Claim of Right for Scotland Debate

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Department: Scotland Office

Claim of Right for Scotland

Alistair Carmichael Excerpts
Wednesday 4th July 2018

(5 years, 10 months ago)

Commons Chamber
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Ian Blackford Portrait Ian Blackford
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I will not in this case. I am grateful, Mr Speaker. The Secretary of State will have an opportunity to speak later. I want to make progress because many Members wish to speak.

The claim of right acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their need, and the obligation of elected representatives, in all their actions and deliberations, to ensure that the interests of the people of Scotland are paramount. The claim of right is not simply an historical document but a fundamental principle that underpins the democracy and constitutional framework of Scotland. The 1989 claim functions as a declaration of intent regarding the sovereignty of the Scottish people. It set the constitutional convention that, 10 years later, saw the people vote in a referendum for the re-establishment of a Scottish Parliament, which the UK Government now seek to undermine and ignore.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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The right hon. Gentleman has referred to the Scottish Constitutional Convention and the claim of right in 1989. With the benefit of hindsight, does he think that it was a mistake for the Scottish National party not to sign the claim of right or take part in the constitutional convention?

Ian Blackford Portrait Ian Blackford
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I am going to come on to deal with that. I acknowledge the work of the constitutional convention, but let us not forget that the reason the SNP was in that position was that others in the constitutional convention would not allow the principle of independence to be discussed at that time. I am grateful for the enormous progress that we have made on the back of the constitutional convention. Before those on Opposition Benches begin to jeer and snigger, yes, it is a fact that the Scottish National party was not present for the signing and did not take part in the convention. The SNP took part in early discussions, but withdrew when it became clear that the convention would not countenance independence. We believe, and continue to believe, that ruling out such an option was to deny a key principle of the claim to choose the best form of government, but we have always supported the sentiments of the claim of right. The SNP has committed, and recommitted, to its principle. We acknowledge the sovereign rights of the Scottish people to determine the form of government best suited to their needs.

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Ian Blackford Portrait Ian Blackford
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I simply say that if the hon. Lady wants to stay in Europe and in the single market and the customs union, there is already a mandate in the Scottish Parliament for a referendum of independence. Join us in protecting Scotland’s interests!

Alistair Carmichael Portrait Mr Carmichael
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Will the right hon. Gentleman give way?

Ian Blackford Portrait Ian Blackford
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No, I will not—I am going to make progress.

Westminster cannot unilaterally rewrite the devolution settlement and impose UK-wide frameworks in devolved areas without consent. The truth of the matter is that right from the start of the Brexit process, we have seen the UK Government attempting to avoid all attempts at democratic engagement. It took a decision from the courts to force them to consult Parliament over the decision to trigger article 50. Similarly, the UK Government ignored all requests from the devolved Administrations to be involved in the process of triggering article 50, despite Scotland voting overwhelmingly to remain in the EU. Where was the respect? Where was the engagement? There was none.

The Tories have not just ignored the will of the Scottish Parliament; they ignore the interests of the Scottish people. For years, their austerity agenda has punished the people of Scotland. The Tory obsession with punishing the poor and protecting the rich has seen families struggle in hardship, women denied their right to a fair pension, and women who were victims rape made to justify their rights to child benefit. It is absolutely shameful. The policies of this Tory Government are morally repugnant and have no place in a civilised, compassionate Scotland.

On 26 January 2012, Nicola Sturgeon, the First Minister of Scotland, led a debate on the claim of right with the motion that Parliament

“acknowledge the sovereign right of the Scottish people to determine the form of government best suited to their needs, and do hereby declare and pledge that in all our actions and deliberations their interests shall be paramount.”

At that time, 102 MSPs voted for the motion, with 14 Tories voting against—the same old Tories voting against the sovereignty of the Scottish people. Even then, the Tories could not, would not, stand up for the Scottish people.

Ian Blackford Portrait Ian Blackford
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For the hard of hearing on the Labour Benches: Brexit.

The Tories pay lip service to devolution, but they do not believe in it. They do not believe that the Scottish people should have the right to determine the form of government that best suits their needs. What are they afraid of? They are afraid of power being in the hands of the Scottish people. Surely, we are all democrats. Surely, even the UK Government must now accept that it is the people we serve, not they who serve us. That is the crux of this debate. As outlined in the quote I began my remarks with, in Scotland things are different because our view of government is different: it is not top-down; it is ground-up. The single job of government is to serve the interests of our people. It is to carry out their will and to improve their lives—something the Tories have yet to learn.

Today, let the Tories learn this. In Scotland, the people of Scotland are sovereign and the Scottish Parliament embodies the sovereignty of the Scottish people. Next year sees the 20th anniversary of the re-establishment of the Scottish Parliament—something that was fought for by many for generations. [Interruption.] I hear someone shouting, “Not you!”

Alistair Carmichael Portrait Mr Carmichael
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It was one of your colleagues actually.

Ian Blackford Portrait Ian Blackford
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Well, if the comment was about the Conservatives, it was absolutely right. Let us not forget that Bill after Bill was introduced in this Parliament from 1913 right through to the establishment of the Scottish Parliament. In 1997, the Conservatives opposed devolution, and they are still opposing it, which is why they are attacking the Scottish Parliament’s powers with such glee, led by this so-called Secretary of State for Scotland. He should be ashamed of himself.

Our Scottish Parliament finds itself under threat of a power grab from the very party that opposed its creation in the first place. More than two decades after Scotland voted for a Scottish Parliament, the UK Government’s withdrawal Bill constitutes the biggest power grab since devolution. The Secretary of State promised a “powers bonanza” to the Scottish Parliament, while his colleague the Secretary of State for Environment, Food and Rural Affairs went as far as to suggest that immigration powers could be devolved to Scotland. Despite that promise, the Secretary of State for Scotland consistently failed to name one power in that bonanza coming back to Scotland. In December 2017, he promised that amendments would be made to the withdrawal Bill on Report, before going back on that promise and allowing amendments to be made only in the unelected House of Lords. The Secretary of State has not once apologised for the fact that the House of Commons never had that opportunity—that this elected Chamber never had the opportunity to discuss amendments to a Bill that affected the devolution of Scotland—thus showing utter contempt for our Parliament and for our people. Since then the Secretary of State has been missing in action, refusing to lead on an emergency debate on the Sewel convention that was called by the SNP following a refusal to allow time for us to debate clause 15 once the Bill had returned from the House of Lords.

If Members are not convinced of the Secretary of State’s inadequacy for the job, let them hear this. He recently removed all doubt about his views by saying, “Scotland is not a partner in the UK.” Scotland is not equal: that is exactly what this Government think of the people of Scotland, and their actions reflect that sentiment. The Secretary of State cannot stand up for Scotland, because he does not recognise Scotland as a partner in the United Kingdom. He has unilaterally downgraded our role. It is little wonder that he is without consequence when it comes to standing up for Scotland. What a damning indictment of the Tory party!

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Marion Fellows Portrait Marion Fellows (Motherwell and Wishaw) (SNP)
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Today’s debate is not just important for the people of Scotland, but of great importance to the many peoples and nations throughout the world—notably our friends in Catalonia and the political prisoners there, to whom I would like to pay my respects. At the heart of today’s debate is human rights, and specifically a people’s right to self-determination. That is enshrined in international law under article 1 of the United Nations charter, which states that one of the purposes of the UN is to

“develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples”.

I do not believe that anyone in this place—not even Tory Members—would say that Scotland’s people are not a nation. The only conclusion that can be drawn is that Scotland’s people and Parliament have the power to decide their own future.

As the motion states—I am speaking to the motion—it is the sovereign right of the Scottish people to determine the

“form of government best suited to their needs”,

and no one else’s right. I respect the opinion of people here who believe that Scotland should remain in the UK, and Scotland did vote to do so, but that was before it voted to remain in the EU. I ask those same people to respect the will of the Scottish people on that matter.

Alistair Carmichael Portrait Mr Carmichael
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What Scotland voted for was for the United Kingdom to remain part of the European Union. I campaigned and voted for that, but I did not want to see my vote then used as a lever to break up the United Kingdom. When the hon. Lady tries to do that, she does so not in my name or in the name of the majority of my constituents.

Marion Fellows Portrait Marion Fellows
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The right hon. Gentleman is looking very angrily at me.

Alistair Carmichael Portrait Mr Carmichael
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That is just my natural expression; you can’t hold that against me.

Marion Fellows Portrait Marion Fellows
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In that case, I apologise.

We will never agree on this. We are talking about the sovereign right of the Scottish people. I choose not to divide my country. I love my country. When I talk to people in Motherwell and Wishaw, the one thing they say they really love is their Scottish Parliament. That is why we are talking about the claim of right.

We can exchange figures, numbers and percentages, but what is important is that decisions were made by the Scottish people based on the circumstances of the time. That is the very nature of democracy, from elections to referendums. Today’s political reality is that there have been major upheavals to the fundamental political and economic circumstances of modern-day Scotland, and it is on that basis that Scotland must again reconsider its options.

Scotland is at a crossroads. We must decide not only what form of government best suits our needs, but what type of country we are. That discussion is going on in homes, communities and workplaces across Scotland as people slowly but surely decide. People in Scotland see the Prime Minister walking hand in hand with Donald Trump. They see the rich getting richer while their communities and neighbours struggle. They see this place treating Scotland with utter disdain, giving devolution only 15 minutes of consideration—and that time was totally taken up by the Chancellor of the Duchy of Lancaster. With foreign wars, nuclear weapons on the Clyde, food bank use through the roof and precarious low-paid employment, people in Scotland imagine something better for their lives which Westminster has failed time and again to deliver: peace, security and more power over the decisions that affect their lives.