In this letter Freeman admitted that the Scottish Government does have the power to support women, despite the requirement for some form of individual assessment, similarly she conceded that she had no idea if the new benefit powers could be used despite the UK Government's emphatic statement (repeated several times over) that they could.
Below I provide a draft of the letter that Freeman should have written. In my view the fact that a letter of this nature was not sent by Freeman demonstrates what we already know, the SNP don't want these powers.
If you want to skip to the real issue here, just go to the section in red as the first part is just reiterating what we already know:
Dear Richard,
Thank you for your letter dated 19 April 2017.
There is no need to apologise for making a mistake on the numbering of the Sections of the Scotland Act, I frequently have the same issue!
As you know the Scottish Government take a very different view of the impact of the equalisation of the State Pension on the women, and men, directly and indirectly affected. We have also committed in public to say that if we were in a position to legislate to support these individuals then we would.
I was therefore delighted by your response and in particular your confirmation that the powers of the Scotland Act 2016 can be used to support these groups.
As you will be aware we have concerns over the defintion of short term in the use of Section 26 powers, but I am glad you have clarified that we have the broad power to define that term in such a way to support these groups over the term up to their new state pension age.
We have also faced internal debate over the ability to use Section 28 powers as a benefit payment may in our view "stray into reservation" due to the definition of "old age" (whatever that means!). However following our reading of the Scotland Act 2016 Explanatory Notes it clearly states that where such a risk exists it is our duty to liaise with you on the issue. Having done that and having received your confirmation I believe that issue to be satisfied and we can be assured that there is no issue with the Scottish Government proposing such a Section 28 benefit to support these women.
This puts the question of dispute over these powers between the two Governments beyond any doubt and I thank you for your clarity on the issue.
Our only concern therefore remains the issue of a legal challenge from outside our Governments over the application of these powers. As I've noted we have some concerns over the drafting of the Act and this could inevitably lead to a legal case which none of us would want.
Clearly the probability of such a challenge is extremely low given the commitment both our governments have made, especially after noting that we have complied with the Explanatory Notes of the Scotland Act on the issue of "straying into reservation". I am also aware that you have already made the UK Government's views on this issue public, so everyone can be assured of both our commitment.
To deal with the question of any legal challenge then can I obtain a public commitment from the UK Government that in the event of a legal challenge to the application of the powers, as you set out in your letter, that the UK Government would provide the required Section 30 order or amendement to the Scotland Act to put the issue beyond any practical doubt. In practice it is unlikely that such action would be necessary, such a statement from both Governments would mean any legal challenge would be futile and costly for those bringing it.
Thank you once again for the detail of your reply. The Scottish Government are ready to begin work on our WASPI support programme as soon as you are able to confirm that you would help us stop any legal challenge and we shall of course liaise with the UK Government as we formulate our proposal.
Yours sincerely
Not Jeane Freeman
If the Scottish Government wanted the powers...
Of course that wasn't the letter sent, the reason was simple. If the UK Government responded in the affirmative then the SNP would have no excuses left. They could not remotely carry on saying they don't have the powers and would have to engage with a debate that they just don't want to have. So instead of looking for a solution they just want to have an endless conversation.
That says it all, this isn't a Government anymore it's just a big tent campaigning machine.
