Oral Answers to Questions

Philippa Whitford Excerpts

Wednesday 18th April 2018 Commons Chamber

[The Prime Minister]

My hon. Friend has raised an important point, and he is absolutely right to do so. Home ownership is a dream, and, sadly, too many young people today feel that they will not be able to achieve that dream. We have been having success—last year more homes were built than in any but one of the last 30 years—but we need to ensure that we are helping people into home ownership and seeing more homes being built. I should be happy to meet my hon. Friend and others to discuss this matter.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Q2. I welcome the Prime Minister’s consultation on domestic abuse and, in particular, the recognition of financial abuse. However, the Government insist on paying universal credit into just one household account, which makes women more financially vulnerable. Eighty-five per cent. of abuse survivors say that they would not have dared to request split payments as a special measure, because it would have worsened abuse. Will the Prime Minister listen to the calls from women’s charities and make split payments of universal credit the norm?

[The Prime Minister]

I understand that it is, in fact, possible for special arrangements to be made for split payments. Domestic abuse—domestic violence—is a terrible abuse, a terrible crime that we must deal with, but I understand that it is possible for those arrangements to be made.

Military Action Overseas: Parliamentary Approval

Philippa Whitford Excerpts

Tuesday 17th April 2018 Commons Chamber

[Gavin Robinson]

If we focus simply on process today and ignore principle, we will make a huge mistake. I am looking very much at the reasons why.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The hon. Gentleman talks about dictators and tyrants and events elsewhere in the world, but the UK took no action against Mugabe or Pinochet, and regime change is illegal under international law. The problem is that if we start to flout international law, how we do challenge others?

[Gavin Robinson]

We have not flouted international law, of course. After Kosovo, there is a clear legal justification for action for humanitarian purposes, as has been clearly outlined. We could even go back to the UN resolution of 2013: articles 1 and 21 specifically provide for military action where there has been a breach of, or failure to adhere to, the chemical weapons prohibition charter. That is there. The UN has been talked about, and everyone knows about the process and the problems we have had in getting Russian approval in the Security Council for a position for action.

The UN did back action for the first Gulf war; it mandated action for that, but the Leader of the Opposition put down motions in this House condemning the UN for giving its approval for such actions. This matters, because the motion before the House is not about a noble justification for the introduction of a legislative barrier on our Government in taking action; this matters because there are those in this place who dress up as noble their position, while all they want to do in each and every instance is frustrate the ability of this Government or the international community to take action against tyrants.

Syria

Philippa Whitford Excerpts

Monday 16th April 2018 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The Prime Minister referred to casualties with foam in their mouths, with burning eyes and in respiratory distress, and to an associated chlorine-like odour. Those symptoms are more in keeping with Assad’s repeated use over the last five years of the respiratory corrosive chlorine gas than with the paralytic neurotoxin sarin, which seemed to be the main target of the military action. Given that chlorine is commonly available, how, without an overarching plan to end the war, does the Prime Minister hope to limit the production and dropping of chlorine gas by the regime on its own civilians?

[The Prime Minister]

This is about chemical weapons, and about continuing action against chemical weapons. The hon. Lady is right: some of that action will have been in relation to the capacity and capability of sarin, which, of course, has been used by the Assad regime. The regime’s willingness to use a variety of types of chemical weapon is what underpins this, and our need to act to degrade that capability and deter its willingness to use such weapons in future.

Oral Answers to Questions

Philippa Whitford Excerpts

Wednesday 7th March 2018 Commons Chamber

[The Prime Minister]

I join my hon. Friend in commending all those who are raising awareness of brain cancer and who are working hard and tirelessly both on research and to raise funding. It is a devastating disease, and I was pleased to meet the noble Baroness Jowell to hear her experience of the national health service. She and the Secretary of State for Health and Social Care then held a roundtable of brain cancer experts.

We have announced that an estimated £20 million will be invested through the National Institute for Health Research over the next five years in helping to fund essential brain cancer research. In addition, Cancer Research UK will be investing £25 million in research on brain tumours over the same period, helping to support two new specialised centres.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Q14. The increasing provision of healthcare within NHS England by private providers continues to cause the fragmentation and undermining of patient services. The Prime Minister has thus far refused to exclude such services from a US trade deal. Can she tell us how the Scottish Government will be included in the negotiations so that they can protect our Scottish NHS from being bartered away to get a deal?

[The Prime Minister]

The hon. Lady is a little late, because I was asked a question about a US trade deal and the national health service by the right hon. Member for Twickenham (Sir Vince Cable) in this House on Monday, and I made it very clear that we retain the principles of the national health service and that we are not going to allow the national health service to be undermined by any trade deals we do.

European Union (Withdrawal) Bill

Philippa Whitford Excerpts

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

[Paul Masterton]

For the simple reason that there is another JMC meeting on 12 December, and we do not believe it is right to prejudge or prejudice the outcome of those negotiations. There is going to be an agreement, and it is much better to allow such an agreement to be reached and incorporated into the Bill.

Much has been devolved since 1998, but nothing that jeopardises the UK’s single internal market. It would be in the interests of neither consumers nor producers for product safety and consumer protection rules to be different across the nations of the United Kingdom.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Will the hon. Gentleman give way?

[Paul Masterton]

I am going to make some progress.

These rules are now uniform throughout the UK and many, but of course not all, should remain so after Brexit. Amendments 164 and 165 go too far and are dangerous to the Union. Frankly, I am startled that Scottish Labour—only one Scottish Labour MP is here—and Scottish Liberal Democrats are prepared to support these amendments, which could so fatally undermine the integrity of our Union. The Scottish Conservatives will not support them. However, I want to make it clear that my vote with the Government should not and must not be taken as an acceptance of clause 11 as it stands.

--- Later in debate ---

[Dr Whitford]

Does the hon. Gentleman not accept that the principle of the Scotland Act 1998 was that what was not reserved was devolved? These powers could easily go to the devolved nations, which could then sit around the table. Their voices would then be heard properly in any national framework, and they would not simply be told what it would be.

[Paul Masterton]

If the hon. Lady was listening, she will have heard me say that I agreed that that was the purpose of the 1998 Act. I am coming on to say explicitly that clause 11, as drafted, is not fit for purpose and must be changed. It does not need to be tweaked a little; it needs to be amended and replaced with a new version. However, I do not consider now to be an appropriate stage in the process at which to demand a new draft to be brought before the House.

I fully accept that this issue is linked to active conversations tacking place between Governments, and I share my hon. Friends’ concerns about the fact that introducing new drafting to reflect where I believe we need to, and should, end up—indeed, where we will more likely than not end up—would pre-empt what are now and are expected to continue to be fruitful negotiations between the UK and Scottish Governments. I am prepared at this stage to give the UK Government the time and opportunity to take forward these matters, on the clear understanding that both sides need to move from where they now are on clause 11. We are beginning to see movement: we can see it in the constructive JMC (EN) talks, the next meeting of which will be on 12 December, and Scottish Conservatives stand ready to help broker a compromise. In our view, the impasse is readily solvable. Most of the 111 powers are technical and regulatory.

--- Later in debate ---

[Ian Murray]

I agree that all parts of the UK should be treated similarly, which is why I have always championed the UK’s staying in the single market and the customs union. That would allow us to leave the EU while keeping the regulatory harmonisation required—the very regulatory harmonisation that the hon. Gentleman railed against just a few moments ago—and keeping the UK single market operating within the EU single market.

[Dr Whitford]

On the question of where power actually lies, we know that many farmers voted leave, yet I know, having attended a National Farmers Union meeting on Friday, that the idea of farming and hill farming in Scotland being controlled from here is something they consider anathema. Given the failure to pass on the convergence uplift in 2013-14, they are frightened about farming powers being here.

[Ian Murray]

These are complex discussions and issues, but the key principle is that any power devolved under schedule 5 to the Scotland Act 1998 should be devolved. No one is saying that everything should be devolved at one minute past midnight—or whenever we leave the European Union—but these discussions must take place by means of intergovernmental processes, and the principle should be that there should be devolution at the point at which powers come back from the EU, when it is possible for that to be done.

--- Later in debate ---

[Mr Jones]

No, but I can identify several people who have denied its existence. Clause 11 seeks to ensure that the integrity of the internal market is not compromised, by preserving the restrictions that prevail in respect of EU law.

It is quite clear that the proposals in clause 11 have caused immoderate anger in certain quarters. The SNP Scottish First Minister and the Labour Welsh First Minister actually joined forces to describe what is proposed as a “naked power grab”, a phrase which has been repeated again and again during this debate, but the fact is that it is nothing of the kind. The competences that are the subject of the retention proposed by clause 11 have never been exercised by the devolved authorities since devolution was first implemented. In practical terms, not one iota less power will be exercised in Belfast, Cardiff or Edinburgh than in the current state of affairs. If there is a diminution in power, it is very much theoretical.

Since the devolved bodies first condemned the proposals in the summer, it is fair to say that their position has moderated considerably. However, I find it intriguing that that position does not appear to have moderated in this House. Indeed, certain Opposition representatives seem to be at odds with their own parties in the devolved areas. Preserving the UK internal market is, after all, extremely important to every constituent part of the United Kingdom. Some 63% of Scottish exports go to the rest of the UK. For Northern Ireland, the equivalent figure is 60%. In Wales, it is a bit less at 49.2%, but I suggest that that is due to the distorting effect of Airbus exports, which form a disproportionately large element of the Welsh economy. Whichever way one looks at it, it is therefore important to guard against any policy divergence that might imperil or damage the internal market. It is also important to ensure that the UK Government have the power to conclude trade agreements with third countries post-Brexit, free from concern that the devolved authorities may be legislating in a manner contrary to the obligations contained in such agreements.

We have heard this evening that the provisions of clause 11 affect approximately 111 devolved competences in Scotland, 64 in Wales and an estimated 149 in Northern Ireland. Many of them exist in the fields of agriculture, the environment and fisheries, where it is generally agreed, not least by those who would be closely affected by market distortion, that it is necessary to preserve common frameworks. As my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) pointed out, we need to look at the individuals who are most likely to be affected by policy divergence. For example, NFU Cymru—the Welsh branch of the National Farmers Union—supports the retention of common frameworks so that the price commanded by Welsh lamb, which is certainly the highest-quality lamb in the United Kingdom, is not adversely affected by differing husbandry practices in other parts of the UK.

The UK Government have always made it clear that the retention of competence effected by clause 11 is intended to be only temporary. Decisions on where competences may lie in the long term will be taken at a later date. I fully agree that that should not take too long, and a Minister should indicate from the Front Bench what sort of timescale they anticipate the Government will adopt when deciding and agreeing with the devolved Administrations on where those competences should lie.

[Dr Whitford]

That is the problem. There is no timescale. This place is snarled up in dealing with Brexit work, and that pressure will be even greater after Brexit. Those of us from the devolved countries feel that the needs of our farmers and fishermen will be way down the agenda for the devolution work being done here.

[Mr Jones]

I remind the hon. Lady that I am also from one of the devolved countries, so I understand her point and I understand that a timescale is needed. My right hon. Friend the Secretary of State for Brexit has always made it clear that the devolved authorities will ultimately have considerably enhanced powers after this process is complete.

Mr Nigel Smith has been extensively quoted in this debate, and what he has to say is of some significance. He was the chairman of Scotland Forward, the campaign for a yes vote in the 1997 Scottish referendum, and he makes a businesslike and practical statement of the position:

“simply giving into demands from the devolved administrations for a complete takeover of powers would quickly fragment policy coherence threatening the function of the UK single market and even over time the political integrity of these islands.”

That would probably be quite welcome to certain Opposition Members. Nigel Smith continues:

“It would be necessary to establish where coherence was vital and where policy could be devolved or shared. There are also financial considerations in some areas. Temporarily retaining the powers in Westminster through clause 11 while this is assessed and negotiated seems nothing more than procedural common sense. As a long-standing devolutionist, I support the process on this basis.”

He is entirely right. It is common sense. We need to assess where powers properly lie, but that process should not take too long.

I am heartened that, at the Joint Ministerial Committee in October, the various Administrations agreed to work towards the establishment of the necessary frameworks. Contrary to what the hon. Member for Perth and North Perthshire (Pete Wishart) indicated, it is not a question of the United Kingdom Government imposing where those powers lie; it is a question of agreement. The communiqué that followed the meeting said:

“There will also be close working between the UK Government and the devolved administrations on reserved and excepted matters that impact significantly on devolved responsibilities.

Discussions will be either multilateral or bilateral between the UK Government and the devolved administrations. It will be the aim of all parties to agree where there is a need for common frameworks and the content of them.

The outcomes from these discussions on common frameworks will be without prejudice to the UK’s negotiations and future relationship with the EU.”

It seems to me that the United Kingdom Government and the devolved Administrations are moving positively towards agreement on where those competences should lie, but I stress that the process should be pursued as expeditiously as possible. I have a huge amount of sympathy for those on both sides of the House who have indicated that there is currently a degree of uncertainty. The best way of resolving that uncertainty is by working quickly and co-operatively with the devolved Administrations.

I therefore believe clause 11 should be supported by the House. I endorse once again what Nigel Smith, a practical devolutionist, has to say about the matter. I also believe those who are promoting the various amendments, most of which appear to be aimed at ensuring the powers that are repatriated pass straight to the devolved Administrations, should think again. Without a coherent agreement beforehand, there could be chaos in this country, which is frankly the last thing we want.

My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) made some important points about the wider issue of devolution. We need to revisit the various institutions that operate the devolution settlements in this country. It is fairly clear that the JMC process is not working. It has been honoured by Governments of all stripes more in the breach than in the observance. Indeed, I believe that during the last Labour Government several years passed without a meeting of the JMC. This cannot be right. It is important that the United Kingdom Government and the devolved Administrations should have regular dialogue, one with another. I am not persuaded that that needs to be put on a statutory basis, but it needs to be something more than a chore for the various Administrations. It is important that a dialogue be constantly maintained. We are moving into a new era in this country, a post-Brexit one, and it is important that there should be that constant dialogue and that all Administrations within the UK understand that they all have a duty, one to another, to work positively to ensure the prosperity of this country and its citizens. At the moment, that is not happening and this needs to be revised and reviewed. I do not believe this Bill is the proper vehicle for such changes, but once this process is over we are going to need to look at those institutions again carefully. We need to move into that new era.

--- Later in debate ---

[Chris Skidmore]

No, only once for each person. I will give way to the hon. Member for Central Ayrshire (Dr Whitford).

[Dr Whitford]

Why will having a Brexit date give certainty and clarity, yet having a date on which the powers would move to the devolved Governments is considered unacceptable?

[Chris Skidmore]

We will be discussing the clause 10 powers to which the hon. Lady refers on a separate day—on the morning of day five. Clause 11 is about ensuring that the statute book is prepared for exit day. In a way, exit day provides that temporary limit. We know that we need to make changes to the common framework, but beyond that, we do not yet know what the negotiation period will look like when it comes to ensuring that we need an implementation period. That is why we cannot necessarily provide that certainty.

European Council

Philippa Whitford Excerpts

Monday 23rd October 2017 Commons Chamber

[Mr Speaker]

I call Dr Philippa Whitford. [Interruption.] She looks surprised. It will not breach a precedent if the hon. Lady does not wish to contribute. She is not obliged to do so, but I assumed that she would wish to contribute, and she is welcome to do so. Let us hear the hon. Lady.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

We have heard about the possibility of a no deal Brexit. What about the threat that that would pose, through leaving the single aviation market, to this country’s entire aviation industry?

[The Prime Minister]

We are aware of the necessity of looking very closely at and negotiating deals in relation to aviation, because we want people still to be able to fly, as they can today. But, once again, the hon. Lady is focusing on a no deal scenario, when the efforts of Government are being put into getting a good deal.

Grenfell Tower

Philippa Whitford Excerpts

Thursday 22nd June 2017 Commons Chamber

[The Prime Minister]

My hon. Friend raises an important matter. We must ensure that organisations that have a responsibility to the public do indeed listen to the public. With regard to any future disasters that should take place, I am considering the concept of an independent public advocate—somebody who can ensure that answers are given. They should ensure that people get not just the support that they need, but the answers that they need.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Obviously, many have paid tribute to the fire and rescue workers who put their lives in danger and who may still be feeling the trauma from that. As a surgeon of more than 30 years, I wish to highlight the fact that NHS staff will also be traumatised, because there is nothing more horrific than dealing with the victims of burns. In the autumn statement of 2015, the former Chancellor identified £800 million to be taken from the new housing bonus scheme to make up the shortfall in social care. Will the current Chancellor now reverse that?