Scotland Act 1998: Section 35 Power

Debate between Alister Jack and Stewart Hosie

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

It is not the last resort. What I said to the shadow Secretary of State was that we have 28 days in which to take legal advice and act. Failing that, the Bill goes for Royal Assent. That is the timeframe we operate in. There is then the opportunity for further discussions with the Scottish Government to see if we can get the legislation in scope. We made the same offer with the UNCRC (Incorporation) (Scotland) Bill, which we took to a section 33 order, and that offer still stands. We are happy to discuss with the Scottish Government what amendments could be made to the Bill to get it in scope so that it does not have adverse effects on UK-wide legislation. There is never quite a last resort when you can go on talking, discussing and trying to resolve your differences.

[Stewart Hosie (Dundee East) (SNP)]

It is true that under section 35, UK Ministers have the right to interfere in Scottish legislation on the grounds of defence, national security or international obligations, or if the Scottish legislation modifies or has an adverse effect on UK reserved law—that much is clear. But given that the Tory Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes) said that the GRR legislation

“doesn’t change the Equality Act”,

and that the Scottish Secretary has been signally incapable of giving a single example of where it might do so, this is not a debate about process; it is a debate about principle. Would it not be better, instead of interfering and engaging in a rather crass culture war, if the Scottish Secretary apologised to trans people, apologised for trampling over Scottish democracy, folded up his little red folder, and removed the threat to interfere?

[Mr Jack]

I say again: let us take the heat out of this debate. This is about the Equality Act 2010, which is a GB-wide piece of legislation. The legal advice we have is that there are adverse effects to that law—that is entirely what it is—and it will be published this afternoon in the statement of reasons.

Oral Answers to Questions

Debate between Alister Jack and Stewart Hosie

Wednesday 9th December 2020 Commons Chamber

[Mr Jack]

The Union is absolutely firing on all cylinders, whether it is the support of over 900,000 jobs in Scotland, the UK Government procuring, supplying and paying for all the vaccines for the United Kingdom, or the armed forces helping with the roll-out. As regards the scare story the hon. Gentleman is trying to start over the MOD flying the vaccine into the United Kingdom, all good Governments have robust contingency plans. That is No. 5 on the list of contingency plans, and they are not just for the transition period outcome. Those contingency plans are made for potential strikes, weather events and so on. It is entirely responsible to plan that way.

[Stewart Hosie (Dundee East) (SNP)]

The end of the transition period has been described by Scottish businesses as a “catastrophic” situation. Some have argued that if they cannot trade with the EU, they are out of the game—it is an existential threat. Can I ask the Scottish Secretary to actually show some authority in the Cabinet and insist on a minimum six-month grace period, so businesses do not fall foul of regulations which are not yet developed for a deal that is not yet agreed, but which is supposed to be in place in barely three weeks’ time? This needs to be done; it needs to be done today. Otherwise, businesses will struggle dreadfully on his watch.

[Mr Jack]

There has been a major public information campaign running for businesses and citizens, telling them exactly what they need to do. We have always been clear that, whether it is deal or no deal, there are steps that have to be taken when the transition period comes to an end. We are not going to delay the end of the transition period, because it is only by sticking to that date that people can prepare responsibly, and it also holds the EU’s feet to the fire in getting a deal. We have been clear what measures they need to take. They need to look at the UK Government website, where they can see very clearly what preparations they need to make for the end of this month.

Oral Answers to Questions

Debate between Alister Jack and Stewart Hosie

Wednesday 9th September 2020 Commons Chamber

[Mr Jack]

The hon. Lady points towards frameworks, which is exactly what we are doing. For standards, frameworks will be by consent across the United Kingdom. There is the opportunity for parties to opt out. As a safety net for business, we are introducing mutual recognition, which underpins the European single market, and we are introducing non-discrimination.

[Stewart Hosie]

The gravity analysis published in the internal market Command Paper suggests that a border effected between Scotland and the rest of the UK would have an impact of about 1.1% of Scottish GDP. Brexit will have an impact seven times greater—a loss of GDP growth in Scotland of about 8%. When the Secretary of State has discussions with the Scottish Government, will he commit to bring forward another Command Paper insisting that Scotland remains part of the European Union single market?

[Mr Jack]

We are leaving the EU—I do not know if that point has been wasted on the hon. Gentleman. When we were on the Treasury Committee, we saw many projections about what would happen if the UK voted for Brexit, and all those projections had one thing in common: they were wrong. I do not recognise his figures. I believe that with good trade deals and this UK legislation, we will strengthen the Scottish economy.