UK Government’s Mini-budget measures are “an attack on nature”

Scotland’s Environment Minister Mairi McAllan and Biodiversity Minister Lorna Slater have written to the UK Government urging them to drop the proposals announced in its mini-budget, which they call “an attack on nature…and on the devolution settlement.”

The letter states that these proposals “demonstrate a reckless attitude to legislation that has been developed over many decades and that enshrines vital protections for both nature and people.”

The letter reads:

To: 

  • Ranil Jayawardena MP, Secretary of State for Environment, Food and Rural Affairs
  • Rt Hon Mark Spencer MP, Minister of State in the Department for Environment, Food and Rural Affairs

From: 

  • Minister for Environment and Land Reform Màiri McAllan MSP
  • Minister for Green Skills, Circular Economy and Biodiversity Lorna Slater MSP

We write with urgency regarding proposals announced by the Chancellor of the Exchequer on Friday, about which the Scottish Government had very little prior notification. 

These measures, alongside the Retained EU Law (Revocation and Reform) Bill, represent an attack on nature (when we should be demonstrating global leadership in the lead up to the important CoP15 global summit), and on the devolved settlement itself.

We therefore ask that you and your Government drop these damaging proposals, and instead work with us and the other devolved governments, to deliver high environmental standards that rise to the nature emergency and respect devolution.

Your government has given little clarity over how the measures included in the mini-budget will be taken forward, and what the implications of them will be for Scotland. Nor have you engaged with us in advance on these issues. 

However, from the information that has been made available, we share the strong concerns highlighted by nature groups such as the RSPB and the Woodland Trust.  The proposals demonstrate a reckless attitude to legislation that has been developed over many decades and that enshrines vital protections for both nature and people.

Your proposed measures also threaten to undermine our programme of planning reform that is underway in Scotland.  National Planning Framework 4 will signal a turning point for planning in Scotland, and we have been clear that responding to both the global climate emergency and the nature crisis will be central to that.

In addition to the measures set out in the mini-budget, the Retained EU Law (Revocation and Reform) Bill threatens to further undermine standards, as well as the Scottish Government’s powers to protect Scotland’s environment.

As set out in the Cabinet Secretary for Constitution, External Affairs and Culture’s recent letter to the Secretary of State for Business, Energy and Industrial Strategy, the Bill puts at risk the high standards people in Scotland have rightly come to expect from EU membership.

Your government appears to want to row back more than 40 years of protections in a rush to impose a deregulated, race to the bottom on our society and economy.  It is particularly alarming that our environmentally-principled approach of controls on polluting substances, ensuring standards for water and air quality, and providing protection for our natural habitats and wildlife are at risk from this deregulatory programme.

Retained EU Law provides Scotland with a high standard of regulation. As we have repeatedly said, Scottish Ministers will continue to seek alignment with EU standards where possible and in a manner that contributes to maintaining and improving environmental protections. 

As part of this effort, we remain committed to an ambitious programme of enhancing nature protections and delivering nature restoration.  This includes delivering on the vision set out in the recent consultation on our new biodiversity strategy, setting ambitious statutory nature recovery targets, delivering on our vision to be a global leader in sustainable and regenerative agriculture, investing in our natural capital such as through our Nature Restoration Fund, and expanding and improving our national park network.

Finally, as mentioned above, we are particularly concerned that this attack on nature has come at a critical moment as we approach the UN CoP15 biodiversity summit at the end of this year. The Scottish Government is committed to supporting an ambitious global framework to halt and reverse biodiversity decline, but this sudden and fundamental change in position means our views are no longer represented, and has undermined the UK’s ability to have a positive influence on the outcome of the talks.

We strongly urge you to reconsider both the anti-nature measures set out in the mini-budget and the proposed Retained EU Law Bill. Should you proceed regardless of our concerns and those of the public and civil society across the UK, then as a minimum we seek a guarantee that none of these measures will apply in Scotland without specific consent from the Scottish Government. We expect this matter to be considered at the next IMG-EFRA on 24 October.

What are the chances of Truss and Kwarteng thinking again? Absolutely NONE

Meanwhile, the Scottish Government has recruited three eminent economists …

Emergency Budget Review

Leading economists to give expert advice

Members of an expert panel providing advice to the Scottish Government as part of its Emergency Budget Review (EBR) have been confirmed.

Sir Anton Muscatelli, Professor Frances Ruane and Professor Mike Brewer will assess the impact on Scotland of the UK Chancellor’s fiscal approach and held their first meeting with Deputy First Minister John Swinney today.

Their advice will enable timely consideration of the implications of the UK Government’s fiscal event as work continues to prioritise the Scottish Government’s budget towards tackling the cost of living crisis. The Deputy First Minister has announced he will report the results of the EBR in the week beginning 24 October.

Mr Swinney said: “The Scottish Government wants to make sure it gets the very best advice and fresh perspectives as Ministers consider the complex and difficult decisions we face while tackling the challenges ahead.

“The radical shift in UK economic policy announced by the Chancellor has already caused significant economic shock.

“For the benefit of the people and businesses of Scotland, many of whom will find themselves paying higher prices as a result, it is vital that we consider the current situation and potential solutions with care.

“The members of the panel all bring robust economic insight and I am grateful to them for giving their time and expertise as we navigate these uncharted economic waters.”

The expert panel members, whose positions are non-remunerated, are:

Sir Anton Muscatelli

Principal of the University of Glasgow. He was knighted in June 2017 for services to higher education.

Formerly principal of Heriot-Watt University, he has been an adviser to the House of Commons Treasury Select Committee on monetary policy since 2007.

He chairs the Scottish Government’s Standing Council on Europe, a non-political group which provides expert advice to Scottish Ministers on protecting Scotland’s relationship with the EU, and he was a member of the Scottish Government’s Council of Economic Advisers between 2015 and 2021 and a member of the Advisory Council for Economic Transformation. 

Professor Frances Ruane

A Research Affiliate at the Economic and Social Research Institute since 2015. She is currently Chair of the National Competitiveness and Productivity Council and in that role represents Ireland on the European Network of National Productivity Boards.

Prof Ruane has previously served as the European Statistical Advisory Committee and the European Statistical Governance Advisory Board .

In addition, she previously served three terms on the Council of Economic Advisers in Scotland. She will provide an external perspective to the panel on issues such as the competitiveness of Scotland’s tax regime.

Professor Mike Brewer – 

Chief Economist and the Deputy Chief Executive of the Resolution Foundation, where he oversees all aspects of the Foundation’s research agenda.

He is a visiting Professor at the Department of Social Policy at the London School of Economics and between 2011 and 2020 was a Professor of Economics at the University of Essex.

He has also worked at the Institute for Fiscal Studies and HM Treasury.  

Fundamental questions about Brexit’s impact on Devolution

There are fundamental questions about how devolution works outside the EU which must be addressed. This warning comes from a new report by Holyrood’s Constitution, Europe, External Affairs and Culture Committee.

In its report, the Committee highlights substantive differences between the views of the UK Government and the Scottish and Welsh Governments regarding future alignment with EU law.

The Committee’s report makes clear that these differences raise fundamental constitutional questions including the extent the UK can accommodate four different regulatory environments within a cohesive internal market, as well as whether the existing institutional mechanisms are sufficient to resolve differences between the four governments within the UK when there are fundamental disagreements regarding alignment with EU law.

The Committee is concerned with how devolution needs to evolve to address these questions.  This includes the operation of the Sewel Convention which the Committee agrees is under strain following Brexit and the extent of UK Ministers’ new delegated powers in devolved areas which the Committee agrees amounts to a significant constitutional change.

The report states there is a need for a much wider public debate about where power lies within the devolution settlement following the UK’s departure from the EU.  This needs to address the extent of regulatory autonomy within the UK internal market.

Committee Convener, Clare Adamson MSP said: ““As a Committee, we have already set out our concerns about the risks for devolved Parliaments as a result of Brexit. But the questions raised in our report make it clear that there are fundamental issues which must be addressed urgently.

“Without wider debate, both in this Parliament and elsewhere, these fundamental questions will go unresolved, and the way devolution works outside of the EU will remain uncertain.”

Deputy Convener, Donald Cameron MSP said: “Our committee is agreed that there is a need for a wide debate on the very serious and complex issues raised in our report.

“However, this debate is not simply one for Governments and Parliaments, but businesses, civic society and the wider public as well in order that we can fully explore the current issues facing not just the Scottish Parliament, but the wider devolution process.”

PM to chair new council with devolved governments

A landmark agreement setting out how the UK and devolved governments will work closely together to deliver for people across the whole of the United Kingdom has been published.

  • Landmark agreement on how UK government and devolved governments will continue to work together has been reached
  • New ways of working agreed by the UK government, Northern Ireland Executive, Scottish Government and Welsh Government
  • Reaffirmed principles agreed by all includes mutual respect, maintaining trust and positive working
  • Agreement formalises a PM led council, overseeing strengthened working

A landmark agreement setting out how the UK and devolved governments will work closely together to deliver for people across the whole of the United Kingdom was published yesterday (13 January 2022).

The statement was completely overhadowed by the ongoing brouhaha over the Prime Minister’s attendance at lockdown Downing Street parties (or work events!) At time of writing Boris Johnson’s political future remains very much in the balance.

The Intergovernmental Relations (IGR) Review sets out new structures as to how the UK government, Northern Ireland Executive, Scottish Government and Welsh Government will work to deliver for people across the UK – based upon on the existing values of mutual respect, maintaining trust and positive working.

The new system will be a three-tiered structure and will formalise a new council, chaired by the Prime Minister, made up of Heads of the Devolved Governments.

The Prime Minister-led council and Ministerial groups will oversee and strengthen relations between all of the UK’s governments. They will discuss issues that affect people across the UK, particularly where they cut across reserved and devolved policy – or are of shared responsibility.

Strong working and close co-operation has been vital in the response to the COVID-19 pandemic, including coordinating the response to new variants and the rollout of the COVID-19 vaccine. Other examples of joined-up work include investment through Growth Deals and the Afghanistan resettlement programme.

The new structures will be supported by an independent secretariat made up of civil servants seconded from all four governments and will serve the UK government and devolved governments equally.

Beleaguered Prime Minister Boris Johnson said: “When team UK pulls together in common cause, spirit and endeavour we will always be at our very best.

“We’ve shown time and time again the combined strength we have in facing off the shared challenges before us, while also seizing the opportunities ahead for the benefit of the whole United Kingdom.

“Today’s announcements build upon that strength as we all continue to work together to deliver for the British people.”

Minister for Intergovernmental Relations Michael Gove said: “Devolution has empowered communities and resulted in huge benefits across the United Kingdom.

“Today’s landmark agreement will build on the incredible amount of collaboration already taking place between the UK government and the devolved administrations.

“By working together even more effectively, we can better overcome the challenges we face, create greater opportunities and improve people’s lives for the better.”

The new structures are based on a three tier levels for ministerial engagement – alongside a new mechanism for avoiding, escalating and resolving disputes; supported by joint or independent secretariats and based upon consensus.

Sitting below the Prime Minister-chaired council, the second tier will consist of two Interministerial Standing Committees, one chaired by the Minister for Intergovernmental Relations and one on finance.

There will also be the option of time limited committees agreed by consensus to deal with specific issues as required.

The third tier will be made up of Interministerial Groups (IMG) led by individual departments, which will cover a wide range of policy issues within a given minister’s or department’s portfolio.

These will include regular meetings between devolved and UK government ministers on issues such as Health, Transport and Education.

The new structures and processes announced yesterday are underpinned by a reaffirmed set of principles for collaborative working. These are:

  • Maintaining positive and constructive relations, based on mutual respect for the responsibilities of the governments and their shared role in governance of the UK
  • Building and maintaining trust, based on effective communication
  • Sharing information and respecting confidentiality
  • Promoting understanding of, and accountability for, their intergovernmental activity
  • Resolving disputes according to a clear and agreed process

The new structures create a ‘more equal, transparent and accountable system to support collaboration and information sharing between the UK government and the devolved governments and continue to deliver for citizens across the UK‘.

Scottish Secretary Alister Jack said: “Scotland has two governments, and people want to see them continue to work together to tackle covid and drive our recovery.

“Throughout the pandemic, the Scottish and UK governments have worked closely together, to keep people safe, protect public services, and support businesses and jobs in Scotland.

“This important agreement will build on that and help strengthen cooperation further – as we work together to deliver the priorities of people in Scotland on jobs, prosperity and economic recovery.

“It also reflects the increased powers of the Scottish Parliament since 2016 and the UK’s vote to leave the EU.”

Secretary of State for Wales Simon Hart said: “People in Wales want to see politicians working together to defeat the pandemic and focus on our recovery and throughout the past two years the UK government has worked with the Welsh Government more closely and productively than ever.

“This agreement will strengthen these relationships still further as we work together to deliver the priorities of the people of Wales like jobs, prosperity and economic recovery.”

Secretary of State for Northern Ireland Brandon Lewis said: “Today’s agreement will enhance the positive working relationship between the UK government and the Northern Ireland Executive, to the benefit of everyone in Northern Ireland.

“By ensuring that we work together in the best way possible, we will build on the fantastic collaboration which has stood us in good stead as we continue to deliver together for local people.”

So the PM will chair the new council with devolved governments – but will Boris Johnson still be that Prime Minister, or is the party over? The picture may perhaps become clearer early next week.

See the written ministerial statement

Johnson to Sturgeon: Let’s Talk

Prime Minister Boris Johnson has invited leaders of the UK’s devolved governments to a summit meeting to discuss joint working to ‘build back better’.

The invitation is a response to a remarkable Holyrood election result which saw the SNP come within one seat of outright victory. Despite just failing to secure an overall majority, the election of eight pro-independence Scottish Green MSPs ensures that a majority of MSPs will support a second independence referendum.

The PM is expected to telephone Nicola Sturgeon later today.

Building Back Better: Move to boost transport connections across the UK

  • Prime Minister sets out vision to boost connectivity across the UK, with improved transport infrastructure at the heart of Government’s levelling up agenda
  • Consultation to launch this Spring on reforming Air Passenger Duty tax in further step to boost transport connecting the whole of the UK, whilst we explore new requirements to offset emissions and in parallel continue to decarbonise aviation
  • Sir Peter Hendy’s interim report into transport connectivity outlines potential for a UK Strategic Transport Network, with £20m committed to develop plans

Prime Minister Boris Johnson today (Wednesday 10 March) sets out his vision to ‘build back better’ from coronavirus by boosting transport connectivity across and between the whole of the UK, as part of ambitions to truly level up across the country.

The UK Government will also consult on cutting air passenger duty on internal UK flights, and will commit £20m to develop plans for upgraded rail, road, sea and air links. 

The measures were announced following the interim report of Sir Peter Hendy’s Union Connectivity Review, published today. In June, Sir Peter Hendy CBE was tasked by the Prime Minister with exploring ways in which transport can better connect all parts of the United Kingdom.

Sir Peter Hendy’s report sets out how a UK Strategic Transport Network would help deliver this ambition.

Such a network would significantly expand and upgrade direct transport connections in the UK across road, rail, sea and air, helping to reduce delays and bottlenecks and stimulate economic growth.

Improving rail links helps cut carbon emissions, and so as well as considering how transport links can better connect the UK, the Prime Minister will consider their environmental and social impact – taking into account how they will improve the quality of life of the people that use them.

The potential network will now form the main focus of Sir Peter’s continuing investigations, with his final report in the summer looking to identify specific transport upgrades that could form the backbone of the network’s ambitions. 

To jump-start some of the projects identified by Sir Peter, the Government has today committed £20m towards exploring the development of projects, such as: 

  • Improved rail connectivity between the North coast of Wales and England
  • Upgrading the A75 between Gretna, Dumfries and Stranraer, a key route for south-west Scotland and Northern Ireland but almost entirely single-carriageway. 
  • Significantly faster rail links from England to Scotland, including looking at options to enhance the West Coast Mainline
  • Rail improvements in South-East Wales building on ideas from the Welsh Government’s Burns Commission

The Government is also announcing that the consultation on aviation tax reform, announced at Budget 2020, will be published in Spring 2021.

The consultation will include options to change the APD treatment for domestic flights, such as reintroducing a return leg exemption or creation of a new lower domestic rate.

In addition to looking at the case for increasing the number of international distance bands, the UK will continue to decarbonise domestic aviation as part of their ambition to reach net zero, including through mandating the use of sustainable aviation fuels. All domestic aviation emissions are captured in carbon budgets.

Prime Minister Boris Johnson, said: “It’s now time to build back better in a way which brings every corner of the UK closer together. We will harness the incredible power of infrastructure to level up parts of our country that have too long been left off the transport map.

“This pioneering review by Sir Peter Hendy gives us the tools we need to deliver on our ambitions for a UK-wide transport network that encompasses sea, rail, and road – and I also want to cut passenger duty on domestic flights so we can support connectivity across the country.”

Transport Secretary Grant Shapps said: “As we build back better from Covid it is more important than ever that we level-up every corner of our great country.  

“Quality transport infrastructure is key to achieving that, which is why we are committed to boosting connectivity and bringing communities across the UK even closer together.” 

The UK Government will work closely with relevant devolved administrations on development studies. For example, the UK government will work closely with the Scottish Government on any feasibility study on the A75.

Sir Peter has spoken with over a hundred organisations and received nearly 150 submissions to his call for evidence. As a result, he has been able to identify some of the most pressing issues for connecting all parts of the UK. 

Sir Peter Hendy CBE said: “Devolution has been good for transport but it has also led to a lack of attention to connectivity between the four nations, due to competing priorities and complex funding.

“A UK Strategic Transport Network could resolve this, with its core objective centred around levelling up across the whole of the UK.”

The Government will receive the final UCR recommendations ahead of the Spending Review, where it will consider and confirm funding plans for delivering improved connectivity across the UK.

The review into boosting the transport options connecting the UK sits squarely at the centre of the Government’s levelling up agenda, with focus on providing high-quality transport infrastructure to communities that have been passed over for investment in previous decades a key pillar of the plans. 

While the review looks to the future, the UK Government continues to support current Union connectivity measures and recently provided a further £4.3 million to fund a two-year extension to the vital flight route between City of Derry Airport and London Stansted, beginning on 1 April, which will boost local economies on both sides. 

The Scotish Government has accused the UK Government of undermining devolution as transport falls under Holyrood’s remit.

UK Government is taking control away from the Scottish Parliament, says new report

Scotland’s ability to legislate in areas such as food, health and environmental standards is being undermined in a “systematic attack” on devolution, according to Constitution Secretary Michael Russell.

A report published yesterday by the Scottish Government shows the extent to which the Scottish Parliament’s devolved powers are being eroded by the UK Government following the 2016 Brexit vote.

AFTER BREXIT: The UK Internal Market Act & Devolution sets out how:

  • the Scottish Parliament’s views on Brexit have been ignored by the UK Government
  • terms of reference designed to agree Brexit negotiating objectives among the UK’s four governments were disregarded
  • the UK Government and Parliament now regularly legislate in devolved policy areas and adjust the powers of the Scottish Parliament without the consent of the Scottish Parliament
  • UK Government Ministers have taken powers to spend in devolved areas

Most notably, the recently passed UK Internal Market Act allows the UK Government to in effect impose standards in a large number of areas that are devolved.

It means the Scottish Parliament could have its hands tied if it wants to stop the sale of hormone injected beef, regulate food content to prevent obesity or ban single-use plastics to protect the environment, the report sets out

The report also details how the Act is being used by the UK Government to divert funding that would otherwise come to the Scottish Parliament to decide how it should be spent.

One example is the UK Government administered Levelling Up Fund for infrastructure projects, which is bypassing any Scottish Parliament involvement in around £400 million of expected consequential funding.

Additionally UK Government Ministers now have the power to extend to Scotland’s NHS the controversial market access principles that the Act introduces.

Mr Russell added: “Devolution has helped to move Scotland forward, building on the fundamental principle that the Parliament and Government elected by the Scottish people should make decisions for Scotland.

“But since the Brexit vote there has been a systematic attack on the Scottish Parliament’s powers, fundamentally undermining devolution.

“Bit by bit, the settlement that secured 74% support in the 1997 devolution referendum, is being unpicked under the cover of Brexit and without the consent of Scottish people.

“This is not a big bang abolition – it is instead the slow demise of devolution in the hope that no-one will notice.

“The UK Government has signalled its desire is to ‘undo’ devolution and it is now repeatedly using its majority at Westminster to impose laws in devolved policy areas.

“Most alarming of all, the Internal Market Act has substantially weakened the Scottish Parliament’s powers.

“The Act is going to have a very real impact on everyone in Scotland. The Scottish Parliament’s ability to ensure high levels of food standards and stop the sale of single-use plastics could be rendered obsolete – undoing devolution and undermining Scotland’s ability to directly shape its future.

“UK Government Ministers also now have the power, at a stroke of their pen, to subject Scotland’s NHS to the market access principles the Act introduces.

That is why we will continue to resist the damaging effects of this Act in every way possible, and why we are bringing forward an independence referendum Bill – to keep Scottish powers in the hands of the Scottish people.”

Collision course: A brighter future for Scotland outside the EU, says Scottish Secretary

Legislation in the Queen’s Speech will allow us to get Brexit done, leave the EU on 31 January, and forge a bright future for Scotland and the rest of the UK, Scottish Secretary Alister Jack said yesterday.

Mr Jack was speaking after Her Majesty The Queen had delivered a speech which set out the UK Government’s ‘ambitious and optimistic’ legislative agenda for the coming Parliamentary session.

The Scottish Secretary said: “Legislation outlined in the Queen’s Speech will mean we can finally get Brexit done, leave the EU on 31 January and forge a bright future for Scotland and the rest of the UK.

“We will take back control of our fishing waters, introduce a modern, fairer points-based immigration system. We will free our farmers from the bureaucratic Common Agricultural Policy, and move to a system that works for them. We will put the arguments and uncertainty behind us, agree the Prime Minister’s deal, and go on to strike ambitious trade deals around the world.

“Today, the Prime Minister has once again made clear his unwavering commitment to strengthening the Union and bringing all parts of our country together. People in Scotland are fed up with constant political wrangling and wasteful debate. That is why we will not support the First Minister’s plans for another unwanted referendum on separation.

“We will also take steps to improve the environment and keep the UK at the forefront of tackling climate change. The UK Government is bringing world leaders to Glasgow for the COP26 conference next year. It will showcase our advanced renewable sector, give a huge boost to the local economy and have a lasting legacy for our global environment.”

The Tories’ bright new dawn has now been universally welcomed, of course. Scotland’s First Minister yesterday outlined her alternative future for Scotland (see previous blog post) and the Queen’s Speech also came in for criticism from a number of organisations.

TUC General Secretary Frances O’Grady criticised the Queen’s Speech for failing to live up to the promises made to working families during the election. She said: “Working people will want to check the small print before trusting this government’s promises.

“Ministers should be taking action to outlaw hated zero-hours contracts, which trap working families in poverty. And they should get wages rising by empowering workers to negotiate fair pay.

“We know that many in the cabinet are desperate to drive down labour standards. That’s why the government has launched another attack on the democratic right to strike to make it harder for working people to stand up for their rights.

“No more excuses – the new government must improve rights at work and get wages rising to help working families.”

Jonathan Carr-West, Chief Executive of the Local Government Information Unit said: “The big question about this UK government is whether it represents continuity or radical change. This was the most ambitious Queen’s Speech we have seen for some years, seeking to signal that the Government has ambitions beyond Brexit with a wide ranging domestic policy agenda.

“But most of the measures relating directly to local government, will be of only academic interest to Scottish councils as funding and social care are devolved and English devolution is, by definition, concerned only with England. On all these issues, local government in England is likely to feel that it is as far as ever from sustainable solutions.

“In Scotland, interest is likely to focus on the broader issues addressed in the Queen’s Speech, Brexit, climate change and a commitment to a constitutional review. Across all these areas, the stage seems set for a constitutional showdown between Westminster and Holyrood.

“It is clear that we are heading for a difficult period with a UK civil service trying to work with trust and integrity for two very different governments. The key rub will be how the Barnett consequential monies for the NHS and other services are used and applied. And where will that leave local government funding.

“It’s essential that local government and its partners be part of that conversation and that whatever constitutional settlement we end up with recognises the importance of autonomous, well-funded local government as a crucial vehicle for delivering on the hopes and aspirations of communities across Scotland.”

 

Mundell: Devolution After Brexit

A speech by the Secretary of State for Scotland, the Rt Hon David Mundell MP, marking the 20th anniversary of the Scotland Act 1998:

Ladies and gentlemen.

On August 7, 1885, the Conservative Prime Minister Lord Salisbury wrote to the Duke of Richmond to offer him the newly-created post of Scottish Secretary. He said the work ‘is not heavy’ but warned that expectations were high.

He went on to suggest ‘the effulgence of two dukedoms and the best salmon river in Scotland’ would go a long way to meeting those expectations.

Thankfully, the qualifications for the job have changed since then.

I can boast neither a splendid dukedom nor a salmon river. I can, however, attest that expectations remain high. So perhaps not everything has changed.

This year marks 20 years since devolution and the establishment of the Scottish Parliament.

I believe this is a good moment to take stock.

It is a good moment to consider what Scotland’s expectations are today, from a system which gives us two parliaments and two governments.

I don’t intend to provide a detailed chronology of devolution, and certainly not a history of the office of Secretary of State for Scotland.

The key developments over the past 20 years are familiar to us.

A referendum in 1997, the Act in 1998 and a parliament up and running barely six months later.

A further Scotland Act in 2012 gave Holyrood the power to set a Scottish rate of income tax, replace Stamp Duty and borrow more money.

And in 2016 an even more wide-ranging Scotland Act was passed, creating significant new income tax powers and transferring responsibility for a large swathe of welfare provision.

So rather than dwell on the detail, I want to consider how devolution works, how it can be strengthened as we leave the EU, and how relations between our two governments must adapt and develop in future.

But first, let me declare an interest.

I am a passionate supporter of devolution. I was proud to be elected as an MSP in that first intake in May 1999.

As an MP and, by then, a minister in the Scotland Office, I played my part in delivering the 2012 Act. As Secretary of State for Scotland, it was an immense privilege to take the 2016 Act through Parliament.

Two decades on from the first Scotland Act, Holyrood has become one of the most powerful devolved parliaments in the world. Power and accountability are better balanced than ever before. And, to borrow a word bandied more frequently by my political opponents, devolution has a stronger mandate than ever before.

The vote in 1997 was re-affirmed by our decision in 2014 to remain part of the UK. And in the 2017 general election there was overwhelming support for devolutionist parties:

… Support for a strong Scottish Parliament within the UK.

… Where the UK’s strengths – our internal market, our global reach – are Scotland’s strengths.

… Where decisions affecting only Scotland are taken at Holyrood by MSPs…

… But where decisions affecting the whole UK are taken at Westminster by MPs, including, of course, 59 MPs from Scotland.

Devolution is about striking a balance and I believe the balance now achieved is a good one.

Today, the fiercest debates at Holyrood are about tax decisions; about how to raise money as much as how to spend it. That accountability has to be a good thing.

I do not support the Scottish Government’s decisions on income tax, making Scotland the most highly taxed part of the UK. I’m not impressed by the idea of taxing people £500 to park at work.

But I support Holyrood’s power to make these choices, the accountability it brings and the debate it provokes.

And as the Scottish Government begins to use new welfare powers in the years ahead I look forward to the debate at Holyrood focusing on the difficult decisions that will entail.

That, then, is my starting point.

Devolution has proved itself flexible and responsive – a ‘process not an event’ as Donald Dewar said back in 1999. After 20 years I believe the settlement is strong. And I believe the principles that lie behind it are more widely accepted than ever.

I reject completely the argument put forward by opponents of devolution that it has been crushed by Brexit:

That the settlement has been undermined by the return of powers from Brussels.

Even, that Holyrood has been victim of a pernicious ‘power grab’.

Let me tackle these myths head on.

They rest on two misunderstandings – about the 1998 Scotland Act itself and about one of the early conventions that supports it, the Sewel Convention, which says the UK Parliament will not normally pass legislation in a devolved area without the consent of the Scottish Parliament.

Firstly, it has been claimed that devolution is broken because the UK’s EU Withdrawal Act 2018 was passed despite legislative consent being withheld by the Scottish Parliament.

It was claimed that the Sewel Convention was breached or, if it hadn’t been breached, it was not fit for purpose and must be changed.

Lord Sewel himself answered the first point, judging clearly that the Convention was adhered to.

And the Scottish Government’s own Brexit minister said “these are not normal times”.

In fact, the Sewel Convention remains an essential element in the devolution settlement.

The UK Government continues to seek legislative consent for Bills that interact with devolution.

We work with the Scottish Government clause by clause in an effort to reach agreement.

I was pleased the Scottish Government agreed to recommend consent for our Healthcare (International Arrangements) Bill – legislation which will allow the UK Government to continue to fund healthcare for Scots who have retired to or are working in the EU.

I hope consent for other Brexit-related Bills will also be forthcoming – despite the Scottish Government’s stated position to oppose them.

As things stand, the EU Withdrawal Act is the only piece of legislation in 20 years to be passed at Westminster after consent was withheld at Holyrood.

I believe that is a sign of Sewel’s success and not its failure.

The second myth is that of the ‘power grab’.

Now, to listen to the rhetoric coming from some of my political opponents, you could be forgiven for thinking that Holyrood is being stripped of a whole raft of powers it currently exercises. It is complete fantasy; an invented grievance.

The reality is that more than 100 powers previously exercised in Brussels will transfer to Edinburgh.

These will transfer directly to the Scottish Parliament on the day we leave the EU.

Some powers will be exercised within new UK-wide frameworks, where the UK Government and devolved administrations agree to do so.

They are in areas such as animal health and welfare, food labelling, and chemical and pesticide regulations. Areas where the UK Government and the devolved administrations have already agreed it makes sense to take a UK approach.

Progress towards establishing these arrangements between the UK and Scottish Governments has been good, as our latest report to Parliament on the issue makes absolutely clear.

To characterise this process as a ‘power grab’ is nonsense. Holyrood is losing none of its existing powers and is gaining significant new powers as a result of Brexit.

What these myths amount to is an attempt to undermine devolution – to sweep away the ’98 settlement – by people who do not support devolution because they want independence. We should not be surprised by that.

We should remain deeply suspicious when opponents of devolution try to present themselves as its champions and protectors.

Now, to be clear, I’m not arguing devolution is perfect or that it should be frozen in time. Devolution’s adaptability is a strength and will remain so in future.

The 2016 powers are already having a positive effect at Holyrood and Brexit will bring further responsibility.

It will also raise fresh questions about intergovernmental relations – how our governments work together.

As we leave the EU, I believe these questions – more so than powers – will become pressing.

In the years ahead, our two governments – and the devolved administrations elsewhere in the UK – will need to work more closely than ever before.

We will need to manage our new UK regulatory frameworks. We will need structures that work – that respect devolution and encourage collaboration.

I’m pleased to say that work on this is underway.

Last year a Joint Ministerial Committee, chaired by the Prime Minister and attended by the First Minister, agreed to commission a review of intergovernmental relations. I’m confident this work can point the way to improved joint working. Not least because we have a lot to build upon.

Sometimes, Scottish Government ministers claim that relations between the UK and Scottish governments are at their lowest ebb. This is simply not true.

(In my experience, they were at their rockiest in 2014, as the Scottish Government’s former Permanent Secretary, Sir Peter Housden, confirmed.)

To date there have been 16 meetings of the JMC (EN), a ministerial forum specially created to shape our approach to leaving the EU, with meetings scheduled monthly. This is a crucial mechanism by which we engage with the DAs. The set of principles that will guide the development of UK frameworks were forged in the JMC (EN).

Behind the scenes, officials from the two governments are working well together on Brexit-related legislation and Brexit preparations on a daily basis.

Earlier this year, the Prime Minister took the decision to invite the First Ministers of Scotland and Wales to attend meetings of a key new cabinet sub-committee co-ordinating Brexit preparations.

In addition, our review of intergovernmental relations will look at the principles which should underpin our working relationships; at the machinery of devolution – whether we need new forums or new JMC bodies; and at how we should resolve disputes in future.

It is very much a live issue.

I’m pleased that Westminster’s Scottish Affairs Committee at Westminster are conducting their own inquiry into intergovernmental relations:

…even if, so far at least, it seems to have focused on calls for the role Secretary of State for Scotland to be abolished.

As you can imagine, I am looking forward to presenting an alternative perspective when I give evidence in due course.

I actually believe the Office of the Secretary of State for Scotland will become more, not less, important, as we enter the post-Brexit devolution world and a more complex era of intergovernmental relations.

The role of promoting the work of the UK Government in Scotland, and giving voice to Scottish concerns around the Cabinet table, will be more critical than ever.

The reasons for that are clear.

Just as Holyrood will need to adapt to the wealth of new powers at its disposal, so the UK Government will have to consider its changing role in the new landscape:

…The UK Government must and will remain prominent in Scotland.

…The UK Government must and will remain central to Scotland’s story.

We must continually re-affirm our support for devolution and demonstrate our contribution to the lives of those represented by our MPs.

Failure to do so would be a failure to deliver on the result of two referendums – the 1997 vote in favour of a Scottish Parliament and 2014 decision to reject independence.

When our opponents try to talk the UK down we should remind them of the things Scots value:

…The pooling and sharing of resources which support our public services;

…The finest armed forces in the world. Including a Royal Navy filling the Clyde’s order book until 2030.

…Pensions they can rely upon.

…A record on international aid that any country in the world should be proud of.

The list goes on.

But the UK Government can and should be doing even more.

In an important speech in Glasgow, the Prime Minister called a halt to what she described as a process of ‘devolve and forget’.

…The idea that because health, say, or education, or culture in Scotland are devolved to the Scottish Government, the UK Government no longer cares about them.

The Prime Minister was very clear. As Prime Minister for the whole of the UK, she said the educational attainment of 10-year-olds in Dundee was as important to her as that of their peers in Doncaster.

Predictably, this was deliberately misinterpreted in some quarters as another kind of power grab. It was nothing of sort. It was an appeal for more collaboration, for better joint working, for learning from each other. In other words, for more effective devolution.

I believe she was right to assert the UK Government’s interest in all parts of people’s lives in Scotland.

And I believe now is the time to build on that. We are already seeing this happen in the UK Government’s £1billion-plus Growth Deal programme in Scotland.

UK investment is mostly spent in the reserved sphere, on things like research and development. But not exclusively so. Cultural projects, such as Edinburgh’s exciting new concert hall development or Stirling’s national tartan centre, will also benefit from UK Government investment.

There are already examples of areas where devolved policy areas interact with reserved matters – in foreign trade, for example – where the Scottish Government’s agency Scottish Development International works alongside the UK Government’s Department for International Trade.

Or, in overseas aid, where Scottish Government support for projects in Malawi augments the UK effort.

Going forward, I want to see Scotland’s two governments working closely together for the benefit of people in Scotland.

The UK Shared Prosperity Fund – which will fill the space left by EU structural funds post-Brexit – should provide an opportunity for both governments to collaborate on transformational projects across Scotland, from the Borders to the Highlands and Islands.

Scotland would be ill-served if one government could not add to the work being done by another. The time is right for this. Scots expect their two governments to work together and politicians on all sides accept the need to work together.

Twenty years on, devolution is indeed the settled will of the people of Scotland.

The settlement has proved itself adaptable and is strong.

Our system of two governments and two parliaments has held up to scrutiny – endorsed by one and then a second referendum.

The people who claim Brexit has broken devolution are the people who WANT Brexit to break devolution, who see Brexit not in terms of securing the right deal for Scotland but as an opportunity to tear Scotland out of the UK. A position, of course, that has been rejected by not one but two referendums.

I do not believe Brexit will damage devolution.

I want it to strengthen devolution, and I believe that can and will happen.

Leaving the EU will bring new powers to Holyrood and new responsibilities to the Scottish Government.

But the UK Government is also being challenged to adapt to the new, post-Brexit era of devolution.

I’m confident we WILL meet the challenge:

That we WILL foster a relationship of mutual respect between Westminster and Holyrood.

That we WILL find ourselves using new ways to improve the daily lives of those we serve.

We’ll do it because, like the majority of Scots, we believe in devolution. And we have a duty to deliver all that it offers for Scotland.

Mundell: “Devolution is working well”

The UK Government today handed over the last of the powers which the Scotland Act 2016 transfers to the Scottish Parliament.

Scottish Secretary David Mundell welcomed the significant landmark which means Holyrood can now legislate in every area where the Scotland Act 2016 has given it power to do so – reinforcing its standing as ‘one of the most powerful devolved parliaments in the world’. Continue reading Mundell: “Devolution is working well”