Scotland: European Union (Withdrawal) Bill

Debate between Lord Griffiths of Burry Port and Lord Duncan of Springbank

Thursday 14th June 2018 Lords Chamber

[Lord Duncan of Springbank]

I was told before I arrived in this House that we did not really do politics, but perhaps we do in this instance. I shall try to find the right way to address those very trenchant points. A number of hours were spent trying to bring about a quite challenging change—taking the devolution clause as constructed and literally inverting it. I do not think that the United Kingdom Government have had enough credit for doing something unusual, which was to take their own proposal and, before it was too old, turn it around to try to find that compromise. They did a great deal of work. The officials of all the Administrations worked tirelessly to produce what ultimately was enough to satisfy the Welsh Government. Indeed, when the Welsh Minister responsible left London at that moment, he believed he was taking back views which he could get signed off by the First Minister of Wales. It was anticipated that the Scottish Minister was doing exactly the same thing, but that was not to be.

The term “grand masters of grievance” used by the noble and learned Lord, Lord Wallace, perhaps has a certain currency. It is important here that during these difficult times we do everything we can to ensure that there is safety first—making sure that our laws work and that the laws that keep Scots within a union that functions well for them work immediately after Brexit. That is what we are trying to deliver. However, it is not wholly clear right now what the Scottish Government are trying to achieve. They are content to have the EU administer in all these areas but they are in no way content to allow even a temporary freeze to determine how a UK framework can be created to allow the same responsibilities and roles to be undertaken by the United Kingdom Government. They seem to be slightly unwilling to accept that the UK Government have any role at all in the governance of the United Kingdom, and that is an unusual position to be in.

[Lord Griffiths of Burry Port (Lab)]

My Lords, perhaps as a Welshman I may step outside the Scottish matrix just for a moment. Certainly the laborious process that produced the intergovernmental agreement and the tireless work of officials in securing that agreement has been well alluded to and needs to be repeated from this angle, too. However, the mechanisms that were evolved to take this whole matter forward have not yet been referred to in this debate. Let us remember that we have found methods of dealing with 129 out of 153 of the contentious areas, or the areas where there will need to be a joint approach to problem solving, and that work is going on.

The remaining 24 were, at this stage, considered to need more work on them. It was anticipated that that work would take place within these frameworks, and, as I recall, a modus agendi has been incorporated into the way that those talks and areas of discussion will take place. It will not be a case of matters being brought to an institution that has both English and British dimensions to it; within those mechanisms small numbers of people will represent the issues one at a time for each of the devolved areas. It is hoped that with those small groups agreements can be reached and ultimately brought to our Parliament. If agreement is not reached, a Statement has to be made to the House which will be debated and decided upon at that stage.

It seems to me that everything that could have been done in areas where we have no precedent to appeal to has been done. Certainly that was the opinion of the Welsh negotiators—I was with the First Minister of Wales this morning and that is certainly his position. We went back to Cardiff feeling that this was an honourable thing. The gloves were off, although of course we did not use the word “daft”. In Wales we would not do that, as we are a temperate nation. We reserve fisticuffs for the rugby field, where due justice is given to the Scots and the English in turn. However, there are mechanisms for solving these problems. They are part of the agreements that have been reached and they now deserve to be given a chance to work.

[Lord Duncan of Springbank]

I thank the noble Lord, who was very helpful, very constructive and very sensible. He is absolutely right that the discussions were honourable, and the gentlemen who left those rooms believed that they carried with them agreement on issues that would resolve the very things that we are discussing.

I should also make reference to the officials from Northern Ireland, who have taken on a role far beyond their expectations and beyond what, one might argue, could sensibly be asked of them. They have done so with an extraordinary commitment, which has been very welcome in those discussions.

The frameworks will be as described and they will need to function. A lot of assertions were made. Some newspapers that I read suggest that the Scottish Government will be unable to do anything at all in the area of agriculture for seven years. But that is not even close to being accurate, and this is a time for avoiding—to use temperate language—fake news. We should be able to get to the stage where we discuss things as they are.

In those self-same groups, there will be serious discussions about the functionality of the frameworks, but we should bear in mind that the frameworks now function within an EU context. How then will they be translated, tailored, trimmed and made more effective and more efficient in a UK context? Whether it is food labelling or pesticides—issues which, by their nature, are traditionally not particularly controversial—these things will be debated and will, I hope, result in the delivery of an approach that works for everybody in the United Kingdom. That is the key thing: ensuring that everyone in the United Kingdom emerges from Brexit in a fashion that gives them opportunities to develop without risk.