Questions and answers

Question reference: S5W-27198

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Thursday, 30 January 2020
Current Status: Initiated by the Scottish Government. Answered by Derek Mackay on 31 January 2020

To ask the Scottish Government when it will confirm the next local government finance settlement, including what years it will cover, and any plans for council tax flexibility.

Details of the local government finance settlement for 2020-21 will be confirmed as part of the Scottish Budget on 6 February. In coming to my decision to announce the Scottish Budget before the outcome of the UK Budget is known I listened carefully to the representations COSLA made on behalf of local government of the damaging impact any further delay would have on the delivery of vital public services and also the practical challenges this would pose around the setting and collection of council tax.

COSLA have welcomed the move to bring forward the Scottish Budget and also confirmed that given the exceptional circumstances around timing and that the UK budget is for one year only they are not seeking multiyear indicative allocations at this time. COSLA have, however, requested as early confirmation as possible of any parameters that will apply to Council tax levels.

Set against the exceptional circumstances of the delayed Budget and restricted timetable we are faced with this year, and to help councils with their budget preparations, I can confirm that the local government settlement will include confirmation that local authorities will again have the flexibility to increase their council tax levels by up to 3 per cent in real terms (equivalent to 4.84 per cent cash) for 2020-21.

Question reference: S5O-04111

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Submitting member has a registered interest.
Date lodged: Wednesday, 29 January 2020
Current Status: Taken in the Chamber on 6 February 2020

To ask the Scottish Government how it promotes the Scottish music sector in Europe.

Question reference: S5O-04065

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 22 January 2020
Current Status: Taken in the Chamber on 29 January 2020

To ask the Scottish Government how it supports regeneration in communities in the Renfrewshire South constituency.

Question reference: S5O-04032

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 15 January 2020
Current Status: Taken in the Chamber on 22 January 2020

To ask the Scottish Government how it promotes Scottish-Irish relations.

Question reference: S5O-03986

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 08 January 2020
Current Status: Taken in the Chamber on 15 January 2020

To ask the Scottish Government how it supports forestry in the Renfrewshire South constituency.

Question reference: S5W-26748

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 18 December 2019
Current Status: Initiated by the Scottish Government. Answered by Graeme Dey on 19 December 2019

To ask the Scottish Government what legislative consent motions it will lodge in the Parliament in connection with the legislative programme of the UK Government to be announced in The Queen’s Speech on 19 December 2019.

In accordance with the Scotland Act 1998, as amended, the UK Parliament does not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. This covers legislation for devolved purposes (that is matters within the legislative competence of the Parliament), and changes to the competence of the Parliament or the Scottish Ministers (in line with the statutory procedural safeguards to competence under the Scotland Act).

In accordance with Chapter 9B of Standing Orders, the formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation with regard to devolved matters, including alterations to devolved competence.

The principle of legislative consent, in all its elements, is crucial to the devolution settlement, acknowledging the constitutional position of the Scottish Parliament and the democratic mandate conferred on it by the people of Scotland. In the view of the Scottish Government, legislative consent will remain an essential part of the constitution of the UK for as long as the Westminster Parliament retains its current powers and functions in relation to Scotland.

In the normal course of business, legislation for devolved purposes should be scrutinised and determined in the Scottish Parliament. There may however be situations in which it is helpful and appropriate for legislation for devolved purposes to be taken forward at Westminster.

Within the legislative programme announced today by the UK Government, we have identified possible options to legislate for the benefit of Scotland on matters that are within the legislative competence of the Scottish Parliament, or which alter legislative or executive competence. The Scottish Government will consider the content of all Bills before deciding its recommendation to the Parliament on legislative consent. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

One particular consideration when determining if consent should be recommended to the Parliament will be in relation to provisions related to withdrawal from the European Union, for which there is no mandate in Scotland.

We expect the UK Government and Parliament to respect the Sewel convention and decisions taken by this Parliament. While we regret the UK Government’s decision to withdraw Scotland, and the UK, from the EU, we remain committed to working with the UK Government to develop and improve legislation related to EU withdrawal, and to ensure that such legislation respects the devolution settlement.

We will consider each UK Bill containing EU exit-related provision on its own merits, and while assurances on respecting the Sewel convention are still awaited from the UK Government, we will continue to consider whether exceptional circumstances exist when taking a view on recommending consent, as we have previously done.

However, regardless of any decision Scottish Ministers make regarding whether or not to support consent, it remains important that the Scottish Parliament can scrutinise any Brexit-related provision. The Scottish Government will continue to lodge legislative consent memorandums setting out its views on the substance of any such provision. It remains open to the UK Government to commit to respecting the Scottish Parliament’s views as regards EU exit-related provision.

The UK Government Bills which appear to give rise to the requirement for the legislative consent of the Scottish Parliament are:

Agriculture Bill
Air Traffic Management and Unmanned Aircraft Bill
Birmingham Commonwealth Games Bill
Broadband legislation
Building Safety Bill
Counter Terrorism (Sentencing and Release) Bill
Domestic Abuse Bill
Environment Bill
European Union (Withdrawal Agreement) Bill
Fisheries Bill
Immigration and Social Co-ordination (EU Withdrawal) Bill
Private International Law (Implementation of Agreements) Bill
Sentencing (Pre-consolidation Amendments) Bill
Trade Bill

It is possible that further opportunities to legislate for Scotland by means of Legislative Consent Motion may occur in connection with other UK Bills, including Private Members’ Bills. Any additional proposals of this kind, together with any relevant amendments to the UK Government Bills listed above, will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.

Question reference: S5W-26749

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 18 December 2019
Current Status: Initiated by the Scottish Government. Answered by Michael Russell on 19 December 2019

To ask the Scottish Government when it will publish a detailed democratic case for a transfer of power from the UK Parliament to the Scottish Parliament to allow for an independence referendum.

Question reference: S5O-03936

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 11 December 2019
Current Status: Taken in the Chamber on 19 December 2019

To ask the Scottish Government how it supports communities in tackling inequality.

Question reference: S5F-03741

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Monday, 18 November 2019
Current Status: Taken in the Chamber on 21 November 2019

To ask the First Minister how the Scottish Government is recognising this year’s Carers Rights Day.

Question reference: S5O-03747

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 06 November 2019
Current Status: Taken in the Chamber on 13 November 2019

To ask the Scottish Government how the new Fireworks Review Group, announced as part of the Fireworks Action Plan, will ensure that the interests of veterans are represented.

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