Draft devolution plans do not meet “spirit or substance” of Smith Agreement

The UK Government’s draft legislation on further devolution fail to meet either the “spirit or substance” of the Smith Agreement, according to the Holyrood’s Devolution (Further Powers) Committee.  

The committee has released a report, which saw unanimous agreement among its cross-party members, warning that draft clauses in the new Scotland Bill fall short on Smith’s recommendations on welfare and benefits, leading members to call for the legislation to be redrafted.

Committee convener Bruce Crawford said: “The Committee believes that the current proposals do not yet meet the challenge of fully translating the political agreement reached in the Smith Commission into legislation. For example, as we heard in our evidence taking, there is no power for the Scottish Parliament to top up reserved benefits despite that being one of the powers highlighted at the time of publication.

“The Committee also seeks reassurance that any new benefits or top-up benefits introduced in Scotland would result in additional income for a recipient.

“The Committee is disappointed that the currently proposed legislation sells Smith short.”

The report warns there are “significant issues to be resolved” on issues like defining tax payer residency, how tax will be collected and by which body, and how powers will be introduced in relation to those brought by the 2012 Scotland Act.

It also raises concerns over the devolution of the Crown Estate, serious concerns that “competition and confusion that may arise from the creation of ‘two Crown Estates’”.

John Swinney responded to say the SNP would continue to push for the devolution of further job creating and revenue raising powers.

He said: “I welcome this all party report which endorses our long held view that the draft clauses published by the UK Government before the election simply fail to reflect the Smith Commission recommendations.

“I share the Committee’s concern that in a number of key areas, particularly in relation to welfare, the draft clauses do not meet the spirit or substance of Smith. I expect the UK Government to take the unanimous views of the Devolution Committee very seriously and amend the Scotland Bill before it is introduced.”

Tavish Scott MSP, a member of the committee, and one of the Lib Dem representatives to the Smith Commission, said: “The Smith Agreement transfers real powers to Holyrood from Westminster. I want the whole of Smith to be implemented. Not in part but all the recommendations. We need to build a stronger Scottish Parliament.

“The Smith Agreement does that and now a cross party committee supports that approach. Now is the time for the UK Government to live up to its rhetoric and deliver on the Smith Agreement.”