11th September 2001

This week sees the second anniversary of the suicide attack on the World Trade Centre in New York, and commemorative services will be held throughout the Western world.

We send our condolences to the American people and to the relatives and friends of all those who died or were injured in the atrocity. As we are seeing in Israel and Iraq, there is no short term answer to the suicide bomber. Justice and peace will only come by alleviating the suffering and poverty in the world.

ALL IN THE TIMING

This week the Flag is being completed earlier than usual, hence we may not be quite as up to date as usual (blowhard!). This is because our genial Webmaster, Alastair McIntyre is leaving his home and will be computerless for a day or so.

Any way, a good opinion poll for the SNP and for leader John Swinney in the run-up to Conference; as expected, one Tory MSP had a jibe at John over the leadership contest. When we consider the Tory leadership in recent years the words "glasshouses" and "stones" spring to mind.

REFUGEES UNLIMITED

The problem has become high profile because children are being held at the centre, and in the case of one family, with 4 children, they were held there for more than a year; last month this appeal was made, as we reported in Issue No 166 of 8th August 2003:

"We wish to make an appeal that this family should be allowed to stay in the United Kingdom. We have no wish to enter into the legal arguments of the Ay family’s application for asylum. Our concern is one of human rights and reparation for what we feel has been a grave injustice committed against them, particularly the four children."

The appeal was signed by Rev John Cairns, former Moderator of the General Assembly of the Church of Scotland, the Rt Rev Joseph Devine, Roman Catholic Bishop of Motherwell, Rt Rev Idris Jones, Episcopal Bishop of Glasgow, Rt Rev John Mone, Roman Catholic Bishop of Paisley and chairman of the Catholic Justice and Peace Commission, M Ashraf Anjun, president Islamic Centre, Glasgow, Dr Frank Murphy, former psychological services manager, South Lanarkshire District Council and Bill Speirs, general secretary STUC.

The "response" to this appeal concluded:

"Scottish ministers are clear that responsibility for considering applications for asylum is not devolved and lies with the Home Office. As such it would be inappropriate for the Scottish Executive to comment."

Bishop John Mone wrote again to the First Minister asking him to defend or denounce Dungavel, also commenting that his previous letter had received no more than an acknowledgement; so far this has also been ignored. The Ay family consisting of the mother and 4 children have been deported to Germany, where the relevant agencies are horrified at the treatment the family received in Scotland. In the opening session of the Scottish Parliament, SNP leader, John Swinney, asked the First Minister what he was going to do about Dungavel; in his response, Mr McConnell said that this was a Home Office responsibility, and that if the Home Office came up here and said that we should close Peterhead Prison, then Mr Swinney would be rightfully indignant and tell them to mind their own business. John Swinney’s response was that this was not something happening in the South East of England but in Scotland, where we had a Parliament.

A week or two back I said that Dungavel was run by the Scottish Prison Service, which is the responsibility of the Justice Minister, who is now Cathy Jamieson; just after publication I saw on televison the sign outside Dungavel, and it said "Premier Prison Services." Oops! Premier Prison Services is a subsidiary of the American firm Wackenhut, some of whose contracts in America are being terminated. Premier also run Kilmarnock jail, and the last time I saw figures for the costs of running jails, these showed, Barlinnie- £21,000 per prisoner, Edinburgh- £23,000 per prisoner and Kilmarnock - £25,000 per prisoner! As at the time Kilmarnock had a high turnover of staff with low wages and low staff morale, one has to wonder at where the benefit to society lies?

Now just playing about with these figures...? Dungavel apparently holds 110 prisoners (because that is what they are) and 18 of them are children; 110 multiplied by £25,000 is £2,750,000 a year to run the "Detention Centre". I cannot believe that the average refugee, including the children, would cost £500 per week, or putting it another way, would the Ay family of the mother and 4 children (the father was deported in April and has not been heard of since) have received a total of £125,000 in state benefits in one year?

We assume that the First Minister is angry and ashamed at the very existence of Dungavel; if he is not he has no place in public life. We know that if there was a government of a different political complexion in Westminster the Scottish Executive would be in total revolt over the situation, but because it is their pals who are running things, this is acceptable. We also know that we should be ignoring the crocodile tears of the Tories; their latest plan for refugees is to put them on isolated islands, Alcatraz style, until the state sees fit to consider their cases. The American penal system closed down Alcatraz years ago, as it was inhumane!

However, assuming that the Tories get into power at Westminster, and decide to put the refugees on the aforesaid islands, we might ask where these islands might be? There is a line from the Canadian Boat Song, which says "And we in dreams behold the Hebrides." We would detest refugees having to substitute the word "nightmares."

SEWN-UP MOTIONS

1. The Government thank the Scottish Parliament Procedures Committee for the invitation to comment on post-devolution primary legislation affecting Scotland.

2. Devolution has not created a federal UK; Westminster retains sovereignty. But as Lord Sewel emphasised during the passage of the Scotland Act, that supremacy is best exercised with restraint. To act otherwise would run counter to the spirit of devolution:

"the devolution of legislative competence to the Scottish parliament does not affect the ability of Westminster to legislate for Scotland even in relation to devolved matters. Indeed, as paragraph 4.4 of the White Paper explained, we envisage that there could be instances where it would be more convenient for legislation on devolved matters to be passed by the United Kingdom Parliament. However, as happened in Northern Ireland earlier in the century, we would expect a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish parliament."

The "Sewel" convention has subsequently been endorsed by the House of Commons Procedure Committee and the Memorandum of Understanding (MoU) and Devolution Guidance Notes (DGN), and reflected in the Companion to the Standing Orders of the House of Lords. A similar convention applies to legislation affecting Northern Ireland.

There is a lot more to the document, but you get the idea; Westminster rules OK!

It was felt that Sewel motions would only be used sparingly, and like Donald Dewar’s "£10 to £40 million" Parliament building, this was an understatement; four times a year was the maximum. As usual the planners either got it wrong, or Westminster could not keep from meddling in Scottish affairs, or maybe, perish the thought, the whole scheme was ill-thought out in the first place. As it happens, Alastair Darling, the Secretary of State for Scotland, or the English Transport Minister, in one of his part time jobs, told Annabelle Ewing in a Parliamentary Written Answer on 3 Jul 03 that the Sewel Convention had been used 42 times in the first Parliament, and we think that others, perhaps Private Members’ Bills had fallen by the wayside.

USE WHEN IT SUITS

There is more than a strong suspicion that the Scottish Executive is using the Sewel device to sing from the Westminster hymn sheet, and this will explain why no outcry is being raised about Dungavel; reading the transcript of the Scottish Affairs Select Committee of 7th November 2001, it is obvious that it is very much the Old Pals Act. Appearing for the Westminster Parliament were Mrs Helen Liddell, then Secretary of State for Scotland, George Foulkes, then Minister of State, Scotland Office, Dr Lynda Clark QC, Advocate General for Scotland, and Ian Gordon. Head of Department, Scotland Office. We think Dr Clark is still in place.

Some odd quotes (there are 35 pages, so it’s only odd quotes!); they are taken at random:

Mrs Liddell "We work very much in partnership with the Scottish Executive. I think one of the great successes of devolution has been that we have been able to broker a partnership....."

Mrs Liddell "That ability to talk to one another and to understand one another and to be seen to be working together, I think, is one of the the most powerful lessons that we have learned from the two and a half years of devolution."

Mr Carmichael (Scottish Westminster MP) "An awful lot of my concerns would be addressedif I could ask a Minister about the provision of Legal Aid in relation to civil proceedings because we are dealing with this rather curious hybrid procedure of a Sewel Motion. That is not something that is open to me as a Member in Westminster debating legislation to be passed by Westminster."

Mrs Liddell "In terms of the overall role, I do not think it is fully realised that I am the custodian of the Devolution Settlement."

John Robertson, Labour MP for Glasgow Anniesland, (elected by the ghost of Donald Dewar), poured a wee bit of cold water on the jollifications, when he asked Mrs Liddell "Do you feel maybe, it is that the message from your own office and from the Scottish Parliament itself and the expectations of the people of Scotland do not exactly marry up; the expectations of the people are very high and they have been in effect disappointed with the whole thing, and perhaps we as politicians and yourselves as the Scotland Office and the Scottish Parliament are not getting the message out to people?"

A bit garbled but we can see what he meant.

We just wonder what would have happened if the Westminster Government and the Scottish Executive had been of different political hues?  

FOOT IN THE MOUTH NOTES

Being a natural critic, I always take great delight when a newspaper has to publicly admit errors.

Small print in the Scotsman of 14th August: "In a report (13 August) it was stated incorrectly that the Bank of Scotland has sponsored workers to clean up a section of the Royal Mile during the Edinburgh Festival. In fact, it is the Royal Bank of Scotland that is behind the project."

The ground floor of the new Edinburgh Royal Infirmary was carpetted to give it a modern, homely look; the carpets are now being ripped out, as the additional effort of pushing hospital trolleys and wheel chairs is giving the porters sore backs.

You might think that the planners could have worked that one out, or maybe somebody’s cousin had a carpet shop.

I await with interest "Water for Wetting."

The other day I saw a white van, the DVLA Wheel Clamping Unit. Written on the side panels was the legend "No Exceptions, No Excuses, No Escape."

Now that would be a suitable motto for Lord Fraser’s Inquiry into the costs of the Holyrood Parliament Building.

Speaking after the Opposition debate in the House of Commons today [Tuesday] on the military situation in Iraq, the Scottish National Party's Westminster leader Mr Alex Salmond MP said:

"Stabilisation in Iraq can only be effective if it is implemented by forces under the control of the United Nations.

"Going to war in Iraq without UN authority was a huge mistake - and seeking to stabilise the country with the same US/UK command structure that waged the war is an equally grave blunder.

"No wonder France, Germany and Russia do not want to approve any Security Council resolution that is merely a fig-leaf for a continued US-run operation.

"An unacceptable price in human lives was paid during the war - and the security crisis after so-called peace was declared has caused more death and destruction.

"Instead of compounding the mistake of by-passing the United Nations in going to war, it is necessary to give real power and authority to the UN in order to build a real peace."

SCOTLAND OFFICE CUTTING COSTS AND CLOSING OFFICE
Tues 9 Sep 03

"SHOULD BE SCRAPPED COMPLETELY"

Commenting on the statement by Scottish Secretary Alistair Darling today [Tuesday] that 31 posts are being cut at the Scotland Office, and the office in Glasgow given up, with the savings of 1.7 million pounds going back to he Scottish Parliament, the Scottish National Party's Chief Whip at Westminster Mr Pete Wishart MP said:

"The SNP have been campaigning for months for the complete abolition of the Scotland Office - it is ridiculous that it still exists, now that it is no longer even a proper department of government.

"This is a step in the right direction, but all of the resources that are being wasted on the Scotland Office should be transferred to the Scottish Parliament, for spending on health and education."

KIDS IN BED AND BREAKFASTS HIT RECORD HIGH
Tues 9 Sep 03

OVER 3,000 LIVING IN TEMPORARY ACCOMMODATION

A record number of children are having to live in bed and breakfast accommodation, official figures revealed today (Tuesday).

Scottish Executive statistics show that 186 children are now living in bed and breakfasts while a total of 3,029, another record, are in all forms of temporary accommodation.

The Households in Temporary Accommodation report also reveals Scotland has hit a record high with more than 50,000 homelessness applications to councils being received in 2002-03 - the largest number since records began.

The official statistics show:

* a record 186 children forced to live in bed and breakfasts, with 3,029 living in all forms of temporary accommodation
* a record 50,917 applications from homeless people to local councils, a rise of 18 percent on the 1997 of 43,135
* a record 918 households living in bed and breakfasts, up 158 percent on the 1997 of 355

Commenting, Shadow Social Justice Minister Ms Shona Robison MSP said:

"In a country as wealthy as Scotland, it shames every one of us that record numbers of Scots kids are being forced to live in bed and breakfasts.

"We now have more than 3,000 kids living in temporary accommodation and far from getting better, that is another record.

"Overall, applications from homeless families have also hit a record, with, for the first time, more than 50,000 households forced to apply to councils for help.

"This is record of total failure. Labour were elected on a promise to end homelessness. Instead it's at record levels.

"The reality is that Labour cannot deliver the policies Scotland needs because London still has control of social security and the economy. Until we bring those powers back to Scotland, we simply don't have the power we need to end this national disgrace."

MINISTERS MUST CARRY CAN FOR SQA RESIGNATION
Mon 8 Sep 03

EXAM SYSTEM DESPERATELY NEEDS STABILITY

Shadow Education Minister Ms Fiona Hyslop MSP today (Monday) said Ministers must carry the can for the latest in a series of quango chiefs' resignations following the news that David Fraser has resigned from his post as Chief Executive of the SQA.

The resignation comes amidst rumour of disagreements with Ministers over funding. Commenting, Ms Hyslop said:

"This resignation is a serious blow to Scotland's education system. Following the SQA crisis of a few years ago and the major changes we have seen in school qualifications recently, we desperately needed a period of stability to build the confidence of pupils, parents and employers in the qualifications system.

"Government Ministers are ultimately responsible for the smooth operation of the SQA and they have their part to play to ensure good working relations are maintained. This resignation gives the impression of an exam authority lurching from one crisis to another amidst rumours of a breakdown in relations with Ministers. This doesn't provide the quality leadership from Ministers and their quangos that pupils and parents need and expect.

"The Executive approved the original appointment, they, and not Scotland's pupils, must carry the can when things go wrong.

"The new qualifications system needs funding to work properly and if financial wrangling was at the heart of any relationship breakdown, it lends credence to recent concerns that the dropping of the folio part of the Higher English was more about cost saving in markers than academic performance.

"This is the latest resignation in a series from quango and government agency chiefs, and we must now be seriously concerned about the ability of the current crop of Ministers to maintain a decent working relationship with anybody."

A leading Scottish Tory failed to give backing to SNP Euro-MP Ian Hudghton in his attempt to return fisheries control to Scotland. In a crucial meeting in the European parliament today, Struan Stevenson MEP abstained on a series of votes which sought to limit Brussels' control over fisheries. Mr Hudghton however welcomed the decision of Lib Dem MEP Elspeth Attwooll to back the SNP position of removing exclusive fisheries control from the proposed constitution of Europe.

Mr Hudghton stated:

"Mr Stevenson's decision to abstain on every single one of today's fisheries votes shows political cowardice of the highest degree. Mr Stevenson always claims that his position as president of the European parliament's fisheries gives him enhanced powers. What's the point in having a Scottish president if he doesn't fight for Scottish fishermen?

"Congratulations must however go out to Elspeth Attwooll who defied her Holyrood colleagues and gave full backing to the SNP's stance of removing fisheries from the exclusive powers of the EU.

"I hope that Mrs Attwooll is successful in persuading her colleagues in the Scottish Executive to follow suit and back this position. At the same time, I hope Mr Stevenson's colleagues in Edinburgh take notice of the fact that their man in Europe failed to back the party line of abolishing the failed CFP".

Contact: Ian Hudghton, 07885 254385

Notes for editors

· The vote in today's fisheries committee was on a report written by Struan Stevenson on the proposed Constitution for Europe. In his report, Mr Stevenson sought to enshrine the CFP in the Constitution.
· Mr Hudghton sought to change the report to the effect that fisheries control would be removed from Brussels' control. Mr Stevenson abstained in every vote.
· Mrs Attwooll signed up to an SNP amendment which called the current draft of the Constitution "anomalous, unjustified and legally unworkable" with respect to the fisheries sections.
· Mrs Attwooll's position contrasts with Lib Dem minister Tavish Scott MSP. In a Scottish Parliament debate on 12th June 2003 he stated: "The SNP claims that the convention proposes additional competence for the EU in the fisheries field. That is untrue. Nothing in the draft proposals under consideration…would bring about any change to the current position".

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