To ask Her Majesty’s Government what discussions they have held with the Scottish Government concerning the inclusion of a third option, offering further devolution of powers to Scotland, in any future Scottish independence referendum; what assessment they have made of the benefits of including such an option; and whether they...

To ask Her Majesty’s Government what discussions they have held with the Scottish Government concerning the inclusion of a third option, offering further devolution of powers to Scotland, in any future Scottish independence referendum; what assessment they have made of the benefits of including such an option; and whether they...

My Lords, following the resignation of Martin McGuinness last week, the Secretary of State for Northern Ireland has proposed a date for elections to the Northern Ireland Assembly on 2 March in accordance with his responsibilities under relevant legislation. As the Secretary of State made clear in Parliament yesterday, Northern Ireland needs strong and stable devolved government to continue implementing the Belfast agreement and its successors and to respond to the opportunities and challenges ahead.

My Lords, following the resignation of Martin McGuinness last week, the Secretary of State for Northern Ireland has proposed a date for elections to the Northern Ireland Assembly on 2 March in accordance with his responsibilities under relevant legislation. As the Secretary of State made clear in Parliament yesterday, Northern Ireland needs strong and stable devolved government to continue implementing the Belfast agreement and its successors and to respond to the opportunities and challenges ahead.

My Lords, first, I take this opportunity to wish John Hume a happy 80th birthday today. As the House will know, he, along with my noble friend Lord Trimble. was awarded the Nobel Peace Prize for his role in the 1998 Belfast agreement. My noble friend Lord Lexden raises an important point. I can confirm that the Government remain fully committed to the Belfast agreement, including the principle of consent governing Northern Ireland’s constitutional position. It is on that basis that Northern Ireland is, and remains, a full part of the United Kingdom. Clearly, any form of joint authority would be incompatible with the consent principle. The Government’s priority remains to work intensively to ensure that, after the Assembly elections, strong and stable devolved government is re-established in Northern Ireland.

My Lords, first, I take this opportunity to wish John Hume a happy 80th birthday today. As the House will know, he, along with my noble friend Lord Trimble. was awarded the Nobel Peace Prize for his role in the 1998 Belfast agreement. My noble friend Lord Lexden raises an important point. I can confirm that the Government remain fully committed to the Belfast agreement, including the principle of consent governing Northern Ireland’s constitutional position. It is on that basis that Northern Ireland is, and remains, a full part of the United Kingdom. Clearly, any form of joint authority would be incompatible with the consent principle. The Government’s priority remains to work intensively to ensure that, after the Assembly elections, strong and stable devolved government is re-established in Northern Ireland.

I do not accept the premise of the noble Lord’s question. Both the Prime Minister and the Secretary of State for Northern Ireland have been very actively engaged in talking to the Taoiseach and the parties in Northern Ireland. We will continue to leave no stone unturned to ensure that we are in the best possible position after the election to re-establish a fully functioning Executive.

I do not accept the premise of the noble Lord’s question. Both the Prime Minister and the Secretary of State for Northern Ireland have been very actively engaged in talking to the Taoiseach and the parties in Northern Ireland. We will continue to leave no stone unturned to ensure that we are in the best possible position after the election to re-establish a fully functioning Executive.

I agree very much with the noble Lord that this is an important matter. Indeed, the Secretary of State for Northern Ireland wrote recently to all the political parties in Northern Ireland to seek their views on it by 31 January, so that we are in a position to move forward with this once we have had the election.

I agree very much with the noble Lord that this is an important matter. Indeed, the Secretary of State for Northern Ireland wrote recently to all the political parties in Northern Ireland to seek their views on it by 31 January, so that we are in a position to move forward with this once we have had the election.

I do think that it is important to keep open the lines of communication with the parties throughout the election period for precisely the reason that the noble Lord gives. We need to have an open dialogue so that we are in the best possible position to re-establish a strong and stable devolved Government after the poll in a few weeks’ time.

I do think that it is important to keep open the lines of communication with the parties throughout the election period for precisely the reason that the noble Lord gives. We need to have an open dialogue so that we are in the best possible position to re-establish a strong and stable devolved Government after the poll in a few weeks’ time.

I very much agree with my noble friend. The current situation is unsatisfactory and it remains a priority for the Government to build a consensus on this issue and to find a way forward. The Stormont House agreement provides a framework for reform and the new institutions and will, we believe, provide a fairer, more balanced and proportionate way forward.

I very much agree with my noble friend. The current situation is unsatisfactory and it remains a priority for the Government to build a consensus on this issue and to find a way forward. The Stormont House agreement provides a framework for reform and the new institutions and will, we believe, provide a fairer, more balanced and proportionate way forward.

To ask Her Majesty’s Government what provision has been made for the continuing operation of devolved powers in Northern Ireland.

To ask Her Majesty’s Government what provision has been made for the continuing operation of devolved powers in Northern Ireland.

Tabled by

Lord McAvoy

To ask Her Majesty’s Government what progress they are making in the transfer of full welfare responsibilities to the Scottish Government as provided for by the Scotland Act 2016.

Tabled by

Lord McAvoy

To ask Her Majesty’s Government what progress they are making in the transfer of full welfare responsibilities to the Scottish Government as provided for by the Scotland Act 2016.

My Lords, we have made significant progress to transfer the welfare powers in the Scotland Act 2016. Eleven provisions are already in force, including new powers for the Scottish Parliament to create new benefits in devolved areas and top up any reserved benefits. The UK Government remain committed to a safe and secure transfer of powers, and the joint ministerial working group on welfare continues to oversee plans for commencement of the remaining welfare provisions.

My Lords, we have made significant progress to transfer the welfare powers in the Scotland Act 2016. Eleven provisions are already in force, including new powers for the Scottish Parliament to create new benefits in devolved areas and top up any reserved benefits. The UK Government remain committed to a safe and secure transfer of powers, and the joint ministerial working group on welfare continues to oversee plans for commencement of the remaining welfare provisions.

I certainly recall what the noble Lord says, and I have a degree of sympathy with what he is saying. It is clear that the Scottish Government are having to face up to the reality that demanding the devolution of more powers is not the same as being able to use those powers effectively. If you want to replace existing programmes, you need first to know what you are replacing them with. The Government’s priority must be and is to work with the Scottish Government to ensure the safe and secure transfer of devolved welfare powers.

I certainly recall what the noble Lord says, and I have a degree of sympathy with what he is saying. It is clear that the Scottish Government are having to face up to the reality that demanding the devolution of more powers is not the same as being able to use those powers effectively. If you want to replace existing programmes, you need first to know what you are replacing them with. The Government’s priority must be and is to work with the Scottish Government to ensure the safe and secure transfer of devolved welfare powers.

I certainly think that the realities of devolving welfare powers put into context the assertion of the then First Minister of Scotland, who said that an independent Scottish state could be established within 18 months. We have seen some of the domestic policy record; two weeks ago, we learned that Scotland’s schools had recorded their worst ever performance in PISA tests since those were set up in the year 2000. This underlines why the Scottish Government should perhaps spend less time searching for new reasons to hold another independence referendum and more time on the day job.

I certainly think that the realities of devolving welfare powers put into context the assertion of the then First Minister of Scotland, who said that an independent Scottish state could be established within 18 months. We have seen some of the domestic policy record; two weeks ago, we learned that Scotland’s schools had recorded their worst ever performance in PISA tests since those were set up in the year 2000. This underlines why the Scottish Government should perhaps spend less time searching for new reasons to hold another independence referendum and more time on the day job.

I am inclined to agree with my noble friend.

I am inclined to agree with my noble friend.

To ask Her Majesty’s Government how they will ensure that the fifth principle contained in the report of the Smith Commission that the package of powers agreed through the Smith Commission process “should not cause detriment to the UK as a whole nor any of its constituent parts” will be complied with when railway policing is devolved.

To ask Her Majesty’s Government how they will ensure that the fifth principle contained in the report of the Smith Commission that the package of powers agreed through the Smith Commission process “should not cause detriment to the UK as a whole nor any of its constituent parts” will be complied with when railway policing is devolved.

My Lords, the Scotland Act devolves responsibility to the Scottish Parliament for the policing of railways in Scotland, and we are working with the Scottish Government to understand their plans. Maintaining high levels of service across the UK is at the forefront of our planning for an efficient and effective transfer of functions. There is absolutely no reason to think that devolution will degrade the level and effectiveness of railway policing.

My Lords, the Scotland Act devolves responsibility to the Scottish Parliament for the policing of railways in Scotland, and we are working with the Scottish Government to understand their plans. Maintaining high levels of service across the UK is at the forefront of our planning for an efficient and effective transfer of functions. There is absolutely no reason to think that devolution will degrade the level and effectiveness of railway policing.

My Lords, the noble Lord is absolutely correct that the Scottish Conservative manifesto supports the devolution of BTP functions in Scotland, as do all the parties that signed up to the Smith agreement. The principle of devolution is that the Scottish Government should be held accountable by the people who elect them, and I assure the noble Lord that the Scottish Conservatives and their leader, Ruth Davidson, will be very vigorous indeed in holding the Scottish Government to account for their decisions on the BTP in Scotland. To take the other aspect of the noble Lord’s question, if the Scottish Government decide to proceed with plans to integrate BTP functions within Police Scotland, the UK Government will of course work very closely with the Scottish Government to put in place robust operational arrangements to ensure that there is no detriment to any part of the United Kingdom.

My Lords, the noble Lord is absolutely correct that the Scottish Conservative manifesto supports the devolution of BTP functions in Scotland, as do all the parties that signed up to the Smith agreement. The principle of devolution is that the Scottish Government should be held accountable by the people who elect them, and I assure the noble Lord that the Scottish Conservatives and their leader, Ruth Davidson, will be very vigorous indeed in holding the Scottish Government to account for their decisions on the BTP in Scotland. To take the other aspect of the noble Lord’s question, if the Scottish Government decide to proceed with plans to integrate BTP functions within Police Scotland, the UK Government will of course work very closely with the Scottish Government to put in place robust operational arrangements to ensure that there is no detriment to any part of the United Kingdom.

The noble Lord is absolutely correct. A joint programme board has been established and it includes representatives from the two Governments, the British Transport Police Authority and the Scottish Police Authority. As I said on Report, I am very happy to share with the House the terms of reference of that joint programme board and to do so soon after the Scottish elections have concluded on 5 May. I also renew the commitment to update the House in detail on the implementation plans once the Scottish Government have finalised their operational model, which, although it is in the gift of the Scottish Government, I anticipate will be in the late autumn. That will, I think, give the House the opportunity to monitor progress.

The noble Lord is absolutely correct. A joint programme board has been established and it includes representatives from the two Governments, the British Transport Police Authority and the Scottish Police Authority. As I said on Report, I am very happy to share with the House the terms of reference of that joint programme board and to do so soon after the Scottish elections have concluded on 5 May. I also renew the commitment to update the House in detail on the implementation plans once the Scottish Government have finalised their operational model, which, although it is in the gift of the Scottish Government, I anticipate will be in the late autumn. That will, I think, give the House the opportunity to monitor progress.

I do not think we can be specific on the costs until we know what the structure will be. However, as I said, in the detailed discussions on the implementation plans the UK Government will work very closely with the Scottish Government to ensure that, whatever arrangements are put in place, they do not cause detriment to the other parts of the UK.

I do not think we can be specific on the costs until we know what the structure will be. However, as I said, in the detailed discussions on the implementation plans the UK Government will work very closely with the Scottish Government to ensure that, whatever arrangements are put in place, they do not cause detriment to the other parts of the UK.

There are already collaborative arrangements in place between the BTP and Police Scotland. I think that as we put in place the new arrangements we will be looking to ensure that we build on those collaborative arrangements to ensure that there is a seamless operation of what is a very important service for the whole of the UK.

There are already collaborative arrangements in place between the BTP and Police Scotland. I think that as we put in place the new arrangements we will be looking to ensure that we build on those collaborative arrangements to ensure that there is a seamless operation of what is a very important service for the whole of the UK.

As regards this issue, I go back to what my noble friend Lord Empey said. I am not sure whether he is in his place today, but he has great experience of these matters in Northern Ireland. He was absolutely confident that we could put in place effective working arrangements. However, he did caveat that by saying that it would take time to achieve that. It is certainly our view and expectation that it would take two to three years to ensure that there is a proper transfer of these functions.

As regards this issue, I go back to what my noble friend Lord Empey said. I am not sure whether he is in his place today, but he has great experience of these matters in Northern Ireland. He was absolutely confident that we could put in place effective working arrangements. However, he did caveat that by saying that it would take time to achieve that. It is certainly our view and expectation that it would take two to three years to ensure that there is a proper transfer of these functions.