Oral Answers to Questions

Debate between Alister Jack and Philippa Whitford

Wednesday 29th March 2023 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I, too, welcome you to the Chair for Scottish questions, Madam Deputy Speaker, and join Labour’s shadow Secretary of State in celebrating Scotland’s win. It is just a pity that people could not watch it on Scottish terrestrial television.

The devolved Governments have led on many innovative policies, such as the carrier bag charge in Wales and the smoking ban and minimum unit pricing of alcohol in Scotland, with the UK Government following years later, if at all. The attacks on the latter policy at the time show that, had it existed then, the United Kingdom Internal Market Act 2020 would inevitably have been used to block minimum unit pricing, which has recently been credited with a 13% drop in alcohol-related deaths in Scotland. Even the EU single market allows policy divergence to improve public health and the environment, so why are there no such derogations in the internal market Act?

[Mr Jack]

Let me pick up the hon. Lady’s first point, because we do not want the grievance factory to say, as I have seen on social media today, that the English Government blocked people in Scotland watching the game against Spain last night in which we were so victorious—[Interruption.] I said “on social media”. The Scottish Football Association sold the rights to the football match. It was the Scottish FA’s decision.

On the hon. Lady’s second point, there are opportunities for derogations and exemptions within the UK internal market. We did it in the case of plastic cutlery because the same proposal was coming forward in the rest of the UK six months after it was introduced by the Scottish Government. The schemes worked together and a derogation for six months worked. But derogations do not work when there are different schemes in different parts of the United Kingdom, some of which include glass and some of which do not, and when producers have to sign up to different schemes that have a huge cost implication. We do not think that is the right way forward.

[Dr Whitford]

It is funny how differences in the different nations worked fine before Brexit. One has to wonder why the UK market does not seem able to cope right now. Is the Secretary of State planning to hold back the devolved Governments repeatedly to avoid making his Government look bad? Or is he just going to seek every single chance to attack devolution and enforce Westminster rule?

[Mr Jack]

I quoted earlier the chief executive of Tesco, the largest retailer in the United Kingdom. In the paper yesterday he made the very good point that there is one drinks industry across the United Kingdom and we should have one solution to the recycling problem.

Oral Answers to Questions

Debate between Alister Jack and Philippa Whitford

Wednesday 22nd February 2023 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The Department for Environment, Food and Rural Affairs alone has identified more than 1,700 pieces of retained EU law, with the majority in devolved areas such as agriculture, forestry and fishing. What happens if the Scottish Government want to maintain some of the EU standards that the Secretary of State’s party wants to ditch? Does he think it would be right for UK Ministers to change regulations in devolved matters without consent? How does that respect devolution?

[Mr Jack]

We are working constructively and collaboratively with the Scottish Government on those retained EU laws. Where we have agreement on a cross-UK piece of policy, we will legislate on behalf of the devolved Administrations. Where it is in a devolved area, we will respect that and allow the Scottish Government to do as they see fit. If they want to remain in line with EU regulations, they can. There is a retained EU law—REUL—working group for the Bill and their officials have been on that since March 2022. We are making good and steady progress.

[Dr Whitford]

Because of the United Kingdom Internal Market Act 2022, goods made in the rest of the UK cannot be kept out of Scotland, even if they do not meet future Scottish standards on quality, safety or environmental impact. Does the Secretary of State not recognise that the combined effect of both pieces of legislation will drastically increase the degree of direct rule by Westminster and drive a coach and horses through devolution?

[Mr Jack]

That is not true. We are respecting the devolved settlement. If we look at precision breeding and gene editing, for instance, the Scottish farming industry, the National Farmers Union of Scotland and all the other farming unions in the UK want to be part of the Genetic Technology (Precision Breeding) Bill, but we have respected the Scottish Government saying that they do not want to be part of it. Their dogma desires them to carry on with the EU rules and we respect that. As regards the UK internal market, it is absolutely right that trade can continue seamlessly across the United Kingdom, because 60% of Scotland’s trade is with the rest of the United Kingdom.

Scotland Act 1998: Section 35 Power

Debate between Alister Jack and Philippa Whitford

Tuesday 17th January 2023 Commons Chamber

[Mr Speaker]

We now come to the SNP spokesperson.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The vetoing of this legislation is an unprecedented attack on the Scottish Parliament, which passed the Gender Recognition Reform (Scotland) Bill by 86 votes to 39, including MSPs from every party. Gender recognition is a devolved policy area and this does not change the Equality Act 2010 or give any additional rights to those with a certificate. It shortens and simplifies the process and, particularly, ends the requirement for a psychological diagnosis of gender dysphoria. This is in keeping with the guidance from the World Health Organisation and from the United Nations, which recommends change to a legal statutory process based on self-identification. This change has already been made by many countries over the last decade, including neighbours such as Ireland, Belgium and Denmark. This Government are threatening to end UK acceptance of international certificates. I find this bizarre, considering that the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), suggested a similar proposal in 2017.

Will the Secretary of State explain exactly which parts of the Equality Act are changed by the Bill? Why did he not raise specific concerns during the two consultations carried out by the Scottish Parliament or in response to the Cabinet Secretary’s letter in October, rather than in a response that came three days before the final debate on the Bill? What modifications to the Bill is he suggesting that would not include a return to the outmoded medicalised process? Why is he using one of the most marginalised groups in society to pick a fight with the Scottish Parliament? Is he seriously, after 300 years of different marriage ages and voting ages, suggesting that there can no longer be legal or age differences north and south of the border? And does he recognise that vetoing the Bill simply highlights the hollow reality of devolution?

[Mr Jack]

The hon. Lady will not be surprised to hear that I do not recognise much of what she says as being correct. I would point her to the statement of reasons, which will be laid alongside this order today. Our legal advice is clear: the Equality Act 2010 is reserved and there are adverse effects, some of which I listed in my statement only moments ago, including on associations, women’s safe spaces and single-sex schools. It was very clear what I said, and the hon. Lady will see what legal counsel have determined when she sees the statement of reasons.

Oral Answers to Questions

Debate between Alister Jack and Philippa Whitford

Wednesday 11th January 2023 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

My colleagues have highlighted just some of the negative impacts of Brexit on individuals, businesses, universities and public services in Scotland. There simply are no real Brexit opportunities or sunlit uplands. Does it therefore come as a surprise to the Secretary of State that a poll last year showed that 69% of Scottish voters want to rejoin the EU?

[Mr Jack]

I welcome the hon. Lady to her new role, and thank the hon. Member for Paisley and Renfrewshire South (Mhairi Black) for her positive engagement in the role previously.

Opinion polls come and go; we have seen that. Last week, we saw that 59% of Scots want to remain in the United Kingdom—I notice that that opinion poll was not quoted. As for the benefits of Brexit, we can make our own trade deals, and we have made 71 to date. The SNP has never seen a trade deal it liked—it has never voted for a trade deal in the European Parliament or in this Parliament. There are further benefits: we have left the hated common fisheries policy; I know the hon. Member for Central Ayrshire (Dr Whitford) is very keen on the health sector, and we had an accelerated vaccine programme roll-out; we had a fast and decisive response to the war in Ukraine; and we are able to make our own laws, one of which is precision breeding, which, again, we would like the Scottish Government to support.

[Dr Whitford]

I thank the Secretary of State for his warm welcome, but I must point out that June Raine, the head of the Medicines and Healthcare products Regulatory Agency, has said innumerable times that the accelerated roll-out was under European Medicines Agency legislation. With the Labour party having now lashed itself to the mast of the floundering Brexit ship, does the Secretary of State at least recognise that the only route back to the EU for Scotland is as an independent country?

[Mr Jack]

The deficit in Scotland is considerably higher than 3%, which is the Maastricht criteria, so that is not the route back. The currency is a problem as well—as we know, the Bank of England is the bank of last resort, and there would have to be a new currency in Scotland following membership of the EU. There is no desire in Scotland to have membership of the EU. I believe that when Scots stop and look at the detail, whether it is on their pensions, trade or currency, they know that their home is the United Kingdom.

Oral Answers to Questions

Debate between Alister Jack and Philippa Whitford

Wednesday 11th November 2020 Commons Chamber

[Mr Jack]

That is quite a tenuous link, but I will answer the question. To be quite simple, my belief is that we should stick to the referendum from 2014 and respect it. It was very clear—the SNP said it at the time —that it was a once-in-a-generation referendum. I do not believe that we should go into a process of neverendums, which are divisive, unsettling and bad for jobs in Scotland. We should respect democracy, and that is what I am doing—democracy that was handed out by the Scottish people in 2014.

[Dr Philippa Whitford (Central Ayrshire) (SNP) [V]]

The Prime Minister described last December’s general election as “once-in-a-generation”, but I hope the Secretary of State is not suggesting that there will not be another one for 40 years. He seems to think that the way to strengthen the Union is by forcing a hard Brexit on Scotland against our will, taking an axe to devolution with the internal market Bill and denying any democratic choice on Scotland’s future until adults like me are dead. On that basis, does he think that the best recipe for a happy marriage is to lock up the wife, take away her chequebook and just keep refusing a divorce?