SNP MSP Dr Alasdair Allan has written to the Chairman of the Calman Commission, Sir Kenneth Calman, asking for his opinion on the UK government’s rejection of devolving the reserved powers the Commission identified as ones that could be devolved.

The Scottish Government has already put forward the Scottish Parliamentary Orders needed for the transfer to Holyrood of responsibilities specified by the Calman Commission.  For this to take place, similar Orders would also need to be laid at Westminster and approved there, with the process enacted in parallel by both governments and parliaments – as was done recently to bring in a time limit for prisoner slopping out claims in Scotland.  

However last week in a letter on behalf of the Prime Minister, the Secretary of State for Scotland rejected the devolution of these powers. The Scottish Secretary Jim Murphy wrote:

“We will not embark in an exercise of cherry-picking individual elements from the package.”

This position is directly at odds with the Chairman of the Commission who explicitly said that elements of the Commission’s conclusions could be devolved “quickly and easily”.

Interviewed on BBC Newsnight Scotland on 15th June 2009, Sir Kenneth Calman himself said of his report: “I think there are lots of bits, as I mentioned, which I think can be implemented quickly and easily without too much fuss, others will take a bit of time to think through”.

Commenting Dr Allan said:

“Sir Kenneth Calman was quite clear in his statement on the BBC – that the conclusions of the Commission’s report are divisible and do not have to implemented in one go.  That can only mean that those powers the Commission identified as being ones to devolve can be transferred ‘quickly and easily’ – and that has been demonstrated beyond doubt in the Parliamentary Orders published by the Scottish Government in relation to air weapons, drink-drive and speed limits, the running of Scottish Parliament elections, and the prescription of controlled substances.

“That is why I have taken the step of writing to Sir Kenneth – in effect, I am simply asking him to confirm that he agrees with himself, rather than Jim Murphy.

“There are clear precedents, with responsibilities having already been transferred during the first ten years of the Scottish Parliament, such as those over rail powers and the marine environment.

“However, it would appear that the UK government is not prepared to meet the spirit of the very Commission they set up, and I hope that at least the Chairman of the Commission will defend its integrity.

“I have written to Sir Kenneth asking for his views on the UK government’s position, and a reiteration of his own position.  Jim Murphy’s letter is definitely at odds with the position Sir Kenneth postulated on Newsnight, and it would be instructive to receive the opinion of the Commission’s chair on the UK government’s obstinacy.”

Notes

Dr Alasdair Allan’s letter is as follows:

Dear Sir Kenneth

No doubt you will be aware of the letter from the Secretary of State for Scotland, Jim Murphy, on behalf of the Prime Minister to the Scottish Government reggarding the devolution of powers to the Scottish Parliament which were identified by the Commission you chaired.

This letter was in response to the Scottish Government publishing the Scottish Parliamentary Orders needed for the transfer to Holyrood of those responsibilities specified by the Calman Commission, and sending these to the Prime Minister.

For this to take place, similar Orders would also need to be laid at Westminster and approved there, with the process enacted in parallel by both governments and parliaments – as was done recently to bring in a time limit for prisoner slopping out claims in Scotland.  

In his letter the Secretary of State for Scotland rejected the devolution of these powers. He wrote:

“We will not embark in an exercise of cherry-picking individual elements from the package.”

However, this position is directly at odds with the comments you made on BBC Newsnight Scotland on 15th June 2009 when you clearly indicated that the transfer of powers identified by the Commission were divisible.  To quote, you said:

“I think there are lots of bits, as I mentioned, which I think can be implemented quickly and easily without too much fuss, others will take a bit of time to think through”.

The UK government’s position is all the more extraordinary since there are clear precedents, with responsibilities having already been transferred during the first ten years of the Scottish Parliament, such as those over rail powers and the marine environment.

Considering your remarks on BBC Newsnight and the UK government’s comments, I would be very grateful if you could confirm your public position, and comment on the position the UK government has taken.

I look forward to hearing from you.

Yours sincerely

Dr Alasdair Allan MSP