Christine Jardine
Main Page: Christine Jardine (Liberal Democrat - Edinburgh West)Department Debates - View all Christine Jardine's debates with the Scotland Office
(6 years, 1 month ago)
Commons ChamberI would simply say, just carry on, because what you have just done is insult the people of Scotland—[Interruption]—as you continue to do. We will do all we can to ensure that the wishes of the Scottish people are respected. Today, we ask—[Interruption.] I hear, “Scotland’s watching.” The question to the Conservatives is: will you respect the sovereignty of the people of Scotland, yes or no? You have failed dismally to do it up til now.
I hugely respect the fact that the right hon. Gentleman says that he will respect the wishes of the Scottish people. Will that extend to respecting the wishes of the Scottish people when they voted no in the referendum and that was to be an end to it?
I am not sure the hon. Lady has been listening to me, because I have made that point. Of course we respect the 2014 referendum result, but the simple fact of the matter is that the circumstances have changed: we are being dragged out of Europe against our will. I expect that she wants us to stay in the single market and the customs union. She talks about a second referendum on Europe. What she should do is get behind the Scottish National party because, let me remind this House, in 2016 the SNP went to the people of Scotland and sought a mandate on having a referendum on Scottish independence if circumstances in Scotland changed. Guess what? We have a majority for independence in the Scottish Parliament. If you want to protect Scotland’s interests in Europe, and if you want to stay in the single market and the customs union, it may well be the case that independence for Scotland is the only way to do that.
I am going to make progress.
Today, we ask the House to consider the claim of right, to recommit itself to the spirit of devolution and to place the people of Scotland at the heart of decisions, not cast them aside. Only a few weeks ago, we witnessed the shameful Tory power grab. This House and this Government showed nothing but utter contempt for the devolved Administrations as the European Union (Withdrawal) Bill was pushed through without consideration of the views of the devolved institutions. The Scottish Parliament voted overwhelmingly, by 93 votes to 30, to refuse legislative consent for clause 15 of the Bill. As such, the Bill should not have been passed through the House of Commons with the clause intact, but the Tories decided this was acceptable. They trotted through the Lobby, voting against the will of the Scottish people—that’s what you did.
We all know that the Sewel convention established the long-held practice that the UK Government cannot legislate on devolved areas without the consent of the devolved Parliament—or at least we thought we did. [Interruption.] Well, there we are: this is the sovereign Parliament. You might want to say that to your voters in Scotland: that you do not believe it is the people of Scotland who are sovereign, as was defined in the court case in 1953. You are prepared to throw away the sovereignty of the people of Scotland and allow Westminster to do whatever it likes. Frankly, that is not acceptable to the rest of us. How can you be Secretary of State for Scotland if you behave in such a way? That is not the Secretary of State for Scotland; that is the Government’s man in Scotland.
Thank you, Mr Speaker.
Now, thanks to the Tories, we have reached a dangerous and difficult place, which has exposed their lack of commitment to the Sewel convention. Their Brexit power grab has basically ripped up the Sewel convention and plunged us into constitutional crisis. We are in unknown territory. Only if the UK Government act to recognise and respect the will of the Scottish Parliament can we repair some of the damage. I say again to the Government: you have acted without the consent of the Scottish Parliament.
Bring forward legislation that will protect the powers of the Scottish Parliament, and do it now. If the Secretary of State recognises his role in defending devolution, he should do so, and a failure to do that should mean, quite frankly, that he should resign because he is not standing up for the interests of the people of Scotland.
The House should know that it is not simply the SNP’s view that the Tory power grab has thrown the devolution settlement into crisis. In Scotland, the feeling is apparent everywhere you go. People right across Scotland want power in Scotland’s hands. Recent polling from NatCen revealed that a majority of Scots trust Holyrood to make decisions in areas that the Tories want to grab for Westminster. Over 60% want fishing decisions in Scotland following Brexit and 59% want farming powers in Scottish hands.
Of course, the Tories have form because we know that in 2013, the European Union voted to give additional payments to Scottish crofters and farmers—€230-odd million of additional support—86% of which was supposed to come to Scotland between 2016 and 2020. What has happened? Westminster has handed over 16.5%. The rest has gone into budgets across the rest of the United Kingdom, and crofters and farmers have been short-changed by a Government that have not accepted their obligations to Scottish farmers. It is little wonder that people in Scotland want to make sure that the Scottish Parliament have powers over farming and fishing, and not this Tory Government who have not just grabbed powers but have grabbed money out of the pockets of hard-working Scottish crofters and farmers.
A majority of Scots have lost confidence in the UK’s handling of Brexit, with a full 69% now saying that they believe it has been badly handled. During earlier debates, we heard the Tories trying to justify the UK Government’s shoddy power grab by falsely claiming that Scotland would not lose powers. However, the Scottish Government published a list of powers at risk. They include powers over fishing, farming, rail franchises and fracking licences, to name but a few, but this Government have shown disrespect to our Parliament more than once. Their legal challenges to the Scottish Parliament’s continuity Bill, for one, clearly show the arrogance of the Conservative Government when faced with the will of the Scottish people. Why is it right that the Conservative Government believe that they can take the Scottish Parliament and, by extension, the Scottish people to court? That is exactly what is happening—what arrogance!
The Scottish Parliament voted by 95 votes to 32 to pass the continuity Bill, aimed at preparing Scotland’s laws for the impact of leaving the EU in the light of the refusal to grant a legislative consent motion to Westminster’s European Union (Withdrawal) Bill. The people of Scotland expect the two Governments to co-operate on these matters. They also expect that the decisions and responsibilities of the Scottish Parliament should be respected. The decision, therefore, of the UK Government to attempt to overturn the will of the Scottish Parliament in the courts is unprecedented and unacceptable.
On that point, those who were responsible for framing the devolution settlement have assured me that what is happening now is what was intended and is included—[Interruption.] It is what people voted for in 1997 and is included in the devolution settlement. If the right hon. Gentleman is so concerned about Scotland being “dragged” out of the European Union, why does he not join us in backing a people’s vote on the final deal?
I simply say that if the hon. Lady wants to stay in Europe and in the single market and the customs union, there is already a mandate in the Scottish Parliament for a referendum of independence. Join us in protecting Scotland’s interests!
No, because I have only three minutes left.
Scotland is not a country that is quick to take to the streets, but what the recent independence demonstrations have shown, as have the past demonstrations against Westminster’s poll tax and Thatcher’s decimation of Scottish industry, is that once Scotland has made up its mind, it will continue to pursue its interests in the face of adversity. Anyone who opposes Scotland’s sovereign right is exposing a truth widely held in Scotland, and indeed by the Secretary of State for Scotland, that we are not an equal partner in the UK and that we must ask permission to make our own decisions.
I only have three minutes left, so I cannot give way.
Those people are exposing the fact that a democratically elected Parliament’s decision to hold a referendum—the most direct form of democracy imaginable—must be rubber-stamped by Westminster. Anyone who recognises and celebrates the no vote of 2014 but then seeks to undermine Scotland’s sovereignty by discrediting any future vote exposes a crucial contradiction in their argument and does not understand the pride that the Scottish people take in their Parliament.
No, I am going to continue.
While the UK Government seek to evaporate the Sewel convention and rely on outdated principles of Westminster sovereignty, the people of Scotland will be the ones who decide where their legitimate government and interests lie. No politician, party or Parliament can; this is about the Scottish people. Whatever the outcome of this debate, it will always be the case that Scotland’s sovereignty does not need to be recognised by parties that Scotland rejects or by Westminster; its sovereignty needs to be recognised only by the people of Scotland themselves.
I am sorry that the amendment that was tabled has not been selected, but as the claim of right exists, the only thing that is decisive is the will of the Scottish people as expressed through elections and referendums. That will is fluid and changing. We only need to look at the opinion polls—they have been taken all the way through from 2014—since the Brexit vote. The minority Conservative Government are well aware of those polls. It is undemocratic to bind Scotland or any other country to the decisions of the past, to protect the interests of the Tory party.