Commons Sense

House of Commons · Adjournment Debate

Scotland Act 1998: Scottish Civil Service

16 March 2021 · 2 other contributors

Opened by David Davis Con Goole and Pocklington

Scotland

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

David Davis raised concerns about scotland act 1998: scottish civil service in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Concerns were raised about the Scotland Act 1998 failing to ensure proper separation of powers and independent mechanisms for the Scottish civil service.
  • Davis argued that the Act inadequately addresses the handling of serious issues such as sexual harassment complaints and accountability of powerful figures.
  • The Minister noted that Members of the House of Commons have more extensive protections under the Bill of Rights 1689 compared to Members of the Scottish Parliament.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

David Davis Con Goole and Pocklington

For the past few months, Scotland has been transfixed by the Holyrood inquiry seeking the truth of what went wrong with the investigations into the former First Minister, Alex Salmond. The issue pertains to serious matters such as proper handling of sexual harassment complaints and accountability of those in positions of power. Davis argues that these issues are inadequately handled due to the failures of the Scotland Act 1998, which failed to ensure separation of powers, independent mechanisms for the Scottish civil service, and equal powers and privileges for Members of the Scottish Parliament as compared to this House.

Other contributors (2)
  • Owen Thompson

    On a point of order about court orders in place around identities involved in the case, asking for guidance on adhering to these orders.

  • Eleanor Laing

    Thanked Owen Thompson and assured him that she was listening carefully to Davis's points, emphasising the need for caution with sensitive matters connected with courts.

Government Response

Iain Stewart

The Minister congratulated David Davis on securing a timely debate about issues of probity and accountability in public life. He addressed three broad issues: parliamentary privilege, dual role of the Lord Advocate, and lines of accountability in the Scottish civil service. The Minister explained that Members of this House have more extensive protections under article 9 of the Bill of Rights 1689 compared to Members of the Scottish Parliament who are protected against defamation but not covered by the same statute. He stated that any formal separation of the Lord Advocate’s responsibilities would require legislation in Westminster, while noting that unpicking their roles might entail a complex debate. On civil service accountability, he outlined safeguards for raising concerns and independent assurance mechanisms. The Minister concluded by thanking Davis for raising serious questions about Scottish Parliament's inquiry.

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