(4 years, 10 months ago)
Commons ChamberI congratulate my hon. Friend on everything that he does for his constituency of Berwickshire, and he is absolutely right. As I said earlier, that is why SNP Members rant, to use their own word, so incessantly about independence—because they wish to distract or to dead-cat, as the saying goes, from the lamentable failures of the SNP Government. He is entirely right that, if this goes on, I think the SNP will forfeit all right to manage the NHS in Scotland.
It is important to strike a balance, and people should be allowed to celebrate Guy Fawkes night and other occasions with fireworks, but the hon. Gentleman is plainly right that they are very disturbing for animals. My right hon. Friend the Business Secretary is looking at this very matter. I would just point out that, on animal welfare, it may interest him to know that there are measures we will be able to implement as a result of Brexit—such as banning sow farrowing crates, for instance, which I think is of great concern to our constituents, and banning the live export of animals—that we would not otherwise be able to do. That is one of the reasons why we need to get Brexit done and take this country forward.
(4 years, 10 months ago)
Commons ChamberSpeaking as the oldest son who has never seen any particular benefits from that rule, I understand completely what my right hon. Friend says. I will reflect on her request. I think that she speaks for many people around the country who wish to see fairness and equality in the way we do these things.
I understand that people who require the medical use of cannabis are going through desperate difficulties, and, of course, it is right that we have changed the way we do things. The chief medical officer and NHS England have made it clear that cannabis-based products can be prescribed for medicinal use. It must be up to doctors to decide when it is in the best interests of their patients to do so. I can tell that the hon. Gentleman does not find my answer satisfactory, so I will take up the matter personally with him and with the Secretary of State for Health so that he gets the satisfaction that he needs, and, more importantly, his constituent gets the reassurance they need.
(4 years, 11 months ago)
Commons ChamberI am tempted to say don’t tempt me, but actually I have no plans to use those powers.
Operation Yellowhammer highlights a range of issues. Can the right hon. Gentleman remind me: at what point during the referendum campaign were the public told that there was a possibility of delays at borders, shortages of medical supplies, fuel shortages, food shortages, food price increases, clean water shortages, civil disruption, losing access to the single market for all goods and services or, indeed, reigniting unrest in Northern Ireland? For the life of me, I cannot remember any one of those outcomes being painted on the side of a bus.
I certainly recall many of them featuring in the speeches of those who were campaigning for remain.
(5 years, 1 month ago)
Commons ChamberGeorge Robertson, Labour’s shadow Scottish Secretary in 1997, told Brian Taylor of the BBC that devolution would
“kill the SNP stone dead”,
and it was imagined that the consequences would surely be that Labour would continue to return a substantial number of MPs from Scotland to Westminster. Labour accepted that the new Parliament should be elected by proportional representation, and with that Labour might not be able to win an overall majority, and that would involve sharing power with the Liberal Democrats. However, the attraction was that Labour thought it would be impossible for the SNP to win an overall majority. Devolution was meant to kill the SNP. But as we know —as every Scottish schoolchild knows—
“The best-laid schemes o’ mice an’ men
Gang aft agley”.
Instead, we have now had 12 years of SNP-led government, and we have shown that even with limited powers, we do not just talk the talk, we can and we do walk the walk.
What has happened during 20 years of devolution? As the trust and understanding has grown, the Scottish electorate have come to the decision that the Scottish Government have more influence over them than Westminster does. As a result, turnouts at Holyrood elections are higher than Westminster elections. When asked how Scotland should be governed, the response over a 20-year period has shown that independence is now favoured over devolution. This does not happen by accident: it is the result of considerate and compassionate governance.
Most recently, Holyrood has not been paralysed by the Brexit process. It has continued to legislate, passing nine Bills in the past two months. These include Bills to tackle fuel poverty; to create a new social security system with dignity and respect at its heart; to reform our justice system, raising the age of criminal responsibility and extending the presumption against short sentences; to extend social care to under-65s who need it, through Frank’s law; and to enshrine safe NHS staffing in law. All this has happened while Westminster has ground to a halt and the SNP Government at Holyrood have been getting on with the day job.
Now that the United Kingdom is, against Scotland’s wishes, leaving the European Union, the UK will have to change its constitutional arrangements. As the UK Government have made clear,
“the current devolution settlements were created in the context of the UK’s membership of the EU”.
This is what has prompted the power grab. While the UK Government continue to distrust the devolved Parliaments, a constructive relationship is extremely difficult to maintain. The Public Administration and Constitutional Affairs Committee’s report, “Devolution and Exiting the EU: reconciling differences and building strong relationships”, states that
“the shifting of Wales from a conferred to a reserved powers model indicates that the reserved powers model is now the constitutionally preferred model for devolution within the UK. Powers are not conferred by the UK Parliament onto the devolved legislatures, rather particular matters are reserved to the UK Parliament and all other areas devolved.”
It is time for the UK Government to recognise that.
As my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) mentioned, Winnie Ewing celebrated her 90th birthday yesterday. She said at the opening of the Scottish Parliament:
“The Scottish Parliament, adjourned on 25 March 1707 which is hereby reconvened.”—[Scottish Parliament Official Report, 12 May 1999; c.5.]
If you are Scottish and a democrat, that should make the hairs on the back of your neck stand up, because those are far more than just words. They are words dripping with purposeful intentions, because devolution is not just about a building or the Government within it: it is a spirit, a belief, a self-belief. It is about power. It is about who has the power to define the present and the future of a nation. What we are really asking is, who gets to decide what is best for Scotland, and why should the people of Scotland settle for a supporting role in that when we are big enough, rich enough and smart enough to play the lead? The intention of devolution may have been to satisfy the hunger, but instead it has fed the beast—and across Scotland, that glorious beast is roaring once again.
On a point of order, Mr Speaker. I seek your guidance on how I might correct something that may have been said during the speech by the hon. Member for Inverclyde (Ronnie Cowan) that factually does not hold up. He said—
(5 years, 2 months ago)
Commons ChamberI apologise to the hon. Member for Totnes (Dr Wollaston). I said that there would be a debate this evening, but when I sat down the Leader of the House corrected me and made it clear that there will be no debate on tonight’s motion. Of course, it will be for Members of this House to consider how they approach that motion. I think that members of the public know that had this House voted for the deal on any one of the opportunities, we could now have left the European Union and be dealing with a wide range of other issues.
In her statement, the Prime Minister spoke of co-operation, mutual interest, working constructively and consensus, and said:
“That was the spirit in which I approached this Council.”
May I ask that that new-found spirit be extended to the UK Government’s discussions with the devolved Parliaments?
(5 years, 2 months ago)
Commons ChamberAt every Scottish Question Time we hear the assertion that this or that will be a boost for Scottish independence—it has got to the stage where if the chicken crosses the road, it will be a boost for Scottish independence. It is for individual candidates in the Conservative leadership elections to answer questions about their own position and background.
During an open session of the Political and Constitutional Affairs Committee on Monday 20 May, the Chancellor of the Duchy of Lancaster was asked whether he could give an update on the progress of the review of intergovernmental relations. He replied:
“I cannot put a firm timescale on this. Perhaps, if we were looking towards the end of this year”.
Given the time that has elapsed, and the uncertain political times we are living through, is that good enough for Scotland?
I believe that progress is being made, and I am hopeful that next week’s meeting of the JMC(EN) will provide an opportunity to discuss the principles that would underpin the new IGR agreement. That was discussed with Welsh Government Ministers and Mr Mike Russell at the last meeting of the JMC(EN).
(5 years, 3 months ago)
Commons ChamberI know that all Members across the House—it will have been obvious in response to his question—will want to join me in sending deepest sympathies to my hon. Friend’s constituent. As my hon. Friend will know, the courts can already, and do, consider harm caused to a mother or unborn child in sentencing for an offence. I know my hon. Friend has discussed changing the law on this particular issue with the Ministry of Justice, which is concerned that there could be far-reaching unintended consequences of doing so, but I have asked it to keep the law under review. I know that my hon. Friend, along with others in this House, will continue to work on this issue. I am sure everybody recognises the compassion that my hon. Friend is showing in raising this issue. What we want to ensure is that what he is proposing is not something that could lead to other, unintended consequences, of the sort that he would not wish to see.
I fully understand that these cases are desperately difficult, and my sympathies are with the families and friends. The Government did change the law, as the hon. Gentleman said, and specialist doctors on the General Medical Council specialist register can now prescribe cannabis-based products for medicinal use where there is clinical evidence of benefit. NHS England and the chief medical officer have made it clear that cannabis-based products can be prescribed for medicinal use in appropriate cases, but we must trust doctors to make clinical decisions in the best interests of patients.
(6 years, 2 months ago)
Commons ChamberI shall not be too long on my feet. A lot of the points I wanted to raise have already been covered and I have torn a cartilage in my right knee, so I am feeling the pain as I speak.
In the report there is a quote from the Public Administration and Constitutional Affairs Committee report of 2017, which mirrors closely a comment by its predecessor, the Public Administration Committee from 2012 when it says:
“The regulatory system for scrutinising the post-public employment of former Ministers and civil servants is ineffectual and does not inspire public confidence or respect. Our inquiry has revealed numerous gaps in ACoBA’s monitoring process with insufficient attention paid to the principles that should govern business appointments. The failures of governments in this regard have damaged public trust in politics and public institutions and led to repeated scandals. Consequently, we are recommending major reform.”
Since 2012, nothing seems to have improved. The failure of ACoBA to keep a lid on the revolving doors between Government and industry, including seeing the most senior Ministers take on jobs without waiting for approval, means that a system relying solely on the honour of former Ministers, without sanctions or consequences, is seen as optional and has now failed.
As the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) mentioned, the situation with George Osborne has been particularly worrying. That the former Chancellor of the Exchequer has been taken on as an adviser to the BlackRock Investment Institute on a salary considerably in excess of his previous salary as Chancellor, in a sector that he was responsible for regulating, seems to show little care for even the appearance of propriety among Ministers. That the body that was supposed to be regulating the revolving doors between Government and industry had to hear that he had accepted a high-profile position as editor of the Evening Standard in the news, without him having consulted them or waited for clearance, shows that the system is broken. That the president of BlackRock could tell investors that there is no way of knowing whether Mr Osborne will
“draw on (or disclose or use for the benefit of yourself or the organisation to which this advice refers) any privileged information”
that he gained from his time in Government shows that this is an absolute mockery.
As the hon. Member for Harwich and North Essex said, the ACoBA chair, Baroness Browning, said to the Committee
“every bus driver and hairdresser you know”
should
“apply for any of those jobs. I can tell you factually, not one applied.”
Well, that is not surprising when the essential criteria for such a role include senior-level experience of at least one of the following sectors: the diplomatic service, the military or business. The criteria go on to mention
“Understanding of the machinery of government, preferably gained through practical experience at a senior level…Good communications skills…Personal integrity and strength of character”.
The report states:
“While the majority of these characteristics are not beyond your average hairdresser or bus driver, the first criteria, namely senior level experience in the Diplomatic Service, Military or business, may restrict applications from outside these sectors.”
Further, it was found that the problems identified in the system are “escalating” with increased numbers of public servants moving between the public and private sectors, with a number of high-profile cases resulting in a decline in public confidence in the system. Research by the High Pay Centre states that between 2000 and 2014, 600 former Ministers and top-level civil servants were appointed to over 1,000 different business roles. Its report raised concerns about the “corporate colonisation” of UK politics. Private Eye’s Richard Brooks told PACAC that
“former senior officials and their new employers see the”
ACoBA
“process as a mere rubber stamp”.
On what scale is this happening? In 2010-11, immediately following the general election, ACoBA advised 42 former Ministers regarding 95 applications and 38 civil servants regarding 63 applications. In 2015-16, immediately after that general election, the equivalent figure was 33 Ministers regarding 123 applications and 36 Crown servants in relation to 110 appointments.
Since 2010, no former Ministers or civil servants have had an application refused by ACoBA—not one, nada, zilch, zero. Private Eye reported that by 2015, outsourcing public services cost the UK Government £120 billion and that despite poor records of delivery, G4S and Serco continue to win favour and contracts because of the revolving door and blurred distinction between employees in private companies and ministerial Departments.
Finally, the hon. Member for Newport West (Paul Flynn), who unfortunately cannot be in his seat today, described ACoBA as
“nothing but a poodle without teeth or claws, bark or bite…totally and utterly useless”.—[Official Report, 28 April 2016; Vol. 608, c. 1567.]
I could not have put it better myself. If he is watching today, we miss him and haste him back. The report recommends only a cost-benefit analysis. I would go further and say that a statutory basis for ACoBA is necessary for its continued existence, otherwise it will rightly be seen entirely as decorative.
(6 years, 8 months ago)
Commons ChamberI am very happy to join my hon. Friend in commending the work of our dairy farmers. He talks about the importance of dairy. He is, rightly, a great advocate for rural issues. It is one of the most efficient, innovative and high-quality dairy industries in the EU. I am sure my right hon. Friend the Environment Secretary will be very happy to discuss the particular points he raises, but I join him in recognising the importance of our dairy industry.
First, as I am sure the hon. Gentleman is aware, the Home Office recently published the Government’s updated drugs strategy. I have a different opinion to some Members of this House. Some are very liberal in their approach to the way that drugs should be treated. I am very clear that we should recognise the damage that drugs do to people’s lives. Our aim should be to ensure that people come off drugs, do not go on drugs in the first place and keep clear of drugs. That is what we should focus on.
(6 years, 9 months ago)
Commons ChamberThank you, Dame Rosie. I shall attempt to keep my remarks within the time limit handed down by the Chair, at least 20 minutes ago.
As a member of the Public Administration and Constitutional Affairs Committee, I have been in the privileged position of being able to talk, both formally and informally, with constitutional and political experts about many things, including clause 11. As part of the process of formulating our latest report, the Committee’s Chair, the hon. Member for Harwich and North Essex (Mr Jenkin), and I travelled to Edinburgh and took evidence from panels of experts over two days. It was an enlightening and informative experience.
Under clause 11, a potential 111 powers that could be devolved to Scotland will be held at Westminster until such time as the UK Parliament sees fit to devolve them. The UK Government’s stance is, “Trust us; we’ll do the right thing.” And trust them we have over the years: we trusted them to deliver the Calman report but they did not; we trusted them to deliver on the Smith commission but they did not; we looked to the Sewel convention and we saw right through it; and we listened to, and were influenced by, a vow that was not a vow.
In September 2014, the then Prime Minster David Cameron told us that we were a “family of nations”. We were told that Scotland could lead, not that the Government would attempt to put a lead on Scotland, but every amendment requested by SNP MPs, who were democratically elected to represent the citizens of Scotland, was voted down. When we voted to stay in the EU, our views were ignored. When we asked to sit at the table during the negotiations, we were snubbed. I can assure the Minister that the words “the cheque is in the post” and the promise that you will respect me in the morning will not work any more.
I am well aware of the cold, hard fact that the UK Government do not have to do anything, but Scotland is not a faithful hunting dog standing at its master’s heel, waiting on its orders. Scotland in the Union is a concept rooted in the past. The ties that bind us come from, in part, a shared history—a history of conflict and conquest—but the sun set on the empire a long time ago. It might come as a surprise to some, but 59 colonies have walked away from the empire and, as a new dawn rises, so does Scotland. We want a different future from the one set out for us, but Scotland cannot choose its own future when we have to seek permission to do so.
Clause 11 does not set out a timetable for transition. Professors Richard Rawlings and Alan Page have both raised concerns that clause 11 is described as a transition agreement, but that there is no provision for that in the Bill. Despite that, we are currently designing our Scotland. Civic Scotland, combined with academia and business, is already coming together to design the country we want to live in. Discussions in think-tanks and at public meetings about the Scotland we want to be are common occurrences. There is a growing awareness that Scotland, with the right powers, can reform our energy business, banking sector, and agriculture and fishing industries.
We could even negotiate our own trade deals, like Norway, Iceland and the Faroe Islands do. The Faroe Islands negotiate their own trade deals because the Danish Government respect and trust them. We could each define our own future and still be trading partners and valued neighbours, while continuing to help and support each other, but only if that is achieved through mutual respect for each other’s sovereignty. And there is the rub: clause 11 shows no respect or trust for Scotland or any of the devolved authorities.
Dr Tobias Lock, a senior lecturer at Edinburgh Law School, has said:
“The European Union (Withdrawal) Bill will result in a shift in balance between the powers Westminster has in practice and the powers Holyrood has in practice with Westminster’s powers being augmented and Holyrood's staying the same.”
That concern is shared by Professor Nicola McEwen, professor of territorial politics at the University of Edinburgh. She identifies that clause 11 is fundamentally a problem of trust. The UK Government do not trust the devolved Governments to refrain from using repatriated powers to create policy and regulatory divergence that might harm the UK’s internal market and create problems in trade negotiations. This, she argues, overlooks the considerable constitutional authority that the UK Parliament already retains over market regulation, trade, and the making and implementation of international treaties. For their part, the Scottish and Welsh Governments do not trust the commitment of the UK Government to devolve repatriated powers after Brexit and/or to agree and govern UK common frameworks on a genuinely co-operative basis. Once the existing imbalance has been augmented, when will it be realigned?
Scotland, if given the right powers, could negotiate with the European economic area and European Free Trade Association to seek what is best for Scotland but not detrimental to the rest of the UK. However, we are hamstrung by a UK Government who are scared of their own shadow, constantly looking over their shoulder and wondering from where the next challenge or crisis will emerge. We have a UK Government propped up by bluster and buffoonery.
Individuals may be protected by personal wealth that generates self-confidence and self-assurance, and supports a “devil may care” attitude—one that nudges us forward, assuring us that it will be all right on the night—but the vast majority of people in the UK are less well protected from the economic turmoil that lies ahead. They have concerns about jobs, pensions and visas. They have rightly turned to the UK Government time and again for reassurance, but their concerns are not being addressed. All that has been offered is a sickly mix of jingoistic imperialism. The Scottish Government wish to bring clarity and seek the powers to govern responsibly, but clause 11 does not provide that authority or opportunity. It must be amended forthwith, and the powers due to the Scottish Parliament—powers that will be best used by the Scottish Government, in the best interests of the citizens of Scotland—must be repatriated to the Scottish Parliament immediately after the UK leaves the European Union.
I rise to support clause 11 and schedule 3. Let me say at the outset how grateful I am to all Members for their contributions to the six-hour debate that we have had so far today, and for the thoughtful consideration that has been given to this part of the Bill. I assure the Committee that I shall listen carefully to, and take very seriously, all the views that are expressed on these issues.
The Government have been clear about the fact that the Bill is about continuity, certainty and control. That applies equally, and without exception, to people in businesses in all parts of the United Kingdom. Clause 11 is about delivering certainty while guaranteeing all the existing powers of the devolved institutions. The current devolution settlements reflect the UK’s membership of the EU, and on that basis, they provide that devolved institutions cannot act or legislate in a way that is incompatible with EU law.