Scotland Act 1998: Section 35 Power

Alison Thewliss Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

Well, it is. It is also about protecting the devolution settlement and two UK-wide Acts.

[Alison Thewliss (Glasgow Central) (SNP)]

I have been contacted by Mackenzie, an inspirational woman I met recently in my constituency. She says:

“I did not choose to be trans. I did not choose to have my rights taken away, and I certainly did not choose to have my life up for debate from people who don’t even know or empathise with my community.”

Can the Secretary of State tell me why, in the absence of the UK doing anything whatsoever about improving trans rights, he is standing in the way of the Scottish Government making progress?

[Mr Jack]

First of all, of course we respect and support the trans community. If the hon. Lady wants to raise specific issues, the Minister for Women and Equalities is very happy to have a meeting with her.

Gender Recognition Reform (Scotland) Bill: Section 35 Power

Alison Thewliss Excerpts

Tuesday 17th January 2023 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

Thank you, Madam Deputy Speaker. I rise to support the right of the Scottish Parliament to legislate and to oppose the Government’s attempts to override the democratic wishes of our democratically elected Scottish Parliament. Scotland joins countries such as Denmark, Malta, Ireland, Norway, Belgium, the Netherlands, Portugal, Switzerland, Argentina, Uruguay and New Zealand in this change. The UK Government have not acted, yet they seek to deny the Scottish Parliament the right to do that.

The Government’s thin statement of reasons really has a whole load of supposition, guesswork and nonsense within it. It says that we cannot possibly have the legislation in Scotland because His Majesty’s Revenue and Customs cannot fix its systems. We cannot possibly have it in Scotland because the UK Government are second-guessing the number of people who might take it up. We cannot have it in Scotland because the tiny, small, limited number—a handful—of private schools in Scotland that still offer single-sex places might have a problem. That is ludicrous nonsense and very thin.

I want to raise in particular the statement made today by all the women’s organisations in Scotland, which say:

“Too much of the debate around the Bill has been shaped by misinformation on what the bill will actually mean in practice. The majority of human rights, women’s and equalities organisations in Scotland have shown clear, consistent and unified support for this legislation throughout its seven years in development.”

There is a longer statement signed by Amnesty International, Close the Gap, Engender, Human Rights Consortium, JustRight Scotland, National Union of Students Scotland, One Parent Families Scotland, Rape Crisis Scotland, the Scottish Trades Union Congress, the Scottish Refugee Council, Scottish Women’s Aid, the Scottish Women’s Convention, the Scottish Women’s Rights Centre, Young Women’s Movement and Zero Tolerance.

If UK Government Ministers in this place think that they know better than those experts with years of experience in dealing with vulnerable women, they really have another think coming. They should reject their actions, draw back from opposing the Bill and let the Scottish Government get on with the business of giving trans people the rights that they so richly deserve.

Scottish Referendum Legislation: Supreme Court Decision

Alison Thewliss Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Mr Jack]

The hon. Gentleman will be disappointed with my answer, which is that I refer him to the remarks I made earlier.

[Alison Thewliss (Glasgow Central) (SNP)]

In 2014, the people of Glasgow voted for independence, and I am sure that if the question were put before them again, they would do so again. But we are not in 2014. Does the Secretary of State accept that democracy did not exist only on 18 September 2014? Democracy is a living thing. Does he accept that the people have the right to change their mind?

[Mr Jack]

The people of Glasgow did vote for independence in 2014, as did three other local authorities in Scotland. However, the other 28 out of 32 voted to remain in the United Kingdom.

Oral Answers to Questions

Alison Thewliss Excerpts

Wednesday 16th March 2022 Commons Chamber

[Mr Jack]

Everyone who cares about Scotland’s prosperity will welcome the additional UK Government investment of up to £52 million, on top of the massive tax and customs benefits to the Scottish economy, drawing in more private sector investment. I would have thought that all parties in Scotland would have welcomed the opportunities and jobs that will flow from the new freeports in Scotland. However, sadly the Scottish Greens, the SNP Government’s coalition partners, oppose them, which shows how irresponsible it was for Mrs Sturgeon to invite a party so opposed to economic growth to join her in government.

[Alison Thewliss (Glasgow Central) (SNP)]

Freeports around the world have long had an association with tax dodging and economic crime. In light of the Government’s responsibility to bring forward an economic crime Bill No. 2, will they review their freeports policy?

[Mr Jack]

That is an utterly ridiculous question. I received a letter from a Scottish Government Minister saying that freeports were a “tarnished brand” reminiscent of smuggling and tax evasion, just before they signed up to our policy.

Oral Answers to Questions

Alison Thewliss Excerpts

Wednesday 11th November 2020 Commons Chamber

[Mr Jack]

We have invested more than £230 million in manufacturing any successful vaccine. The vaccines have been procured and paid for by the UK Government on behalf of everyone in the United Kingdom. Doses will be distributed fairly and across all parts of the United Kingdom according to population share.

[Alison Thewliss (Glasgow Central) (SNP)]

A business operator in my constituency contacted me four days before furlough was supposed to end. He operates two bars in my constituency. As a responsible employer, he had kept on his 44 staff and taken on the debt from bounce back loans, but he was absolutely at the end of his tether with this Government and their last-minute decisions. Will the Secretary of State apologise to that business operator in my constituency for the severe stress that the Government’s dithering has caused him and for the distress that it has caused his employees, as well as to the many people who could not keep on their staff or who lost their jobs due to this Government’s incompetence?

[Mr Jack]

The hon. Lady will recognise that this is a dynamic and unprecedented situation, and we have to take decisions as we see what is in front of us. The employers of those who lost their jobs after 23 September, but were in employment and furlough up until 23 September, are allowed to bring those employees back and put them on furlough.

Migration and Scotland

Alison Thewliss Excerpts

Tuesday 11th February 2020 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

I am glad to follow the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie), because he makes some interesting points. Although we disagree on how these issues might be resolved, it is interesting to hear his views.

Of all the constituencies in Scotland, Glasgow Central has the most constituents who were not born in the UK. I have been totting up the Library’s figures from the 2011 census and, with 21,283, I have more people in my constituency who were not born in the UK than the five previous Conservative speakers put together, so I will take no lessons on the value of immigration to my constituency from people who have so little immigration and, I am sure, so few concerns raised at their surgeries.

Week in and week out, I have people in tears at my surgeries because of how this UK Government and the Home Office have treated them. They have been treated without respect, they have been treated arbitrarily and they have been treated cruelly for many years. Something has to change, and this is a small proposal from the Scottish Government to mitigate some of that damage. One of my reasons for supporting independence is that I do not want people to go through what my constituents have been through at the hands of the UK Government.

Have no doubt, the SNP believes immigration is a good thing. As the hon. Member for West Aberdeenshire and Kincardine said, we are a country that has suffered from emigration over many years, with our people leaving and going to other countries. We have no right to deny people the chance to come and make their home in Scotland, and to do us the privilege of making their lives here.

Not only is the UK Government’s policy on immigration immoral in many ways, but it makes no economic sense. As we are all aware, Scotland has an ageing population. We need to grow our population to keep our economy afloat and to help people have a decent standard of living in old age. The Tories have decimated support for families and, through policies such as the two-child limit and the rape clause, they have actively discouraged people from having more children. The only remaining option is to encourage migration, but they have not done that, either. Instead, they have imposed arbitrary targets on migration over the years, which is sheer economic illiteracy. It is completely unsustainable.

Conservative Members have talked about attractiveness, but we are fighting that battle with one hand behind our back because of the hostile environment, the “Go Home” vans and the Home Office’s policies. We can only do our best to try to mitigate that. We can only do our best to say that Scotland is a welcoming country, that we want people to come and we want them to stay.

For the right hon. Member for Forest of Dean (Mr Harper), who has 3,014 non-UK citizens, to tell me that my constituency and my country are unattractive is, frankly, insulting. Unless substantial changes are made to Scotland’s ability to encourage immigration, we are looking at a ticking demographic time bomb. Average earnings in Scotland are less than £24,000 a year, but the immigration salary threshold is £30,000. What is that a measure of? It is certainly not a measure of how much a person is valued. How precious are the workers and care nurses in hospitals to a family? How valuable are social care workers to our future? It is shameful that any arbitrary value has been put on people who choose to come to build their lives here. That arbitrary target is above what can be reasonably earned by skilled worker.

Recently, a constituent came to my surgery who worked by day as a mortgage adviser in a bank—one would imagine that is a fairly good, high-profile, skilled job—and by night as a shelf stacker in a supermarket. He was working all the hours he could get so that his wife and son could come to live in Scotland. He should not be absolutely wearing himself down to do that. He is doing a good job that is valuable. We think it is important to society, but that is not how he felt. He felt as though he was doing everything he could against a system that did not even care—that did not even value him. I get this time and time again at my surgeries.

[Jamie Stone]

I am listening with great interest to a well thought out speech. Members will recall that some months ago I unwittingly invited the former Prime Minister to accompany me to a hotel in the highlands and laughter overtook the Chamber. The point I was making was that the hotel and tourism businesses in the highlands depend on migrant workers. That was a problem then and I suspect it will be a problem now. I want to put that on the record, because we need to remember it.

[Alison Thewliss]

The hon. Gentleman is correct about that. As a member of the all-party group on hospitality, I agree very much that that sector needs to have people coming in here to do those jobs and that we value them as well, because they bring not only their skills to our restaurants and catering services, but their food, which we enjoy. We should thank them, rather than making them feel unwelcome.

Let me move on to people in the care sector and the issues they face. A couple came to see me on 16 December 2015, having worked in care homes and been very much valued there. They were then at the point of working in their care home voluntarily because the Home Office had rescinded their right to work. They had a son they are putting through school. They came to see me at my surgery on 13 January to say that finally, after five years, they had been granted their status. They were looking forward to going back to work in the care home, because that care home had kept the faith that they would eventually get the chance to work and be paid for it. During that period of many years they were hosted by volunteers from Positive Action in Housing, and they were supported by the British Red Cross, their solicitors McGlashan MacKay and a range of services that provided them with food for free, with food banks and with other things. They had to come to my office to get school uniforms for their growing son. During that time they were destitute. What does that say to that family? They want to come here and work hard, they are in a valuable role, but the Home Office says, “No, actually, we don’t need you.” We know that we do. We know that we need people in the care sector, yet a couple who have dedicated their lives to caring are being told that they cannot do that. So I have no confidence in the UK Government to make the required changes that will allow constituents such as these to manage their lives, to be a success and to feel welcome in this country.

[Angus Brendan MacNeil]

I echo the point made by the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) about this being a well thought out speech. I also echo his point about hotels and my hon. Friend’s point about the care sector. At the heart of this debate is surely the one-size-fits-all approach the UK Government take. They do not do what Switzerland or Canada do; they think that Whitehall and Westminster know best, but in the west highlands we have needs, and Glasgow has needs. We need to have a decentralised policy—not one that suits the headline writers of the Daily Mail, but one that suits Scotland.

[Alison Thewliss]

My hon. Friend is absolutely right on that. In many ways, his constituency could not be any more different from mine, but the needs are not being catered for by the Home Office in any way.

We have been expecting an announcement from the Government on what the new post-Brexit immigration policy will look like, and there has been a lot of speculation that we will have an Australian-style points-based system. However, there has been no acknowledgement that Australia’s system allows for a degree of autonomy for territories to decide their own criteria on migration, with the ability to adjust their policy to their own diverse needs. There has been no acknowledgement, either, that the Australian system is much more generous than the one we have here just now, or that in her first speech after she demitted office as Prime Minister the right hon. Member for Maidenhead (Mrs May) got up and said pretty much to the Home Office, “Good luck. We looked at it.” So I wish the Minister all the best of luck in trying to establish a system that does not have the evidence to back it up.

We on the SNP Benches have long called for a separate immigration policy for Scotland, and we have long been told by the UK Government that that would not work. We do not believe them on that, as on so many other things, because research from the Fraser of Allander Institute and the David Hume Institute has shown not only that it would work but that it is vital if Scotland is to meet the demographic challenges of the future. It is not good enough for the UK Government to take this one-size-fits-all approach when there are pressing concerns in Scotland. If they will not take action to address this issue, perhaps they should allow the people of Scotland to decide for themselves who they want to be in charge.

If you will indulge me and allow it, Mr Deputy Speaker, I wish to highlight a couple of cases from my recent casework. The Scottish Government said as part of their Budget last week that they are going to look to set up some means of addressing the issue of “no recourse to public funds”. This relates to what the right hon. Member for Forest of Dean said about people not being allowed to access the benefits system in any way. I had a woman who had been coming to my surgeries for many years. She was No. 3 on my books after the election in 2015. She was working hard in a low-paid role and doing everything that she could but, because she had no recourse to public funds, she was just about managing the rent and her electricity, but she could not buy Christmas presents or school uniforms or put food on the table. That is not fair: she is doing everything that she can, yet because of “no recourse to public funds” she cannot do anything about it. The Home Office is sneaky on this, because every time somebody tries to find a workaround for “no recourse to public funds”, the Home Office promptly shuts it down. The Scottish Government want to help. The Scottish Government do not want people to face destitution. It is immoral and wrong for the UK Home Office to decide that it wants to make people destitute and to make people struggle so hard that they want to leave this country in poverty.

I also wish to mention the case of a particular constituent who came to me. I do not want to mention names because the case is quite sensitive, but this man is a local imam and his wife had complications giving birth, lost 17 litres of blood and was given a transfusion during a horrific ordeal in her pregnancy. They applied for the imam’s mother to come over to support her after the birth, because she was in desperate need and, because of parental leave issues, he had to go back to work. The Home Office refused that reasonable visitor’s visa. There is a lack of compassion that runs through the Home Office and prevents people from getting visitors’ visas on very reasonable grounds. Week in, week out, I see people who are desperate, broken and sad. They are people who want to show off Scotland and their new home. Members have talked about not being welcoming enough; the visitor visa system, which refuses people for no reason whatsoever other than the fact that they come from a country where people are brown, is a system that cannot stand and must stop. [Interruption.] The hon. Member shakes his head; he can come and sit in my surgery. [Interruption.] He is looking about. You know who you are. The Minister, the hon. Member for Moray (Douglas Ross), shakes his head; he can come and sit in my surgery and he can listen to the people who come to my surgeries from particular countries who get refused visitor visas time and time again.

[Douglas Ross]

I am sure the hon. Lady did not mean to mislead the House, but I can assure her that I did not move my head in any way. I am listening intently to her speech and the cases she is raising. It would be wrong to mislead the House and people watching by suggesting that I did otherwise.

[Alison Thewliss]

The hon. Member moved his head. Perhaps he was not shaking it. He certainly did not look like he was taking on the points that I raised.

The point is that not all constituencies are the same. Perhaps I could forgive those on the Tory Benches who do not have constituencies that look like mine and who do not have surgeries that feel as desperate and as sad as mine. I invite them to come and sit in my surgeries if they want to—if they are willing to and are bold enough to—because they need to know that the system as it stands does not work. It does not work for people, businesses or the economy at large.

[David Duguid]

rose—

[Alison Thewliss]

I am just finishing up.

If Members on the Tory Benches are telling me that they know better than the experience of my constituents at my surgeries every week, they are wrong. If the Labour party is telling us that it will all be fine if we wait for an indeterminate period of time until Labour comes back into office, when things will be better, I am sorry but I do not believe that, either. I do not think that is good enough. How long should my constituents have to put up with this? Would it not be better if we had the full powers of a normal independent nation, and could support ourselves and decide who is worthy of coming into our country and doing us the honour of making Scotland their home?

Oral Answers to Questions

Alison Thewliss Excerpts

Wednesday 8th May 2019 Commons Chamber

[Ronnie Cowan (Inverclyde) (SNP)]

3. What recent discussions his Department has had with the Scottish Government on the potential effect on the devolution settlement of the UK leaving the EU.

[Alison Thewliss (Glasgow Central) (SNP)]

6. What recent discussions his Department has had with the Scottish Government on the potential effect on the devolution settlement of the UK leaving the EU.

[Patrick Grady (Glasgow North) (SNP)]

7. What recent discussions his Department has had with the Scottish Government on the potential effect on the devolution settlement of the UK leaving the EU.

--- Later in debate ---

[David Mundell]

My recollection of the 2017 general election is that the SNP lost 500,000 votes and 21 seats and came within 600 votes of losing another six.

[Alison Thewliss]

During the Scottish Tory conference, Ruth Davidson told STV that she was getting ready to fight an independence referendum. Is there something the Secretary of State would like to tell us? Has the Tory party finally realised that it cannot deny the people of Scotland their right to have a choice over their own future?

[David Mundell]

As I myself told that conference, there is only one guaranteed way to get an independence referendum off the table and discussion of independence away from the Scottish Parliament, and that is to elect Ruth Davidson as the First Minister of Scotland. [Laughter.]

Glasgow School of Art

Alison Thewliss Excerpts

Tuesday 19th June 2018 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

(Urgent Question): To ask the Secretary of State for Scotland to respond to the fire at the Glasgow School of Art.

[The Secretary of State for Scotland (David Mundell)]

As the House will be aware, a fire broke out at Glasgow School of Art’s renowned Mackintosh building on the night of 15 June. The building is one of Glasgow’s iconic landmarks and is regarded as Mackintosh’s greatest work. It is rightly of global architectural significance and a unique and irreplaceable building in the eyes of many people worldwide. The art school itself is a work of art—a jewel in a city that sparkles with architectural splendour. It is worth noting that the building next door, the O2 ABC music venue, has also been affected, and it is even older and has a colourful and varied history. The art school was never a museum piece, but a living, breathing, working art school—a powerhouse of creativity and a much-loved part of the fabric of Glasgow. We can be grateful, however, that the tragedy was not worsened by loss of life, and my heartfelt thanks go out to the emergency services, particularly the fire service, who attended the scene under such adverse conditions and in the heart of the vibrant city’s nightlife.

Many people, such as myself, are still in disbelief that this could happen again after the devastating fire of 2014, particularly given the painstaking and careful efforts that have taken place to restore the building over the past years. I visited the building on 1 June as the guest at the opening of the 2018 degree show and saw the restored library and the famous “hen run”. I was struck by the love and passion of those involved in restoring the building. I am personally devastated by the fire, a fact which I communicated directly when speaking to the school’s director, Professor Tom Inns, over the weekend. My heart goes out to the school, its students and supporters, who did so much to raise funds for the restoration after 2014.

At this point, we do not know the cause of the fire, but I note that the fire service has assured us that a comprehensive and professional probe will be carried out in due course. The UK Government previously gave £10 million to rebuild the school after the last fire, and we stand ready to help again. There was never a question about the need to rebuild and restore the building when tragedy struck four years ago. The situation is far worse after the weekend’s fire, but I hope we can start with that aim in mind.

Obviously, there are real questions about what will happen next. We stand ready to work with the school, the city council and the Scottish Government. I am visiting the site and meeting the head of the school on Friday, and I will update Members when I am in a position to do so.

[Alison Thewliss]

I thank the Secretary of State for his comprehensive response and for the support he has given.

The loss of the Glasgow School of Art, particularly in the 150th anniversary year of Mackintosh’s birth, is a very sore loss indeed for the city. As the Secretary of State mentioned, the building is internationally significant and is held very preciously in our hearts in Glasgow. All who have visited and studied there, and even those who have not been inside, feel that the building belongs to the city of Glasgow and to each individual.

It is a catastrophe to lose the building, and my heart goes out to the staff at the GSA, to Professor Tom Inns and his staff, to those who worked on the restoration and particularly to the craftspeople who put so much love, care and attention into bringing back skills that have gone out of fashion to bring the school back to its former glory.

The Secretary of State is right to mention the vibrant O2 ABC venue, which was very much part of the cultural scene in the city of Glasgow. That will also be a very sore loss to Glasgow.

Like the Secretary of State, I pay tribute to the Scottish fire and rescue service, which pumped water uphill from the Clyde to try to douse the huge flames of the inferno on Friday night; the police, who kept everybody safe; and the Salvation Army, which was on hand to provide rolls, sausages and Irn-Bru to the Weegie fire crews. They did a tremendous job in reacting to the fire, too.

Does the Secretary of State agree that speculation at this time about the future of the building and the cause of the fire is unhelpful and that we should allow the experts in the fire and rescue service to do their investigations and to carry out their very detailed work, which may take some time to reach a conclusion? It is important that we get the answers and that we learn the lessons of this fire.

Will the Secretary of State support looking at all options to ensure that traders and residents of the Sauchiehall Street and Garnethill area are supported through this and are given the financial support they need? Will he look at the further detail of whether sprinklers can be made mandatory in historic buildings?

Finally, I am glad to hear that the Secretary of State is offering support for the renovations, and I look forward to hearing more on that in the coming weeks. Can he confirm that he will give more support for donations coming from other sources and that he will use the Government’s efforts to bring in more money?

[David Mundell]

The House can hear the hon. Lady’s passion for the Glasgow School of Art, which is reflected across the city of Glasgow, across Scotland and across the world. She is right that speculation is unhelpful at this time, which is why I do not support calls at this stage for a public inquiry. The investigations that would normally follow a fire and the detailed investigations that are under way should be allowed to follow their course. Of course, some of those investigations will be into the structure of the building and will determine what can happen next.

As I have said, I want to work with the school, the city council and the Scottish Government once views are formulated on how a restoration can be taken forward. We stand ready to help, as we did in 2014. I will discuss the traders, businesses and residents around the Glasgow School of Art with the Scottish Government and the council.

European Union (Withdrawal) Bill: Sewel Convention

Alison Thewliss Excerpts

Thursday 14th June 2018 Commons Chamber

[David Mundell]

When we brought forward the initial proposals, Members of this House, Members of the Scottish Parliament and others responded to those proposals, and I appeared before the Finance and Constitution Committee of the Scottish Parliament. We listened to what we heard from all of those, from civic Scotland and from elected representatives across Scotland, and we made very, very significant changes to the Bill. As the hon. Member for Edinburgh South (Ian Murray) pointed out, we were extremely close to reaching agreement. Those in the room felt that agreement could be reached but, at the end of the day, Nicola Sturgeon and the Scottish Government did not agree with what was proposed. On that basis, we have not been able to conclude agreement. I regard that as regrettable. I would still welcome it if the Scottish Government came on board with the Welsh Government in relation to supporting the proposals if that is at all possible.

[Alison Thewliss (Glasgow Central) (SNP)]

Thank you for calling me, Mr Speaker. My knees are now well and truly jiggered.

Is it not a worrying and disturbing interpretation of consent when one institution can impose legislation on another? Could the Secretary of State tell us exactly what his definition of consent is?

[David Mundell]

I set out in my statement the definitions and the operation of the Sewel convention. I understand that the hon. Lady does not support the existing constitutional arrangements in the United Kingdom and wishes to change them. That is, as I have repeatedly said at this Dispatch Box, a perfectly legitimate position to adopt, but what is not right is to seek to misconstrue the existing arrangements. The Sewel convention is clear and this Government have acted in accordance with it.