Scotland Act 1998: Section 35 Power

Debate between Alister Jack and Hannah Bardell

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

Absolutely.

[Hannah Bardell (Livingston) (SNP)]

This Tory Government make me sick to my stomach. If this Secretary of State is going to come to this House and trample all over trans rights, Scottish democracy and equality, he should at the very least do his homework. Clearly, he knows as little about this Bill as he does about devolution. Are he and his Government so scared of democracy and equality that he really thinks it is justifiable to use one of the most marginalised groups in our society as political fodder in their anti-trans, anti-equality and anti-democratic endeavours?

[Mr Jack]

I do not recognise any of those remarks. This is about following legal advice—and not taking the decision lightly—on the adverse effects that this Bill has on two UK-wide, or GB-wide, Acts. That is the position we are in. We have written to the Scottish Government to explain our position. We will lay the statement of reasons later. This has nothing to do with trampling over transgender rights. This is entirely to do with following a legal process and taking the legal advice that we sought.

Oral Answers to Questions

Debate between Alister Jack and Hannah Bardell

Wednesday 9th December 2020 Commons Chamber

[Mr Jack]

Scotland is in the fortunate position as part of the United Kingdom of not having a land border that it needs to worry about. The Northern Ireland situation is different—it has special circumstances. We have resolved the problem as we promised we would.

[Hannah Bardell (Livingston) (SNP) [V]]

The Secretary of State would do well to remember that the SNP is a democratically elected party of Government in Scotland. Although we take nothing for granted, pollsters continue to suggest that the SNP will win a majority of seats in the Holyrood elections this coming May, and 15 consecutive polls show a clear majority mandate for Scottish independence. Does he believe that his Government’s disastrous internal market Bill has contributed to that rise in support for the SNP and Scottish independence?

[Mr Jack]

There is nothing disastrous about a United Kingdom Internal Market Bill that has mutual recognition and non-discrimination at its base, and that protects jobs in Scotland and people’s livelihoods, when 60% of Scotland’s trade is to the rest of the United Kingdom, worth over £50 billion and, as the Fraser of Allander Institute said only last week, providing 554,000 jobs.

Oral Answers to Questions

Debate between Alister Jack and Hannah Bardell

Wednesday 11th November 2020 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

What recent discussions he has had with Cabinet colleagues on the extension of the coronavirus job retention scheme in Scotland.

[The Secretary of State for Scotland (Mr Alister Jack)]

Today, on the 11th day of the 11th month, I am sure the whole House will join me in remembering those who made the ultimate sacrifice in service to our country.

I have regular discussions with my Cabinet colleagues on all aspects of how we support the entire country, including Scotland, through the covid crisis. The coronavirus job retention scheme has always been a UK-wide scheme, and it has now been extended until the end of March 2021, with employees across the UK receiving 80% of their current salary for hours not worked.

[Hannah Bardell]

May I associate myself and those on the SNP Benches with the comments of the Secretary of State?

At the last Scottish questions, my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) raised a very serious concern about levels of poverty when the job retention scheme ended. The Minister at the Dispatch Box said that November would be the right time to look at a targeted scheme, as if he had some magical powers of poverty prediction. Imagine our surprise, Mr Speaker, when the south of England went into full lockdown and the full force of furlough came back into force. Will the Secretary of State clarify whether the notion of targeted is really targeted at the south of England, with a huge disrespect to Scotland and the rest of the devolved nations?

[Mr Jack]

Absolutely not. The Prime Minister was clear from the get-go, following Cabinet on the Saturday when we discussed the new economic situation in England, that it was a UK-wide scheme. It is 80% for the whole of the United Kingdom. It is a simple scheme and it is for our whole country and he has been absolutely clear about that from the start.

Oral Answers to Questions

Debate between Alister Jack and Hannah Bardell

Wednesday 8th January 2020 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

Will the Secretary of State put to one side his fluffy rhetoric and answer this? When he considers the regional growth deal for Edinburgh and the Lothians, will he look into the mess that his Government have made in respect of the closure of Her Majesty’s Revenue and Customs office in Livingston and the move to Edinburgh? Will he do as his predecessor did and come to Livingston and West Lothian, speak to my constituents, the workers, the unions and the elected representatives, and look into what can be done to fill the gap and sort out the mess made by his Government?

[Mr Jack]

I am happy to speak to the hon. Lady outside the Chamber about her concerns.

Suspicious Deaths Abroad

Debate between Alister Jack and Hannah Bardell

Wednesday 28th February 2018 Commons Chamber

[Hannah Bardell]

I thank my hon. Friend for his intervention. He raises some very pertinent and important points. I appreciate that some of them are outside the FCO’s remit, but there are wider issues in relation to insurance companies, with whom some of my constituents have struggled, and protocols, procedures and legal systems. Unfortunately, when Kirsty’s family arrived in Spain they were initially given very little support. They were given a list of English-speaking lawyers, but there was no indication of whether any of them had any expertise in homicide. That has been very challenging.

[Mr Alister Jack (Dumfries and Galloway) (Con)]

I thank the hon. Lady for securing the debate and for the proposed all-party group on deaths abroad, on which I have said I will help. She refers to poor local police performance. That was certainly the case for Michael Porter, whose mother from Dumfries died in suspicious circumstances in March 2009 on the island of Crete. It was over a year later that the police decided it was murder. Since then, very little has happened and Michael Porter is still fighting for justice for his mother. I hope that the Minister will meet Michael Porter at some point. I also hope that the hon. Lady’s proposed all-party group and this Adjournment debate will help the many people in this dreadful situation.

[Hannah Bardell]

I thank the hon. Gentleman for his intervention and I very much look forward to working cross-party on this issue, which transcends party political boundaries. We can all work constructively to bring about change.

We want to know what more the FCO can do to assure people like Julie’s and Kirsty’s families that, where a police investigation is not being properly executed, it will make representations and put pressure on the authorities to investigate properly, or invite the police from the nations of the UK to help, as was rightly done, as we all remember, in the case of Madeleine McCann. No one expects them to promise to fix it, but more attempts can be made. I feel very strongly that not enough has changed for the families I represent since the report.

We have heard of many other cases from constituents. I know that my hon. Friend the Member for Glasgow North (Patrick Grady) has a constituent, Julie Love, who has done a huge amount of work on this issue following the death of her son Colin, who died in a swimming accident in Venezuela. She successfully campaigned to have the law changed in Scotland on fatal accident inquiries.

The correspondence with the Government on both of my constituency cases has uncovered some concerning points.

European Union (Withdrawal) Bill

Debate between Alister Jack and Hannah Bardell

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Mr Jack]

I will make some progress, if I may. Voting remain was a leap of faith that I could not take. I am not here to call for chaos; in fact, it is crucial to the short-term success of Brexit that we disengage from the EU with as little disruption as possible. That is why I support the Government’s plan for a time-limited implementation period after exit day. It is also why I support the Bill, which ensures that the statute book will continue to operate normally on exit day. We have a whole future ahead of us in which to use the controls that we will gain from Brexit to reform the laws and regulations in agriculture, fisheries and so on. At present, the focus should be on ensuring that the process of Brexit runs smoothly. The Bill recognises that.

For me, that approach extends to our devolution settlement in Scotland. We all expect the Scottish Parliament to become more powerful as a result of Brexit, but it is vital that we have secured common frameworks that ensure that the Union continues to function properly after Brexit. The Scottish Government, I hasten to point out, agree—and I commend them for that.

I call on both of Scotland’s Governments to come to a quick agreement. Scots deserve clarity in advance about exactly which powers will rest with Holyrood and which with Westminster after Brexit. The amendments to clause 11, proposed by SNP, Labour and Liberal Democrat Members, do not help that process. Clause 11 preserves the current devolution settlement.

[Hannah Bardell (Livingston) (SNP)]

One of the hon. Gentleman’s colleagues has just said that he wants specifics about clause 11, while another says that the Conservative party respects the devolution settlement. Can the hon. Gentleman explain what it is about amendment 72—

“This section shall not come into effect until…the Scottish Parliament…the National Assembly for Wales…and…the Northern Ireland Assembly has passed a resolution approving the provisions”—

that does not respect the devolution settlement or support his position?

--- Later in debate ---

[Mr Jack]

That is correct—that is what we are negotiating about. The 111 powers are already devolved at implementation level. That exists at the moment. The question is about where the frameworks sit in respect of the powers that come back from the EU. We have to look at our internal market and how we would better run our country.

On issues such as food standards, it makes complete sense for us to have one framework for the United Kingdom, so that everyone can participate in the trade deals that we do. If we had different rules and regulations in different parts of the United Kingdom, our overseas trade agreements and internal market would fall apart.

[Hannah Bardell]

The hon. Gentleman talks about different regulations. Surely he understands the desire in Scotland, which the votes cast in Scotland reflected, to stay in the single market and the customs union and have the same rules and regulations. Only England and the other parts of the UK that leave may be threatened with different regulations.

[Mr Jack]

The United Kingdom voted to leave and we respect that democratic decision. Earlier, the hon. Member for Perth and North Perthshire (Pete Wishart) said that the councils of Scotland were confused, that there was a lot for them to look at and that every council voted against. In 2014, I remember that 28 of 32 councils voted to stay in the United Kingdom. Hon. Members should respect that, just as I respect the decision taken by the United Kingdom to leave the European Union.

Foreign Direct Investment 2016-17

Debate between Alister Jack and Hannah Bardell

Tuesday 12th September 2017 Westminster Hall

[Hannah Bardell]

I thank the hon. Gentleman very much for that intervention. He knows that the scrapping of tuition fees in Scotland has meant access not only to university but to employment and to college. That has been welcomed across the board. A university place is not always the full picture. Youth employment in Scotland is lower than anywhere else in the UK because of the SNP Government’s investment in a youth employment Minister—the first in these islands—and making sure that students do not leave university with tens if not hundreds of thousands of pounds’- worth of debt.

[Mr Jack]

Will the hon. Lady give way?

[Hannah Bardell]

If the hon. Gentleman does not mind, I want to make some progress.

Scotland has performed well in terms of FDI, so I will indulge in talk about some of Scotland’s unique opportunities. The combination of natural resources, a highly skilled labour force and a long-standing reputation for innovation make Scotland a prime destination for foreign direct investment. The SNP Scottish Government have taken action to grow our economy and ensure that Scotland remains an attractive destination for business, boosting investment to record levels. As a result, 2016 was a record-breaking year, and, outside of London, Scotland is the best place in the UK for FDI. Places such as Aberdeen, Glasgow and Edinburgh are in the UK’s top 10 cities for attracting FDI. Our attractiveness to international investors is recognised through investments in recent years from the US, with 43 projects; France with 14 projects; and Germany with seven.

The latest annual survey on the attractiveness of locations to international business by Ernst and Young shows that Scotland now takes more than one in 50 of all investment projects based in Europe. That is a clear indication that Scotland in Europe is vital, and that Scotland is firmly established as a location of choice for global investors.

[Hannah Bardell]

I think we have to acknowledge that the Government are taking Scotland out of Europe against its will, which will be a wrecking ball not only to Scotland’s economy, but to the rest of the UK’s economy. When we have these debates and discussions in one or two years’ time, I will be interested to see where we are. It is important that Governments work together on things such as foreign direct investment. That is not to say that there has not been support from the UK Government—of course there has—but we also have to recognise the flipside of the coin. The hon. Gentleman spoke about his own constituency in Northern Ireland. He must surely recognise the challenges and issues that will come down the line for Northern Ireland as we go through the Brexit process, especially as Northern Ireland relies so heavily on foreign direct investment. Recent research suggests that people will look less favourably on the UK because of the message it has sent as a result of Brexit. That is surely a concern for him.

[Mr Jack]

The wrecking ball was not the Brexit referendum; in Scotland, where the hon. Lady and I live, the wrecking ball was the independence referendum. Law firms went out of business, conveyancing stopped, the housing market slowed dramatically and businesses stopped moving to and investing in Scotland. I know people who were planning to come to open branches of their business who stopped immediately. People do not like the uncertainty and they see our being part of the United Kingdom as a strength, not a weakness.

[Hannah Bardell]

I thank the hon. Gentleman for that intervention, but he will not be surprised that I completely disagree. The Scottish independence referendum in 2014 was one of the most open and engaging democratic processes that Scotland has ever gone through, in complete contrast, unfortunately—I know we digress, Mr Gray— to the Brexit referendum process, which was squashed into a short time period, with no proper engagement and no proper information. I am now talking to businesses across my constituency and across Scotland that are increasingly turning to the notion of Scotland as an independent country within Europe, because of the mess that this Government are making of the Brexit process, and the absolute devastation that it will cause to the Scottish and UK economy.

Global professional services firm Genpact plans to create more than 300 jobs in Glasgow over the next five years, following a decision to expand its European operations in Scotland. Those roles will encompass digital solutions, risk management, insurance claims, business process transformation and customer services. I recently met members of the insurance sector who were extremely concerned that, if they cannot remain in the single market and customs union and retain the ability to passport their services, services such as aviation and even household insurance will be under threat. Unless we have clear detail from the Government about their plans for a transitional arrangement, there is a real threat to the insurance sector, which will have a significant knock-on impact on businesses and sectors across the UK.

Welcome news on FDI comes with the caveat that many of those decisions were taken up to three years before last summer’s vote to leave the EU. A senior EY partner in Scotland has voiced caution over the longer- term outlook, saying:

“The research suggests that the EU Referendum vote and its aftermath may be having an influence on global perceptions of the UK’s medium to long-term attractiveness. Western European investors are twice as negative as Asian and North American investors.”

That should be of concern to us all. He continued:

“Decisions on the majority of investments made in 2016 would have been made up to three years ago, which helps to explain the UK’s solid performance last year, but signs of a slowdown are on the horizon.”

The Scottish Government released their programme for government recently. It is important to recognise the work that they are doing. The SNP Scottish Government have established a board of trade and are setting up innovation and investment hubs in Dublin, London, Brussels, Berlin and Paris. They are investing in Scotland’s future by setting up a multi-billion pound infrastructure plan and a £500-million Scottish growth scheme targeting growth, innovation and export-focused SMEs, and start-ups by young people.

Much has been made of youth unemployment. The low rate of youth unemployment in Scotland—only 8.2%; one of the lowest rates in Europe—is absolutely fantastic. It is good to see the rest of the UK following suit, but we have to ask ourselves what that will look like in one, two or three years’ time, as we go through the Brexit process.

The programme for government presented by the First Minister last week included bold initiatives to boost the Scottish economy, such as the creation of a Scottish national investment bank and the doubling of business enterprise expenditure in research and development, from £871 million in 2015 to £1.7 billion in 2025. The Scottish Government and Nicola Sturgeon are taking real, decisive action, but they are doing it with one hand tied behind their back. Foreign direct investment will continue to be hugely important to Scotland and the rest of the UK, but we need real answers on what this Government will do to support not only Scotland, but the rest of the UK as we leave the EU.