Scottish Devolution Settlement: Retained EU Law
Debate between Dean Russell and Brendan O'Hara(1 year, 6 months ago)
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Dean Russell
I shall assume that the hon. Member for Argyll and Bute wanted to make the same point. To be absolutely clear, the premise of the Bill is to enable the conversations to happen among the UK Government and the devolved Governments and to enable us to look at the best way to ensure that we have very high standards in our approach around a whole load of areas. It is not about trying to reduce the quality of food or any of those things. The UK has always had very high standards. I will come to that later in my speech.
Dean Russell
Okay, I will take an intervention, but I am going to come to those points later.
Brendan O'Hara
The Minister has failed to answer the question, which is very specific. He talks about conversations being had, but this is not about conversations. It is about where decision making and power lie. If the Scottish Parliament decided that chlorinated chicken was banned, but the UK Parliament decided that chlorinated chicken was okay, what would stop chlorinated chicken appearing on supermarket shelves in Scotland? That is a very specific question.
Dean Russell
I take the intervention. The key point here is that this is about the Bill, and the conversations between the UK Government, through devolution, with the Scottish Government and others are yet to be had. We have to have those conversations, and the Bill will enable them to be had and to look at how we put those regulations in place. The idea that the UK is somehow going to start to reduce quality with respect to food or any other area is a rehash of old, proven-to-be-untrue Brexit arguments, and it is not the case here. I am going to make progress and I will come to some of those points later.
The majority of the powers in the Bill will be conferred on the devolved Governments. Conferring those powers will provide the devolved Governments with the tools to reform retained EU law in areas of devolved competence. That will enable the Scottish Government to make active decisions about the retained EU law that is within their devolved competence, for the benefit of citizens and businesses throughout Scotland. When using the powers of the Bill, the Government will use the appropriate mechanisms, such as the common frameworks, to engage with the devolved Governments. That will enable us to take account of wider context and allow for joined-up decision making across the UK.
The Government believe that a sunset provision is the quickest and most effective way to remove or amend all retained EU law on the UK statute book. That will incentivise genuine reform of retained EU law. The reform is needed, and it will help to drive economic growth. It will also enable us to capitalise on the rich vein of opportunity afforded to us via Brexit.
The sunset provision will of course not include Acts of Parliament, or indeed Acts of the devolved legislatures. It is right that an Act that has received proper parliamentary scrutiny should be the highest law of the land. Most retained EU law, however, sits on our statute book as a constitutional anomaly—somewhere between primary legislation and secondary, neither here nor there. It never received proper parliamentary scrutiny, and unless we actively want it, it ought to be removed.
The power to preserve specified pieces of retained EU law will also be conferred on the devolved Governments. That will enable the Scottish Government to decide which retained EU law they wish to preserve and assimilate, and which they wish to allow to sunset within their devolved competence.
Brendan O'Hara
Time is pressing, so I appreciate the Minister giving way. Given what he has just said, will he confirm now that should the Scottish Government decide to preserve all retained EU law, that would be respected and upheld by the Government here at Westminster?
Dean Russell
I will come to that later, so the hon. Gentleman will get his answer. Ultimately, we are saying that where there is devolved competence and where there is engagement on that, absolutely we will work together on it.
I want to assure the House that the Government are committed to ensuring that the Bill works for all parts of the UK. We have carefully considered how it will impact each of the four nations, in close discussion with the devolved Governments, and it is of paramount importance that our legislatures function in a way that makes certain that we can continue to work together as one.
The Government recognise the importance of ensuring that the Bill is consistent with the devolved arrangements, and we remain committed to respecting the devolution settlements and the Sewel convention. Indeed, the Business Secretary has made that commitment clear in his engagement with Scotland’s Cabinet Secretary for the Constitution, External Affairs and Culture, Angus Robertson. The Government have sought legislative consent from the devolved legislatures for the provisions in the Bill that engage the legislative consent motion process. Both I and the Business Secretary look forward to engaging with the devolved Governments on the process of seeking legislative consent as the Bill progresses through Parliament. Alongside that, the Business Secretary and I remain committed to engaging with our devolved counterparts as the Bill moves through. We will work together to address any concerns and ensure that the Bill works for all parts of the UK.
The hon. Member for Argyll and Bute asked about devolved settlements. We are not changing the constitutional settlement. The Scottish Government will still have control of areas within devolved competence, including food standards. On workers’ rights, the UK has one of the best records on workers’ rights—those high standards were never dependent on the EU—and we intend to continue them. Environmental protections will not be weakened. We want to ensure that environmental law is fit for purpose and able to drive improved environmental outcomes.
Brendan O'Hara
I thank everyone who has taken part this morning. What we lacked in numbers we certainly made up for in quality. I thank the hon. Members for Strangford (Jim Shannon) and for Glasgow North (Patrick Grady), my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown), and even the hon. Member for Edinburgh South (Ian Murray), who, despite his best efforts to go on a fishing expedition very early on this Tuesday morning, will have noticed that I and my colleagues are far too long in the tooth to bite, particularly this early in the morning.
I thank the Minister for what he said. I am delighted that he confirmed that, should the Scottish Government decide to preserve all retained EU law, that would be respected and upheld by the Government here in Westminster. But nothing that he has said has altered the fact that on the rights and protections—
Dean Russell
I just want to be clear on the wording that the hon. Member used. I said that if the Scottish Government want to preserve all areas within their competency, the UK Government will respect that. I want to be clear that that is what was being repeated back.
Brendan O'Hara
Okay—as we dance on the head of a pin this early in the morning. What it does not change is the fact that our rights and protections that we have enjoyed for 40-odd years in the areas of food standards, animal welfare and environmental protections are under threat. As my hon. Friend the Member for Kilmarnock and Loudoun says, why would the Government legislate to ensure that we cannot get access to the biggest market in the world sitting on our doorstep? Nothing the Minister has said changes my position that they are coming for our Parliament. The sooner we are out of this Union and rejoin the European Union, the better.
Question put and agreed to.
Resolved,
That this House has considered the impact of retained EU law on the Scottish devolution settlement.