European Union (Withdrawal Agreement) Bill

Debate between Alistair Carmichael and Rachel Maclean

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Rachel Maclean]

Thank you for guidance, Sir Roger. I will adhere to it and conclude my remarks by saying that I thoroughly support the Government. I support clause 33, which has to be in the Bill. It is an excellent Bill and I look forward to it passing tonight.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am mindful of your strictures with regard to time, Sir Roger. The hon. Member for Sheffield Central (Paul Blomfield) said during his opening remarks that he did not intend to press new clause 4 to a Division. If it assists the Committee, I can indicate that it is not my intention to press new clause 36, which stands in my name and in the name of my right hon. and hon. Friends. I do, however, wish to speak to those. Before I do so, I would like to pick up on the points made by the hon. and learned Member for Edinburgh South West (Joanna Cherry) to the Secretary of State with regard to the powers given to the United Kingdom Government and to the Scottish Government and other devolved Administrations.

I found the Secretary of State’s explanation to be a little less than clear and somewhat less than convincing. In proposed new paragraph 11B in clause 4, relating to the powers of the Scottish Parliament, he will see that the devolved Administrations have no power to legislate outside their devolved competences. It is of course in the nature of devolution that the Administrations have no power, so I suggest to the Secretary of State that the inclusion of that provision is at the very least somewhat otiose. He would have to come up with a better explanation than he did to the hon. and learned Lady as to why it is necessary to have, or not to have, a similar provision with regard to the powers of this House.

The Secretary of State talked in his opening remarks about the commitment in the Conservative party manifesto, in respect of which it now has a handsome majority in this House. He was quite right to put that before the Committee, and it is perfectly legitimate that the Government should do so. However, I would suggest that he took it one step further than was sensible when he suggested that clause 33 was necessary for the Government to meet their manifesto obligations. Whether or not a Government meet their manifesto obligations is essentially a matter of politics, not law, and for the Secretary of State to suggest it is necessary to have a clause of this sort to meet their manifesto obligations is something of an overstatement. It would be possible for them to meet their manifesto obligations without recourse to clause 33.

As other Members have pointed out, it is perfectly legitimate—we are entitled to do so—for those of us on the Opposition Benches, and I suspect a number of the better-informed Government Members, to point out that the previous implementation agreement reached by the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), was for 21 months. At that point, we thought that was exceptionally ambitious, but now we find that it can all be done in 11 months. I have been a Member of this House for over 18 and a half years. You learn a thing or two in that time, Sir Roger. You know that, because you have been here even longer than me. One of the things we learn is to take assurances of that sort with a measure of some scepticism when we hear them from those on the Treasury Bench, whichever party is in government. That is why I think this is perfectly legitimate.

We have heard the assurances given by those on the Treasury Bench tonight. They may be right, in which case we will have an agreement concluded by the end of this year, but if they are not, those assurances will stand on the record, and the Minister and his colleagues will have to be accountable for them. I suspect that we now have a choice between close alignment, because that will be all that is possible in the 11-month negotiation period, and no deal. It will be interesting to see whether the unity that has been present behind the Secretary of State on the Government Benches today is maintained after that point.