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My Lords, I accept that Amendments 1 and 2 could not be moved, and will not be moved by me or by the noble and learned Lord, Lord Wallace of Tankerness. However, in the light of the Minister’s statement, I make a brief comment. It sounds to me very like...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
21 March 2016
Reference
769 cc2071-2
House
House of Lords

The noble and learned Lord talked about the likelihood of litigation. Is he aware—I am sure he is—that the Human Rights Act itself is extremely productive of legislation at all levels of our courts in Scotland and elsewhere? Therefore, if the Government proceed with their intention to introduce a domestic...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
21 March 2016
Reference
769 c2073
House
House of Lords

Moved by

Lord McCluskey

17: After Clause 70, insert the following new Clause—

“The Barnett Formula

Within 30 days of the date on which this Act is passed, the Secretary of State shall publish as a memorandum, supplementary to the agreement between the Scottish Government and the United Kingdom Government on the Scottish Government’s...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
21 March 2016
Reference
769 c2085
House
House of Lords

My Lords, I promise to be brief. I have been in this House just short of four decades and I have noticed that the easy way to empty the House at the end of Oral Questions is to read out the name of a measure that contains the word “Scotland”....

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
21 March 2016
Reference
769 c2085
House
House of Lords

I shall conclude by saying that I acknowledge that that is exactly correct. It was an extremely worthwhile proposal and I am thankful that, one way or another, as the months and years pass by, we will be able to get the whole truth out about what has happened in...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
21 March 2016
Reference
769 c2086
House
House of Lords

My Lords, I can be brief indeed. I am encouraged by what the Minister has said. Indeed, I have been encouraged by the remarks of other noble Lords who have supported me. The noble Lord, Lord Selkirk of Douglas, mentioned the concept of responsibility. I believe that it is our...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
21 March 2016
Reference
769 c2089
House
House of Lords

My Lords, I support the amendment proposed by my noble and learned friend Lord Hope of Craighead and would like the Minister to explain the assumption behind this clause as drafted.

Is the assumption that the Sewel convention, as it is called, would be in force and therefore there would...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
15 March 2016
Reference
769 c1757
House
House of Lords

Would the Minister be good enough to include me in the correspondence that he sends to the noble and learned Lord, Lord Hope, because this is a live and important matter that we have to discuss on Monday when the Scotland Bill comes back to this House for Third Reading.

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
15 March 2016
Reference
769 c1760
House
House of Lords

My Amendment 67A is in a different group but, with respect, because it deals with the Barnett formula it ought to be considered at this stage. It raises the general question of the formula, as did its predecessor, which contained a reference to the Government’s obligation to publish the Scottish...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
29 February 2016
Reference
769 cc649-650
House
House of Lords

Forgive me—yes. The document that talks about the unintended consequences is the House of Lords document.

One thing is foreseeable: that the Scottish population will decline in relation to the UK population because, as the noble Lord, Lord McFall, pointed out, that has been the position for hundreds of years. In...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
29 February 2016
Reference
769 cc650-1
House
House of Lords

My Lords, that was my 14th point. My notes state that the arrangements for resolution of these disputes read like the draft of a script for a BBC drama that would put “War and Peace” to shame.

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
29 February 2016
Reference
769 c651
House
House of Lords

Perhaps the noble Earl will permit me to ask him a brief question arising out of what he has said. If those of us who reside in Scotland are going to benefit so much, as we all think we are, should we be declaring an interest in speaking in this...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
29 February 2016
Reference
769 c654
House
House of Lords

My Lords, I am sorry that the Government were unable to adopt something more along the lines of my Amendment 67. The purpose of that amendment was to ensure that there was an independent Scottish Fiscal Commission, and the provisions in it were designed to achieve exactly that. However, I...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
29 February 2016
Reference
769 c671
House
House of Lords

At the risk of mixing my metaphors, although they will be well understood by all Members of this House, have we not, for the duration of this Bill, been burying our heads, ostrich-like, in the sand, while turning a blind eye to the elephant in the room? Did we awaken...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
24 February 2016
Reference
769 c267
House
House of Lords

My Lords, I have simply one question to ask the Minister at this stage. Given the failure of the Government to respond positively to the submissions that were cogently advanced both in Committee and here today—the same, by the way, applies to many of the other amendments we discussed in...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
24 February 2016
Reference
769 c279
House
House of Lords

Before the Minister moves on, may I ask just one question? In the earlier debate, I asked whether the words “the people of Scotland” included Andy Murray, the tennis player, and he could not answer. The noble Lord, Lord Norton of Louth, has suggested a simple amendment that would make...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
24 February 2016
Reference
769 c284
House
House of Lords

My Lords, I need not repeat the arguments that the noble Lord, Lord Cormack, has put forward again so clearly. We need say nothing more about “normally” except that we were anxious to help to improve the Bill. This was not anti the Government or anti the Scottish Administration.

My second...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
24 February 2016
Reference
769 cc289-290
House
House of Lords

Has the noble Lord thought of suggesting to the Minister that perhaps he could take an informal word from the noble and learned Lord, Lord Mackay of Clashfern, who also had a rather distinguished career in the law?

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
24 February 2016
Reference
769 c292
House
House of Lords

Do I understand the noble and learned Lord correctly that, without choosing between them, there are two ways to solve the problem he considers to be so important? One is to do what the noble Lord, Lord Cormack, has suggested—delete the word “normally”—and the other would be to adopt either...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
24 February 2016
Reference
769 c296
House
House of Lords

Would the noble Lord support this possible solution? There is quite some time between now and Third Reading. If the Minister, with the support of others—he would certainly have the support of the Liberal party—could approach his new friends in Edinburgh in the Scottish National Party, and the noble Lord,...

Member
Lord McCluskey (Crossbench)
Type
Proceeding contributions
Date
24 February 2016
Reference
769 c298
House
House of Lords