Judge gives decision in former chief whip Andrew Mitchell’s libel trial against News Group Newspapers, publisher of the Sun, over what MP allegedly said at gates of Downing Street in 2012
Smith Commission proposals - Summary
No 10 hints PM favours stopping Scottish MPs voting on some budget matters
Andrew Mitchell loses his libel case
Judge rules Mitchell did call officer ‘pleb’
5.54pm GMT
5.37pm GMT
Stig Abell, the Sun’s managing editor, has described the verdict as a victory for journalism. Here’s his statement.
Today represents vindication for The Sun and its journalists. We’ve always stood by our story and continue to do so. We’re delighted that the judge has ruled that what we reported about evidence on Downing Street and the evening in questions was the truth, and accurate.
There’s been a lot of speculation and comment about Mitchell’s outburst and criticism of our newspaper. This judgment today lays all that to rest. Our article broke the important public interest story and it has been independently and conclusively confirmed today. The Sun can be proud of its journalism.
5.35pm GMT
In his statement PC Toby Rowland said that he had tried everything to avoid the case going to court. My colleague Vikram Dodd has filed more on this.
Before the trial all sides had attended mediation to try and avoid a trial, and the costs and the risks involve.
But Mitchell could not compromise enough to satisfy PC Rowland’s anger at the direct attack on his integrity when the former cabinet minister called the officer a liar for sticking by his claim he had been called a “pleb”..
5.28pm GMT
Here’s my colleague Joseph Harker on the Mitchell verdict.
Now Andrew Mitchell really does know what it's like to be black. Courts will always believe an officer's word over yours #duggan
5.19pm GMT
Here’s the Conservative MP David Davis, a friend of Andrew Mitchell’s and someone who attended court to support him, on the result.
I’m disappointed and shocked by the judgment. I am really sorry for my good friend Andrew Mitchell, as a good man brought down.
5.16pm GMT
Here is PC Toby Rowland’s statement outside the Royal Courts of Justice.
The following statement is made in a personal capacity and I do not speak on behalf of the Metropolitan Police Service.
I would firstly like to thank Mr Justice Mitting for his judgment, my legal team and my family and friends for their unwavering support through what has been the very worst of times for me personally.
4.46pm GMT
PC Toby Rowland is speaking outside the Royal Courts of Justice now.
He says he and his team did all they could to avoid this coming to court.
4.39pm GMT
And here is a statement from Steve White, chair of the Police Federation of England and Wales, welcoming the result.
Toby [Rowland’s] name has been cleared and his integrity restored. Toby has conducted himself with dignity and professionalism in relation to this incident and subsequent inquiries and legal cases.
It is important that this incident is now brought to a close to allow Toby and his family to look to the future.
4.37pm GMT
Here is the key quote from Andrew Mitchell.
[I want to thank] all my friends, in the international development community, my constituents, for their loyalty and support during the last two years.
Obviously I’m bitterly disappointed by the result of the judgement today. This has been a miserable two years. But we now need to bring this matter to a close and to move on with our lives.
4.32pm GMT
Andrew Mitchell has spoken briefly to reporters outside the steps of the Royal Courts of Justice.
He said he was “bitterly disappointed” by the result. He had had a “miserable” two years, he said.
4.30pm GMT
Andrew Mitchell has been ordered to pay interim costs of £300,000 by early January.
Andrew Mitchell has been ordered to make interim payments of £300,000 to News UK&Police Federation. He has until early January to find it.
4.27pm GMT
This has been said already here today, by someone else, but I’ll post it again because it’s such sound advice.
Two lessons to draw from the #plebgate case. 1. Never get involved in a libel action. 2. Seriously, NEVER get involved in a libel action.
4.25pm GMT
Now a Tory MP, Stewart Jackson, has taken to Twitter to criticise another Tory MP, Michael Fabricant, for using Twitter to comment on Andrew Mitchell. (See 3.49am.)
Poor old @Mike_Fabricant just can't keep his trap shut and show just a little decorum #mitchelllibelcase
4.15pm GMT
Tim Montgomerie, the ConservativeHome founder and Times columnist, is speaking up for Andrew Mitchell.
I still don't think Andrew Mitchell said pleb and he was certainly a superb international development secretary. A personal tragedy.
4.11pm GMT
The BBC’s Danny Shaw says the total costs could run to £3m.
Police Fed says pleased w ruling. It's spent almost £1m on legal fees. "Toby’s name has been cleared and his integrity restored" #plebgate
Lawyers for Sun & Rowland want Mitchell to pay legal costs. Browne for Rowland wants £200k within 14 days (1st instalment). #plebgate
Gavin Millar for the Sun (News Group) also wants £200k as interim payment. I reckon total costs likely to be £2m - £3m. #plebgate
4.06pm GMT
The judge is now putting off the conclusion of the case for 14 days.
That is not because the central conclusion is in any doubt; it’s just to allow the lawyers to tie up all the legal threads.
Mitting J: I don't entirely agree. Mitchell disappointed, deserves time to consider. 14 days & hearing if necessary in new year #plebgate
Mitting J: Mitchell to have 14 days to formulate undertaking to Rowland & court; 14 days too to agree next steps if not resolved #plebgate
Mitting J: Claimants in each action to come back to the court if not agreed. Browne QC: Costs - costs follow the event #plebgate
3.59pm GMT
Here’s Gavin Millar, the Sun’s barrister.
Millar QC: Mitchell's response "disappointing" & not consistent with what we thought coming into this hearing. #plebgate
Millar QC: Judge makes finding of fact, finds central sting of defamatory statement. #plebgate
Millar QC: Now found 3 toxic phrases were said, were said to police officers as alleged. No meaning possible avoids that sting #plebgate
3.57pm GMT
In the media we are reporting that Andrew Mitchell has lost his libel case (which he has - the key matter has been resolved) but the news has not got through to the courtroom, where the case is still being debated.
But Desmond Browne, PC Rowland’s PC, is trying to kill it off.
Browne QC: no need to read transcript with a microscope. HO a "non-starter"; QP "no basis alleged for saying Rowland responsible" #plebgate
3.51pm GMT
Price QC: no question of Mitchell repeating allegation of Rowland lying. No need for an injunction; could give undertaking #plebgate
Browne QC: in light of "massive hostile media campaign" vs Rowland in media, would ask for undertaking to be required. #plebgate
Browne QC: if undertaking offered, I would ask Your Lordship to accept it, with same effect as an injunction #plebgate
3.49pm GMT
Michael Fabricant, the Conservative MP, says Andrew Mitchell should have shown some humility.
If Andrew Mitchell had shown some humility, said he had lost his temper and not sure what he'd said, but was sorry - he'd still be in Gov't.
3.47pm GMT
James Price QC for Mitchell says the Sun "isn't totally off the hook" but says Mitchell won't repeat allegation that Rowland lied #plebgate
3.46pm GMT
James Price, Andrew Mitchell’s barrister, is now speaking.
Price QC: not clear where Mitting J's findings as to Mitchell's state of mind leave question of 'malice' (which cd defeat QP). #plebgate
Mitting J says not any omission. He deliberately did not make findings on malice.
3.44pm GMT
Browne QC: Mitchell shown "a total lack of contrition" & not withdrawn claim of conspiracy involving Rowland. #plebgate
Browne QC: effect on Rowland's career & family been awful. Without undertaking, repetition monstrous, injunction necessary #plebgate
3.42pm GMT
Back in the court Desmond Browne QC is now making a submission on behalf of PC Rowland.
Browne QC: matter of "public interest" pleaded as "making of false allegations by the police". They weren't false. #plebgate
Mitting J interjects that there were false statement by PCs, just not any of those involved in this trial. #plebgate
Browne QC on Mitchell's Defence - no misconduct by Rowland found. Says QP is just relying on facts which failed in justification #plebgate
Browne QC: Says Mitting J's findings have determined all 3 defences. Damages sought - also an injunction to prevent repetition #plebgate
3.38pm GMT
Here’s the Press Association snap story about Andrew Mitchell losing his libel action.
Former Government chief whip Andrew Mitchell has lost his High Court libel action over the “Plebgate” incident.
He sued News Group Newspapers (NGN) over a September 2012 story in the Sun which he said meant he was guilty of launching a grossly offensive and arrogant attack on Downing Street police officers who refused to allow him to cycle through the main vehicle gates, branding them “fucking plebs”.
3.35pm GMT
Browne QC (for Rowland) now going through the pleadings in Rowland v Mitchell. Says AM plea of justification disappears #plebgate
Browne QC: ask whether Mitchell's 'makeweight' pleadings of Qualified Privilege (QP) and Honest Opinion (HO) survive. Says not #plebgate
Browne QC: facts relied upon to found HO same as of Justification & HO doesn't arise b/c factual statements in any event #plebgate
Browne QC: Mitchell's defence of HO "dead in the water". Says Mitchell's remaining defence to Rowland is QP #plebgate
3.33pm GMT
Twitter is cruel.
Mitchell to judge: "I thought you were here to fucking help us"
3.31pm GMT
They’re back.
Mitting J back in Court 13. Browne QC rises for Rowland, and says he seeks damages to be assessed & injunction v Mitchell #plebgate
3.31pm GMT
Although the substance of the case has been decided, the judge has not actually finished giving his judgment.
Curious: Mitting J adjourned for 10 minutes so press can rush out and file. But we are still in court, waiting to see what happens next.
3.27pm GMT
Here’s the BBC’s Nick Robinson on the result.
Mitchell loses plebgate case. Was an argument about one word worth a career, a reputation and a fortune?
3.24pm GMT
Little reaction from Mitchell. He looked stunned and confused. Ten minute break. #plebgate
3.23pm GMT
"I'm satisfied that Mitchell did speak the words attributed to him including the politically toxic words" Judge #plebgate
3.21pm GMT
Mitting J: On balance of probabilities, I am satisfied that Mitchell did say the words, or very similar, as alleged #plebgate
3.20pm GMT
Andrew Mitchell did say pleb, on balance, says judge
3.18pm GMT
Glum and worried faces on Mitchell row in court. #plebgate
3.18pm GMT
Mittting J: Richardson letter concluded with two sig comments. (1) Not comfortable with the reporting... unfair to Mr Mitchell #plebgate
(2) Where did the Sun get their info? Serious breach of confidentiality... Questions integrity of DPG. #plebgate
Mitting J: Both comments justified. Shows Richardson had no animus to Mitchell. An "honest & level-headed PC" writing #plebgate
3.17pm GMT
Judge says 3rd PC Ian Richardson, since retired, was "most objective" & complained events had been hijacked later by Police Fed #plebgate
PC Ian Richardson (who spoke to @thetimes in Feb) praised as objective, sensible and impressive by judge #plebgate
3.16pm GMT
Sound advice from Matthew Scott.
Looks like classic demonstration of the soundest legal principle of all: never ever litigate. Never, if you can possibly avoid it. #plebgate
3.16pm GMT
PC Richardson was within 3 weeks of retirement after 30 years' service. He wrote long letter to Commissioner about incident #plebgate
Richardson letter was to complain at lack of activity by senior officers, allowing the Police Fed to fill void & media frenzy #plebgate
3.14pm GMT
David Allen Green is also now calling it for PC Rowland.
(Unless Mitchell gets that final punch, this match looks over.) #plebgate
3.13pm GMT
You can see the "police, too slow to make it up" submission being made in courts all over the country now... #plebgate
3.13pm GMT
Judge says evidence suggests ‘lack of collusion’
(It will be ironic if Mitchell loses the case because the judge ruled Rowland was too dim to invent a lie.) #plebgate
Judge finds 2nd PC at the gates - Tupman - to be a "truthful witness" as well. His evidence suggests "lack of collusion" #plebgate
3.12pm GMT
Judge says Weatherley's notes provide "powerful support" for Rowland's account #plebgate
3.11pm GMT
Not only did Rowland lack wit, inclination imagination to fabricate, neither did he inclination for pantomime invention needed #plebgate
3.11pm GMT
Judge says Weatherley's notes don't support the conspiracy claim unless alleged conspirators were "exceptionally subtle" #plebgate
3.10pm GMT
Judge now saying there are too many weaknesses and inconsistencies for the police account to be a lie - tricky one #plebgate
3.09pm GMT
Weatherley was dismissed from the Police service because she sent a photo of a print out of Rowland's email to PC Glanville #plebgate
She denied to OpAlice that anyone had accessed her copy of the email. Dismissed after 24 years unblemished service #plebgate
Mitting J satisfied that her account of the incident on 19 Sep 2012 was clear & without rancour, notwithstanding later actions #plebgate
Mitting J now discussing questions arising from Weatherley pocket notebook being apparently filled in using two separate pens. #plebgate
Mitting J "I do not accept that she [Weatherley] is capable of such dishonesty". #plebgate
If PCs on gate such subtle conspirators, would expect her 1st account to more fully support Rowland's account #plebgate
3.07pm GMT
Judge says he believes sacked officer Gill Weatherley told him the truth about #plebgate incident &'aftermath
3.06pm GMT
Matthew Scott, the legal blogger, is calling it for PC Rowland now.
I'll take 150/1 on Mitchell winning this now. Looks like Rowland will win. His superior stupidity is seeing him canter home. #plebgate
3.05pm GMT
Here’s David Allen Green, the legal blogger, again.
(Not looking good for Mtichell; all may come down to burden of proof.) #plebgate
3.04pm GMT
Now judge considering if Rowland could have invented the phrase together with 3 other officers on the gates #plebgate
Call to Sgt Mills at 19:37:23 inc 'pleb' means must look before then. This involves assessRichardson, Tupman, Weatherley accounts #plebgate
3.04pm GMT
Judge emphasises he doesn't think PC Rowland performed "the pantomime" invention of alleged phrase required #plebgate
Judge: Rowland made arrest threat because he was surprised at Mitchell's words #plebgate
3.03pm GMT
The judge says PC Rowland did not help the Police Federatio:
For Rowland account to be false, must (1) hear AM words (2) decide to unlawfully arrest (3) invent words (4) recount falsity #plebgate
Mitting J: Rowland did nothing to help or support those in Police Fed who had a dispute with Gvt. #plebgate
3.02pm GMT
Here’s the BBC’s Daniel Sandford on the latest assertion from the judge. (See 2.59pm.)
That is close to a killer blow against Mitchell #plebgate
3.01pm GMT
This judge certainly understand suspense.
If he ever tires of the law, a career as a thriller writer may be available.
2.59pm GMT
Judge says gaps and inconsistencies in Rowland's account don't demonstrate he fabricated his account, as Mitchell lawyers claim #plebgate
2.59pm GMT
Mitting J now discussing Price QC's claims of inconsistencies in Rowland's accounts (pocket book entry, email, OpAlice interviews) #plebgate
Inconsistencies include (1) when Mitchell stopped speaking (2) the first call from the box (3) reason for going up to house etc. #plebgate
2.57pm GMT
This is from Matthew Scott, a legal blogger.
Judge is doing a Lord Sugar and now concentrating his fire on Rowland. #plebgate
2.55pm GMT
Mitting J: Rowland would not have been justified in arresting Mitchell, and was unwise to threaten to do so. It was just surprise #plebgate
2.53pm GMT
The judge says PC Rowland was wrong about members of public being shocked:
#Plebgate Judge; PC Rowland said members of the public were visibly shocked. This perception and evidence was wrong.
(Judge for second time doubting Rowland's evidence. First, POA warning; now "shocked" public.) #plebgate
2.52pm GMT
For those who care, yes Mr Justice Mitting is saying the word "f***ing" a lot #plebgate
2.52pm GMT
Here’s David Allen Green’s verdict on how it’s going so far.
(Too early to call #plebgate but Mitchell's lawyers will not be enjoying this so far. Will Mitchell be saved by the burden of proof?)
2.51pm GMT
This is from 5RB Barristers, who are also tweeting the judgment.
There was discussion between various officers on bus back to Apex House including discussion of words like toxic phrases #plebgate
Sgt Mills also called Inspector Booth, who testified that in that phone call he was told about use of the word 'plebs' #plebgate
Booth instructed that Rowland should set out fuller account for superior officers. Rowland wrote email of 21:22 from Apex House #plebgate
Mitting J is now reading the email Rowland sent to the senior officers. Incs ref of members of the public being 'visibly shocked' #plebgate
2.48pm GMT
More from the BBC’s Daniel Sandford.
This is not looking good for Mitchell #plebgate
It's the first criticism of Andrew Mitchell by the judge. His family are looking tense now. #plebgate
Mitchell's wife and two daughters looking strained. He is slightly less upright than usual. PC Rowland staring straight ahead #plebgate
2.45pm GMT
The BBC’s Daniel Sandford reminds us of what’s at stake for the Police Federation financially.
If this goes against Andrew Mitchell MP the Police Federation legal costs alone are close to a million pounds #plebgate
2.43pm GMT
Judge says Pc Rowland impressed him as ‘old-fashioned policeman’
Judge says Rowland "impressed me as a rather old fashioned policeman" - not imaginative - well-suited to job - defensive #plebgate
2.43pm GMT
Here’s some sound advice from David Allen Green, the legal blogger.
(Never try to read - ie, guess the thoughts of - a judge. You will usually get it wrong.) #plebgate
2.42pm GMT
Judge: PC Rowland not the sort of man to have invented what a politician said
Judge says Rowland is not the sort of man who had the "wit" to invent on "spur of the moment what a senior politician said to him" #plebgate
Judge said Rowland not sort of man to have "wit the imagination " to make up story on spur moment of what Minister said #plebgate
Judge on PC: "not sort of man to have had the wit, imagination or inclination to invent account of what a senior politician said" #plebgate
2.40pm GMT
Judge - Mitchell ‘did lose his temper’
My colleague Karen McVeigh is tweeting live from the high court as Mr Justice Mitting rules on the Andrew Mitchell plebgate affair. Follow her tweets here.
Judge says "absolute precision" impossible but the words alleged would have taken around 4.2 seconds #plebgate
Judge not satisfied that Rowland said all of the words he said he did to Mitchell #plebgate
Judge says Mitchell's claim that he was ill-tempered but did not lose his temper was "hair-splitting and unconvincing" #plebgate
Judge says Mitchell "did lose his temper" & that it can lead to "loss of inhibition in speaking & imperfect recollection" #plebgate
#Plebgate Judge; I am satisfied that Andrew Mitchell did lose his temper and as he told John Randall he did not remember what he said.
2.07pm GMT
Nick Clegg has given an interview about the Smitcommission. He was also asked if this would mean Scottish MPs should stop voting on budgets, and he replied in not dissimilar terms to those used by the prime minister’s spokesman. (See 1.45pm.)
Well, the bands and the rates of the income tax system will be devolved to Scotland. But the tax base, in other words, who you raise income tax from and the allowance and the exemptions and so on, all of that will still be determined in the UK, in the UK parliament in Westminster. And, of course, all MPs from across the UK can vote in that.
Separately, of course we need to look at this issue of how you deal with matters which come up from time to time which only affect England and Wales. And my party, the Liberal Democrats, have a plan on how you can deal with that. English votes, if you like, for English matters. The Conservatives have got a rival plan which is all about Conservative votes on English matters, which I don’t think is acceptable.
1.45pm GMT
Lord Smith only managed to achieve consensus because Labour agreed to the full, or near-full, devolution of income tax. This was the most important concession during the negotiations. Labour was wary about this, because it worried that this would strengthen the case for Scottish MPs being banned from voting on the budget, but, as our overnight story reports, Labour thinks it has won safeguards on this point. Gordon Brown stressed those safeguards in the statement he released this morning. (See 8.59am.)
But Downing Street is hinting that Scottish MPs could be banned from voting on some aspects of the budget under plans for “English votes for English laws” (Evel) being drawn up by David Cameron. At a briefing, the prime minister’s spokesman was not explicit about this, and he stressed that details would be announced in due course.
There will need to be arrangements in a series of areas including financial matters to recognise the principle of Evel.
[The PM’s] very clear view is that what the Smith Commission does - alongside meeting that vow to the people of Scotland - is underline the extent to which this point around Evel is irrefutable. The Smith Commission is entirely consistent with the principle of Evel. The PM will be bringing forward proposals for Evel before the Christmas recess. You’ll get the details then.
1.19pm GMT
Here is some business reaction to the Smith Commission report.
In a statement, John Cridland, the CBI director general, welcomes the fact that the plans will preserve the integrity of the UK’s single market. He says he is glad that “common sense has prevailed” and that corporation tax has not been devolved. But he says devolving income tax could cause problems.
Businesses are pragmatic about plans to devolve income tax but it does raise significant practical questions that need answering. We cannot overlook the implications for firms with employees both sides of the border and issues like how PAYE works must be properly thought through. Attention must also be given to the impact on the administration of pensions tax relief.
We’re disappointed that air passenger duty will be devolved which risks creating an inefficient bidding war between the UK’s regions.
The Scottish government has already indicated it would slash or scrap the world’s highest air passenger tax to stimulate the local economy. The right time is now for the whole of the UK to share equally in the benefits a phasing out of APD would deliver.
The commission’s recommendation to devolve further tax powers to Scotland will provide Holyrood with greater powers to boost economic growth, create jobs and deliver future prosperity. However, any devolution deal must avoid creating unintended barriers to trade between Scotland and the rest of the UK. Businesses on either side of the border rely on the free movement of goods and services, and any divergence in levels of regulation and tax could harm the future growth prospects of firms. Politicians must take this opportunity to ensure that the devolved settlement for Scotland is considered and appropriate - rather than rushed to meet a deadline.
1.08pm GMT
For a very different take on the Smith Commission report, here’s a post from the Rev Stuart Campbell on Wings Over Scotland, the nationalist website, headed “And now for the truth”. It claims the significance of the proposals has been vastly over-stated by the media.
Scotland is already enduring an outpouring of concentrated spin and outright deception that perhaps even exceeds that seen in the last few weeks before the independence referendum ...
The Smith report represents the absolute bare minimum the unionist parties thought they could possibly get away with. In terms of giving Holyrood the ability to create jobs, grow the economy or improve social justice, it offers nothing whatsoever. It won’t rescue a single family from a single foodbank.
12.58pm GMT
Here’s David Cameron welcoming the Smith Commission proposals.
12.54pm GMT
The Law Society of Scotland has put out a statement welcoming the Smith proposals. Here’s an extract from the statement from Alistair Morris, the society’s president.
We are particularly pleased to see that reserved tribunals, such as employment tribunals, are to be devolved. This will undoubtedly benefit those seeking recourse through the administrative justice system. We also welcome the proposals for improving the cooperation between the UK and Scottish governments in relation to EU matters and that Scottish Ministers are to be fully involved in agreeing the UK position in EU negotiations relating to devolved policy matters.
12.48pm GMT
Carwyn Jones, the Labour first minister of Wales, is also calling for a UK-wide constitutional convention.
I have long said we cannot continue with this piecemeal approach to devolution and changing the UK #smithcommission
We need a proper conversation that treats all 4 nations as equals & develops a long-term view on what new UK should look like
12.45pm GMT
ITV Border’s Peter MacMahon has this summary of first minister’s questions in the Scottish parliament.
Summary of #fmqs Unionists: SNP should accept Smith and get on with governing inside UK. SNP: It's not good enough. We need more powers.
FMQs at Holyrood: rarely can there have been such a stairheid rammy about a consensus. #smithcommission
12.42pm GMT
The Local Government Association, which represents councils in England, is calling for a constitutional convention to agree more devolution for England. This is from its chair, David Sparks.
The Smith Commission’s findings should be used as a blueprint for devolution across the whole United Kingdom. Putting powers beyond Holyrood will ensure people in Scotland can benefit from more of the important decisions affecting their lives being made close to where they live.
We would now urge William Hague, as chair of the cabinet committee for devolution in England, to seize this opportunity to do the same by ensuring that the answer to the English question goes much wider than Westminster.
12.27pm GMT
Nicola Sturgeon, Scotland’s new first minister, has been responding to the Smith Commission report at first minister’s questions in the Scottish parliament. Here are the key points.
.@NicolaSturgeon says people can vote @theSNP to get powers Scotland needs: "Thanks very much for your opening offer, now let's up it" #FMQs
.@NicolaSturgeon tells #fmqs that @stuc described #smithcommission as underwhelming and falling short of the vow.
.@NicolaSturgeon says sabre-rattling on EVEL puts delivery of new powers in question #smithcommission
So @NicolaSturgeon tells #FMQs her @scotgov would raise income tax to 50p top rate "if I was taking that decision now" #smithcommission
"how did Labour find itself on same side as the Tories, but opposite to the STUC?" Sturgeon asks #FMQs
On welfare @NicolaSturgeon "I don't just want the power to put a sticking plaster on a broken system..I want a powerhouse parliament." #fmqs
.@NicolaSturgeon tells chamber 'I don't just want power to top up Tory cuts to welfare' #fmqs #smithcommission
Sturgeon reads list of things Smith report recommends be kept reserved, including oil and gas revenues. #FMQs
.@NicolaSturgeon ask Lib Dems to support transfer of DLA and Personal Independence Payments before Westminster cuts them #fmqs
12.16pm GMT
Carmichael’s Commons statement is now over.
Conservative MPs are not exactly in total revolt, but there is considerable unease amongst them about the Smith proposals. Even though they have cross-party support, it is hard to see them sailing through parliament easily.
12.14pm GMT
Jonathan Edwards, the Plaid Cymru MP, accuses the government of treating Wales as a second-class citizen.
Carmichael says devolution in different places is proceeding at different speeds. Plaid should learn from the SNP, and see the benefit in cooperating with other parties, he says.
12.12pm GMT
Andrew Percy, a Conservative, asks why further devolution for Scotland can be decided “in the blink of an eye”, but English votes for English laws is being postponed. Why are his constituents getting “the fluffy end of the lollipop”.
Carmichael says people have been debating Scottish devolution for more than 30 years.
12.09pm GMT
Labour’s Chi Onwurah asks how Newcastle airport will be able to compete with Scotland when it has power to cut air passenger duty.
Carmichael says he favours devolution to all parts of the UK.
12.07pm GMT
Philip Hollobone, a Conservative, asks what proportion of funds given to Scotland under the Barnett formula will be cut because of the new arrangements.
Carmichael says the amount of money going to Scotland under the Barnett formula will be reduced.
12.04pm GMT
Carmichael says Westminster will retain control over elections to Westminster.
12.03pm GMT
Mark Hunter, a Lib Dem MP, asks Carmichael if he supports a similar constitutional reform for England.
Carmichael says it is not for him to tell the people of England how they govern themselves. They must decide for themselves.
11.59am GMT
Philip Davies, a Conservative, says in the Scottish referendum, yes votes and no votes are now both being taken as votes for more devolution. How were people who supported the status quo supposed to vote? And why should Scottish MPs vote on English-only laws.
Carmichael says David Cameron made it clear that a no vote was not a vote for no change.
11.57am GMT
Alec Shelbrooke, a Conservative, asks Carmichael for an assurance that, when the SNP wipes out Labour at the next election, that won’t be seen as a vote for more independence.
Carmichael says we should not try to predict the outcome of the next election.
11.54am GMT
Carmichael says, if the Scottish government wants to spend more money, it will have to raise taxes or cut spending elsewhere. “That’s how politics works,” he says.
11.54am GMT
Labour’s Kevin Brennan asks what the implications of the plans are for the Barnett formula.
Carmichael says the Barnett formula will remain, but only in relation to the share of spending not covered by the new tax powers.
11.52am GMT
The SNP’s Pete Wishart says he welcomes the proposals. He would welcome anything that would transfer powers from unelected Tories to the people of Scotland. But there is a “palpable sense of disappointment” in Scotland that the powers have not gone much further, he says.
Carmichael says Scotland had a vote on independence. Wishart lost. It is time he and his party came to terms with that lose, he says. Wishart should represent the 60% of his constituents who voted no in the referendum, he says.
11.49am GMT
Alan Reid, a Lib Dem MP, says Carmichael is succeeding where Gladstone failed.
Carmichael says he is not claiming to be as great as Gladstone.
11.49am GMT
Labour’s Thomas Docherty suggests having a referendum on these proposals. This would “flush out” where the SNP stand on them, he says.
Carmichael says the election next year will be a referendum on them.
11.47am GMT
Sir Tony Baldry, a Conservative, says he hopes these plans will lead to “healthy competition” between London and Edinburgh to set the lowest rate of tax.
Carmichael says that could be one of the consequences.
11.46am GMT
Labour’s Cathy Jamieson asks Carmichael to confirm that the Scottish parliament will take control over the work programme.
Carmichael says power over the work programme is being devolved.
11.45am GMT
Sir Edward Leigh, a Conservative, says there are a number of lacunae and inconsistencies in the report. Will Scottish borrowing be underwritten by the UK government?
Carmichael says the Scottish government will have responsibility for its borrowing.
11.43am GMT
Labour’s Sandra Osborne says she is glad that abortion has not been devolved.
11.41am GMT
Andrew Robathan, a Conservative, says the Scots voted against “mean-spirited, petty-minded and spiteful nationalism”. Yet these proposals promote that. Will these proposals cement the UK, or lead to more separation?
Carmichael says the UK constitution is “a dynamic model”. He says it is up to the English to decide what a reformed constitution working better for them would look like.
11.40am GMT
Labour’s Dame Anne Begg says these proposals go further than what was in the vow. She sees it as “the Vow plus”, she says.
Carmichael says Willie Rennie, the Scottish Lib Dem leader, described it this morning as “the Vow max”.
11.39am GMT
Carmichael says the unionist parties made a vow. They have honoured that vow.
But the SNP made a vow too, he says. They said they would honour the results of the referendum. He says they should not rule out a future referendum.
11.37am GMT
Jim Murphy, favourite in the contest to be the next Scottish Labour leader, says the welfare powers are as significant as the tax powers. Can Carmichael confirm that Scotland will get power over benefits worth £3bn?
Carmichael says that is correct.
11.36am GMT
Christopher Chope, a Conservative, asks if these reforms will proceed “in tandem” with English voters for English laws, as David Cameron at one point promised.
Carmichael says Cameron has made it clear that these changes are not contingent on what happens to England.
11.35am GMT
Ann McKechin, a Labour MP, says there is a tax gap between Scotland and England. And she suggests that rich Scots, like Brian Souter, might act to minimise their tax liability in Scotland. Can the Treasury report on this matter?
Carmichael says the government should get on and implement these powers.
11.34am GMT
Andrew Tyrie, a Conservative, says the English must have a veto on all laws that affect them. The case for this is even stronger with the devolution of income tax, he says.
Carmichael says the government understands this. That is why William Hague is chairing a committee on this issue.
11.32am GMT
Carmichael says, having sat through last month’s debate on devolution, it is clear that there is not a consensus yet on constitutional reform for the UK.
(This is Andrew Sparrow, taking over again from Haroon Siddique.)
11.30am GMT
Stewart Hosie, SNP deputy leader and MP for Dundee East, says the proposals to not represent the “Scottish powerhouse” people in Scotland thought they had been promised.
Alistair Carmichael says SNP leader and first minister Nicola Sturgeon has been given extensive powers and should make good use of them.
The @Daily_Record's front page: "The Vow delivers" http://t.co/wVvEXrOJfR
11.23am GMT
Carmichael says the recommendations will be implemented without hesitation or equivocation.
Sir Gerald Howarth, Tory MP for Aldershot, bemoans the fact that the changes have been introduced without consultation with the rest of the UK and asks whether they will simply fan Scottish separatism sentiment.
11.16am GMT
Carmichael closes by saying the agreement provides a blueprint for home rule for Scotland within the union.
The shadow Scottish secretary, Margaret Curran, is speaking now.
Today marks an important moment. There are no longer ‘yes’ and ‘nos’ just Scots with new powers.
11.10am GMT
Scotland secretary Alistair Carmichael is making a statement in the House of Commons now.
He says the Smith Commission process was “thorough and extensive”. It demanded compromise from all five of the parties involved, says Carmichael.
This is a significant achievement and an historic day for Scotland ...This work will deliver a substantial power of packages to the Scottish Parliament.
11.01am GMT
Here’s some more criticism of the role of the Westminster parties, this time from the first minister of Scotland.
Para 75 of #smith report - 'income tax will remain a shared tax'. So not 100% devolution as spun by Westminster parties.
10.59am GMT
Patrick Harvie, Green MSP for Glasgow, has accused Labour of restricting the extent of devolved powers
The #Smith report contains some powers worth having, but it will be clear to voters that Labour in particular have blocked a stronger deal.
10.56am GMT
Here’s some reaction from the Scottish Labour and Conservative parties gathered by the Guardian’s Scotland reporter, Libby Brooks:
Anas Sarwar, interim leader of the Scottish Labour party, said the Smith Commission agreement was “not in our own interests but in the interests of the Scotland and the people we serve. People wanted more decisions taken closer to home and that is what we have delivered. Today is a good day for Scotland and a good day for the Scottish parliament.”
Ruth Davidson, leader of the Scottish Conservatives, said that the Smith package was “designed, built, and delivered by Scottish Conservatives and Scottish Conservative ideas.
10.51am GMT
The Scottish Trades Union Congress has declared that it is “underwhelmed” by the Smith Commission proposals.
STUC general secretary Grahame Smith said:
We are underwhelmed by the package as a whole which does not meet our aspirations.
STUC continues to believe that control over employment law, equalities and minimum wages is a necessity if inequality is to be effectively challenged. We will continue to press for this.
10.41am GMT
Cross-party consensus hasn’t lasted long. This is from the Sunday Herald’s political editor.
Differences breaking out between Lab and Tories in Smith Comm briefings about whether Scots MPs wd continue to vote on rUK income tax rates
10.11am GMT
And this is what the report says on the crucial issue of income tax.
Income Tax will remain a shared tax and both the UK and Scottish Parliaments will share control of Income Tax. MPs representing constituencies across the whole of the UK will continue to decide the UK’s Budget, including Income Tax.
Within this framework, the Scottish Parliament will have the power to set the rates of Income Tax and the thresholds at which these are paid for the non-savings and non-dividend income of Scottish taxpayers (as defined by the Scotland Acts).
10.08am GMT
And the report says the Scottish government should have the power to create new benefits if it wants.
The Scottish Parliament will have new powers to create new benefits in areas of devolved responsibility, in line with the funding principles set out in paragraph 95. The Scottish Parliament will also have new powers to make discretionary payments in any area of welfare without the need to obtain prior permission from DWP. In addition it may seek agreement from DWP for the Department to deliver those discretionary payments on behalf of the Scottish Government. All administration and programme costs directly associated with the exercise of this power (either as a result of changes to existing systems or the introduction of new systems) will be met by the Scottish Government in line with the funding principles set out in paragraph 95.
10.01am GMT
Skimming through the Smith Commission report, I see that although it recommends giving the Scottish parliament power over Scottish elections, it also recommends an unusual “super majority” rule to stop the Scottish government changing the rules for its own advantage.
To provide an adequate check on Scottish Parliament legislation changing the franchise, the electoral system or the number of constituency and regional members for the Scottish Parliament, UK legislation will require such legislation to be passed by a two-thirds majority of the Scottish Parliament.
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