UK Parliament / Open data

Scotland Bill

Committee of the Whole House (HL) and Debate on bills on Monday, 22 February 2016, in the House of Lords, led by Lord Dunlop.
Lords committee stage third day. Clauses 19 to 30 and 32 to 70 agreed to, with clauses 21, 27, 28 and 65 agreed to as amended. Clause 31 disagreed. Bill reported with amendments (HL Bill 97). Part 2 of 2.

About these Parliamentary proceedings

Reference

769 cc57-130 

Session

2015-16

Department

Scotland Office

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber
Scotland Bill 2015-16. Brought from the Commons.
Tuesday, 10 November 2015
Bills
House of Lords
Scotland Bill. Constitution Committee (HL) sixth report.
Friday, 20 November 2015
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee fifteenth report.
Wednesday, 2 December 2015
Parliamentary committees
House of Lords
Scotland Bill
Monday, 22 February 2016
Parliamentary proceedings
House of Lords

Show all related items (5)
Scotland Bill 2015-16. As amended in Committee.
Monday, 22 February 2016
Bills
House of Lords

Proceeding contributions

Lord McFall of Alcluith | 769 c57 (Link to this contribution)

Moved by

Lord McFall of Alcluith

75: After Clause 19, insert the following new Clause...

Lord McFall of Alcluith | 769 cc57-61 (Link to this contribution)

My Lords, Amendment 75 provides for the process leading to annual settlement between the Treasury...


Show all contributions (127)
Lord Kerr of Kinlochard | 769 cc61-2 (Link to this contribution)

I rise to speak to Amendment 75A. I was in meetings in Glasgow this morning and came in during th...

Lord Forsyth of Drumlean | 769 c62 (Link to this contribution)

I wonder if the noble Lord could help me. When he talks about setting a limit on borrowing, are w...

Lord Kerr of Kinlochard | 769 c63 (Link to this contribution)

I hope that the noble Lord, Lord Dunlop, knows, but I do not think that any of the rest of us kno...

Lord Wallace of Tankerness | 769 cc63-5 (Link to this contribution)

My Lords, I shall speak to Amendment 76. The points made by the noble Lord, Lord Kerr of Kinlocha...

Lord McCluskey | 769 cc65-6 (Link to this contribution)

My Lords, I shall speak to Amendments 79F and 79G. I have in my hands substantial notes. They wer...

Lord McCluskey | 769 c66 (Link to this contribution)

Yes—that was, of course, part of the purpose of the article I wrote for the Herald, which the nob...

Lord McFall of Alcluith | 769 c66 (Link to this contribution)

If I remember correctly, the Chancellor of the Exchequer appeared before the Treasury Committee i...

Lord McCluskey | 769 cc66-8 (Link to this contribution)

I fully accept what the noble Lord says; however I argue that there is room for argument as to wh...

Lord Forsyth of Drumlean | 769 cc68-70 (Link to this contribution)

My Lords, I wish to speak briefly to my Amendment 79H, which I hope provides a way out for my nob...

Lord McCluskey | 769 c70 (Link to this contribution)

I hope the noble Lord, Lord Forsyth, will forgive me for interrupting him. It sometimes happens t...

Lord Forsyth of Drumlean | 769 cc70-2 (Link to this contribution)

I do love the noble and learned Lord, Lord McCluskey, as a politician making these penetrating po...

Lord Darling of Roulanish | 769 cc72-5 (Link to this contribution)

My Lords, in the earlier procedural debate we touched on many of the issues regarding whether we ...

Lord McCluskey | 769 c75 (Link to this contribution)

The noble Lord said that the Barnett formula works. I doubt that anyone would contradict that. It...

Lord Darling of Roulanish | 769 c75 (Link to this contribution)

In relation to the Barnett formula, I chose my words carefully. I said that it worked; I did not ...

Lord Bruce of Bennachie | 769 c76 (Link to this contribution)

I support Amendment 76 but I have sympathy with all these amendments. I think the noble Lord, Lor...

Lord Forsyth of Drumlean | 769 c76 (Link to this contribution)

It might be worth having a look at the committee report that was done on the Barnett formula, whi...

Lord Bruce of Bennachie | 769 cc77-8 (Link to this contribution)

I certainly do not repudiate that point, but it is still worth acknowledging the fact because it ...

Lord Turnbull | 769 cc78-9 (Link to this contribution)

My Lords, I support Amendment 75A moved by the noble Lord, Lord Kerr, on debt and borrowing. The ...

Lord Thomas of Gresford | 769 cc79-80 (Link to this contribution)

My Lords, I feel obliged to intervene for Wales for a moment, because there is a very solid Welsh...

Earl of Kinnoull | 769 c80 (Link to this contribution)

My Lords, I support Amendments 76 and 79G. Like many other noble Lords, I have found much that is...

Lord Purvis of Tweed | 769 cc80-2 (Link to this contribution)

My Lords, I add support to my noble and learned friend Lord Wallace of Tankerness’s amendment in ...

Lord Dunlop | 769 cc82-3 (Link to this contribution)

My Lords, we have had a detailed debate with many authoritative contributions, and I welcome the ...

Lord Wallace of Tankerness | 769 c84 (Link to this contribution)

If there was migration from Scotland as a result of higher tax rates, clearly the population rati...

Lord Dunlop | 769 c84 (Link to this contribution)

As I was saying, that is an indirect, or behavioural effect. It is not a direct effect: that is t...

Lord Forsyth of Drumlean | 769 c84 (Link to this contribution)

Before my noble friend does that, will he actually answer the question? It was, how do you tell w...

Lord Dunlop | 769 c84 (Link to this contribution)

One is a direct consequence of a policy decision, so in the example I gave of personal allowances...

Lord Forsyth of Drumlean | 769 c84 (Link to this contribution)

I am most grateful to my noble friend. May we just take the example that he gave—that was raised ...

Lord Dunlop | 769 cc84-5 (Link to this contribution)

My noble friend misunderstands what I am saying. I am not necessarily saying that those should be...

Lord Wallace of Tankerness | 769 c85 (Link to this contribution)

Teasing this out, may I give an example that is hypothetical in one sense, because it is historic...

Lord Dunlop | 769 c85 (Link to this contribution)

No, I do not believe that that would be a no detriment in the sense that the UK Government would ...

Lord Forsyth of Drumlean | 769 c85 (Link to this contribution)

The Smith commission report says in paragraph 4a:

“Where either the UK or the Scottish Gove...

Lord Dunlop | 769 c85 (Link to this contribution)

No; we are not departing from the Smith agreement at all. It is the function of the negotiations....

Lord McFall of Alcluith | 769 c85 (Link to this contribution)

The noble Lord mentioned the issue of WILLIEs—people who work in London but live in Edinburgh. If...

Lord Dunlop | 769 c86 (Link to this contribution)

As I said, as regards tax competition, that would not be counted for in terms of compensation. I ...

Lord McCluskey | 769 c86 (Link to this contribution)

May I ask about a point on the language used by the Minister? He drew a distinction between direc...

Lord Dunlop | 769 c86 (Link to this contribution)

As I said, the Smith agreement is a set of high-level principles. The negotiations are about how ...

Lord McCluskey | 769 c86 (Link to this contribution)

Is that expression “high-level principle” a euphemism for low-level politics?

Lord Dunlop | 769 c86 (Link to this contribution)

No; it is the responsibility of the two Governments to work out this package of powers and how th...

Lord Purvis of Tweed | 769 c86 (Link to this contribution)

I am anxious to make time before the Minister moves on from this specific aspect of indirect detr...

Lord Dunlop | 769 cc86-7 (Link to this contribution)

No; we will not see disputes, because that is the process we are involved in at the moment, which...

Lord Kerr of Kinlochard | 769 c87 (Link to this contribution)

Has the Minister looked at that bit of the Economic Affairs Committee report, where the committee...

Lord Dunlop | 769 cc87-8 (Link to this contribution)

We very much recognise what that report says, which is that if you interpret the no-detriment pri...

Lord Wallace of Tankerness | 769 c88 (Link to this contribution)

This is the point I was trying to get at before. The Minister has just said it; he may correct me...

Lord Dunlop | 769 c88 (Link to this contribution)

I think we are reflecting at the outset that Scotland produces a lower proportion of total UK inc...

Lord Darling of Roulanish | 769 c88 (Link to this contribution)

Can the Minister explain another point he raised? I am puzzled how it will ever be possible withi...

Lord Dunlop | 769 c89 (Link to this contribution)

As I said, the agreement will set out the mechanism by which these matters are determined, so in ...

Lord Darling of Roulanish | 769 c89 (Link to this contribution)

I have one more observation. I am just wondering how, in the case of the SNP, perpetual wrangling...

Lord Dunlop | 769 c89 (Link to this contribution)

A good start is if we actually get an agreement that, I hope, we can announce in the not too dist...

Lord McFall of Alcluith | 769 c89 (Link to this contribution)

Can I press the Minister on this? We have three models in front of us—the per capita index deduct...

Lord Dunlop | 769 c89 (Link to this contribution)

The Committee will understand that at a very delicate time in the negotiations I do not want to c...

Lord Forsyth of Drumlean | 769 c89 (Link to this contribution)

I have a question before my noble friend moves on. I accept we have had a good go on this but I a...

Lord Dunlop | 769 cc90-1 (Link to this contribution)

If there is faster population growth in the rest of the UK, that obviously will not just increase...

Lord Turnbull | 769 c91 (Link to this contribution)

Will the Minister clarify a matter for me? When he talks about additional primary legislation, is...

Lord Dunlop | 769 c91 (Link to this contribution)

As I said, it depends on the timing of an agreement. Obviously it would be preferable, if possibl...

Lord Kerr of Kinlochard | 769 c91 (Link to this contribution)

The noble Lord said that this is not the most controversial element. In fact, he implied that it ...

Lord Dunlop | 769 c91 (Link to this contribution)

The difficulty is that you cannot separate out one element of what is an overall package. Both Go...

Lord Forsyth of Drumlean | 769 c91 (Link to this contribution)

Perhaps I might get the politics of this right. The proposal is that we absolutely have to get th...

Lord Dunlop | 769 cc91-2 (Link to this contribution)

No, I do not believe that it does. My noble friend is asking me to comment on hypotheticals. We a...

Lord McFall of Alcluith | 769 c92 (Link to this contribution)

There does not seem to me to be a need for separate legislation on borrowing. It is very importan...

Lord Dunlop | 769 c92 (Link to this contribution)

As I said, what we require in terms of legislation for borrowing depends on the final agreement. ...

Lord Kerr of Kinlochard | 769 cc92-3 (Link to this contribution)

Tabled by

Lord Kerr of Kinlochard

75A: After Clause 19, insert the following new Clau...

Lord Kerr of Kinlochard | 769 c93 (Link to this contribution)

I understand the Minister’s point about nothing being agreed until everything is agreed. That see...

Lord Davidson of Glen Clova | 769 c93 (Link to this contribution)

Moved by

Lord Davidson of Glen Clova

77: Clause 20, page 23, leave out lines 4 to 12 ...

Lord Davidson of Glen Clova | 769 cc93-6 (Link to this contribution)

My Lords, I rise to speak to Amendments 77 and 79 in my name and that of my noble friend Lord McA...

Lord Kirkwood of Kirkhope | 769 cc95-9 (Link to this contribution)

My Lords, it is a pleasure to follow the noble and learned Lord, Lord Davidson of Glen Clova, and...

Lord Purvis of Tweed | 769 c99 (Link to this contribution)

My Lords, I thank my noble friend for tabling these amendments, in particular Amendments 77N and ...

Lord Dunlop | 769 cc100-2 (Link to this contribution)

I thank the noble and learned Lord, Lord Davidson, for raising the amendments in his name and tha...

Lord Kirkwood of Kirkhope | 769 c102 (Link to this contribution)

The Minister is being helpful but this is important. I do not see any escalation mechanism. I sup...

Lord Dunlop | 769 cc103-4 (Link to this contribution)

The first thing to say is that we do not anticipate problems. That is why I go back to this being...

Lord Davidson of Glen Clova | 769 c104 (Link to this contribution)

I express my gratitude to the Minister for the clarifications that he has given in relation to di...

Lord Dunlop | 769 cc104-5 (Link to this contribution)

Moved by

Lord Dunlop

77B: Clause 21, page 24, line 42, at end insert—

“( ) In s...

Lord Dunlop | 769 c105 (Link to this contribution)

Moved by

Lord Dunlop

77P: Clause 27, page 29, line 3, leave out “43” and insert “43(1...

Lord Dunlop | 769 c106 (Link to this contribution)

Moved by

Lord Dunlop

77S: Clause 28, page 29, line 35, leave out from beginning to “n...

Lord McAvoy | 769 c106 (Link to this contribution)

Moved by

Lord McAvoy

78: After Clause 28, insert the following new Clause—

“Joi...

Lord McAvoy | 769 cc106-8 (Link to this contribution)

My Lords, I speak to Amendment 78 standing in my name and that of my noble and learned friend Lor...

Lord Dunlop | 769 c108 (Link to this contribution)

I thank the noble Lord, Lord McAvoy, for his amendment. With this Bill we are moving into a new w...

Lord Kirkwood of Kirkhope | 769 c108 (Link to this contribution)

That is an important group; I confess that I did not know that it met and dealt with those things...

Lord Dunlop | 769 c109 (Link to this contribution)

The noble Lord raises a good point. One thing that I will take away from this debate is to see ho...

Lord McAvoy | 769 cc109-110 (Link to this contribution)

My Lords, I thank the Minister for his positive response, particularly with regard to his respons...

Lord Dunlop | 769 c110 (Link to this contribution)

Moved by

Lord Dunlop

79ZB: After Clause 30, insert the following new Clause—

“S...

Lord Dunlop | 769 c110 (Link to this contribution)

Moved by

Lord Dunlop

79ZE: Clause 65, page 73, line 20, after “24,” insert “25,”

<...
Lord Hope of Craighead | 769 c111 (Link to this contribution)

Moved by

Lord Hope of Craighead

79A: Clause 68, page 74, line 22, leave out paragraph...

Lord Hope of Craighead | 769 cc111-3 (Link to this contribution)

My Lords, this amendment is the first in a group which deals with Clause 68 and draws attention t...

Baroness D'Souza | 769 c112 (Link to this contribution)

My Lords, if this amendment is agreed to, I cannot call Amendment 79AA by reason of pre-emption.<...

Lord Wallace of Tankerness | 769 cc112-4 (Link to this contribution)

My Lords, amendments in my name and that of my noble friend Lord Stephen are in this group. Basic...

Lord McCluskey | 769 c114 (Link to this contribution)

Before the noble and learned Lord sits down, may I ask him a question on that point that I meant ...

Lord Wallace of Tankerness | 769 cc114-5 (Link to this contribution)

The noble and learned Lord makes a very important and perceptive point, and I am glad it is not m...

Lord Forsyth of Drumlean | 769 c115 (Link to this contribution)

Could the noble and learned Lord, with his considerable experience, give me some legal advice? I ...

Lord Wallace of Tankerness | 769 c115 (Link to this contribution)

That is a good point. As the noble Lord was making it I was wondering whether the phrase,

“...

Earl of Kinnoull | 769 c115 (Link to this contribution)

I support the amendment tabled by the noble and learned Lord, Lord Hope of Craighead. I said near...

Lord Forsyth of Drumlean | 769 c116 (Link to this contribution)

My Lords, when I first saw Clause 68 I was outraged, and my instinct was to take it out entirely....

Lord Norton of Louth | 769 cc116-7 (Link to this contribution)

My Lords, I want to reinforce points that have already been made. It is important to stress that ...

Lord McAvoy | 769 cc117-8 (Link to this contribution)

My Lords, I join in the debate and fully endorse all of the speeches made, particularly by the no...

Lord Dunlop | 769 cc118-120 (Link to this contribution)

First, I thank noble and learned Lords for their contribution to the debate about Clause 68. Thes...

Lord Purvis of Tweed | 769 c119 (Link to this contribution)

It is welcome to hear the Government’s view as regards potential amendments on Report. However, i...

Lord Dunlop | 769 c119 (Link to this contribution)

I am happy to take the noble Lord’s point away and reflect on it, and I shall either write to him...

Lord Forsyth of Drumlean | 769 c119 (Link to this contribution)

Can I take my noble friend back to the debate we had earlier when the noble Lord, Lord Turnbull, ...

Lord Dunlop | 769 c119 (Link to this contribution)

I absolutely stand by what I said earlier. There may be some aspects of borrowing that could be d...

Lord Hope of Craighead | 769 c119 (Link to this contribution)

Before the Minister sits down yet again, I am not quite sure from his explanation that he has ful...

Lord Dunlop | 769 c119 (Link to this contribution)

I will certainly give further thought to what the noble and learned Lord has said and come back t...

Lord Hope of Craighead | 769 c121 (Link to this contribution)

My Lords, I am extremely grateful to all noble and noble and learned Lords who have spoken in thi...

Lord McCluskey | 769 c121 (Link to this contribution)

Moved by

Lord McCluskey

79F: After Clause 68, insert the following new Clause—

...

Lord McCluskey | 769 cc121-2 (Link to this contribution)

I am not sure whether I moved Amendment 79F originally, but if I did, I would want to withdraw it...

Baroness Pitkeathley | 769 c122 (Link to this contribution)

As the noble and learned Lord has spoken to the amendment, I think he will have to move it, after...

Lord Wallace of Tankerness | 769 c122 (Link to this contribution)

On the important point made by the noble and learned Lord, Lord McCluskey, about having to table ...

Lord Hope of Craighead | 769 c122 (Link to this contribution)

I am sorry to intervene on the same point but we have today debated Part 7, in which Clause 68 ap...

Lord Dunlop | 769 c122 (Link to this contribution)

This obviously has to be discussed through the usual channels but my understanding is that we wil...

Baroness Pitkeathley | 769 c122 (Link to this contribution)

Does the noble and learned Lord, Lord McCluskey, now wish to withdraw his amendment?

Lord McCluskey | 769 c122 (Link to this contribution)

With the leave of the Committee, I beg leave to withdraw the amendment.

Earl of Kinnoull | 769 c123 (Link to this contribution)

Moved by

The Earl of Kinnoull

80: Clause 69, page 75, line 17, leave out subsections ...

Earl of Kinnoull | 769 cc123-4 (Link to this contribution)

My Lords, in moving Amendment 80, I wish to speak also to Amendment 81.

Amendment 80 is int...

Earl of Dundee | 769 c124 (Link to this contribution)

My Lords, in supporting this amendment, I stress three aspects: its timeliness without leading to...

Baroness Hayter of Kentish Town | 769 cc124-6 (Link to this contribution)

My Lords, I speak to Amendment 82, in my name and that of my noble friend Lord McAvoy, which allo...

Lord Hope of Craighead | 769 c125 (Link to this contribution)

My Lords, I add a word in support of the amendment in the name of the noble Baroness, Lady Hayter...

Lord Wallace of Tankerness | 769 c127 (Link to this contribution)

My Lords, it certainly had not been my intention to take part but I do so given the comments of t...

Lord Dunlop | 769 cc127-8 (Link to this contribution)

I thank the noble Baroness, Lady Hayter, and the noble Earl, Lord Kinnoull, for the amendments th...

Baroness Hayter of Kentish Town | 769 c129 (Link to this contribution)

Before the Minister sits down, the noble and learned Lord, Lord Hope, who I thank for his interve...

Lord Dunlop | 769 c129 (Link to this contribution)

I am very happy to write to the noble Baroness on that point.

Earl of Kinnoull | 769 c129 (Link to this contribution)

I thank the Minister for what he said. I was rather ungracious earlier on: he spent a lot of time...

Legislation

Scotland Bill 2015-16
Back to top