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Criminal Justice and Immigration Bill

My Lords, I welcome what the Minister has said. I share his view and his hope that the positive atmosphere of good industrial relations in Scotland among prison officers will continue and that the voluntary agreement will continue in place. I understand why this provision is being put forward. What jumps out from this is that any order would be made by the United Kingdom Secretary of State. I fully understand that, as employment law is reserved under Schedule 5 to the Scotland Act, whereas the running of the prisons is a responsibility of Scottish Ministers—it was my personal responsibility from 1999 to 2003. I ask the Minister to confirm that this is done with the full agreement of Scottish Ministers and that there will not be a Minister from the current Administration who cries ““Foul”” at a future stage. Given that it is possible to transfer specific functions and albeit that the generality of functions are reserved—if this were already in place it could be done under, I think, Section 63 of the Scotland Act and I think it can be done specifically in primary legislation—has consideration been given to the order being activated by Scottish Ministers at a future date, should they deem that possible? It could be done very narrowly and would not upset the generality of the reservation on employment law. Another point I raise for clarification is that the following clause, Clause 138, has a power to suspend the operation of Section 127. Is there any reason why there is not a separate Scottish provision on that, should at some future stage an order be made to activate Section 127? Is there a reason why we would not have a separate Scottish power to deactivate it or suspend it, as would appear to be the case under Clause 138 for the rest of the United Kingdom?