particularly strongly are set out, clearly stating their disagreement.

[Stewart Hosie]

This is not good enough. The Minister said that the Bill Committee was unanimous, but the footnote makes it clear that it was not—there was a division and a split vote. Will he now take the opportunity to correct what he said so that the Committee is not inadvertently misled by his earlier remarks?

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[Stewart Hosie]

That answer was interesting. Presumably it means that BB weapons, such as those that have been described, are not covered by the legislation, in terms of being devolved to the Scottish Parliament. Will the Minister confirm that that is the case?

[David Mundell]

My understanding is that the Scottish Parliament would at this stage be able to take forward its own proposals in relation to a gun or implement of that type. As I understand it, we are not at the stage of having a definition for the weapon in relation to the incident, but there are implements of that nature for which the Scottish Parliament already has the power to make provision, as the hon. Gentleman knows.

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[David Mundell]

I will e-mail the hon. Gentleman with the relevant details.

[Stewart Hosie]

Further to that point of order, Mr Benton. The Minister has generously offered to e-mail those secret amendments to the Front-Bench spokesman of the Labour party. I take it that he will want to communicate with the whole Committee, so placing the amendments in the Library would be more helpful.

[David Mundell]

I am happy to accede to that request, Mr Benton.

Clause 12

Insolvency

Question proposed, That the clause stand part of the Bill.