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Tabled by
Lord Bruce of Bennachie
To ask His Majesty’s Government what assessment they have made of the total amount transferred to the Scottish Government in the last financial year following the devolution of social security benefits.
Tabled by
Lord Bruce of Bennachie
To ask His Majesty’s Government what assessment they have made of the total amount transferred to the Scottish Government in the last financial year following the devolution of social security benefits.
My Lords, following the devolution of social security powers, the Scottish Government are responsible for funding and administering social security benefits, with funding transferred from the UK Government. Funding for devolved social security is provided through welfare block grant adjustments that transfer funding from the UK Government to the Scottish Government. In the most recent financial year, this
amounted to £5.8 billion for the Scottish Government. Decisions on how funding is used are for the Scottish Government.
My Lords, since the establishment of the Scottish Parliament, the proportion of income raised from taxes on Scottish citizens has risen from under 10% to around 40%. The Scottish Finance and Public Administration Committee has agreed that accountability and scrutiny need to be improved. I suggest that it might be to great mutual benefit if the Public Accounts Committee in the Commons and the Constitution Committee in this House reach out to relevant committees in the Scottish Parliament and the other devolved assemblies to see how they can improve financial scrutiny and accountability across all our parliaments, because none of it is as good as it should be.
My Lords, since the establishment of the Scottish Parliament, the proportion of income raised from taxes on Scottish citizens has risen from under 10% to around 40%. The Scottish Finance and Public Administration Committee has agreed that accountability and scrutiny need to be improved. I suggest that it might be to great mutual benefit if the Public Accounts Committee in the Commons and the Constitution Committee in this House reach out to relevant committees in the Scottish Parliament and the other devolved assemblies to see how they can improve financial scrutiny and accountability across all our parliaments, because none of it is as good as it should be.
I thank the noble Lord for that question. I think there is nothing wrong and probably everything right with parliaments across the UK working together to deliver better for their citizens. I think that is probably a welcome suggestion.
My Lords, Scotland has two Governments, both of which are dysfunctional and very unpopular north of the border. Will the Minister accept that what the people of Scotland would like is for each Government to accept their relative responsibilities, do them competently and not try to compete with each other to say how badly they are delivering for Scotland?
My Lords, Scotland has two Governments, both of which are dysfunctional and very unpopular north of the border. Will the Minister accept that what the people of Scotland would like is for each Government to accept their relative responsibilities, do them competently and not try to compete with each other to say how badly they are delivering for Scotland?
I do not recognise that as a description of the UK Government. I have tried to explain that we are taking a responsible approach. The UK Government make very large sums of money available to the Scottish Government—quite rightly—and it is for both countries to make sure that they are spending money well, in the interests of their citizens, in all sorts of different ways on which we have been touching today.
My Lords, I return to the problems that the Scottish Government wish to be independent, pretend they are independent and then complain when they find that things they are trying to do do not conform to the devolution settlement, and that they are using UK Government premises overseas to promote their campaign for independence. Does this not have to be brought to a halt, and the division between what is devolved, what is reserved and what is shared clearly set out and enforced?
My Lords, I return to the problems that the Scottish Government wish to be independent, pretend they are independent and then complain when they find that things they are trying to do do not conform to the devolution settlement, and that they are using UK Government premises overseas to promote their campaign for independence. Does this not have to be brought to a halt, and the division between what is devolved, what is reserved and what is shared clearly set out and enforced?
I agree that we need to consider the presence of Scottish Government offices in UK Government posts, but there is a case for having individual officials knowledgeable about Scotland engaged on issues such as fishing, where there is an important Scottish interest. I have seen that working well, so there is a balance here—but I agree with the general direction of the noble Lord’s comment.
Would the Minister agree that relations between the Government and the devolved Administrations fall far short of what was hoped for when devolution was established? Will the Government therefore set up a genuine consultation to ensure that what is devolved stays devolved, what is reserved is reserved and what is shared is shared with an atmosphere of mutual respect?
Would the Minister agree that relations between the Government and the devolved Administrations fall far short of what was hoped for when devolution was established? Will the Government therefore set up a genuine consultation to ensure that what is devolved stays devolved, what is reserved is reserved and what is shared is shared with an atmosphere of mutual respect?
I do not agree with the noble Lord. I think it is. We have clear arrangements between the UK Government and devolved Governments about how they work together, the frequency of those engagements and what they talk about. This is not just at Prime Minister level but right the way through, through the Ministers and down to the officials. The work done between the four areas of the United Kingdom is good and works well.
My Lords, given that the difference in policy applications across the nations has not led to much difference in outcomes, is not the reality that we need a more co-operative approach across the UK? The Prime Minister said that devolution was a disaster. Does he not have to work twice as hard now to show that it can be a constructive and co-operative partnership and that the devolved Administrations are valued as part of the team?
My Lords, given that the difference in policy applications across the nations has not led to much difference in outcomes, is not the reality that we need a more co-operative approach across the UK? The Prime Minister said that devolution was a disaster. Does he not have to work twice as hard now to show that it can be a constructive and co-operative partnership and that the devolved Administrations are valued as part of the team?
Yes, indeed. The review, which is due to be published shortly, sets out a fit-for-purpose system that allows for meaningful and effective engagement between the UK Government and the devolved Governments. As I said earlier, this was achieved by discussions occurring at the portfolio level, where possible, and within the particular groups. The package also contains commitments to transparency and a robust dispute resolution mechanism founded on the principle of dispute avoidance.
To ask Her Majesty's Government what are the circumstances in which they would refer a bill passed by one of the devolved legislatures to the Supreme Court.
To ask Her Majesty's Government what are the circumstances in which they would refer a bill passed by one of the devolved legislatures to the Supreme Court.
The Law Officers may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of a devolved legislature to the Supreme Court for a decision.
This power is set out in relation to the Scottish Parliament, the Senedd and the Northern Ireland Assembly in section 33 of the Scotland Act 1998, section 112 of the Government of Wales Act 2006, and section 11 of the Northern Ireland Act 1998, respectively. The power must be exercised within four weeks of the Bill passing its final stage in the relevant devolved legislature.
The Law Officers exercise this power where we believe that a Bill, or a provision of a Bill, is outside the legislative competence of the relevant devolved legislature. The parameters of the devolved legislatures’ competence are set out in the relevant Acts of Parliament which have devolved various policy areas. The power in each case is discretionary and exercised in accordance with the wider public interest.
Turning to the particular Act of the Scottish Parliament to which the question refers, the UK Withdrawal from the European Union (Continuity) (Scotland) Bill passed its final stage in the Scottish Parliament on 22 December 2020. Having taken all relevant matters into consideration, the Law Officers decided that in all the circumstances to use their discretion not to refer the UK Withdrawal from the European Union (Continuity) (Scotland) Bill to the Supreme Court.
My Lords, in engagement with the devolved authorities, the Government must respect the devolution settlement and the devolved authorities need to recognise that we have a Government of the whole United Kingdom. Is it possible to do that with equal respect to both parties?
My Lords, in engagement with the devolved authorities, the Government must respect the devolution settlement and the devolved authorities need to recognise that we have a Government of the whole United Kingdom. Is it possible to do that with equal respect to both parties?
Absolutely, there needs to be equal respect. That is why there has been a major review of how we ensure effective working between the devolved Governments and the United Kingdom Government. It has taken some time to conclude.
My Lords, setting aside the anti-British obsession of the SNP, do the Government not recognise that post-Brexit legislation has left all the devolved Administrations concerned that the Government are taking powers back from them and are seeking to take United Kingdom decisions using English Ministers as the final buttress? Does he recognise that that approach is not acceptable and not consistent with his opening remarks?
My Lords, setting aside the anti-British obsession of the SNP, do the Government not recognise that post-Brexit legislation has left all the devolved Administrations concerned that the Government are taking powers back from them and are seeking to take United Kingdom decisions using English Ministers as the final buttress? Does he recognise that that approach is not acceptable and not consistent with his opening remarks?
No, my Lords. I do understand that there have been rhetoric and statements about this. I repeat what I said to the noble Baroness opposite: the Government are deeply committed to strengthening the union. Part of that, obviously, is showing full and
appropriate respect to our partners in the devolved Administrations. I think that, when your Lordships come to see the outcome, it will be understood that the new intergovernment relations protocol and approaches will fully reflect that mutual respect.
Ideally, devolution allows for divergence across the nations and co-operation to deal with common interests and issues. That has been demonstrated throughout the pandemic, but Great Britain is an island with open borders and right now Scotland has the highest infection rate in Europe. The two main hospitals in the Grampian health board area—the Aberdeen Royal Infirmary and Dr Gray’s Hospital in Elgin—along with Raigmore Hospital in Inverness are on black alert dealing with only urgent
and emergency cases as a result of catch-up for non-Covid, increasing Covid admissions and staff shortages because of Covid and isolation rules. Will Ministers across Governments work to ensure that as we move to lift restrictions we do so in a co-ordinated way that avoids the chaos and confusion that might otherwise occur?
Ideally, devolution allows for divergence across the nations and co-operation to deal with common interests and issues. That has been demonstrated throughout the pandemic, but Great Britain is an island with open borders and right now Scotland has the highest infection rate in Europe. The two main hospitals in the Grampian health board area—the Aberdeen Royal Infirmary and Dr Gray’s Hospital in Elgin—along with Raigmore Hospital in Inverness are on black alert dealing with only urgent
and emergency cases as a result of catch-up for non-Covid, increasing Covid admissions and staff shortages because of Covid and isolation rules. Will Ministers across Governments work to ensure that as we move to lift restrictions we do so in a co-ordinated way that avoids the chaos and confusion that might otherwise occur?
My Lords, there has been extraordinary support from the United Kingdom Government to the devolved Administrations, Scotland not least, both financial and practical. Indeed, I believe the UK Government have provided around 55% of tests in Scotland. However, I return to the fundamental point. I shall not comment on the performance of the devolved Administrations as I do not think that is appropriate, but they have devolved authority to act on public health within their borders.
My Lords, I understand the frustration of the travel, hospitality and leisure industries that want to get their businesses up and running as quickly as possible. However, does the Minister accept that there are some concerns? The first is that with the rollout of the vaccine continuing over the summer, many young people, including students who want to study overseas, may be excluded from the chance to travel. Is there not a risk that the demand for passports, if they were introduced, could create a bureaucratic logjam that could interfere with the vaccine rollout and may unhelpfully aggravate the arguments over which vaccines are the most effective?
My Lords, I understand the frustration of the travel, hospitality and leisure industries that want to get their businesses up and running as quickly as possible. However, does the Minister accept that there are some concerns? The first is that with the rollout of the vaccine continuing over the summer, many young people, including students who want to study overseas, may be excluded from the chance to travel. Is there not a risk that the demand for passports, if they were introduced, could create a bureaucratic logjam that could interfere with the vaccine rollout and may unhelpfully aggravate the arguments over which vaccines are the most effective?
My Lords, I hope very much that that is not the case. The Government’s objective is to see a safe and sustainable return to international travel for business and pleasure. To achieve this, my colleagues in the Department for Transport will be leading a successor to the Global Travel Taskforce. It is important that we work towards that objective.
My Lords, how many more times will the Government watch a failed attempt to bring the Northern Ireland Assembly and Executive back into being before they find the kind of initiative that might break the deadlock and give the people of Northern Ireland what they need, which is local politicians capable of delivering and willing to deliver so many things which are hanging undone, unfinanced and undelivered?
My Lords, how many more times will the Government watch a failed attempt to bring the Northern Ireland Assembly and Executive back into being before they find the kind of initiative that might break the deadlock and give the people of Northern Ireland what they need, which is local politicians capable of delivering and willing to deliver so many things which are hanging undone, unfinanced and undelivered?
The noble Lord is correct. He will be aware that last week there was an attempt for the Assembly to sit, but it was unable to do so because it could not be done on a cross-community basis. We must ensure that each element of the treaties which we are obliged to meet, not least the Belfast agreement, is met in full, but in reality the parties in Northern Ireland have that responsibility and they must answer to the people sooner rather than later.
Does the House recognise that the upturn in support for the Alliance Party in the recent elections demonstrates that there is a mood in Northern Ireland for reconciliation and compromise, to which the political parties need to respond? In what way will be the Government be prepared to ensure that these talks continue until a conclusion is reached, bringing in outside agencies if necessary, and to legislate in this place if that helps to take pressure off some of the difficult issues? These things can all bring a solution and the people of Northern Ireland have expressed a wish to get a result.
Does the House recognise that the upturn in support for the Alliance Party in the recent elections demonstrates that there is a mood in Northern Ireland for reconciliation and compromise, to which the political parties need to respond? In what way will be the Government be prepared to ensure that these talks continue until a conclusion is reached, bringing in outside agencies if necessary, and to legislate in this place if that helps to take pressure off some of the difficult issues? These things can all bring a solution and the people of Northern Ireland have expressed a wish to get a result.
No stone will be left unturned in the effort to secure a restored Executive. The talks going on now are conducted in the most positive of times. It is important that, during this period, we make hay while the sun shines.
To ask Her Majesty’s Government what new proposals they are considering to facilitate co-decision making on United Kingdom matters between the Government and the devolved administrations.
To ask Her Majesty’s Government what new proposals they are considering to facilitate co-decision making on United Kingdom matters between the Government and the devolved administrations.
My Lords, the UK Government and devolved Administrations are working together to develop common frameworks in policy areas where powers returning from the EU intersect with devolved competence and where we need to continue working together following EU exit. We are also carrying out a joint review of intergovernmental relations with the devolved Administrations, considering both the principles and machinery that underpin relations and how they can facilitate the best relationships possible for the future.
I hope that that will have a positive outcome, but will the Minister take note of a publication today by the Institute for Government entitled Ministers Reflect on Devolution? If so, he will note the frustration expressed by Ministers of all parties about the relationship between devolved and UK Ministers. Given that the UK is now in effect a quasi-federal state, is it not time for a more fundamental review of how the devolved Administrations can genuinely be part of UK decision-making, even considering a royal commission and the possible role of qualified majority voting?
I hope that that will have a positive outcome, but will the Minister take note of a publication today by the Institute for Government entitled Ministers Reflect on Devolution? If so, he will note the frustration expressed by Ministers of all parties about the relationship between devolved and UK Ministers. Given that the UK is now in effect a quasi-federal state, is it not time for a more fundamental review of how the devolved Administrations can genuinely be part of UK decision-making, even considering a royal commission and the possible role of qualified majority voting?
I understand the frustration to which the noble Lord refers: that was reflected in our debate earlier this year initiated by the noble Lord, Lord Lisvane. After that, I undertook to communicate with the Chancellor of the Duchy of Lancaster, who wrote back to try to allay those concerns, and a copy has been placed in the Library. The review to which I referred is a joint review and can make progress only if it is agreed by all four parties. The noble Lord suggested the heavy guns of a royal commission; I think some nimble light artillery might be better focused to address the issue.
My Lords, does the Minister not acknowledge that the longer this stalemate goes on, the more polarised politics in Northern Ireland becomes and the more dangerous the situation is? Will he not follow up things he has suggested before, including making the Assembly active while positive measures are taken to restore the Executive, rather than determining to get an Executive before the Assembly comes together, so that politicians at least meet each other?
My Lords, does the Minister not acknowledge that the longer this stalemate goes on, the more polarised politics in Northern Ireland becomes and the more dangerous the situation is? Will he not follow up things he has suggested before, including making the Assembly active while positive measures are taken to restore the Executive, rather than determining to get an Executive before the Assembly comes together, so that politicians at least meet each other?
The noble Lord is correct: polarisation is a great risk in Northern Ireland. As we have said before, we are making every endeavour to restore the Assembly and are exploring every possible way. On my previous time at the Dispatch Box, I said that I would sit down with noble Lords who have an interest, hopefully to take this matter forward.
My Lords, there is a real possibility now that Brexit may be extended well beyond the deadline in legislation for restoring the Assembly in Northern Ireland. In those circumstances, in accordance with what the noble Lord, Lord Dubs, just said, is it not time that the Government appointed a mediator to get the parties together to propose interim solutions such as re-establishing the scrutiny committees and to stop allowing the parties to blame each other for their total abdication of responsibility?
My Lords, there is a real possibility now that Brexit may be extended well beyond the deadline in legislation for restoring the Assembly in Northern Ireland. In those circumstances, in accordance with what the noble Lord, Lord Dubs, just said, is it not time that the Government appointed a mediator to get the parties together to propose interim solutions such as re-establishing the scrutiny committees and to stop allowing the parties to blame each other for their total abdication of responsibility?
As the House has heard already, the noble Lord, Lord Callanan, made it very clear that we will not extend this particular process at all. That is not the intention of the Government. However, we need to recognise that, irrespective of Brexit, this is about good governance in Northern Ireland, and there is no good governance in Northern Ireland today. We cannot solely rely on a Civil Service to deliver what elective representatives should do. We recognise that for what it is. We are now in the twilight of that particular opportunity: it will darken, and we will move on.
My Lords, is the Minister aware that the LSE has produced figures which show that the Scottish economy could lose £30 billion as the result of Brexit? My own city of Aberdeen could lose 7% of its economy over the next five years. Will the Government now acknowledge that leaving the single market and the customs union cannot be a deal for the United Kingdom, but would betray the United Kingdom and put it at risk?
My Lords, is the Minister aware that the LSE has produced figures which show that the Scottish economy could lose £30 billion as the result of Brexit? My own city of Aberdeen could lose 7% of its economy over the next five years. Will the Government now acknowledge that leaving the single market and the customs union cannot be a deal for the United Kingdom, but would betray the United Kingdom and put it at risk?
This Government will never betray the United Kingdom, and we will not betray the fact that, when the referendum was held, over a million more people in the United Kingdom
voted to leave than to remain. We will continue to negotiate for a deal that is best for the whole United Kingdom. That is why, in her Florence speech, the Prime Minister set out the importance of making further progress, of having an implementation period and of ensuring that there is certainty as we move to the next phase of being able to make our own decisions in our own way.
My Lords, is it not worth noting that the SNP claimed that it could deliver independence in two years after winning a referendum? It has been in government for over nine years. Should the people of Scotland not welcome the fact that it now recognises that it is not competent to take over the welfare responsibilities, not least because it is failing to meet outcomes and targets on
education, health, transport, justice, policing, and local government—indeed, on everything? It is really time that it recognised that it is not up to the job.
My Lords, is it not worth noting that the SNP claimed that it could deliver independence in two years after winning a referendum? It has been in government for over nine years. Should the people of Scotland not welcome the fact that it now recognises that it is not competent to take over the welfare responsibilities, not least because it is failing to meet outcomes and targets on
education, health, transport, justice, policing, and local government—indeed, on everything? It is really time that it recognised that it is not up to the 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.