European Union (Withdrawal) Bill

Debate between Lord Kerr of Kinlochard and Lord Mackay of Clashfern

3rd reading (Hansard): House of Lords
Wednesday 16th May 2018 Lords Chamber

[Lord Kerr of Kinlochard]

The noble Lord probably knows more about it than me. I only know what I read in the UK press, which is almost nothing, and in the Scottish press. But my point is a slightly different one. I thought I would be attacked by the noble Lord on slightly different grounds. I want SNP representation in this Chamber. On previous occasions the noble Lord has reminded me that it is entirely the theology of the SNP that prevents it being represented in this Chamber—and he is completely correct about that. I do not understand why the SNP, represented in the other place, adopts towards this House the policy that Sinn Féin adopts towards the other House. I do not understand it at all. The onus is of course on members of the SNP to change their minds if they wish to take part in our debates, but I would ask the Minister to say what some of his colleagues in the past have said: if SNP MPs were to change their minds, the Government would be delighted to see them represented in this place.

[Lord Mackay of Clashfern]

My Lords, it is certainly not my purpose to say or do anything that makes it more difficult to reach an agreement with the Scottish Government—that is the last thing I want to do. But I want to say, in answer to one of the points that the noble Lord, Lord Thomas of Gresford, made, that the provisions that we are talking about in relation to the frameworks are provisions in which the Scottish Parliament does not have jurisdiction because the framework is for the United Kingdom as a whole. Therefore, it is not within the jurisdiction of the Scottish Parliament. That is why I have said so far that the consent of the Scottish Government is not necessary at that stage. But I would like to see a consent to the arrangements: then they can go through pretty well formally in the Parliament of the United Kingdom.

I had understood from Mr Russell from the early days—I will say a little more about this when we come to considering the Bill passing, which I hope we will do in due course—that the Scottish Government have said that they require to consent to the Parliament of the United Kingdom passing these. But, so long as their views are fully heard by the Parliament of the United Kingdom, that is the correct way to approach this. The legal competence in this matter lies with the Parliament of the United Kingdom. Therefore, technically, consent is not necessary from any of the devolved legislatures: otherwise, one of them could make these regulations impossible for the others. So consent at that stage is not necessary. It is highly desirable, which is why I was trying to concentrate on an arrangement under which it should happen.

I think that I am right in saying that the memorandum provides that, in effect, the Sewel convention will apply before these things are put to the United Kingdom Parliament. As I said before, the amendment and memorandum that the Government proposed went slightly further than I had suggested, by giving the opportunity for the dissenter, whichever Government it was, to put their point of view in their terms before the Parliament of the United Kingdom before it was considered.

So far as the question of consent is concerned, the technical question is: what is required? The intention of the legislation so far is that a decision has to be taken by each of the devolved Governments before anything is put in this connection before the UK Parliament. In other words, every opportunity is given for them to reach consent in their committees. I would like to see this settled, but the decision as to what is required is a legal decision, which, so far as I am concerned, does not require as a matter of law the consent of the Scottish Government—although that is very desirable. I am entirely in favour of doing everything that we can to deal with these matters.

Talking of papers going out and so forth, I saw an article about papers dealing with fisheries. It said that the document contained the idea that the UK Parliament can deal with fisheries in the world. Of course, we do not need to have discovered that in this paper, because it is in the reserved matters in the original constitution of 1998. The fact that the UK Government and the UK Parliament are responsible for international relations is well known; it is not a discovery one makes from a recently leaked document. That sort of thing does not help the atmosphere.

I certainly support strongly all that has been said about doing our level best to get the best atmosphere with the Government of Scotland as well as with the Government of Wales—and I would love to see a Government in Northern Ireland as well.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Kerr of Kinlochard and Lord Mackay of Clashfern

Tuesday 5th November 2013 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, I support what my noble friend just said. It seems rather silly to have done what is required in order to be transparent without taking the necessary steps to make it easy for other people to access that transparency. For example, ministerial diaries will be done on a daily basis, I assume, or possibly on a weekly basis, in advance, I hope, so the basic structure is there almost immediately. I cannot see why the diary cannot immediately be put out. Obviously, the diary sometimes has to be corrected, because even ministerial diaries sometimes do not actually transpire as intended, but an immediate correction could be made to make sure that it is accurate. I cannot see why it could not be done immediately, on a daily basis. Certainly, weekly would seem perfectly possible. If not, having made what one might regard as an important step towards transparency, the Government are losing the full benefit of that transparency by the difficulty that people have in accessing it.

[Lord Kerr of Kinlochard]

My Lords, I agree with the noble Lord, Lord Tyler, and the noble and learned Lord, Lord Mackay. Ministerial diaries need to be secure about the future. There are security considerations about ministerial movements. The future is quite different from the past. I do not see any reason why ministerial diaries should not be available the following day. I agree that they need to reflect not what the Minister planned to do, but what he actually did, and therefore the noble and learned Lord, Lord Mackay, is quite right, but that can easily be done within a few hours. I see no reason why they should not be out the following day. I think the Foreign Secretary’s diary used to be, until a slightly embarrassing moment in the time of Ernest Bevin. When he was planning to go to the cinema, the diary said, “Night of love with Mrs Bevin”.