11/11/2015 Politics Scotland


11/11/2015

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Good afternoon and welcome to Politics Scotland.

:00:18.:00:19.

Another rise in unemployment in Scotland, as the number of jobless

:00:20.:00:24.

Summing up has begun in the legal bid to oust the Orkney and

:00:25.:00:30.

And with Westminster in recess, the Prime Minister joins

:00:31.:00:35.

an international summit on the migration crisis.

:00:36.:00:41.

The controversy over welfare reforms continues.

:00:42.:00:44.

The Scottish Secretary, David Mundell, has brushed aside

:00:45.:00:46.

warnings that any welfare benefits topped up in Scotland might be

:00:47.:00:50.

And the latest unemployment figures released today show the number

:00:51.:00:55.

of people out of work in Scotland has gone up, despite falling

:00:56.:00:58.

We'll also head to the chamber where there's a debate

:00:59.:01:03.

on the Succession Bill, which looks to reform inheritance law.

:01:04.:01:06.

Before then, let's talk to my guest for the afternoon, political

:01:07.:01:09.

Let's talk about this bottle and rows over welfare. There is a

:01:10.:01:27.

different dynamic here. What is your take on that? I would like to say

:01:28.:01:33.

the process story of the Scotland Bill has come to an end, the story

:01:34.:01:37.

of how it is going through the various chambers but we have not got

:01:38.:01:43.

there. It has to get through the Lords and then the Scottish

:01:44.:01:47.

Parliament, neither of which is a foregone conclusion, but we are

:01:48.:01:52.

getting towards the end of this process and then we can stop talking

:01:53.:01:57.

about the process of the bill and move on to the different stage,

:01:58.:02:01.

which is how it will come into effect, what the parties will do and

:02:02.:02:06.

how they would use it. And although there has in theory be in power to

:02:07.:02:13.

raise income tax here since 1999, it has never been used by any parties,

:02:14.:02:18.

but this time they will have to make decisions, even if it is to stay the

:02:19.:02:23.

same. It is a 2-part process, yes we have had that power of tax since

:02:24.:02:30.

then and next year we get limited income tax powers but there is

:02:31.:02:33.

general acceptance that the powers that comment next year, not by the

:02:34.:02:40.

Scotland will process, or a blunt tool, so the real income tax powers

:02:41.:02:45.

we will get when this bill comes into force a year later, it means

:02:46.:02:49.

parties will have to go into this election in May with manifestos

:02:50.:02:53.

sitting at what they will do with these tax powers and the next

:02:54.:02:59.

powers, so we should get some proper break down on what the parties will

:03:00.:03:03.

do with the money. Labour are taking a risk saying to better people

:03:04.:03:10.

Scotland, you will not get the tax breaks George Osborne will give you,

:03:11.:03:15.

the SNP have to decide whether to say that. One might say Labour have

:03:16.:03:20.

not much chance of winning the election so could say what they

:03:21.:03:24.

like, but they are giving the impression they will raise taxes. I

:03:25.:03:29.

think Conservatives will say they will lower taxes so the question is

:03:30.:03:34.

what the SNP will do. We will be back with you shortly.

:03:35.:03:36.

To the chamber at Holyrood now, where MSPs are being asked to

:03:37.:03:38.

support the principles of the government's Succession Bill.

:03:39.:03:40.

It aims to update the laws governing wills and inheritance.

:03:41.:03:43.

The convenor of the Delegated Powers and Law Reform Committee, which has

:03:44.:03:46.

been considering the bill, will give his view, but first let's listen in

:03:47.:03:49.

to the Minister for Community Safety and Legal Affairs, Paul Wheelhouse.

:03:50.:03:56.

It will operate with the law as it stands, and continued to be relevant

:03:57.:04:05.

should the law be changed. We also undertake to consider at the

:04:06.:04:10.

relevant time the need to consolidate this bill with any

:04:11.:04:15.

subsequent belt. The committee recommended that the Parliament

:04:16.:04:21.

agrees to the principles of the bill and I move that Parliament agrees to

:04:22.:04:26.

the general principles. Ike now call on Nigel Don to speak on behalf of

:04:27.:04:31.

the delegate powers and law reform committee. I welcome the opportunity

:04:32.:04:38.

to speak on behalf of the committee on the succession belt. This is a

:04:39.:04:43.

Scotland Law Commission Bill, the second such to be considered either

:04:44.:04:50.

committee following the bill in 2013 which provided that law reform bills

:04:51.:04:57.

may be referred to this committee. Before talking about the specifics,

:04:58.:05:02.

I want to reflect on the role of the Scottish Law Commission. It

:05:03.:05:07.

recommends reforms aimed at up eating and improving Scottish law.

:05:08.:05:13.

Until recently the take-up of Scottish Law Commission inspired

:05:14.:05:16.

bills has been low. This process allows those bills to be given

:05:17.:05:22.

recommendations and for reforms to be implement it. We must do what we

:05:23.:05:27.

can to make sure Scots law is up to date and accessible. The standard

:05:28.:05:33.

procedure is committee is reviewing the process and I hope the outcome

:05:34.:05:37.

is one that builds on the process we have made in improving the

:05:38.:05:42.

implementation of Scottish Law Commission reports. Turning to the

:05:43.:05:48.

bill itself, I would like to thank those who gave evidence to the

:05:49.:05:52.

committee. In addition to submissions received, we heard from

:05:53.:05:57.

legal and academic representatives. The bill covers complex matters and

:05:58.:06:04.

the evidence received was greatly appreciated by the committee. The

:06:05.:06:10.

bill covers a desperate selection of measures relating to succession law.

:06:11.:06:15.

It originates from eight 2009 report of the Scottish Law Commission which

:06:16.:06:20.

it self built on the recommendations of laws of 1990 which had not been

:06:21.:06:26.

implemented, and that makes the point. There has been a long-held

:06:27.:06:32.

recognition of the need for reform in this area. This reflected the

:06:33.:06:40.

fact the bill contributes to this process and the committee

:06:41.:06:45.

acknowledges the need for reforming. This bill is, however, as already

:06:46.:06:52.

mentioned, only part of the reform of succession law. The 2009 report

:06:53.:06:59.

contains proposals which would make more wide reaching reforms to the

:07:00.:07:03.

door of succession. The Government is consulting on those proposals.

:07:04.:07:11.

The committee misers the matter requires further consideration and

:07:12.:07:16.

also that those matters may not be appropriate for this bill. It

:07:17.:07:22.

further appreciates the necessity of a further bill on recession.

:07:23.:07:27.

Nevertheless having to bills in succession may present challenges

:07:28.:07:34.

and maybe confusing for users of the legislation, so the committee

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discussed whether there should be valued in consolidating legislation

:07:38.:07:42.

after the second bill and there was support for that. In considering

:07:43.:07:48.

consolidation, the committee welcomes this commitment as this

:07:49.:07:53.

will improve accessibility of the law for the public, something

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Parliament should always strive to do. This is a complex area of law

:07:57.:08:04.

but one which impacts on the public. The committee welcomes the

:08:05.:08:11.

Government's recognition on this and updated guidance on what to do after

:08:12.:08:17.

death. It would be helped pull to have guidance on what people need to

:08:18.:08:22.

do before death and encourages the Government to reflect on the

:08:23.:08:26.

benefits of guidance, as we should all be aware of the desirability of

:08:27.:08:31.

a properly unction in Bell. The build covers various measures in

:08:32.:08:38.

relation to succession and I have no intention of covering most of them.

:08:39.:08:40.

Unemployment in Scotland has gone up again.

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Between July and September, the number of jobless rose

:08:42.:08:43.

In the UK as a whole, the number of people out

:08:44.:08:48.

Our reporter Jackie O'Brien has been to the Cromarty Firth,

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where rig repair and fabrication jobs have been hit by

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All will work Robert McNichol is one of thousands laid off over the past

:08:55.:09:09.

few months. At the age of 25 the father of two from Easter Ross is

:09:10.:09:13.

having to improve his welding skills to make himself more employable.

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When I started off it was quite easy, now it is difficult, I have

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had to come in and upscale and get SVQs to help me stay in the

:09:27.:09:31.

industry. It is able to step up the ladder but hopefully I can get back

:09:32.:09:36.

into the industry and climb back up the ladder. The jobless total across

:09:37.:09:42.

the UK fell by more than 100 thousand but it is up in Scotland

:09:43.:09:47.

for the second period in a row. The number of rigs in the Cromarty Firth

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is indicative of the downturn in work and inactivity of sure, and

:09:54.:09:57.

those dependent on maintenance and servicing contracts warned there is

:09:58.:10:05.

no quick fix on the horizon. We have been suffering, but we hope there is

:10:06.:10:11.

light at the end of the tunnel. It will take a long time to reach

:10:12.:10:16.

cover, maybe not next year or the following year, but I have no doubt

:10:17.:10:22.

the figures today are reflected in the industry right now. The Scottish

:10:23.:10:27.

Government points out youth employment is up, an area where it

:10:28.:10:32.

says Scotland continues to outperform the UK.

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I'm joined now from Holyrood by the SNP's Christina McKelvie.

:10:34.:10:38.

And from the Conservatives, Murdo Fraser.

:10:39.:10:43.

Margot Fraser, I'm sure you can list figures which show Scotland is not

:10:44.:10:50.

doing terribly well at compared to the rest of the UK but is there any

:10:51.:10:56.

reason to worry this is down to more than the obvious fact of what has

:10:57.:11:00.

happened to the oil and gas industry? For years we have listened

:11:01.:11:07.

to people from the SNP government went on unemployment figures in

:11:08.:11:11.

Scotland were at the end the UK, trying to claim credit for that, so

:11:12.:11:15.

now the figures have gone the other way is for several months we need

:11:16.:11:19.

you here from the Government what their explanation is. These figures

:11:20.:11:24.

are not the only economic indicator that have gone poorly relative to

:11:25.:11:31.

the rest of the UK. We have seen GDP growth trailing the UK, against the

:11:32.:11:38.

historic trend. Oil and gas is an important sector for Scotland, we

:11:39.:11:43.

have seen 65,000 job losses and that is important, but low energy costs

:11:44.:11:49.

are a good thing for the economy, for business and industrial users,

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and for the consumer because they put more money in consumers'

:11:55.:11:59.

pockets, Seward you would expect that decline to be balanced in the

:12:00.:12:02.

rest of the economy, so the fact that is not being shown would cause

:12:03.:12:08.

concerns in relation to why Scotland uniquely in the UK is not doing so

:12:09.:12:18.

well. Kristina McKelvie, there was a period of time when unemployment

:12:19.:12:22.

figures were better in Scotland than they were a downside, every time

:12:23.:12:25.

that happened the Government would claim credit for it, so what is your

:12:26.:12:32.

explanation now? There are challenges in the job market now but

:12:33.:12:37.

we have an increase of 3000 people in work the highest levels of e-mail

:12:38.:12:42.

unemployment, 34,000 additional young people, the highest number in

:12:43.:12:49.

work since 2008, but we're not denying there are challenges. Murdo

:12:50.:12:54.

cannot write off the fact the oil and gas industry does not have a

:12:55.:12:58.

proportional impact on job figures in Scotland, it has had, but he

:12:59.:13:05.

should look closer to home, he is a wind farm denier and some renewable

:13:06.:13:10.

energy companies have lost jobs in the past few weeks so he cannot take

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all these things in silos, you have to take responsibility for all that

:13:18.:13:22.

but the Chancellor's austerity agenda and not investing in capital

:13:23.:13:26.

projects has had an impact on job figures. Not in the rest of the UK.

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The UK is growing faster than any other OECD country at the moment,

:13:35.:13:40.

during the whole recession Britain's performance in jobs has

:13:41.:13:44.

been better than most other European countries, so what do you mean when

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you say it is the fault of George Osborne? Murdo cannot walk away from

:13:49.:13:55.

the fact the impact on Scotland is disproportionate on the oil and gas

:13:56.:14:00.

industry. The attack on renewable energy is causing job losses. We

:14:01.:14:05.

will not walk away either from trying to injure we keep people in

:14:06.:14:10.

work, that is why the Government is investing in capital projects. Drew

:14:11.:14:16.

Smith, are these comparisons not artificial anyway, comparing

:14:17.:14:22.

Scotland with the rest of the UK? If you look at Scotland compared to

:14:23.:14:26.

other areas, it is much of a muchness, unemployment here is a bit

:14:27.:14:31.

wetter than the North of England but in the south of England, employment

:14:32.:14:43.

is a bit better there, and the comparisons are not very meaningful,

:14:44.:14:47.

are they? It is true to say Scotland is a hugely integrated part of the

:14:48.:14:53.

whole UK economy, so trends we see in the rest of the UK are unlikely

:14:54.:14:58.

to be reflected in Scotland but Murdo makes a fair point to say

:14:59.:15:02.

where we have seen upwards trend in Scotland the Government have been

:15:03.:15:07.

quick to claim credit for that, so they are clear that they can make a

:15:08.:15:13.

difference they say so when things go well. That is an ad hominem point

:15:14.:15:20.

by the SNP press office but does not tell us anything meaningful. We need

:15:21.:15:28.

to see strategic long-term look out where you can make a real

:15:29.:15:33.

difference, identify sectors, oil and gas is not the only important

:15:34.:15:37.

one, in the past we have talked up the potential of renewable energies

:15:38.:15:42.

that that has not translated to the level of jobs. One thing we know is

:15:43.:15:48.

that construction jobs have been better here than over the UK as a

:15:49.:15:54.

whole. If there was one area of the economy the Government has influence

:15:55.:15:58.

on it is construction, and it seems to be big infrastructure projects

:15:59.:16:04.

that have boosted construction jobs here and are mitigating the effects.

:16:05.:16:09.

Where there is good news in the construction industry, no one will

:16:10.:16:15.

deny that, capital investment is hugely important for the economy but

:16:16.:16:19.

one thing we have seen in the figures is what is happening with

:16:20.:16:24.

women's employment and there are actions the Government can take

:16:25.:16:28.

their in terms of support for childcare, training, the impact of

:16:29.:16:35.

job losses in the public sector, these are important to different

:16:36.:16:42.

sections of the Labour market. Murdo Fraser, when you look at Scotland

:16:43.:16:46.

compared to other areas of the UK, it is just about average by every

:16:47.:16:53.

measure you care to look at. The UK as a whole is doing better, I accept

:16:54.:16:59.

that if you break down parts of the UK we are doing better than some and

:17:00.:17:04.

worse than others, but going against the trend of the last six or seven

:17:05.:17:09.

years, unemployment in Scotland has been low work than the UK but in the

:17:10.:17:14.

past six months we have seen a reversal, so Scotland is falling

:17:15.:17:18.

past six months we have seen a behind on unemployment and GDP

:17:19.:17:19.

growth behind on unemployment and GDP

:17:20.:17:23.

actions of the Scottish Government are important here. I don't think

:17:24.:17:29.

talk of a second independence referendum helps confidence and we

:17:30.:17:34.

have had a lot of that, as we see more tax powers devolved to the

:17:35.:17:38.

Scottish Parliament, how we use those powers will be very important

:17:39.:17:41.

in terms of encouraging a business friendly environment. I want to ask

:17:42.:17:49.

you about tax credits. Ruth Davidson said she was against what George

:17:50.:17:53.

Osborne was planning to do. Did you agree? Ruth was saying it was not

:17:54.:18:00.

the principal of changes to tax credits she was concerned about but

:18:01.:18:05.

that timescale whereby the increases in income we delivered would not be

:18:06.:18:11.

matched by reductions in tax credit because these came in from April. I

:18:12.:18:16.

am with Ruth Davidson on that, it is a fair point. Should George Osborne

:18:17.:18:22.

mitigate the effects of tax credit cuts in full in his Autumn

:18:23.:18:29.

Statement? We are looking for to seeing what measures can be brought

:18:30.:18:34.

for just. That is not the same as saying he should mitigate these

:18:35.:18:40.

measures in full. We have to bear in mind affordability, we are still

:18:41.:18:46.

dealing with a pickled financial situation and if the Government

:18:47.:18:51.

feels the UK is not going far enough, in terms of the Scotland

:18:52.:18:56.

will which has just completed its passage in the House of Commons,

:18:57.:19:00.

they will get the ability to top up tax credits if they feel the

:19:01.:19:09.

Government has not gone far enough. Christina McKelvie, did you feel

:19:10.:19:13.

John Swinney should mitigate the effects? He should do what he can to

:19:14.:19:21.

make sure people are not hammered I'd be affected on them. That is

:19:22.:19:27.

different from saying he should mitigate the effects in full. We are

:19:28.:19:39.

not clear whether mitigating any affect of the tax credit cuts will

:19:40.:19:41.

be possible. We took evidence in the welfare reform committee yesterday

:19:42.:19:45.

that suggested any top up we gave could be clawed back. Drew Smith,

:19:46.:19:51.

you presumably want them mitigate it in full but as you have not

:19:52.:19:56.

identified any money to be paid for it can you tell us how you will pay

:19:57.:20:02.

four? We want to see them mitigate it and Alex Neil was clear on behalf

:20:03.:20:09.

of the Government that that would be possible with changes the Scotland

:20:10.:20:14.

Bill will bring in, so politicians there will be able to choose to

:20:15.:20:18.

mitigate those cuts to tax credits and make sure families are not

:20:19.:20:23.

hammered. Some of that will inform -- will involve choices, for example

:20:24.:20:31.

around the SNP DCs and. You have not found money to pay for it. We would

:20:32.:20:40.

not go ahead with that huge tax cut. That doesn't give you any money

:20:41.:20:47.

either. These things would give money if the tax changes went ahead,

:20:48.:20:51.

you would see politicians like ourselves a less in tax as a result

:20:52.:20:56.

of that and we would rather see that money spent on the offending people

:20:57.:21:02.

in the face of these cuts to tax credits. We will have to leave it

:21:03.:21:05.

there. Back now to the chamber,

:21:06.:21:06.

where MSPs are considering the government's new Succession

:21:07.:21:08.

Bill, which aims to update the laws The Conservatives' John

:21:09.:21:11.

Scott is responding now. New pieces of legislation at a later

:21:12.:21:23.

stage, which is welcome. This is a sensible piece of legislation,

:21:24.:21:27.

although limited in scope inspirations will have a significant

:21:28.:21:32.

impact on people's affected by this area of law and its focus should not

:21:33.:21:39.

limit its importance. Scottish Conservatives will therefore support

:21:40.:21:44.

the bill at stage one. I now turn to the short open debate. I call

:21:45.:21:50.

Stewart Stevenson, to be followed by Richard Baker. An interesting bill,

:21:51.:21:57.

which we have been dealing with and I want to address the director of

:21:58.:22:04.

provisions at sector three and four. In particular taking note of what

:22:05.:22:10.

the minister said as reported in section 73 of the report, that we

:22:11.:22:18.

are only looking at what the testator has wanted and has clearly

:22:19.:22:25.

expressed when it is not reflected in the bill as grounds for

:22:26.:22:29.

ratification. We will continue to reflect on whether software could be

:22:30.:22:37.

considered as a third party, contributing to misrepresentation in

:22:38.:22:42.

the resulting bill of the intentions of the testator. There is a point in

:22:43.:22:48.

their that we have to consider, which is different from using

:22:49.:22:53.

electronic means to take a template and fill in the blanks with one's

:22:54.:22:59.

intentions because there one is keen from the intention of the testator

:23:00.:23:03.

through the keyboard into the document without any intermediate

:23:04.:23:09.

computer for a programmer for programme operation, but thinking

:23:10.:23:14.

about it further, there is a third party when there is a computer

:23:15.:23:19.

programme involved. There is the programmer who produced it, and like

:23:20.:23:26.

all programmes it is impossible to guarantee a programme, however

:23:27.:23:29.

simple it may be, to be free from potential air, and it may well be

:23:30.:23:35.

that even though the testator keyed, let's say, I wish to leave all my

:23:36.:23:41.

assets to my spouse, that is all they say, it is still possible for a

:23:42.:23:48.

computer programme to scramble that and misspell spouse, for the sake of

:23:49.:23:50.

argument. Now, the House of Commons is

:23:51.:23:51.

in recess just now, but our Westminster Correspondent David

:23:52.:23:54.

Porter remains doggedly on duty. Although not indoors, David, they

:23:55.:24:06.

have thrown you out again. They gave us one week when they made us think

:24:07.:24:09.

we would have a nice dry time and next week they throw us out to the

:24:10.:24:15.

elements, the elements are quite kind and let's hope that continues.

:24:16.:24:21.

David Cameron is at a European summit, a serious issue but is there

:24:22.:24:27.

a political dimension to this? Yes, from his point of view and the other

:24:28.:24:33.

59 leaders on the EU and the African states. This is a meeting in Malta

:24:34.:24:38.

to look at the ongoing migration crisis, something like 800 thousand

:24:39.:24:44.

people who have moved from Africa I see to the Mediterranean and Europe

:24:45.:24:50.

since January this year, and it is a good indication of the way this

:24:51.:24:56.

story is moving and changing, when the meeting was first mooted in

:24:57.:25:02.

April, the problem was with migrants coming over from countries like

:25:03.:25:06.

Somalia and Eritrea, but since then the focus has been on the increasing

:25:07.:25:11.

number of people from Iraq and Syria and that type of area, and what both

:25:12.:25:17.

the African nations and European Union will be trying to do is find

:25:18.:25:23.

some way of trying to keep evil in their home countries if they can and

:25:24.:25:29.

then if they do come to Europe, trying to persuade them to go back

:25:30.:25:33.

to the areas where they can feel safe. The EU says it is willing to

:25:34.:25:41.

give something like ?1.3 billion, also expecting members of the EU to

:25:42.:25:46.

give funds to try to take people back to the areas where they can

:25:47.:25:50.

feel safe on the African continent, but it is a good example of when

:25:51.:25:55.

this meeting was set up they were dealing with one problem but that

:25:56.:26:02.

has now expanded and I think no one would in anyway want to minimise

:26:03.:26:06.

this year misery that people have suffered because of what is going on

:26:07.:26:11.

in Syria and Iraq. They are trying to find a way through this problem

:26:12.:26:16.

but that will not be easy by any stretch of the imagination. David

:26:17.:26:24.

Cameron has laid out his demands, I am interested in your sense of how

:26:25.:26:30.

that is going down there. Yesterday he came out with 14 issues, the big

:26:31.:26:37.

one for him was paying benefits for migrants who come from within the EU

:26:38.:26:43.

and how he wanted that restricted, although he said there may be room

:26:44.:26:47.

for compromise. What was noticeable was that when a statement was made

:26:48.:26:52.

in the House of Commons, by his Europe Minister, David Livingstone,

:26:53.:27:00.

who is in Edinburgh today, quite how many Conservative back benches were

:27:01.:27:05.

not impressed with what was put forth. One of them said, is that

:27:06.:27:12.

it? Another called it a pig in a poke. The your scab 61 Tim to be far

:27:13.:27:17.

more ambitious in his negotiations with the EU. They want him to

:27:18.:27:24.

pitchfork are more and David Lidington got quite a rough ride in

:27:25.:27:28.

the Commons. It even Cameron looks at newspapers this morning he will

:27:29.:27:33.

not find them supporting him at all in that. What he now has to do is

:27:34.:27:39.

make sure in these negotiations begin in earnest with other members

:27:40.:27:45.

of the EU, and the wider European Council next month, that he kept

:27:46.:27:50.

something he can bring back and sell to the House of Commons, that he can

:27:51.:27:55.

either say yes, this is a good deal and I would like us to stay in the

:27:56.:28:02.

EU, for if that doesn't go, if they can say to his backbenchers, it is

:28:03.:28:06.

Pelosi deal, we ought to recommend coming out of the EU, it is that

:28:07.:28:12.

they in political terms. David Cameron knows this Parliament and in

:28:13.:28:18.

his second term as Prime Minister will be Carter right by the deal he

:28:19.:28:25.

gets on Europe. David, we look forward to speaking to you next

:28:26.:28:26.

week. We were talking about the problems

:28:27.:28:35.

with tax decisions but that talk with MSPs might illustrate the

:28:36.:28:40.

problem, we did not get clear answers about whether the tax cuts

:28:41.:28:49.

should be mitigated in full. The SNP want to have them mitigate it in

:28:50.:28:55.

full, Labour can say they want it but they can't because they have no

:28:56.:28:56.

chance of being elected, to be fair but they can't because they have no

:28:57.:29:02.

to John Swinney he has every right to say he cannot give an answer

:29:03.:29:06.

until he knows what the Chancellor will

:29:07.:29:09.

until he knows what the Chancellor his decision John Swinney sensei he

:29:10.:29:13.

until he knows what the Chancellor now knows how much money he has and

:29:14.:29:19.

what to do with it, so he can do that but he is also looking for

:29:20.:29:22.

excuses to dodge this for another few weeks. Because there was still

:29:23.:29:29.

the argument, I thought it had been accepted they could do this if they

:29:30.:29:34.

wanted. It has been accepted they could do this. But Christina

:29:35.:29:42.

McKelvie seem to say it could be clawed back in some way. The

:29:43.:29:48.

consensus is the Scottish Government can mitigate the effect that it

:29:49.:29:58.

would be difficult and all those discussions have to go on

:29:59.:30:00.

behind-the-scenes but there is acceptance that there will be an

:30:01.:30:04.

ability for them to mitigate it. Europe, David Cameron has laid out

:30:05.:30:08.

his demands, a Sunday Times poll came out with what the

:30:09.:30:16.

recommendations might be. There is confusion about whether there is a

:30:17.:30:21.

split in attitudes between Scotland and the UK when it comes to the UK,

:30:22.:30:26.

and according to this poll Scotland were 65% in favour of staying,

:30:27.:30:35.

whereas Europe were 52% in favour of staying, so there is a big gap they

:30:36.:30:39.

have Nicola Sturgeon has highlighted on many occasions saying Scotland

:30:40.:30:47.

was friendly per as Europe was Eurosceptic, which in the view of

:30:48.:30:51.

Nicola Sturgeon would trigger another referendum. Even if the

:30:52.:30:57.

polls have not changed, which was the latest criterion. The European

:30:58.:31:04.

dimension is important if there is a clear split in opinion between

:31:05.:31:09.

Scotland and England. As we always hey, it is just one poll.

:31:10.:31:12.

Summing up has begun in the legal bid

:31:13.:31:14.

to oust the Orkney and Shetland MP Alistair Carmichael.

:31:15.:31:16.

Four of his constituents claim he broke election law

:31:17.:31:19.

because he lied about his involvement in a leaked memo

:31:20.:31:21.

during the general election campaign.

:31:22.:31:22.

Our Scotland Correspondent, Kevin Keane,

:31:23.:31:23.

has been following developments and joins me now from the newsroom.

:31:24.:31:32.

Today, as you said, has been a chance for the lawyers for the two

:31:33.:31:40.

sides to state their case and talk about the legal aspect of this and

:31:41.:31:46.

the law, and to some B for them. The big box office days were yesterday

:31:47.:31:49.

and the day before. Those were the days when Alistair Carmichael

:31:50.:31:54.

himself gave evidence. That did not happen with cameras present which is

:31:55.:31:59.

what has happened before and after, but this is not expected to give

:32:00.:32:05.

evidence on camera. We heard him say he regretted enormously being

:32:06.:32:07.

involved in the leaking of this memo. He was adamant yesterday that

:32:08.:32:13.

he still believes that the suggestion in the memo that Nicola

:32:14.:32:19.

Sturgeon wanted David Cameron to be returned as Prime Minister in the

:32:20.:32:22.

general election is still what he believes that she thinks. He

:32:23.:32:28.

believes that the First Minister and Nationalists still, insight, believe

:32:29.:32:32.

that that is good for the cause of nationalism. It set out by saying

:32:33.:32:39.

that they can set Scotland apart from Westminster, and that widens

:32:40.:32:43.

the gap and allows them to kind of flourish. We heard more details over

:32:44.:32:48.

the course of the last two days in terms of his actions after the

:32:49.:32:52.

leaking of that memo, the fact that he lied to Channel 4 News and to the

:32:53.:32:56.

Daily Record about his involvement. He has admitted that he lied. We

:32:57.:33:01.

also heard that he was less than truthful to the Cabinet Office

:33:02.:33:07.

inquiry. He was given a questionnaire along with 20 other

:33:08.:33:09.

people to fill in, he didn't answer all the questions and he was quite

:33:10.:33:15.

evasive buy it. Lots of the Dell coming out. -- lots of detail.

:33:16.:33:24.

Briefly, tell what happens next. The judges will sum up and provide a

:33:25.:33:29.

determination, as to whether or not he breached the terms of their

:33:30.:33:33.

Representation of the People Act. If he did then he will at that point

:33:34.:33:38.

loses seat. It is a formality to go through where it has to be passed on

:33:39.:33:43.

to the House of Commons, but essentially if it is determined that

:33:44.:33:47.

he broke that Act, the terms of it, then he will lose his seat.

:33:48.:33:50.

SNP, Labour and Liberal Democrat MSPs condemned the UK Government's

:33:51.:33:53.

Trade Union Bill in a vote at Holyrood yesterday, saying it

:33:54.:33:55.

restricts workers' rights to bargain collectively and take strike action.

:33:56.:33:58.

The Conservatives argue it's necessary to ensure

:33:59.:34:00.

strikes only take place when there's a substantial

:34:01.:34:02.

The Scottish Government and Scottish Labour are now seeking

:34:03.:34:07.

a vote to exclude Scotland from the Bill entirely

:34:08.:34:09.

and have taken legal advice on the issue.

:34:10.:34:12.

The Fair Work Secretary, Roseanna Cunningham,

:34:13.:34:14.

argued the Scottish Parliament needs a veto.

:34:15.:34:19.

Presiding Officer, I am disappointed if not surprised to note that at no

:34:20.:34:26.

point ahead of publishing the bill did the UK Government seek our views

:34:27.:34:31.

on how these measures will apply to Scotland. This legislation, unless

:34:32.:34:35.

amended, will undoubtedly have an impact on how many of our public

:34:36.:34:39.

sector bodies operate in areas of devolved responsibility. The UK

:34:40.:34:44.

Government have made no attempt to understand the Scottish position,

:34:45.:34:47.

and no attempt to address the concerns we have raised. That stance

:34:48.:34:51.

was very evident on Tuesday 13th October when I together with Graham

:34:52.:34:56.

Smith from the S TUC gave evidence to the House of Commons standing

:34:57.:35:00.

committee on the bill, an interesting experience with a

:35:01.:35:04.

different speech, it has to be said. Tory members on a committee made it

:35:05.:35:07.

crystal clear that they have not the slightest interest on the potential

:35:08.:35:11.

impact of this bill. They intend to legislate regardless of any

:35:12.:35:15.

consequences. This is just not acceptable. It does not reflect a

:35:16.:35:20.

mature devolution settlement and it is one of the reasons why I have

:35:21.:35:24.

asked that Scotland be excluded from the legislation altogether. At the

:35:25.:35:29.

very least, given the significant impact it will have, I believe the

:35:30.:35:32.

UK Government had to seek the approval of this Parliament before

:35:33.:35:36.

enforcing this legislation in Scotland. If the Act goes as it is

:35:37.:35:42.

just now then it will destabilise the balance of the employer-employee

:35:43.:35:47.

relationship, making it more difficult for employees to have

:35:48.:35:49.

their voice heard, it will encourage conflict with unions and make

:35:50.:35:53.

employees feel further removed from their working environment. Trade

:35:54.:35:59.

unionism is a part of me and who I am. That is true for pretty well all

:36:00.:36:04.

of my colleagues on these ventures and some on the other ventures, too.

:36:05.:36:10.

It is true of the mining communities I serve, and the party I represent,

:36:11.:36:15.

founded by a trade unionist, Keir Hardie, so that the values and

:36:16.:36:19.

purposes of trade unionism would find political expression in

:36:20.:36:23.

Parliament. The inference that the trade union movement is somehow one

:36:24.:36:26.

of mindless militancy is just absurd. Industrial action already

:36:27.:36:31.

requires the support of members in the ballots and the attempt on the

:36:32.:36:36.

bill to impose thresholds on those ballots, which no one elected

:36:37.:36:40.

politician would countenance when it came to their own election... These

:36:41.:36:50.

are an anti-democratic outrage. Moving a ban on agency workers

:36:51.:36:56.

replacing strikers is an attempt to take industrial relations not back

:36:57.:37:01.

the last century but the one before. Restrictions on facility time

:37:02.:37:04.

compromising the right of representatives to have time off for

:37:05.:37:07.

trade union work, that is a naked attempt to undermine the day-to-day

:37:08.:37:10.

work of union Retford resenting their members. Let me deal briefly

:37:11.:37:16.

with these elements of the Trade Union Bill to put them on the

:37:17.:37:19.

record. The Conservative manifesto commitment was that strike should

:37:20.:37:22.

only be the result of a clear, positive position based on a ballot

:37:23.:37:25.

in which half of the workforce had voted. The turnout threshold is an

:37:26.:37:31.

important and fair step to rebalance the interest of employers,

:37:32.:37:34.

employees, the public and the rights of trade unions. In relation to

:37:35.:37:39.

essential public services such as health, education, fire and

:37:40.:37:42.

Transport, industrial action in these services would require the

:37:43.:37:46.

support of at least 40% of all those entitled to take part in strike

:37:47.:37:49.

ballots as well as a majority of those actually turning out to vote.

:37:50.:37:54.

There are numerous examples we have had in the past of strikes in

:37:55.:37:58.

essential services that have gone ahead on a pro-level of support from

:37:59.:38:03.

members. Unison ballot members on NHS England including nurses,

:38:04.:38:07.

paramedics and cooks on September 2014 for strike action. Just sitting

:38:08.:38:12.

% of those voted and 11% of all union members voted in favour. The

:38:13.:38:18.

Trade Union Bill is not the operation of effective and

:38:19.:38:23.

democratic trade unions, but a means to neuter them from properly

:38:24.:38:28.

representing their members. This bill is purely party political. It

:38:29.:38:33.

does not help address industrial disputes and simply seeks to

:38:34.:38:36.

undermine the Labour Party. We believe that responsible trade

:38:37.:38:42.

unions are vital in standing up for the rights of workers, improving

:38:43.:38:46.

productivity and protecting against workplace abuse and bullying.

:38:47.:38:49.

Our Political Editor Brian Taylor is at Holyrood.

:38:50.:38:53.

I am intrigued by this idea that some of the parties are consulting

:38:54.:39:01.

their lawyers about this. I'm sure that we're all delighted because we

:39:02.:39:05.

see lawyers making more money, but what is it that they are proposing

:39:06.:39:12.

to do? If this was simply a debate, and you heard the Passion of the

:39:13.:39:15.

specials there, you heard the impassioned arguments on the various

:39:16.:39:19.

sides, if that was all that was taking place then it would just be a

:39:20.:39:23.

contribution to the wider discussion about trade union power with the

:39:24.:39:27.

decision being taken about Westminster, but two things are

:39:28.:39:30.

being suggested. Roseanna Cunningham, the Minister, requested

:39:31.:39:36.

and pleaded that Scotland be excluded from the bill altogether,

:39:37.:39:40.

from the provisions of the bill. That has not been accepted. Her

:39:41.:39:43.

fallback position is to say that there should be a consent motion, a

:39:44.:39:54.

Sewell motion on whether the Scotland part of the bill should go

:39:55.:39:59.

ahead. It is felt that devolved powers are being entrenched upon and

:40:00.:40:03.

Scotland is entitled to have a say. I am certain the UK Government will

:40:04.:40:08.

object to that argument and say that this is a reserved matter and they

:40:09.:40:11.

are entitled to legislate on this for the whole of the UK. In which

:40:12.:40:17.

case it may end up being a constitutional legal battle and that

:40:18.:40:20.

ends up going to the Supreme Court, hence the early consultation of

:40:21.:40:25.

lawyers. The court battle, it would be just the Scottish Government but

:40:26.:40:30.

Scottish Labour and the Scottish Lib Dems saying that the Scottish

:40:31.:40:33.

Parliament has a legal right to be consulted on this and has not been,

:40:34.:40:39.

and therefore, they asked the court to ensure that the British

:40:40.:40:43.

Government consults about it. If it goes to the Supreme Court to fulfil

:40:44.:40:47.

the function that used to be done by the committee of the Privy Council

:40:48.:40:52.

ruling on devolution matters, on the ambit of power, the argument will

:40:53.:40:57.

not be whether or not the bill is a good thing or not, it will be where

:40:58.:41:01.

the power lies. Does the power lies solely with Westminster on this, as

:41:02.:41:07.

the UK Government will undoubtedly argue, or is it shared, as Roseanna

:41:08.:41:11.

Cunningham argued, saying that it infringed upon the Scottish

:41:12.:41:17.

Government's relationship with its employees? That is what they will be

:41:18.:41:22.

asked to rule upon, if it is hybrid across the two parliaments there

:41:23.:41:25.

could be a case for a consent motion which would undoubtedly be thwarted

:41:26.:41:33.

given the political mood here at Hollywood but the UK Government will

:41:34.:41:36.

say that they are vital to govern on this for the whole of the UK. Tax

:41:37.:41:40.

credits, do we have an political Armistice on this until George

:41:41.:41:47.

Osborne makes his Autumn Statement? John Swinney wants to match the sum

:41:48.:41:52.

extent the Labour front tax credits although he argues that it is

:41:53.:41:56.

impractical and unworkable on its present form. At the same time, that

:41:57.:42:00.

is a forward offer, he has to consider operating within a fixed

:42:01.:42:04.

budget and more generally he does not want to abandon any notion of

:42:05.:42:08.

fiscal prudence, with an eye on Middle Scotland.

:42:09.:42:12.

Police Scotland have been told to postpone further moves towards

:42:13.:42:14.

a national call-handling system, because of weaknesses in the way

:42:15.:42:16.

An Inspector of Constabulary review was ordered

:42:17.:42:20.

after police took three days to respond to a report of a crash

:42:21.:42:23.

The main opposition at Holyrood, described the report

:42:24.:42:26.

The Justice Secretary, Michael Matheson, said he'd arranged

:42:27.:42:31.

for inspectors to make unannounced visits to call-handling centres,

:42:32.:42:34.

with immediate effect, in a bid to deliver some

:42:35.:42:36.

The report contains 30 recommendations. Police Scotland

:42:37.:42:47.

have a steward me that they will implement them all. The report

:42:48.:42:52.

confirms that significant progress has already been made. It gives a

:42:53.:42:59.

clear direction to Police Scotland were further improvements are

:43:00.:43:03.

needed. It includes in governance and programme management, staff

:43:04.:43:09.

communication and training, technology and equality assurance.

:43:10.:43:15.

The report contains a series of criticisms programme management and

:43:16.:43:18.

governance in place around the restructuring programme. While

:43:19.:43:23.

performance has now stabilised, it is essential that these issues are

:43:24.:43:26.

addressed before the remaining phases of the change programme are

:43:27.:43:30.

progressed. I have discussed this with Andrew Flannigan, Chair of the

:43:31.:43:36.

SPA and Police Scotland. They have confirmed independent experts will

:43:37.:43:39.

be brought in to provide strong assurance therefore any decision is

:43:40.:43:46.

taken regarding the implementation of proposed changes to Aberdeen,

:43:47.:43:52.

Dundee and Inverness centres. The SPA have continued to monitor, since

:43:53.:43:58.

April, to monitor performance on a weekly basis. Any debt in

:43:59.:44:01.

performance such as was experienced in Bilston Glen Elliott this year

:44:02.:44:04.

will become quickly apparent and will trigger rapid intervention. --

:44:05.:44:13.

earlier this year. Reports around quality of customer service, call

:44:14.:44:17.

handling and grading, I want to make sure that standards are maintained

:44:18.:44:22.

in these areas and improvements being implemented by police Scotland

:44:23.:44:26.

deliver that required improvements. I therefore asked HMICS to make

:44:27.:44:35.

unannounced visits to call centres across the country. This will begin

:44:36.:44:38.

with immediate effect and will be ongoing until the restructuring is

:44:39.:44:45.

complete. This government will continue to work tirelessly to

:44:46.:44:50.

strengthen policing in Scotland even further. The language of

:44:51.:44:59.

management-speak and acronyms, the HMIC report is damning. Two years

:45:00.:45:04.

since Police Scotland was formed we still see systemic failures in

:45:05.:45:11.

important aspects of policing. The report boasts savings of 1.8 billion

:45:12.:45:16.

on policing whilst forcing it to spend an additional 1.4 million on

:45:17.:45:19.

overtime. This is a massive failure in strategic management. The report

:45:20.:45:26.

uses the word assurance on 304 occasions but we have had so many

:45:27.:45:30.

assurances on policing that have come to nothing. The litany of

:45:31.:45:35.

failures listed are extraordinary. IP systems offering only basic

:45:36.:45:37.

functionality with questionable stability. A lack of resources for

:45:38.:45:42.

front-line staff. Weak local management. Inadequate oversight of

:45:43.:45:48.

call centre rationalisation. A narrower approach to the scrutiny of

:45:49.:45:53.

major projects by SPA and Police Scotland. No framework to measure

:45:54.:45:58.

stated benefits. Key staff on that project board lacking experience and

:45:59.:46:03.

training. A lack of staff. And those who are their reporting low morale.

:46:04.:46:08.

31% of officers and civilian staff responded to the HMIC survey and

:46:09.:46:13.

spoke negatively about the 101 service. And we need so many

:46:14.:46:20.

improvements. Giving we have heard all of these assurances uttered by

:46:21.:46:25.

the Cabinet Secretary, before, and restated today, what possible

:46:26.:46:28.

confidence can the general public have that the call handling in

:46:29.:46:33.

Scotland is fit for purpose to ensure that history is not

:46:34.:46:37.

repeated? We now need to make sure that in areas where am we have

:46:38.:46:40.

identified deficiencies in the management of this change, that

:46:41.:46:45.

these are then taken forward. Bringing into question the quality

:46:46.:46:48.

of inspection undertaken by the Inspectorate, I don't think does

:46:49.:46:50.

anybody a service in here. Time for some final thoughts from

:46:51.:46:53.

Hamish MacDonnell. This police business. A few

:46:54.:47:01.

unannounced visits to call centres. It will not make the controversy go

:47:02.:47:07.

away. It was hard to avoid the impression of stable doors being

:47:08.:47:12.

bolted when the horse has disappeared over the horizon. These

:47:13.:47:15.

are problems that have been going on for some time. Unannounced visits,

:47:16.:47:22.

they will not make the controversy over Police Scotland go away. At the

:47:23.:47:25.

root of the problem for the call handling system is the same as the

:47:26.:47:29.

root of all this problems with Police Scotland, it comes down to

:47:30.:47:34.

the creation of Police Scotland and the breaking up of the eight

:47:35.:47:36.

regional forces that had been there for some time. With call handling,

:47:37.:47:43.

there were 11 call centres moving to three. It is that change which has

:47:44.:47:50.

caused problems. Any time that governments and IT systems come into

:47:51.:47:53.

connection, remember the NHS system in England, it just seems like a

:47:54.:47:57.

recipe for disaster. You have restructuring, IT systems and

:47:58.:48:02.

cost-cutting, it was a recipe for disaster from the word go. This

:48:03.:48:08.

argument over trade unions. It is interesting this idea that there

:48:09.:48:12.

might be a legal challenge with Labour on the same side as the SNP

:48:13.:48:16.

and Lib Dems. Politically, it is a smart move. I'm surprised that we

:48:17.:48:22.

have not had this before. When you start to break up that Westminster

:48:23.:48:25.

power, there has not been a real controversy over were that power

:48:26.:48:29.

lies, and now we have got the first one. It is smart, because of this

:48:30.:48:33.

goes against the Scottish Government and goes all the way to the Supreme

:48:34.:48:35.

Court and judges rule that and goes all the way to the Supreme

:48:36.:48:39.

Westminster has the power, the Scottish Government can turn round

:48:40.:48:42.

and say, they are just riding roughshod over our rights. The

:48:43.:48:46.

powers of the division did not go far enough, regardless of anything

:48:47.:48:50.

that is coming in. That may be the long-term aim. Are they asking for

:48:51.:48:58.

the right to be consulted? I know they would like Scotland to be

:48:59.:49:01.

excluded completely but are they asking for the right to be able to

:49:02.:49:06.

do anything differently? They asking for the right to be consulted and to

:49:07.:49:10.

have a legislative consent motion that would allow them to see, this

:49:11.:49:17.

does not apply in Scotland. They want Scotland to be taken away from

:49:18.:49:22.

the powers of the bill, so you have what is effectively a Brit reserved

:49:23.:49:26.

matter, something the Westminster government thinks should apply to

:49:27.:49:29.

the whole of the UK, and the Scottish Government wants to get

:49:30.:49:30.

itself out of it. We'll be back next Wednesday

:49:31.:49:32.

at 3 o'clock.

:49:33.:49:36.

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