Sewel Convention

Christine Jardine Excerpts

Monday 18th June 2018 Commons Chamber

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

I am grateful to you, Mr Speaker, for the opportunity to contribute to this debate and, indeed, for allowing the debate to happen at all.

There are a number of issues of some significance relating to our constitution that stand to be examined here. Regrettably, we have managed to avoid most of them thus far in the course of the debate, but I hope to be allowed a few minutes to touch on them. This is not just a debate about the constitution in the abstract. I represent two island communities whose economy overwhelmingly depends on fishing, farming and crofting. These communities will absolutely need to know what the future holds post Brexit. They will need to know what is going to come in place of the common agricultural policy—for agricultural support, in particular. When I met representatives of the National Farmers Union Scotland in Orkney on Friday, these were the questions that they were asking me, and time after time I had to say, “I’m sorry—I do not know because nobody knows.” This is not just about the constitution; it is about something that is going to have a very serious and profound effect on the livelihoods of my constituents.

I want to say a word or two about how we got here. The Government have mishandled this whole aspect of Brexit just about as badly as it is possible to imagine. They have certainly managed it as badly as they have managed the whole of the Brexit process. Amendments were promised at the Dispatch Box and we were told that this House would have the opportunity to debate them. Those amendments did not appear. We were then told that they would come in the House of Lords, and indeed they did eventually come, at a late stage, in the House of Lords. In the meantime, the Scottish Parliament, for a variety of different reasons, voted against legislative consent. There was no single reason why the different parties in the Scottish Parliament voted in the way that they did but, notwithstanding that, they all decided that they would withhold legislative consent when the question was put to them.

The timetable that we were given last week should have protected the time available to debate the amendments from the other place. It did not—and that was not an accident. The Government used the procedures of this House to avoid a debate rather than to engage it. For that they are culpable and with that we are now all having to deal. Moreover, the consideration of Lords amendments should not have been presented to us as an either/or. This is the most significant piece of constitutional legislation that we will debate in my lifetime, and we should not at this stage, when it comes to voting on Lords amendments to it, be given a choice of either voting or debating.

The context for this debate is the abject failure of the Scottish Government and the United Kingdom Government to reach agreement. It is apparent to all who look on from the outside that there has been a lack of good faith in the negotiations between our two Governments. Let me say quite candidly that it is apparent to me that, if it is left to the Scottish and the United Kingdom Governments, then they will never reach agreement because they have no interest in doing so. They are both approaching the Brexit issue through the prism of their own party interest rather than the national interest.

[Christine Jardine (Edinburgh West) (LD)]

Does my right hon. Friend share my frustration at the impasse that the two parties have reached—the two parties that initially, and for a considerable period, did not back devolution but now claim to defend it? Both the SNP and the Tories failed to engage in the first stage of the debate.

[Mr Carmichael]

Of course, we all know that the Conservatives opposed devolution, as did the Scottish National party. I remember the days of the campaign for a Scottish Assembly and of the constitutional convention. I remember a whole series of SNP walkouts. What we saw on Wednesday was just the latest in a long line of these things. When it mattered, the SNP were never to be found, because they are not interested in devolution; devolution is not what they want.

I come back to the frameworks that will be so necessary to my constituents post Brexit. [Interruption.] I do not know if anyone from the SNP Benches wants to intervene.

--- Later in debate ---

[Christine Jardine (Edinburgh West) (LD)]

Given the time, I will be brief, which is not a phrase that my colleagues hear often.

Tonight’s debate has been important for devolution, for the future of Scottish governance and for the future governance of us all. But it has also been profoundly disappointing because, rather than make progress, we have simply demonstrated the problems that got us here in the first place—intransigence on both sides, with Members dug into positions, both pro and anti-devolution and pro and anti-Conservative. The red mists of nationalism descend on both sides whenever devolution is discussed.

I have to disagree with the hon. Member for Aberdeen North (Kirsty Blackman); it is not too late. We should perhaps listen to the shadow Secretary of State for Scotland and get back around the table. My party and I would like the opportunity to be taken to create an enduring dispute resolution procedure that would prevent us from coming to this stage again. We need a procedure to prevent us from getting to the point that my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) described and which I have experienced—as I am sure many others in this House have—whereby constituents and businesses across the country ask us, “What will happen next?” and we have to say, “We don’t know.” Can we please abandon the positions and get on with finding a solution?