Labour peer Lord Foulkes attacks Scottish Government for spending taxpayers’ money on independence planning

Lord Foulkes says it is “improper” for the SNP to use the civil service to plan for independence

A Labour peer has accused the SNP of “mischief-making” and “diverging from their real responsibilities” after spending taxpayers’ money on independence planning.

Earlier this week it was revealed the UK Governmentcould impose sanctions on the Scottish Government for spending money on areas that are reserved to Westminster, including having civil servants working on independence plans.

Despite this, an expert on the constitution said this is “perfectly normal” and warned the UK Government not to be foolish when it comes to the devolution settlement.

Previously UK Cabinet Office minister Lucy Neville-Rolfe told the House of Lords she is looking to update the cabinet manual, a document which codifies the conduct of government.

The last version of this manual was published in 2011 to make sure there was a plan in case the general election that year led to a hung parliament. A new draft is expected later this year.

Labour peer Lord Foulkes said there is currently no way for the UK Government to issue sanctions on the Scottish Government, and wants this to be considered when the cabinet manual is revised.

Speaking on BBC Good Morning Scotland, he said: “It was never envisaged the Scottish Government would try to go into reserved matters like the constitution, but that is what they’re doing now.

“It is mischief-making and diverging from their real responsibilities of education, where they’re failing, and the NHS, where we have waiting lists.

“They can pursue their agenda and campaign for independence, but it is a party political campaign, they shouldn’t be using taxpayers’ money on it.

“Maybe it is because they haven’t got the £600,000 in their accounts which was reserved for independence campaigning that they are now using taxpayers’ money.

“It is quite improper to do that.”

This comes only a day before First Minister Humza Yousaf is expected to publish the next in a series of papers detailing what an independent Scotland would look like.

Lord Foulkes added the devolution settlement was “never meant to be a union of equal partners”, and said this idea is a myth perpetrated by the SNP.

He added: “We each have our own responsibilities that are different - to call them equal is not the right word.”

His comments were met with anger from the SNP. The party’s deputy Westminster leader Mhairi Black said Lord Foulkes’s statement “let the cat out of the bag” on Labour’s attitude to devolution.

She said: “By saying the quiet part out loud, and demanding the UK Government impose sanctions against the Scottish Government for carrying out its democratic mandate, the unelected Lord Foulkes has shown the Labour Party can’t be trusted to defend Scottish devolution.”

In response to Lord Foulkes’s calls for sanctions to be imposed, Professor Robert Hazell, an expert on government and constitution at University College London, said: “I am genuinely puzzled - I think it is politics at play here, because the guidance is very clear on this in the civil service code and in devolution guidance.

“It is perfectly proper for civil servants to work on the Scottish Government’s agenda, including plans for independence.

“To me this is a completely artificial dispute driving Scotland into considering a separate civil service, that is not inconceivable.

“It is very unwise of the UK Government to make an issue of this, because devolution has worked well for almost 25 years.

“It would be foolish of the UK Government to put that at risk.”

Both Mr Yousaf and Independence Minister Jamie Hepburn will be unveiling the next independence paper at the National Records of Scotland in Edinburgh.

A spokesman for Mr Hepburn told The Scotsman: “No wonder Westminster is desperately trying to stop people in Scotland getting access to information about independence - because they know the evidence shows that independent countries like Scotland are both wealthier and fairer than the UK and better able to tackle cost-of-living pressures.

“The Scottish Government was elected on a specific commitment to give people an informed choice about their constitutional future - and that is what we will continue to do.

“The fact that the UK Government is unable to set out any sort of positive vision for Scotland’s future under Westminster speaks volumes about the weakness of their position.”