Scotland Bill Debate

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Department: Scotland Office
Monday 9th November 2015

(9 years, 1 month ago)

Commons Chamber
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Angus Robertson Portrait Angus Robertson
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Without wanting to concern the hon. Gentleman, I agree with him. Transparency is a good thing. Our colleagues in the Scottish Parliament are significantly happier than we are here with the open approach that the Scottish Government are taking on this matter. Obviously the negotiations are between the two Governments, but the Secretary of State could easily come to this House and provide more information to the hon. Gentleman’s satisfaction and mine.

The Smith commission identified that Scotland’s budget

“should be no larger or smaller simply as a result of the initial transfer”

of powers. It recommended that the devolution of further tax and spending powers to the Scottish Parliament

“should be accompanied by an updated fiscal framework for Scotland”

and that

“the Scottish and UK Governments should jointly work via the Joint Exchequer Committee to agree a revised fiscal and funding framework for Scotland”.

The UK and Scottish Governments are negotiating the fiscal framework on an ongoing basis. It should allow the Scottish Government to pursue their own distinct policies that meet the needs and wishes of the people of Scotland. For fiscal devolution to work, it is essential that the Scottish Government have the flexibility to pursue distinct fiscal policies, consistent with the overall UK fiscal framework.

The block grant adjustment should be robust and transparent, deliver a fair outcome for Scotland and be agreed by both Governments. The effect of the adjustment should be to ensure that the Scottish Government’s budget is in broad terms no better or worse off in the long term compared with what the devolved taxes would have raised had they not been devolved. The Scottish Government have said that they will not sign up to any adjustment that is not fair to Scotland. That is in line with the “no detriment” principle set out in Smith.

Before us today, we have 200 amendments and new clauses. They are massively important to people in Scotland. Sadly, they are clearly not important to the Labour and Conservative parties, which are here in such small numbers. I will bring my contribution to a close to ensure that more Members of Parliament for Scotland have the opportunity to take part.

The people of Scotland are watching these proceedings. We are told that this is the mother of all Parliaments. This is supposed to be the most important legislation about the future of our country, yet it has been shoehorned into less than one day of proceedings. Incidentally, for the information of the shadow Secretary of State, that happened against the wishes of the Scottish National party, which pressed for another day of proceedings so that we could look into the proposals in detail. People should look and learn, because if this is the way to legislate, we do not need it. The Scottish Parliament is a 21st-century Parliament. If ever a case was put for the Scottish Parliament to be able to exercise power over all issues that matter to the people of Scotland, this is it.

Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
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It is a pleasure to follow the right hon. Member for Moray (Angus Robertson)—[Interruption.] I apologise for my pronunciation—I have lived in England for over 15 years and one’s accent does change. It was also a pleasure to listen to the hon. Member for Perth and North Perthshire (Pete Wishart). I agree that this is an important constitutional Bill. We are hearing today about how the Bill will make the Scottish Parliament not just a permanent institution in the United Kingdom’s constitutional arrangements, but one of the world’s most powerful devolved Parliaments.

Crucially, the Bill will allow more decisions that affect Scotland to be taken in Scotland. It will increase the financial responsibility of the Scottish Parliament and its accountability to the Scottish public. Perhaps that is a word that SNP Members do not wish to hear, because accountability is something that has been lacking these last eight years in Scotland, when gripes and grievances have constantly been thrown to London about decisions and powers that already rest with the SNP Scottish Government.

The package that has been brought before the House today by the Secretary of State and his team contains substantial financial powers, including over income tax and VAT, the devolution of substantial elements of the welfare system and a range of other powers, including constitutional powers and powers over transport, such as responsibility for air passenger duty.

Stewart Hosie Portrait Stewart Hosie (Dundee East) (SNP)
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Will the hon. Gentleman give way?

Alberto Costa Portrait Alberto Costa
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It is a pleasure to give way to the hon. Gentleman.

Stewart Hosie Portrait Stewart Hosie
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That was a very generous way of giving way. The hon. Gentleman said that there will be substantial powers over VAT. Half of VAT will be assigned. There are precisely no powers over VAT. I fear that he has misspoken in his excitement to prove his loyalty to his Front Bench.

Alberto Costa Portrait Alberto Costa
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The hon. Gentleman already has extensive powers over income tax. We should ask why, in the past eight years, the SNP has failed to use any of the substantial powers it has, instead blaming London and England for all the problems that it creates back in Scotland.

Along with a powerful and accountable Scottish Parliament—there is that word “accountable” again—Scotland will retain the huge benefits of being part of our United Kingdom of Great Britain and Northern Ireland. The people of Scotland voted for those benefits. Remember those people? That’s right—the democratic majority that voted to stay part of our United Kingdom last year. Sadly, that fact has been lacking.

Ian Blackford Portrait Ian Blackford
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It is interesting to hear that the hon. Gentleman has lived in England for 15 years and represents an English seat. I believe he stood in Scotland once. How did he get on?

Alberto Costa Portrait Alberto Costa
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It would be fair to say that SNP Members simply do not want to answer the question about accountability. What have they done with the powers that they have had over the past eight years? They have simply blamed England and London for all the problems that they have created in the public sector.

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Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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These are serious and important issues for the constitutional governance of our country. Does my hon. Friend share my disappointment that all we seem to be hearing from nationalist Members is percentages, political polls, who stood where and who lost what, instead of sticking to the facts and telling us how they are going to use the powers in the Bill? [Laughter.]

Alberto Costa Portrait Alberto Costa
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My hon. Friend is absolutely correct. The laughter that we are hearing from SNP Members about the discussions that we are having on this constitutional Bill is a disgrace.

It is no surprise that nationalist MPs are true to form and continue to create grievance where there is none. They offer mischief to the people of Scotland when they should be working with all parties in the House. “Better together”—that is what the people of Scotland voted for merely a year ago. They voted for a better United Kingdom of Great Britain and Northern Ireland, not separation. They do not want constitutional uncertainty; nor, for that matter, do the people of my constituency, South Leicestershire. We are a small but great island nation, and the British people are fed up with the constant mischief being created by nationalist MPs.

The truth is that nothing at all will please SNP Members. That should be no surprise, because all they want is the end of the United Kingdom. They will therefore not support any Scotland Bill, no matter what devolved powers might be offered to them. They simply do not want it.

Chris Stephens Portrait Chris Stephens (Glasgow South West) (SNP)
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I think my hon. Friend the Member for Edinburgh East (Tommy Sheppard), who owns a comedy club, will have found a new act.

The hon. Member for South Leicestershire (Alberto Costa) keeps mentioning new substantial powers. If his party has its way tomorrow, it will take basic industrial relations powers away from the devolved Administrations.

Alberto Costa Portrait Alberto Costa
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We can see that the respect agenda only goes from the Government Benches to the SNP Benches. There is simply no respect from SNP Members, and there is no interest in being respectful, because they simply want the destruction of Great Britain, and we will never permit that.

We must remind the House of another vow, as I did in my maiden speech. I am pleased to see that the right hon. Member for Gordon (Alex Salmond) is in his place, because we will never forget another promise that was given to the people of Scotland, and indeed to the whole United Kingdom. What was the vow that he gave? He told the voters of Scotland that the referendum was

“a once in a generation, perhaps even a once in a lifetime, opportunity”.

What disrespect SNP Members are showing the people of Scotland today. Barely a year has passed, and they are demanding another referendum. We can never again trust the SNP with any agreement on a referendum. The people of South Leicestershire are fed up with faux grievance. They want stability, and the Bill will provide stability for the whole United Kingdom.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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The hon. Gentleman has said that one of the biggest issues for his constituents in South Leicestershire is making sure that EVEL goes through so that we cannot vote on English laws. Will the same constituents not be puzzled about why he is here participating in this debate and adding absolutely nothing to it?

Alberto Costa Portrait Alberto Costa
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I do not understand the hon. Gentleman’s point. If he is talking about a Member who comes from Scotland representing an English constituency, he forgets that this is the British Parliament. I represent a British constituency in the United Kingdom Parliament, and we must never forget that.

Another argument that we have heard for months now is that SNP Members, perhaps using Uri Geller-style psychic powers, can tell us what was in the minds of the no voters. Let me establish once and for all what was in the minds of the no voters. I campaigned in Scotland and spoke to thousands of no voters, and they voted for one simple thing: no to separation, and yes to the United Kingdom, full stop. Anything else that SNP Members suggest they may have voted for is simply based on no evidence.

SNP Members cannot have it both ways. They cannot tell us why they want independence and at the same time tell us what was in the minds of the no voters. The no voters voted no because they want and love the United Kingdom.

Philippa Whitford Portrait Dr Whitford
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The hon. Gentleman suggests that we do not know what was in the mind of the no voters. We have spent months knocking on doors and speaking to them, and they have told us, “I regret it. I voted no because I was afraid, but I wish now that I had voted yes.” We are not mind reading; they spoke to us.

Alberto Costa Portrait Alberto Costa
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Given the promises that the former First Minister made about oil tax revenues, many yes voters have told me how pleased they are that the no voters won. Look at where Scotland would be today had the people of Scotland voted for separation. I am afraid the hon. Lady is fundamentally wrong; many yes voters are very pleased indeed that the people of Scotland sensibly voted to maintain the United Kingdom.

John Nicolson Portrait John Nicolson
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Will the hon. Gentleman give way?

Alberto Costa Portrait Alberto Costa
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Not at this stage.

The truth is that the SNP simply does not want to answer the legitimate questions that we should be asking today about the Bill. It is time for SNP Members to explain to the House, and to the people of Scotland, how they intend to use the extensive powers in the Bill. They are always complaining, but they have not explained that. For example, how will they sort out the mess of the Scottish NHS, which they are in charge of? The SNP gives it less money than the English NHS is given. How will the SNP sort out its centralising tendency? Take Police Scotland, for example. What a clever idea—“Let’s centralise power to Edinburgh.” That is another example of how the SNP holds power to itself, creating a one-party state.

How will the SNP ensure that it properly finances Scotland’s fantastic universities, one of which I was proud to go to? What about answering the questions that university leaders ask the SNP Government about the lack of money, and the problems with governance structures, that the SNP is inflicting on Scottish universities? How will the SNP ensure that it improves the criminal justice system in Scotland rather than blaming London and England and creating gripe and grievance where there is none? The truth is that the SNP has been in government for eight long years, and it is about time it took some accountability rather than blaming London for everything.

The Bill will show the SNP for what it really is, once and for all—a party failing the people of Scotland and ignoring the wishes of the democratic majority who said no to independence.

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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The hon. Gentleman will forgive me if SNP Members do not sit here and listen to him do down our Scottish NHS or our university system, which provides free education for our young people because that is what we believe in in Scotland. He is demonstrating, I think, a wilful lack of understanding of how Scotland works.

We believe in accountability. We win elections in Scotland; in fact, we win elections by majority under a proportional representation system, and we won the general election in Scotland. We are here debating the Scotland Bill, and I would be grateful if the hon. Gentleman began to debate the Bill, so that we can have maximum powers for Scotland and deliver for the people of Scotland where the UK Government have failed them.

Alberto Costa Portrait Alberto Costa
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I am shining a light on what is really happening in Scotland under the one-party state that has become the SNP—[Laughter.] Through this Bill, the Secretary of State and his team—[Interruption.]

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. Hon. Members might not agree with what the hon. Gentleman is saying, but it is simply rude to laugh so loudly and make so much noise that he cannot be heard. Just as I defended the right hon. Member for Moray (Angus Robertson) and made sure that he was heard, so I defend the hon. Gentleman. He will be heard.

Alberto Costa Portrait Alberto Costa
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What will the people of Scotland make of the laughter coming from the SNP Benches? That is disrespectful, and that is the disgraceful state of affairs with Scottish MPs in this House. The truth is that the Secretary of State and his team are presenting a formidable constitutional settlement for the people of Scotland who want a strong United Kingdom of Great Britain. I believe in Scotland having a strong place in the United Kingdom, but there is no devolved settlement that the Government can offer SNP Members because they simply do not want one. SNP Members want the end of the United Kingdom, but we want to see it stay together. This Bill will settle the argument once and for all.

Natalie McGarry Portrait Natalie McGarry (Glasgow East) (SNP)
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The hon. Gentleman is concluding on the basis that the Bill goes as far as the Smith commission, but a committee of MSPs in the Scottish Parliament—including those from the Conservative party—said that the Bill does not meet the aspirations of the Smith commission. How does he answer people in Scotland and his own party who do not believe that the Bill goes far enough?

Alberto Costa Portrait Alberto Costa
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That is simply not the case. The Scottish Parliament’s committees are stuffed to the gunnels with SNP MSPs, so there is no surprise that they are taking the party line. In conclusion, I offer an olive branch to SNP Members. If they genuinely believe in keeping promises to the electorate, let us start with the promise from the right hon. Member for Gordon. They had the referendum, and they lost. Let us now work better together to strengthen Scotland and our United Kingdom of Great Britain and Northern Ireland.

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My right hon. Friend the Member for Moray (Angus Robertson) has explained and quoted from the manifesto on which we stood in that election, but let us be clear: this issue was not No. 97 in our manifesto; it was point No. 1. The main theme of the general election in Scotland, and the central proposition of our party, was that the Scottish Government should receive additional powers, over and beyond what is in this Bill.
Alberto Costa Portrait Alberto Costa
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Will the hon. Gentleman give way?

Tommy Sheppard Portrait Tommy Sheppard
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I would be happy to give way if we will get a joke.

Alberto Costa Portrait Alberto Costa
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Again, part of the disrespect agenda. Does the hon. Gentleman accept that last year’s referendum was once in a lifetime—yes or no?

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Alberto Costa Portrait Alberto Costa
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Is it not a disgrace that the people of Scotland, including Labour supporters and Conservatives who voted decisively to reject separatism, are being completely ignored by SNP Members today?

Lord Austin of Dudley Portrait Ian Austin
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I completely agree with the hon. Gentleman. It is an absolute disgrace.

An even bigger disgrace is the state of education in Scotland, which is run by the SNP. The gap between the richest and the rest has persisted, meaning that the poorest children in Scotland are not getting the opportunities they should. Young people from deprived backgrounds who get to university are facing grants and bursaries that have been cut, making them the lowest in the UK. Every year, more than 6,000 children in Scotland leave primary school unable to read properly, and pupils from a wealthier background are twice as likely to get a higher A than pupils from deprived backgrounds. Pupils from wealthy backgrounds are twice as likely to go on to higher education as those from deprived backgrounds. In further education, 140,000 fewer students are going to college in Scotland, and funding for Scotland’s colleges has been cut by £53 million. Scotland has the lowest percentage of university entrants from the poorest backgrounds and the lowest proportion of entrants from state schools in the UK. As I said, grants and bursaries for poor students have been cut by 35%.

A moment ago, the hon. Member for Central Ayrshire (Dr Whitford) asked me about the health service in Scotland. The truth is that under the SNP standards have been slipping. Waiting time targets have been missed and pressure is increasing on nurses and doctors. Analysis from the impartial Scottish Parliament Information Centre shows that the SNP has not increased investment in the NHS as much as in England, despite rising demand. The accident and emergency waiting time target has not been met for six years. More than 400,000 people have had to wait more than four hours in A and E since 2011. The new flagship Queen Elizabeth University hospital in Glasgow posted the lowest waiting time targets since its opening: only 77% of patients were seen within four hours.

The hon. Lady asked what Scottish doctors are saying. Only one third of NHS Scotland staff say there are enough staff for them to do their job properly. Despite promising less private involvement in the NHS, spending on private health services is at its highest since devolution.

I also agree with my hon. Friend the Member for Nottingham North on the case for greater decentralisation from Holyrood to local authorities, because that might enable local authorities in Scotland to tackle the housing crisis across the country. Scotland is facing its biggest housing crisis since the second world war, with nearly 180,000 people in Scotland on social housing waiting lists. Audit Scotland estimates that Scotland will need more than 500,000 new homes in the next 25 years. In 2007, the year Labour left office in Scotland, there were 25,741 housing completions. In 2014, there were just 15,000—a 40% reduction.

When I visited Edinburgh for a weekend last month, I was absolutely stunned—[Interruption.] The hon. Member for Na h-Eileanan an Iar (Mr MacNeil) thinks it is funny. The level of rough sleeping on the streets of Edinburgh is an absolute disgrace. His colleagues in the SNP should be thoroughly ashamed. Everyone knows that under the Conservatives rough sleeping is increasing right across the country, but I have to say that I saw many more rough sleepers on the streets of Edinburgh than I have ever seen on the streets of Birmingham, which is a much, much bigger city.

On full fiscal autonomy, I agree with new clause 1 and the case for a commission. The Institute for Fiscal Studies has said that the SNP’s plans would leave a £7.6 billion black hole in Scotland’s finances that the separatists have absolutely no idea how to fill. The nats might deny that, so let us have the full independent review that Labour is calling for and get the facts.

Having listened to the debate, you, Madam Deputy Speaker, would be forgiven for thinking that SNP Members would much rather invent rows with the rest of the UK than improve life for people across Scotland. Their whole approach is designed to drive up resentment and blame everyone else for their failings. Instead of being held to account for their record, they want to blame the nasty people down south for everything that goes wrong: everything that goes right in Scotland is down to the SNP; everything that goes wrong is down to the rest of us. The truth is that SNP Members are not interested in policy. They are obsessed with breaking up the country, but having been rejected in the referendum they are trying to engineer a separation by fuelling grievance in Scotland, winding up the English and undermining Labour, because they know they have more chance of a successful vote in a referendum with a Tory Government in place in Westminster.

They are more interested in breaking up Britain than they are in improving the health service, improving education and providing housing for the poorest people in Scotland. It is much easier to blame everything on a supposedly wicked Westminster than it is to try to use the powers they have to improve things in Scotland. In fact, the last thing they want to do is solve the problems in education, health or housing, because then they would not be able to stoke resentment, fuel grievance and blame the nasty English for causing them. It is, I am afraid, the perpetual nat whinge: blame everyone else for your failings and pretend that everything would be solved if only the country was broken up.

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Joanna Cherry Portrait Joanna Cherry
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I think I will make some progress, if the hon. Gentleman does not mind.

Last year, the Scottish Parliament voted by 100 to 10 to endorse the Human Rights Act, and civic society in Scotland, from the Scottish Trades Union Congress to the Church of Scotland, also opposes repeal. Nevertheless, this UK Government have repeatedly confirmed that they intend to go ahead with repeal and that it will apply equally in Scotland as in England, Wales and Northern Ireland.

In Scotland, we are concerned by repeated statements from Ministers of this Government suggesting they believe they could repeal the Act without consulting the Scottish Parliament. Their argument seems to be that they would not need a legislative consent motion, but that is incorrect. Human rights are not a reserved matter under the devolution settlement. Schedule 4 to the Scotland Act 1998 protects the Human Rights Act against modification by the Scottish Parliament, but human rights per se are not a reserved matter. They are not listed as such among the reserved matters in schedule 5 to the 1998 Act. It was part of the late Donald Dewar’s scheme that all matters would be devolved unless specifically reserved, and human rights are not specifically reserved.

Moreover, human rights and the European convention on human rights are written into the Scotland Act, meaning that the Scottish Parliament and Scottish Ministers cannot pass legislation that is incompatible with the convention.

Alberto Costa Portrait Alberto Costa
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Will the hon. and learned Lady give way?

Joanna Cherry Portrait Joanna Cherry
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No, I will make progress. We have heard quite a lot from the hon. Gentleman already. These are important points of great concern to the Scottish electorate, and I want to make them very clear.

In Scotland, we have a national action plan for human rights, as well as a United Nations-accredited Scottish Human Rights Commission, and our commitment to human rights extends not just to the ECHR, but beyond that to social and economic rights.

Alberto Costa Portrait Alberto Costa
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rose

Joanna Cherry Portrait Joanna Cherry
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The hon. Gentleman is clearly desperate to get his oar in, so I will give way.

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Alberto Costa Portrait Alberto Costa
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The hon. and learned Lady raises some important issues, but she is pre-judging what the Secretary of State for Justice might bring before the House. It might well be a beefed-up human rights regime that the Scottish people will want.

Joanna Cherry Portrait Joanna Cherry
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It is hard to take that seriously. Since we have been in the House, we have, through the judicious questioning of Ministers, established that one of their main concerns about the Human Rights Act is the fear they should have to take account of—that is all the Act says—the decisions of the Strasbourg Court. Given that they fear having to take account of European and international norms, I can only assume they want to replace the Act with a considerably watered-down version of the ECHR and the Act. That is merely a logical deduction.

I wonder if I might give way to the hon. Member for Caerphilly (Wayne David), on the Labour Front Bench, who wished to intervene earlier.

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Joanna Cherry Portrait Joanna Cherry
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I am grateful to my right hon. Friend for drawing that to my attention. I would be delighted to take that intervention. Will the hon. Gentleman, whom I believe is a lawyer of sorts, tell us and the people of Scotland why he thinks it acceptable for all Scottish MPs to be excluded from the Joint Committee?

Alberto Costa Portrait Alberto Costa
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It is important that we have sensible lawyers on the Committee. The hon. and learned Lady keeps stating that human rights are not a reserved matter, but they are a very obvious reserved matter. That is my point.

Joanna Cherry Portrait Joanna Cherry
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I am sure viewers in Scotland and everyone reading Hansard tomorrow will be interested to hear that the hon. Gentleman thinks it acceptable to exclude every elected representative of the Scottish electorate from a Joint Committee whose purpose is to scrutinise Bills for human rights compliance across the UK.

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Ian Blackford Portrait Ian Blackford
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I rise to support new clause 36, which would give powers to Scotland over whether and when we hold a referendum. If it is right that there is mutual respect—we are told that there is—then the Scottish Parliament, elected by the Scottish people, has the right to determine its own destiny. The Secretary of State, and no doubt other Members, will be familiar with the words of Lord Cooper from 1953, when he stated that

“the principle of unlimited sovereignty of parliament is a distinctly English principle and has no counterpart in Scottish Constitutional Law”.

In other words, it is the people of Scotland who are sovereign. We come to this House with a mandate from the people of Scotland and that ought to be respected. My message to those on the Government Benches is that they drove through English votes for English laws—

Alberto Costa Portrait Alberto Costa
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The hon. Gentleman is standing in front of another distinguished Member, the right hon. Member for Gordon (Alex Salmond). Does he agree with him that last year’s referendum was a “once in a generation” affair? Yes or no?