UK legislative programme is proof positive of devolution success, says Reid

06 Dec 2000

Plans outlined today in the Government's new legislative programme reflect the ongoing success of devolution, Scottish Secretary John Reid said today.

Speaking after the Queen's Speech at the State Opening of Parliament Mr Reid said:

"As the process of devolution beds down, legislation affecting Scotland will continue to come from both Parliaments. Today's announcement covers a range of issues, from benefit fraud and business red tape to serious crime and disability rights.

"Many of the Bills announced today complement the Scottish Government's legislative programme, demonstrating the partnership of Parliaments at the heart of the devolution settlement.

"We are determined to continue our programme to modernise Scotland. We will build on our success in maintaining economic stability, creating opportunities for employment and investment, promoting social justice, and fighting crime."

Looking in more detail at the UK legislative programme, Mr Reid said:

"This Queen's Speech has as its central theme a 'responsible society' - one which is being provided with greater opportunities and from which we are entitled to expect more responsibility in return. We are providing the police with the support and powers they need to fight crime at all levels - whether it is the yob culture, the drug trade or organised crime. Our aim is to give communities back to people but we can only do so if people take action themselves to beat crime in partnership with the police.

"We are committed to tackling serious crime, and the Proceeds of Crime Bill will hit criminals where it hurts them most - in their pockets. It will mean a more effective way of targeting and confiscating the proceeds of crime, and will include specific Scottish provisions to fit within the Scottish Justice system.

"The Social Security Fraud Bill will reduce benefit fraud, which costs UK taxpayers some £2-4 billion every year. By tackling fraud we can direct benefits to the people who really need them, while we continue to support those who want to move off welfare and into work.

"The Government has already created a stable economic framework for business. I hope that Scots companies will now welcome the Regulatory Reform Bill as part of our ongoing commitment to cutting red tape. In particular, Scotland's 297,000 small and medium sized firms will welcome moves to simplify business rules.

"The Special Educational Needs and Disability Bill will improve the rights of thousands of disabled schoolchildren and students in Scotland by putting new duties on education providers to accommodate disabled people.

"As part of the Government's determination to cut the number of deaths caused by smoking, the Tobacco Advertising and Promotion Bill includes devolved Scottish provisions to ensure that there is a common approach across the UK. Measures like the banning of tobacco advertising would apply in Scotland. It will give Scottish Government Ministers the power to take these regulations forward in Scotland."

NOTES FOR NEWS EDITORS

Scotland and the Queen's Speech

UK Parliament Bills with Scottish provisions (on Reserved matters)

  • Social Security Fraud Bill
  • Regulatory Reform Bill
  • Safety Bill (advance drafting)
  • Export Controls and Non-proliferation Bill (advance drafting)

UK Parliament Bills with Scottish provisions (on a mix of reserved and devolved matters)

  • Special Educational Needs and Disability Bill
  • Crime (Vehicles and Court Receipts) Bill
  • Proceeds of Crime Bill (advance drafting)

UK Parliament Bill with Scottish provisions (on devolved matters)

  • Tobacco Advertising and Promotion Bill

UK Bills on which parallel Scottish Parliament legislation has been announced

  • Hunting Bill (Protection of Wild Mamma (Scotland)) Bill
  • International Criminal Court Bill
  • Housing (House Selling and Homelessness) Bill (Housing (Scotland) Bill

UK Bills on which Scottish Government Ministers are considering the way forward

  • Private Security
  • Health and Social Care Modernisation Bill
  • Police and Criminal Justice Bill

UK Bills which will not apply in Scotland

  • Children's Commissioner for Wales Bill
  • Mode of Trial Bill
  • Commonhold and Leasehold Reform Bill
  • Criminal Defence Service (Advice and Assistance) Bill

Notes on the Main Purposes of the UK Programme Bills with implications for Scotland

Social Security Fraud Bill

  • The Bill provides powers to reduce fraud by enabling information held by different agencies on claimants to be obtained and shared
  • to reduce or withdraw benefits from benefit offenders convicted twice within 3 years
  • to enable DSS/Local Authorities to offer a financial penalty as an alternative to prosecution
  • to clarify the offence of failing to notify a change of circumstances
  • to align the time limit for taking proceedings in Scotland with England and Wales (DSS/SE agreed in July)

Regulatory Reform Bill

This Bill removes some of the barriers to the wider application of the deregulation order-making powers in the Deregulation and Contracting Out Act 1994 (DCOA) whilst strengthening the tests and safeguards governing its use. The Bill would provide a much more powerful tool to remove burdens from business.

Special Educational Needs and Disability Bill

This Bill covers Special Education Needs (SEN) which is devolved - these provisions do not extend to Scotland and Disability Rights in educationwhich are reservedand, with one exception, the provisions do apply to Scotland. The Disability component would impose new duties on education providers not to discriminate against the disabled; to make reasonable adjustments to policies, procedures and practices to accommodate the disabled; and to provide reasonable alternatives where this is not possible.

Crime (Vehicles and Court Receipts) Bill

This Bill would reduce opportunities to dispose of stolen vehicles and otherwise improve the enforcement of vehicle crime. The provisions will apply to England and Wales only except for parts relating to vehicle identity tests (when insurance write-offs are re-registered), police bulk access to the registered insurance data base (to detect uninsured drivers) and regulation of registration plate suppliers which will be extended to Scotland. Scottish Government Ministers are considering the implications for Scotland.

International Criminal Court Bill

This Bill establishes a regime in E & W and NI which, with parallel Scottish legislation, will enable the UK to ratify the International Criminal Court Statute. It provides for the arrest and surrender to the ICC of persons in the UK who have committed their crimes overseas and enables persons convicted by the ICC to be held in UK prisons.

Proceeds of Crime Bill

This Bill would enable the proceeds of crime to be more effectively targeted and confiscated. It is a mixture of reserved(drugs, money laundering and taxation) and devolved(non-drugs confiscation and the criminal law). It is to be advance drafted for consultation purposes. It would contain powers to:-

  • enhance criminal confiscation following conviction by aligning the existing (separate) schemes for drug trafficking and other crimes and by strengthening investigatory and enforcement powers;
  • enable civil recovery of proceeds of crime where it is not poible to prosecute or secure a criminal conviction;
  • strengthen existing money laundering powers by removing the distinction between terrorism, drugs and other crimes and imposing tougher disclosure requirements; and
  • enable the Inland Revenue to raise tax assessments on assets for which there is no proof of purchase.

Tobacco Advertising and Promotion Bill

This Bill would implement Manifesto commitment to ban tobacco advertising The subject matter is devolved but Scottish Government Ministers have agreed to a UK Bill - which will require Sewel consent. It would give Scottish Government Ministers powers to make regulations for Scotland. Enforcement measures would be for local authorities but could be taken over by Scottish Government Ministers in the event of difficulties. Prosecution would be the responsibility of the Procurator Fiscal Service.

New Cultural Framework Bill

This Bill would modernise the statutory provisions for NDPBs sponsored by DCMS; create the Council for Digital Access to Culture (CDAC); develop a new Internet-based initiative and extend the powers of the National Heritage Memorial Fund (NHMF) to enable libraries to create and improve access to literature. Most of the provisions relate to NDPBs whose functions extend only to England. Scottish interests are confined to a small number of bodies which operate on a UK basis (eg NHMF).

Foxhunting Bill

Fulfils Manifesto commitment that there would be Bill on hunting with dogs. Subject matter is devolved and the bill will not extend to Scotland. Protection of Wild Mammals (Scotland) Bill was introduced to the Scottish Parliament on 1 March 2000 by Mike Watson MSP and is currently at Stage 1. The Rural Affairs Committee started hearing oral evidence on 21 November and this will continue into December.

Housing (House Selling and Homelessness) Bill

Bill with two distinct topics. The first is designed to tackle the problems of delay in the house selling process in England and associated gazumping. The second is designed to meet the Manifesto commitment to improve the protection for priority need groups who become homeless through no fault of their own.In Scotland a Housing Bill was announced in September. It will be introduced shortly and will tackle homelessness (but not house selling problems which are different in Scotland - multiple surveys).

Health and Social Care Modernisation Bill

This Bill would implement and underpin key elements of the National Plan for modernising the NHS in England and Wales. The Plan was published by Alan Milburn in July. It would also implement the government's response to the Royal Commission of long term care in order to improve the quality of health and social care services for older people. Most of the provisions in this bill are devolved and may be the subject of separate Scottish legislation. Scottish Government Ministers are considering the implications for Scotland. A Scottish Care Bill was announced in September.

Private Security Bill

This Bill would regulate the private security industry (including bouncers and wheel clampers) through the establishment of a new Security Industry Authority to licence companies and individuals and to set and raise professional standards in the industry. The Bill's provisions are devolved and extend to England and Wales only. The Scottish Government will be issuing shortly a consultation paper on how best to regulate the industry in Scotland. A decision on the preferred approach will not be taken until spring.

Police and Criminal Justice Bill

Most police powers and functions are devolved and nearly all of the provisions in this Bill will apply to England and Wales only. The Bill would help ensure that the Police are given the orgaion, operational tools and support mechanisms necessary to ensure effective performance. It would cover a wide range of measures including:-

  • police training
  • powers of seizure (following Bramley decision)
  • improved disclosure of relevant information to appropriate authorities (permissive)
  • plugging a gap in relation to cross-border search warrants
  • police powers of arrest
  • retention of DNA samples
  • importation of child pornography
  • fixed penalty notices
  • confiscation of passports

Scottish Government Ministers are considering the implications for Scotland.

The following provisions in the Bill could be extended to Scotland:-

  • police pensions policy is reserved and the provision relating to membership of the Police Pension Scheme in relation to officers of the National Criminal Intelligence Service (NCIS) and the National Crime Squad will apply to Scotland
  • the provisions on powers to exchange information with other agencies maybe extended to Scotland.

Safety Bill

The Safety Bill would implement any necessary follow-up to the Cullen Inquiry on the Paddington rail crash. Railway safety is a reserved matter. It would also tackle a number of other safety matters.

The Scottish Legislative Programme

On 8 September 2000 the late First Minister announced the following Scottish legislative programme:-

  • Housing*
  • Regulation of Care*
  • International Criminal Court*
  • Graduate Endowment
  • Evidence from Victims of Sexual Offices
  • Water Services
  • Compliance with ECHR
  • Salmon Conservation
  • Budget

To date the Scottish Parliament has passed the following 12 Bills:

  • Mental Health (Public Safety and Appeals) (Scotland) Bill
  • *Public Finance and Accountability (Scotland) Bill
  • Budget (Scotland) Bill
  • Census (Amendment) (Scotland) Bill
  • Adults with Incapacity (Scotland) Bill
  • Abolition of Feudal Tenure etc (Scotland) Bill
  • Standards in Scotland's Schools etc Bill
  • *Ethical Standards in Public Life etc (Scotland) Bill
  • Education and Training (Scotland) Bill
  • Bail, Judicial Appointments etc (Scotland) Bill
  • National Parks (Scotland) Bill
  • *Regulation of Investigatory Powers (Scotland) Bill
  • *Transport (Scotland) Bill (still to complete stage 3)
  • Sea Fisheries (Shellfish) Amendment (Scotland) Bill (a Member's Bill)

* parallel UK Parliament legislation