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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 23 December 2025
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Displaying 796 contributions

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Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 2 October 2025

Keith Brown

I have one last question. I may come back in if there is time afterwards, but I know that other members want to come in.

In relation to the Sewel convention, I forget who proposed it, but our papers mention the idea of having a designated committee within this Parliament to look at legislative consent motions. Is there any mileage in the idea of having a joint standing committee between this Parliament and the Westminster Parliament, with members from both sides on it, to try to ease some of the tensions around the Sewel convention? I do not know whether there is a precedent for it.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 2 October 2025

Keith Brown

Mr Thomson talked earlier about the DRS—the law was made, people expected things to happen and then it was struck down. One of the concerns of this committee is the chilling effect that that has had on any proposals that the Government is considering, because people do not know whether or not they will be struck down. That chilling effect is quite profound. It will be interesting to see what impact that has on the parties’ manifestos in the coming election.

I have two questions, but I still expect to take less time than Stephen Kerr did. The first one is for Professor McEwen. In your submission, you make the statement that

“The Westminster parliament, particularly the House of Commons, has less interest in IGR especially at the portfolio level, and has demonstrated less interest than the devolved legislatures in scrutinising the UK Government’s intergovernmental activity.”

That is followed by your statement that

“In my view, transparency and accountability can be best increased by strengthening the requirements upon the Scottish Government to report on its activity in IGR.”

I am all for haranguing the Scottish Government to do more, and it could continually try to increase its transparency, but to what effect, when that level of apathy towards IGR is evident at Westminster?

10:45  

Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 2 October 2025

Keith Brown

I remember when I changed my mind on the not proven verdict—it was when I found out that it was not possible for sheriffs or judges to explain to jurors what a not proven verdict meant as opposed to a not guilty verdict. I return to Stephen Kerr’s point. I am not saying that the public want to know the detail of the internal machinations between Governments, but if there is no prospect of getting a reasonable understanding of a process that is so complex and so full of exceptions, with agreements and conventions that are not observed and all the rest of it, I think that you have to say that the system is not working. If the Westminster Parliament is apathetic, until it asserts its interest in IGR, we will continue to get what we are told elsewhere are decisions that are UK Government positions rather than the UK-wide positions that I think we all want to see.

On scrutinising the Scottish Government, I go back to a point that Jamie Halcro Johnston made. It relates to the idea that FOI is a vehicle. FOI has been abused so much that it has become discredited to some extent. Hundreds of FOI requests are put in by parliamentary researchers, which I think has undermined the process, plus it should not really be for individual MSPs to take the initiative and to ask for this information. I understand what you say about the time that FOI requests now take; one reason is that people put in hundreds. The cost is astronomical; it is about £120 an answer at least. The Scottish Government agreed to publish its ministers’ diaries, which it does proactively because it saves on FOI requests coming in and people having to ask all the time. Surely that resource could be tweaked. If a minister met with a UK minister, that could be highlighted so that it could be extracted from the system, which could say, “These are the meetings that we are aware of that have taken place between ministers at an intergovernmental level”. That would not be such an onerous thing to do.

Constitution, Europe, External Affairs and Culture Committee

Pre-Budget Scrutiny 2026-27

Meeting date: 25 September 2025

Keith Brown

Creative Scotland told us that it has the same confidence in the Government’s willingness to see through the commitments that it has made. However, it also made the point, quite reasonably, that although the increase in funding, which is substantial, is welcome, that is being undermined to some extent by the increase in costs that is now being faced. There are two factors there, the first of which is the increase in energy costs. Last year, a reduction in energy costs was promised. The second factor, which is having a larger impact, is the increase in employer national insurance contributions, which organisations did not budget for. They did not expect to face a substantial increase from elsewhere in relation to NICs.

Are you hearing that message from stakeholders? The Scottish Government is giving them more money, but some of that is having to be used to make up for rising costs elsewhere.

Constitution, Europe, External Affairs and Culture Committee

Pre-Budget Scrutiny 2026-27

Meeting date: 25 September 2025

Keith Brown

Thank you.

Constitution, Europe, External Affairs and Culture Committee

Pre-Budget Scrutiny 2026-27

Meeting date: 25 September 2025

Keith Brown

I will follow up on that point. How granular is your assessment of the balance of your activities around the country and your support for other activities? The city of Stirling is in my area, although I do not represent it—I represent Bridge of Allan, Dunblane and a chunk of the Stirling Council area. Clackmannanshire is next door. As a city, Stirling attracts a lot of cultural attention, not least because of its cultural assets, but that is much more difficult in Clackmannanshire. You have said that, where you see ambition, you try to reward that, but how much cognisance do you take of the situation in areas such as Clackmannanshire, where it is difficult to attract some of that attention?

Constitution, Europe, External Affairs and Culture Committee

Pre-Budget Scrutiny 2026-27

Meeting date: 25 September 2025

Keith Brown

Thank you.

Constitution, Europe, External Affairs and Culture Committee

Pre-Budget Scrutiny 2026-27

Meeting date: 25 September 2025

Keith Brown

This is about the budget.

Constitution, Europe, External Affairs and Culture Committee

Pre-Budget Scrutiny 2026-27

Meeting date: 25 September 2025

Keith Brown

Yes—I will come on to question 2 when you have answered that one.

Constitution, Europe, External Affairs and Culture Committee

Pre-Budget Scrutiny 2026-27

Meeting date: 25 September 2025

Keith Brown

I acknowledge what has been said about the increase in funding for the cultural sector, which is absolutely welcome. Witnesses have welcomed it as well. The point that we get from stakeholders is that they want to ensure that they can have an audience with decision makers across the Government. Education is one example of where that is happening, and social justice is another. I will not look for further answers on that point just now, but it would be good to be kept up to date with examples of stakeholders being able to see across the Government.

My second question is about Creative Scotland. My experience is that this year has been a bumper year for Edinburgh in particular, because of the festival and fringe attendances and the Oasis and AC/DC concerts. You are both a cabinet secretary and a local MSP, so can you share information—if the Government has it—about how successful the year has been? It seems that it has been busier than any time since the 1980s.