Parliamentary Scrutiny of Leaving the EU

Alex Salmond Excerpts

Wednesday 12th October 2016 Commons Chamber

[Keir Starmer]

It is, and I will deal with the prerogative in some detail because it is not fixed. The prerogative changes over time, and in any event, even if it may legally allow the Executive to proceed without scrutiny and accountability in the House, it does not prevent that scrutiny and accountability. It does not require the Government to proceed in that way. It is being used as cloak to avoid the scrutiny that is needed.

[Alex Salmond (Gordon) (SNP)]

Some of us were here during the Maastricht treaty debates, when there were many votes and the Government forces of the day were brilliantly whipped by the present Secretary for Brexit in favour of the Maastricht treaty. Just to be quite clear, is the hon. and learned Gentleman—I am very much minded to support his motion—calling for a vote, not just an examination, on the terms before we send the Secretary of State off to negotiate?

[Keir Starmer]

Absolutely, but I take this in two stages because both are important. Scrutiny—putting the plans before the House—really matters. There is a separate argument about a vote, and I say that there should be a vote, but we must not get to a situation where, to resist the vote, the Secretary of State will not even put the plans before the House.

--- Later in debate ---

[Mr Davis]

It is because it takes a little while to prepare the negotiating strategy—a point to which I shall return.

[Alex Salmond]

rose—

[Mr Davis]

I will give way to my old friend.

[Alex Salmond]

If there is no parliamentary assent for the negotiating position that the Secretary of State takes into the negotiations, how can there possibly be parliamentary assent for the result of the negotiations, unless he pulls off the remarkable trick of getting a better deal than he is asking for?

[Mr Davis]

I will go through the stages of assent later—the right hon. Gentleman makes a reasonable point.

I am determined—[Interruption.] I will give way once more, but then I must make progress.

--- Later in debate ---

[Mr Davis]

I would not expect that as part of the Brexit process. To take the serious point, we need to discuss with all the devolved Administrations how to address sectors—such as fisheries, farming, hill farming—the legal basis of which will alter as we bring things back to the United Kingdom.

[Alex Salmond]

The position or the status quo, as the Secretary of State well knows, is that everything is devolved to Scotland unless it is reserved. Agriculture and fisheries are not reserved; therefore, they are devolved. Unless the Government intend to change that position, agriculture and fisheries will automatically go to the Scottish Government.

--- Later in debate ---

[Stephen Gethins]

I will come to the hon. Gentleman in a moment.

My right hon. Friend the Member for Gordon raised a very significant point about the devolved Administrations that, like most points put to the Secretary of State, was not answered. Fishing and farming are not a matter of negotiation in these islands, so will responsibility for fishing and farming go straight to the Scottish Parliament after Brexit? Or is there going to be a change to schedule 5 to the Scotland Act 1998? There is no answer. But that is not a matter of negotiation. It is a matter of fact—and it is facts that the Secretary of State cannot give us.

The situation is extraordinarily disappointing for the devolved Administrations, who have gone from being involved to being consulted. Will the Secretary of State tell us, as the Prime Minister told us previously, whether there will be an agreed position with the devolved Administrations? Perhaps someone will take a note of that for him. What will be the formal role of the Scottish Parliament?

This place and the UK Government do not have a particularly good track record when standing up for fishermen, farmers and others. The right hon. Member for Orkney and Shetland (Mr Carmichael) has raised the point, as has my right hon. Friend, that when we went into the European Union Scotland’s fishermen, and fishermen across these islands, were described as expendable.

[Alex Salmond]

This intervention will give the Secretary of State the opportunity to consider my hon. Friend’s question. In the days after she took office, the Prime Minister met Scotland’s First Minister and seemed to assure Scotland that article 50 would not be triggered until there was an agreed position with the Scottish Administration. It is very fair for my hon. Friend to ask whether that is still Government policy or whether the Prime Minister has been countermanded by the Secretary of State for Brexit.

[Stephen Gethins]

My right hon. Friend makes a very good point.