FEARS have been raised that the Scottish Parliament will not get a say on the main "missions" of the UK Government’s Levelling Up and Regeneration Bill.
Research by the Scottish Parliament Information Centre (SPICe) has highlighted concerns that if the bill is passed, these missions will only be set out in a statement to the UK Parliament - meaning they will not receive any scrutiny from MSPs.
Although a framework for them is set out in the White Paper, Part 1 of the Bill – which would compel UK Government ministers to publish a statement on its aims – does not contain any more specific information.
The research states there is nothing to stop the UK Government from introducing new or amended missions with no scrutiny whatsoever.
It means even where these aims may relate to devolved areas, the Scottish Parliament will not get a chance to share its views, calling into question the UK Government’s adherence to the Sewel Convention – which means the UK Parliament would not normally legislate in devolved areas without the consent of Holyrood.
Researcher Sean Taheny says in his SPICe blog what the missions will contain remains “uncertain”.
He said: “The Levelling-up and Regeneration Bill appears to continue this trend toward a stronger UK Government presence in devolved areas.
“If the bill is passed, the content of the missions would be detailed via a statement to the UK Parliament. While it is expected that such a statement would reflect the framework set out in the White Paper, there is nothing in the Bill that would preclude new or amended missions being introduced by the UK Government.
“There will be no role for the Scottish Parliament to scrutinise the contents of the missions, even where they relate to devolved areas.
“The White Paper only provides insight into how the UK Government plans to deliver on the missions in England. Furthermore, the missions are formulated very broadly in the White Paper. While some bear an obvious relation to areas of devolved competence (such as health, education and housing), others are conceptualised even more broadly (like ‘Pride in Place’ and ‘Living Standards’) and are likely to cover areas of both reserved and devolved competence.
“As such, what the missions will cover and how they will seek to achieve their aims remains uncertain, particularly insofar as they relate to devolved matters.”
The bill – which aims to "level up" the UK and reverse geographical disparities between different areas and regions - was introduced to the House of Commons in May and has been through two readings and its committee stage.
The Scottish Greens said it was “no surprise” the UK Government wanted to "avoid scrutiny and bypass devolution".
Green MSP Gillian Mackay said: "When the Tories talk about 'levelling-up' what they really mean is more money for their wealthy friends and donors and cuts and austerity for everyone else.
"The super-rich have got richer while ordinary people and communities have been hit by the worst cost crisis for a generation.
"It is no surprise that they want to avoid scrutiny and bypass devolution. Time and again the people of Scotland have rejected this cruel and incompetent government and if there is an election in the months ahead then I am confident that we will again.”
The White Paper lays out 12 broad “levelling-up missions” under four “focus areas of boosting productivity, pay, jobs and living standards by growing the private sector, spreading opportunities and public services, restoring a sense of community and empowering local leaders and communities.
The Scottish Government lodged a Legislative Consent Memorandum related to the Bill in July stating that it had no engagement with the UK Government on the Levelling Up White Paper and the 12 "missions" it set out, nor on Part 1 of the Bill or the requirement for legislative consent.
The UK Government believes that “since these duties apply to inequalities across the UK as a whole this does not relate to the legislative competence of the Northern Ireland Assembly, the Scottish Parliament or Senedd Cymru”.
