(6 years, 7 months ago)
General CommitteesIt is a great pleasure to serve under your chairmanship, Mrs Moon.
I certainly empathise with the intent behind this move: who would want to continue incurring the cost of elections for a Chamber that will have no further relevance in a few months’ time? There are the obvious additional benefits for the Conservative party, too, in that local difficulties such as Belinda Don and Alex Story can be easily swept under the carpet. Jilted candidates cannot make too much of a fuss if the principle of nomination rather than election has been established, can they? That, though, runs counter to democracy. The idea that a party, or indeed an individual in the case of independents, can simply nominate a new parliamentarian is not one that sits easily with me, and I suspect it will not sit easily with many people.
I accept that the d’Hondt system used on a list appoints rather than elects people to a casual vacancy, but at least those who were on the lists at the general election were put before the voting public. If we run down the route of nominating a party favourite who was not on the lists for the election in question, we are in danger of endorsing the idea that people can become parliamentarians without being subjected to any public scrutiny. The electorate will not have had the chance to endorse—or, more pertinently, to reject— them at the ballot box.
The Minister might be interested to know that the Scottish Parliament operates a d’Hondt system for the additional Member lists for regional MSPs, so if a list is exhausted, the seat lies vacant until the following election. That has happened. The death of Margo MacDonald in 2014 after being elected as an independent on her own list meant that her seat lay vacant for two years, before being filled at the 2016 Holyrood general election.
Personally, I would like to see Ministers take this away and have another think. It would surely be better to be short an MEP or two than to take the democracy out of the system—potentially take the democracy out of the system altogether. However, that is not what is on offer here today and I gather I will be in the minority, so I simply place on record my concerns about possible abuses of the system, and I request that the Minister keep a sharp eye out for such possible practices in future.
(6 years, 8 months ago)
Commons ChamberI know firmly that an increasing number of decisions need to be taken. That has been highlighted this week by the Northern Ireland civil service publishing a consultation on budgetary issues, showing some of the determinations that need to be made. I want to see Ministers and an Executive up and running as quickly as possible to do those things. Obviously, it needs to happen quickly, given the decisions that need to be taken.
If the Irish border deal means no regulatory divergence after Brexit, can the Secretary of State tell us where the regulatory divergence between the UK and the EU will be? Will it be in the Irish sea? Does this mean Northern Ireland is staying in the customs union and single market, or will the UK simply adhere to the rules of the customs union and single market after Brexit, without having any input into the rules?
I know the Prime Minister dealt with this in her statement on Monday, but let me say that we will be leaving the customs union and the single market. The hon. Lady talks about divergence, but actually the joint report talks about alignment, which is about pursuing the same objectives. That could be the same way, but it could be different. That is the whole point. It is about achieving those positive objectives, and that is what we will do.
(6 years, 8 months ago)
Commons ChamberIf the hon. Gentleman has concerns about the procedures of the House of Commons and the House of Lords, he can raise them through the Procedure Committee. He acknowledges exactly what happened: we had a debate; the Government listened and responded; and the Scotland Bill was amended for the better.
The Federation of Small Businesses Scotland, the Institute of Directors Scotland, the Scottish chambers of commerce, Universities Scotland and many other Scottish organisations have called for a differentiated approach to immigration for Scotland. The problems that my constituents such as Françoise Milne face have crystallised the issue and the human cost. Will the Secretary of State table amendments to clause 11 to support the devolution of immigration and visa controls to Scotland?
I do not support the devolution of immigration to Scotland. Three years ago, the Smith commission deliberated on what powers and responsibilities would be held in the Scottish Parliament and what would be held here in Westminster. It was agreed by all parties that Westminster would retain immigration.
I thank my hon. Friend for raising an important issue. I am very happy to agree with her on this. Yesterday, we learnt how the UK’s revolution in phonics has dramatically improved school standards. I pay particular tribute to the Minister for School Standards, who has worked tirelessly to this end throughout his time in the House. I also pay tribute to the hard work of teachers up and down the country. I will just give the House the figures. In 2012, 58% of six-year-olds passed reading checks; that figure has risen to 81% this year. We are, indeed, building a Britain that is fit for the future.
The position on EU citizens that I set out in my open letter is the position of the United Kingdom Government. If the hon. Lady has a complaint about something that UKVI has said, I suggest that she sends that information to the Immigration Minister.
(6 years, 9 months ago)
Commons ChamberBut that assumes that we automatically start from the position of hoarding the powers here at Westminster, and I disagree with that principle. The principle must be that when a power is currently devolved to the devolved Administrations, that power should remain devolved—it is very simple. I accept that Members might not agree with that principle, but it is fairly sensible. My amendment 164 would merely remove from section 29(2)(d) of the Scotland Act 1998, on legislative competence, the words “or with EU law”, meaning that everything else would have to be compatible with the Act.
The hon. Gentleman mentioned the hoarding of powers at Westminster. One of the biggest problems that I see with clause 11 is that, ultimately, Scottish Ministers will not be able to amend retained EU law, potentially for an indefinite period, although UK Ministers will. That is completely against the word and spirit of the devolution settlement.
It is against the spirit of the devolution settlement, but it is also against the spirit of the referendum that we heard about earlier. The Scottish people, the Welsh people and the Northern Irish people voted for devolution.
There is no doubt that clause 11 is using a sledgehammer to crack a nut. There are many other ways of legislating that would allow a transition on day one that would respect the devolution settlement. The Law Society has put forward such options. As the leader of the SNP said, the way in which the Government are using clause 11 is clear. There is no sunset provision and no timetable is attached. There is no list of powers, and there is no indication of when certain powers should be given priority. There is no commitment to intergovernmental working and there is no real commitment to devolution. We were diverted to today’s discussions in Brussels because that is part of the disrespect for the devolution settlement in this country, which is why the process has become so difficult.
I have an open mind on that, and I have fiddled around with my amendments, which have not appeared on the order paper today, to see whether we can find a way of doing that. I do not know whether this is the right Bill through which to do that—probably not—but such things are statutory in other decentralised systems. There clearly needs to be something much more formal, but we should perhaps experiment without statute first to see whether it is necessary. My Committee took evidence from one civil servant and a former Speaker’s Counsel who said, “It has worked very well for the past 300 years, so why do we need statute?” but that does not recognise that we now have competing political centres with, I repeat, competing narratives about what the constitution actually is. SNP colleagues talk about the natural sovereignty of the Scottish people, but the legal constitutional reality is that the Queen in Parliament in Westminster is still absolutely sovereign. Those things need to aired, discussed and understood.
Further to that point, the Scottish Government have consistently made it clear that they cannot support the Bill as it stands, so if the UK Government do not vote for amendment 72 tonight, would that not render the Sewel convention completely pointless and not worth the vellum it is written on?
I hear the hon. Lady’s impatience, but we need to be more patient. We are not completing the consideration of this Bill this evening, and I am encouraged by the work done by the First Secretary of State, who chaired the last meeting of the Joint Ministerial Committee and seemed to be drawing people together around some agreed principles for how joint frameworks might be approached. We all want to see that, so let us hope that that work will continue.
I do not recognise those concerns. As has been said by several hon. Members tonight, this is a matter of trust, and I accept that it is probably far easier for Scottish Members on the Government Benches to trust the Government to get on with the job of delivering the Bill as required.
As I said, the leaders of the devolved Governments have an opportunity to help shape the UK’s exit from the EU. This is important because there is a universally recognised need for UK frameworks to protect sectors of our economy heavily influenced by EU laws, particularly agriculture and fisheries, which are very important to my constituency. It is universally recognised, including by the Scottish Parliament and the Welsh Assembly, that UK frameworks are necessary and must be established, not imposed, as has been mentioned. This should be done in full partnership with the UK Government. That recognition was shared in what I thought was quite a beautiful moment between the Secretary of State for Scotland and the hon. Member for Edinburgh East (Tommy Sheppard) in a recent meeting of the Scottish Affairs Committee.
The hon. Gentleman talks about devolved Administrations being involved in discussions, but none of them is involved in the negotiations themselves, because of the UK Government’s decision to exclude them. Does he agree that in the end that was a big mistake?
The UK Government are interacting actively with the devolved Administrations, but it has to be recognised that it was the UK that voted to leave the EU and it is the UK that has the responsibility for the negotiations.
It is disappointing that the SNP is attempting to undermine the progress made by its Ministers in Holyrood on working towards UK-wide frameworks that work for Scotland. Despite the best efforts of SNP Members, the United Kingdom is still a united kingdom. To expect powers currently held by Brussels to devolve straight to the Scottish Parliament, without a transitional stage in between, is simply not practical or in Scotland’s long-term interests. I say that as someone who believes that Scotland is better off in the Union, whether or not SNP Members agree.
In conclusion, I am confident, particularly given the bending of ears by my Scottish Conservative colleagues and me, that the Government will do right for Scotland. Devolution will be strengthened, but not by these amendments.
I will say this much: it is not that I do not understand people’s concerns about clause 11, because I share some of those concerns. As the intergovernmental discussions progress and the Bill returns to this House, as it will, before it goes to the other place, it is very much my hope that there will be some greater detail in clause 11 to help all hon. Members to have a degree of confidence in its intent.
We are talking about trust, or the lack of trust, and that issue is keeping us from working out a satisfactory agreement. Steps must be taken to underpin the trust that needs to exist on both sides—the UK Government and the devolved Administrations. The UK Government will have to demonstrate trustworthiness in the way that the Bill is amended, as it must be, and the Scottish Government will have to show trustworthiness by committing themselves to the outcome of these talks to the extent that they will publicly state their support for the passage of a legislative consent motion in the Scottish Parliament. To me, that is what trust looks like.
If the UK Government genuinely wish to show willing towards the Scottish Government and their concerns about the Bill and clause 11 specifically, does the hon. Gentleman not think that powers should be devolved directly to the devolved Administrations first and then that frameworks should be agreed? One wonders what the UK Government are actually afraid of. The hon. Member for East Renfrewshire (Paul Masterton) spoke about powers being devolved when the UK Government think it is safe to do so. Why is there such concern about not sending those powers to the Scottish Government?
There are, as we have discussed, either 109 or 111 powers. The Public Administration and Constitutional Affairs Committee report lists 111. There is an issue of trust that we need to address to underpin any eventual agreement. The point is that the Bill will need to be amended. Those amendments will need to reflect where the powers will eventually rest, and whether they will go straight to the devolved Administrations on the day we leave the European Union, or if some will be subject to mutual agreements—memorandums of understanding—that will create the frameworks to support the functioning of the UK’s internal market. I hope very much that the Government will bring forward some detail to add light with regard to those issues.
On the temporary nature of these proposals, why have the Government not chosen just to put in place a sunset clause? Why is no date indicated, because the lack of one creates an enormous amount of uncertainty for everyone?
The issue around placing a sunset clause on this provision is that, in a way, it creates an artificial cliff edge. The sole purpose of clause 11 is to ensure that the UK statute book is complete on exit day. We want to ensure that we work towards common frameworks, and that we can ensure that, when we have that statute book prepared for exit day, we have common frameworks and non-common frameworks in place. Having a sunset clause creates an artificial cliff edge to work towards that date, whereas we might want to create some of those frameworks before that date, and there might need to be some corrections to the withdrawal agreement and the EU withdrawal agreement Bill that has been announced, and some deficiencies that need to be corrected. Having a sunset clause is therefore unhelpful for the purposes of this clause in itself.
Returning to the issue of the policy areas where EU law intersects with devolved competence, as I have said, common frameworks will not always be required, or can be achieved through non-legislative means like concordats, and in such cases clause 11 provides a mechanism to release decision-making powers from the temporary competence arrangement through the Order in Council procedure, giving new powers to the devolved Administrations.
I appreciate the opportunity to speak. I rise in support of amendments 72, 184 and 185. I am disappointed the Minister will not accept a single amendment or new clause tonight.
It is clear from the amendments that have been tabled, and from many speeches we have heard today, that there is general opposition among Members to the power grab in the Bill, even from people who aspire to be Whitehall Ministers and would wield that power if they did. I also think that the previous Prime Minister—the one who dragged us into this mess with his cunning plan of a referendum—would oppose it. His respect agenda did not run very far, but it did at least run. I urge the current crop of Ministers to aspire at least to clear that very low bar.
The Scottish Secretary has assured us on several occasions that powers repatriated from Brussels will be held at Westminster only temporarily. We could call that the “fluffy protocol”, or the political equivalent of “It’s only resting in my account, guv.” As yet, however, we have seen nothing to suggest there is anything coming down the road to confirm that that is guaranteed to happen. If that were the intention, surely the sensible, logical and easy thing to do would be to have a sunset clause in the Bill that would see the powers transferred to devolved Administrations timeously. Numerous experts, including witnesses to the Scottish Affairs Committee, on which I sit, have advocated that but, like several other things that should have been achieved, that has not happened.
The in-depth analyses of the effects of Brexit that were promised have not been delivered to the devolved Administrations. Some extremely superficial desk research was proffered as if it were the Rosetta stone, but the paucity of what has been delivered leads me to the inescapable conclusion that the Government have no idea what is or might be down the road, or what turns the road might be taking before we get there. The only certainty Ministers seem to have is that the map says “Here be no monsters”. Well, there are monsters, and they are in the Bill. The monsters are those that will damage devolution settlements with the tearing away of responsibility, power and resources from the devolved Administrations to be sucked into the abyss that is a Whitehall trying to deal with Brexit.
Judging by the confusion, bewilderment and disorientation that we have seen so far, just today, in fact, the aftershocks of Brexit are likely to keep hitting the UK—its economy, its international standing and its ability to attract immigrants—for decades. There are no indications that anyone in Whitehall will have the time, patience or inclination to run the rule over coming legislation to make sure that Scotland, Wales and Northern Ireland are properly considered. The devolved Administrations deserve the right to try to mitigate the deleterious effects of Brexit as much as is possible. I believe that the attitudes in each of those Administrations, including Stormont when it gets back on its feet, will differ from those here in great measure on a number of issues. My hon. Friends have already made significant reference to that issue. I appreciate that large swathes of England are about to get sideswiped by the effects of Brexit as well. They undoubtedly have cause for complaint, but I am here to speak for Scotland.
(6 years, 9 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I will be addressing that point shortly in my speech.
There are, therefore, reasons why a second Chamber should be retained. To have experts as part of the parliamentary process, able to sit outside some of the pressure of regular elections and to stay constant and think of the country’s good rather than the next election, is a benefit and a strength to the nation that should be retained. However, that does not mean the House of Lords is above reform, as I have said. All in, as the hon. Member for Edinburgh East said, there are about 825 Members in the House of Lords, with a working number of 800. That is far too large a number to be practical in terms of work, or democratically justifiable for an unelected second Chamber. The Lords must therefore be reduced in size.
Will the hon. Gentleman address the lack of clarity about appointments that are made? There was much concern following appointments made by the previous Prime Minister, when he left office. How would the hon. Gentleman want that to be dealt with in future?
I am glad that the hon. Lady has raised that point. My favourite Prime Minister is David Lloyd George, a strong Welshman who was responsible for the “People’s Budget” in 1909, and who in 1911 pushed through reforms. However, he came unstuck on the issue of Lords and patronage in the 1920s, with similar issues to those that came a century or so later. There is a need for more clarity about the appointments process. I will come on to some of the suggestions in the report, but I think the process should be strengthened and there should be greater transparency. We should make sure that there is fair and transparent way to appoint Members in all parties, as well as independents and Cross Benchers.
I welcome the report produced by the Lord Speaker’s Committee, which proposes to reduce the number of peers to 600. It advocates that any new peers should have to sign an undertaking to serve a 15-year term before retiring from the House, requiring real commitment from them. It recommends a two out, one in system for life peers to get the number down from 800 to 600. After that, there would be a one out, one in system. Finally, it proposes a democratic link through the allocation of new peers to each party according to the average between their vote share and Commons seat share at the most recent election; it also proposes keeping 134 independent Cross Benchers, reflecting the current proportion of Cross Benchers who sit in the House of Lords. Those people are not bound by party loyalty, but are there to serve their country, and provide a valuable, independent voice.
Those are all sensible suggestions. The report proposes the implementation of meaningful reform without the loss of the beneficial aspects currently supplied by the Lords. It is important that any reforms should also respect the Parliament Act 1911 and ensure that the reformed House of Lords does not undermine the supremacy of the House of Commons, which I fear a fully elected upper House just might do. It is important to respect that principle, which has underpinned our parliamentary democracy for the past century; it is just as relevant now as it was in 1911 that those who have been directly elected and who have constituency links can have the final say on laws, and make sure that they are pushed through to reflect their constituents’ views.
I agree with the hon. Member for Edinburgh East on one point: hereditary peers and Lords Spiritual. I am all for tradition, but as a democrat I cannot justifiably defend the continuation of such peers in the Lords, should any reforms be enacted. I would therefore push for the reforms to go further, with current hereditary peers allowed to complete their term, but an eventual phasing out of hereditary peers from the House of Lords.
It is a great pleasure to serve under your chairpersonship, Mr Howarth. What a very interesting debate this has been. I commend my hon. Friend the Member for Edinburgh East (Tommy Sheppard) for securing it. There have been many debates on the House of Lords over many years. Indeed, some would say that many Scots have been arguing over its very existence since at least 1707. We should recall, too, that England has been far less timid about this in the past. Under Cromwell, the English House of Lords was abolished by an Act of Parliament that stated:
“The Commons of England assembled in Parliament, finding by too long experience that the House of Lords is useless and dangerous to the people of England”.
My hon. Friend raised the issue of the House of Lords’ credibility being in crisis, which, by extension, may affect the credibility of the House of Commons. He pointed out the shameful fact that the House of Lords has had to take action to address that because, as has been made clear in both the 2015 and 2017 Conservative manifestos, the UK Government consider electoral reform “not a priority”.
The hon. Member for Ochil and South Perthshire (Luke Graham) in a characteristically passionate contribution made it clear that he supported reform, although he feels a fully elected second Chamber would be unworkable. I appreciate the fact that he wants reform, but, on his concerns about such a second Chamber being unworkable, I point out that such arrangements exist in many other countries around the world, including my country of birth: Australia.
It would be great to have some clarity on the SNP position, because we have heard a couple of different opinions this morning. The hon. Member for Inverclyde (Ronnie Cowan) talked about having a unicameral legislature such as China’s. Other Members have talked about a fully elected second Chamber. It would be great to understand from the party’s Front-Bench spokesperson what the position is: is the SNP for a unicameral legislature such as China, or a fully elected second Chamber?
In Scotland, happily, there is a long tradition of considerable consultation on these issues. I expect the people of Scotland to decide these matters after considerable consultation.
The right hon. Member for Delyn (David Hanson) spoke of his long-standing support for the abolition of the House of Lords and the need to decide on a good replacement. He also decried very much the presence of hereditary peers, which I will address.
My hon. Friend the Member for Inverclyde (Ronnie Cowan), who as always made a very passionate contribution, described the report’s recommendations as timid and highlighted the House of Lords’ many democratic shortcomings. My hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands) spoke of the SNP’s principled opposition to House of Lords membership for its representatives. I am certainly proud to be a member of a party supporting that position. My hon. Friend the Member for Glasgow North (Patrick Grady), in ebullient form, called for significant and rapid reform.
I rather admire the boldness of that statement in the Act from the English Parliament calling for the abolition of the House of Lords. I join in that sentiment and call for its abolition. I call for it to be scrapped. Many consider it to be nothing more than a retirement home for decaying politicians and people with nothing better to do than take a handout from the public purse. Some say it is a knacker’s yard for knackered politicians who refuse to accept that their time has passed. As an Australian, I have a special dislike for the idea that unelected people have a major role in governing a country. I am clearly far too young to remember Gough Whitlam’s Government, but his dismissal by an unelected Governor-General still haunts the politics of that nation.
With the help of the Library and the blog of the London School of Economics, I discovered a few things. As mentioned by my hon. Friend the Member for Paisley and Renfrewshire North, there appear to be only two Parliaments in recognised democracies that have a Chamber of wholly unelected Members appointed for life: this one and Canada’s, though thankfully the one in Canada is soon to be reformed. Even Zimbabwe’s Senate is elected, and even Bahrain’s National Assembly has a four-year term instead of lifelong sinecure.
It is time to modernise properly and, if abolition is not on the cards, to introduce much greater term limits and elections. As has been mentioned, the report seems to see some difficulty in cutting the numbers quickly, but I, too, have a few suggestions. As my hon. Friend the Member for Edinburgh East asked, why do bishops sit in the legislature? We should remove them and the remaining hereditaries; if they think they have something to contribute, they can always stand for election. Then we could institute one of the report’s recommendations, but in a far more direct form—get rid of everyone who has served more than 15 years. That would extract a couple of hundred Members. If we got rid of former MPs, we would be down to about 350. If we removed people who had served in other Parliaments or on councils, lobbyists and those rewarded for internal party work, we would be down to about 250. We could cut the ones who have not turned up or not spoken in the past three years and the number would be down further. It is easy to cut the number if people are interested in a functioning parliamentary Chamber.
As has already been mentioned, there is great concern about the criteria used to decide who is eligible for such appointments. Many argue that the second Chamber is riddled with people rewarded for blind loyalty, people who are there doing party work rather than parliamentary work, and people ennobled so that they could become Ministers because the party of government got incompetents elected instead of people who could do the job. It is considered by many to be a rotten borough and a cesspit of self-interest and entitlement. Any Government who believed in democracy would get rid of it.
The recommendation should not be one new appointment for every two Members who leave. We should ramp that ratio up—to three or four out for every one in—or hold all appointments until the number is down to below 400 at least. Alternatively, we could have it that two must leave for every one appointed and then let the appointments clean the stables. We could get rid of all the incumbents and think again about who we actually want in that Chamber—a revising Chamber, as some would have it. We could abolish it or make people stand for election. We could do practically anything to breathe new life into a museum, but what would be unsustainable would be tinkering at the edges to reduce numbers slightly over many, many years and keeping the same broken system.
(6 years, 10 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
As the hon. Gentleman will be absolutely clear, the list system for European parliamentary elections has been foisted on us, and is not one that we would have chosen for ourselves.
I was just going through the various systems. With the single transferable vote system, we can have a transferable vote down from the winning candidate or a transferable vote up from the eliminated candidate. We can have the additional member system, with a constituency member and a party vote top-up. Last year, I was fortunate to go on a visit with an all-party parliamentary group to Hungary, which operates that system. We were warmly entertained by one of the Hungarian list MPs. I asked her about that experience. There are others in this room who are more familiar with these systems, particularly in Scotland. I asked, “Are you busy as a constituency MP?” She said, “No, I don’t get any post at all. I have nothing to do, because nobody knows I exist, because there is no link to my constituency.”
Does the hon. Gentleman not think it ironic that a number of his colleagues in the Scottish Parliament were elected on the regional list system, and therefore many of the comments he is making about list MPs now apply to him? Does he consider them to be second-class MPs?
I am talking about the system for this place, one that has served us well. I have a lot to say about what is wrong with any type of PR system, and I am no more in favour of the Scottish system now than I ever was. In Northern Ireland there is a slightly different system of a single transferable vote.
Moving on to the European parliamentary elections, which were mentioned by the hon. Member for Brighton, Pavilion (Caroline Lucas), I am not against the d’Hondt formula just because it was created by a Belgian mathematician from 1878. How many hon. Members have knocked on doors and dared to asked the elector: “Do you know who your MEPs are?” I am within this bubble in the south-east region, and I can only name four MEPs for the region. What chance do others have of getting a reply they want, when they send out their letters to that faceless 10?
(6 years, 10 months ago)
Commons ChamberThe hon. Lady is right to point out that we make contributions through other organisations, particularly the European Union. After Brexit, we will ensure that that money is not only spent accountably and in a transparent way, but doing exactly what it is there to do: serving the world’s poorest and providing relief to those people who desperately need that aid support.
(7 years, 1 month ago)
Commons ChamberThank you, Mr Speaker—but I was not actually standing at that point.
The hon. Lady was standing. Self-awareness is quite an important quality in the House—
If the hon. Lady does not wish to participate in the exchange, that is perfectly all right. It is not compulsory. I call Gerard Killen.