| Col 690 |
If we choose to
go along the road of a separate, higher, Scottish minimum standard, we
will see that same situation develop in relation to every commodity produced
by the Scottish food industry.
Alasdair Morgan: Is Mr Johnstone
saying that whatever standard is decided at Westminster is the correct
one, and that any difference to our standard-whether it is in the detail,
higher or lower-is therefore wrong? That is the logic of what he is saying.
Alex Johnstone: I hope that Mr Morgan
will accept that the logic of what I am saying is that we need a common
standard within a common market. We need a level playing field. Scotland's
farmers have already experienced the disadvantage of having a higher standard
imposed on them, and we cannot afford to allow the Scottish food production
industry to be penalised by similar efforts being introduced in other areas
of food production.
Mr Mike Rumbles (West Aberdeenshire
and Kincardine) (LD): Given the new-found spirit of co-operation between
the Conservative group and the Administration, can I assume-not that I
wish to predict the result of the vote-that the motion will be passed?
As an early shot, to get an oar in for the north-east of Scotland, I wonder
whether Alex has seen my motion on establishing a Scottish branch of the
food standards agency in the north-east, and whether he would give his
support to that.
Alex Johnstone: I will discuss the
matter with Mr Rumbles at a future date, and I will consider supporting
his proposals.
A single UK standard is best for Scotland's
food producers and for its farming industry. Ideally, that standard must
be Europe-wide, in order to prevent unfair competition within the European
single market.
16:21
Kay Ullrich (West of Scotland) (SNP):
If new Labour wants a UK-wide food standards agency, the great mystery
is why it bothered to make that a devolved matter in the first place. Perhaps
the mystery is not so great. Perhaps this is a sign of more to come. Perhaps
what we are witnessing is evidence that what new Labour gives, it can take
away; or could it be confirmation of Enoch Powell's statement that power
devolved is power retained?
This is exactly the type of legislation
that should be scrutinised by the Scottish Parliament. If we are to address
Scotland's dreadful health record, and the undoubted link between poverty
and ill health, then we must address the inequality of access to fresh,
nutritious, safe food. If people are poor, and |
| Col 691 |
particularly if
they live in a peripheral housing scheme or a rural area, they are probably
paying more for food that is less fresh, and have less choice, than their
better-off, car-owning neighbours.
Let me put it this way. If someone owns
a car, they can nip into Tesco's and buy a loss-leader loaf for 7p. Try
getting a loaf for that price in a corner shop or a village store. Those
outlets cannot compete with supermarkets in terms of price or the range
of goods available, but people cannot get tick at supermarkets and that
is an important factor when they are living, quite literally, from hand
to mouth.
The main aim of a mother living on benefit
is to ensure that her children are not hungry. That means buying the most
filling foods at the lowest possible cost-lots of chips, pre-packaged beef-burgers
and pulped fish-fingers. Those foods are all high in additives and low
in nutritional value, but they serve the immediate purpose-the children
do not go to bed crying from hunger.
I have spoken about nutritional inequality
on many public platforms. I can lay money on the certainty that someone
will be sure to say, "Why don't they just make a good pot of soup? It's
very nourishing and it doesn't cost much money." I can see smiles from
colleagues all around the chamber who have obviously heard that too. I
call those people the "Let them eat soup" brigade.
The ingredients for soup-fresh vegetables
and a good stock-are not readily available and are certainly not cheap
in corner shops and village stores. The art of soup making is learned at
granny's knee, and has been lost through the dispersal of families or the
sheer grind of poverty.
Ben Wallace (North-East Scotland) (Con):
Point of order.
Kay Ullrich: He is going to give
us his granny's recipe.
Ben Wallace: I simply want to raise
a point of order. I wonder if Mrs Ullrich would get to the point. We are
debating the food standards agency, not cooking with mother.
Kay Ullrich: I was trying not to
say so, but it is usually from the Conservative party that we get the "Let
them eat soup" question. I do not know whether he learned to make soup
at his granny's knee, but it is a lost art form.
Dr Elaine Murray (Dumfries) (Lab): I
agree with virtually everything that has been said, but I do not see its
relevance to the food standards agency.
Kay Ullrich: I am pointing out that
the greatest problem that the Parliament must address is that of the poverty
that afflicts one in three children in |
| Col 692 |
our nation. This
is an ideal opportunity to point out how difficult it is for people living
in poverty to get access to low-cost, fresh, nutritious food.
The Deputy Presiding Officer (Ms Patricia
Ferguson): Could you begin to wind up, Mrs Ullrich.
Kay Ullrich: The parliament can
do much to improve not only nutritional inequality, but inequalities across
the range of policy issues that impinge on the health and well-being of
our people. In effect, we must ensure that all policy is poverty-proofed,
at a pre-legislative stage. The food standards bill presents this Parliament
with an ideal opportunity to do just that. We should not give away that
power.
The Deputy Presiding Officer: I
call Susan Deacon to wind up the debate.
16:26
Susan Deacon: I
found the debate both intriguing and enlightening. I will certainly take
on board Mrs Ullrich's guidance on soup making; those close to me will
know that I definitely need to take that on board. Perhaps I can assist
Mrs Ullrich by drawing out one particularly relevant point in her speech,
which is the important role of the agency in giving advice on nutrition.
It is important that consumers get good advice about what to eat in order
for them to be informed consumers.
I am pleased that consensus has broken
out across the chamber in this debate. In the spirit of the new politics,
about which we talk so much, I am keen to build on that consensus. Having
said that, I cannot resist saying a few words about the approach of the
members of the SNP to today's debate. Unfortunately, the approach that
the SNP has adopted in relation to this issue is all too typical of the
one that it adopts on many issues and it is unacceptable.
In his opening remarks, Alasdair Morgan
said that he wanted to concentrate on the constitutional aspects of the
debate. Now that we have a devolved Scottish Parliament, I want to make
a genuine appeal to SNP members to stop reducing every issue to sterile,
narrow constitutional points, and to start getting on and engaging with
the real issues before us.
I am delighted that the Parliament is able
to take the decision to endorse the establishment of a food standards agency.
It would have been nonsense if we had postponed consideration of the issue
or if we had asked Westminster to postpone the establishment of the agency
or consideration of the bill, simply so that we could adhere to some ideological
purity about discussing the matter in the Scottish Parliament at a later |
| Col 693 |
date.
Alasdair Morgan: Will the minister
explain why making up our own mind means that we will have to postpone
anything? As far as I can tell, the clauses that relate specifically to
Scotland-and any other general clauses that affect Scotland-are already
written. On 2 July we are going on holiday for two months. What about giving
up our holiday and passing the bill ourselves?
Susan Deacon: Mr Morgan has just
answered his own question. Perhaps I can remind him of some of his earlier
comments, with which I am now very familiar because he made the same points
in Westminster earlier this week. I am pleased to see that he is recycling
his speeches effectively. He said that it was only a matter of days before
the power was transferred to this Parliament and, therefore, the bill should
have been put off until after that. How do we put it off until after that?
If we had put off the issue until after the summer, we could not have got
on with the job of establishing a food standards agency. The debate is
not just about the establishment of any food standards agency; it is about
the model on which this one is based.
Mr Morgan also asked for consultation.
Perhaps he has missed the point that there was an extensive consultation
process in Scotland and elsewhere in the UK that led up to the publication
of the bill. The principle of the establishment of a UK food standards
agency is one that has been endorsed both north and south of the border.
However, let me not fall into the trap
of concentrating on constitutional issues. In the few minutes that I have
left, I want to pick up some of the other points that have been raised.
First, on the point about the levy, much as I would like to say that it
was David McLetchie's intervention in the issue that caused a change of
heart on the part of the Government, I suspect that it was the widespread
view that was expressed across the country. I am pleased that in this case
we have seen a listening Government in action.
A couple of members raised the question
of the location of the Scottish arm of the agency. As Lewis Macdonald said,
the establishment of the agency will be a matter for consideration in the
future, after we have endorsed the principle of the bill.
Many detailed points were raised about
charges relating to the meat hygiene service and the issue of labelling,
and reference was made to genetically modified foods. We do not have time
to enter into the details of those issues today, but I make two points.
First, the complexity of the legislative position that governs those issues
is an illustration of why it is important to have an agency that can assist
us in the process of interpreting legislation |
| Col 694 |
and pursuing action
in Scotland. All those issues are bound up by EU law, although this Parliament
also has powers to act on them.
Secondly, now that this Parliament is in
place we have a real opportunity to discuss all those issues sensibly.
I am struck by the fact that members from all parties have said, during
this debate, that they agree with the principle of having measured and
reasoned consideration of food safety matters, and by the fact that they
have also stated the importance of accepting medical and scientific advice
on such issues. I hope that the same approach will be taken when we discuss
specific food safety issues, such as genetically modified foods and beef
on the bone. The Executive is determined to take scientific and medical
advice on board when considering such matters.
Finally, mention was made of Sam Galbraith's
contribution to the development of the bill that we are now discussing
and the consultation process surrounding the creation of the agency. I,
too, pay tribute to his role in that process. I am very pleased that we
now have the chance to establish the agency. It is the right thing to do
for Scotland, and we will have a strong voice in its establishment. It
will provide an opportunity for us to rebuild consumer confidence in food
and to give good advice to people about food safety matters. I hope that
we can use the powers and processes of this Parliament effectively in dealing
with this issue, and I hope that all members will support this motion.
I move,
That the Parliament endorses the principle
of a UK Food Standards Agency as set out in the Food Standards Bill and
agrees that the Bill should be considered by the UK Parliament.
The Deputy Presiding Officer: The
next section of the debate will be on motion S1M-61, which covers the Financial
Services and Markets Bill, the electronic communications bill and the limited
liability partnerships bill. Members who want to speak in this debate should
press their request buttons as soon as possible. I call Angus Mackay to
speak to and to move motion S1M-61.
16:33
The Deputy Minister for Justice (Angus
Mackay): I have a slightly lengthy speech to make. I shall be as brisk
as possible, to ensure that all members who want to participate will have
time to do so. I am speaking to this motion, which has been lodged by the
First Minister, as the three bills that it concerns fall within the field
of civil law.
As the First Minister said in his statement
to the Parliament on 9 June, both the Scottish Executive and the UK Government
expect that, by |
| Col 695 |
convention, the
UK Parliament will not normally legislate on devolved matters without the
consent of the Scottish Parliament. Bills will often come before the UK
Parliament which extend to Scotland and relate to reserved matters, but
it will be exceptional for those bills to relate also to devolved matters.
However, a bill that essentially concerns reserved matters may impinge
on devolved matters of Scots law. To secure a level playing field throughout
the UK, it may be necessary for the provisions to include changes to Scots
law. Scots law is, however, generally a devolved matter.
This motion relates to three bills, each
of which has some impact on Scots private law. None of the bills in itself
changes the law in devolved areas, but there is some impact. In the interests
of maximum openness and transparency, we have agreed that this Parliament
should be informed of those matters and that its consent should be obtained.
The first bill is the Financial Services
and Markets Bill, which was introduced at Westminster on 17 June. It does
not make any provision that would have been within the competence of this
Parliament but it has an impact on bankruptcy law, which is devolved.
The purpose of the bill is to set up a
single regulator for financial services and markets. The regulator will
be a continuation of the existing Financial Services Authority, which will
be given additional powers. The FSA already regulates banking and investment
business but the bill will bring all financial services, such as insurance,
under its control.
Mr John Swinney (North Tayside) (SNP):
The minister said that the purpose of the motion is to obtain the consent
of this Parliament to allow Westminster to proceed on this issue. The Law
Society of Scotland is concerned about some of the components of the Financial
Services and Markets Bill; it is concerned that the bill does not create
a single regulatory body for solicitors who provide financial services,
but, in effect, produces double regulation as both the Law Society of Scotland
and the Financial Services Authority will be involved. Will the Executive
support the representations of the Law Society of Scotland and other organisations
in Scotland on this important matter to the Treasury, which has signally
failed to listen to those representations?
Angus Mackay: I know that Mr Swinney
has concerns about this matter and that the Law Society of Scotland has
made representations to both the FSA and the Treasury. I intended to cover
that point in my speech or in winding up, but I will say at this point
that our legal officers will examine the details as we do not want there
to be double regulation. It may well be that the legislation that |
| Col 696 |
will go through
Westminster will remove the need for double regulation. We will return
to that point if it will be helpful.
Among the sanctions available to the FSA
will be the power to petition for the bankruptcy of a sole trader. That
sanction will be available where a sole trader appears to be unable to
pay a regulated activity debt-a debt relating to the provision of financial
services-or to have no prospect of being able to pay such a debt. A typical
sole trader is an independent financial adviser. Often someone who advertises
services as an independent financial adviser trades as an individual rather
than a company, and is therefore open to being sequestrated as an individual
for business debts.
The bill enables the FSA to ask the court
to sequestrate the estate of an insolvent sole trader to minimise the loss
that might otherwise be sustained by consumers doing business with them.
In Scots law, bankruptcy is normally a creditor-driven process. Usually,
the creditor petitions for the bankruptcy of an individual, but that can
also be done by the debtor, or by a trustee under a trust deed. The bill
will create a precedent in Scots bankruptcy law, as the FSA will not be
a creditor, but will act on behalf of individuals who might sustain loss
through the continued activities of a sole trader. The Scottish Parliament
could not pass legislation to give the FSA that power, as regulation of
financial services is a reserved matter.
I hope that we can agree that it is important
that the protection offered by the FSA to investors in England, Wales and
Northern Ireland should be available to the same extent in Scotland, and
that it is appropriate for the bill to make this provision.
The UK Government plans to introduce an
electronic communications bill before the recess. This important bill will
create a framework for the increased use of electronic commerce throughout
the UK. Electronic commerce involves marketing goods and services by electronic
means. It can involve the buying and selling of goods and services, as
well as money transfers, advertising, and transactions with the Government.
The bill will provide powers to create
an approvals regime for bodies that offer electronic signature and confidentiality
services that enable people to check who has signed an electronic message
and that the message has not been tampered with, but has been kept confidential.
The bill will not contain any devolved
provisions, but it will provide that existing legislation may be modified
by statutory instrument for the purposes of authorising, facilitating or
encouraging the use of electronic commerce or electronic storage. That
could, for example, involve changes to the |
| Col 697 |
Requirements of
Writing (Scotland) Act 1995, which provides for documents to be executed
with manual signatures.
The electronic communications bill would
not have been within the competence of this Parliament. It would of course
be possible for this Parliament by primary legislation to amend the Requirements
of Writing (Scotland) Act 1995 to provide for documents with an electronic
signature to be valid. However, the bill will make it possible for a Scottish
minister to introduce by secondary legislation a complete package of rules
on reserved matters, with the consent of a UK minister. That will be done
in this Parliament, but it will not be possible if the UK Parliament does
not provide for it in the electronic communications bill. I hope, therefore,
that the Parliament will agree that it is appropriate to give consent to
that part of the bill.
The limited liability partnerships bill,
which has not yet been introduced, will create a new form of business association-a
limited liability partnership-which would be a body corporate in which
the liability of the partners would be limited to the extent of their stake
in the business. It would not be within the legislative competence of this
Parliament to introduce such a bill, as it deals with a reserved matter:
the regulation of business associations.
The bill will not contain any provision
on devolved matters other than a power to make regulations on the process
of winding up a limited liability partnership, because the law on the process
of winding up business associations in Scotland is devolved. It would,
therefore, be for a Scottish minister to make any regulations needed for
the process of winding up limited liability partnerships in Scotland. The
law concerning Scottish partnerships, such as, typically, firms of solicitors,
will not be affected by the bill.
The bill will provide useful additional
flexibility for Scottish business and I hope that members will have no
difficulty consenting to the provision to make regulations on the process
of winding up.
I would now like to say a few words about
the more general matter of the UK Parliament legislating in devolved areas.
The usual rule will be that legislation in devolved areas will be enacted
by this Parliament. From time to time, however, it may make sense for a
UK act to include provisions about such matters. The bills that we are
considering today provide examples of circumstances in which that may be
appropriate. As I said earlier, our expectation is that, by convention,
the UK Parliament will not usually legislate on devolved matters without
the consent of this Parliament. It is important, therefore, that this Parliament
should be kept informed of such proposals. |
| Col 698 |
As the First Minister
said in his statement, where the Scottish Executive and the United Kingdom
Government agree that a policy affecting devolved areas should be given
effect by an act of the UK Parliament, it would be for the Scottish Ministers
to put the proposal to the Scottish Parliament. Our intention in any such
case is to produce a memorandum to provide this Parliament with the information
that enables it to take a decision on the proposal. We would also lodge
a motion seeking the Parliament's approval.
Whether time should be found for a debate
on such a motion will be a matter for the Parliamentary Bureau, but I do
not expect that it will be necessary to debate the detail of every bill
as we are doing today. With bills such as these, whose effect on devolved
matters would be minor, we expect that a Parliament debate will be thought
unnecessary. If the bureau thought it necessary, perhaps the appropriate
committee could be asked to make a recommendation. However, when the effect
on devolved matters would be more significant, the Executive will certainly
consider sympathetically the case for a debate.
Thereafter, it will be necessary to keep
this Parliament informed of the development of any such legislation. Our
intention is that that should be done by means of supplementary memorandums
should there be any change to the legislation during its passage that materially
affects the extent to which it impacts in devolved areas.
I hope that the Parliament will agree that
this represents a sensible approach.
I move,
That the Parliament agrees that the Financial
Services and Markets Bill, the Electronic Communications Bill and the Limited
Liability Partnerships Bill should be considered by the UK Parliament.
16:43
Alasdair Morgan: I shall be brief,
Madam Deputy Presiding Officer, as I had a fair kick at the ball last time.
The bills that we are discussing are important
for Scotland-particularly those in relation to financial services, which
is an area in which Scotland has some pre-eminent institutions. They are
also important in the fast-growing field of electronic commerce. Scotland
has a lot to gain from the development of that industry, in which the rural
and more far-flung areas of the country can begin to compete on a level
playing field with other areas that are nearer centres of population.
As the minister said, these bills are different
from the bill to establish a food standards agency in so far as they deal
largely with reserved areas |
| Col 699 |
although they touch
peripherally on devolved areas. Those devolved areas, however, are important
for Scots law. One of the reasons for devolution is that, quite frankly,
the Westminster Parliament often did not have either the time or the expertise
to get right the incidental changes that are often made to Scots law as
a result of legislation.
We have an example of that in relation
to the electronic commerce bill. I am unclear about the name of that bill.
I think the minister referred to electronic commerce-which was my understanding
of the title-but I see that the motion refers to electronic communications.
Perhaps they are the same thing.
The House of Commons Trade and Industry
Select Committee's seventh report this session examined the Department
of Trade and Industry's consultation document on the electronic commerce
bill and said that the
"consultation document does not reflect
the differences between the English and Scottish legal systems in its discussion
of changes to the ways in which courts deal with electronic signatures."
In fact, the DTI had simply ignored the
fact that Scotland deals with those matters differently. The select committee
said:
"We consider it a potentially serious omission
that DTI has not indicated how its proposals for electronic signatures
would affect Scottish law".
That example illustrates my point of concern
about UK legislation that affects Scottish matters.
The minister alluded to two bills that
have not yet been published, so in effect we are discussing something that
we have not seen. Even the Financial Services and Markets Bill-more than
200 pages of it-was published only last week. I suspect that not all members
have read all of it. It is stretching credibility to expect us simply to
say, "Yes, it is okay for the UK Parliament to go ahead with this bill,
which does not yet exist, but which will touch on some devolved matters."
That is not satisfactory. At the very least, we should have the bill in
front of us when we are considering a motion such as this.
I welcome the introduction-after the event-of
a procedure to deal with the incidental changes that are often made to
Scots law as a result of UK legislation, but the procedure must deal with
legislation both before it goes to second reading and after it comes from
its final stage in the Parliament down the road, because a lot can happen
to a bill from its first publication to its entry in the statute book.
SNP members still have considerable concern
about this method of working. I accept the minister's assurance that we
will be given the opportunity to scrutinise bills, but I would hate it
to |
| Col 700 |
be for the Executive
to decide whether this Parliament has the chance to scrutinise legislation
that affects Scots law.
16:47
Miss Annabel Goldie (West of Scotland)
(Con): It is a little difficult to bring any sense of passion to this
debate, with topics such as the Financial Services and Markets Bill, the
electronic communications bill and the limited liability partnerships bill.
It would be an exaggeration to say that the people of Scotland talk of
little else.
Mr Mackay will probably be relieved to
hear that Conservative members are broadly in agreement with what he proposed,
but I have been asked to flag up one or two specific concerns relating
to the Financial Services and Markets Bill. Mr Swinney has already alluded
to the concerns that I hold and to which I was alerted by the Law Society
of Scotland. If I speak with conviction, it is that of the zealot of poacher
turned gamekeeper. From a previous existence as a solicitor dealing with
investment work, I know that no body could have been more rigorous, robust
or harassing than the Law Society in its regulation of solicitor members.
That brings me to the more serious point
that the bill apparently does not seek amendment to the Solicitors (Scotland)
Act 1980, which is the primary legislation governing Scottish solicitors
and regulates what solicitors handling investment business must do or should
not do. There is grave concern that a dangerous duplication will arise:
not only an unwelcome one for solicitor members in Scotland who may find
themselves subject to two lots of administrative charges-which at first
estimate will be hefty-but one which could cause confusion for consumers.
That is distinctly undesirable.
There is a perception-and it may be worth
investigating-that the Law Society of Scotland and its member solicitors
would be content to remain with the existing adequate framework. In Scotland
we have the unique virtue of an independent legal system and we have in
place a satisfactory framework for the regulation of solicitors who handle
investment business. Allowing a duplication to arise is an unnecessary
complication and an unwelcome expense.
I hope that the minister will look carefully
to see whether any steps can be taken to preserve the integrity of what
already exists in Scotland and is in every respect admirable, to avoid
bringing in any unnecessary confusion.
I also draw the minister's attention to
some of the definitions in the proposed bill, specifically to the distinction
between an investment and investment business. In the interests of clarity
and legal certainty that should be defined in the |
| Col 701 |
primary legislation;
it should not be left to the statutory instrument. Due regard should be
given to that important point.
I referred in my general remarks on the
possible confusion to the cost of regulation. The Law Society of Scotland
has ascertained from the FSA that the likely cost to Scottish solicitor
practitioners will be a minimum of £1,000 for authorisation. That
contrasts sharply with the existing charge of £135 imposed by the
Law Society. I gather that the FSA has accepted that it will be neither
as efficient nor as economical as the Law Society in regulating the investment
business of Scottish solicitors. The minister may wish to give significant
attention to that.
On a matter of corporate governance, the
Hampel committee on corporate governance confirmed the recommendation of
the Cadbury committee that in principle the roles of chairman and chief
executive officer should, for obvious and understandable reasons, be kept
separate in every public company. It is logical that that principle should
be extended to comparable positions in the FSA. That is in no sense meant
to denigrate or diminish the stature of Mr Howard Davies, who has a fine
reputation; it is meant to point out that a distinction should be drawn
between those two very separate roles. The Conservatives welcome Mr Mackay's
proposal, but we hope that regard will be given to the very real concerns
of the legal system of Scotland and its practitioners.
16:52
Mr Kenneth Macintosh (Eastwood) (Lab):
I welcome the minister's explanation of why these measures would clarify
Scottish law and benefit Scottish business. In the interests of brevity,
I will confine myself to welcoming this opportunity for the Scottish Parliament
to show how we see ourselves as part of the devolution process.
Many times in the past we have seen that
Parliaments have a tendency to accumulate power to themselves. A fear that
this Parliament would do that, adding another layer of government, has
been widely expressed. It was feared that we would waste time and energy
in conflict with Westminster rather than work to the benefit of our communities.
If we are to make devolution work for Scotland,
we should ensure that we have a creative tension with Westminster. That
means being part of a two-way process, give and take. I welcome this chance
to show that when it is in the best interests of our country we can give
our consent to Westminster considering appropriate legislation. In the
1980s in particular, we saw the dangers and pitfalls of excessive deregulation.
We do not want to replace |
| Col 702 |
that with excessive
over-regulation.
The business community in particular has
told us how much it wants to avoid unnecessary layers of bureaucracy and
duplication of procedures in Holyrood and Westminster-a point that Annabel
Goldie made very well. The business community would appreciate-as we all
would-clarity in decision-making. Most of all, it would appreciate a level
playing field so that it can compete in the internal market that is the
United Kingdom.
The proposed legislation will help to maintain
a level playing field. Our agreeing the motion will also show that the
Scottish Parliament appreciates that it does not have a monopoly on power
and that sometimes there are other bodies, whether at UK or local authority
level, who can take decisions that are in the best interests of the Scottish
people. I commend the motion.
16:54
Angus Mackay: Some concerns have
been raised twice and I have addressed them already. I understand that
the FSA is in the process of issuing-if it has not already done so-a consultation
paper that may address some of the concerns raised by the Law Society.
There are 72 Scottish MPs at Westminster who are perfectly capable of raising
those concerns during the passage of the bill if they relate to legislation
on a reserved matter. I hope that that answer covers most of the concerns
that have been raised.
Mr Morgan raised a couple of points, which
I do not think were substantive criticisms of the motion. I think that
he is largely happy to accept that the bills do not impact excessively
heavily on devolved matters.
I will address the issue of legislation
that is altered substantially between the time we first consider it and
when it is dealt with at Westminster. I spoke earlier about the need to
be able to examine any substantial changes that emerge by bringing them
back to the Parliament.
Mr Swinney: It is difficult to judge
how legislation has changed materially from when it is agreed to in principle
by this Parliament when it has not been published. Will Mr Mackay explain
how the blank cheque is filled in by this process?
Angus Mackay: What is important
is that, when it considers bills, the Parliament is clear about the scope
and nature of their impact on devolved matters. As long as that is clear
and the Executive and the Parliament have the opportunity to make it clear,
the Parliament should be able to come to a rational conclusion about whether
it accepts bills being passed at Westminster.
I do not feel that there are any real grounds
for concern about the bills in the motion. The Scotland |
| Col 703 |
Act 1998 has given
this Parliament the power to legislate on a wide range of areas. These
bills do not encroach on the powers devolved to this Parliament, except
for a very marginal impact on Scottish private law. The motion is uncontroversial
and I trust that no one will wish to oppose it. |
| Col 704 |
Business Motion
The Deputy Presiding Officer (Ms Patricia
Ferguson): We now move on to two items of Parliamentary Bureau business,
both of which will be taken without debate. The first is motion S1M-62,
in the name of Tom McCabe.
The second motion is S1M-63, also in the
name of Tom McCabe, on the days on which the office of the clerk will be
open.
16:57
The Minister for Parliament (Mr Tom
McCabe): This statutory instrument was made under section 93 of the
Scotland Act 1998 and it was laid before this Parliament on 10 June. Its
purpose is to allow ministers of the Crown to enter into agency agreements
with the Scottish Ministers to allow for particular functions of one to
be exercised by the other and vice versa.
I move,
That the Parliament considers the Scotland
Act 1998 (Agency Arrangements) (Specification) Order 1999.
Mr McCabe: I also refer to motion
S1M-63, on the days when the office of the clerk will be open. The days
are outlined in today's business bulletin.
David McLetchie (Lothians) (Con): Will
Mr McCabe explain why in this motion we in this Parliament are apparently
being allowed to skive off on 30 November, when everybody else in Scotland
will be at work? Will he confirm that it does not signify support on the
part of the Executive for the misguided campaign to make 30 November a
national holiday? In Scotland we may need to rationalise our timetable
of local and national holidays, but the last thing that people in Scotland
need is a holiday in the middle of the week on a dreich day in November.
Mr McCabe: The debate at the Parliamentary
Bureau did not mention the words skiving off. It is recognised that it
is not a holiday. There was a feeling within the bureau that it would be
good to mark that particular day. However, the office of the clerk is open;
members are not on holiday and are still able to carry out a variety of
their functions.
I move,
That the Parliament agrees that-
(a) the Office of the Clerk should be open
on each of the following days:
5 July to 9 July; 12 July to 16 July; 19
July to 23 July; 26 July to 30 July; 2 August to 6 August; 9 August to
13 August; 16 August to 20 August; 23 August to 27 August; 30 August to
3 September; 6 September to 10 September; 13 September to 12.30 pm on 17
September; 21 September to 24 September; 27 September to 1 October; 4 October
to 8 October; 11 October to 15 October; 18 October to 22 October; 25 October
to 29 October; 1 |
| Col 705 |
November to 5 November;
8 November to 12 November; 15 November to 19 November; 22 November to 26
November; 29 November; 1 December to 3 December; 6 December to 10 December;
13 December to 17 December; 20 December to 24 December; 29 December and
30 December 1999; 5 January to 7 January 2000;
(b) the autumn recess should begin on 11
October and end on 24 October and the Christmas recess should begin on
20 December 1999 and should end on 9 January 2000 and
(c) there will be no meeting of the Parliament
or of any committee on 30 November 1999. |
| Col 706 |
Decision Time
16:59
The Presiding Officer (Sir David Steel):
We now move to decision time. There are four questions to be put as
a result of today's business.
The question is, that motion S1M-60, in
the name of Susan Deacon, be agreed to. Are we all agreed?
Members: No.
The Presiding Officer: There will
be a division. Members should vote yes to agree with the motion, no to
disagree with the motion and abstain to record an abstention.
FOR
Aitken, Bill (Glasgow) (Con)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Barrie, Scott (Dunfermline West) (Lab)
Boyack, Sarah (Edinburgh Central) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Canavan, Dennis (Falkirk West)
Chisholm, Malcolm (Edinburgh North and
Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth)
(Lab)
Curran, Ms Margaret (Glasgow Baillieston)
(Lab)
Davidson, Mr David (North-East Scotland)
(Con)
Deacon, Susan (Edinburgh East and Musselburgh)
(Lab)
Dewar, Donald (Glasgow Anniesland) (Lab)
Douglas-Hamilton, Lord James (Lothians)
(Con)
Ferguson, Ms Patricia (Glasgow Maryhill)
(Lab)
Fergusson, Alex (South of Scotland) (Con)
Finnie, Ross (West of Scotland) (LD)
Galbraith, Mr Sam (Strathkelvin and Bearsden)
(Lab)
Gallie, Phil (South of Scotland) (Con)
Godman, Trish (West Renfrewshire) (Lab)
Goldie, Miss Annabel (West of Scotland)
(Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Harding, Mr Keith (Mid Scotland and Fife)
(Con)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian)
(Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Jackson, Dr Sylvia (Stirling) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and
Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun)
(Lab)
Jenkins, Ian (Tweeddale, Ettrick and Lauderdale)
(LD)
Johnston, Mr Nick (Mid Scotland and Fife)
(Con)
Johnstone, Alex (North-East Scotland)
(Con)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Mackay, Angus (Edinburgh South) (Lab)
MacLean, Kate (Dundee West) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
McAllion, Mr John (Dundee East) (Lab)
McAveety, Mr Frank (Glasgow Shettleston)
(Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McConnell, Mr Jack (Motherwell and Wishaw)
(Lab)
McGrigor, Mr Jamie (Highlands and Islands)
(Con)
McIntosh, Mrs Lyndsay (Central Scotland)
(Con) |
| Col 707 |
McLeish, Henry
(Central Fife) (Lab)
McLetchie, David (Lothians) (Con)
McMahon, Mr Michael (Hamilton North and
Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde)
(Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie)
(Lab)
Monteith, Mr Brian (Mid Scotland and Fife)
(Con)
Morrison, Mr Alasdair (Western Isles)
(Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Mundell, David (South of Scotland) (Con)
Murray, Dr Elaine (Dumfries) (Lab)
Oldfather, Ms Irene (Cunninghame South)
(Lab)
Peacock, Peter (Highlands and Islands)
(Lab)
Peattie, Cathy (Falkirk East) (Lab)
Radcliffe, Nora (Gordon) (LD)
Raffan, Mr Keith (Mid Scotland and Fife)
(LD)
Robson, Euan (Roxburgh and Berwickshire)
(LD)
Rumbles, Mr Mike (West Aberdeenshire and
Kincardine) (LD)
Scanlon, Mary (Highlands and Islands)
(Con)
Scott, Tavish (Shetland) (LD)
Simpson, Dr Richard (Ochil) (Lab)
Smith, Elaine (Coatbridge and Chryston)
(Lab)
Smith, Iain (North-East Fife) (LD)
Steel, Sir David (Lothians) (LD)
Stone, Mr Jamie (Caithness, Sutherland
and Easter Ross) (LD)
Thomson, Elaine (Aberdeen North) (Lab)
Tosh, Mr Murray (South of Scotland) (Con)
Wallace, Ben (North-East Scotland) (Con)
Wallace, Mr Jim (Orkney) (LD)
Whitefield, Karen (Airdrie and Shotts)
(Lab)
Wilson, Allan (Cunninghame North) (Lab)
AGAINST
Adam, Brian (North-East Scotland) (SNP)
Campbell, Colin (West of Scotland) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Elder, Dorothy-Grace (Glasgow) (SNP)
Ewing, Fergus (Inverness East, Nairn and
Lochaber) (SNP)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Gibson, Mr Kenneth (Glasgow) (SNP)
Hamilton, Mr Duncan (Highlands and Islands)
(SNP)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Lochhead, Richard (North-East Scotland)
(SNP)
MacAskill, Mr Kenny (Lothians) (SNP)
MacDonald, Ms Margo (Lothians) (SNP)
Marwick, Tricia (Mid Scotland and Fife)
(SNP)
Matheson, Michael (Central Scotland) (SNP)
McGugan, Irene (North-East Scotland) (SNP)
McLeod, Fiona (West of Scotland) (SNP)
Morgan, Alasdair (Galloway and Upper Nithsdale)
(SNP)
Neil, Alex (Central Scotland) (SNP)
Paterson, Mr Gil (Central Scotland) (SNP)
Quinan, Mr Lloyd (West of Scotland) (SNP)
Reid, Mr George (Mid Scotland and Fife)
(SNP)
Robison, Shona (North-East Scotland) (SNP)
Russell, Michael (South of Scotland) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinney, Mr John (North Tayside) (SNP)
Ullrich, Kay (West of Scotland) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
ABSTENTIONS
Harper, Robin (Lothians) (Green)
The Presiding Officer: The result
of the division |
| Col 708 |
is as follows:
For 81, Against 30, Abstentions 1.
Motion agreed to.
That the Parliament endorses the principle
of a UK Food Standards Agency as set out in the Food Standards Bill and
agrees that the Bill should be considered by the UK Parliament.
The Presiding Officer: The second
question is, that motion S1M-61, in the name of Angus Mackay, be agreed
to. Are we all agreed?
Members: No.
The Presiding Officer: There will
be a division. Members should vote now. [Interruption.] Sorry, members
should vote now.
The result of the division is as follows:
For 70, Against 25, Abstentions 1.
The third question is, that motion S1M-62,
in the name of Mr Tom McCabe, be agreed to.
Motion agreed to.
That the Parliament considers the Scotland
Act 1998 (Agency Arrangements) (Specification) Order 1999 (No. 1512).
The Presiding Officer: The fourth
question is, that motion S1M-63, in the name of Mr Tom McCabe, be agreed
to.
Motion agreed to.
That the Parliament agrees that-
(a) the Office of the Clerk should be open
on each of the following days:
5 July to 9 July; 12 July to 16 July; 19
July to 23 July; 26 July to 30 July; 2 August to 6 August; 9 August to
13 August; 16 August to 20 August; 23 August to 27 August; 30 August to
3 September; 6 September to 10 September; 13 September to 12.30 pm on 17
September; 21 September to 24 September; 27 September to 1 October; 4 October
to 8 October; 11 October to 15 October; 18 October to 22 October; 25 October
to 29 October; 1 November to 5 November; 8 November to 12 November; 15
November to 19 November; 22 November to 26 November; 29 November; 1 December
to 3 December; 6 December to 10 December; 13 December to 17 December; 20
December to 24 December; 29 December and 30 December 1999; 5 January to
7 January 2000;
(b) the autumn recess should begin on 11
October and end on 24 October and the Christmas recess should begin on
20 December 1999 and should end on 9 January 2000 and
(c) there will be no meeting of the Parliament
or of any committee on 30 November 1999.
Fiona Hyslop (Lothians) (SNP): I
wish to raise a point of order about the motion in the name of Angus Mackay.
There might have been some difficulty with the voting system. Would it
be possible to put the question again?
The Presiding Officer: The result
of the vote was: For 70, Against 25, Abstentions 1. I do not think that- |
| Col 709 |
Alasdair Morgan
(Galloway and Upper Nithsdale) (SNP): Further to Fiona Hyslop's point
of order, I know of at least two members who abstained during that division.
The Presiding Officer: I think I
can explain the problem, which was partly my fault as I moved very quickly
to the vote. If members press a button before the red light comes on-which
indicates that they should vote-their vote is not recorded.
There seems to be some doubt at the clerk's
table about that result, so I will take the vote again. I think that the
noes and the abstentions were transposed, and I am seeking advice. It is
possible that that is what happened.
For the avoidance of doubt, I will put
the question again, that motion S1M-61, in the name of Angus Mackay, be
agreed to. The voting will start now.
Ms Margaret Curran (Glasgow Baillieston)
(Lab): On a point of order. I am not clear about what is happening.
We cannot hear from here.
The Presiding Officer: I am sorry.
There was a little exchange on this side of the chamber. There is some
doubt about the result of the vote on motion S1M-61 in the name of Angus
Mackay, although I now understand that it was the correct result. However,
the result has been challenged and there is some doubt. We will take the
vote again.
The question is, that motion S1M-61, in
the name of Angus Mackay, be agreed to. Members should vote yes to agree
to the motion, no to disagree with the motion or abstain to record an abstention.
FOR
Aitken, Bill (Glasgow) (Con)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Barrie, Scott (Dunfermline West) (Lab)
Boyack, Sarah (Edinburgh Central) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Chisholm, Malcolm (Edinburgh North and
Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth)
(Lab)
Curran, Ms Margaret (Glasgow Baillieston)
(Lab)
Davidson, Mr David (North-East Scotland)
(Con)
Deacon, Susan (Edinburgh East and Musselburgh)
(Lab)
Dewar, Donald (Glasgow Anniesland) (Lab)
Douglas-Hamilton, Lord James (Lothians)
(Con)
Ferguson, Ms Patricia (Glasgow Maryhill)
(Lab)
Fergusson, Alex (South of Scotland) (Con)
Finnie, Ross (West of Scotland) (LD)
Galbraith, Mr Sam (Strathkelvin and Bearsden)
(Lab)
Gallie, Phil (South of Scotland) (Con)
Gillon, Karen (Clydesdale) (Lab)
Godman, Trish (West Renfrewshire) (Lab)
Goldie, Miss Annabel (West of Scotland)
(Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Harding, Mr Keith (Mid Scotland and Fife)
(Con)
Harper, Robin (Lothians) (Green)
Henry, Hugh (Paisley South) (Lab) |
| Col 710 |
Home Robertson,
Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Jackson, Dr Sylvia (Stirling) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and
Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun)
(Lab)
Jenkins, Ian (Tweeddale, Ettrick and Lauderdale)
(LD)
Johnston, Mr Nick (Mid Scotland and Fife)
(Con)
Johnstone, Alex (North-East Scotland)
(Con)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Mackay, Angus (Edinburgh South) (Lab)
MacLean, Kate (Dundee West) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
McAllion, Mr John (Dundee East) (Lab)
McAveety, Mr Frank (Glasgow Shettleston)
(Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McConnell, Mr Jack (Motherwell and Wishaw)
(Lab)
McGrigor, Mr Jamie (Highlands and Islands)
(Con)
McIntosh, Mrs Lyndsay (Central Scotland)
(Con)
McLeish, Henry (Central Fife) (Lab)
McLetchie, David (Lothians) (Con)
McMahon, Mr Michael (Hamilton North and
Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde)
(Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie)
(Lab)
Monteith, Mr Brian (Mid Scotland and Fife)
(Con)
Morrison, Mr Alasdair (Western Isles)
(Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Mundell, David (South of Scotland) (Con)
Murray, Dr Elaine (Dumfries) (Lab)
Oldfather, Ms Irene (Cunninghame South)
(Lab)
Peacock, Peter (Highlands and Islands)
(Lab)
Peattie, Cathy (Falkirk East) (Lab)
Radcliffe, Nora (Gordon) (LD)
Raffan, Mr Keith (Mid Scotland and Fife)
(LD)
Robson, Euan (Roxburgh and Berwickshire)
(LD)
Rumbles, Mr Mike (West Aberdeenshire and
Kincardine) (LD)
Scanlon, Mary (Highlands and Islands)
(Con)
Scott, Tavish (Shetland) (LD)
Simpson, Dr Richard (Ochil) (Lab)
Smith, Elaine (Coatbridge and Chryston)
(Lab)
Smith, Iain (North-East Fife) (LD)
Steel, Sir David (Lothians) (LD)
Stone, Mr Jamie (Caithness, Sutherland
and Easter Ross) (LD)
Thomson, Elaine (Aberdeen North) (Lab)
Tosh, Mr Murray (South of Scotland) (Con)
Wallace, Ben (North-East Scotland) (Con)
Wallace, Mr Jim (Orkney) (LD)
Whitefield, Karen (Airdrie and Shotts)
(Lab)
Wilson, Allan (Cunninghame North) (Lab)
ABSTENTIONS
Adam, Brian (North-East Scotland) (SNP)
Campbell, Colin (West of Scotland) (SNP)
Canavan, Dennis (Falkirk West)
Cunningham, Roseanna (Perth) (SNP)
Elder, Dorothy-Grace (Glasgow) (SNP)
Ewing, Fergus (Inverness East, Nairn and
Lochaber) (SNP)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Gibson, Mr Kenneth (Glasgow) (SNP)
Hamilton, Mr Duncan (Highlands and Islands)
(SNP)
Hyslop, Fiona (Lothians) (SNP) |
| Col 711 |
Ingram, Mr Adam
(South of Scotland) (SNP)
Lochhead, Richard (North-East Scotland)
(SNP)
MacAskill, Mr Kenny (Lothians) (SNP)
MacDonald, Ms Margo (Lothians) (SNP)
Marwick, Tricia (Mid Scotland and Fife)
(SNP)
Matheson, Michael (Central Scotland) (SNP)
McGugan, Irene (North-East Scotland) (SNP)
McLeod, Fiona (West of Scotland) (SNP)
Morgan, Alasdair (Galloway and Upper Nithsdale)
(SNP)
Neil, Alex (Central Scotland) (SNP)
Paterson, Mr Gil (Central Scotland) (SNP)
Quinan, Mr Lloyd (West of Scotland) (SNP)
Reid, Mr George (Mid Scotland and Fife)
(SNP)
Robison, Shona (North-East Scotland) (SNP)
Russell, Michael (South of Scotland) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinney, Mr John (North Tayside) (SNP)
Ullrich, Kay (West of Scotland) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
The Presiding Officer: The result
is very different: For 82, Against 0, Abstentions 31.
Motion agreed to.
That the Parliament agrees that the Financial
Services and Markets Bill, the Electronic Communications Bill and the Limited
Liability Partnerships Bill should be considered by the UK Parliament. |
| Col 712 |
Peripheral Route, Aberdeen
The Presiding Officer (Sir David Steel):
We now come to members' business. Will members who are leaving do so
quietly in the interests of the member who has lodged the motion? The debate
on motion S1M-47, in the name of Brian Adam, on the peripheral route around
Aberdeen will last for 30 minutes and members who wish to speak should
press their buttons now. I call Brian Adam to open the debate.
Motion debated,
That the Parliament calls upon the Scottish
Ministers to investigate all available means to expedite the building of
a peripheral route around Aberdeen.
17:06
Brian Adam (North-East Scotland) (SNP):
The local Aberdeen Evening Express kindly referred to me recently
as a real north of Scotland MSP. I certainly hope that the paper does not
consider some of my colleagues to be unreal MSPs, because I greatly value
the cross-party support for the motion.
Most unusually for a proposed roads development,
there is widespread support throughout the north-east for the principle
of the western peripheral route. The scheme involves economic, safety,
environmental and congestion considerations, which reflect national as
well as local perspectives. Representations have been made to me about
the impact of Government proposals on the review of the trunk road network
and on regional transport partnerships and about the key part that those
proposals will play in an integrated transport strategy for the north-east.
Other members will undoubtedly wish to
highlight particular concerns about the scheme, but I want to leave the
Minister for Transport and the Environment in no doubt about the depth
of feeling about and support for the western peripheral route.
According to the local newspaper, the proposal
first saw light of day 50 years ago. Since then, the outer ring road around
Aberdeen has become an inner ring road with substantial housing and other
developments to the west of Anderson Drive. The city of Aberdeen and its
hinterland have been the engine room of much more than just a regional
economy over the past 30 years but, for most of that time, the area has
been labouring under the handicap of an inadequate roads infrastructure.
There is now a significant undersupply of accessible land in the city for
business and commercial development.
Aberdeen City Council's document, "A Transportation
Strategy for Aberdeen", says: |
| Col 713 |
"Heavy vehicles
. . . use inappropriate roads through or around the City, causing social
and environmental problems within Aberdeen and penalising the City's economy."
The document goes on to say that all trunk
roads south of Aberdeen are of at least dual-carriageway standard and that
no traffic lights exist between Aberdeen and the channel tunnel. However,
Anderson Drive-which is hailed as Aberdeen's main trunk road and which,
in one of the Conservative Government's last acts, was given trunk road
status-has 17 sets of traffic lights. I have to confess that I bear some
responsibility-in my previous existence as a councillor-for three sets
of those lights.
The traffic lights are necessary for pedestrian
safety, but the Scottish Office document, "Sustainable Transport for Aberdeen",
states that road safety is still a major concern on the A90 at North Anderson
Drive and on some routes through the city. Furthermore, the same document
says that North Anderson Drive, North Deeside Road, Riverside Drive, Great
Northern Road and King Street have major problems with noise and that those
areas suffer greatly from carbon dioxide and nitrogen dioxide pollution.
The Aberdeen city plan estimates that congestion
in the city costs the local economy about £100 million a year. I
want to point out to the minister that the cost of the current scheme for
the western peripheral route has been estimated at only £85 million.
It will be no surprise to the minister
that, given the lack of an integrated transport system in Aberdeen, I am
not a supporter of the toll tax or even of road pricing. To be constructive,
I refer her to the Government's idea of a Scottish transport bond, as described
in "Pathfinders to the Parliament"-I believe that Andrew Wilson referred
one of her colleagues to it earlier. The transport bond proposal is not
that different from the SNP's Scottish public service trusts scheme, which
would be a suitable vehicle for piloting it.
The Aberdeen chamber of commerce and the
city's traders association have stated that
"a western peripheral route would be beneficial
in taking unnecessary traffic out of the city centre"
and would help to
"promote a new corridor of investment and
development"
around the city. That relates to the current
lack of suitable development land.
I have had representations from people
from a wide variety of public and private interests who support this motion.
Some 90 per cent of the 50 million tonnes of freight that is carried to,
from or within Grampian is transported by road. That is equivalent to 1.8
million 38-tonne-lorry journeys |
| Col 714 |
per annum. Many
of those lorries pass through Aberdeen despite the city being neither their
point of embarkation nor their destination. That applies to only 15 per
cent of the total number, but significantly affects the roads.
Fish lorries from Fraserburgh heading for
the continent have to pass through Aberdeen; cattle trucks from Thainstone
mart near Inverurie heading south have to pass through Aberdeen; travel
from Portlethen to Peterhead or from Mintlaw to Manchester involves trips
through the city. Why? Because Aberdeen is the only place of its size with
no bypass-there is no western peripheral route. Why has Aberdeen been denied
a decent bypass over many years when just about every other comparable
city in Europe has one? We have perhaps been a bit slow in pressing our
case, but that has not been so in recent times. The minister is undoubtedly
aware of the depth of feeling and I hope that this debate will reinforce
that.
After extensive public consultation, the
former Grampian Regional Council decided that the route should run from
the Charlestown interchange on the A90 south of Aberdeen to the A96 at
Craibstone and on to the A90 north of Parkhill.
Other members will put their points to
the minister, but my principal case is that the present infrastructure
is totally inadequate to serve the needs of a strategic national economic
resource-that is how the minister should approach the issue. The construction
of a western peripheral route round Aberdeen is not just a local solution
to a local problem, but a national solution to a national problem, requiring
a major financial input from the Scottish Government. I trust that the
minister will be able to give a positive response.
The Deputy Presiding Officer (Mr George
Reid): Nine members have indicated a wish to speak. Not all will be
called, but more will be called if interventions are kept brief.
17:13
Elaine Thomson (Aberdeen North) (Lab):
I thank Brian, my north-east colleague, for initiating this debate.
I am glad that we from the north-east have been able to come together on
the issue. Brian raised many relevant points about the western peripheral
route round Aberdeen.
The route has been long in the planning
and the need for it becomes more urgent daily. Aberdeen is Scotland's third
city and the oil capital of Europe. Oil-related economic activity in Aberdeen
has contributed billions of pounds to UK finances and will continue to
do so for some time. As Brian mentioned, there are the traditional industries
in the north-east: fishing, agriculture and, in my constituency of Aberdeen
North, paper making. |
| Col 715 |
Those industries
mostly move their goods by road and will continue to do so. The oil and
gas industry is in the middle of one of its cyclical downturns, but the
price of oil is rising and economic activity is likely to rise next year,
which will be accompanied by an increasing volume of traffic.
There are environmental problems. Increasing
air pollution in Aberdeen city centre affects the health of citizens and
the quality of life there is generally reduced because of the heavy volume
of traffic. Part of the solution is to encourage people to use buses, walk
and cycle or to be more selective about their journeys by car. The other
part of the solution is to move the heavy goods traffic out of the city
centre altogether, allowing people to go round the city, not through it.
The western periphery route has been on
the drawing board for a total of almost 50 years. It is included in the
1997 Grampian structure plan and in the Aberdeen city transportation strategy.
It is fully supported by Aberdeen City Council and the other partners in
the north-east economic development partnership, such as Grampian Enterprise
and Aberdeenshire Council.
The planned route goes round the city,
from the A90 in the south to the A90 in the north. It is a key part of
the local transport strategy for Aberdeen and its surrounds. Other parts
of the transport strategy-the bus lanes and the park-and-ride scheme-will
work best only with the western peripheral route; for example, the park-and-ride
schemes are designed to intersect with the western periphery route.
My constituents in the Bridge of Don and
all those living beside North Anderson Drive and Auchmill are daily suffering
the ill effects of living beside heavy traffic or the frustrations that
result from congestion when they are driving from one part of the city
to another. They live beside or have to travel on roads that are not suitable
for use as trunk roads, but which have a high volume of traffic thundering
down them every day because they are the only roads available.
The roads are not motorways and they are
not well separated from housing. Anderson Drive is a dual carriageway on
to which houses open and which children cross regularly. Brian mentioned
the 17 sets of traffic lights. Those are for the pedestrian crossings along
Anderson Drive and are completely inefficient on a trunk route, but necessary
because of the proximity of housing and people. That is not to mention
some pollution-sick roses down the middle of the carriageway beside Haughigan
roundabout. Members may wonder why I am talking about roses, but we Aberdonians
are proud of our city and the quality of life there, despite the fact that
that quality is increasingly suffering because of the heavy traffic and
other transport problems. |
| Col 716 |
Many of the city's
small country roads are currently used as a peripheral route, but they
are totally unsuitable for such use. That has an impact on all local residents.
The expansion of the oil and gas industry has led to considerable population
growth in Aberdeenshire. Whole new areas of housing have been built, such
as at the Bridge of Don, which now forms nearly half of Aberdeen North.
That has been accompanied by a huge expansion in economic activity. The
current transport infrastructure, particularly the roads, just cannot cope.
The Deputy Presiding Officer: Wind
up, please.
Elaine Thomson: I will.
Given the geography of Aberdeen and its
hinterland, transport by road will always be necessary, as there will always
be areas where public transport is not an easy option. I am delighted that
public transport will be given the support that it needs in the forthcoming
transport bill, but it must be considered together with roads. I believe
that roads, where necessary-and I would say that the western periphery
route is necessary-and the other measures in the bill will meet the transport
needs of Aberdeen in the next century.
17:18
Ben Wallace (North-East Scotland) (Con):
I live in Alford, not far from one of the proposed routes, and on many
occasions I drive through Aberdeen on what has now become a rat-run down
the Netherly route.
Road safety is one of the problems that
would be best solved by a peripheral route. Last year, there were 56 road
deaths in Grampian alone, which is a terrifying amount. The lack of a peripheral
route contributes towards those accidents.
The funding proposals over the past few
years have encouraged the wrong solution. I have been to a number of meetings,
including those of the Greenwedge in Netherly, at which people have expressed
concern about how the council has sought funding because central Government
will not provide it. Then planning gain comes into play; for example, Stewart
Milne Developments has offered a £12 million planning gain for building
a new town. Those things do not work for the benefit of Aberdeenshire and
slow up the whole process.
I am in favour of the peripheral route.
Central funding is needed to expedite the building of the road, as the
motion proposes, so that Aberdeenshire can have the services that it deserves.
I support the motion. |
| Col 717 |
17:19
Mr Mike Rumbles (West Aberdeenshire
and Kincardine) (LD): I support the motion. Many good points have been
raised, but I would like to add one other major issue. I see this as one
element of a larger issue: the process of establishing an integrated transport
system in and around Aberdeen. I do not want to add to the special pleading
for money from central Government-Brian has already mentioned that this
project could cost in the region of £80 million-but the issue of
an integrated rail transport system from Inverurie to Stonehaven is extremely
important and needs to be addressed at the same time as the western peripheral
route.
One of the criticisms that might be made
of the western peripheral route is that it could generate more traffic,
as is the case with many new bypasses and roads. I suggest that a bypass
around Aberdeen should have very few interchanges. We have heard the points
that have been made about through traffic, from north to south and from
south to north. If we restrict the number of interchanges, that will deal
with the criticism that the road would only increase traffic. That is an
important point.
I will keep my contribution short so that
other members can take part in the debate.
17:21
Irene McGugan (North-East Scotland)
(SNP): I, too, wish to support the creation of the western peripheral
route, which will contribute to and be important for the economic future
of Aberdeen. I echo the calls for the project to proceed with the full
financial support of the Scottish Executive and without delay.
However, I want to reflect some of the
concern that is felt by residents of communities to the west of Aberdeen,
who favour serious reconsideration of the proposed route. As recently as
1994, there were still around 15 options under review, and the current
route was confirmed by Grampian Regional Council only shortly before reorganisation
in 1996. This has never been a single-option project.
A strong argument against the proposed
route, which was expressed by respondents to a household survey that was
carried out in the area, is that the western peripheral route should go
round the city and not through it. Aberdeen has an eccentric shape and
extends out through Cults to Culter, and many people feel that the western
peripheral route should skirt the western margin of Culter.
The current option was selected in preference
to that because it was claimed that routes further out would do little
to relieve traffic congestion in the |
| Col 718 |
city. However,
Grampian Enterprise, in 1997, and the Scottish Office, in 1998, accepted
that the western peripheral route would not substantially alleviate commuter
car congestion, so it may be that that argument for the route's location
is no longer valid. As has been mentioned, the North Deeside Road, which
serves this area, is already heavily congested at peak hours, and the superimposition
of a north-south flow on the west-east flow at specific intersections will,
it is feared, result in even worse congestion.
As has been mentioned, Aberdeen chamber
of commerce and the city traders association have acknowledged that the
western peripheral route will help to promote a new corridor of investment
and development. Although it is accepted that land is needed for residential,
industrial and commercial development, residents feel that the western
peripheral route is putting the green belt at risk. The city should be
proud of the way in which, over the decades, green belt policy has achieved
what it set out to do, especially the aim of preserving areas of unspoilt
countryside as close to the city as possible and for the benefit of the
whole population of Aberdeen.
Among the natural assets that would be
badly affected are the Newton Dee and Camphill Rudolf Steiner schools.
People on those campuses would suffer greatly from the noise and disruption.
Moreover, to run a dual carriageway through land that includes one of the
longest-established organic farms in the north-east is not acceptable.
In the 1994 environmental impact assessment it was concluded that
"the deleterious effects of the Western
option on the Camphill Estates are severe and may be sufficient to make
that route unacceptable."
While fully endorsing what has been said
about the benefits to Aberdeen and Aberdeenshire of the western peripheral
route, I suggest that the location of the route may warrant some reconsideration.
The Deputy Presiding Officer: I
apologise to members who have not been called. The remedy is to keep interventions
brief. I call Sarah Boyack to wind up the debate.
17:25
The Minister for Transport and the Environment
(Sarah Boyack): I thank Brian Adam for raising this issue and thank
all members for the level and quality of the contributions that they have
made to the debate.
I hope to travel to Aberdeen on 6 July.
The comments made today will be useful when I visit the city and look at
its transport problems. As members have said, this proposal has been around
for a long time and has widespread |
| Col 719 |
implications, some
of which members have picked up on today. The proposal has potential benefits
for the economy and for congestion, by relieving traffic through the city,
but an 18 km road through a green belt location also has potential costs
and will potentially have an impact on local communities, as Irene McGugan
mentioned.
The route would cost a very large sum,
as Brian Adam correctly identified. Early estimates suggest that the cost
would be in the region of £85 million, which is far in excess of
the sums that would be possible for such schemes with conventional funding.
I will come back to that point later, because I think that it is a key
issue.
I want to address also the wider context
of this proposal, because it cannot be examined in isolation from the overall
transport strategy for Aberdeen and Aberdeenshire.
I am delighted to put on record the extent
to which Aberdeen City Council has promoted innovative and radical transport
strategies. We have already heard about the sustainable transport strategy
implemented in Aberdeen last year. It was funded in partnership, which
is extremely important, as it set the context for an overall transport
strategy.
Improvements are taking place. Key examples
are the park-and-ride site at Bridge of Don, the bus priority measures
along the A944 from the previous transport challenge fund, this year's
public transport fund approval for bus priority measures, park-and-ride
sites on other important corridors into the city, and other proposals being
developed by the council for bus priority measures in other parts of the
city.
Progress has also been made on rail issues.
Aberdeen City Council and Aberdeenshire Council have worked effectively
with ScotRail to develop rail services in and around the Aberdeen area.
There is also the possibility of a feasibility study into a half-hourly
service between Stonehaven, Aberdeen and Inverurie. Those are important
developments.
Key service improvements have been introduced
by ScotRail in the past two years. There are seven additional services
through Stonehaven and five additional services through Dyce.
Mr David Davidson (North-East Scotland)
(Con): Will the minister give way?
Sarah Boyack: No, thank you. My
speech is too long for the time available.
Two additional services from Edinburgh
now also stop in Inverurie. Improvements are coming into place. ScotRail
has also made proposals to redevelop the former Guild Street rail freight
depot. That is important, because it will provide |
| Col 720 |
the opportunity
for a major transport interchange, fully integrating rail, bus and coach
services, a taxi halt and a car park, all connected by covered walkways.
Things are happening in Aberdeen that are
important in the context of this debate. We look forward, through the local
transport strategy and the bids that will be submitted in the next round
of the public transport fund, to further ideas for developing the strategy
in Aberdeen.
Richard Lochhead (North-East Scotland)
(SNP): Will the minister use the opportunity of her visit to Aberdeen
to drive through the city and to encounter at first hand the difficulties
experienced by people living in the north-east of Scotland?
Sarah Boyack: It is my intention
to travel through the city and to see the different transport problems
that are being experienced.
As well as the local transport strategy,
there is a new joint structure plan for the area covered by the Aberdeen
and Aberdeenshire authorities. The combination of those two documents presents
the councils in the area with the opportunity for a full discussion with
the communities about the opportunities that are available.
We need fully developed transport and land
use strategies. All the speakers today have mentioned that. We need to
ensure that we have an integrated approach, which will require a lot of
effort from the councils.
I want to flag up two key issues that I
expect Aberdeen City Council and Aberdeenshire Council to address: the
importance of the western peripheral route relative to sustainable transport
measures in the city centre, such as walking, cycling, increased bus priority
and improved bus frequencies; and the extent to which bus priority and
other measures in the city centre are dependent on early progress of the
bypass. I understand that the Oscar Faber study drew at best a modest link
between the two.
The land use implications of the bypass
and the possible knock-on effect on transport demand also need to be addressed,
especially the effect of any future greenfield developments on car-based
demand, as speakers today have mentioned.
Finally, we need to consider how best to
integrate the proposed western peripheral route into a comprehensive transport
strategy for the city and its hinterland.
Mr Davidson: I deeply regret the
fact that the minister has not highlighted the problems of people who live
to the north and north-west of Aberdeen. Vital industry is at risk because
of a lack of transport infrastructure, and I am disappointed that the minister
has not addressed that. Before she sits down, I hope that the minister |
| Col 721 |
may be able to
comment on her plans to allow the north-east corner, even as far along
as the Moray coast, to integrate more with the south.
Sarah Boyack: The key point that
I am trying to get across concerns the relationship between Aberdeen and
Aberdeenshire, the city and its hinterland. We must have a transport strategy
that meets the objectives of those different areas.
Mrs Margaret Ewing (Moray) (SNP) rose-
Sarah Boyack: No, I will not give
way, because I want to get on to funding, which is a key issue that several
members have talked about. To avoid any doubt, I have to make it clear
that the western peripheral road is not under consideration in the trunk
roads review, nor has any Government made any commitment to incorporate
such a road into the trunk road network.
Members might ask why the Scottish Executive
cannot, nevertheless, trunk this route and fund its construction. That
question deserves a straight answer and I want to be as open as possible.
The severe pressures on the trunk road budget mean that trunking would
be an empty gesture-in the foreseeable future there is no realistic prospect
of funding the western peripheral road from the trunk road programme.
Many members have approached me over the
past few weeks about road schemes in their localities. There is nothing
wrong with their doing that: it is their job to represent the views of
their constituents and local businesses. However, if I were to accede to
every request, I could spend the trunk road budget several times over.
Even if persuaded of the case for doing so, the Government could not build
all those roads while meeting its priorities in education, health and housing.
Somebody has to be disappointed. I therefore urge those from the north-east
to consider alternative means of progressing this scheme, along the lines
that I am about to suggest.
Members will be aware that last week the
Government announced its intention to introduce a transport bill in the
next session. Among other things, the bill will permit local authorities
to introduce charges for the use of existing local roads in a designated
area, and will give them powers to levy workplace parking charges. We intend
to consult widely on those issues, and to publish details of our charging
proposals very shortly. I note Mr Adam's suggestions, and I encourage him
to make them again during the consultation process.
Any proposal by a local authority to introduce
charging would require the consent of the Scottish Executive. In considering
such a proposal, ministers will be mindful both of the extent to which
the authority has won the support of its local |
| Col 722 |
communities for
its integrated transport policy, and of the thoroughness with which the
authority has established plans for spending money on all modes of transport.
The new western peripheral road could be
promoted using existing powers in the New Roads and Street Works Act 1991
for tolling new roads. Those powers are being used by the promoters of
the Birmingham northern relief road, although that particular project has
attracted a fair degree of controversy on other grounds and may not be
the best of models. However, the 1991 act is worth considering.
Inevitably, it will take time for people
in Aberdeenshire and Aberdeen to develop and refine their thinking on strategy,
including plans for the western peripheral. That will have been time well
spent if the end result is a more integrated and sustainable set of proposals
that address the transport problems of the north-east in the round.
Officials met the councils last year and
stand ready to do so again. I intend to be fully involved in the development
of strategies and in the consultation on charging. I look forward to the
development of today's debate, and to informed and balanced debate about
how we might meet the needs of road users and public transport passengers
alike. However, members must be under no illusions: there is no piggy bank
sitting at Victoria Quay waiting to be raided. If the western peripheral
is to have a place at the heart of Aberdeen's integrated transport strategy,
it will require innovative funding sources and brave decisions by Aberdeen
and Aberdeenshire councils working in partnership with their local communities.
There is no ducking that hard reality. To say otherwise would be to raise
unrealistic hopes in the minds of members and their constituents.
Meeting closed at 17:34. |
|