United Kingdom Internal Market Bill

Alan Brown Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 14th September 2020 Commons Chamber

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

In a “specific and limited way” is how the Prime Minister uses the words integrity and good faith. When the Bill was launched, an establishment newspaper in Scotland called it a day of national shame and infamy. It was right. With malice aforethought, the UK Government are breaking international law and breaking devolution. We reject the Bill and will never support legislation that breaks international law.

The Bill clearly threatens food and environmental standards, and opens up a race to the bottom in all aspects of life in Scotland, from the water we drink to education and health. It leaves our businesses uncertain and wary. It is no wonder that in Scotland, poll after poll shows that it is now the majority view that independence is not only the way to ensure the needs of the people of Scotland are delivered, but the only way to protect the Scottish Parliament. The Bill is emblematic of a Government with no regard for, or will to work with, devolution. It is a bare-faced power grab. The Scottish Tory leader has boasted that he will vote for the Bill tonight. In his other job, he runs the line; in this job, he crosses the line.

Clause 46 completely undermines the devolution settlement by stripping spending powers away undemocratically from the Scottish Parliament, jeopardising the current Barnett funding levels. We know only too well, as was mentioned by my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), the consequences of allowing Tory Governments control of our spending, from when the highlands lost out to shore up votes in the south of England.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Is it not a fact that over a 10-year period the Scottish block grant has been cut by the Conservative Government, and these measures give free rein for the UK Government to make further cuts to the Scottish block grant and to impose their spending in Scotland, such as through this stupid Boris Brexit that nobody wants?

[Drew Hendry]

I could not agree more with my hon. Friend. The people of Scotland are wise to these tricks and can see the utter contempt that this Tory Government have for their needs. Their Parliament will once again be ignored, in spite of that Parliament voting 92 to 31 against the White Paper for this Bill. The response of this Tory Government is as self-defeating as it is petty and harmful. Do not take my word for it. As the House has heard, the National Farmers Union, the General Teaching Council for Scotland, the Scottish Council for Development and Industry, the STUC, the Welsh Government and even the Chair of the Public Administration and Constitutional Affairs Committee have all agreed that this is a power grab.

The threat to environmental standards is palpable. Clauses 2 to 9 contain sweeping powers to compel Scotland to accept lower standards set elsewhere in the UK on animal welfare, food safety protections and a host of other elements with a direct impact on people’s lives. When directly challenged only yesterday, a UK Government Minister refused to rule out that we will have to accept chlorinated chicken in our shops. Imported hormone-injected beef can and will undercut our farmers and their quality production. Building control standards will be affected. Private companies will be able to trade unhindered to weaken and undermine our NHS and publicly owned water company—lowering standards, raising prices and undermining health.

This Tory Government are determined to break international law. This is proof to all looking on that they will break any boundary, concerned only with their own dogma. They do not want to work with others; they are not interested. Any real co-operation and consultation is anathema to them. They are a Government petulantly demanding compliance. Any deal, understanding, commitment, promise or even legally binding treaty is disposable. The common good is of no concern, especially when it gets in the way. Trust, honour and obligation are now words to trade on and be sneered at. What other inconvenient laws are next? Where does this stop?

Finally, what is the Government’s answer to the concerns of the Scottish people, businesses and communities to the poll after poll after poll showing that independence is now the majority view—not more powers or any attempt at understanding, but a pre-meditated move to put devolution to the sword? Madam Deputy Speaker, you bet we will be voting against this affront to Scotland and democracy tonight.

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[Alan Brown]

Is that now the measure of how we are going to go forward with international treaties: when countries change their minds, they say, “Oops, I made a mistake. We’ll forget about it.”?

[Sir Bernard Jenkin]

I do not think it is a matter to be done casually and without very great care, but, as many right hon. and hon. Members, even those objecting to this Bill, are now saying, if the worst comes to the worst, we may have to avail ourselves of these powers, because it is the obligation of this House, first and foremost, to stick up for our national interests.

The EU says it will act against the UK through the European Court, but there is something absurd about the EU attempting to impose its laws on a member state after it has left the bloc—when did the voters endorse that? There is something ironic, even bizarre, about MPs in this Parliament demanding that the EU should continue to impose its laws instead of themselves wanting to make the laws for their constituents—they still do not accept Brexit. One wonders whether the Government recognise better than many here how most voters will react to this. Most of those shouting the loudest now showed how little they understood the voters in the 2016 referendum. Voters will support a Government who are determined to resist the unreasonable enforcement of the withdrawal agreement by the EU. Today, the Government have a strong mandate and a secure Commons majority for taking back control of our laws—voters will expect no less than that and they will give little quarter to this Parliament if they are let down again.

We are in a process of constitutional transition, from being subordinated by the EU legal order towards the restoration of full independence. While we are in this penumbra period of mixed constitutional supremacies, it is unsurprising that this kind of controversy should arise. Our other allies and trading partners will have far more respect for the UK if we stand up for our interests in this way than they will if they watch us accepting that we are to remain indefinitely a non-member subsidiary of the EU. The Government must ensure that there will be a clear end to the jurisdiction of the EU Court; that is the test of whether we are taking back control of our own laws, and our democracy demands it.

[Brendan O’Hara (Argyll and Bute) (SNP)]

What a self-made mess this Government find themselves in, and it was beautifully articulated by the hon. Member for Harwich and North Essex (Sir Bernard Jenkin). For three long years this Government struggled to get their withdrawal agreement through this place. So much time was spent on it that I doubt that there was a dot or comma of that agreement that was not known to the Government. In January, they signed a legally binding international treaty. The Prime Minister signed it and described it then as a “negotiating triumph”. Not only was it a negotiating triumph, but, as he told the electorate in December, it was “oven-ready” and good to go. He told the electorate, “Vote for me and I will get Brexit done”, and for reasons that I will never fathom, the people of England did. So in December, flushed with a huge majority, he led every single Tory MP through the Lobby to support his deal. However, the Government now want unilaterally to move the goalposts and renege on what they signed up to at the start of the year. In so doing, they are wilfully prepared to break international law, take the UK’s already diminished reputation further into the gutter and take a wrecking ball to the devolution settlement. Even for this Government that is quite an achievement.

Are Ministers asking us to believe that, despite three years of intense negotiation, they did not actually understand what they were voting for, and that they did not understand what their confidence and supply partners from the Democratic Unionist party were saying about differential arrangements between Northern Ireland and the rest of the UK? Are we to believe that they were unable to grasp the implications of their own Northern Ireland protocol—the one they designed with the EU to prevent a hard border on the island of Ireland? It is not credible because it is not true.

[Alan Brown]

My hon. Friend makes a fine point: it is not credible and there has been bluff after bluff. Is it not the case that when the warnings were pointed out, Ministers stood at that Dispatch Box and said, “Don’t worry, we have a magic solution There won’t be any cameras or infrastructure at the border; technology will solve it all.”? We have technology that can control the movement of people and goods and deal with different customs arrangements”? Yet another bluff from an incompetent Government.

[Brendan O’Hara]

My hon. Friend hits the nail squarely on the head. That is absolutely true. They knew exactly what they were signing up to and exactly what they were voting on—a fact acknowledged by the Chancellor of the Duchy of Lancaster himself, who said in April that the deal ensures that we can leave the EU, and it is “entirely consistent” with the Belfast agreement and all our other domestic and international obligations.

So, how did we get from the agreement being a negotiating triumph in January, and being entirely consistent with domestic and international obligations in April, to today, with a Government boasting that they will knowingly breach international law if they do not get their own way? I believe that, in short, it is because those at the heart of this Government have decided, in true Trumpian fashion, that the UK will no longer play by the rules. They have cynically done their sums and reckon they have the numbers to push this legislation through. It is the behaviour of a Government who have lost their moral compass—a Government who have been reduced to using the Good Friday agreement as a bargaining chip.

It is little wonder that the United Kingdom is fast becoming regarded as a bad-faith actor among the international community, where adherence to international law and the obligations that come with it are what sets us apart from rogue states and dictatorships. The irony of all this is that it emerged against the backdrop of the faux outrage about the last night of the proms and whether it was appropriate to play “Rule, Britannia! Britannia, rule the waves!”; we know it is a case of Britannia waives the rules. It is not just now; it was ever thus. Ask the Irish and the people of India. Go to large swaths of Africa. Go anywhere that is still recovering from the wreckage of British colonialism and the people there will give chapter and verse about Britannia bending, breaking, inventing and waiving the rules all day long to suit its own ends. The world had hoped and probably half expected that those days were gone; sadly, they clearly are not.

For Scotland, it does not have to be this way: we have an escape route available to us—an escape route with independence that will take us back to the family of nations of the European Union, as a law-abiding European country on an equal footing with every other independent country. It is little wonder that opinion poll after opinion poll has shown a majority for independence. I confidently predict that tonight’s shenanigans will bring that independence closer and Scotland will become an equal member of the European Union, because that is the fast-approaching settled will of the Scottish people.

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[Douglas Ross (Moray) (Con)]

Following the speech of the hon. Member for Perth and North Perthshire (Pete Wishart), I simply say that Scotland is my nation as well. The SNP does not speak for Scotland. The SNP is not Scotland. I am proud to be Scottish and British, and when the SNP stands up and claims that it speaks for the whole of Scotland, it does not. The hon. Gentleman would be advised to stop making out as if it does.

I want to make the point that this Bill at its heart, at its core, at its centre, is about jobs and businesses. Is it not telling that in all the SNP speeches that I have listened to tonight, jobs and businesses have not been mentioned once? The SNP was opposed to this internal market Bill long before the events of the past few days, because it is opposed to what it means for Scotland and to what the UK Government can do for Scotland and for the 545,000 jobs that the Fraser of Allander Institute says rely on the internal market of the United Kingdom. In 2018, that internal market ensured £51.5 billion of trade between Scotland and the rest of the United Kingdom—three times more than the trade that Scotland does with the whole European Union put together.

This Bill’s protecting and enshrining our internal market in the United Kingdom is about protecting those jobs and those businesses. It is about ensuring that businesses in Forres and Fort William can do the same trade across all four nations of the United Kingdom as those in Felixstowe and Farnborough. That is what is important about this legislation. That is why we have to ensure that it is there, and that it is capable of delivering for individuals, for businesses, for their jobs and for the communities that they serve. That is why I believe that at the heart of this legislation we should be speaking about what it means for our communities, our businesses and our jobs the length and breadth of the country.

I want to focus on remarks by the hon. Member for Perth and North Perthshire (Pete Wishart), and by the SNP the whole time, about how this is somehow a power grab. It cannot be a power grab when more than 100 extra powers are going to Holyrood, to the Scottish Parliament and to the Scottish Government, and not one is being taken away. That cannot be explained as a power grab.

[Alan Brown]

Will the hon. Gentleman give way?

[Douglas Ross]

I apologise to the hon. Gentleman; I like debating with him and he has tried to get in plenty of times, but I must say to Members on both sides that debating time is about to be constrained by a further minute for each speaker and there are more than 100 Members on today’s call list, so I will not take interventions.

There is no power grab; 100 extra powers are going to the Scottish Parliament, and not a single one is being taken away. For some reason, SNP Members are now against the UK Government investing in Scotland. This is the same SNP and Scottish Government who are saying, “We don’t want your money in Scotland.” Well, I do. In my nation of Scotland, I want to see our two Governments working together as they do on city and growth deals the length and breadth of the country. Every part of Scotland is now covered by a city and growth deal, which shows our two Governments working together and investing together. That is what people want: not a rehash of the division of the past, which the SNP continually wants to drag us to, but looking to the future of Scotland—looking to the future of what we can achieve together as a United Kingdom, with our UK internal market delivering for jobs, communities, the economy and businesses. That is what we want to focus on.

I understand the concerns of Members across the House, but by voting for this legislation at stage 2—Second Reading—tonight, we will allow it to go into Committee and allow the democratically elected Parliament of the United Kingdom to scrutinise, debate and, potentially, amend it. That is what we should be doing.