Clearly, the fiscal settlement will be of crucial importance to the people in Scotland, to my constituents and to the constituents of the right hon. Gentleman. That is a function of negotiation that I would expect to see as the fiscal settlement is worked out. One principle that was discussed under the Smith negotiations was the principle of no detriment. We can already see that there are issues to be ironed out here, such as those of operational costs, and the potential knock-on effects and costs of Scottish Government decisions about benefit levels, entitlements and top-ups. For example, it could be that a decision of the Scottish Government creates a passporting through to an entitlement, the cost of which falls to the UK Government. It could be that the decision of the Scottish Government in relation to crediting people into national insurance contributions creates a consequence for the national insurance fund. That is complex to disentangle, and it will be really important for this Parliament to have a mechanism for ongoing scrutiny. I hope that the Minister, in responding to this debate, will say how he thinks that scrutiny will work.
There seems to be surprise that the wording of the Bill appears to have fettered some of the scope of the Scottish Government and the Scottish Parliament to
control the devolved welfare benefits. There is also surprise that only new welfare benefits can be created, and not benefits in relation to, for example, education or health. There are concerns that clause 19, which deals with disabilities, carers and industrial injuries benefits, may be worded too restrictively. It might not be possible to bring certain people into the ambit of the benefit, or people could have a question mark over their qualification for the benefit. For example, it might be that they live on one side of the border, but provide care for someone who lives on the other side of the border, and that needs to be sorted out.
There is concern over the provisions on topping up the reserved benefits and over whether there is an intention for the Scottish Parliament to take an across-the-board approach to topping up those reserved benefits, or whether it is merely a discretion to top up benefits for an individual in one individual case.
I think that we were surprised at the ambit of decisions on discretionary housing payments that will be delegated to Scotland in clause 22, which could potentially fetter the opportunity that colleagues in Scotland might wish to take completely to eliminate the harm done by the bedroom tax. There are also worries about clause 23 and the restriction of the application of short-term temporary assistance, which appears to leave out the possibility that families with children with an ongoing need for support could be excluded from the provisions of the existing legislation. These issues will need to be sorted out if the Scottish Parliament, the Scottish Government and the Scottish National party are to take advantage of the full fiscal autonomy that they have said is their medium-term ambition. We cannot wait for the medium term to resolve these issues; they must be resolved in Committee.
Important new provisions are introduced in clause 24 for the housing element of universal credit. Again, this could be a useful provision for the Scottish Government, as they would be able to reflect the characteristics of the Scottish housing and rental markets. For example—I hope that the Minister will tell me whether I am right to think this—they could vary their broad rental market agreement areas or the local housing allowance. However, there are again restrictions on the extent of the powers being devolved. They will not, as I read it, apply to those who receive housing benefit rather than the housing element of universal credit. They will not apply when people switch at pension age into receipt of pension credit. There is a gap in the legislation in ensuring that the devolution of housing benefit is sufficiently comprehensive to ensure that the Scottish Government will have the incentives and levers to use reductions in the housing benefit bill to enable them to build new homes.
I welcome the provisions on the devolution of employment programmes such as the Work programme and Work Choice. This is a sensible reflection of the different characteristics of different labour markets, although I remind SNP colleagues that the differences exist not just between England and Scotland but within Scotland. That is why Labour proposed in our election manifesto to devolve the Work programme and Work Choice to local authority or combined local authority level. I would expect to hear from Scottish parliamentarians and the SNP what their approach will be to that double devolution to reflect local labour markets.
I say to Ministers that I have read the provisions of clause 26 on “work for your benefits” on a number of occasions now and have absolutely no idea what they are getting at. I hope that there might be some clarity tonight.
Finally, there will be some significant operational questions, because the smooth delivery of benefits is as important to benefits recipients as the amounts and entitlements that the system offers them. Decisions taken in Scotland could of course affect operational workload elsewhere, such as in relation to decisions about mandatory reconsideration or changing the assessment process, which could have a significant effect on appeals workloads. I note that a fully functioning separate Scottish tribunal system will not be in place until 2023.
In conclusion, it is clear to me that we have a shared intention but a gap and a lack of specificity in providing for the intentions that we all understood to underpin Smith. They must be addressed before the Bill completes its parliamentary passage. We cannot leave issues of such grave constitutional importance in such uncertainty. It is clear that the scale of the constitutional change implied in the Bill is extensive, complex and impacts on the whole of the UK. That is why we will need to ensure that we have the mechanisms to keep its impact and effect under close and continuous scrutiny here in this House.
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