Oral Answers to Questions
Colin Clark Excerpts(4 years, 12 months ago)
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The Prime Minister
I take very seriously the issue the hon. Lady raises and what happened at Medomsley detention centre. The independent inquiry into child abuse is looking into historical cases of abuse in state institutions. It is doing so on a step-by-step basis in the areas it is looking at. I am surprised at the statement she made that the Medomsley detention centre cases were not able to be covered by that inquiry and I will certainly look at that issue.
Colin Clark (Gordon) (Con)
Along with Scottish colleagues, I was pleased to welcome the Prime Minister to Aberdeen on Friday. The Prime Minister will be aware that the SNP Scottish Government want to postpone devolved VAT powers and delay social security powers, and have U-turned on the air departure tax. Does the Prime Minister agree that it is time for new leadership in Scotland? It is time for Ruth Davidson in Bute House.
The Prime Minister
I absolutely agree with my hon. Friend. What do we see from the SNP Government in Scotland? We gave them powers over welfare payments, which they asked for—not used. It was an SNP manifesto commitment to cut air passenger duty. They have the power. They are not going to use it. But what are they using? They have used their power to change taxes, so that people doing a job in Scotland are being charged more tax than those doing the same job south of the border. When given the chance to help people, they reject it. When given the chance to take more money out of people’s pockets, they take it. It is certainly time for Ruth Davidson in Bute House.
Sewel Convention
Colin Clark Excerpts(5 years, 10 months ago)
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Ian Blackford
Dear, oh dear, oh dear. The hon. Gentleman should listen to and watch the reaction in Scotland, because everybody knows that he and his colleagues last week went through the Lobby to vote to strip powers from the Scottish Parliament without a debate in this place. He really ought to be ashamed of himself.
Since the Tories like to talk about referendums, let me remind the House that 74% of those who voted in our referendum in 1997 voted for a Scottish Parliament—our Parliament—and it belongs to all of us. We should not forget that the Tories opposed devolution from the introduction of the home rule Bill in this Parliament in 1913 right up to 1997 and that the Tories have form in standing up against the Scottish Parliament. The remark from the Secretary of State for Scotland that we are not a partner within the UK is simply confirmation of how he sees Scotland’s place. It is little wonder that he fails to stand up for Scotland as a country and for our Parliament. He sees us as subservient. That is the nub of the problem and that is why the Secretary of State for Scotland needs to go. The Secretary of State is simply unfit for the office that he holds. He cannot fight Scotland’s corner because he will not fight Scotland’s corner.
By ignoring the Scottish Parliament during the passage of the European Union (Withdrawal) Bill, the UK Government have risked the security of the devolution settlement. This is an extremely serious development. Section 28(7) of the Scotland Act 1998 confirms that Westminster retains its unlimited sovereignty. The devolution settlement provides through the Sewel convention that the legislative power will not be used if there is disagreement and the devolved legislatures do not give consent. There has been no agreement. The Scottish Parliament voted by 93 votes to 30 not to consent to the EU withdrawal Bill. Why did the Secretary of State for Scotland not stand up for the Scottish Parliament? Why does he not get up now and tell us that he will stand up for the rights of the Scottish Parliament? Grow some backbone and stand up for Scotland.
The UK Government’s website states:
“The main role of the Scottish Secretary is to promote and protect the devolution settlement.”
My goodness, he has been found wanting on that one. While the Secretary of State has not done very well at defending devolution, he is the one who wants to kick the legs away from the agreed settlement. What a disgrace. He has been a dismal failure on living up to the definition, which the Government have stated, to protect devolution. The Secretary of State has ambushed devolution. At every turn, he has failed to defend the devolution settlement. Where are the amendments to protect our interests that he promised? He should have told the UK Government that there must be protected time to debate the effect of the withdrawal Bill on Scotland’s position, but he failed again. The Secretary of State for Scotland has no credibility. There is no coming back from this. He must resign or the Prime Minister must sack him.
The EU withdrawal Bill is the biggest attack on devolution that we have ever witnessed. The UK Government’s power grab aims to keep Scotland’s powers in London, not in Scotland. As currently drafted, the legislation would keep devolved powers coming back from Brussels here in London—[Interruption.] It is shocking—24 powers in devolved areas, such as fishing, agriculture, the environment and food labelling. That is an absolute scandal.
Colin Clark (Gordon) (Con)
Will the right hon. Gentleman comment on the remarks of his party colleague, Jim Sillars, who lays the blame at Nicola Sturgeon’s feet for “displays of foolish hostility”? Is that not exactly what the right hon. Gentleman is doing? Does he not respect the fact that there are two Governments in Scotland and that the Scottish people elected two Governments? He must show that some respect.
Ian Blackford
I think some of the hon. Gentlemen on the Government Benches should be auditioning for comedy hour. Let me remind the hon. Gentleman that the Conservatives have lost every single election in Scotland since 1955, but they want to put a veto on the Scottish Parliament and the people of our country. That is the reality.
Powers must be in Scotland’s hands, and it is not just the SNP saying it. Every party except for the Conservatives has stood up to defend Scotland’s Parliament. A recent survey by 38 Degrees showed that—[Interruption.] My goodness, the contempt. 38 Degrees does a valuable job of ensuring that our constituents keep us informed of what is important to them, but we get mocking contempt from the Conservatives. They should keep it going, because people in Scotland are watching their behaviour. A recent survey by 38 Degrees showed that 62% of Scots agree and want to see responsibilities over devolved areas currently held by Europe transferred straight to the Scottish Parliament.
Legal experts such as Professor Rick Rawlings have also criticised the EU withdrawal legislation for riding roughshod over the devolution settlement. He said:
“The sooner clause 11 of the Withdrawal Bill is cast aside, the better. Constitutionally maladroit, it warps the dialogue about the role and place of the domestic market concept post-Brexit.”
John Downie at the Scottish Council for Voluntary Organisations has also advocated for powers to return to Scotland, not London. He said:
“We have consistently pushed to enhance the powers of devolved parliaments—where it makes sense to do so—and believe more devolved powers would better enable Scottish and Welsh Ministers to react to unique regional challenges and shape tailored solutions… We feel the transfer of powers to the devolved administrations would make it easier for the sector to influence their use in a positive way.”
The Scottish Trades Union Congress leader Grahame Smith also warned:
“The UK Government must accept the legitimacy of devolved institutions and realise that proposals which create a situation where the UK could legislate on any area of devolved competence without the agreement of the Scottish Parliament would be an erosion of devolution and would not be acceptable.”
Ian Blackford
I will tell the right hon. Gentleman what does not impress Scotland: a Secretary of State for Scotland who does not defend our Parliament. He should do the decent thing, the honourable thing, and resign, and he should do it now.
SNP Minister Mike Russell said last week that it had been a “dark day for devolution.” Despite countless representations from the Scottish Government seeking to work with the UK Government to protect our interests, the intransigence of the Tory party has seen our concerns, our mitigations and our solutions blatantly disregarded and disrespected—that is the reality.
Although the UK Government accept that clause 15 of the EU (Withdrawal) Bill requires the legislative consent of the Scottish Parliament, they decided to ignore Scotland’s democratic wishes when consent was not given. Last week we saw the Secretary of State for Scotland come crawling to the Chamber to explain the UK Government’s position after the SNP had exposed the Tory power grab but, rather than reassure the people of Scotland that the UK Government—
Ian Blackford
Absolutely, it is painful. It is painful that the people of Scotland are seeing their powers taken back from them.
Rather than reassure the people of Scotland that the UK Government are committed to protecting our devolution settlement, the Scottish Secretary’s statement effectively turned Sewel on its head by saying that if there is disagreement, such as no consent on a legislative consent motion, the UK Government can proceed to legislate. That is cause for huge concern, and it is a pity he is clearly not that concerned, or he would have made sure to respond to this important debate.
Under the constitutional rules, this Government should not proceed without the Scottish Parliament’s consent. By constitutional convention and invariable practice since 1999, the Bill should not complete its Westminster stages in its current form without that consent. Despite the murmurings of the current Secretary of State, the Scotland Office stated back in 2005 that the UK Government
“considers that the continuation of the Convention is vital to the success of devolution.”
What has changed? The only thing that has changed is that the Scottish Parliament has not given its consent and the UK Government, showing utter disrespect, have decided to proceed.
Colin Clark (Gordon) (Con)
It is an honour to follow the hon. Member for Edinburgh South (Ian Murray) who said so many things with which I agreed and so many things that made great sense.
We are here discussing the Sewel convention because of Brexit and because of the SNP’s aim of separation. In 2016, the EU referendum was not a Scottish vote any more than it was a Yorkshire vote or a London vote; it was a UK vote. To respect the UK result, we must deliver the will of the people. The 2014 independence referendum makes Scotland democratically, beyond doubt, a vital part of the UK. We hear cries of “Scotland’s watching”. Yes, the people are watching. They are watching the SNP not respecting the independence referendum. They are watching the SNP not respecting the fact that it lost 21 seats in the 2017 general election, against the Conservative and Labour parties which were both running on Brexit manifestos. The SNP is ignoring the democratic will of the Scottish people. The Sewel convention, as the Supreme Court made clear, is a political doctrine recognised by the court. The SNP shouts, “Scotland’s voice was silenced.” It claims that amendments curtail the authority of the Scottish Government and that the nature of devolution has been changed forever. After months of ministerial negotiation and painstaking discussions by civil servants, the claim of a power grab is simply a grievance.
Which powers is Holyrood losing? Which powers will Holyrood not implement? Twenty-four powers previously governed by the EU will be reserved temporarily to address trade issues and open borders. Common frameworks are essential to business and jobs in our constituencies, as my hon. Friend the Member for East Renfrewshire (Paul Masterton) said. Eighty powers are immediately handed over, so where is the power grab? The Conservatives wanted amendments made in this House. That they were not is regrettable, but the Lords moved a long way. Did the Secretary of State and the Cabinet Office work with the Scottish Government in good faith? Yes they did—in good faith.
The SNP is acting as a fifth column. Industry can now see that Holyrood cannot be trusted to represent it and that jobs will be undermined. In my constituency in Aberdeenshire—the most prosperous and effective part of the economy in Scotland—people are asking why we are still squabbling over this and why it is not being implemented. The EU referendum was about the UK, which Scotland chose conclusively to be part of in the 2014 referendum. Nicola Sturgeon has seen the EU withdrawal Bill as a saviour to precipitate independence referendum 2. It is the last-chance saloon. The SNP has planned all along to try to wreck the Bill. If hon. Members fundamentally believe that the UK should remain borderless, retaining some powers in Westminster was a sensible stop-gap. How else could we negotiate an all-UK trade area? Mike Russell thought he had a deal. SNP MPs thought they had a deal. Frameworks are a no-brainer. Unfortunately, as the Lib Dems and Labour have just realised, this is simply a false flag. It has always been, and always will be, about independence ref 2 in Scotland.
As I said earlier, Jim Sillars lays the blame at Nicola Sturgeon’s feet. What happened the other week undermines the institutions of this democracy and damages Scotland’s position in Brexit negotiations. Nicola Sturgeon is clearly not acting as an honest broker.
Stephen Gethins (North East Fife) (SNP)
The hon. Gentleman talks about this democracy and compares the EU with the UK, which I find peculiar. Can he tell me of any other EU member state that is a democracy, where a party has lost an election 21 times in a row, but finds itself in power?
Colin Clark
I remind the hon. Gentleman that this is the United Kingdom. We had an independence referendum. He and I are part of the United Kingdom. I want to protect the Union; he wants separation from it.
Jim Sillars also said:
“I cannot remember one hostile speech that could be construed as an outright attempt to trash Scotland’s constitutional position.”
That is interesting, given that he is from the SNP. So this is not an attack on devolution and it is not a power grab.
What I really wanted to come on to is that language such as “Martini strategy” and “hit and run” radicalises those supporters to ignite the democratic process, undermines the rule of law and weakens Holyrood’s role. Frankly, it can endanger politicians, as my hon. Friend the Member for Stirling (Stephen Kerr) mentioned earlier.
Douglas Chapman (Dunfermline and West Fife) (SNP)
On the hon. Gentleman’s comment about undermining democracy, the point has been made many times in this House that the parties in the Scottish Parliament have voted time and again to ensure that our powers were retained. Four out of five parties supported that, voting no to a power grab. What part of no does the hon. Gentleman not understand?
Colin Clark
In the 2014 independence referendum, Scotland clearly said no. My predecessor, Alex Salmond, said that the referendum was a “once in a generation” event, and here we are. Which part of no do we not understand? I think that the problem clearly lies with the SNP.
Are we defending the integrity of the UK and protecting the devolution settlement? Yes we are, because the Scots want their two Governments to work together. Using guerrilla tactics to undermine this place, the democratic norms and the very basis of our liberal democracy, is deeply disappointing. Taking the advice of my predecessor in Gordon, Alex Salmond, this may rally the SNP hardcore, but it will alienate the law-abiding, taxpaying Scots who play by the rules. We are here as democrats. We should not let our constituents down.
Referendum on Scottish Independence
Colin Clark Excerpts(6 years, 5 months ago)
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Colin Clark (Gordon) (Con)
It is a pleasure to serve under your chairmanship, Sir Roger. This debate is about a second independence referendum, but rather than go over the same territory as other hon. Members, I will consider the legitimacy of referendums.
Referendums have risen to prominence in the United Kingdom only recently. Constitutionally speaking, they are a relative innovation. The first nationwide referendum took place in 1975, and to date there have only been three. It is well established that the UK is without a fully codified constitution; our constitution has been described as the most flexible policy in existence. The fluid nature of our system means that the place for a referendum can be difficult to nail down.
From analysing past referendums, it can be said that they are inherently political by nature. The purpose of a referendum is to settle a political stalemate that needs to be taken to the general public for a final decision. Referendums are a creature of statute and flow from legislation passed by Parliament. As there is no generic referendum legislation, each is the subject of a separate Act. They are normally the result of a manifesto commitment of a majority Government; their legitimacy arises from the fact that the public have voted in a party on the basis that it will implement its manifesto.
Alan Brown
Is the hon. Gentleman arguing that manifesto commitments have legitimacy only if a Government have a majority? I point out to him that his Government do not have one.
Colin Clark
If the hon. Gentleman lets me carry on, I will get to the explanation.
As the hon. Member for Edinburgh South (Ian Murray) said, if the Scottish Government had won a majority, they would have called a referendum. That is how the first Scottish independence referendum was called in 2011. Referendums have huge political authority because they are direct expressions of public opinion. If we disagree with the outcome of a referendum, our immediate response should not be to call for another. We must respect a referendum’s democratic legitimacy, or we risk undermining the legitimacy of our tested system of careful consideration by elected Members with periodic elections by an emancipated electorate. To hold another referendum on Scottish independence so soon after the original would risk undermining the constitutional position of referendums in our society. It would also undermine the Scottish public, who clearly voted against independence.
In an uncodified system such as ours with no set precedent for a referendum, we must take care of the frequency with which we hold them. Holding multiple referendums on the same issue in a short space of time would bring into question their ability to settle issues decisively. It would also pose the question whether they are simply a precursor to further referendums, which we should avidly avoid.
The hon. Member for Kilmarnock and Loudoun (Alan Brown) suggests that we are afraid of referendums. He should realise that his party devalues referendums, and democracy, by calling for another referendum so soon after the 2014 result. We should leave the process not to polls, which are likely to fluctuate, but to the democratic will of the people. That will ensure the ultimate legitimacy of referendums.
Recently, in my constituency of Gordon, a council by-election had to be called because somebody got elected to this House. A Conservative councillor was returned with 48% of the votes, and 65% of voters voted for Unionist parties. The Scottish Government clearly do not have the same mandate as in 2011. Since then, they have seen a no vote in the first independence referendum and a drop in their share of MSPs elected to Holyrood. In fact, the most recent election saw the emergence of a strong opposition: my 11 colleagues— 12, including the Secretary of State—and me. The issue has been settled decisively, so I ask both Parliaments and the SNP to respect the will of both Houses and respect the referendum.