Commons Sense

House of Commons · Ministers' Questions

Devolution Settlement

Wednesday 29 March 2023 · 11 questions

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

Read the full transcript on Parliament.uk

At a glance

Answered 2 Partly answered 5 Not answered 0

Key points

  • Chris Law asked about the adequacy of the operation of the devolution settlement, to which the Secretary of State responded by acknowledging recent media coverage and clarifying the timeline of communications regarding the Scottish deposit return scheme exemption request.
  • Deidre Brock inquired about the process for gaining an exemption to the UK Internal Market Act for the Scottish deposit return scheme, receiving a clarification that the official request was made during an inter-ministerial group meeting.
  • Bob Blackman asked if the Secretary of State had received any representations from the Scottish Government regarding a review of the Barnett formula, to which the response was that discussions about a review of the fiscal framework are ongoing.

Topics (select to filter)

Questions & Answers

Q1 Chris Law SNP Dundee Central
Scotland
Context

The question arises from discussions about the adequacy and operation of devolution.

Question

What recent assessment has been made of the adequacy of the operation of the devolution settlement?

Answer from Alister Jack

I take this opportunity to congratulate Humza Yousaf on becoming Scotland's new First Minister. I look forward to working with him. I heard him say that he wanted to put the independence drive into “fifth gear”; I would gently remind him that most Scots actually want him to put it into reverse and to work with the United Kingdom to tackle the issues that really matter to them, such as cost of living pressures and growing our economy. The devolution settlement gives Scotland the best of both worlds. Scotland benefits from the wide influence and economic strength of the UK, while also enjoying considerable devolved powers in vital areas such as health, education and justice to tailor policies to meet the needs of people in Scotland.

Not addressed: The adequacy assessment was not provided; instead, comments were made about Scottish independence aspirations and devolution benefits.

How: Changed Subject

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Q2 Deidre Brock SNP
Scotland
Context

There is a dispute regarding the timeline for requesting an exemption from the UK Internal Market Act for the Scottish deposit return scheme.

Question

In his response to the hon. Member for Blaydon on 22 February, the Secretary of State claimed that the Scottish Government had not asked for an exemption from the UK Internal Market Act 2020 for the Scottish deposit return scheme. The Scottish Government have since published the timeline showing that this claim is incorrect and that the proposal has been under detailed discussion within the resources and waste common framework since last October, with the final detailed case for exclusion presented on 13 February. In light of this, will he correct the record and apologise for inadvertently misleading Parliament?

Answer from Alister Jack

This is an important point and has had a lot of airtime in the media in Scotland. I can say to the hon. Lady that, while officials and civil servants spoke to one another over a period of time, the official request to Ministers came in the inter-ministerial group meeting, which the Under-Secretary of State for Scotland was at, on 6 March. That is all minuted. It is a fact, it is on the record and there is no question. The UK Government have published it. The official request was on 6 March. I would also say that the Scottish Government proceeded with a deposit return scheme that small businesses, consumers and others are very concerned about. Even the chief executive of Tesco said yesterday that it is not the right scheme and it is not fit for purpose.

Partly answered

Not addressed: Did not directly address the request to correct the record or apologise but provided timeline details and criticisms of the deposit return scheme.

How: Changed Subject

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Q3 Drew Hendry SNP
Scotland
Context

There is a discrepancy regarding the timeline for requesting an exemption from the UK Internal Market Act for the Scottish deposit return scheme.

Question

The Secretary of State knows that the process for gaining an exemption to the United Kingdom Internal Market Act is through developing the appropriate common framework. He also stated that there had been no request by letter from the Scottish Government, yet the Deputy First Minister wrote to the UK Government on 31 January and even received a positive reply on 10 February. Is the problem here that the Secretary of State just has a very selective memory, or is it that he is so busy preparing for his seat in the House of Lords that his office does not bother keeping him in the loop any more?

Answer from Alister Jack

Let us be absolutely clear about this: the letter the hon. Gentleman refers to was a letter to the Chancellor about value added tax treatment of the deposit return scheme. The letter mentioned that an exemption request would be coming forward, but the official request was made on 6 March—there is no question about that—and the detailed arguments were laid out on 6 March at the ministerial meeting.

Partly answered

Not addressed: Did not directly address why there had been conflicting statements or selective memory claims, but provided a revised timeline for the official request.

How: Changed Subject

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Q4 Chris Law SNP Dundee Central
Environment
Context

There are concerns about the Secretary of State's stance on the Scottish deposit return scheme.

Question

It is not going too well for the Secretary of State, is it? Environmental charities across these islands have written to him, calling on him not to block the Scottish deposit return scheme. We know there are successful schemes across many other countries, and the British Soft Drinks Association, whose members include Coca-Cola and Irn-Bru maker A.G. Barr, called for it to go ahead as planned. What on earth is the future Baron von Jack thinking of when he ignores those calls and threatens to block the scheme—particularly when his own Government and other UK nations will follow Scotland's lead and introduce their own scheme from 2025?

Answer from Alister Jack

I am not sure that there has been much joined-up thinking on the questions here. Again, I have suggested that the deposit return scheme should be paused. I think a UK-wide solution is right; I think recycling is absolutely right. But I agree with the chief executive of Tesco, Britain's largest retailer, when he says that this is not the right scheme—it will be inflationary. As I have said before at this Dispatch Box, 12 bottles of Scottish water currently cost £1.59 in Aldi, but under the scheme, that would become £3.99 or even higher if a price is put on top. Although £2.40 of that could be reclaimed, the consumer will also pay an extra cost that is put on by the producer—producers have been clear about that.

Not addressed: Did not address why calls from environmental charities and businesses were ignored but provided arguments against the deposit return scheme.

How: Changed Subject

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Q5 David Mundell Con Dumfriesshire, Clydesdale and Tweeddale
Scotland
Context

The question arises from the appointment of a new First Minister in Scotland.

Question

What a pleasure it is to see you in the Chair for Scottish questions, Madam Deputy Speaker. I add my congratulations to Humza Yousaf on becoming First Minister of Scotland, and I recognise the inclusive and historic nature of his appointment. Does my right hon. Friend agree that, based on the experience of our constituents, Mr Yousaf will have to up his game considerably in his new role? As Transport Minister, he came to Dumfries in 2016 to hold a transport summit, and seven years later, precisely zero of the commitments given that day have been delivered.

Answer from Alister Jack

Not only did Humza Yousaf fail in the transport brief but, as we know from his opponent, who took almost half the vote—48%—he also failed in his other briefs of justice and health.

Not addressed: Did not address whether Mr Yousaf will need to improve in his role, instead criticised previous performances in different roles.

How: Personal Attack

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Q6 Bob Blackman Con Harrow East
Scotland
Context

The Barnett formula is the basis for determining how money is devolved to Scotland.

Question

I join others in congratulating the new First Minister. The Barnett formula by which money is devolved to Scotland has existed for more than 40 years. Has the Secretary of State received any representations from the Scottish Government about reviewing that formula?

Answer from Alister Jack

At the moment, we are in discussions with the Scottish Government about a review of the fiscal framework. That review has been in train for some time, and the conclusions will be coming shortly.

Partly answered

Not addressed: Did not directly address whether there were specific requests regarding the Barnett formula but mentioned ongoing reviews of the fiscal framework.

How: Changed Subject

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Q7 Robin Millar
Scotland Parliamentary Procedure
Context

The question arises from the use of section 35 in the Scotland Act 1998 to block a bill that impacted UK-wide legislation.

Question

Does the Secretary of State agree that the effectiveness of devolution arrangements was demonstrated by using section 35 of the Scotland Act 1998 to block the Gender Recognition Reform (Scotland) Bill, as it had adverse effects on GB-wide legislation?

Answer from Alister Jack

Yes. Section 35 exists to stop a Bill going for Royal Assent if it has adverse effects on GB-wide legislation, and the Secretary of State agrees that this demonstrates the effectiveness of devolution arrangements when used as intended.

Answered
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Q8 Ian Murray Lab Edinburgh South
Democracy & Elections
Context

The question arises from the historic victory of Scotland's football team and the appointment of a new First Minister, Humza Yousaf.

Question

Does the Secretary of State agree that there should be a UK general election following the change in Prime Ministers last year and that the new First Minister has no mandate given that Nicola Sturgeon is no longer on the ballot?

Answer from Alister Jack

There is precedent for political parties voting in new leaders who then assume office, including previous changes in Prime Ministers. The Secretary of State defends the change and suggests it would be hypocritical to call for an election now.

Partly answered

Not addressed: the specific question about a general election and mandate

How: Hypocrisy Argument

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Q9 Ian Murray Lab Edinburgh South
NHS
Context

The question arises from a constituent, David Williamson, who contacted the MP and others seeking access to UK-wide vaccine trials.

Question

Does the Secretary of State agree that potentially life-saving treatments should be available throughout the UK? Will he work to resolve this matter urgently for David and thousands of others?

Answer from Alister Jack

This is a serious issue, and the Secretary of State will organize a meeting with the Health Secretary at the earliest opportunity to address the matter urgently for David Williamson and others seeking life-saving treatments.

Answered
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Q10 Philippa Whitford SNP
Brexit Environment
Context

The question arises from discussions about innovative policies led by devolved governments and their subsequent implementation across the UK.

Question

Why are there no derogations in the UK Internal Market Act 2020, given that similar policies have been implemented successfully with EU single market divergence?

Answer from Alister Jack

Opportunities for derogations exist but do not work when different schemes in various parts of the UK have conflicting requirements. The Secretary of State cited plastic cutlery as an example where a derogation was allowed to align with the rest of the UK.

Partly answered

Not addressed: the specific need for public health and environmental derogations

How: Grievance Factory

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Q11 Philippa Whitford SNP
Standards & Ethics Local Government
Context

The question arises from concerns about the Secretary of State's actions towards devolved governments.

Question

Is the Secretary of State planning to repeatedly hold back the devolved Governments to avoid making his Government look bad? Or is he just seeking every chance to attack devolution and enforce Westminster rule?

Answer from Alister Jack

The Secretary of State referred to comments by Tesco's chief executive about the need for a single solution to recycling problems across the UK, citing consistency in the drinks industry.

Not addressed: the specific question on holding back devolved powers and attacking devolution

How: Single Market Example

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