“In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit Section J1 (abortion).”—(Stephen Barclay.)
This amendment removes the specific reservation of abortion in part 2 of schedule 5 of the Scotland Act 1998 thereby devolving legislative competence on the subject-matter of abortion to the Scottish Parliament.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
The House divided:
Ayes 350, Noes 183.
Division No. 113]
[
9.35 pm
AYES
Adams, Nigel
Afriyie, Adam
Ahmed-Sheikh, Ms Tasmina
Aldous, Peter
Allan, Lucy
Allen, Heidi
Andrew, Stuart
Ansell, Caroline
Argar, Edward
Arkless, Richard
Atkins, Victoria
Bacon, Mr Richard
Baker, Mr Steve
Baldwin, Harriett
Barclay, Stephen
Bardell, Hannah
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Berry, James
Bingham, Andrew
Black, Mhairi
Blackford, Ian
Blackman, Bob
Blackman, Kirsty
Blackwood, Nicola
Blunt, Crispin
Boles, Nick
Bone, Mr Peter
Bradley, Karen
Brady, Mr Graham
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brock, Deidre
Brokenshire, rh James
Brown, Alan
Bruce, Fiona
Buckland, Robert
Burns, Conor
Burns, rh Sir Simon
Burrowes, Mr David
Burt, rh Alistair
Cairns, Alun
Cameron, Dr Lisa
Carmichael, Neil
Cartlidge, James
Cash, Sir William
Caulfield, Maria
Chalk, Alex
Chapman, Douglas
Cherry, Joanna
Chishti, Rehman
Chope, Mr Christopher
Churchill, Jo
Clark, rh Greg
Clarke, rh Mr Kenneth
Cleverly, James
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Costa, Alberto
Cowan, Ronnie
Cox, Mr Geoffrey
Crabb, rh Stephen
Crawley, Angela
Crouch, Tracey
Davies, Glyn
Davies, Dr James
Davies, Mims
Day, Martyn
Dinenage, Caroline
Djanogly, Mr Jonathan
Docherty, Martin John
Donaldson, Stuart Blair
Donelan, Michelle
Double, Steve
Dowden, Oliver
Doyle-Price, Jackie
Drax, Richard
Drummond, Mrs Flick
Duncan, rh Sir Alan
Duncan Smith, rh Mr Iain
Durkan, Mark
Edwards, Jonathan
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Mr Nigel
Evennett, rh Mr David
Fabricant, Michael
Fallon, rh Michael
Fellows, Marion
Fernandes, Suella
Field, rh Mark
Foster, Kevin
Frazer, Lucy
Freer, Mike
Fuller, Richard
Fysh, Marcus
Gale, Sir Roger
Garnier, rh Sir Edward
Garnier, Mark
Gauke, Mr David
Gethins, Stephen
Ghani, Nusrat
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goodwill, Mr Robert
Gove, rh Michael
Grady, Patrick
Graham, Richard
Grant, Mrs Helen
Grant, Peter
Gray, Mr James
Gray, Neil
Grayling, rh Chris
Green, Chris
Green, rh Damian
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, rh Robert
Hall, Luke
Hammond, Stephen
Hancock, rh Matthew
Hands, rh Greg
Harper, rh Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Sir Oliver
Heappey, James
Heaton-Harris, Chris
Heaton-Jones, Peter
Henderson, Gordon
Hendry, Drew
Herbert, rh Nick
Hermon, Lady
Hinds, Damian
Hoare, Simon
Hollinrake, Kevin
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Hosie, Stewart
Howarth, Sir Gerald
Howell, John
Howlett, Ben
Huddleston, Nigel
Hurd, Mr Nick
Jackson, Mr Stewart
Jayawardena, Mr Ranil
Jenkin, Mr Bernard
Jenkyns, Andrea
Jenrick, Robert
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kennedy, Seema
Kerevan, George
Kerr, Calum
Kinahan, Danny
Kirby, Simon
Knight, rh Sir Greg
Knight, Julian
Kwarteng, Kwasi
Lancaster, Mark
Latham, Pauline
Law, Chris
Leadsom, Andrea
Lee, Dr Phillip
Lefroy, Jeremy
Leigh, Sir Edward
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, rh Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lucas, Caroline
Lumley, Karen
Mackinlay, Craig
Mackintosh, David
MacNeil, Mr Angus Brendan
Main, Mrs Anne
Mak, Mr Alan
Malthouse, Kit
Mathias, Dr Tania
Maynard, Paul
Mc Nally, John
McCaig, Callum
McCartney, Jason
McCartney, Karl
McDonald, Stewart Malcolm
McDonald, Stuart C.
McGarry, Natalie
McLaughlin, Anne
McLoughlin, rh Mr Patrick
Menzies, Mark
Mercer, Johnny
Merriman, Huw
Metcalfe, Stephen
Miller, rh Mrs Maria
Milling, Amanda
Mills, Nigel
Milton, rh Anne
Monaghan, Carol
Monaghan, Dr Paul
Mordaunt, Penny
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, James
Morton, Wendy
Mowat, David
Mulholland, Greg
Mullin, Roger
Mundell, rh David
Murray, Mrs Sheryll
Murrison, Dr Andrew
Neill, Robert
Newlands, Gavin
Newton, Sarah
Nicolson, John
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Hara, Brendan
Offord, Dr Matthew
Opperman, Guy
Oswald, Kirsten
Parish, Neil
Patel, rh Priti
Paterson, rh Mr Owen
Paterson, Steven
Pawsey, Mark
Penning, rh Mike
Penrose, John
Percy, Andrew
Phillips, Stephen
Philp, Chris
Pickles, rh Sir Eric
Pincher, Christopher
Poulter, Dr Daniel
Pow, Rebecca
Prentis, Victoria
Prisk, Mr Mark
Pritchard, Mark
Pursglove, Tom
Quin, Jeremy
Quince, Will
Raab, Mr Dominic
Redwood, rh John
Rees-Mogg, Mr Jacob
Ritchie, Ms Margaret
Robertson, rh Angus
Robertson, Mr Laurence
Robinson, Gavin
Robinson, Mary
Rosindell, Andrew
Rudd, rh Amber
Rutley, David
Salmond, rh Alex
Scully, Paul
Selous, Andrew
Shannon, Jim
Shelbrooke, Alec
Sheppard, Tommy
Simpson, rh Mr Keith
Skidmore, Chris
Smith, Chloe
Smith, Henry
Smith, Julian
Smith, Royston
Soames, rh Sir Nicholas
Solloway, Amanda
Soubry, rh Anna
Spelman, rh Mrs Caroline
Spencer, Mark
Stephens, Chris
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Graham
Sturdy, Julian
Sunak, Rishi
Swayne, rh Mr Desmond
Thewliss, Alison
Thomas, Derek
Thompson, Owen
Thomson, Michelle
Throup, Maggie
Tolhurst, Kelly
Tomlinson, Justin
Tomlinson, Michael
Tracey, Craig
Tredinnick, David
Trevelyan, Mrs Anne-Marie
Tugendhat, Tom
Turner, Mr Andrew
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Charles
Walker, Mr Robin
Warburton, David
Warman, Matt
Watkinson, Dame Angela
Weir, Mike
Wharton, James
Whately, Helen
Wheeler, Heather
White, Chris
Whiteford, Dr Eilidh
Whitford, Dr Philippa
Whittaker, Craig
Whittingdale, rh Mr John
Wiggin, Bill
Williams, Hywel
Williamson, rh Gavin
Wilson, Corri
Wilson, Mr Rob
Wishart, Pete
Wollaston, Dr Sarah
Wood, Mike
Wragg, William
Wright, rh Jeremy
Zahawi, Nadhim
Tellers for the Ayes:
George Hollingbery
and
Margot James
NOES
Abbott, Ms Diane
Abrahams, Debbie
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Barron, rh Kevin
Benn, rh Hilary
Betts, Mr Clive
Blackman-Woods, Dr Roberta
Blenkinsop, Tom
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, rh Mr Nicholas
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burgon, Richard
Burnham, rh Andy
Butler, Dawn
Byrne, rh Liam
Cadbury, Ruth
Campbell, rh Mr Alan
Campbell, Mr Ronnie
Champion, Sarah
Chapman, Jenny
Coaker, Vernon
Coffey, Ann
Cooper, Julie
Cooper, rh Yvette
Corbyn, Jeremy
Cox, Jo
Coyle, Neil
Creasy, Stella
Cruddas, Jon
Cryer, John
Cummins, Judith
Cunningham, Alex
Cunningham, Mr Jim
Danczuk, Simon
David, Wayne
Davies, Geraint
De Piero, Gloria
Doughty, Stephen
Dowd, Jim
Dowd, Peter
Dromey, Jack
Dugher, Michael
Eagle, Ms Angela
Eagle, Maria
Elliott, Julie
Ellman, Mrs Louise
Esterson, Bill
Evans, Chris
Fitzpatrick, Jim
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Gapes, Mike
Glass, Pat
Glindon, Mary
Godsiff, Mr Roger
Goodman, Helen
Green, Kate
Greenwood, Lilian
Greenwood, Margaret
Griffith, Nia
Haigh, Louise
Hamilton, Fabian
Hanson, rh Mr David
Hayes, Helen
Hayman, Sue
Healey, rh John
Hepburn, Mr Stephen
Hillier, Meg
Hodgson, Mrs Sharon
Hollern, Kate
Hopkins, Kelvin
Howarth, rh Mr George
Hunt, Tristram
Huq, Dr Rupa
Irranca-Davies, Huw
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Kane, Mike
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Kinnock, Stephen
Kyle, Peter
Lavery, Ian
Leslie, Chris
Lewell-Buck, Mrs Emma
Lewis, Clive
Long Bailey, Rebecca
Lucas, Ian C.
Lynch, Holly
Mactaggart, rh Fiona
Madders, Justin
Mahmood, Mr Khalid
Mahmood, Shabana
Malhotra, Seema
Mann, John
Marris, Rob
Marsden, Mr Gordon
Maskell, Rachael
Matheson, Christian
McCabe, Steve
McCarthy, Kerry
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGinn, Conor
McGovern, Alison
McInnes, Liz
Mearns, Ian
Moon, Mrs Madeleine
Morden, Jessica
Morris, Grahame M.
Murray, Ian
Onn, Melanie
Onwurah, Chi
Osamor, Kate
Owen, Albert
Pennycook, Matthew
Perkins, Toby
Phillips, Jess
Phillipson, Bridget
Pound, Stephen
Powell, Lucy
Reed, Mr Steve
Reynolds, Emma
Reynolds, Jonathan
Rimmer, Marie
Rotheram, Steve
Shah, Naz
Sharma, Mr Virendra
Sherriff, Paula
Shuker, Mr Gavin
Siddiq, Tulip
Skinner, Mr Dennis
Slaughter, Andy
Smeeth, Ruth
Smith, rh Mr Andrew
Smith, Angela
Smith, Cat
Smith, Nick
Smith, Owen
Smyth, Karin
Spellar, rh Mr John
Stevens, Jo
Streeting, Wes
Stringer, Graham
Stuart, rh Ms Gisela
Tami, Mark
Thomas, Mr Gareth
Thomas-Symonds, Nick
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turley, Anna
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, Valerie
Watson, Mr Tom
West, Catherine
Whitehead, Dr Alan
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Woodcock, John
Wright, Mr Iain
Zeichner, Daniel
Tellers for the Noes:
Vicky Foxcroft
and
Jeff Smith
Question accordingly agreed to.
9 Nov 2015 : Column 158
9 Nov 2015 : Column 159
9 Nov 2015 : Column 160
9 Nov 2015 : Column 161
New clause 15 read a Second time, and added to the Bill.
9.47 pm
More than five hours having elapsed since the commencement of proceedings on the programme motion, the proceedings were interrupted (Programme Order, this day).
The Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
Public sector duty regarding socio-economic inequalities
“(1) Part 1 of the Equality Act 2010 (socio-economic inequalities) is amended as follows.
(2) Section 1 (public sector duty) is amended as follows.
(3) In subsection (2) for “by a Minister of the Crown” substitute “in accordance with subsection (2A)”.
(4) After subsection (2) insert—
“(2A) The guidance to be taken into account under subsection (2) is—
(a) in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers;
(b) in any other case, guidance issued by a Minister of the Crown.”
9 Nov 2015 : Column 162
(5) Section 2 (power to amend section 1) is amended as follows.
(6) In subsections (7) and (9) omit “the Scottish Ministers or”.
(7) In subsection (10) for “the Ministers” substitute “the Welsh Ministers”.
(8) In subsection (11) for “section” substitute “Part”.
(9) In section 216 of that Act (commencement) at the beginning of subsection (3) insert “Subject to subsection (4),” and after that subsection insert—
“(4) The following provisions of Part 1 (socio-economic inequalities) come into force on such day as the Scottish Ministers may by order appoint—
(a) section 1, so far as it applies to a relevant authority as defined by section 2(5);
(b) section 2, so far as it confers a power on the Scottish Ministers;
(c) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a).
(5) The following do not apply to an order under subsection (4)—
(a) section 207(2) (see instead section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: powers exercisable by Scottish statutory instrument), and
(10) In the Interpretation and Legislative Reform (Scotland) Act 2010, in section 30(4) (other instruments laid before the Parliament: exceptions) after paragraph (i) insert—
“(j) section 216(4) of the Equality Act 2010 (c.15).””—(Stephen Barclay.)
This new clause enables the Scottish Ministers to commence Part 1 of the Equality Act 2010 in respect of public bodies exercising devolved functions in Scotland. It also enables the Scottish Ministers to issue guidance to public authorities in Scotland exercising devolved functions and makes consequential amendments.
Brought up, and added to the Bill.
Destination of fines, forfeitures and fixed penalties
“(1) The Scotland Act 1998 is amended as follows.
(2) After section 65 (payments out of the Scottish Consolidated Fund) insert—
“65A Destination of fines, forfeitures and fixed penalties
Where an Act of Parliament or subordinate legislation under an Act of Parliament requires or authorises a sum to be paid into the Consolidated Fund, and the sum appears to the Secretary of State to be a fine, forfeiture or fixed penalty, the Secretary of State may with the consent of the Treasury by regulations modify the Act or subordinate legislation so as to require or authorise the sum to be paid instead into the Scottish Consolidated Fund.”
(3) In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2) insert at the appropriate place—
—
(Stephen Barclay.)
This clause will allow the Secretary of State, with the Treasury’s consent, to amend primary and secondary legislation, so that fines, forfeitures, and fixed penalties imposed by courts and tribunals in Scotland are retained by the Scottish Government by changing the destination from the Consolidated Fund to the Scottish Consolidated Fund.
Brought up, and added to the Bill.
9 Nov 2015 : Column 163
Tax credits
“(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 is amended as follows.
(2) In the Exceptions, after exception 9 (see section (Welfare foods) (2) above) insert—
The subject-matter of the Tax Credits Act 2002.””—(Dr Eilidh Whiteford.)
This New Clause devolves to the Scottish Parliament the power to make provision for child tax credit, and working tax credit.
Question put, That the clause be added to the Bill.
The House divided:
Ayes 56, Noes 477.
Division No. 114]
[
9.48 pm
AYES
Ahmed-Sheikh, Ms Tasmina
Arkless, Richard
Bardell, Hannah
Black, Mhairi
Blackford, Ian
Blackman, Kirsty
Brock, Deidre
Brown, Alan
Cameron, Dr Lisa
Chapman, Douglas
Cherry, Joanna
Cowan, Ronnie
Crawley, Angela
Day, Martyn
Docherty, Martin John
Donaldson, Stuart Blair
Durkan, Mark
Fellows, Marion
Gethins, Stephen
Grady, Patrick
Grant, Peter
Gray, Neil
Hendry, Drew
Hosie, Stewart
Kerevan, George
Kerr, Calum
Law, Chris
Lucas, Caroline
MacNeil, Mr Angus Brendan
Mc Nally, John
McCaig, Callum
McDonald, Stewart Malcolm
McDonald, Stuart C.
McGarry, Natalie
McLaughlin, Anne
Monaghan, Carol
Monaghan, Dr Paul
Mullin, Roger
Newlands, Gavin
Nicolson, John
O'Hara, Brendan
Oswald, Kirsten
Paterson, Steven
Ritchie, Ms Margaret
Robertson, rh Angus
Salmond, rh Alex
Sheppard, Tommy
Stephens, Chris
Thewliss, Alison
Thompson, Owen
Thomson, Michelle
Weir, Mike
Whiteford, Dr Eilidh
Whitford, Dr Philippa
Wilson, Corri
Wishart, Pete
Tellers for the Ayes:
Hywel Williams
and
Jonathan Edwards
NOES
Abbott, Ms Diane
Abrahams, Debbie
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Alexander, Heidi
Ali, Rushanara
Allan, Lucy
Allen, Mr Graham
Allen, Heidi
Anderson, Mr David
Andrew, Stuart
Ansell, Caroline
Argar, Edward
Ashworth, Jonathan
Atkins, Victoria
Austin, Ian
Bacon, Mr Richard
Bailey, Mr Adrian
Baker, Mr Steve
Baldwin, Harriett
Barclay, Stephen
Baron, Mr John
Barron, rh Kevin
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benn, rh Hilary
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Berry, James
Betts, Mr Clive
Bingham, Andrew
Blackman, Bob
Blackman-Woods, Dr Roberta
Blackwood, Nicola
Blenkinsop, Tom
Blomfield, Paul
Blunt, Crispin
Boles, Nick
Bone, Mr Peter
Bradley, Karen
Bradshaw, rh Mr Ben
Brady, Mr Graham
Brazier, Mr Julian
Brennan, Kevin
Bridgen, Andrew
Brine, Steve
Brokenshire, rh James
Brown, rh Mr Nicholas
Bruce, Fiona
Bryant, Chris
Buck, Ms Karen
Buckland, Robert
Burden, Richard
Burgon, Richard
Burnham, rh Andy
Burns, Conor
Burns, rh Sir Simon
Burrowes, Mr David
Burt, rh Alistair
Butler, Dawn
Byrne, rh Liam
Cadbury, Ruth
Cairns, Alun
Campbell, rh Mr Alan
Campbell, Mr Gregory
Campbell, Mr Ronnie
Carmichael, Neil
Cartlidge, James
Cash, Sir William
Caulfield, Maria
Chalk, Alex
Champion, Sarah
Chapman, Jenny
Chishti, Rehman
Chope, Mr Christopher
Churchill, Jo
Clark, rh Greg
Clarke, rh Mr Kenneth
Cleverly, James
Coaker, Vernon
Coffey, Ann
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cooper, Julie
Cooper, rh Yvette
Corbyn, Jeremy
Costa, Alberto
Cox, Mr Geoffrey
Cox, Jo
Coyle, Neil
Crabb, rh Stephen
Creasy, Stella
Crouch, Tracey
Cruddas, Jon
Cryer, John
Cummins, Judith
Cunningham, Alex
Cunningham, Mr Jim
Danczuk, Simon
David, Wayne
Davies, Geraint
Davies, Glyn
Davies, Dr James
Davies, Mims
De Piero, Gloria
Dinenage, Caroline
Djanogly, Mr Jonathan
Donelan, Michelle
Double, Steve
Doughty, Stephen
Dowd, Jim
Dowd, Peter
Dowden, Oliver
Doyle-Price, Jackie
Drax, Richard
Dromey, Jack
Drummond, Mrs Flick
Dugher, Michael
Duncan, rh Sir Alan
Duncan Smith, rh Mr Iain
Eagle, Ms Angela
Eagle, Maria
Elliott, Julie
Ellis, Michael
Ellison, Jane
Ellman, Mrs Louise
Ellwood, Mr Tobias
Elphicke, Charlie
Esterson, Bill
Eustice, George
Evans, Chris
Evans, Graham
Evans, Mr Nigel
Evennett, rh Mr David
Fabricant, Michael
Fallon, rh Michael
Fernandes, Suella
Field, rh Mark
Fitzpatrick, Jim
Flint, rh Caroline
Flynn, Paul
Foster, Kevin
Fovargue, Yvonne
Foxcroft, Vicky
Frazer, Lucy
Freer, Mike
Fuller, Richard
Fysh, Marcus
Gale, Sir Roger
Gapes, Mike
Garnier, rh Sir Edward
Garnier, Mark
Gauke, Mr David
Ghani, Nusrat
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glass, Pat
Glen, John
Glindon, Mary
Godsiff, Mr Roger
Goodman, Helen
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Grayling, rh Chris
Green, Chris
Green, rh Damian
Green, Kate
Greenwood, Lilian
Greenwood, Margaret
Grieve, rh Mr Dominic
Griffith, Nia
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Haigh, Louise
Halfon, rh Robert
Hall, Luke
Hamilton, Fabian
Hammond, Stephen
Hancock, rh Matthew
Hands, rh Greg
Hanson, rh Mr David
Harper, rh Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Haselhurst, rh Sir Alan
Hayes, Helen
Hayes, rh Mr John
Hayman, Sue
Heald, Sir Oliver
Healey, rh John
Heappey, James
Heaton-Harris, Chris
Heaton-Jones, Peter
Henderson, Gordon
Herbert, rh Nick
Hermon, Lady
Hillier, Meg
Hinds, Damian
Hoare, Simon
Hodgson, Mrs Sharon
Hollern, Kate
Hollinrake, Kevin
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kelvin
Hopkins, Kris
Howarth, rh Mr George
Howarth, Sir Gerald
Howell, John
Howlett, Ben
Huddleston, Nigel
Hunt, Tristram
Huq, Dr Rupa
Hurd, Mr Nick
Irranca-Davies, Huw
Jackson, Mr Stewart
Jarvis, Dan
Jayawardena, Mr Ranil
Jenkin, Mr Bernard
Jenkyns, Andrea
Jenrick, Robert
Johnson, Diana
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Mr Marcus
Jones, Susan Elan
Kane, Mike
Kaufman, rh Sir Gerald
Kawczynski, Daniel
Keeley, Barbara
Kendall, Liz
Kennedy, Seema
Kinahan, Danny
Kinnock, Stephen
Kirby, Simon
Knight, rh Sir Greg
Knight, Julian
Kwarteng, Kwasi
Kyle, Peter
Lancaster, Mark
Latham, Pauline
Lavery, Ian
Leadsom, Andrea
Lee, Dr Phillip
Lefroy, Jeremy
Leigh, Sir Edward
Leslie, Chris
Letwin, rh Mr Oliver
Lewell-Buck, Mrs Emma
Lewis, Brandon
Lewis, Clive
Lewis, rh Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Long Bailey, Rebecca
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lucas, Ian C.
Lumley, Karen
Lynch, Holly
Mackinlay, Craig
Mackintosh, David
Mactaggart, rh Fiona
Madders, Justin
Mahmood, Mr Khalid
Mahmood, Shabana
Main, Mrs Anne
Mak, Mr Alan
Malhotra, Seema
Malthouse, Kit
Mann, John
Marris, Rob
Marsden, Mr Gordon
Maskell, Rachael
Matheson, Christian
Mathias, Dr Tania
Maynard, Paul
McCabe, Steve
McCarthy, Kerry
McCartney, Jason
McCartney, Karl
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGinn, Conor
McGovern, Alison
McInnes, Liz
McLoughlin, rh Mr Patrick
Mearns, Ian
Menzies, Mark
Mercer, Johnny
Merriman, Huw
Metcalfe, Stephen
Miller, rh Mrs Maria
Milling, Amanda
Mills, Nigel
Milton, rh Anne
Moon, Mrs Madeleine
Mordaunt, Penny
Morden, Jessica
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, Grahame M.
Morris, James
Morton, Wendy
Mowat, David
Mulholland, Greg
Mundell, rh David
Murray, Ian
Murray, Mrs Sheryll
Murrison, Dr Andrew
Neill, Robert
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Onn, Melanie
Onwurah, Chi
Opperman, Guy
Osamor, Kate
Owen, Albert
Parish, Neil
Patel, rh Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, rh Mike
Pennycook, Matthew
Penrose, John
Percy, Andrew
Perkins, Toby
Phillips, Jess
Phillips, Stephen
Phillipson, Bridget
Philp, Chris
Pickles, rh Sir Eric
Pincher, Christopher
Poulter, Dr Daniel
Pound, Stephen
Pow, Rebecca
Powell, Lucy
Prentis, Victoria
Prisk, Mr Mark
Pritchard, Mark
Pursglove, Tom
Quin, Jeremy
Quince, Will
Raab, Mr Dominic
Redwood, rh John
Reed, Mr Steve
Rees-Mogg, Mr Jacob
Reynolds, Emma
Reynolds, Jonathan
Rimmer, Marie
Robertson, Mr Laurence
Robinson, Gavin
Robinson, Mary
Rosindell, Andrew
Rotheram, Steve
Rudd, rh Amber
Rutley, David
Scully, Paul
Selous, Andrew
Shah, Naz
Shannon, Jim
Sharma, Mr Virendra
Shelbrooke, Alec
Sherriff, Paula
Shuker, Mr Gavin
Siddiq, Tulip
Simpson, rh Mr Keith
Skidmore, Chris
Skinner, Mr Dennis
Slaughter, Andy
Smeeth, Ruth
Smith, rh Mr Andrew
Smith, Angela
Smith, Cat
Smith, Chloe
Smith, Henry
Smith, Jeff
Smith, Julian
Smith, Nick
Smith, Owen
Smith, Royston
Smyth, Karin
Soames, rh Sir Nicholas
Solloway, Amanda
Soubry, rh Anna
Spellar, rh Mr John
Spelman, rh Mrs Caroline
Spencer, Mark
Stephenson, Andrew
Stevens, Jo
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Streeting, Wes
Stride, Mel
Stringer, Graham
Stuart, rh Ms Gisela
Stuart, Graham
Sturdy, Julian
Sunak, Rishi
Swayne, rh Mr Desmond
Tami, Mark
Thomas, Derek
Thomas, Mr Gareth
Thomas-Symonds, Nick
Thornberry, Emily
Throup, Maggie
Timms, rh Stephen
Tolhurst, Kelly
Tomlinson, Justin
Tomlinson, Michael
Tracey, Craig
Tredinnick, David
Trevelyan, Mrs Anne-Marie
Trickett, Jon
Tugendhat, Tom
Turley, Anna
Turner, Mr Andrew
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaizey, Mr Edward
Vara, Mr Shailesh
Vaz, rh Keith
Vaz, Valerie
Vickers, Martin
Walker, Mr Charles
Walker, Mr Robin
Warburton, David
Warman, Matt
Watkinson, Dame Angela
Watson, Mr Tom
West, Catherine
Wharton, James
Whately, Helen
Wheeler, Heather
White, Chris
Whitehead, Dr Alan
Whittaker, Craig
Whittingdale, rh Mr John
Wiggin, Bill
Williamson, rh Gavin
Wilson, Phil
Wilson, Mr Rob
Winnick, Mr David
Winterton, rh Ms Rosie
Wollaston, Dr Sarah
Wood, Mike
Woodcock, John
Wragg, William
Wright, Mr Iain
Wright, rh Jeremy
Zahawi, Nadhim
Zeichner, Daniel
Tellers for the Noes:
George Hollingbery
and
Margot James
Question accordingly negatived.
9 Nov 2015 : Column 164
9 Nov 2015 : Column 165
9 Nov 2015 : Column 166
9 Nov 2015 : Column 167
Equal opportunities
“In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section L2 (equal opportunities).” —(Dr Eilidh Whiteford.)
This new clause would devolve equal opportunities to the Scottish Parliament.
Question put, That the clause be added to the Bill.
The House divided:
Ayes 61, Noes 288.
Division No. 115]
[
10.4 pm
AYES
Ahmed-Sheikh, Ms Tasmina
Arkless, Richard
Bardell, Hannah
Black, Mhairi
Blackford, Ian
Blackman, Kirsty
Brock, Deidre
Brown, Alan
Cameron, Dr Lisa
Campbell, Mr Gregory
Chapman, Douglas
Cherry, Joanna
Cowan, Ronnie
Crawley, Angela
Day, Martyn
Docherty, Martin John
Donaldson, Stuart Blair
Durkan, Mark
Fellows, Marion
Gethins, Stephen
Grady, Patrick
Grant, Peter
Gray, Neil
Hendry, Drew
Hermon, Lady
Hosie, Stewart
Kerevan, George
Kerr, Calum
Law, Chris
Lucas, Caroline
MacNeil, Mr Angus Brendan
Mc Nally, John
McCaig, Callum
McDonald, Stewart Malcolm
McDonald, Stuart C.
McGarry, Natalie
McLaughlin, Anne
Monaghan, Carol
Monaghan, Dr Paul
Mulholland, Greg
Mullin, Roger
Newlands, Gavin
Nicolson, John
O'Hara, Brendan
Oswald, Kirsten
Paterson, Steven
Ritchie, Ms Margaret
Robertson, rh Angus
Robinson, Gavin
Salmond, rh Alex
Shannon, Jim
Sheppard, Tommy
Stephens, Chris
Thewliss, Alison
Thompson, Owen
Thomson, Michelle
Weir, Mike
Whiteford, Dr Eilidh
Whitford, Dr Philippa
Wilson, Corri
Wishart, Pete
Tellers for the Ayes:
Hywel Williams
and
Jonathan Edwards
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Allan, Lucy
Allen, Heidi
Andrew, Stuart
Ansell, Caroline
Argar, Edward
Atkins, Victoria
Bacon, Mr Richard
Baker, Mr Steve
Baldwin, Harriett
Barclay, Stephen
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Berry, James
Bingham, Andrew
Blackman, Bob
Blackwood, Nicola
Blunt, Crispin
Boles, Nick
Bone, Mr Peter
Bradley, Karen
Brady, Mr Graham
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, rh James
Bruce, Fiona
Buckland, Robert
Burns, Conor
Burns, rh Sir Simon
Burrowes, Mr David
Burt, rh Alistair
Cairns, Alun
Carmichael, Neil
Cartlidge, James
Cash, Sir William
Caulfield, Maria
Chalk, Alex
Chishti, Rehman
Chope, Mr Christopher
Churchill, Jo
Clark, rh Greg
Clarke, rh Mr Kenneth
Cleverly, James
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Costa, Alberto
Cox, Mr Geoffrey
Crabb, rh Stephen
Crouch, Tracey
Davies, Glyn
Davies, Dr James
Davies, Mims
Dinenage, Caroline
Djanogly, Mr Jonathan
Donelan, Michelle
Double, Steve
Dowden, Oliver
Doyle-Price, Jackie
Drax, Richard
Drummond, Mrs Flick
Duncan, rh Sir Alan
Duncan Smith, rh Mr Iain
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Mr Nigel
Evennett, rh Mr David
Fabricant, Michael
Fallon, rh Michael
Fernandes, Suella
Field, rh Mark
Foster, Kevin
Frazer, Lucy
Freer, Mike
Fuller, Richard
Fysh, Marcus
Gale, Sir Roger
Garnier, rh Sir Edward
Garnier, Mark
Gauke, Mr David
Ghani, Nusrat
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Chris
Green, rh Damian
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, rh Robert
Hall, Luke
Hammond, Stephen
Hancock, rh Matthew
Hands, rh Greg
Harper, rh Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Sir Oliver
Heappey, James
Heaton-Harris, Chris
Heaton-Jones, Peter
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoare, Simon
Hollinrake, Kevin
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Howarth, Sir Gerald
Howell, John
Howlett, Ben
Huddleston, Nigel
Hurd, Mr Nick
Jackson, Mr Stewart
Jayawardena, Mr Ranil
Jenkin, Mr Bernard
Jenkyns, Andrea
Jenrick, Robert
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kennedy, Seema
Kinahan, Danny
Kirby, Simon
Knight, rh Sir Greg
Knight, Julian
Kwarteng, Kwasi
Lancaster, Mark
Latham, Pauline
Leadsom, Andrea
Lee, Dr Phillip
Lefroy, Jeremy
Leigh, Sir Edward
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, rh Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Mackinlay, Craig
Mackintosh, David
Main, Mrs Anne
Mak, Mr Alan
Malthouse, Kit
Mathias, Dr Tania
Maynard, Paul
McCartney, Jason
McCartney, Karl
McLoughlin, rh Mr Patrick
Menzies, Mark
Mercer, Johnny
Merriman, Huw
Metcalfe, Stephen
Miller, rh Mrs Maria
Milling, Amanda
Mills, Nigel
Milton, rh Anne
Mordaunt, Penny
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, James
Morton, Wendy
Mowat, David
Mundell, rh David
Murray, Mrs Sheryll
Murrison, Dr Andrew
Neill, Robert
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Opperman, Guy
Parish, Neil
Patel, rh Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, rh Mike
Penrose, John
Percy, Andrew
Phillips, Stephen
Philp, Chris
Pickles, rh Sir Eric
Pincher, Christopher
Poulter, Dr Daniel
Pow, Rebecca
Prentis, Victoria
Prisk, Mr Mark
Pritchard, Mark
Pursglove, Tom
Quin, Jeremy
Quince, Will
Raab, Mr Dominic
Redwood, rh John
Rees-Mogg, Mr Jacob
Robertson, Mr Laurence
Robinson, Mary
Rosindell, Andrew
Rudd, rh Amber
Rutley, David
Scully, Paul
Selous, Andrew
Shelbrooke, Alec
Simpson, rh Mr Keith
Skidmore, Chris
Smith, Chloe
Smith, Henry
Smith, Julian
Smith, Royston
Soames, rh Sir Nicholas
Solloway, Amanda
Soubry, rh Anna
Spelman, rh Mrs Caroline
Spencer, Mark
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Graham
Sturdy, Julian
Sunak, Rishi
Swayne, rh Mr Desmond
Thomas, Derek
Throup, Maggie
Tolhurst, Kelly
Tomlinson, Justin
Tomlinson, Michael
Tracey, Craig
Tredinnick, David
Trevelyan, Mrs Anne-Marie
Tugendhat, Tom
Turner, Mr Andrew
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Charles
Walker, Mr Robin
Warburton, David
Warman, Matt
Watkinson, Dame Angela
Wharton, James
Whately, Helen
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, rh Mr John
Wiggin, Bill
Williamson, rh Gavin
Wilson, Mr Rob
Wollaston, Dr Sarah
Wood, Mike
Wragg, William
Wright, rh Jeremy
Zahawi, Nadhim
Tellers for the Noes:
George Hollingbery
and
Margot James
Question accordingly negatived.
9 Nov 2015 : Column 168
9 Nov 2015 : Column 169
Disability, industrial injuries and carer’s benefits
Amendments made:70, page 22, line 43, leave out “relevant carer” and insert “person”.
To enable the Scottish Parliament to legislate for the payment of a carer’s benefit to a person who is under 16, is in full-time education or is gainfully employed, this amendment removes the defined term “relevant carer” and replaces it with “person”.
9 Nov 2015 : Column 170
Amendment 71, page 22, leave out lines 45 to 48.—(Stephen Barclay.)
This amendment removes the definition of “relevant carer” which, as consequence of amendment 70, is no longer required.
Benefits for maternity, funeral and heating expenses
Amendments made: 72, page 23, line 27, after “financial” insert “or other”.
This amendment and amendment 73 will give the Scottish Parliament the competence to legislate for forms of non-financial assistance to support people with a view to reducing maternity expenses, funeral expenses or expenses for heating in cold weather.
Amendment 73, page 23, line 27, at end insert “or reducing”.
See the explanatory statement for amendment 72.
Amendment 191, page 23, line 33, leave out “8” and insert “10”.
This amendment is consequential on NC14 and NC34. It adjusts the numbering in the heading to a provision inserted by clause 20.
Amendment 192, page 23, line 34, leave out “8” and insert “10”.—(Stephen Barclay.)
This amendment is consequential on NC14 and NC34. It provides that nothing in the exceptions inserted by those New Clauses is to be read as excepting the National Insurance Fund, the Social Fund or the provision of budgeting loans.
Discretionary housing payments
Amendment made: 76, page 24, leave out lines 38 to 48.—(Stephen Barclay.)
This amendment removes the limit on the amount of discretionary financial assistance an individual who is in receipt of a reserved benefit to assist with rental costs can receive. The discretionary financial assistance must still be provided to help the individual with their housing costs.
Universal credit: costs of claimants who rent accommodation
Amendment made: 77, page 26, line 22, leave out from “regulations” to end of line 25 and insert—
(a) the Scottish Ministers make regulations to which this section applies, and
(b) the Secretary of State considers that it is not practicable to implement a change made by the regulations by the time that change is to start to have effect,
the Secretary of State may by regulations made by statutory instrument amend the regulations so that the change is to start to have effect from a time later than the time originally set.
( ) The altered time must be no later than the Secretary of State considers necessary, having regard to the practicability of implementing the change.”—(Stephen Barclay.)
This amendment replaces the provision that prevents regulations being made by the Scottish Ministers unless the Secretary of State has agreed the start date of any changes with a power for the Secretary of State to postpone the start date if this cannot be met.
9 Nov 2015 : Column 171
Universal credit: persons to whom, and time when, paid
Amendment made: 78, page 27, line 2, leave out from “regulations” to end of line 5 and insert—
(a) the Scottish Ministers make regulations to which this section applies, and
(b) the Secretary of State considers that it is not practicable to implement a change made by the regulations by the time that change is to start to have effect,
the Secretary of State may by regulations made by statutory instrument amend the regulations so that the change is to start to have effect from a time later than the time originally set.
( ) The altered time must be no later than the Secretary of State considers necessary, having regard to the practicability of implementing the change.” —(Stephen Barclay.)
This amendment replaces the provision that prevents regulations being made by the Scottish Ministers unless the Secretary of State has agreed the start date of any changes with a power for the Secretary of State to postpone the start date if this cannot be met.
Functions exercisable within devolved competence
Amendments made: 79, page 28, line 12, leave out “or 26” and insert “, 26 or [Welfare foods]”.
This amendment ensures that functions of Ministers of the Crown in relation to welfare foods transfer to Scottish Ministers along with legislative competence.
Amendment 80, page 28, line 24, leave out “or 26” and insert “, 26 or [Welfare foods]”.
This amendment makes a necessary consequential change flowing from the devolution of executive competence effected by amendment 79 to make clear that, in Clause 27 the relevant date is the date on which the relevant provision of New Clause 14 comes into force.
Amendment 81, page 28, line 29, after “sections” insert
“[Functions exercisable within devolved competence: elections],”. —
(Stephen Barclay.)
This amendment is consequential to the amendments made to New Clause 13.
Information-sharing
Amendments made: 82, page 29, line 32, after “pensions,” insert—
“( ) welfare foods,”.
This amendment ensures that the Secretary of State and Scottish Ministers may share information during the course of devolving welfare foods functions and subsequently.
Amendment 193, page 29, line 38, after “8” insert “and 10”.
This amendment is consequential on NC34. It provides that a function exercisable by the Scottish Ministers within devolved competence by virtue of the exception inserted by that New Clause is a relevant Scottish social security function for the purposes of sharing information under clause 29.
Amendment 83, page 29, line 45, at the end insert—
‘( ) a function of the Scottish Ministers relating to welfare foods;” —(Stephen Barclay.)
This amendment is consequential on New Clause 14 and ensures that the meaning of “relevant Scottish social security function” includes the Scottish Ministers’ functions relating to welfare foods.
9 Nov 2015 : Column 172
Crown Estate
Amendments made: 84, page 31, line 12, at end insert—
“(4A) The property, rights and interests to which the existing Scottish functions relate must continue to be managed on behalf of the Crown.
(4B) That does not prevent the disposal of property, rights or interests for the purposes of that management.
(4C) Subsection (4A) also applies to property, rights or interests acquired in the course of that management (except revenues to which section 1(2) of the Civil List Act 1952 applies).
(4D) The property, rights and interests to which subsection (4A) applies must be maintained as an estate in land or as estates in land managed separately (with any proportion of cash or investments that seems to the person managing the estate to be required for the discharge of functions relating to its management).”
The inserted subsections replace subsection (10) of the Clause. They clarify how the requirement to maintain as an estate in land will operate after the transfer: that there may be separately managed estates; that management is on behalf of the Crown; and that this does not prevent disposals but includes all acquisitions.
Amendment 85, page 31, line 30, leave out
“the existing Scottish functions relate”
and insert “subsection (4A) applies”.
This amendment is consequential on amendment 84.
Amendment 86, page 31, line 35, leave out
“the existing Scottish functions relate”
and insert “subsection (4A) applies”.
This amendment is consequential on amendment 84.
Amendment 87, page 31, line 37, leave out
“other functions of the Commissioners”
“the Commissioners’ functions other than the existing Scottish functions”.
This amendment amends new section 90B(8)(d) to clarify the wording in this provision.
Amendment 88, page 32, line 20, leave out from beginning to “after” in line 21 and insert—
‘( ) Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended as follows.
( ) In sub-paragraph (3) of paragraph 2,”.
This is consequential on amendment 89.
Amendment 89, page 32, line 22, at end insert—
‘( ) After that sub-paragraph insert—
(3A) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the requirements of section 90B(4A) to (4D).””
This amends Schedule 5 to the Scotland Act 1998 to provide for the reservation of the subject-matter of subsections (4A) to (4D) of new section 90B (inserted by amendment 84).
Amendment 90, page 32, line 39, leave out “the transferred functions relate” and insert “section 90B(4A) applies”.
This is consequential on amendment 84.
Amendment 91, page 32, line 40, leave out “the Secretary of State or”.
Clause 31(5) applies a modified version of the Crown Estate Act 1961 to the transferee. This amendment omits “the Secretary of State” from Clause 31(5)(b), since there will be no references to the Secretary of State in that Act as modified.
Amendment 92, page 33, line 7, at end insert—
“in section 4, the words “with the consent of Her Majesty signified under the Royal Sign Manual”;”.
9 Nov 2015 : Column 173
Clause 31(5) applies a modified version of the Crown Estate Act 1961 to the transferee. This amendment omits the reference to the Royal Sign Manual in the modified Act, so that Her Majesty will not be required to consent to certain post-transfer transactions by the transferee.
Amendment 93, page 33, line 14, after “1998” insert
“(subject to subsections (4A) to (4D) of that section)”.
This makes the power to make an Order in Council in Clause 31(7) subject to subsections (4A) to (4D) of new section 90B, which are inserted by amendment 84.
Amendment 94, page 33, line 15, at end insert—
‘( ) An Order in Council under subsection (7) may in particular—
(a) establish a body, including a body that may be nominated under that section as the transferee;
(b) amend, repeal, revoke or otherwise modify an enactment, an Act of the Scottish Parliament, or an instrument made under an enactment or Act of the Scottish Parliament.”
This clarifies the scope of the power to make an Order in Council in Clause 31(7). A body can be established by such an order and the order can include amendments to, in particular, an Act of Parliament or an Act of the Scottish Parliament.
Amendment 95, page 33, line 26, leave out subsection (10).—(Stephen Barclay.)
This is consequential on amendment 84 which replaces the provision in subsection (10) about the requirement to maintain an estate in land.
Equal opportunities
Amendments made: 96, page 33, line 44, leave out subsection (2) and insert—
‘(2) Omit the words from “, including the subject-matter of” to “1995”.”
This amendment removes any reference to legislation from the equal opportunities reservation in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998.
Amendment 97, page 34, leave out lines 3 and 4.
This amendment removes the exception to the reservation on socio economic inequalities as this area is already devolved.
Amendment 98, page 34, line 4, at end insert—
“Equal opportunities so far as relating to the inclusion of persons with protected characteristics in non-executive posts on boards of Scottish public authorities with mixed functions or no reserved functions.”
This amendment makes specific provision for the Scottish Parliament to have legislative competence to enact positive measures in appointments to the boards of Scottish public authorities, including the modification of existing reserved legislation.
Amendment 100, page 34, line 6, after second “authority” insert
“, other than any function that relates to the inclusion of persons in non-executive posts on boards of Scottish public authorities with mixed functions or no reserved functions.”
This amendment is consequential to amendment 98.
Amendment 99, page 34, line 8, after second “or” insert “of”.—(Stephen Barclay.)
This amendment corrects a typographical omission.
Amendment proposed: 26, page 34, line 13, at end insert
“including the imposition of minimum quotas for women and other persons with protected characteristics across all levels of public and political representation in Scotland.”
.
—
(Ian Murray.)
This Amendment is intended to make explicit that, among the exceptions to reserved matters on equal opportunities, the power is being devolved to the Scottish Parliament to set gender quotas.
9 Nov 2015 : Column 174
Question put, That the amendment be made.
The House divided:
Ayes 242, Noes 287.
Division No. 116]
[
10.16 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ahmed-Sheikh, Ms Tasmina
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Arkless, Richard
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bardell, Hannah
Barron, rh Kevin
Benn, rh Hilary
Betts, Mr Clive
Black, Mhairi
Blackford, Ian
Blackman, Kirsty
Blackman-Woods, Dr Roberta
Blenkinsop, Tom
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brock, Deidre
Brown, Alan
Brown, rh Mr Nicholas
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burgon, Richard
Burnham, rh Andy
Butler, Dawn
Byrne, rh Liam
Cadbury, Ruth
Cameron, Dr Lisa
Campbell, rh Mr Alan
Campbell, Mr Gregory
Campbell, Mr Ronnie
Champion, Sarah
Chapman, Douglas
Chapman, Jenny
Cherry, Joanna
Coaker, Vernon
Cooper, Julie
Cooper, rh Yvette
Cowan, Ronnie
Cox, Jo
Coyle, Neil
Crawley, Angela
Creasy, Stella
Cruddas, Jon
Cryer, John
Cummins, Judith
Cunningham, Alex
Cunningham, Mr Jim
Danczuk, Simon
David, Wayne
Davies, Geraint
Day, Martyn
De Piero, Gloria
Docherty, Martin John
Donaldson, Stuart Blair
Doughty, Stephen
Dowd, Jim
Dowd, Peter
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Elliott, Julie
Ellman, Mrs Louise
Esterson, Bill
Evans, Chris
Fellows, Marion
Fitzpatrick, Jim
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Foxcroft, Vicky
Gapes, Mike
Gethins, Stephen
Glass, Pat
Glindon, Mary
Godsiff, Mr Roger
Goodman, Helen
Grady, Patrick
Grant, Peter
Gray, Neil
Green, Kate
Greenwood, Lilian
Greenwood, Margaret
Griffith, Nia
Haigh, Louise
Hamilton, Fabian
Hanson, rh Mr David
Hayes, Helen
Hayman, Sue
Healey, rh John
Hendry, Drew
Hepburn, Mr Stephen
Hermon, Lady
Hodgson, Mrs Sharon
Hollern, Kate
Hopkins, Kelvin
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Huq, Dr Rupa
Irranca-Davies, Huw
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Kane, Mike
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Kerevan, George
Kerr, Calum
Kinnock, Stephen
Kyle, Peter
Lavery, Ian
Law, Chris
Leslie, Chris
Lewell-Buck, Mrs Emma
Lewis, Clive
Long Bailey, Rebecca
Lucas, Caroline
Lucas, Ian C.
MacNeil, Mr Angus Brendan
Mactaggart, rh Fiona
Madders, Justin
Mahmood, Mr Khalid
Mahmood, Shabana
Malhotra, Seema
Mann, John
Marris, Rob
Marsden, Mr Gordon
Maskell, Rachael
Matheson, Christian
Mc Nally, John
McCabe, Steve
McCaig, Callum
McCarthy, Kerry
McDonagh, Siobhain
McDonald, Andy
McDonald, Stewart Malcolm
McDonald, Stuart C.
McDonnell, John
McFadden, rh Mr Pat
McGarry, Natalie
McGinn, Conor
McGovern, Alison
McInnes, Liz
McLaughlin, Anne
Mearns, Ian
Monaghan, Carol
Monaghan, Dr Paul
Moon, Mrs Madeleine
Morden, Jessica
Morris, Grahame M.
Mullin, Roger
Murray, Ian
Newlands, Gavin
Nicolson, John
O'Hara, Brendan
Onn, Melanie
Onwurah, Chi
Osamor, Kate
Oswald, Kirsten
Owen, Albert
Paterson, Steven
Pennycook, Matthew
Perkins, Toby
Phillips, Jess
Phillipson, Bridget
Pound, Stephen
Powell, Lucy
Reed, Mr Steve
Reynolds, Emma
Reynolds, Jonathan
Rimmer, Marie
Ritchie, Ms Margaret
Robertson, rh Angus
Robinson, Gavin
Rotheram, Steve
Salmond, rh Alex
Shah, Naz
Shannon, Jim
Sharma, Mr Virendra
Sheppard, Tommy
Sherriff, Paula
Shuker, Mr Gavin
Siddiq, Tulip
Skinner, Mr Dennis
Slaughter, Andy
Smeeth, Ruth
Smith, rh Mr Andrew
Smith, Angela
Smith, Cat
Smith, Nick
Smith, Owen
Smyth, Karin
Spellar, rh Mr John
Stephens, Chris
Stevens, Jo
Streeting, Wes
Stringer, Graham
Stuart, rh Ms Gisela
Tami, Mark
Thewliss, Alison
Thomas, Mr Gareth
Thomas-Symonds, Nick
Thompson, Owen
Thomson, Michelle
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turley, Anna
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, rh Keith
Vaz, Valerie
Watson, Mr Tom
Weir, Mike
West, Catherine
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Whitford, Dr Philippa
Williams, Hywel
Wilson, Corri
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Woodcock, John
Wright, Mr Iain
Zeichner, Daniel
Tellers for the Ayes:
Holly Lynch
and
Jeff Smith
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Allan, Lucy
Allen, Heidi
Andrew, Stuart
Ansell, Caroline
Argar, Edward
Atkins, Victoria
Bacon, Mr Richard
Baker, Mr Steve
Baldwin, Harriett
Barclay, Stephen
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Berry, James
Bingham, Andrew
Blackman, Bob
Blackwood, Nicola
Blunt, Crispin
Boles, Nick
Bone, Mr Peter
Bradley, Karen
Brady, Mr Graham
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, rh James
Bruce, Fiona
Buckland, Robert
Burns, Conor
Burns, rh Sir Simon
Burrowes, Mr David
Burt, rh Alistair
Cairns, Alun
Carmichael, Neil
Cartlidge, James
Cash, Sir William
Caulfield, Maria
Chalk, Alex
Chishti, Rehman
Chope, Mr Christopher
Churchill, Jo
Clark, rh Greg
Clarke, rh Mr Kenneth
Cleverly, James
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Costa, Alberto
Cox, Mr Geoffrey
Crabb, rh Stephen
Crouch, Tracey
Davies, Glyn
Davies, Dr James
Davies, Mims
Dinenage, Caroline
Djanogly, Mr Jonathan
Donelan, Michelle
Double, Steve
Dowden, Oliver
Doyle-Price, Jackie
Drax, Richard
Drummond, Mrs Flick
Duncan, rh Sir Alan
Duncan Smith, rh Mr Iain
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Mr Nigel
Evennett, rh Mr David
Fabricant, Michael
Fallon, rh Michael
Fernandes, Suella
Field, rh Mark
Foster, Kevin
Frazer, Lucy
Freer, Mike
Fuller, Richard
Fysh, Marcus
Gale, Sir Roger
Garnier, rh Sir Edward
Garnier, Mark
Gauke, Mr David
Ghani, Nusrat
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Chris
Green, rh Damian
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, rh Robert
Hall, Luke
Hammond, Stephen
Hancock, rh Matthew
Hands, rh Greg
Harper, rh Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Sir Oliver
Heappey, James
Heaton-Harris, Chris
Heaton-Jones, Peter
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoare, Simon
Hollinrake, Kevin
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Howarth, Sir Gerald
Howell, John
Howlett, Ben
Huddleston, Nigel
Hurd, Mr Nick
Jackson, Mr Stewart
Jayawardena, Mr Ranil
Jenkin, Mr Bernard
Jenkyns, Andrea
Jenrick, Robert
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kennedy, Seema
Kinahan, Danny
Kirby, Simon
Knight, rh Sir Greg
Knight, Julian
Kwarteng, Kwasi
Lancaster, Mark
Latham, Pauline
Leadsom, Andrea
Lee, Dr Phillip
Lefroy, Jeremy
Leigh, Sir Edward
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, rh Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Mackinlay, Craig
Mackintosh, David
Main, Mrs Anne
Mak, Mr Alan
Malthouse, Kit
Mathias, Dr Tania
Maynard, Paul
McCartney, Jason
McCartney, Karl
McLoughlin, rh Mr Patrick
Menzies, Mark
Mercer, Johnny
Merriman, Huw
Metcalfe, Stephen
Miller, rh Mrs Maria
Milling, Amanda
Mills, Nigel
Milton, rh Anne
Mordaunt, Penny
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, James
Morton, Wendy
Mowat, David
Mundell, rh David
Murray, Mrs Sheryll
Murrison, Dr Andrew
Neill, Robert
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Opperman, Guy
Parish, Neil
Patel, rh Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, rh Mike
Penrose, John
Percy, Andrew
Phillips, Stephen
Philp, Chris
Pickles, rh Sir Eric
Pincher, Christopher
Poulter, Dr Daniel
Pow, Rebecca
Prentis, Victoria
Pritchard, Mark
Pursglove, Tom
Quin, Jeremy
Quince, Will
Raab, Mr Dominic
Redwood, rh John
Rees-Mogg, Mr Jacob
Robertson, Mr Laurence
Robinson, Mary
Rosindell, Andrew
Rudd, rh Amber
Rutley, David
Scully, Paul
Selous, Andrew
Shelbrooke, Alec
Simpson, rh Mr Keith
Skidmore, Chris
Smith, Chloe
Smith, Henry
Smith, Julian
Smith, Royston
Soames, rh Sir Nicholas
Solloway, Amanda
Soubry, rh Anna
Spelman, rh Mrs Caroline
Spencer, Mark
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Graham
Sturdy, Julian
Sunak, Rishi
Swayne, rh Mr Desmond
Thomas, Derek
Throup, Maggie
Tolhurst, Kelly
Tomlinson, Justin
Tomlinson, Michael
Tracey, Craig
Tredinnick, David
Trevelyan, Mrs Anne-Marie
Tugendhat, Tom
Turner, Mr Andrew
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Charles
Walker, Mr Robin
Warburton, David
Warman, Matt
Watkinson, Dame Angela
Wharton, James
Whately, Helen
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, rh Mr John
Wiggin, Bill
Williamson, rh Gavin
Wilson, Mr Rob
Wollaston, Dr Sarah
Wood, Mike
Wragg, William
Wright, rh Jeremy
Zahawi, Nadhim
Tellers for the Noes:
George Hollingbery
and
Margot James
Question accordingly negatived.
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Amendmentsmade:101, page 34, line 17, leave out “at the end insert” and insert
“at the appropriate places insert—
““Board” includes any other equivalent management body.”
““Non-executive post” in relation to an authority means any position the holder of which is not an employee of the authority.”
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““Protected characteristic” has the same meaning as in the Equality Act 2010.””
This amendment defines the key terms used in amendment 98.
Amendment 102, page 34, line 19, leave out “Part 1 of that Act, and to”.
Consequential on amendment 97.
Amendment 103, page 34, line 25, leave out subsection (6).
Subsection (6) of Clause 32 is superseded by New Clause 16.
Amendment 104, page 34, line 37, leave out subsections (9) and (10).—(Stephen Barclay.)
Subsections (9) and (10) of Clause 32 are superseded by New Clause 16.
Tribunals
Amendment made: 105, page 35, line 10, leave out from beginning to end of line 38 on page 36 and insert—
“2A (1) This Schedule does not reserve the transfer to a Scottish tribunal of functions of a tribunal that relate to reserved matters, so far as those functions are exercisable in relation to Scottish cases.
(2) “Scottish cases” has the meaning given by an Order in Council made by Her Majesty under this sub-paragraph.
(3) Sub-paragraph (1) does not apply where a function is excluded from transfer.
(4) Where a function is not excluded from transfer but is subject to qualified transfer, sub-paragraph (1) applies only if the transfer of the function is in accordance with provision made by Her Majesty by Order in Council.
(5) An Order in Council under sub-paragraph (4)—
(a) must specify the function to which it relates,
(b) must specify the Scottish tribunal to which the function may be transferred, and
(c) may make any other provision which Her Majesty considers necessary or expedient for the purposes of or in consequence of the transfer of the function and its exercise by the Scottish tribunal.
(6) The functions that are subject to qualified transfer are the functions of the following tribunals—
(a) the First-tier Tribunal or the Upper Tribunal that are established under section 3 of the Tribunals, Courts and Enforcement Act 2007;
(b) an employment tribunal or the Employment Appeal Tribunal;
(c) a tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992;
(d) a tribunal listed in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007.
(7) Sub-paragraph (6)© and (d) include a tribunal added to the Schedule concerned after this paragraph comes into force.
(8) Provision made by virtue of sub-paragraph (5)© may—
(ii) imposes conditions or restrictions (including conditions or restrictions relating to the composition or rules of procedure of the Scottish tribunal, or to its staff or accommodation);
(b) be made with a view to purposes including—
(i) securing consistency in any respect in practice or procedure or otherwise between the Scottish tribunal and other tribunals;
(ii) promoting judicial co-operation in the interests of consistency.
(9) Sub-paragraph (8) does not limit the provision that may be made by virtue of sub-paragraph (5)©.
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(10) The following functions are excluded from transfer—
(a) functions of a national security tribunal;
(b) functions of a regulator, or of a person or body that exercises functions on behalf of a regulator;
(c) functions of the Comptroller-General of Patents, Designs and Trade Marks.
a “national security tribunal” means—
(a) the Pathogens Access Appeal Commission;(b) the Proscribed Organisations Appeal Commission;(c) the Special Immigration Appeals Commission;(d) the tribunal established by section 65(1) of the Regulation of Investigatory Powers Act 2000 (investigatory powers tribunal);(e) any other tribunal that has functions relating to matters falling within Section B8 of Part 2 of this Schedule, except a tribunal mentioned in sub-paragraph (6);
a “regulator” means a person or body that has regulatory functions (within the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006);
a “Scottish tribunal” means a tribunal in Scotland—
(a) that does not have functions in or as regards any other country or territory, except for purposes ancillary to its functions in or as regards Scotland, and(b) that is not, and does not have as a member, a member of the Scottish Government.
(12) The powers conferred by this paragraph do not affect the powers conferred by section 30 or section 113.” —(Stephen Barclay.)
The amendment reorganises paragraph 2A. Provisions previously covered in both paragraphs 2A(1) and (4) are brought together in paragraph 2A(1). Part of paragraph 2A(8)(a) (previously in paragraph 2A(6)(a)(iii)) is omitted as unnecessary because section 113(2) of the 1998 Act allows different meanings of “Scottish cases” to be provided for under paragraph 2A(2) for different purposes.
Roads: consequential provisions etc
Amendments made: 106, page 41, line 24, at end insert “(1) to (16)”.
This amendment would clarify that clause 37(2) does not change the person who is to exercise ministerial functions under section 87 of the Road Traffic Regulation Act 1984 (as inserted by section 19 of the Road Safety Act 2006), so far as relating to Wales.
Amendment 107, page 41, line 26, at end insert—
‘(3) Subsection (4) applies if the Secretary of State makes a statutory instrument revoking the following instruments in relation to England and Wales—
(a) the Zebra, Pelican and Puffin Pedestrian Crossing Regulations and General Directions 1997 (S.I. 1997/2400);
(b) the Traffic Signs (Temporary Obstructions) Regulations 1997 (S.I. 1997/3053);
(c) the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113).
(4) Despite anything in section 35 or 36 or Schedule 2, the Secretary of State may by that instrument exercise one or more of the traffic signs powers to make provision in relation to roads in Scotland (including provision revoking one or more of the instruments mentioned in subsection (3) in relation to Scotland), with the consent of the Scottish Ministers.
(5) The traffic signs powers are—
(a) the power to make regulations under section 25 of the Road Traffic Regulation Act 1984 (pedestrian crossings);
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(b) the power to make regulations under section 64 of that Act (traffic signs);
(c) the power to give general directions under section 65(1) of that Act (placing of traffic signs);
(d) the power to give general directions under section 85(2) of that Act (traffic signs for indicating speed restrictions);
(e) the power to make regulations under section 36(5) of the Road Traffic Act 1988 (traffic signs: discretionary disqualification for failure to comply).
(6) The Secretary of State may not by virtue of subsection (4) exercise any power in a way that the Secretary of State could not have exercised that power immediately before the coming into force of sections 35 and 36 and Schedule 2.” —(Stephen Barclay.)
This amendment would mean that if the Secretary of State replaces the current regulations and general directions on traffic signs, the new provisions can, if the Scottish Ministers consent, apply in relation to Scotland, in addition to England and Wales. Replacement provisions are currently being prepared for Spring 2016.
Onshore petroleum
Amendments made: 108, page 42, line 12, after “granting” insert “and regulation”.
This amendment makes a minor and technical change, clarifying that both the granting and regulating of licences fall within the matters no longer reserved.
Amendment 109, page 42, line 12, at end insert
“that, at the time of the grant of the licence, is”.
This amendment makes a minor and technical change, clarifying that the access powers being transferred are those to land for the purposes of searching or boring for or getting petroleum.
Amendment 10, page 42, leave out line 15 and insert—
“Access to land for the purpose of searching or boring for or getting petroleum under such a licence.” —
(Stephen Barclay.)
This amendment clarifies that for a given licence, the definition of onshore Scotland shall be that which applies at the time the licence is granted. This is to prevent a change in onshore-offshore delineations due to geological processes from impacting an existing licence.
Onshore petroleum: consequential amendments
Amendments made: 111, page 43, line 34, leave out
“Minister in section 4 of that Act included”
“Secretary of State (or the Minister) in sections 4 and 9 of that Act included references to”.
This amendment makes a minor and technical change, clarifying the effect of the Mines (Working Facilities and Support) Act 1966 within the Petroleum Act 1998 for the Scottish Ministers in relation to onshore Scotland.
Amendment 112, page 43, leave out line 40 and insert—
( ) This section applies for the purposes of this Part.
( ) The “appropriate Minister” means—
(a) in relation to the Scottish onshore area, the Scottish Ministers;
(b) otherwise, the Secretary of State.”—(Stephen Barclay.)
This amendment makes a minor and technical change, clarifying that for the entirety of Part 1 of the Petroleum Act 1998, the “Appropriate Minister” refers to Scottish Ministers in relation to onshore Scotland.
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Onshore petroleum: existing licences
Amendments made: 113, page 44, line 31, after “40” insert “or 41”.
This amendment makes a minor and technical change, clarifying that the new power for the Secretary of State to amend existing licences is framed by the necessity to make changes in relation to the provisions brought forth in both Clause 40 and Clause 41 of the Scotland Bill.
Amendment 114, page 44, line 35, at end insert—
‘( ) In the case of an existing licence granted in respect of an area (“the licence area”) of which part only was within the Scottish onshore area at the time the licence was granted—
(a) the Secretary of State may direct that it is to have effect as a licence in respect of an area comprising that part and a separate licence in respect of an area comprising the rest of the licence area, and
(b) subsection (1) applies in relation to each of those licences as it applies in relation to the existing licence.” —(Stephen Barclay.)
This amendment enables the Secretary of State to split cross-border licences between Scotland and England so as to transfer the administration of acreage in Scotland to Scottish Ministers while maintaining the administration of acreage in England with the Secretary of State.
Consumer advocacy and advice
Amendments made: 115, page 45, line 24, at end insert—
“, but not any related compulsory levy on postal operators.”;
() under the heading “Interpretation”, before ““postal services”” insert “postal operator”,”.”
This amendment has the effect of reserving powers to raise levies on postal operators for the purpose of funding consumer advocacy and advice.
Amendment 116, page 45, line 30, at end insert—
“, but not any related compulsory levy on persons supplying, generating, transmitting or distributing electricity.””
This amendment has the effect of reserving powers to raise levies on those supplying, generating, transmitting or distributing electricity for the purpose of funding consumer advocacy and advice.
Amendment 117, page 45, line 32, after “provision” insert “in relation to gas”.
This amendment makes a minor and technical change, correcting an omission from the Bill print at Introduction.
Amendment 118, page 45, line 33, at end insert—
“, but not any related compulsory levy on persons supplying gas to premises or conveying gas through pipes.””
This amendment has the effect of reserving powers to raise levies on those supplying gas to premises or conveying gas through pipes for the purpose of funding consumer advocacy and advice.
Amendment 119, page 45, line 40, leave out “at the end insert “or to such proportion of” and insert—
“(a) after “payment by the licence holder of sums” insert “— (a)”;
This amendment and amendment 124 make minor and technical changes to the drafting to avoid duplication.
Amendment 120, page 46, line 2, leave out second “or” and insert “and”.
This amendment makes a minor and technical change to the drafting, correcting a grammatical error.
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Amendment 121, page 46, line 6, leave out paragraph (b).
This amendment makes a minor and technical change to the drafting to avoid deleting references needed to collect historical costs.
Amendment 122, page 46, line 9, leave out from “words” to end of line 10 and insert ““(bb),” and “, (cb)”;”.
This amendment makes minor and technical changes to the drafting to avoid deleting references needed to collect historical costs and to delete extraneous references.
Amendment 123, page 46, line 13, leave out paragraph (f).
This amendment makes a minor and technical change to the drafting to avoid deleting references needed to collect historical costs.
Amendment 124, page 46, line 13, at end insert—
‘( ) In subsection (9) after “(3A)” insert “or to amounts mentioned in subsection (2)(b)”.”
See explanatory statement for amendment 119.
Amendment 125, page 46, line 17, leave out “such proportion of”.
This amendment makes a minor and technical change to the drafting to avoid duplication.
Amendment 126, page 46, line 25, leave out paragraph (b).
This amendment makes a minor and technical change to the drafting to avoid duplication.
Amendment 127, page 46, line 27, at end insert—
“() in subsection (4A) the words “or Citizens Advice Scotland, or by them jointly,”.”
This amendment makes a minor and technical change to the drafting to avoid duplication.
Amendment 128, page 46, line 28, leave out paragraph (e). —(Stephen Barclay.)
This amendment makes a minor and technical change to the drafting to avoid deleting references needed to collect historical costs.
Fuel poverty: support schemes
Amendments made: 137, page 49, leave out lines 18 to 20 and insert—
(1A) Subject to the following provisions of this section the power under section 9 to make a scheme in relation to Scotland is exercisable by the Secretary of State so as to make only—
(a) provision as to the licensed suppliers to whom the scheme applies,
(b) provision as to the aggregate amount of benefits to be provided under it by scheme suppliers, and
(c) any other provision within section 9(4) or (9)(a) or (c)(v) or (vi).
(1B) The power to make other provision under that section for the purposes of the scheme is exercisable by the Scottish Ministers.”
The amendment clarifies that those powers not transferred to Scottish Ministers remain exercisable by the Secretary of State. It also transfers an additional power to Scottish Ministers to make provision for determining the amount of any benefit provided by an energy supplier under a scheme in relation to Scotland.
Amendment 138, page 49, line 24, leave out “, (3)”.
The amendment removes the requirement for Scottish Ministers to seek the consent of the Treasury before exercising their powers in relation to fuel poverty support schemes provided by energy suppliers.
Amendment 139, page 49, leave out lines 25 and 26.
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The amendment removes text no longer required as it has been incorporated into amendment 137.
Amendment 140, page 49, line 37, leave out from beginning to “varying” in line 38 and insert
“Subsections (1A) and (1B) do not prevent the Secretary of State from making any provision under section 9 for the purposes of a scheme in relation to Scotland, or from”.
The amendment is consequential on amendment 137.
Amendment 141, page 50, line 6, leave out from first “to” to end of line 7 and insert
“make any provision not mentioned in subsection (1A)(a) to (c).”
The amendment is consequential on amendment 137.
Amendment 142, page 50, leave out line 46 to 50 and insert—
“(12) Section 14(5) does not apply to regulations by which the Secretary of State makes provision by virtue of subsection (5), with or without other provision under section 9.” —
(Stephen Barclay.)
The amendment is consequential on amendment 137.
Energy company obligation
Amendments made: 143, page 51, line 27, leave out “subsection” and insert “subsections (5A) and”.
Amendments 143, 145, 146, 148, 149, 151, 152 and 154 clarify that those powers not exercisable by the Scottish Ministers remain exercisable by the Secretary of State.
Amendment 144, page 52, line 11, at the end insert—
‘(4A) Where an overall carbon emissions reduction target has been apportioned under section 103(2A) of the Utilities Act 2000, the Scottish Ministers must—
(a) when making any order under section 33BC, comply with the duty in subsection (4B), and
(b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.
(4B) The duty of the Scottish Ministers where subsection (4A)(a) or (b) applies is to exercise their powers under section 33BC (subject to subsection (5)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall carbon emissions reduction target that is represented by the part of it apportioned to measures carried out in Scotland.
(a) “compliance costs” means the total costs to gas suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 33BC, and
(b) “costs relating to Scotland” means the total costs to gas suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.”
Amendments 144, 147, 150 and 153 place a duty on Scottish Ministers, to exercise their powers in the way most likely to secure that the costs of the obligation relating to Scotland, when expressed as a proportion of total costs of the obligation, do not exceed the share of any overall target apportioned to Scotland.
Amendment 145, page 52, leave out lines 17 to 20 and insert—
‘(5A) Subsection (1) does not prevent the Secretary of State from making provision under—
(a) section 33BC(1A), (3), (5)(a) or (7)(a), or
(b) section 33BC(2A) where an overall carbon emissions reduction target has not been apportioned under section 103(2A) of the Utilities Act 2000.
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(6) Subsection (1) does not prevent the Secretary of State from making any other provision under section 33BC or from varying or revoking an order made by the Scottish Ministers under that section—”.
See explanatory statement for amendment 143.
Amendment 146, page 53, line 14, leave out “subsection” and insert “subsections (5A) and”.
See explanatory statement for amendment 143.
Amendment 147, page 53, line 47, at the end insert—
‘(4A) Where an overall home-heating cost reduction target has been apportioned under section 103A(3A) of the Utilities Act 2000, the Scottish Ministers must—
(a) when making any order under section 33BD, comply with the duty in subsection (4B), and
(b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.
(4B) The duty of the Scottish Ministers where subsection (4A)(a) or (b) applies is to exercise their powers under section 33BD (subject to subsection (5)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall home-heating cost reduction target that is represented by the part of it apportioned to measures carried out in Scotland.
(a) “compliance costs” means the total costs to gas suppliers of complying with home-heating cost reduction obligations that, in relation to any period, are imposed by order under section 33BD, and
(b) “costs relating to Scotland” means the total costs to gas suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.”
See explanatory statement for amendment 144.
Amendment 148, page 54, leave out lines 4 to 7 and insert—
‘(5A) Subsection (1) does not prevent the Secretary of State from making provision under—
(b) section 33BC(3), (5)(a) or (7)(a) as applied by section 33BD(4), or
(c) section 33BD(2)(a) where an overall home-heating cost reduction target has not been apportioned under section 103A(3A) of the Utilities Act 2000.
(6) Subsection (1) does not prevent the Secretary of State from making any other provision under section 33BD or from varying or revoking an order made by the Scottish Ministers under that section—”.
See explanatory statement for amendment 143.
Amendment 149, page 55, line 1, leave out “subsection” and insert “subsections (5A) and”.
See explanatory statement for amendment 143.
Amendment 150, page 55, line 29, at the end insert—
‘(4A) Where an overall carbon emissions reduction target has been apportioned under section 103(2A) of the Utilities Act 2000, the Scottish Ministers must—
(a) when making any order under section 41A, comply with the duty in subsection (4B), and
(b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.
(4B) The duty of the Scottish Ministers where subsection (4A)(a) or (b) applies is to exercise their powers under section 41A (subject to subsection (5)) in the way they think most likely to secure that the proportion of compliance costs that is
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represented by costs relating to Scotland is no greater than the proportion of the overall carbon emissions reduction target that is represented by the part of it apportioned to measures carried out in Scotland.
(a) “compliance costs” means the total costs to electricity suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 41A, and
(b) “costs relating to Scotland” means the total costs to electricity suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.”
See explanatory statement for amendment 144.
Amendment 151, page 55, leave out lines 35 to 38 and insert—
‘(5A) Subsection (1) does not prevent the Secretary of State from making provision under—
(a) section 41A(1A), (3), (5)(a) or (7)(a), or
(b) section 41A(2A) where an overall carbon emissions reduction target has not been apportioned under section 103(2A) of the Utilities Act 2000.
(6) Subsection (1) does not prevent the Secretary of State from making any other provision under section 41A or from varying or revoking an order made by the Scottish Ministers under that section—”.
See explanatory statement for amendment 143.
Amendment 152, page 56, line 32, leave out “subsection” and insert “subsections (5A) and”.
See explanatory statement for amendment 143.
Amendment 153, page 57, line 16, at the end insert—
‘(4A) Where an overall home-heating cost reduction target has been apportioned under section 103A(3A) of the Utilities Act 2000, the Scottish Ministers must—
(a) when making any order under section 41B, comply with the duty in subsection (4B), and
(b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.
(4B) The duty of the Scottish Ministers where subsection (4A)(a) or (b) applies is to exercise their powers under section 41B (subject to subsection (5)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall home-heating cost reduction target that is represented by the part of it apportioned to measures carried out in Scotland.
(a) “compliance costs” means the total costs to electricity suppliers of complying with home-heating cost reduction obligations that, in relation to any period, are imposed by order under section 41B, and
(b) “costs relating to Scotland” means the total costs to electricity suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.”
See explanatory statement for amendment 144.
Amendment 154, page 57, leave out lines 22 to 25 and insert—
‘(5A) Subsection (1) does not prevent the Secretary of State from making provision under—
(b) section 41A(3), (5)(a) or (7)(a) as applied by section 41B(4), or
(c) section 41B(2)(a) where an overall home-heating cost reduction target has not been apportioned under section 103A(3A) of the Utilities Act 2000.
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(6) Subsection (1) does not prevent the Secretary of State from making any other provision under section 41B or from varying or revoking an order made by the Scottish Ministers under that section—”—
(Stephen Barclay.)
See explanatory statement for amendment 143.
Office of Communications
Amendment made: 129, page 64, line 16, at the end insert—
‘( ) In subsection (5) after “(3)(a)” insert “, (aa)”. —
(Stephen Barclay.)
This amendment provides that the member of Ofcom appointed by the Scottish Ministers pursuant to Clause 57 has the functions of determining the number of executive members of Ofcom and making those appointments under section 1(5) of the Office of Communications Act 2002.
Subordinate legislation under functions exercisable within devolved competence
Amendments made: 130, page 65, line 24, after “section” insert “3,”.
This amendment inserts a reference to Clause 3 and has the effect of applying Schedule 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 to any functions that are exercisable within devolved competence by virtue of that Clause.
Amendment 131, page 65, line 31, after “section” insert “3,”.
This amendment inserts a reference to Clause 3 and has the effect of applying Schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 to any functions that are exercisable within devolved competence by virtue of that Clause
Amendment 132, page 65, line 41, after “section” insert “3,”. —(Stephen Barclay.)
This amendment inserts a reference to Clause 3 and has the effect of making sure that a reference to the relevant date for the purposes of Clause 59 also applies to Clause 3.
Commencement
Amendments made: 133, page 67, line 37, at the end insert—
This amendment allows the provisions of Clause 57 to be commenced by regulations under Clause 63.
Amendment 134, page 67, line 37, at end insert—
‘(4A) Section [Destination of fines, forfeitures and fixed penalties] comes into force on such day as the Treasury may appoint by regulations made by statutory instrument.”
This is consequential on New Clause 17.
Amendment 135, page 67, line 38, after “(4)” insert “or (4A)”. —(Stephen Barclay.)
This is consequential on New Clause 17.
Roads: consequential and related amendments
Amendment made: 136, page 76, line 21, leave out paragraph (a). —(Stephen Barclay.)
This amendment would ensure that the Bill does not affect the powers of the Scottish Ministers under section 14 of the Road Traffic Regulation Act 1984, as expanded by section 22C of that Act, that were previously devolved by Order in Council.
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10.30 pm
David Mundell: I beg to move, That the Bill be now read the Third time.
I thank all Members for their participation in the debates that have taken place as the Bill has passed through the House. I believe the Bill has been strengthened by the scrutiny it has received, and the number of positive and constructive amendments that have been agreed to today is testimony to that. I particularly want to acknowledge the work of Bruce Crawford MSP and the Scottish Parliament’s Devolution (Further Powers) Committee, which has proved invaluable. Although I have not agreed with them on everything, I respect enormously their contribution to the Bill’s passage.
I thank John Swinney MSP and the Scottish Government officials for their always courteous engagement in the process. Scotland obtains the best outcome when its two Governments work together. I also thank my own officials and those in other Departments throughout Whitehall for their contributions.
The origin of the Bill was the Smith agreement, and I again pay tribute to Lord Smith of Kelvin and the representatives of all five of Scotland’s political parties for reaching an agreement which represents the new devolution settlement for Scotland. I also pay tribute to everyone who has worked so hard since then to enable us to reach this point today. I sincerely believe that the Bill delivers what the people of Scotland voted for decisively last September: one of the most powerful devolved Parliaments in the world, with the strength and security that come from being part of our United Kingdom.
No individual or party holds a monopoly of wisdom in respect of how the Smith agreement might best be translated into legislation, and the six days of debate that we have had on the Floor of the House have allowed me to listen to a variety of points of view and suggestions for further improvement. The Government have responded with the package of amendments that was presented on Report, and the Bill will proceed to the other place with its provisions clarified and strengthened.
There can be no reasonable doubt that the Bill delivers the Smith agreement in full, and the debate now moves from constitutional arguments to the important decisions that will affect the lives of people in Scotland. Will the Scottish Government create new benefits, or top up existing ones? What kind of schemes to address fuel poverty best suit the particular circumstances of Scotland? Will local communities be given a greater say in the management of assets such as the Crown Estate? How can Scotland’s public sector boards show the way forward for gender equality? Each of those decisions will now form a direct part of Scotland’s vigorous public debate, and each of them will be made in Scotland for the first time.
The Scottish Parliament and the Scottish Government will be more responsible and more accountable to the people of Scotland. That is what the Bill means for Scotland: the vow delivered, and a powerhouse Parliament within a strong United Kingdom. Now is the time for us all to work together to make these new powers a success for Scotland.
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10.33 pm
Ian Murray: I echo the Secretary of State in thanking everyone who has been involved in the Bill’s passage, including his officials and the people who have been so supportive to Labour Members. I thank my Parliamentary Private Secretary, my hon. Friend the Member for Stoke-on-Trent North (Ruth Smeeth), and, of course, my hon. Friend the Member for Caerphilly (Wayne David), who has spoken on many parts of the Bill, but I also thank the Clerks in the Public Bill Office, who have been incredibly helpful in putting the Bill together. It has been like wading through treacle at times, but they have always been courteous, and their advice has always been well received.
Let me be absolutely clear at the outset about the Labour party’s position. We fully support the Bill and all that it seeks to achieve. [Interruption.] One would think that SNP Members would just stop for two minutes during the Third Reading debate. When the Conservative Secretary of State spoke, there was complete silence, but when the Labour party speaks, the braying mob starts. That tells us all that we need to know about this place.
With the amendments that have been accepted this evening, the vow has been delivered in full. The Bill delivers on the powers promised and agreed by all parties, including the SNP, in the Smith commission.
“There shall be a Scottish Parliament”—[Official Report, 12 January 1998; Vol. 304, c. 25.],
and it was Labour, with the consent of the Scottish people, that delivered that Parliament. This Bill will make the Scottish Parliament one of the most powerful devolved legislatures in the world. It meets not only the terms of the vow, but the timetable laid out by Gordon Brown last year. We promised a process by the end of October; it was delivered. We promised it would conclude by St Andrew’s day; it was delivered. Draft legislation was promised by January; it was delivered. Second Reading of the Scotland Bill was promised straight after the election, regardless of who won; that was delivered. We promised that, no matter what parties formed the Government after the election, we would deliver a Bill to meet what the Smith commission set out; and thanks to the Secretary of State’s amendments put forward on Monday, that has been delivered. It is absolutely clear that this Bill, as amended, will place at the Scottish Government’s disposal the powers to make Scotland the fairer and more equal country that we all aspire for it to be.
Patrick Grady: Will the hon. Gentleman give way?
Ian Murray: I am not going to take interventions because I want the SNP opposition spokesman to speak, and if I take interventions he will be talked out.
From the establishment of the Scottish Parliament to the Calman commission to the Scotland Act 2012, Labour has supported more powers for the Scottish Parliament, but we are absolutely clear about what we stand for: we believe in devolution, not separation. That is what the people of Scotland voted for last year, and we respect the sovereign will of the Scottish people.
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They said they wanted to remain part of the United Kingdom but with a strong Scottish Parliament. They said they wanted to continue to pool and share resources across these islands. They said that they wanted the continued security that being part of a bigger union of nations and family of nations brought.
The Bill provides an historic opportunity for our politics in Scotland to turn from talking about the constitution to talking about the country, and about what we can do to make Scotland the fairest nation on earth, instead of what we cannot. Let’s grasp that opportunity. Let’s build that fairer nation. Let’s give the people across Scotland the politics they deserve. In the words of Donald Dewar, there shall be a powerful Scottish Parliament.
10.37 pm
Angus Robertson: As is customary, it is appropriate to put on record the appreciation of all parties, and I do so on behalf of the effective opposition in this Chamber, the Scottish National party. I thank, too, colleagues in the Westminster SNP group who have taken part in the debate, and colleagues in the Scottish Government, with whom we have worked closely throughout the passage of this Bill.
Those watching at home, as opposed to those sitting in the Chamber—for those who are not aware of it, our proceedings are trending among the top 10 most discussed issues on Twitter tonight; a great many people in Scotland have been watching our proceedings—will have noted a number of things. They will have noted that for the first half of proceedings there were more SNP Members in the Chamber than those of all other parties combined. They will have noticed that, with less than six hours allocated for debate—notwithstanding the fact that an offer was made by the SNP for a second full day on Report—the Government tabled 200 new clauses and amendments, and we had an opportunity for only seven Divisions. On an issue that is supposed to be defining for Scotland’s constitutional future, that is no way to legislate. The idea that legislating as we just have is worthy of the mother of all Parliaments, as some people choose to call it, is way out of place.
We have heard a great many claims about the delivery of the vow. This evening, we have seen Labour Members agreeing with the Conservatives, as they have so often over the last years—[Interruption.] Indeed, they are signalling their co-operation and that they work closely together. That has been noted. In particular, it has been noted that this evening, the Labour party voted with the Tories against tax credits being devolved to the Scottish Parliament. On a defining issue—
10.40 pm
Six hours having elapsed since the commencement of proceedings on the programme motion, the debate was interrupted (Programme Order, this day).
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The Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83A(9)), That the Bill be now read the Third time.
Bill accordingly read the Third time and passed, with amendments.
Business without Debate
Delegated Legislation
Motion made, and Question put forthwith (Standing Order No. 9(6)),
That the Universal Credit (Work Allowance) Amendment Regulations 2015 (S.I., 2015, No. 1649), be referred to a Delegated Legislation Committee.—(Stephen Barclay.)
Motion made, and Question put forthwith (Standing Order No. 9(6)),
That the Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2015 (S.I., 2015, No. 1753, be referred to a Delegated Legislation Committee.—(Stephen Barclay.)
Business of the House
That at the sitting on Monday 16 November—
(1) notwithstanding the provisions of paragraph (2) (c) of Standing Order No. 14 (Arrangement of public business), the business determined by the Backbench Business Committee may be proceeded with for three hours, and shall then lapse if not previously disposed of, and
(2) notwithstanding the provisions of Standing Order No. 20 (Time for taking private business), the Private Business set down by the Chairman of Ways and Means shall be entered upon after the conclusion of backbench business (whether before, at or after 7.00pm), and may then be proceeded with, though opposed, for three hours, after which the Speaker shall interrupt the business; the business may be entered upon after the moment of interruption; and Standing Order No. 41A (Deferred Divisions) shall not apply.—(Stephen Barclay.)
JOINT COMMITTEE ON CONSOLIDATION, &C., BILLS
That James Cleverly, Mims Davies, Peter Grant, Imran Hussain, Mr Stewart Jackson, Amanda Milling, Grahame Morris, Melanie Onn, Kate Osamor, Amanda Solloway, Julian Sturdy and Tom Tugendhat be members of the Select Committee appointed to join with a Committee of the Lords as the Joint Committee on Consolidation, &c., Bills.—(Bill Wiggin, on behalf of the Committee of Selection.)
European Scrutiny
That Nia Griffith be discharged from the European Scrutiny Committee and Stephen Kinnock be added.—(Bill Wiggin, on behalf of the Committee of Selection.)
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Human Rights (Eritrea)
Motion made, and Question proposed, That this House do now adjourn.—(Stephen Barclay.)
10.41 pm
Matthew Pennycook (Greenwich and Woolwich) (Lab): I am pleased that time has been found to debate this important and, sadly, overlooked issue and I thank the Minister for coming to the House to respond at the end of what I know has been a long day.
Until recently, like most of my constituents and most fellow Britons, I knew little of Eritrea, its people or its Government. Conditions in the country were brought to my attention a little over a year ago by one of my constituents, Habte Hagos, who owns and runs the award-winning Blue Nile restaurant in Woolwich, among other ventures. Like many Eritreans, Habte lost family members in the struggle for a free, democratic Eritrea and he has worked over many years to raise awareness about human rights violations in his homeland. I am delighted that Habte and others are in the Gallery this evening to watch the proceedings.
Desperate human beings are moving across our continent on a scale not seen since the second world war. As we know, a significant proportion are fleeing civil war and sectarian violence in Syria, but large numbers of Eritreans are also leaving the land of their birth in the horn of Africa. An estimated 5,000 people leave Eritrea every month and almost as many men, women and children left that country last year as fled from Syria. This human exodus is all the more staggering when we consider that it is from a country of just 6 million people that is not presently at war.
Patrick Grady (Glasgow North) (SNP): I congratulate the hon. Gentleman on securing such an important debate. I have a number of Eritrean constituents who will welcome the fact that it is taking place. I acknowledge that a Foreign Office Minister will be responding to it, but a number of my constituents are concerned about the country guidance that the Home Office uses to determine whether asylum should be granted. Does the hon. Gentleman agree that that guidance should be updated to take into account the findings of the recent report from the United Nations commission of inquiry on human rights in Eritrea, rather than the discredited report from the Danish Government on the same subject?
Matthew Pennycook: The hon. Gentleman makes a good point. The methodology of the Danish Government’s report has been questioned. It remains the basis for the Danish Government’s guidance, but our Government should continue to review our own guidance to ensure that we are not refusing asylum to people who are genuinely being persecuted.
Most Eritreans who flee end up in neighbouring countries such as Sudan and Ethiopia, but many make the dangerous trek north towards the Maghreb and the Sinai peninsula in the hope of finding sanctuary in Europe. In doing so, each must evade: capture by their own security forces, who operate a shoot-to-kill policy against those leaving without permission; violence and extortion at the hands of desert gangs; death from dehydration in the Sahara; detention in Libya or Israel; and the lethal risks of crossing the Mediterranean. What dread leads so many, not just adults, but thousands
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of unaccompanied minors, to risk everything to leave their homeland behind? Words such as “tyranny”, “oppression” and “cruelty” are regularly used to describe conditions within all manner of distasteful regimes across the globe, to the point where sometimes they risk becoming stale with overuse. Yet if anything, those words fall short when applied to Eritrea under the rule of President Isaias Afwerki.
Isaias’s Eritrea is regularly described as “Africa’s North Korea”. That is a hackneyed phrase but in this instance the comparison is pardonable, because ruthless repression is the norm for those living under the rule of this isolated, hermetic and authoritarian regime. It is a far cry from what so many Eritreans fought for, heroically and for decades, and from the hopes of those who supported the struggle for liberation. Instead of democracy and the rule of law, Eritreans are ruled by a culture of fear and absolute obedience: fear that they or their classmates will be sent to carry out national service in a remote location for an unknown number of years; fear that a trusted co-worker who yesterday openly expressed an opinion may not turn up at work tomorrow; fear that a friend arrested arbitrarily will be incarcerated in a vastly overcrowded metal container or a simple hole dug in the desert ground, with little prospect of release; and fear that a disappeared family member might never be seen again.
There have been no elections since 1993, and no independent press since a Government clampdown in 2001. We have seen the pervasive and ongoing restriction of all freedoms—movement, expression and association. People have been subjected to arbitrary arrest, with no fair trials or no trials at all; indefinite compulsory military conscription; forced labour; and torture, including widespread sexual violence against women and girls. That is the situation in Eritrea today.
An extensive and detailed report published in June by the United Nations Commission on Human Rights describes, in horrifying detail, a siege state where control is absolute and where
“systematic, widespread and gross human rights violations”
are being committed. It says that these violations
“may constitute crimes against humanity”.
The crimes taking place today in Eritrea add themselves to old, but not forgotten, and still raw, abuses. Politicians, journalists, faith leaders and business owners who once proudly set out to build a prosperous post-independence future for their country instead find themselves languishing in one of the country’s numerous detention centres—or they have died there, suffering like thousands of ordinary citizens punished for refusing an order, being a member of the wrong religious domination or expressing sympathy with the wrong person.
Jim Shannon (Strangford) (DUP): I sought the hon. Gentleman’s permission to intervene before this debate. Is he aware that since 2002, when the Government in effect banned all but three denominations, thousands of Christians from unregistered Churches have been arrested and detained indefinitely? Does he share my concern that 13 years later not only are the Eritrean Government continuing this campaign of arrest, but followers of registered religious communities also suffer maltreatment?
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Matthew Pennycook: I thank the hon. Gentleman for his intervention. I share his concern about the persecution of particular minority groups, including religious groups, and of countless individuals, whose names many of us could mention. Many of the Eritreans to whom I have spoken could name friends, journalists and others from minorities who have been persecuted. Sadly, the repression has worked. Those who remain in Eritrea dare not speak up, for fear of reprisal, while diaspora communities are subtly infiltrated by agents of the state. Those who have fled abroad and who strive still to promote human rights are systematically intimidated.
Anne McLaughlin (Glasgow North East) (SNP): I congratulate the hon. Gentleman on securing this important debate. Will he join me in asking the Minister whether he will work with his colleagues in the Home Office to offer further protection to those people? In Glasgow, I, too, have a number of Eritrean friends who have found that when they have tried to campaign against the human rights abuses, their family members and friends still suffer in Eritrea. They have been infiltrated by Government supporters and threatened and abused, and they are supposed to be here for safety.
Matthew Pennycook: I would certainly join the hon. Lady in asking for that. As she says, it is not just the family members who remain in Eritrea who are affected, but the communities that live here and that face fragmentation and abuse by these agents, much of which is online by anonymous trolls who target critics using everything from abusive emails to fully fledged death threats.
I have experienced this phenomenon myself, in a token way, in the lead up to this debate. If the regime is true to form, I can no doubt expect more of the same in the hours and weeks to come, but it is nothing—and that is the important point—compared with the intimidation experienced by Eritrean dissidents.
Intimidation of the diaspora is compounded by exhortation in the form of the so-called rehabilitation tax that the Eritrean Government impose on their countrymen and women living abroad. This 2% tax on the income of Eritrean émigrés is a diminishing, but still important, source of revenue for the regime. The previous coalition Government voted in favour of UN Resolution 2023 that condemned the tax and called on all states to ensure that it ceased.
Other countries have taken robust steps to enforce that resolution. In May, the Canadian Government expelled the Eritrean consulate-general in Toronto for continuing to levy the tax. Yet there are credible reports that collection of this tax continues unabated in the UK. Will the Minister assure the House that the collection of the 2% tax on Eritreans living in the UK has ended or, if he cannot give that assurance, can he outline what steps the Government plan to take to ensure that it is?
Beyond the narrow issue of the rehabilitation tax, I wish to touch on three distinct issues that I hope the Minister will be able to respond to and to influence. The first is the Ethiopian-Eritrean border dispute. In December 2000, a comprehensive peace agreement between Ethiopia and Eritrea was signed in Algiers that ended a two-year border war. The Algiers agreement established a boundary commission to demarcate the border. Both countries
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had agreed to accept the commission’s decision as final, but when the details were published in April 2002, Ethiopia disputed the findings.
The unresolved border tension remains a source of regional instability. It is also a very real grievance in Eritrea and one that is used by the regime to justify keeping the country on a permanent emergency military footing. Will the Minister therefore outline what recent steps the UK Government have taken, bilaterally, with key regional and international partners, and through the UN system, to help overcome the current stalemate and ensure the Algiers agreement is adhered to by both sides?
The second issue relates to sanctions. As the Minister knows, a UN and EU arms embargo is in force on Eritrea. In addition, there is also a travel ban and an asset freeze imposed on listed individuals deemed a threat to peace and the national reconciliation process. In the past, the UN has toughened sanctions on the regime by requiring foreign companies involved in Eritrea’s mining industry to ensure that funds from the sector are not used to destabilise the region.
If the Government accept—I hope that the Minister will confirm that they do— that the mass exodus of people from Eritrea is a reaction, in large part, to human rights abuses taking place there, then surely there is a case for considering a toughening of sanctions against the regime to deny it the means to persecute its people and thereby destabilise the region?
Will the Minister let us know what consideration the Government have given to widening sanctions against the Eritrean Government? Specifically, will he let the House know whether he agrees with me that, given the severity of the human rights abuses in Eritrea and their impact on regional stability, there is a convincing case for an expansion of targeted sanctions on those mining projects in Eritrea in which the Afwerki Government have a significant stake and that provide the regime with much-needed foreign exchange?
The third and final issue is EU development aid. The EU has responded to the flood of Eritreans fleeing their homeland by offering hundreds of millions of pounds in development aid in return for assurances from the Eritrean Government that they will address the social and economic exclusion that it is adamant are the root causes of irregular migration and human trafficking. In doing so Europe has, at best, given the impression that it believes that a lack of economic opportunity is the root cause of the population outflow, rather than repression. At worst, it risks the perception that the European Union would be content to see human rights abuses continue in the country, if only the regime would stem the growing tide of Eritreans heading toward this continent.
Money will not alter the simple fact that repression, rather than economic prospects, is the main driver of migration from Eritrea. In any case, money and the appalling human rights abuses that have been documented by the UN are inextricably interlinked, because Eritrea’s economy now is almost completely dominated by the state and the ruling PFDJ party. In such circumstances, aid will simply entrench the regime. The Minister will know that aid to Eritrea under the European Union budget will have to take account of the country’s human rights record under the terms of the Cotonou agreement, but can the Minister reassure the House that demonstrable
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proof of improvements in the human rights situation in the country will be an absolute prerequisite for the release of any EU development funding for Eritrea?
Eritreans have been and are being terrorised and oppressed by their own Government. The hermetic seal that the regime has attempted to enforce is well and truly broken. Eritreans are fleeing persecution at the hands of their rulers in record numbers, and they will not stop until meaningful progress on human rights in their homeland is under way. If there is one thing that history teaches us, it is that the struggle against the totalitarian mindset is an endless one that must be fought and refought in every generation. Eritrea is a central battleground in that conflict in our generation. Our own national interest, as well as our credentials as a bastion of human rights, demand that we give the victims of the Afwerki regime not only our solidarity, but clear and unequivocal support to alleviate the very real suffering they face.
10.56 pm
The Minister for Europe (Mr David Lidington): I congratulate the hon. Member for Greenwich and Woolwich (Matthew Pennycook) on securing this timely debate, and on speaking with such eloquence and passion.
The debate is timely because later this week, as the House will know, European and African leaders will gather in Malta to discuss how we can work together to reduce the number of people risking their lives in perilous journeys across the Mediterranean. This year alone more than 32,000 Eritreans have made that crossing, and others have lost their lives in the attempt. More Eritreans still are living in refugee camps in Ethiopia and Sudan, so the question has to be, as the hon. Gentleman asked, why are so many leaving and what can be done to improve the situation within Eritrea?
A large part of the answer, as the hon. Gentleman argued, relates to human rights. The Government, like the hon. Gentleman and others who spoke this evening, are well aware of the shockingly bad human rights record of the Government of Eritrea. That is why the Foreign and Commonwealth Office’s most recent human rights report listed Eritrea as a priority country and made it clear that its Government fell short of their international human rights commitments. I could give the House a very long list, but because of the time constraints I will confine myself to saying that we have concerns, for example, about allegations of widespread arbitrary detention, shortcomings in the rule of law, and a lack of respect for fundamental human freedoms.
We are troubled also by the United Nations commission of inquiry’s findings that widespread human rights violations had been committed in Eritrea. It is unfortunate that the commission has so far been unable to visit Eritrea to see the situation at first hand. In July this year at the UN Human Rights Council, the United Kingdom supported an extension of the commission’s mandate so that it could further investigate these allegations. We have made it clear to the Government of Eritrea that they must co-operate with the UN commission, including allowing its members to visit Eritrea to see matters for themselves, and that they must co-operate also with other UN human rights bodies.
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Jim Shannon: I want it recorded in Hansard, please, that this year marks the eighth anniversary of the illegal removal of Patriarch Antonios from his position as head of the Eritrean Orthodox Church, the country’s largest religious community. Does the Minister agree that it is unacceptable that the patriarch, an octogenarian with severe diabetes, has been under house arrest since 2007?
Mr Lidington: Yes, I do. I hope that the attention the hon. Gentleman has drawn to the case will be noticed in the Eritrean embassy and that there will be some relenting in the position that the Government have adopted hitherto.
At the UN Human Rights Council and in our bilateral discussions, the British Government have set out very clearly to the Eritrean authorities the other steps we believe the country needs to take to improve its human rights record. They include expecting the Government of Eritrea to commit to doing something as apparently straightforward as implementing its own constitution, to release all those who have been arbitrarily detained, and to hold responsible the people who ought to be accountable for various violations and abuses of human rights. We shall continue to press those matters on the Eritrean authorities bilaterally and through our multinational work in Europe and elsewhere.
Alongside the very real concerns shared by everyone in the House this evening, we should not ignore any signs of progress, even small ones. I welcome the fact that Eritrea took part in the UN universal periodic review process at the Human Rights Council and in article 8 dialogue with the EU. Last year, Eritrea ratified the convention against torture and other cruel, inhuman or degrading treatment or punishment, and voted in favour of a global moratorium on the use of the death penalty. I also welcome its co-operation in efforts to tackle the human trafficking and smuggling that puts people’s lives at risk. These are indeed small steps, but they are steps in the right direction. The test now is for the Eritrean Government to follow through on their commitments with concrete action to improve the human rights situation on the ground, and the onus is on them to demonstrate progress.
A key part of that action should be to amend Eritrea’s system of indefinite national service. A system without a clear end date drives many young people to leave the country, and this needs to change. I welcome the fact that earlier this year the Eritrean Government made a public pledge to limit national service to 18 months, but Ministers here have been very clear when talking to the Government in Asmara that it is not enough for Eritrean officials or Ministers simply to make that pledge in Europe—the commitment needs to be publicised widely within Eritrea itself, and it should apply to all conscripts and not just those who have been enlisted recently.
As the House knows, the challenges that ordinary Eritreans face are not about human rights alone: they are also about a lack of economic opportunity. Eritrea is facing the effects of the El Niño weather phenomenon, which is now causing severe food insecurity across many parts of Africa. Many young Eritreans leave the country because they have no job, and no hope of finding one, to support themselves and their families. While we will all continue to work assiduously for an improvement in human rights in Eritrea, the fact will
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remain that if an educated young man in Asmara were to see his human rights situation improve but still be unable to find work to support his family, he might yet feel compelled to leave and put his life in the hands of unscrupulous criminal gangs that profit from people’s desperation.
The hon. Member for Glasgow North (Patrick Grady) asked about the Home Office’s approach to asylum policy. In this country we have a proud history of granting protection to those who need it. All asylum claims are carefully considered on their individual merits in accordance with our international obligations, particularly the 1951 United Nations convention on refugees. The Home Office’s country guidance on handling Eritrean asylum claims was updated in September this year. It recognises that there are indeed persistent human rights challenges in Eritrea but stresses also the need to consider each claim on its individual merits. We take those international responsibilities seriously, and we grant protection to Eritreans in genuine need.
The hon. Member for Greenwich and Woolwich raised a number of specific questions, and I will try to provide him with answers. He asked about the imposition of the expatriate tax. The levy of a tax on nationals living in a foreign country is not in itself illegal—in fact, many countries do it—but the UN resolution made it clear that using coercive measures to try to collect such a tax would be illegal. We have made it clear to the Eritrean embassy in London that coercive measures will not be accepted in the United Kingdom. We urge any such cases to be reported to the relevant police force without delay, so that an investigation can be made and action taken.
The hon. Gentleman asked about increased development assistance to Eritrea, including through the EU’s European development fund 11. That fund is still under discussion, and I completely understand the reasons behind the hon. Gentleman’s concerns. At the same time, however, we face the reality that Eritrea is one of the poorest countries anywhere in the world, and there is scope to help to improve and save the lives of Eritrean people. For example, Eritrea has begun to make some progress towards the health outcomes embodied in the millennium development goals. We should bear that in mind when we consider the pros and cons of a particular aid measure.
Aid does not mean providing funding to the Government of Eritrea. Greater EU assistance could, for example, be provided through United Nations agencies and international non-governmental organisations. I give a commitment that any further Department for International Development assistance will be carefully assessed against Eritrea’s commitment to its partnership principles, including on civil and political rights.
Matthew Pennycook: I want to press the Minister on how we can know, with a regime that has no financial accountability and does not let in international observers, that any development aid will be spent on health or economic outcomes, rather than on lining the pockets of party officials or the regime’s supporters.
Mr Lidington:
That is precisely why aid is often best spent via reputable international agencies and NGOs with a track record of ensuring that help goes to those
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who are genuinely in need and which will shout very loudly if the Government of the recipient country try to interfere in that progress.
The hon. Gentleman referred to the Cotonou agreement. In my time in ministerial office, I have certainly approved a United Kingdom position for the Council of Ministers that supported the suspension of Cotonou agreement measures to more than one African country because of abuses of human rights or the suspension of the rule of law. As he said, those disciplines are available within the system that the EU deploys.
The hon. Gentleman talked about the UN arms embargo. Last month, the Security Council noted in resolution 2244 that, during the course of its current and previous mandates, the sanctions monitoring group had not found any evidence of the Government of Eritrea supporting al-Shabaab. I welcome that, but the resolution was also clear on what Eritrea needed to do if it wanted a serious discussion on the overall appropriateness of sanctions—that is, to deepen its engagement with the monitoring group and facilitate its entry into Eritrea.
I have to confess that I am not at the moment persuaded by what the hon. Gentleman urged in respect of mining companies, although I will report what he said to my colleagues in DFID and the Foreign Office. Despite all the problems in Eritrea, the mining companies provide one of the few sources of employment for people. It may be a matter of weighing up our wish to penalise the Government against the fact that we might inadvertently penalise people who are themselves suffering.
Matthew Pennycook: There are documented instances of forced labour at more than one mine, with compulsory military conscription being used. It is not a process whereby an international mining company goes in there legitimately. These sites are the sites of some of the abuses that I have talked about.
Mr Lidington: I will write to the hon. Gentleman after the debate with chapter and verse, but the advice I have received is that Nevsun, the leading international mining company in Eritrea, has a firm policy of refusing to accept on to its workforce people who have been conscripted in the way he describes. Undoubtedly, the Eritrean Government have tried to use conscripted labour in mines at various times.
Finally, the hon. Gentleman mentioned the ongoing border dispute between Eritrea and Ethiopia. I agree that that needs to be resolved and that the responsibility for that lies with the two countries concerned. We will continue to encourage, bilaterally and through the European Union, Eritrea and Ethiopia alike to talk to each other and engage through the various appropriate international forums to overcome the current stalemate. We hope that progress can be made towards demarcation, in accordance with the decision of the Eritrea-Ethiopia Boundary Commission.
Overall, while there has been limited progress, there is a great deal more that the Government of Eritrea need to do to tackle human rights abuses. The problems of Eritrea are all interlinked. It cannot fulfil its potential without genuine respect for human rights. Efforts to improve economic opportunities in Eritrea must go hand in hand with improvements in human rights and the rule of law. We will not only continue to monitor the situation closely, but seek always to support improvements
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in our bilateral and multilateral work. It is by being clear and firm on the need for change, and about the advantages to Eritrea and its people of making that change, that we stand the best chance of securing some improvement in the lives of ordinary people living in
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Eritrea. That, I hope and believe, is a goal that all hon. Members in the House tonight will share.