European Union (Withdrawal) Bill

Joanna Cherry Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Stephen Kerr]

My hon. Friend’s excellent point brings me neatly to the nationalists, who have called the Bill a power grab and a threat to the devolution settlement. It is no such thing. They cannot name one power that the UK Government intend to grab back from Holyrood.

[Joanna Cherry (Edinburgh South West) (SNP)]

Does the hon. Gentleman agree with the Law Society of Scotland, a non-partisan body, that the Bill would remove legislative competence from the Scottish Parliament, including in areas of law not reserved to the UK, such as agriculture and fisheries? Has he read the Bill?

[Stephen Kerr]

The answer to the first question is no. I remind the hon. and learned lady, however, that it was a Conservative Government who passed new powers to the Scottish Government, and there is no evidence, other than in the feverish imagination of SNP Members, that the UK Government intend to grab back any devolved powers.

To the contrary: I have lost count of the number of times Ministers have said in this House and elsewhere that they anticipate that the Scottish Parliament will have new enhanced powers because of Brexit. The irony is that the SNP, if it ever got its way, would hand those very powers back to Brussels. The SNP Government have spent the past 10 years power grabbing for themselves from local government and local communities, and their incessant centralising of power has undermined the very fabric of local democracy in Scotland. Just a few days ago, Scottish Ministers, against all advice, including from their own reporter, ran roughshod over local democracy in Stirling by foisting a huge commercial development on scenic greenbelt at Park of Keir. Many of my constituents—

--- Later in debate ---

[Joanna Cherry (Edinburgh South West) (SNP)]

Last week, we heard excellent forensic legal analysis, on both sides of the House, from the shadow Secretary of State for Exiting the European Union and from the right hon. and learned Member for Beaconsfield (Mr Grieve). I endorse much of what they both said but, for my part, I, like my SNP colleagues, will vote against the Second Reading of the Bill. There is no question that the Scottish National party could support the Bill until there is considerable movement towards respecting the wishes of Scottish voters who, as well as having endorsed the devolution settlement 20 years ago tonight, also voted to remain in the European Union.

Conservative and Unionist Members for Scottish constituencies seem to be a little hard of hearing and appear not to have read their briefings about the Bill—or indeed the Bill itself—so let me spell out for them why this is a power grab on the devolved institutions. I will use not my own words, but those of the non-partisan and neutral Law Society of Scotland:

“The effect of the bill would be to remove the legislative competence of the Scottish Parliament in relation to any matter in retained EU law. This would be the case even if it related to areas of law not reserved to the UK under the Scotland Act, such as agriculture or fisheries.”

There are some of the devolved powers that are being grabbed back.

If Conservative Members cared to examine the Bill with the attention it deserves, particularly in relation to Scotland, they would see that it creates a complex division of decision-making responsibility that does not reflect the reality of devolution. In particular, it empowers UK Ministers to make changes in devolved policy areas without any involvement of either the Scottish Government or the Scottish Parliament. This includes policy areas such as the Scottish justice system, where the Scottish Parliament has primary responsibility. That is why we say that this Bill is a power grab.

Twenty years ago tonight, I hosted a party in my flat in Edinburgh for friends from all political parties that had voted for devolution in Scotland. The devolved scheme that followed was the brainchild of the late, great Donald Dewar.

[Chris Law (Dundee West) (SNP)]

On the position of Scottish Conservatives on devolution, I thought that Scottish Tory MPs would be interested in some breaking news. The Scottish Conservative leader, Ruth Davidson, has said on the BBC in the past hour that she is

“not flying the flag for Brexit”,

and would in fact vote again for remaining in the EU. I would like to hear what my hon. and learned Friend has to say about that.

[Joanna Cherry]

My hon. Friend makes my point for me.

The point I was about to make is that 20 years ago in Scotland, people from all political walks of life voted for the devolved settlement. It is the settled will of the Scottish people. The question for the 12 new Scottish Tory MPs is: will they make their presence felt in this Parliament, and will they protect the democratic will of the Scottish people, including their own constituents, who voted for devolution 20 years ago by 75% and voted to remain in the European Union by 62%? Tonight is a test of their mettle. Will they represent their constituents’ views? Will they defend the devolved settlement in Scotland? Will they follow what their leader in Scotland, Ruth Davidson, has said, or will they troop through the Lobby like lobby fodder to undermine the settled will of the Scottish people and their constituents?

[Several hon. Members rose—]

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 5th September 2017 Commons Chamber

[Dominic Raab]

We will certainly look into all aspects of the various Select Committee reports when charting the way forward.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I start by welcoming the Minister to his place?

The Supreme Court ruled that the secondary legislation that brought in the employment tribunal fees interfered with access to justice and employment rights, and that it discriminated unlawfully. Does the Minister accept that the Supreme Court’s judgment illustrates that fundamental rights such as equality and access to justice should not be changed or undermined by secondary legislation that receives little or no parliamentary scrutiny?

[Dominic Raab]

The hon. and learned Lady makes her point in a typically powerful way. The Supreme Court also recognised that fees can have a role to play. Of course, they do help to secure justice and access to justice by making the necessary resources available. Equally, we recognise that we got the balance wrong. That is why we have taken immediate action to end the fees. We will be coming up with proposals on the practical arrangements for reimbursement shortly.

[Joanna Cherry]

In 2015, the Scottish Government said that as soon as the power to do so was devolved—and that is pending—they would abolish employment tribunal fees. Does the Minister agree that the fact that the Scottish Government chose to do that voluntarily—the UK Government were forced to do so by the Supreme Court—shows that the case for the devolution of employment law to Scotland is strong so that the Scottish Government may protect the interests of Scottish workers and access to justice?

[Dominic Raab]

We are fully in favour of the principle of devolution. A whole range of justice matters have been devolved, and we will look very carefully at how we get the balance right.

Prison and Youth Custody Centre Safety

Joanna Cherry Excerpts

Wednesday 19th July 2017 Commons Chamber

[Dr Lee]

Yes, I am more than happy to consider rolling out that programme. There are positive schemes, and not only with regard to the diagnosis, treatment and management of autism; various sports clubs, rugby clubs and football clubs are also involved, such as Saracens at Feltham. The work they are doing and the evidence of its outcomes are all positive. That is why I am passionate about this: if we can get the management of autism and mental health right and broaden the curriculum so that more time is spent outside cells, I am convinced that we can change the behaviour and atmosphere in each prison and institution so that staff can feel safe while they are at work.

[Joanna Cherry (Edinburgh South West) (SNP)]

The combination of rising prisoner numbers and shrinking budgets is a major factor that affects the welfare of prison officers and prisoners. In that context, it is regrettable that the UK Government dropped prison reform from the Queen’s Speech and continue to cut budgets and staff numbers. In contrast, the Scottish National party Government in Scotland have continued to invest in modernising and improving the prison estate. They have also committed to significant penal reform, aimed at reducing reoffending by moving away from custodial sentences in favour of community sentences, which have been proven to be better for rehabilitation. Does the Minister agree that he should follow the Scottish Government’s example and concentrate his efforts on schemes that will reduce prison numbers and overcrowding, thereby reducing pressure on prison officers and prisoners?

[Dr Lee]

Yes, intellectually I agree with the hon. and learned Lady that it would make life a lot easier if we could reduce the prison population, and I know that the Secretary of State agrees with that position. The difficulty is the constant balance with the justice issue: if people have committed crimes, they have to serve the time. The question is where they serve that time. I am responsible for women’s justice, on which a strategy is coming out by the end of the year. I very much want that strategy to concentrate on the provision of community sentences and for us to move to that model of prison—in future years it could be rolled out to the adult male estate, but I am just looking at the female estate. I think that we can learn a lot from where we hold people when they are serving their time. I am going to Scotland in the autumn and am looking forward to seeing a few programmes up there, because I gather that some good work is being done.