Brexit Negotiations

Ian Blackford Excerpts

Monday 11th December 2017 Commons Chamber

[The Prime Minister]

I thank my right hon. and learned Friend for his positive comments about the stage that we have reached in the negotiations. The report that was issued is a joint progress report on the point that we have reached and the agreements that we have reached. As my right hon. and learned Friend said, it enables us to go on to the detailed negotiations on various of these issues. The area on which we have had perhaps the most detailed negotiations so far is that of citizens’ rights, which covers a range of issues relating to benefits and so forth for EU citizens who are here. Obviously, we have also had negotiations on the other elements, which are not just about Northern Ireland and the financial settlement, but about a number of issues connected with the withdrawal. Of course, that withdrawal agreement, as we have set out in this joint progress report, will be brought into UK law at the point at which that Bill is brought before this House, and this House will have an opportunity to vote on that Bill.

My right hon. and learned Friend made the point at the end about trade deals, and he is absolutely right that in any trade agreement there is a necessity for both sides to agree certain regulations, rules and standards on which they will operate. This will be no different from that; it will be different only in the sense that we are already operating on—mostly—exactly the same rules and regulations as the European Union, so we start from a slightly different place than we would do if we were negotiating with another country.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

What a difference a day makes! Yesterday, the Secretary of State for Exiting the European Union said that the agreement reached in Brussels on the UK’s withdrawal was “a statement of intent” rather than “a legally enforceable thing”. The Secretary of State was put in his place by the Deputy Prime Minister of Ireland, who tweeted:

“The commitments and the principles...are made and must be upheld in all circumstances”.

This morning, the Secretary of State hit the radio waves to reveal that the deal is “more than legally enforceable”. So, for the avoidance of any doubt, can the Prime Minister tell the House today that in no circumstances will we be returning to a hard border between Northern Ireland and the Irish Republic? Let us make that commitment in this House today.

Last week, we had the humiliating scene of the Prime Minister being forced out of the original deal by the DUP, and rushing back to London. The Government had to rewrite the agreement so as to reach the DUP’s approval. We really have to wonder who is running the UK: is it Arlene Foster or the right hon. Member for Maidenhead?

While Members on the SNP Benches welcome both sides moving into phase 2 negotiations, the next phase will be significantly tougher and it is essential that all Governments across the UK are fully involved in the negotiations on the UK’s future relationship with the EU—something that has not happened to this point. The provisions relating to Northern Ireland in the agreement raise major new questions over proposed UK-wide frameworks. Let me be clear: any special arrangements for Northern Ireland must now be available to all nations of the UK. The SNP will continue to speak with one loud and clear voice. The Prime Minister must commit today to keeping the UK in the single market and the customs union; to do otherwise would be catastrophic for jobs, workers’ rights, people’s incomes and living standards.

[The Prime Minister]

The right hon. Gentleman asked me to confirm in this House that there will be no hard border between Northern Ireland and Ireland. I have to say to him that this is not the first time that I have made that statement in this House; he can google it and find from Hansard how many times I have said it. Indeed, if he had listened to and looked at my statement, he would have learned that I said that “the joint report reaffirms our guarantee that there will be no hard border between Northern Ireland and Ireland.”

The right hon. Gentleman asks about the circumstances and anything that relates to Northern Ireland being given to Scotland. Northern Ireland is, of course, in a different position from Scotland: it is the only part of the UK that has a land border with a country that will remain in the European Union, and it is in fact already the case that there are a number of unique and specific solutions that pertain to the island of Ireland, such as the common electricity market and the single phytosanitary area. Various resolutions have already been put in place to recognise that physical relationship between Northern Ireland and Ireland.

The right hon. Gentleman asks yet again for the UK to stay in the single market and customs union. I said, again, in my statement that we will be leaving the single market and the customs union, and we will be doing that because we will be putting in place the vote that took place in 2016 to leave the EU. I repeat to the right hon. Gentleman: he talks about the statement I have made and the commitments of this Government, but it would be good for him to stand up and say he supports, as I have in this statement, the continued constitutional and economic integrity of the whole United Kingdom.

Oral Answers to Questions

Ian Blackford Excerpts

Wednesday 6th December 2017 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

May I associate myself with the remarks of the Prime Minister regarding the late Jimmy Hood and pass on the condolences of Scottish National party Members to his family and friends?

I am sure the House will also want to join me in welcoming Billy Irving, one of the Chennai six, who has arrived back in Scotland this morning.

So now we know that the deal that was done with the DUP to keep the Prime Minister in office gave the DUP a veto over Brexit. It is embarrassing that it was being briefed on Monday morning that the Prime Minister had a deal, only to take this off the table after a call with the DUP. Is this a Prime Minister who is in office but not in power?

[The Prime Minister]

What we are doing is working for a deal that will work for the whole United Kingdom. There are particular circumstances for Northern Ireland, because it is the one part of the UK that shares a land border with a country that will be remaining in the European Union. But as we look ahead, and during the negotiations, as the right hon. Gentleman will know, we are consulting and talking to all parts of the UK—the Welsh Government and the Scottish Government. We want to ensure that we get the right deal for the UK. That is the deal that I have set out: we will be leaving the European Union; we will be leaving the single market; we will be leaving the customs union; but we will ensure that we get that good trade deal for the future.

[Ian Blackford]

The clock is ticking, and we need a deal that keeps us in the single market and the customs union—to do otherwise will devastate our economy and cost jobs. Will the Prime Minister recognise that such a deal will resolve the Irish border question and protect jobs throughout the UK? Anything less will be a failure of leadership.

[The Prime Minister]

The right hon. Gentleman continues to bark up the wrong tree. We are leaving the European Union. That means we will be leaving the single market and leaving the customs union. We will take back and ensure that we can do trade deals around the rest of the world. That will be important for us. He references jobs and it will be important in ensuring jobs in this country. We will get a good deal on trade and security, because this is not just about trade for our future relationship. I set out in my Florence speech the deep and special partnership we want to continue to have with the European Union. That is about a trade deal that ensures jobs and prosperity across the whole United Kingdom.

European Union (Withdrawal) Bill

Ian Blackford Excerpts

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[David T. C. Davies]

I can say to the hon. Lady that that is exactly what I am saying to her. May I remind her that in 2003 I had an election leaflet that had the headline “No more powers for the Welsh Assembly” and I was given one of the biggest majorities of anyone in Wales? That is something to think about. So “yes” is the answer to that question.

This Government are doing a superb job. All sorts of people and the commentators will once again be, in the newspapers tomorrow trying to find little reasons to undermine this process. It is quite a complicated process, but I say from the bottom of my heart that I think these Ministers are doing a superb job, and they are being supported not just by their Back Benchers or all those who voted to leave the European Union, but by a majority of people in Wales, who also voted to leave the EU and are not being respected by the Labour party, Plaid Cymru and whatever is left of the Liberal Democrats. More power to them, and I look forward to joining them in the Lobby tonight.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Before I begin, I wish to pay tribute to the former hon. Member for Clydesdale, and for Lanark and Hamilton East, Jimmy Hood, who served this House between 1987 and 2015 and whose sad death we learned of today. I knew Jimmy, having been a constituent of his for a number of years, and I would like to pass on condolences from everyone on our Benches.

I will speak to amendments 72 and 184, which stand in my name and that of my hon. Friend the Member for North East Fife (Stephen Gethins), as well as the remaining amendments standing in the names of Members from these Benches. First, I wish to update the House on the St Andrew’s day meeting in Edinburgh last week, where the Scottish Government and UK Government met to discuss the Bill and its impact on devolution. The talks were constructive and progress was made in some areas, especially on the subject of frameworks, a matter I will come to later in my speech. However, there is a long way to go on this Bill and, as it stands, the Scottish National party cannot and will not support it.

Clause 11 is a bare, naked power grab and it completely undermines the devolution settlements across the United Kingdom. The right hon. Member for Wokingham (John Redwood) often speaks about the UK taking back control from the EU, but this Bill tramples all over the devolved competences of the Parliaments in Edinburgh, Cardiff and Belfast. The Scotland Act 1998, which established the Scottish Parliament, establishes all matters that are reserved. What is happening here is that, without agreement, Westminster is taking back control over matters that are devolved, without having shown due respect and negotiating appropriately with the devolved Administrations.

We are willing to compromise and reach agreement, but we are some distance from that point. The UK Government have failed to see a sense of urgency in concluding an arrangement with the devolved Administrations. Despite our protestations, there was too long a delay in arranging meetings of the JMC, and the Government here in Westminster have to take responsibility for that. Fundamentally, nothing can be agreed until agreement is reached on both frameworks and amendments to the Bill.

The SNP’s amendments seek to remove the power grab and protect Scotland’s devolution settlement. Amendment 72 is a simple and straightforward one.

[Stephen Kerr]

What are the circumstances in which the right hon. Gentleman would vote for, and what are the changes he would have to see in, clause 11?

[Ian Blackford]

If the hon. Gentleman bears with me, I will take him through that in my speech.

The fundamental point is that we must protect the interests of the Scottish Parliament. I say to the hon. Gentleman and his friends: are they willing to join us in the Lobby tonight to make sure that we do not have that naked power grab against the interests of the Scottish Parliament and the Scottish people, or will they simply be the poodles of the Prime Minister? Are they going to stand up for Scotland—Ruth Davidson has talked about that—or are they going to fail tonight to stand up for Scotland, which they said they would do when they got here?

[Douglas Ross (Moray) (Con)]

Does the right hon. Gentleman accept that his tone and language in this debate are quite different from what his Ministers say when they come out of their meetings with UK Government officials? We should reflect on the progress that has been made to date, rather than continually try to find a political divide on this most important of issues.

[Ian Blackford]

A simple one-word answer: no.

Amendment 72 is simple and straightforward. It seeks to ensure that all the devolved Administrations have a vote on approving clause 11 before it can come into effect. The principles behind the amendment are critical. Scotland, Wales and Northern Ireland have been told time after time that this is a Union of equals. There must be equality in the Brexit process and every corner of the UK must be heard.

[Ian Murray]

We had a very good briefing, as we always do, from the Law Society of Scotland. It concludes, after several paragraphs of different suggestions on how this could be done more practically, that this is essentially a political decision. Does the right hon. Gentleman share that view?

--- Later in debate ---

[Ian Blackford]

Absolutely. When so many people have worked so hard over many generations and many decades to establish the Scottish Parliament, this attack on the competences of the Scottish Parliament by the Government is absolute bare-faced cheek.

The Tory Members of Parliament from Scotland should remember what they said: that they are here to stand up for Scotland. Tonight they have their opportunity. Are they prepared to see this power grab against the Scottish Parliament? Are they going to vote to take powers back from the Scottish Parliament to Westminster? That is the simple choice that Conservative Members of Parliament face tonight.

It is deeply depressing that the UK Government did not even bother to consult the devolved Administrations on the legislation before publishing it. Where is the respect when they cannot even talk to their colleagues in the devolved Administrations as they should do? I am sure that that obvious act would have saved many of the problems and headaches the Government now face over the devolved aspects of the Bill.

[Stephen Doughty]

I was happy to put my name to amendment 72 because it is not about whether we want this Brexit Bill to go forward or not—a leaver or a remainer could support amendment 72—but about respecting the constitutional settlement and respecting the rights of the Welsh Assembly, the Northern Ireland Assembly and the Scottish Parliament.

[Ian Blackford]

I am very grateful for the hon. Gentleman’s remarks. He is absolutely correct. Amendment 72 is about protecting the interests not just of the Scottish Parliament and Government, but of the Administrations in Wales and Northern Ireland.

A point was made earlier about where sovereignty lies, but this House has to be very careful about going against the wishes and the democratic institutions that have been established in all the devolved areas. We play with that at our peril. I am delighted that amendment 72 has gathered support across the House. I sincerely hope—I plead with them—that the Scottish Conservatives join us and support it tonight. Let us all stand up with one clear and united voice, defending the interests of the Scottish Parliament. Do that tonight—stand up for Scotland. It is their moment to stand up and defend the devolution settlement.

[Mr Alister Jack (Dumfries and Galloway) (Con)]

Can the right hon. Gentleman please tell me one of the 109 powers that is not already implemented at a devolved level?

[Ian Blackford]

I am not quite sure what the hon. Gentleman is referring to. If he had listened to what the Scottish Government have said, he would know that 111 devolved competences are being interfered with. That is the salient point.

When the Scottish Parliament was established, the Scotland Act 1998 defined matters that were reserved. Those matters that were not reserved were devolved to the Scottish Parliament. Areas such as agriculture, fisheries and the environment are fully devolved. In this Bill, powers over agriculture, fisheries and our environment are being taken back to Westminster. I say with all due respect to the Conservatives: do you want to trample over the powers that the Scottish Parliament has over these areas?

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the right hon. Gentleman, but he knows what I am going to say: I am not going to trample over anyone—well hardly anyone—this afternoon. I would be grateful if he addressed the Government as the Government.

[Ian Blackford]

My sincere apologies, Mrs Laing. You are right to reprimand me, and I apologise. I am talking about the powers that the Government are taking back—the naked power grab that is taking place against the Scottish Government.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

The Secretary of State and the United Kingdom Government have made it absolutely clear that, after Brexit, the Scottish Parliament will be much more powerful than it is today. Despite that the right hon. Gentleman continues to stand and spout those views. That is just not the case. Our job is to protect Scotland’s place within the United Kingdom and within the internal market of the United Kingdom. Can he tell me the value to Scotland of the rest of the UK trade compared with the value to Scotland of trade with the EU?

[Ian Blackford]

My goodness, that really does demonstrate that they are not getting this. Purely and simply, it is about the powers that are being taken back from the EU that will sit here in Westminster. The Scotland Act is very clear about the areas that are devolved and the areas that are reserved. It comes to this fundamental point: are Conservative Members who have been sent here from Scottish constituencies going to defend the interests of the Scottish Parliament, or are they simply going to go through the Lobby tonight and speak up for London? Are they speaking up for Scotland or for London? That is the question that the Tories face tonight.

[Several hon. Members rose—]

[Ian Blackford]

I wish to make some progress. I will happily take interventions later.

By supporting the amendment, the Scottish Conservatives would give power over how this Bill impacts the devolved Administration to the Scottish Parliament. I am sure Conservative Members will agree with their colleagues—and their leader—in the Scottish Parliament that our own Parliament should have the ability to debate and effect clause 11 and vote on its inclusion in the Bill.

Amendment 184 is a consequential amendment linked to amendments 164 and 165, tabled by the hon. Member for Edinburgh South (Ian Murray). The SNP’s amendment 184 would support amendments 164 and 165 in changing the definition of devolution issues in the Scotland Act 1998. The SNP will work with Members across this House when and where we can. Our joint amendments show just how serious we are about sending a strong message to this Government. However, it is with regret that new clauses 64 and 65, in the name of the official Opposition, do not go far enough for us on the SNP Benches. It is a concern that new clause 64 seeks to place the UK Government in control of joint frameworks and does not recognise that they should be joint creations of the two Governments.

New clause 65 grants the JMC only a consultative role. That is not good enough for the so-called “nation of equals”. We now get to the heart of the problem with this clause. The European Union (Withdrawal) Bill represents the biggest threat to the devolved settlement since the Scottish Parliament reconvened in 1999. Clause 11 seeks to restrict the Scottish Parliament’s legislative competence over EU law and aims to keep all the powers coming back from Brussels, which are under the remit of the Scottish Parliament, firmly in the grip of Whitehall officials. The outrageous way in which this legislation was drafted has united the Governments in Scotland and Wales.

After publication of the Bill, the First Ministers of Scotland and Wales published a joint statement warning against this power grab and stating that the Bill does not deliver on the promise to return powers from the EU to the devolved Administrations. That consensus highlights the extent of the problem with the legislation and the extreme power grab facing the devolved Administrations. We want to keep power where it belongs—in the Scottish Parliament.

[Douglas Ross]

The right hon. Gentleman says that he wants to keep the powers where they are. Does he therefore accept that he is saying that the SNP wants powers to come back from Europe to Scotland, and for Scotland to become independent to shove those powers straight back to Europe again? Those are views that ensured that the people of Moray voted for a Conservative, rather than an SNP, representative this time.

[Ian Blackford]

I do not appreciate the hon. Gentleman’s tone. We cannot get away from the simple fact that this legislation is trampling over the powers of the Scottish Parliament.

[Lucy Frazer]

The right hon. Gentleman keeps saying that we are trampling on powers that Scotland has, and I just want to correct him. Regardless of what he thinks of the principle, the position—as a matter of law—is that these powers are now vested in the EU. The Supreme Court said in paragraph 130 of the article 50 case judgment:

“The removal of the EU constraints on withdrawal from the EU Treaties will alter the competence of the devolved institutions unless new legislative constraints are introduced. In the absence of such…restraints, withdrawal from the EU will enhance the devolved competence.”

Is the right hon. Gentleman saying that the Supreme Court is wrong?

[Ian Blackford]

The simple fact is that the Secretary of State and others have been asked on a number of occasions to name one power—just one—that will come back to the Scottish Parliament, and they have failed to do that. I do not know whether the hon. and learned Lady has ever read the original Scotland Act 1998, but she seems to ignore the fundamental point of all this, which is that the Scotland Act defines what is devolved and what is reserved. The only powers that are reserved are those expressed in the Scotland Act. It excludes fisheries, agriculture and the environment. I would think better of the hon. and learned Lady, who I know has a background in law, if she actually read the relevant documents. She would then understand exactly why people in Scotland and in Wales recognise this legislation for what it is; it is about taking back control.

[Ian Paisley (North Antrim) (DUP)]

On that point, does the right hon. Gentleman agree that, if another region of the United Kingdom were offered “regulatory alignment” outwith the rest of the United Kingdom, it would be a real trampling on the rights of the Scottish people and the Scottish Parliament?

[Ian Blackford]

Indeed, although I am not quite sure what the hon. Gentleman is referring to when he talks about regions, because we always say that this should be about an equality of nations within the family of nations of the United Kingdom. The issue of sovereignty has been raised in that context. We should remind the Committee that, although we often hear about parliamentary sovereignty, that does not apply in Scotland because the legal case that prejudices our position is MacCormick v. the Crown in 1953, which established that parliamentary sovereignty is a purely English concept that has no counterpart in Scottish constitutional history. It is the people of Scotland who are sovereign.

A recent survey by 38 Degrees shows that 62% of Scots want the responsibility over devolved areas currently held by Europe to be transferred straight to the Scottish Parliament. That is the settled will of the people of Scotland.

[Paul Masterton (East Renfrewshire) (Con)]

Will the right hon. Gentleman give way?

[Ian Blackford]

I will give way later.

The Scottish and Welsh Governments have tabled a number of key amendments to the Bill—amendments 164, 165, and 183 to 188—through SNP Members and Labour Members. I am delighted that these amendments have all been selected for debate today, and I will leave my friends to speak to the amendments in their own names. It must be recognised that there is deep disapproval from the devolved Administrations in Cardiff and in Edinburgh about not only how this legislation was drafted, but the extent to which it disrupts the functioning of devolved competences.

During the referendum campaign last year, Scotland was promised all sorts of powers. The Environment Secretary told BBC Scotland that Scotland would get immigration powers with a leave vote. The former Member for Birmingham, Edgbaston promised Scotland powers over fishing and agriculture. But here we are, 17 months after the referendum. There are no new powers for Scotland. In fact, Brexit means Scotland losing powers. [Interruption.] I can hear huffing from the Government Benches. I invite any Government Member to rise now and name one power—just one—that will come back to Scotland as a consequence of Brexit.

[The Secretary of State for Scotland (David Mundell)]

At the start of his remarks, the right hon. Gentleman sought to give us feedback from the meeting that I held with the First Minister and Deputy First Minister of Scotland and the Minister responsible for exit. If the right hon. Gentleman had been party to those discussions, he would know that all 111 powers were subject to discussion between the two Governments, and the two Governments will bring forward their proposals in due course. This power grab talk and this naming one power—it is pantomime. What this Government are involved in is the reality of negotiating a way forward on this matter.

--- Later in debate ---

[Hon. Members]

Hear, hear!

[Ian Blackford]

I can hear Conservative cheering, but what a waste of time that intervention was. The question was very simple: name one power coming back to Scotland. Once again, the Secretary of State for Scotland, who is London’s man in Scotland—far from being Scotland’s man in the Cabinet—was not able to demonstrate that one single power is coming back to us. It is 17 months after the referendum, and we are no further forward. The clock is ticking, and every single power, as things stand, is coming back to Westminster. That is the reality. The Secretary of State, like his colleagues from north of the border, has failed to stand up and protect Scotland’s national interest.

[Paul Masterton]

Is the right hon. Gentleman not just demonstrating how out of the loop he is with his own party, given that the Brexit Minister, Mike Russell, knows full well what those discussions have been about? Secondly, is the position of the SNP at Westminster different from that in Holyrood, because the SNP there has said explicitly that it agrees that agriculture and fisheries are areas where UK frameworks will be needed?

[Ian Blackford]

I am surprised at that intervention from the hon. Gentleman. I expressed right at the outset of my speech that we recognise that progress was made, but that progress has not been sufficient to justify the SNP supporting this Bill tonight. The whole point about our position is that we want to see frameworks in place, but we can move forward on that only when the UK Government are prepared to negotiate. Why was there a six-month period when the Joint Ministerial Committee did not meet? If there is any blame in this matter, it lies with those on the Government Benches.

I can tell the hon. Gentleman that there is not a fag paper between the position of the SNP on these Benches and that of our colleagues up the road in Holyrood. We are united, which is more than can be said of the Conservative party, because Ruth Davidson is delivering a very different message from the one that is being delivered by the Conservatives down here. Ruth Davidson recognises the threat to Scotland of being out of the single market and the customs union. The Scottish Conservatives would serve the interests of the people of Scotland if they recognised that there is an economic threat from being outwith the single market and the customs union.

[Mr Grieve]

If I may say so, I have sympathy with the point that is being put across—that the way in which the Bill is drafted seems to be excessively stark and to fail to take account of the sensitivities of the devolution settlements. However, I am afraid I cannot join the right hon. Gentleman on the rhetoric, because, ultimately, as a United Kingdom, which is what we are, there has to be flexibility in reaching a sensible way forward in the light of a change in circumstance. If I may gently say so to him, because I participated actively in the debates on the devolution legislation of 1997, it was always acknowledged then that devolution was not just a one-way street; for it to work, we required that flexibility of dialogue between Cardiff, Edinburgh, Belfast and London to reach solutions and not just to get anchored on principles. While I am respectful of the point he is trying to make, I suggest to him that that might be a sensible way forward.

--- Later in debate ---

[Ian Blackford]

I thank my right hon. and learned Friend, if I may call him that, for that intervention. I always listen carefully to what he has to say, and I think that, in some respects, he makes my point. Way back last December, the Scottish Government published a paper about achieving compromise, and that is the position we have always taken. We fully recognise that we have to get to a situation where we can compromise and where we need to have joint frameworks. The nub of this argument is where the powers should lie when they come back from the EU. It would be far better if they came back to the Scottish Parliament, so that we could agree a framework; as it is, the UK has grabbed the powers and is failing to discuss these matters adequately—not just with the Government in Edinburgh, but with the Government in Wales.

The Bill returns powers solely to the UK Government and Parliament, imposing new restrictions on devolved legislatures. Scotland is getting used to Labour and Tory politicians promising all sorts of things during referendums but never delivering them. It is astonishing that just three years ago the Conservative and Labour parties were telling the people of Scotland that the biggest threat to the economy and EU citizenship was an independent Scotland—“Vote no to protect the UK’s EU membership!” Let us think about that for a minute. Now we are losing our EU membership. The economy is already seeing the effects, inflation is up and the fall in the pound and living standards has been the consequence.

The reality is that Brexit is making us poorer before it even takes hold. Our prosperity is under threat. Meanwhile, the UK Government are attempting the biggest power grab since 1999.

[Ian Murray]

I am grateful to the right hon. Gentleman, whose amendments I will support this evening; I believe the SNP will be supporting Labour’s. In that spirit of consensus, may I probe a little further into what he is saying about the independence referendum? I have still to find anyone who supports independence who can explain to me how they think the EU single market is such a good thing but the UK single market is not.

[Ian Blackford]

The answer is very simple: we would not be leaving the single market of the UK. We are hoping to protect the interests of the people of Scotland. The simple matter in front of us at the moment, as identified by the Fraser of Allander Institute, is that we run the risk of losing 80,000 jobs in Scotland if we are outwith the single market and the customs union. A decline in wages of £2,000 per person—that is the reality of the threat. We are seeking to protect the interests of the people of Scotland.

[Ian Murray]

Will the right hon. Gentleman give way?

[Ian Blackford]

I am going to make some progress.

The enormity of clause 11 has been highlighted by numerous legal experts. Professor Alan Page noted that the Bill proposes a massive increase in the power of UK Ministers to legislate in the devolved areas. Professor Richard Rawlings noted:

“The sooner clause 11 is cast aside, the better.”

Professor Stephen Tierney has noted a confusion around the Bill, made even more problematic by the fact that the interpretation of devolved competence will become an area of constant fluctuation.

In evidence to the Scottish Parliament’s Finance and Constitution Committee in early November, the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), stated that it was “quite possible” that the clause restricting the Scottish Parliament’s competency would be “substantially reduced”. We are having this debate today without any action having been taken. I am deeply disappointed that the Government should have found time to table an amendment on the date of Brexit, but have failed to table anything rectifying the mess they have made of clause 11. The House of Lords Delegated Powers and Regulatory Reform Committee report even concluded:

“The Order in Council powers in clause 11 and Schedule 3 are inappropriate and should be removed.”

Secretary of State, why has that not happened?

The problem with clause 11 is not just the power grab. The Law Society of Scotland has raised concerns around the modifying of conferring power by subordinate legislation to modify retained EU law. It highlights that it is not clear what Acts of the Scottish Parliament the new provision will apply to. The Bill suggests that the provision is not intended to be retrospective and will apply only to post-exit Acts of the Scottish Parliament. But what exactly is such an Act—an Act enacted on or after exit day? That would mean that legislation would be required to comply with that restriction even if it was introduced months before exit day and even if it had been passed by the Scottish Parliament before exit day.

Following the mounting pressure, lists of questions and growing criticism, the UK Government brought forward a plan of common frameworks. Although we on the Scottish National party Benches recognise that common frameworks that replace EU law across the UK may be needed in some areas, the competence in matters otherwise devolved should revert to the Scottish Parliament. The scope and content of any UK-wide framework must be agreed rather than imposed. That is the fundamental point. We welcome the Secretary of State’s commitment to that principle.

Although the UK Government have indicated that they wish to develop common frameworks, it is not currently clear how policy within those frameworks might be agreed. The Law Society of England and Wales has called for discussions about where common frameworks will remain and the extent of their scrutiny. Professor Michael Keating has warned of the UK Government creating a “hierarchical model of devolution” through the frameworks. With clause 11 in place, agreement can never be reached, as the price of UK Government demands for an agreement would be reservation of the matter, putting the terms and operation of the common frameworks beyond the powers of the Scottish Parliament. Reading clause 11 leaves me in no doubt of that. Whoever drafted it had absolutely no understanding of the devolution settlements of the Scotland Act 1998.

The Scottish Government have published the 111 powers at risk in clause 11 of being held centrally in London despite falling under devolved competencies. Those powers range from agriculture, to justice, to environmental standards. Devolution has meant the divergence of policy across the UK. The Climate Change (Scotland) Act 2009, passed unanimously in the Scottish Parliament, established Scotland as a world leader in tackling climate change. As the UK Government seek continually to catch up, any holding centrally in London of powers that affect this policy divergence will not only hold back the progress Scotland has made on environmental matters but prevent any legal measures that aim to deliver phased introductions on any proposal.

The confusion around the effect of clause 11 deepens. When asked multiple times, as I have done, to name just one power that is currently coming back, the Secretary of State has not been able to do so. Yet the Cabinet Office says that

“anything”

the devolved Administrations

“could do before we leave the EU, they will able to do after we leave”.

The truth is that this Bill does not provide for a single new decision-making power for any of the devolved legislatures. Everything goes to London, and it is for London to decide what ultimately happens to these powers. Where is our sovereignty in all this? Where is the sovereignty of the people of Scotland?

The Scottish Government have been clear that there is no way the Scottish Parliament can grant a legislative consent motion until this Bill is drastically dealt with. If no progress is made today on the amendments tabled in the names of Scottish and Welsh Members, there will be no change in that position. Let me make it clear: we do not want to be in the position of not granting a legislative consent motion. We want to do that, but in order for us to do so, the Government have to respect the powers that should sit in the Scottish Parliament. [Interruption.] The hon. Member for Stirling (Stephen Kerr) is saying, “Really?” We have tried to engage in this process constructively; it would be great if the Conservatives would engage in the same way.

[Stephen Doughty]

Is the right hon. Gentleman genuinely surprised that there has not been progress on some of the reasonable amendments that have been tabled on a cross-party basis, given that the Secretary of State for Scotland himself said to the Scottish Affairs Committee that

“it may be that some amendments can be accepted with a little bit of modification”?

I would have hoped that by this stage the Government would have made more progress on some of the very reasonable amendments that have been tabled.

[Ian Blackford]

The hon. Gentleman makes an important intervention. We are 17 months on from the vote and we are at a very important stage of this Bill.

We are trying to negotiate on the basis that we recognise the threats that we are facing. It is incumbent on the Government to recognise that we have to get agreement between the Government in London and the Governments in Edinburgh, Cardiff and Belfast. It saddens me that we are having eight hours’ debate today and will have eight hours’ debate on Wednesday, and the Government’s approach just seems to be that they are listening. How long does it take them to listen, and how long does it take them to respond to the fact that they are trampling over the powers of the devolved Administrations? The Government in Edinburgh and SNP Members are making it absolutely crystal clear that we do not want to be in the position of a legislative consent motion being withheld. We want to make sure that we can strengthen this Bill to the advantage of everybody, but we need to get the position from the UK Government that they are prepared to respect the Administrations in Edinburgh, in Belfast and in Cardiff.

[Joanna Cherry]

There is a lot of scoffing on the Government Benches. Three Committees of this House have heard evidence about clause 11—the Scottish Affairs Committee, the Exiting the European Committee, and the Public Administration and Constitutional Affairs Committee—and the weight of that evidence from a number of senior, distinguished lawyers from both north and south of the border has been that there are very real concerns that clause 11

“drives a coach and horses through the devolution settlement”.

Those are not the SNP’s words but the preponderance of evidence heard by Committees of this House.

[Ian Blackford]

My hon. and learned Friend makes a strong case. That is why the Government should listen to her, and to the other reasonable voices that have spoken this afternoon and at other times. The Government have to recognise that they are playing with the powers that have been established under various Scotland Acts, and that is not right. The evidence is there from academics and from the Select Committees of this House that have made judgments on the matter, and the Government have a responsibility tonight to reflect on it. They must not push the matter into the long grass and say that they are listening; they have to show that they are prepared to take action.

I will sum up, because I know that many others want to speak. With the overwhelming evidence from experts in the legal profession showing how flawed clause 11 is, the best thing the Government can do is to accept that the Bill needs to be fundamentally amended. They can do that this evening, by accepting the joint Scottish and Welsh Government amendments. Common frameworks will not prevent the imminent constitutional crisis that clause 11 will create. The Government must change this Bill.

--- Later in debate ---

[Ross Thomson]

The hon. Gentleman will want to hear this point, believe me. The SNP is only stronger for Brussels, while the Scottish Conservatives deliver for Scotland yet again with an even stronger Scottish Parliament. Perhaps the right hon. Member for Ross, Skye and Lochaber (Ian Blackford)—he has just come back into the Chamber; that is terrific timing—should reflect more on the comments in his speech. He says that the people of Scotland are sovereign. If that is the case, he should respect the sovereignty of the people of Scotland who said no to independence in 2014, and who rejected in 2017 the SNP’s premise of a second independence referendum. Unlike the SNP, Scottish Conservatives will continue to deliver for Scotland, and for its businesses, communities and people.

[Ian Blackford]

I should point out to the hon. Gentleman that, when we appeared in front of the Scottish electorate in 2016, we won a mandate to deliver a Scottish referendum if Scotland was dragged out of the EU, the single market and the customs union. Lastly, we have got 35 MPs; we won the election in Scotland.

[Ross Thomson]

In 2016, the SNP went into the election with a majority in Holyrood and lost it. The SNP now depends on the votes of the Greens to see through its legislation, its budget and a second independence referendum. The right hon. Gentleman mentioned the election in June. I do not know whether he has looked behind him, but 21 of his colleagues have gone missing, including the former leader of the SNP, Alex Salmond, and the party’s leader in Westminster, Angus Robertson. In that election, it was quite clear that the people of Scotland wanted to send the First Minister a message: “In 2014, we said no and we meant it.” That is why there are fewer SNP Members here than there were. There may be 35 of them, as the right hon. Gentleman says, but 13 Scottish Conservatives have achieved more for Scotland in five months in the last Budget than 56 SNP MPs ever did in two years.

I want to get back to my previous point. We will always stand up for Scotland’s businesses, communities and its people.

--- Later in debate ---

[Brendan O’Hara]

The hon. Gentleman is absolutely right. This is why my constituency, his constituency and the constituency of my right hon. Friend the Member for Ross, Skye and Lochaber all voted to remain in the European Union. As things stand, all the powers connected to agriculture will go to London post-Brexit. It will be London that decides what happens.

[Ian Blackford]

My hon. Friend is making a first-class contribution to the debate. I declare an interest as a crofter. Is it not the case that the UK Government have form on this? When they were given convergence uplift money in 2013, there was a distinct intention that 86% of those funds should come to Scotland, yet they have given us only 16%. The Secretary of State for Environment, Food and Rural Affairs, who is sitting on the Front Bench, made sure that Scotland did not get what it should have done. We have been short-changed by Westminster. It is little surprise that we do not trust Westminster to look after us in this regard.

[Brendan O’Hara]

I thank my right hon. Friend for that intervention. I will touch on that issue in a moment.

Let us be clear that this is not just an SNP argument. The National Farmers Union of Scotland has made it absolutely clear that any move to impose what it describes as “DEFRA-centric policy” is completely unacceptable to Scotland. I agree wholeheartedly with the union when it states:

“The Scottish Government must retain the ability to manage, support and implement schemes, policies and regulations as it currently does”.

If the UK Government are serious about protecting Scottish agriculture, I suggest they listen to the president of the NFUS, Andrew McCornick, who has made it clear that the union’s priorities include securing friction-free trade, access to skilled labour and a support package specifically designed for Scotland. He was absolutely spot-on when he said that maintaining access to the single market and the customs union was essential for Scotland’s farmers. On today of all days, if a deal can be found for one part of the United Kingdom to remain in the single market, there can be no other reason than political pig-headedness that such a deal cannot be found for Scotland.

Oral Answers to Questions

Ian Blackford Excerpts

Wednesday 29th November 2017 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

May I join the First Secretary in congratulating Prince Harry and Meghan on their engagement, and wish them a long life and happiness together? May I also welcome the Moderator of the General Assembly of the Church of Scotland, the Right Reverend Derek Browning, who is with us in the Gallery today?

Will the First Secretary of State now tell the House how much money the UK Government have received from Saudi Arabia as a result of arms sales since the war in Yemen began?

[Damian Green]

I am afraid that I do not have the figure to hand. However, I urge the right hon. Gentleman to recognise that our defence industry is an extremely important creator of jobs and prosperity, in Scotland as well as in other parts of the country. Obviously I am aware of the current terrible situation in Yemen, but he should also recognise that this country has one of the most rigorous and robust defence sales regimes in the world, as was recognised in a court case last July—and we are absolutely determined to maintain the most rigorous and robust system because that is the right thing to do, both for our prosperity and to ensure that we keep proper control of arms sales.

[Ian Blackford]

That was a long time to be unable to answer the question. I can tell the First Secretary that the UK Government have received £4.6 billion from selling arms to Saudi Arabia since the war in Yemen began—a war that has created a devastating humanitarian crisis. Yemen is now on the brink of famine, and UNICEF has said that 150,000 children will die by the end of the year. Does the First Secretary not agree that the best thing the Prime Minister can do in her meetings today is follow the example of the Netherlands and suspend licences for arms sales to Saudi Arabia to stop killing children?

[Damian Green]

I should correct something the right hon. Gentleman said: that the Government receive the money. It will be the companies that receive the money, and therefore their workers. He can take that position if he wants, and it was the Labour party’s position as well, but that would certainly entail significant job losses.

It is very important not only that we have the robust regime I talked about, but that we continue the humanitarian efforts that we make to try to alleviate the terrible conditions in Yemen. We are the fourth largest humanitarian donor to Yemen, and the second largest to the UN appeal. I also remind the right hon. Gentleman that the involvement of the Saudis in this conflict came at the request of the legitimate Government of Yemen and has UN Security Council backing. That is why we support it. This is a conflict supported by the UN Security Council, and I would hope that the right hon. Gentleman will have some respect for the Security Council.

Oral Answers to Questions

Ian Blackford Excerpts

Wednesday 22nd November 2017 Commons Chamber

[The Prime Minister]

I am happy to give my hon. Friend that commitment. As she and others will know, we already have some of the highest animal welfare standards in the world, and as we leave the EU, we should not only maintain, but enhance them. We have already set out our proposals to introduce mandatory CCTV in slaughterhouses; to increase sentences for animal cruelty to five years; to ban microbeads, which damage marine life; and to ban the ivory trade to help bring an end to elephant poaching. We also recognise and respect the fact that animals are sentient beings and should be treated accordingly. The Animal Welfare Act 2006 provides protection for all animals capable of experiencing pain or suffering which are under the control of man. But I reaffirm to her that we will be ensuring that we maintain and enhance our animal welfare standards when we leave the EU.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Can the Prime Minister tell the House how many jobs have been lost this week with the departure of the European Medicines Agency and the European Banking Authority from London?

[The Prime Minister]

Of course, we are seeing those two agencies leave the UK and go elsewhere in the European Union. The right hon. Gentleman talks about the number of jobs being created, and under this Government we have seen 3 million jobs being created. That is a record I would have thought even he would be willing to welcome.

[Ian Blackford]

But of course the Prime Minister refused to answer the question. Let me tell her, just so that she is aware of the cost of the hard Tory Brexit, that losing the EMA and EBA means losing more than 1,000 jobs. The Bank of England has told us that the City will lose 75,000 jobs. Jobs are already gone and jobs are going; Brexit is already biting. Will the Prime Minister recognise that exiting the EU is losing jobs and sector excellence from the UK?

[The Prime Minister]

I recognise, as I said, that those two agencies are leaving the UK. The right hon. Gentleman talks about numbers of jobs being lost, so I repeat: since the Conservatives came into government 3 million jobs have been created—that is 3 million more people in work. That is 3 million more people able to provide an income for themselves and their families.

Oral Answers to Questions

Ian Blackford Excerpts

Wednesday 25th October 2017 Commons Chamber

[The Prime Minister]

I thank my hon. Friend for raising this issue. As she has just said, I know this is an area where she tragically has personal experience. I would like to commend her for the work she has done in this important area and for championing these causes. She is right: launching a lifeboat whenever a fishing vessel is overdue may be the wrong decision. It could, as she says, be dangerous for the crew involved. That is why the coastguard takes the time to gather valuable information before deciding how best to respond. On the issue she raises, a number of grants are available from various safety schemes. I encourage all those involved in fishing to make the most of the grants that are available.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Does the Prime Minister agree that migration is key to delivering sustainable economic growth?

[The Prime Minister]

What is absolutely key is ensuring we have controlled migration in this country. That is what the people of this country want and what the Government are delivering.

[Ian Blackford]

An American couple, the Felbers, moved to Scotland and invested £400,000 to run an award-winning guesthouse in Inverness. They contribute to their community and the local economy, yet they will be deported because of a retrospective change to Home Office rules. Will the Prime Minister meet me and their MP, my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), to discuss this case and the systemic problems with UK migration?

[The Prime Minister]

There are no systemic problems with UK migration. My right hon. Friend the Home Secretary is happy to meet the right hon. Gentleman to discuss the case he has raised, but it is absolutely right that the Home Office work to ensure that the immigration rules are properly applied and that action is taken according to those rules.

European Council

Ian Blackford Excerpts

Monday 23rd October 2017 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I thank the Prime Minister for an advance copy of her statement.

I welcome some of the conclusions from the Council summit, particularly on migration and the stronger commitment on resettlement. The Scottish National party also welcomes the united approach on sanctions against North Korea and fully endorses the EU’s call for North Korea to

“abandon its nuclear and ballistic missile programs”.

However, it is of deep concern that the ongoing crisis in Catalonia was not covered. EU citizens were brutally thrown to the floor while exercising their right to vote, and a Parliament was stripped of its constitutional status. What representations did the Prime Minister make to address that democratic outrage?

Last week, the EU27 voted unanimously to declare that there had not yet been sufficient progress on leaving the EU. It is clear that the negotiation sticking points are the same as before—the financial settlement, EU citizens’ rights and the Irish border. Jean-Claude Juncker made a poignant remark:

“nobody explained in the first place to the British people what Brexit actually meant.”

How true, and no wonder this Government are in such a mess.

Today, the UK’s five biggest business lobby groups have called for an urgent transition deal. Time is running out for the business community, and financial institutions are already giving notice or leaving London. Ireland has clinched deals with more than a dozen London-based banks to move operations from London. Ernst & Young has warned that 83,000 City jobs could be lost if the UK loses its euro-denominated clearing rights. Businesses need certainty, and we need to know the details of our future trading relationship and any transition deal before the end of the year. It is absolutely critical that we stay in the single market and the customs union. Will the Prime Minister end her Government’s catastrophic ideological flirtation with a no-deal scenario? Take this off the table and do it today.

[The Prime Minister]

First, may I say to the right hon. Gentleman that I have spoken to Prime Minister Rajoy on the issue of Catalonia on a number of occasions, including when I saw him at the European Council? We are absolutely clear that the referendum had no legal basis. We want to see people upholding the rule of law and upholding the Spanish constitution.

On the wider issue the right hon. Gentleman talks about—the future relationship of the United Kingdom with the European Union—I have set out the vision we have for that. As I have just said in answer to the Leader of the Opposition, the EU27 will now be looking at their vision for this. I am sorry to have to repeat again to the right hon. Gentleman, because he has raised this issue in the past, that full membership of the single market and of the customs union go with the jurisdiction of the European Court of Justice and freedom of movement, and they were issues that were voted against when people voted to leave the European Union. They would effectively mean that we would remain in the European Union, and we are going to leave in March 2019.

Oral Answers to Questions

Ian Blackford Excerpts

Wednesday 18th October 2017 Commons Chamber

[The Prime Minister]

I am very happy to confirm that, and it is useful to be able to do so. My right hon. Friend the Work and Pensions Secretary announced this morning that we have taken the decision to change the universal credit helpline to a freephone number. I can also tell my hon. Friend that by the end of the year, DWP will extend freephone numbers to all its phone lines. I think that that will be welcomed and will be helpful to all who use them.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Will the Prime Minister do today what her Brexit Secretary was unable to do in this Chamber yesterday and rule out a no deal scenario on leaving the EU?

[The Prime Minister]

I can confirm that what we are doing is working for the best possible deal for the United Kingdom, but it would be irresponsible of Government not to prepare for all possible scenarios, and that is exactly what we are doing.

[Ian Blackford]

May I point out to the Prime Minister what her Home Secretary said yesterday—that a no deal scenario is “unthinkable”? I agree with the Home Secretary. Brexit has contributed to a fall in the pound and a subsequent rise in inflation, squeezing household budgets. Folk are getting poorer in Britain today. It has been reported that Government analysis shows that Scotland and the north-east of England would lose out from breakfast—I mean Brexit—but the Government responded to an FOI by saying that such analysis—[Interruption.] Well, there is hilarity on the Government Benches—

[Mr Speaker]

Order. A Government Whip from Staffordshire is forgetting his manners. He is gesticulating rather noisily, and he should calm himself. Let us hear Mr Blackford.

[Ian Blackford]

Members on the Government Benches are engaging in hilarity, but the reality is that the people of this country are going to pay an economic price for a hard Brexit. The Government analysis, which has remained secret, points out that people in Scotland and the north-east of England will suffer from a hard Brexit. What is the Government’s analysis of the impact and what will be the impact—[Interruption.]

[Mr Speaker]

Order. I must tell the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) that I know what I am doing. I am trying to help the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), but he must help himself by asking a brief question. [Interruption.] Order. I think the right hon. Gentleman has completed his question.

[Ian Blackford]

indicated dissent.

[Mr Speaker]

No? A last sentence, but it had better be very brief. The question has been far too long. Come on—quick, quick.

[Ian Blackford]

What is the Government’s analysis of the impact of Brexit on a no deal scenario?

[The Prime Minister]

Once again, the right hon. Gentleman stands up and talks about the Scottish economy and makes reference to issues such as jobs in Scotland. I am sorry that in his rather lengthy question he did not make any reference to the fact that since 2010, nearly a quarter of a million more people in Scotland are in work. That is the result of the actions of this Government.

Oral Answers to Questions

Ian Blackford Excerpts

Wednesday 11th October 2017 Commons Chamber

[The Prime Minister]

My hon. Friend makes the important point about the fundamental benefits of universal credit, but she is of course right, and that is why the DWP is continuing to look at the performance of universal credit and how it is operating. I am happy to meet her to look into the issue. She mentioned the advance payments; as she said, it is important that those who need those payments are aware of them, so it is about not only advertising but making sure that jobcentre staff are trained and are being retrained to ensure that they are aware of what they can do to help people. The advance payments can be with people within five days or, in an emergency, on the very same day. I am happy to meet my hon. Friend to discuss them.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

If there was another European Union referendum now, I know that I would vote to remain. Why has the Prime Minister not been straightforward about how she would vote?

[The Prime Minister]

There is no second referendum. The people of the United Kingdom voted and we will be leaving the European Union in March 2019.

[Ian Blackford]

The Prime Minister cannot answer a simple question. [Interruption.] I am quite happy to wait. The reason why the Prime Minister cannot answer a simple question is that she is hamstrung by the parliamentary majority and a divided party of right-wing Brexiteers. This morning—[Interruption.]

[Mr Speaker]

Order. Mr Kerr, we are not having any pranksters here.

[Ian Blackford]

This morning, Chancellor Philip Hammond admitted that a cloud of uncertainty hangs over the UK economy. The Scottish National party is the only party in this House that is united on the issue. We know that crashing out of the single market and the customs union will cost 80,000 jobs in Scotland and £2,000 per person. Now is the time for leadership. Will the Prime Minister come off the fence and recognise that, if we are to save this economy, we need to stay in the single market and the customs union?

[The Prime Minister]

Now is the time for the SNP leadership to accept that, to save jobs in Scotland, it needs Scotland to remain part of the United Kingdom.

UK Plans for Leaving the EU

Ian Blackford Excerpts

Monday 9th October 2017 Commons Chamber

[The Prime Minister]

My right hon. and learned Friend has always been consistent on the issue of membership of the European Union. When people voted in the referendum for the UK to leave the European Union, I think they were voting for us to take control of our borders, our laws and our money. If we were to remain full members of the customs union and the single market, that would bring with it the continuing jurisdiction of the European Court of Justice forever and would also bring a requirement for free movement. I set out in the Florence speech and in the offer we made to the European Union what I have described previously as a deep and special partnership with the EU. He is right that we want to ensure that our trading relationship with the European Union can be as tariff free and as frictionless as possible, but we also see advantage in being able to negotiate new trading agreements around the rest of the world. I think that that is to the advantage of the United Kingdom, and that is what the Government will be pursuing.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I thank the Prime Minister for a copy in advance of her statement, although I must say that for a statement to take 13 minutes to deliver with not one mention of the devolved Administrations shows the lack of respect—[Interruption.]

[Mr Speaker]

Order. I say to the hon. Member for North West Leicestershire (Andrew Bridgen) that it is a considerable discourtesy to walk out of the Chamber past the Member who is on his feet in the middle of his attempted intervention. It is a point that is so blindingly obvious that the hon. Gentleman should not need to be notified of it, but as he apparently was not aware of the discourtesy involved he now is. When the House has settled down, perhaps we can hear the leader of the Scottish National party who, I remind the House, must be heard.

[Ian Blackford]

Thank you, Mr Speaker. We respect the fact that the UK has voted to come out of Europe, but we were told during our referendum in 2014 that if we stayed in the UK, our future in Europe would be preserved. Scotland has voted to remain and, in particular, wants to stay in the single market and the customs union, so it is about time that we got some respect from the Government. The situation is now critical. [Interruption.] I can hear Conservative Members chuntering; if they want to catch the Speaker’s eye, they are entitled to do so, but perhaps they might show a little respect. These are important matters, and the public are watching this behaviour.

We stand on the brink of being dragged out of the European Union with no deal in place and facing the automatic introduction of World Trade Organisation rules. That would be a catastrophe for Scotland, threatening up to 80,000 jobs in our country alone. The President of the European Commission has said that “miracles” need to happen for there to be any progress in the negotiations. Meanwhile, the European Parliament voted last week to stop negotiations moving on to the next phase, citing lack of progress. The clock is running against the Prime Minister in more ways than one.

On EU citizens’ rights, the Government continue to drag their heels. There must now be a universal declaration from the Prime Minister that EU citizens in the UK can have their current citizenship and rights protected after exit day. No ifs, no buts—do it today. I urge the Prime Minister to listen to the voices of the devolved Administrations. We will not accept the legislation as it stands; it is a complete violation of the Scotland Act and the biggest power grab since devolution. Indeed, just last week the author of Article 50, Lord Kerr, said that Westminster was trying to break the founding principle of the devolution settlement.

The SNP has set out three key tests on Brexit for this Government: first, as an absolute minimum, we want continued membership of the single market and the customs union; secondly, the Government must declare now, without delay, that EU citizens’ rights are guaranteed; and, thirdly, the Government must accept that the withdrawal Bill cannot proceed in its current form. Will the Prime Minister live up to those asks, and will she end the immoral floundering over EU citizens’ rights now?

[The Prime Minister]

As I am sure the right hon. Gentleman knows, there will be a meeting next week of the Joint Ministerial Committee, which brings the devolved Administrations together with Ministers here in the Government. There have also been bilateral discussions between the First Secretary of State and Ministers in the Scottish and Welsh Governments on an ongoing basis over the summer.

The right hon. Gentleman refers to citizens’ rights. I remind him that during the Scottish independence referendum in 2014, which he referred to, the First Minister told EU nationals that if the EU did not allow an independent Scotland to rejoin—it was clear that the EU would not do so—EU nationals would

“lose the right to stay here.”

[Interruption.] SNP Members are shaking their heads, but that is what the First Minister said at the time.

The right hon. Gentleman referenced what I said in my statement. My statement was about the position of the United Kingdom Government in the UK’s negotiations with the European Union, and Scotland is part of the United Kingdom.