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Scotland Bill

My Lords, this is a very, if I may put it this way, gentle, probing amendment. It looks at Clause 37 and, in particular, subsection (3). The reason that one is advancing this is that one understands from the Command Paper, Strengthening Scotland's Future, that there would be a current borrowing capacity for Scottish Ministers of up to £500 million. In the terms of subsection (3) that seems to be designed to cover, putting it broadly, a temporary shortfall in receipts. When one looks at Clause 37, one sees that, in terms of capital expenditure borrowing, if Scottish Ministers wish to use that power they are required to obtain the approval of the Treasury. In subsection (5) there is reference also to the Secretary of State making an order pursuant to, "““the consent of the Treasury””." What one is endeavouring to ascertain by the amendment is the thinking of the Government in relation to how temporary shortfalls may be met by borrowing, and what control there would be over that. Plainly, at least in Scotland but certainly in other jurisdictions, temporary shortfalls have a way of becoming fairly permanent. Borrowing by subsidiary jurisdictions can occasionally get out of hand, which requires being brought back under the control of central government. One is simply endeavouring to find for what reason no consent order or other order was put specifically on this power in the Bill. I can perhaps put it better. One sees that there is a power here. It is going to be controlled, we are told in the Command Paper. Why is it not being controlled in the Bill, given that it is the very nature of borrowing that it might run out of control?