European Union (Withdrawal) Bill

Andrew Bowie Excerpts

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

[Joanna Cherry]

As I said, I am drawing my comments to a close.

I want to address one of the many points we have heard from the Government Benches. I think it was the hon. Member for Aberdeen South (Ross Thomson) who said that he is upset and disappointed that the issue of independence is still on the table. Well, I will tell him why it is still on the table; today gives us a good example. The majority of people at the last Scottish election voted for Members of the Scottish Parliament who want another independence referendum—it is called democracy —and the Scottish Parliament itself has voted that there should be another independence referendum if it is necessary because of the Brexit process. But the reason why so many of us in Scotland are interested in the notion of independence really arises from the current crisis in which the United Kingdom finds itself. I will finish by quoting the First Minister of Scotland, who today said:

“Right now, Ireland is powerfully demonstrating the importance of being independent when it comes to defending your vital national interests.”

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

This debate concerns all constituent countries of the United Kingdom, but I will reserve my remarks to Scotland as I represent West Aberdeenshire and Kincardine.

As a Member of Parliament of the 2017 vintage, which is a very fine vintage, I am finding—along with everyone else, I am sure—that one of the most common questions asked of me on the doorsteps and in constituency surgeries is, “How did you vote in the referendum on membership of the European Union?” On such occasions, I deploy one of two answers. I either say, “I’m terribly sorry that I did vote to remain, but I promise you that the United Kingdom is leaving the European Union, and we will make a success of it”, or I answer, “Yes, I know. Like you, I voted to remain, so I’m sorry, but the fact is that we are leaving the European Union. And, you know what? I think we will make a success of it.” That is very easy. Being a Scottish Member of Parliament, another regular inquiry is whether I believe that powers returned from Brussels should be directly transferred to Holyrood. It is not a simple question. [Interruption.] No, it is not, and it requires more than a simple answer. Unfortunately, that is hard to get across on the doorstep, or even in this Chamber.

[Patrick Grady (Glasgow North) (SNP)]

Let me make it simple for the hon. Gentleman. The founding principle of the devolution settlement is that things that are not reserved are automatically devolved. Is it or is it not his belief that clause 11 fundamentally undermines that principle?

[Andrew Bowie]

Like my hon. Friend the Member for East Renfrewshire (Paul Masterton), I believe that changes will have to be made to clause 11 as it stands, but that we cannot support the amendments tabled by the SNP as they would fatally undermine the United Kingdom and the common market that we all share.

Let us look at the facts of the devolution settlements. The current devolution settlements reflect the UK’s membership of the European Union. They provide that devolved institutions cannot act or legislate incompatibly with EU law. This has meant that, while we have been within the EU, we have had overarching laws and frameworks across the UK, which has meant that businesses in the UK can trade with one another knowing that they share agreed standards and that we have agreed approaches on how to manage our shared resources. Ultimately, it has meant that Britain can enter into international agreements knowing that our whole country can meet our obligations. That is vital. It is complex and hard to explain to people when we are out knocking on doors, but it is vital that we try. The future of our internal market, which exists, and of our United Kingdom depends on our making a success of Brexit, and that means making a success of devolution and the settlement for our nations and regions.

[Ian Murray]

The hon. Gentleman is talking a lot about being on the doorsteps in his constituency. When his constituents ask him whether he thinks clause 11 is deficient and whether he would like it fixed, does he explain how it is deficient and how he would like it fixed?

[Andrew Bowie]

I thank the hon. Gentleman for that question. I have to admit I have never been asked specifically on the doorstep how I think clause 11 is deficient, but when I am I will explain the issue to people, and if the hon. Gentleman holds on, I will get to that in my speech.

Let us be clear: this is not a power grab. It is part of a process through which we must work to achieve the best possible settlement to ensure continuity for business, the integrity of our internal market, and the future success of our United Kingdom. We must, and we will, make a success of this process.

[Pete Wishart]

Is the hon. Gentleman actually saying that if, for whatever reason, clause 11 was not passed or was significantly amended, what he refers to as the UK’s single market would be done away with?

[Andrew Bowie]

I am not sure I actually understand the premise of the question. I will give way again if the hon. Gentleman would like to explain.

[Pete Wishart]

It is quite straightforward. The hon. Gentleman is alleging and suggesting that, for some reason, if clause 11 were significantly amended, his internal market would be at risk. Does he actually believe for one minute that, if clause 11 were rejected, his internal market would absolutely disappear?

[Andrew Bowie]

I am arguing that, if we agreed to the provisions set down by the Scottish National party and the other Opposition parties, it would be fatally undermined and at risk.

Just to prove my point, we all know that making a success of Brexit and protecting and strengthening our internal market are not in the interests of the Scottish National party, whose raison d’être remains the destruction of our United Kingdom. Conservative Members are committed to making these things work and to making a success of this exciting new chapter in our island’s story for business and for peoples from Inverbervie to Ipswich, and from Banchory to Bognor.

That is why the UK Government are working tirelessly with the devolved Administrations in Cardiff and Edinburgh, and with the various parties in Northern Ireland, to make sure that when we leave the European Union in 2019, the laws that protect the integrity of our market, and the common frameworks that ensure parity and access across Britain, remain the same as they are today. That will involve compromise, but surely even the greatest hardliner would agree that it makes no sense for each of the four nations of our United Kingdom to have different rules and regulations or different regulatory bodies for packaging, animal welfare or aircraft noise, for example.

If we get this right, little will change for most people and most businesses. For the fisherman, it will still be Marine Scotland responsible for implementing rules and regulations on the quayside. For the farmer, it will still be the Scottish Government making a mess of their support payments. But instead of Brussels being responsible for overarching frameworks or new laws, or for negotiating trade deals, fishing quotas and common agricultural payments, it will be the sovereign United Kingdom Parliament in London, which is directly responsible and accountable to the British people.

[Martin Whitfield]

Will the hon. Gentleman give way?

[Andrew Bowie]

I will not give way, I am afraid, given that I have to wrap up soon.

As things stand today, it is a fact that, thanks to the actions of this Government, the Scottish Parliament is now one of the most powerful devolved legislative Assemblies in the world, with powers over—[Interruption.] It has powers over justice, education, health, transport, the environment and, now, taxation and elements of social security. The jury is still out on whether that is a good thing, but that may be to do with the parties that have been in charge of those regulations, rather than the powers themselves.

Far from Lord Robertson’s claim that devolution would kill nationalism stone dead, we are about to enter our 11th year of nationalist Government in Scotland, so I remain worried for our Union. For me and the people of the north-east of Scotland, which I have the huge privilege to represent, I am afraid that, far from the renewing or revitalising experience promised by the architects of devolution in 1999, the reality of devolution has been cuts, tax rises, a failing education system and the perception of a central-belt bias in all decision making.

However, just because devolution in its current form has not worked for my constituency or my constituents, that does not mean that it cannot. The point is that, as we today debate new powers that might be going to the Scottish Parliament, it is high time that the current Administration in Holyrood looked at their record in managing the powers they already have and the effect that has wrought on the north-east.

This afternoon and this evening, we have heard a lot from the SNP about power grabs, a betrayal of the Scottish people, Scotland being dragged out of the EU against its will and how we are undermining the devolution settlements, when, of course, nothing could be further from the truth. We all know that concessions are going to be made on both sides of the Committee on this argument. We all know that the Scottish Parliament will have sweeping powers under common UK frameworks on a whole raft of areas.

I will support clause 11, and I will vote against the Opposition provisions. As my hon. Friend the Member for East Renfrewshire said earlier, amendments to clause 11 will be required: we do require a legislative consent motion if we want the other place to pass the Bill. I think that all sides appreciate that. That is why we expect movement on the issue this month at the JMC. However, this is a process. The Opposition amendments would undermine our United Kingdom and threaten our common market. That is why I cannot support them.

[Neil Gray]

I am grateful for the opportunity to speak in one of the most important constitutional debates impacting on Scotland since the re-establishment of the Scottish Parliament. The whole basis and foundation of how Scotland is governed is being discussed today. We should not underestimate how important that is; we cannot allow today to be politicked away or the issues to be kicked down the road. We must consider what is before us carefully and in a non-partisan way. Cross-party working has already started in the tabling of amendments, which have been drafted jointly by the Labour Welsh Government and the Scottish National party Government.

Anyone who understands politics in Scotland will appreciate that Labour and the SNP do not often agree on constitutional issues; that is not a flippant point, but a serious one, on which Ministers might reflect. I fully support amendments 72, 164, 165 and 183 to 188, in the names of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), my hon. Friend the Member for North East Fife (Stephen Gethins) and the hon. Members for Edinburgh South (Ian Murray) and for Cardiff South and Penarth (Stephen Doughty). They all aim to protect the devolved settlements of both Wales and Scotland. Indeed, just about every speaker this evening has expressed great concern about clause 11 as it stands, perhaps with the honourable exception of the hon. Member for Aberdeen South (Ross Thomson) —even the right hon. Member for Clwyd West (Mr Jones) highlighted that clause 11 impinges on the devolved settlements. That is where my concern lies with the so-called UK frameworks.

I understand that it would be sensible in some areas for there to be agreed principles across these isles—I think that of a future independent Scotland’s relationship with the rest of the UK, so why would I not think it now?—but for intra-national frameworks to be strong, effective and deliverable, they need to be agreed on the basis of mutual partnership, without a dominant and dictatorial director.

--- Later in debate ---

[Stephen Kerr]

I will come on to that point, if the hon. Gentleman will let me make some progress through my speech.

I remind the Committee that despite what we heard to the contrary, the Conservative Government delivered additional powers to the Scottish Parliament in 2015 and 2016 in fulfilment of their vow, making it the most powerful devolved Parliament in the world. That was a Conservative promise made and kept. The SNP wants to create a crisis, and I hope that we in the Conservatives will continue to be reasonable in our approach to the issue.

[Andrew Bowie]

Does my hon. Friend agree that SNP Members have absolutely no interest in our making a success of Brexit, because their only aim is to break up our United Kingdom?

[Stephen Kerr]

I thank my hon. Friend for his intervention. I was about to say that the SNP is like a collection of 35 carbon copies of the famous Rikki Fulton creation, the Rev. I. M. Jolly. SNP Members sit there on the Benches, depressing the nation and bringing their grim worldview to the people of Scotland. Being so cheerful keeps them going. They talk themselves and Scotland down, and they imply that our Scottish entrepreneurs, our businesses and our communities will be unable to cope with any change and unable to take advantage of the opportunities that the hon. Member for Airdrie and Shotts mentioned and that will undoubtedly arise as we leave the European Union.