Oral Answers to Questions

Deidre Brock Excerpts

Monday 22nd April 2024 Commons Chamber

[Mr Speaker]

Let me help: it is an easy one for you to answer. Now let us move on.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I thank the Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for North Dorset (Simon Hoare), for his reply to my letter of 21 March. He said that a short paper on the topic of the Union was prepared by officials and presented to the UK Government in July 2020. However, a media report at the time suggested that an employee of Hanbury Strategy had provided data and helped to prepare that paper for the Cabinet. Was public money used for the insights that Hanbury Strategy prepared for that paper, and when will the public get to see them?

[Michael Gove]

Once again, I have to admire the sheer chutzpah of Scottish National party Members talking about the misappropriation of cash. However, as I mentioned earlier, the Scottish Government’s budget has led to the closure of 25 tourist information centres and a variety of other ventures that are trying to get investment into Scotland, whereas the UK Government are providing investment in Scotland—proving once again that we are better together.

Extremism Definition and Community Engagement

Deidre Brock Excerpts

Thursday 14th March 2024 Commons Chamber

[Michael Gove]

I could not agree more with my hon. Friend. His distinguished career of public service even before he entered this House shows a commitment to working across divides to strengthen our democracy.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The Secretary of State spoke of sharing our workings about affected organisations. He did not share his workings after his abrupt decision to pull Government funding from the Inter Faith Network, causing that respected organisation to close. How does he explain the contradiction between his words and his recent actions?

[Michael Gove]

A letter was published outlining the reasoning behind that, and the Government are only one of a number of funders of the Inter Faith Network.

Oral Answers to Questions

Deidre Brock Excerpts

Monday 5th June 2023 Commons Chamber

[Michael Gove]

Yes, absolutely. As the hon. Member for Bristol East (Kerry McCarthy) has pointed out, that is absolutely at the heart of the strategic plan for Homes England.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

What discussions has the Secretary of State had with devolved counterparts on the potential location of investment zones in Scotland? What steps is he taking to tailor those zones to Scotland’s economic strengths and the Scottish Government’s ambition of transitioning to a wellbeing economy?

[Michael Gove]

I have had good conversations with the SNP leaders of Aberdeen City Council and Dundee City Council and, indeed, the SNP leader of Glasgow City Council, as well as with the Deputy First Minister about precisely this issue. We want to make sure that investment zones, such as freeports, are an example of the Scottish Government and the UK Government working in a way that is better together.

Draft European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022

Deidre Brock Excerpts

Thursday 3rd March 2022 General Committees

[Deidre Brock (Edinburgh North and Leith) (SNP)]

It is a great pleasure to serve under your chairship, Dr Huq. The Committee will be pleased to hear that I will not speak for long either because the Scottish National party supports, and indeed welcomes, the UK Government’s removal of the mechanism. We have always opposed section 12 and believe that it completely undermined the devolution settlement, under which consent must be sought and fully respected.

Our Cabinet Secretary for the Constitution, External Affairs and Culture said recently:

“One of the fundamental principles of the devolution settlement is that the powers and responsibilities of the Scottish Parliament”—

and indeed the Welsh Senedd—

“and in turn, the Scottish Government, cannot be changed without its consent. This is embodied in the statutory procedures under the Scotland Act 1998 which require the agreement of the Scottish Parliament, as well the House of Commons and the House of Lords, before such changes can be made by secondary legislation…

While they have never been used, the powers in section 12 of the Act for UK Ministers to change that competence, unilaterally and without consent, overrides that fundamental constitutional principle of the devolution settlement, which is why it was rejected by both the Scottish Government and the Scottish Parliament.

Despite the refusal of legislative consent by the Scottish Parliament”

to the European Union (Withdrawal) Bill in 2018,

“the UK Government proceeded with the legislation, consciously and deliberately overriding the Sewel Convention for the first time since devolution in 1999.”

That has caused irreparable damage. It suggests that this Government have an extremely worrying disregard for devolution and, frankly, it provides little cause for confidence in their future dealings with devolved Administrations.

In closing, I join the hon. Member for Nottingham North in asking the Minister to provide assurances that that sort of behaviour will not be repeated, and I will ask one final, slightly cheeky question. The Minister mentioned the common frameworks. If 30 out of 32 common frameworks are currently agreed, why did the Government feel the need to pass the United Kingdom Internal Market Act 2020, which has caused a great deal of concern among the devolved Administrations?

Shared Prosperity Fund: Devolved Administrations

Deidre Brock Excerpts

Tuesday 1st March 2022 Westminster Hall

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Thank you, Sir Edward. It is a pleasure to speak in this debate on the shared prosperity fund and the devolved Governments, and I pay tribute to the hon. Member for Belfast South (Claire Hanna) for bringing it forward and for setting out her case so comprehensively.

The Tory manifesto pledged a fair and equal share of funding that would fully replace EU support, which in Scotland would have been around £183 million per year. However, the Treasury Committee has already indicated, in a report published at the end of January, that the UK shared prosperity fund up to 2024-25 will be worth 40% less than EU support. In addition, all the power over the delivery of the funding is concentrated in Whitehall. There is no doubt that devolved Governments have been ignored. The Scottish Government as yet have no details of how much funding will be allocated to Scotland, nor has there been any consultation with Scottish Ministers, who have had no role in investment proposals or decisions in areas that are devolved to the Scottish Parliament.

The UK shared prosperity fund will replace the EU structural funds from next month, and still there has been no meaningful engagement with Scottish Ministers, or indeed those of other devolved nations. In January, the House of Lords Constitution Committee concluded that the UK Government continued to ignore devolution and the devolved Governments’ calls for greater transparency on decisions being taken with regard to levelling-up funding. With the publication of the shared prosperity fund pre-launch guidance this month, the role of devolved Governments and Parliaments is still completely unclear. The UK Government have chosen to work directly with local authorities, as presented in the guidance, and there is no evidence that they respect devolution or consider the Scottish Government, for example, an equal partner. Because the UK Government have also failed to offer any indication of Scotland’s shared prosperity fund allocation, or indeed how levelling up will align with the priorities of the Scottish Government, there is no overarching strategic thinking or planning in accordance with the Scottish Government’s priorities.

It is simply not respectful for the UK Government to seek the Scottish Government’s help in implementing projects after they have been selected by the UK Government. The Scottish Government, and all the devolved Governments, should be consulted at all stages, as was the case with EU funding. What possible objection could there be to that, unless the purpose is to undermine devolution? Although I appreciate that the Minister will tell us of the great munificence of the UK Government, it is also important to remember that in his last Budget, the Chancellor announced several direct funding programmes in Scotland through the levelling-up funding, totalling £172 million in spending. However, the rolling out of the levelling-up fund to communities around the UK short-changed the Scottish Government of expected Barnett consequentials, leaving a £400 million hole in the budget.

Delays to the delivery of post-Brexit funding—a year into Brexit—have already robbed poorer areas of £1.5 billion in funding, with the shared prosperity fund not set to deliver until April. When it is delivered, it will fall far short of previous EU funding. The reality is that Scotland will receive 3.5% of all levelling-up funding, despite having 8.2% of the UK’s population. Perhaps the Minister could explain that. The reality is that the Secretary of State for Levelling Up and the Prime Minister led a Brexit campaign promising £1.5 billion a year for Scottish devolved services when the UK left the EU. Instead, all we have heard is an announcement of £172 million. To put that into context, Scotland has received 11p for every £1 promised. In effect, Scotland has been short-changed by 89% of what was promised. I know the Minister will dispute this, but there is a growing consensus that the devolved Governments have been short-changed. The Treasury Committee says so, the House of Lords Constitution Committee says so, the Scottish Government say so, and the Unionist Welsh Government say so. They all agree that this is the case.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I want to raise the issue of Interreg with my hon. Friend, because the shared prosperity fund is touted as a replacement for EU structural funds, but the levelling-up White Paper makes no mention of Interreg. Interreg was very important to organisations such as the European Marine Energy Centre in Orkney, which works in collaboration with other partners and gets a lot of funding on the back of that in order to tackle really important common challenges in meeting our targets for net zero. Is my hon. Friend aware of that, and does she agree that it is essential that the funding is replaced?

[Patricia Gibson]

My hon. Friend makes an excellent point. The fact is that a number of organisations, including the European Marine Energy Centre, are very concerned about funding going forward, given the cuts to funding that I and many other speakers in the debate have talked about today.

Scotland has been short-changed and her Parliament undermined. I know the Minister thinks Scotland should be grateful, but the post-Brexit funding bonanza has not materialised and as a result important projects across Scotland and the devolved nations have been jeopardised. Scotland is the poorer for Brexit in so many ways. I hope the Minister will at least recognise the loss of funding that Scotland and the other devolved nations have suffered as a result and all the other concerns that he has heard about today. I really hope that when he gets to his feet, he will make a genuine attempt to address those concerns.

--- Later in debate ---

[Neil O'Brien]

I will come to quantums later in my speech, but no, we will keep our manifesto promises.

The hon. Member for Belfast South raised really important points, and I hope I can start to set Members’ minds at ease. The hon. Member for Strangford (Jim Shannon), whose health I would have feared for had he not been here today, was right when he said that we are all on this journey together.

I agreed with the hon. Member for Ceredigion (Ben Lake) when he said that we must work with devolved Governments and local people, not over their heads. I also agreed with the sensible speech made by hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones), who said that we must use the experience of local partners who know what is needed and how to run these kinds of schemes.

In Scotland, Wales and Northern Ireland we are very clear that we want local partners, at all levels, to be able to shape what is done to this funding and how it is allocated. In Northern Ireland, we have a unique local government landscape in our work on the UKSPF, so we proposed to deliver at a Northern Ireland-wide scale, which will enable us to have an allocation that is felt to be fair by all communities and that will make the most of all the fantastic opportunities that there are across Northern Ireland.

The development of that single Northern Ireland plan will draw on the insight and expertise of local partners, including the Northern Ireland Executive, local authorities, businesses, the community and the voluntary sector, in order to maximise all the local intelligence, insight and knowledge that they have. We have engaged with the Northern Ireland civil service, the Northern Ireland Local Government Association and Solace on UKSPF.

I have also reached out to the Northern Ireland Executive’s Minister for Finance and I plan to discuss the UKSPF further with him on Thursday. I had a very useful meeting with Minister Lochhead from the Scottish Government on Friday, and I am setting up a meeting with Vaughan Gething of the Welsh Government, as well. We are keen to work with all of the devolved Administrations to shape the way this funding is used.

[Deidre Brock]

When the Secretary of State for Levelling Up, Housing and Communities delivered his statement on the levelling-up White Paper, he acknowledged to me that the First Minister was advised of an innovation accelerator that was being put into Glasgow in a phone call only the night before. Can the Minister guarantee that that sort of behaviour will not continue in the future?

[Neil O'Brien]

I think that innovation accelerator is terribly exciting, but I can guarantee to the hon. Lady that as part of UKSPF we are engaging at all levels with devolved Governments and other local partners with important expertise. We will also be setting up an inter-ministerial group, with ministerial representation from all the devolved Governments, so that we have a regular forum on the breadth of my Department’s work to discuss these matters and to ensure there is an open dialogue across the whole UK.

The UKSPF has been designed to empower local places in all four nations of the UK. My Department is engaging with local government associations—including the Local Government Association, the Convention of Scottish Local Authorities, the Northern Ireland Local Government Association and the Welsh Local Government Association—ahead of and following the publication of the pre-launch guidance.

We will continue to engage with the devolved Governments and wider partners on the design and operation of the fund so that we can get the best outcomes across all the UK, because there are so many different priorities. The hon. Member for Strangford talked about fishing communities, and we heard from the hon. Member for North Down (Stephen Farry) about important community groups. There are many different partners that we have to engage in shaping this important programme.

We are engaging with the Northern Ireland Executive at an official level regarding the concerns they raised about programmes that are currently running under the European social fund. That dialogue will help to push on arrangements that maximise that fund delivery in Northern Ireland. However, it is worth thinking about the totality of these different funds because, as well as the shared prosperity fund, we also have the levelling-up fund and the community renewal fund, which is a one-year fund to transition us on to the UKSPF.

For Northern Ireland alone, if we look at some of those different sources of funding, my Department has provided £49 million via the levelling-up fund, £12 million as part of the community renewal fund, and funding through the community ownership fund, which enables different community groups to take things into community ownership. At the same time, we have made important long-term commitments in Northern Ireland, as in Scotland and Wales, through the city and growth deals. In Northern Ireland, those are worth £670 million—funding that is being matched by the Northern Ireland Executive. That is in addition to Northern Ireland-specific schemes, such as Peace Plus.

One of the challenges on my mind, as a Minister, is how we can all work together to ensure that the schemes work in such a way that they are more than the sum of their parts. I am conscious that there are a number of different schemes there; how do we ensure that the totality of the opportunities in Northern Ireland, which are very exciting, are best served by the confluence of all these different funding streams? It is useful, through t UKSPF, to have some funding that is not challenge-based but formula-based, and therefore, in that sense, a bit more flexible to provide bits of match funding to complement those other, existing funding streams.

Levelling Up

Deidre Brock Excerpts

Wednesday 2nd February 2022 Commons Chamber

[Michael Gove]

My right hon. Friend is absolutely right on that. I know that he was instrumental in the success of Andy Street’s election as Mayor of the West Midlands Combined Authority, and Andy has shown what a pro-business, pro-free market Conservative Mayor can do. My right hon. Friend is absolutely right to say that the innovation accelerator in the west midlands will be a way of harnessing all of the talent in his constituency and beyond. I listened carefully to his plea for better transport to the royal borough of Sutton Coldfield. In my view, the quicker people can get to Sutton Coldfield, the better it is for everyone. It is a beautiful royal borough with a fantastic Member of Parliament.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I note the intention to pilot an innovation accelerator in Glasgow. It is to be led by the Department for Business, Energy and Industrial Strategy, the Scotland Office and other UK Government Departments, from the Department for Levelling Up, Housing and Communities to the Department for International Trade, but no mention is made of the Scottish Government. Can he tell me what consultation there has been with the Scottish Government on the proposal?

[Michael Gove]

Yes. I talked to the First Minister about it last night.

Building Safety

Deidre Brock Excerpts

Tuesday 29th June 2021 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The passage of time does not always heal wounds or lessen the pain and anger that people feel over wrongs done to them, to their loved ones, or even to their communities. Grenfell will not and should not be forgotten. The failure of Governments to ban the use of flammable cladding will be an issue that will echo for quite a while yet, and I hope that the Government now find that their conscience directs them to ensure that the people who have been adversely affected by that failure to properly regulate will be compensated adequately.

Stark, too, is the impression that profits have come before people. There have been reports that the less expensive cladding was used in some buildings in spite of concerns over its safety. I cannot quite decide whether the people making those decisions felt that fire was so unlikely that it was a risk worth taking so long as it was not their houses the stuff was going on, or they do not concern themselves all that much with possible future events in the buildings they are commissioning. This is perhaps one of the great divides in society and in politics —do you place people above profit or profit above people? Do you value people for the contribution they make to the economy or value the economy for the contribution it makes to society? I do not expect us all to find common ground in the near future, but we can at least agree that profits should not come at the expense of people’s health and wellbeing. Many of us have constituents who find themselves deeply affected by the shaking out of these issues—people who are finding it difficult to sell their flat, who need additional certification to get mortgage decisions in their favour, and who have found that some insurers are backing out of these properties or, alternatively, are demanding substantially increased premiums. I would be interested to hear from the Minister what discussions the team in the Department have been having with insurance companies on these matters.

There is a case to be made for people who find themselves stuck, through no fault of their own, being helped by Government and by the regulatory agencies. There is a case for the Government to provide moneys for the surveys needed to clear mortgage agreements and to provide the resources to clear the substandard cladding from buildings. It would also be good if those who decided that it was good business to install it were pursued to pay the penalty for it.

A good start from the perspective of good government would be to copy the example set in Scotland, where a programme of whole building inspections—it is being referred to as a single building assessment—is to be carried out, saving individual property owners the expense and worry of arranging their own inspections for an EWS1 clearance. That programme has been funded by the Scottish Government and the first phase is about to start. The safety assessments on buildings with flatted properties will provide the evidence needed of the extent of remedial works required. The programme covers low-rise as well as high-rise, and it will mean that people in whose properties no issues are revealed will be released from safety concerns and mortgage lending problems. The programme will then move on to remediation of the buildings in need, starting with those most at risk. It was not the Scottish Government who put these homeowners in this position—in fact, this cladding has been illegal in Scotland for some years—but the mark of good government is stepping up to solve a problem for people. I am at a loss to understand why there is not, or does not seem to be, a similar Government initiative in England.

That leads on to a point about making sure that the people who put this stuff on buildings in the first place are held responsible for their actions, not only where it caused death and injury, as in Grenfell, but where it has cost homeowners financially. All too often, any homeowner who seeks financial redress finds that the firm that built the properties is no longer in existence: the people behind the project are still building, but the company no longer exists. The company, firm or legal entity is dissolved at the end of construction, leaving no one responsible should problems become evident later, with homeowners having to pick up the tab or be stuck with negative equity while those who took their profits are in no way inconvenienced. Making it easier to pursue the companies or individuals who have built those properties would be a step in the right direction.

There is also a case for regulators to be given the powers to step up. The Prudential Regulatory Authority should be looking at the performance and behaviour of insurance companies when dealing with people in properties that may or may not have cladding of questionable flammability. I have heard of some demands being made that are simply not credible. The retrofitting of wider staircases stands out as a particularly ridiculous example. If the regulator needs to be given additional powers, that can be done. That is what this place is for, surely. Perhaps it is time to start asking for reports on the behaviours of the companies involved in the construction and maintenance of properties, including the insurance companies. Let us not leave it until there is another scandal. Let us not leave it to journalists to dig out the horrors that some families may be facing. Let us do the job here before it becomes another emergency.

United Kingdom Internal Market Bill

Deidre Brock Excerpts

Consideration of Lords amendments
Wednesday 16th December 2020 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I suppose it is good to see that the Government have finally admitted that they have to listen to the concerns being raised about their appalling ignorance over devolution and how the UK currently works. Is it not bizarre that the unelected bunch along the corridor had more appreciation of the democratic deficit at the heart of the UK than the Government of “reclaiming sovereignty” fame?

It is appalling too—I have to say this—that the loyal and spineless Opposition betrayed generations of Scottish Labour activists and politicians who fought to establish devolution and battled their own party sometimes, but who learned to work across civic Scotland to deliver it. I think they must not have heard the warnings of Scottish Labour Action that a powerful devolved Administration in Scotland were not a frippery, but an absolutely essential counterpoint to Westminster and Whitehall blindness to issues anywhere outside the south-east of England. I expect nothing better from the Tories, but the Labour party has betrayed its own members and the activists who spent so long on the Calton Hill vigil. This desperate attempt to appeal to Tory values to try to bury the incompetence of the previous leadership might seem a decent old political strategy, but it renders the existence of the Labour party utterly meaningless.

In any case, we finally have a nod to the devolution settlement, even if it has been forced by the House of Lords. In yesterday’s debate, the Minister said this legislation was about devolution, demonstrated that it was about dismantling devolution and failed to answer any of the questions raised during the debate. It seems that Ministers in this UK Government no longer seek to engage in discussion, but instead merely fling pre-written barbs that they clearly think are clever. It is not clear whether they know how to debate and choose not to, or do not actually have command of their brief. Either way, it is unfitting for a Minister and no way to run a Government.

Instead of offering amendments to this elected Chamber yesterday or at any point during the passage of this Bill, the Government arranged their business in the unelected Chamber—somewhere it clearly feels most comfortable, among the privileged and away from the bother of the concerns of the people we represent. Those amendments, I will grant, go a little way towards addressing some of the concerns that have been raised, but I suggest that they were driven more by a desire to mollify cantankerous Lords than by the need to create decent legislation. They are tiny baby steps in the right direction at the time we needed giant strides and they leave, as we have already heard, reams of unanswered questions—how disputes between Governments will be resolved, for example, and how consumers can be protected from unthinking and uncaring Prime Ministers, for another.

The amendments will also embed an imbalance in the framework of a post-Brexit UK that will see England’s Government outweigh the other Governments in any negotiation, as the hon. Member for Stone (Sir William Cash) pointed out. He put his finger on the exact nub of this problem. England’s Government will outweigh the other Governments in any negotiation, because it continues to claim overlordship as the supposed Government of the UK. Labour might be interested in looking at that, because it echoes the democratic deficit that drove the creation of the devolved Administrations in the first place.

[Sir William Cash]

I personally have always believed that there should have been a referendum of the whole United Kingdom over the devolution question. I put down my own amendment back in 1997, and half the Conservative party went against a three-line Whip and followed me into the Lobby. That is the real way to get consent. I believe in the Union, and I believe that there should never have been devolution other than through a United Kingdom referendum, if it was going to happen at all.

[Deidre Brock]

I do not want to be rude to the hon. Gentleman, but he presents us with a glorious example of exactly why many on the SNP Benches want to get away from this House of Commons.

Scotland faces the same situation as we did in the last quarter of the last century: a UK Government of a hue that we did not vote for and would not support are riding roughshod over the interests of the Scottish people and will ignore them if they can. This Bill will pass today, but the debate will continue, and we have not yet begun to fight.

[Alan Brown]

I would like to briefly add to what my colleagues have said. We welcome some sort of recognition of the common frameworks. There is a lot still to be teased out in terms of how that will work. We know that Westminster’s sovereignty will overrule things, and that is still a big concern, but we welcome that measure. I still do not understand how the Minister stood at the Dispatch Box yesterday and said that common frameworks could not be enshrined in the Bill, because it would be so bad and would cause businesses uncertainty, and now he says, “We’ve listened to the Lords, and everything’s okay.” It would be good if he could clarify that when he sums up.

Despite what the hon. Member for Manchester Central (Lucy Powell) said, Labour did not lead the way on this. Labour gave up on devolution, and it gave up in the other place. Labour did not even back my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) in the Reasons Committee. Labour sat on its hands in the vote in that Committee. Lord Stevenson said, “We will not divide the House.” That is giving up. Labour gave up in the Lords.

Let us look at clause 48 and what Labour gave up on. Westminster is now allowed to provide infrastructure at places in the United Kingdom, including infrastructure connected with any of the other purposes mentioned. That infrastructure includes water, which is still publicly owned in Scotland, electricity, gas, telecoms, sewerage—also publicly owned in Scotland—railway facilities and roads or other transport facilities. As the hon. Member for North East Fife (Wendy Chamberlain) said, that paves the way for the glorious Union bridge or Union tunnel that we do not want and do not need, because we can invest better in transport infrastructure ourselves.

There is no doubt that the greatest improvements in Scotland’s infrastructure have come since the introduction of the Scottish Parliament, making decisions for the people of Scotland on behalf of the people of Scotland and representing the people who elected them. [Interruption.] Does the hon. Member for Manchester Central want to intervene? No. As I was saying, the greatest improvements in Scotland’s infrastructure have come since the introduction of the Scottish Parliament. MSPs are answerable to the people who elected them. Unfortunately, we have a right- wing Tory Government who Scotland did not elect, and now they are free to overrule us. Labour backed down. It does not matter what the hon. Member for Manchester Central said; Labour backed down and gave up.

The Bill allows Westminster to spend not only in Scotland but in Wales, overruling the Welsh Labour Government on health, education, culture, sports facilities, court or prison facilities and housing. We are leading the way in building social housing in Scotland. We ended the right to buy. The Tories obviously still think that the right to buy is a good thing, forcing councils to get rid of their housing stock. How dare Westminster legislate to provide housing in Scotland—we have done very well without your help, thank you very much.

State aid is something else that Labour gave up on. It has been stated clearly that state aid was never a reserved function, and therefore it was devolved to the four nations, so why is Westminster taking it back? Does it think that that sends out a good message?

People are watching. Studies in Scotland have shown time and again that people in Scotland trust the Scottish Parliament to legislate and invest in these matters over Westminster, so why Westminster thinks it can do a better job is beyond me. As my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey said, it looks like independence is the only way that we can protect the powers of the Scottish Parliament. Bring it on.

United Kingdom Internal Market Bill

Deidre Brock Excerpts

Consideration of Lords amendments
Tuesday 15th December 2020 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

So here we are again. I am glad that the Lords have continued to press their points on the common frameworks and the impact of the Bill on the devolved Administrations. The Lords seem to understand that the Bill poses a great threat to the devolution settlement, so I cannot understand why the Government do not even accept the damage that this Bill has caused in the devolved nations. We are told by the Minister that it is not a political Bill. It is almost laughable. I wish the Government would just be honest with us. If they want to have a debate about the merits of devolution, many Members, not just on this side of the House, would be willing to argue in its favour. The Minister would also do well to remember that it was not the Scottish National party that brought about devolution in Scotland in the first place.

A case in point of the Government’s failure to own up to the impact of this Bill on devolution can be seen with the amendments that have been brought by the Lords on the common frameworks. Last week, I raised the question of what the Bill was for, in situations where common frameworks were already in place. I again ask the Minister to address that question. There is a huge hole in the Government’s argument, and they have left that question unanswered. There is also a real question about the interaction of the Bill with any potential EU trade deal, and I urge the Minister to address this. If we reach agreement with the EU on regulatory standards, which I hope we do, what will become of those clauses of the Bill on standards and frameworks? Will they ever come into effect, or will they become obsolete, with future standards being the subject of regulatory alignment with the EU? If the answer is the latter, I hope the Government will reflect on what this has all been for, and whether it has been worth it.

The Bill had two main aspects. The first was the part that broke international law, which was removed last week. That part of the Bill has resulted in huge damage to our international standing. It was reported this weekend that the serious mistrust sown as a result of those clauses has been a significant barrier to getting the trade deal that the Government claim they want. It has caused huge disquiet among our allies, including President-elect Biden. All that, for clauses that will never even reach the statute book.

Then we have the parts of the Bill that impact the devolution settlement. Those clauses will reach the statute book, but if there is a deal, it is likely that they will have no practical effect. However, the damage has already been done. This has caused deep dismay to the people of Scotland, Wales and Northern Ireland and given those SNP Members sitting around me grist to their mill. Congratulations! This is what you might call a PR nightmare for the United Kingdom and for the Union. Although in many respects it is already too late, I urge the Minister to accept the Lords amendments and finally deliver some form of limited consensus on this Bill.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Most of us here in the Chamber recognise that Brexit is an exercise in self-harm, and this Bill is an attempt to ensure that no one escapes that harm, no matter how sensible they are. No one will be safe from English Government decisions—and they will be English Government decisions because, as Professor Michael Keating notes in his excellent paper on the United Kingdom Internal Market Bill:

“In the UK, England has 85 per cent of the population so…it will be English standards, set by the UK Government, that prevail.”

So no one will be safe from the English Government’s decision to impose lower safety standards on food, electrical appliances or kids bikes, or on personal protective equipment for the NHS that has been produced by some ministerial crony with no experience in that field at all.

These Lords amendments, which are sadly ever-diminishing in strength, will none the less provide some small protections, because the Bill as it stands allows a Prime Minister sitting in Downing Street to casually cast aside the concerns of the Scots and the Welsh as he sells out safety for the sake of some second-rate trade deal. Consumer protection is being discarded by the scorched-earth shenanigans being pursued by this UK Government. Perhaps it is more fire sale than scorched earth, with the protections that consumers—our constituents—value so highly being sold so cheaply.

Farmers already know that their livelihoods are being thrown into the gutter by the abandonment of any pretence of protecting food standards. They know that England’s shift from farm subsidies for food production will adversely affect England’s farmers and indirectly threaten Scotland’s ability to support farmers. We all know that the courts will be busy with a procession of spivs seeking to remove protections so that they can make cash. What we can see will be disastrous; what we cannot yet see may be even worse.

The Governments of Scotland and Wales know that the Bill spells danger for the citizens of their countries. The Senedd and the Scottish Parliament have similarly made it clear that it is not acceptable; both Parliaments withheld legislative consent and made it clear that it will be damaging to them and to the people they serve.

United Kingdom Internal Market Bill

Deidre Brock Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Derek Thomas (St Ives) (Con)]

I have listened to days of this debate and to many constituents, and while I started off feeling quite concerned and nervous, I am more certain today of the need for the Bill than I have been up until now. It would be foolhardy to make no provision if a free trade arrangement is not secured, and I want to speak to parts 1 and 2 of the Bill.

The UK internal market has functioned seamlessly for centuries, and it is the responsibility of all of us to work to ensure this remains the case. The Bill ensures that businesses can continue to trade across our country as they do now. We cannot accept new burdens and barriers in any part of the UK, and I was stunned to hear the SNP talking about the kind of restrictions they wanted to place on their own great nation by not allowing the UK to work for free trade.

I cannot stress enough how much the business community wants leadership, confidence and clarity regarding the environment it will be expected to operate in on 1 January, which is not that far away, so my plea to Government, and the plea from businesses in my constituency, is for them to step up the communications for the millions of businesses across the UK. Market access in goods and services is vital, and businesses deserve to know exactly how this is to be.

I am also reassured regarding the scope of the Bill; I do not share the concerns we have just heard about the power grab. It is clear to me that Brexit achieves the very opposite: rather than Brussels dictating how state aid, for example, should be applied, it is for the UK Government and the devolved authorities to work together to work out how businesses can be supported to grow and flourish, and how communities can be supported do so through good business. I look forward to the Government being able to identify which parts of the UK face inequalities and barriers to success, and to be free to apply support and intervention as part of their levelling up agenda, targeting taxpayers’ money at improving life chances.

I am also reassured that if this Act is needed, and if a breach of international law is needed, Parliament will be required to trigger it. In most constituencies, international law was not a regular topic of conversation prior to the introduction of the internal market Bill. However, that is not the case in west Cornwall and Scilly; it crops up regularly across my patch, and has done for as long as I have been an MP, because it relates to fishing, which it is crucial that we ensure we get right as we go into next year. Breaching international law presents a trip hazard for UK fishing. There is one key element to reassuring our fishing fleets about UK fishing policy, and it played a part in the Brexit referendum result: international law gives the UK control of access to UK waters, and confidence in the rule of law allows us to look UK fishing in the eye.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The hon. Gentleman makes a point about international law being talked about among his constituents, but can he assure me that the international law of UNCLOS—the United Nations convention on the law of the sea—will be adhered to, despite his Government’s apparent intention to breach international law around this agreement?

[Derek Thomas]

What I am clear about, which is why I said at the beginning I was more nervous until we got to this part of the debate, is that there is very little risk that we will breach any international law or even that this Act will be needed. I am confident that we will continue to work for the free trade agreement, and I am confident we can avoid that, and, if and when it comes to it, I am confident that it will be Parliament that triggers these provisions or not.

Returning to our fishermen, they have followed our lead and they are confident that, as a country that abides by the rule of law, international law will be on their side, so we must press ahead, but with great caution; I agree with the comments made on that. People expect their MPs to work in their best interests and the UK interest first and foremost. In my view, the motivation of every colleague who votes in favour of the Bill is to do just that.

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[Bim Afolami]

In a second. I would like to make a bit of progress.

The European Union would not give its voters a direct say in the making of such common standards as Members would have in this House. Yet SNP Members would prefer the European Union, which has more than 450 million people in 27 member states, to impose common standards, rather than the United Kingdom Parliament, where SNP Members quite rightly speak for their constituents in this House. I find that a bizarre position.

I do not believe the hon. Member for Glasgow North West (Carol Monaghan) is in her place, but earlier she became very exercised—she mentioned it several times—about the idea, the horror, of English teachers being able to teach in Scottish schools. This is not a place to talk about the SNP’s record on education, but it is odd if we cannot have an amity between the four nations and would regard an English teacher as somehow not qualified to teach in Scotland. Do we not want fully qualified English teachers to be able to go to a Scottish school and to say that they want to teach in Scotland? The Bill allows the sort of non-discrimination that that would outlaw.

[Deidre Brock]

The hon. Gentleman is mischaracterising the attempts by my hon. Friend the Member for Glasgow North West (Carol Monaghan) to point out that qualification standards in Scotland are higher than those required in English schools. I can tell him right now that free schools, which are so popular with his Government, are allowed to employ teachers without qualified-teacher status. That is not the case in Scotland. What is his answer to that?

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[Craig Williams]

On day four in Committee, it is tempting to regurgitate all the points that have been made previously, but I can assure Members that I will resist that. It is a pleasure to follow the hon. Member for Strangford (Jim Shannon); I agree with much of what he said about our precious Union. It was also a pleasure to hear from my near neighbour, my hon. Friend the Member for Vale of Clwyd (Dr Davies), and my hon. Friend the Member for Hitchin and Harpenden (Bim Afolami) about the non-tariff barriers. Those two key points—non-tariff barriers to trade and market access for our Union—are why I was so exercised that I put myself forward to speak in this debate.

I want to briefly talk about market access. We have heard some Members getting exercised about the creation of this market access framework, but much of what is in the Bill replicates the EU market as it was. Much of the political debate around the Bill thus far has been a regurgitation of the former Brexit argument—it is just the same old politics in a different guise.

A third of my constituents in Montgomeryshire travel across the English-Welsh border every day, whether that is for education, jobs, skills or goods. It is entirely porous. It is essential for my constituency—I task the entire Welsh nation with this—that we get market access right, with no distortions and no non-tariff barriers internally or externally, for the rest of the world. It is critical that this is done at a UK level.

I want to touch on amendment 9 and the perceived attack on devolution. This is one of the single biggest transfers of powers to the Senedd, the Welsh Parliament —70 powers. I will happily take an intervention from anyone who can name a single power that the Welsh Parliament will not be able to exercise because of this Bill. Indeed, the Counsel General of the Welsh Government went as far as to say that

“this doesn’t specifically prevent the Senedd from exercising its powers”.

All the noises to date in this Chamber and in the press are a lot of politics.

[Deidre Brock]

rose—

[Craig Williams]

I have been waiting for an intervention— I give way.

[Deidre Brock]

Of course, it is not a single power. The effect would be felt across many of the devolved powers. If the hon. Gentleman would care to have a look at page 12 of the explanatory notes, he will see that it is explained quite clearly in the paragraph entitled “Constitutional embedding and devolved competence”:

“the Bill’s provisions create a new limit on the effect of legislation made in exercise of devolved legislative or executive competence.”

[Craig Williams]

No more than the market access operated under the EU market. The devil is always in the detail, and the hon. Lady can name no specific power—these are just broad political statements again and again. My constituents expect better. This Bill is essential for jobs, jobs, jobs. That, more than ever, is what my constituents expect me to support.

[Deidre Brock]

Does the hon. Gentleman accept that there already exist wide regulatory differences between the four nations of the UK? When I sat on the Committees considering both iterations of the Agriculture Bill, we heard from the National Farmers Unions, and they always wanted any changes to regulations or to approaches in the different nations to be agreed, not imposed, as is happening with this Bill.

[Craig Williams]

My constituency has a huge concentration of high mountain and hilltop sheep farming. This Bill affects none of that. It changes no specific powers. The point that the hon. Lady just made means absolutely nothing in detail—nothing to jobs in my constituency, nothing to the constitutional changes and nothing to the devolved Administrations. All this does is continue what we had under the European Union.

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[Anne McLaughlin]

The hon. Gentleman is in effect saying that we have to just trust that the UK Government will not do that. I will tell him what I do trust: EU laws. In this scenario, if we were still subject to EU laws the principle of proportionality would apply and that would protect those public health decisions.

[Deidre Brock]

Further to that point, does my hon. Friend not find it extraordinary that, if the Government are so carefully minded to protect the different regulations of the nations of the UK, there is no mechanism in the Bill for negotiating or agreeing minimum standards?

[Anne McLaughlin]

I do indeed find that extraordinary, but perhaps they will have a change of heart if what the hon. Member for Rother Valley (Alexander Stafford) says—that the “could” and “should” and “would” is not going to happen—is correct. But we know that is not going to happen.

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[Alexander Stafford]

We are talking about songs today, and I appreciate the hon. Member for Glasgow North East (Anne McLaughlin) quoting The Who; lest we forget, the famous Roger Daltrey is an ardent Brexiter and has made it perfectly clear that he supports Brexit, so I will take his words any day.

I welcome the opportunity to speak again on the Bill in Committee—I also spoke last week and on Second Reading—because it is of fundamental importance to us as a country. It is not a political Bill; it is not about being for or against independence or for or against taking powers. It is a Bill about jobs and economic prosperity and ensuring that when we leave the EU fully at the end of this year we can trade as one big bloc. I believe that is why the SNP is against the Bill: because it is a good Bill that binds the country together. There may be some tweaking around the edges, but, fundamentally, this Bill will increase prosperity in the UK, and I think it will convince more people in Scotland that the Union is a good thing and is here to stay.

Moving on, however, this Bill will ensure that businesses can continue to trade across our country, as they do now, avoiding new burdens and barriers. The amendments that SNP Members and others are putting forward will increase those barriers and burdens on business. If there is anything we have learned from this crisis, it is that we need to support business. The only way we can pay for the great schemes the Government have introduced—the furlough scheme, the bounce back loans—is by having businesses thriving.

We want businesses to thrive and this Bill allows businesses to thrive, but I fear the SNP amendments would not. They would put up a barrier between England and Wales and Northern Ireland and Scotland, and that would be detrimental for the people of Scotland as well. I think those amendments are very crass, dare I say it, because they will actually increase hardship for the people of Scotland. We want to make things easier for their everyday lives, not harder for political gain.

We have talked about powers being given, and this Bill clearly guarantees more powers for the devolved bodies, with powers increasing in at least 70 policy areas. This is a good Bill. If people believe in subsidiarity and in devolution, this Bill is good because it gives more powers to the people. It is taking them off the European Union, yes, but giving them back to the devolved nations, and that is a good thing.

Furthermore, Scotland, Wales and Northern Ireland disproportionately benefit from market access, with the Department for Business, Energy and Industrial Strategy risk assessment calculating that internal barriers to trade would impact on Scotland and Wales four or five times worse than on the rest of the UK.

Amendments 34 and 35, from the nationalists, seek to tie the hands of the UK Government. We have seen time and again in this House that SNP Members want to tie our hands and not allow free trade to flow and free conversations between our nations, which is worrying. The nationalists want to amend the provisions of the Bill so that the Government must gain the agreement of the aforementioned Administrations, in an attempt to paint Westminster as overruling the will of the Scottish, Welsh and Northern Irish people. These amendments are actually trying to paint us as the baddies that we are not. We are one family—Scottish, Welsh, Northern Irish, English. We are the same people, and we are cut from the same cloth.

[Deidre Brock]

Will the hon. Gentleman give way?

[Alexander Stafford]

Of course, on family—I will always give way to a member of my family.

[Deidre Brock]

The hon. Gentleman is talking a lot about this family of nations and how we are all going to come to some sort of agreement, but can he answer the question about there being no internal mechanism within the Bill whereby minimum requirements or an agreed harmonisation of standards could take place?

[Alexander Stafford]

I think we discussed this last Tuesday in relation to the Competition and Markets Authority and markets, which are how we come together, but I want to touch on the point about that minimum of low standards. Why do we have to legislate for everything? Why do we have to legislate for every could, should and would? SNP Members keep trying to portray the worst-case examples, saying, “Oh, you know, the asteroid might hit us. Why does this Bill not talk about the asteroid and how we could deal with it?” We cannot think about all these coulds and shoulds; we have to deal with what is in front of us. We have to work together, and this Bill allows us to work together to overcome any issues, and to come together.

[Deidre Brock]

Will the hon. Gentleman accept that this is based on bitter experience of this place? I would point him to our experience of the Scotland Act 2016. Over 100 amendments and new clauses to that Bill were tabled, and not a single one of them was accepted. Where was Scotland’s voice then?

[Alexander Stafford]

Once again, this comes back to the difference between our parties. I believe in one country—one United Kingdom. The SNP and the Scotland did have a say. The people of Scotland had a say when they elected the Government in 2019. They have their voice in this Parliament: under the Acts of Union, they have this voice and they can talk contribute through this voice. To balkanise our country into these small states is just wrong.

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[Lee Rowley]

I will not. I apologise, but I wish to make some progress.

The idea that the negotiations will not be difficult or choppy is unrealistic. Our values of openness, internationalism, free trade, partnership, fairness and freedom never change, but we have to prepare our domestic legislation and ensure that it works. Certain key questions remain, however. What else can be done? How else can this be remedied? How can the United Kingdom protect its own interests, its fundamental, historic economic integrity and its right of self-determination? I have yet to hear one realistic alternative to the legislation in front of us today that would create a functioning, coherent and integrated internal market, based on a historic precedent, that would work and that would, as a result, allow us to be clear with our friends over the channel that, as a consequence, the economic integrity of the United Kingdom must be respected.

[Deidre Brock]

I rise to speak to amendment 89 and a number of other amendments that appear in my name and those of my hon. Friends. I also support Plaid Cymru’s excellent amendment 9.

Scottish architects have raised concerns about the Bill imposing the much lower English building standards on Scotland. The Royal Incorporation of Architects in Scotland pointed out this week that Scotland’s standards have helped prevent tragedies like that at Grenfell. Peter Drummond of the RIAS said that

“it is simply inexplicable that the bill seeks to align the more robust Scottish regulations with the English system. Those powers are now to be removed. The lowest common denominator within the UK will apply. And that is, on any fair reading, a spectacularly poor step backwards.”

One would think that England would want to move towards the Scottish standards, but the Bill makes it clear that England’s Government seek to bring Scotland’s standards down rather than improve English standards. That poverty of ambition will haunt England for decades, but it should not be allowed to shackle the rest of us.

In areas of devolved responsibility, the Government in Whitehall are the English Government rather than the UK Government. The Bill, under the myth of removing barriers to trade, ignores that division and seeks to force Scotland—and, of course, Wales and Northern Ireland—into a lockstep Union of diminishing standards and lessening protections, with a Government determined to rip away what they would term red tape and the rest of us term sensible precautions.

The White Paper singled out various building standards as a supposed barrier to the smooth functioning of the market, in spite of decades of experience showing that to be utter nonsense. What about other standards? Will the minimum tolerable standard for living accommodation be lost? Will teaching qualification standards be removed?

In answer to the hon. Member for Hitchin and Harpenden (Bim Afolami), who is no longer in his place, I have had a number of WhatsApp messages since the earlier exchange and I am told that in England a teacher can be unqualified or can switch subjects. For example, a PE teacher can start to teach physics if there is a shortage. That is not the case in Scotland. Scottish teachers must have a degree in teaching or in the subject they are teaching, plus a postgraduate qualification. Again, that is not the case in England, as I understand it. Will free schools and academy schools be foisted on an unwilling Scottish populous? Will the power grab destroy Scotland’s consumer protections?

The exemptions in schedule 1 include water and sewerage, to be sure, but clause 10 allows the Secretary of State to amend those exemptions by secondary legislation. Is this the back door to privatising Scottish Water?

The Bill is a parade of threats to Scotland, not least among which is the threat to our food and drink industry. The Government will remove food protections. Animal welfare standards, environmental standards and protections against genetically modified crops are all in the firing line. Ministers will tell us that this is not so, but let me tell them that no one believes them. England’s Government will not protect English consumers, but they should not get in the way of Scottish Governments protecting Scottish consumers.

I have solutions. The first is the obvious one and by far the best: Scotland as an independent nation state making her own decisions, which will happen soon. The second is less direct but would have some effect: instead of reducing everything to the lowest common beast, as is proposed in the Bill, raise it instead to the highest standard. Our amendment 89 would do that. Where goods are traded across the borders of these nations, let them be traded at the highest standards. Scotland has banned flammable cladding on high-rise buildings and that should be respected. A ban on hormone-treated beef should be respected, and so on. Respect the higher standard and protect the consumer, the brand reputations, the businesses and the investment—protect jobs. The higher standard should be the goal, not the lower. I urge Members to adopt that principle and Ministers to consider it.

There are other problems with the Bill. Regulations will be made in Whitehall. Unlike the EU process, this will not be co-decision-making. EU competences are constrained by the need to achieve consensus among member states. This regime will be dictatorial: rule from the bunker, not the negotiating table. The mutual recognition clause is actually the Whitehall superiority clause.

Scots academics have given this Bill short shrift. Professor Michael Dougan has been quoted at length in this debate. Professor Michael Keating, professor of politics at Aberdeen University, points out that under the 1999 devolution settlement there was no hierarchy of laws; some were reserved to Westminster and the rest were devolved. Under this Bill, UK Ministers would have

“powers to regulate a…wide range of otherwise devolved matters in the name of the internal market”.

Professor Nicola McEwen of Edinburgh University makes it clear that rules made by the devolved Administrations will not apply to goods or service providers that satisfy less strict regulations in England. She says that

“unfettered market access is given priority. EU principles of proportionality and subsidiarity are…excluded.”

Also on the chopping block would be the right to differentiate production methods in procurement, so there goes organic farming—even if it survives the drop in exports after the Government’s failure to agree an equivalence with the EU. This is an absolute mess, and that is why amendment 89 is so important.

Do not drag us down; use the good example set by a neighbour to raise up your own standards. Let us have goods crossing the national borders of these islands meeting the highest standards, rather than the lowest. There has been much ado about the fact that the Bill will potentially breach international law. It is a matter of at least equal concern that it would change our constitutional arrangements without asking the people for approval in a referendum. Furthermore, the Bill would give Ministers the right further to amend the constitutional settlement without the bother of primary legislation. Some folk would call that a coup d’état. It represents the dismantling of the devolved settlements, the disempowerment of this Parliament and the centralisation of power in the hands of a very few Ministers. Surely that is the mark of a failed state.

In short, this Bill is a mess that would have been better off consigned to a skip, but if we are all going to have to suffer it—we in Scotland, hopefully, for the shortest time possible—at least let us pitch for the higher standard, rather than the lower.

[Dr Whitford]

I also rise to speak to amendment 89 and the other amendments listed in my name and the names of my colleagues.

Part 1 of the Bill introduces two key trade mechanisms within the UK for the first time: mutual recognition and non-discrimination. The hon. Member for North East Derbyshire (Lee Rowley) tries to make these sound benign, but that just shows his lack of ability to see what they look like from any of the devolved nations. Non-discrimination, which is covered in clauses 5 and 6, would affect labelling regarding the source of produce. It would therefore remove the ability for consumers to reduce their food miles or to support local producers if they choose to, and could be used to undermine or challenge protected geographical indicators or the Scottish brand—as in Scotch whisky and Scotch beef. Despite their long tradition and international recognition as Scottish products, we already see the promotion of British whisky and British haggis, of all things.

Clauses 2 and 3 cover mutual recognition, which creates a powerful deregulatory pressure, because if any UK nation has lower standards or regulations, the other three must just shut up and accept such goods. As England is the largest nation and economically the most powerful, it is assumed that its standards will dominate, particularly as the Secretary of State has the power to change the Bill on a whim if he wishes. Although clause 3(9) says that the Secretary of State “must consult” the devolved nations, I am afraid that the last four years have shown just how worthless and meaningless such a phrase is.

Clause 3(4) lists the aspects of a product that could come under mutual recognition, including its characteristics, performance standards, packaging and labelling, and certification.

There is even a catch-all line for

“anything not falling within paragraphs (a) to (f)”.

Basically, every single aspect of commercial goods could be challenged under this legislation.

The Government claim, as indeed do many on the Conservative Benches, that the Bill is needed to maintain trade throughout the UK, yet previously trade continued without any problems, despite the variations in the four nations’ regulations. All three devolved Governments have been working to agree common frameworks to ensure that there are no obstacles to trade but also that the devolved powers and different priorities of the four nations are respected.

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[Dr Whitford]

Absolutely. An amendment was tabled by one of their own Members—the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish)—to protect food standards in farming.

[Deidre Brock]

Does my hon. Friend share my amazement that not a single Scottish Tory has attended today’s debate, despite the impact that the proposals will have on the devolved nations and on Scotland?

[Dr Whitford]

The Conservatives tend to count on the farming community in Scotland. I echo what others have said: the National Farmers Union of Scotland is none too happy with what has been happening, particularly the failure to protect standards.

That brings us to the dreaded chlorine-washed chicken. Of course, it is not the chlorine that is the issue—if someone is not a great swimmer, they will have swallowed more in a swimming pool; the concern is about why the chicken is washed in chlorine in the first place. Because of the overcrowding of poultry and poor animal welfare standards, the US has between seven and 10 times the salmonella food poisoning rate of the UK, even after washing its poultry. It is clear that most consumers are none too keen on chlorine-washed chicken or hormone-fed beef, but the labelling restrictions under the Bill may well mean that they are not allowed to know. A lot of people may consider becoming vegetarian when such products appear, but that will not help them, because the US also allows higher pesticide residues.

After clause 46, which takes back control of spending in devolved areas, the mutual recognition clauses will have the biggest impact in respect of removing powers from the devolved Governments. Mutual recognition will mean that any devolved legislation to maintain or drive up standards will end up applying only to local producers and not to goods from elsewhere in the UK. That would, of course, put local producers at a disadvantage, without achieving the benefit that the devolved Government were seeking. The EU single market is based on mutual recognition, but the EU generally sets higher standards rather than lower ones and, as was mentioned previously, new standards are agreed by all 27—previously 28—nations. Unlike the UK, the EU accepts derogation for social benefits such as public health, consumer protection, waste reduction or tackling climate change. The Bill has no such derogations at all.

It has often been the devolved nations that have driven forward ideas and legislation in the UK. That should be welcomed, not obstructed. On health, Scotland was the first UK nation to introduce the smoking ban in 2006, and it led the way on the minimum-unit pricing of alcohol in 2018, which Wales is now seeking to follow, but this was specifically attacked as a regulatory restriction in the White Paper and could fall foul of either mutual recognition or non-discrimination—the Government do not seem to be very clear on that. While legislation that is already in place is exempt, any change to that legislation could bring it within the scope of the Bill, so that might act as a disincentive to increasing the unit price on alcohol in the future. Indeed, the whole Bill is a disincentive to creative legislation within the devolved Governments to improve life for their citizens.

On the environment, Wales was the first to charge for carrier bags in all shops in 2011, followed a couple of years later by Northern Ireland and Scotland. England finally followed in 2015, but only for large retailers. Last year, Scotland was the first UK nation to ban plastic stemmed cotton buds, which make up 5% to 10% of marine waste. Yet Scotland’s plans for a deposit return scheme to increase recycling and reduce litter is attacked in the White Paper. If the devolved nations have to always wait for the slowest, innovation and action will be stifled.

Part 3 of the Bill establishes similar new rules over professional qualifications and, ironically, seems to be modelling itself on freedom of movement. Under clause 22(2), anyone recognised as professionally qualified in one part of the UK must be accepted in all other nations of the UK. Of course, medical qualifications such as mine are part of a UK-wide registration, but there are professions with specific requirements to be registered in Scotland and Wales.

I note that, miraculously, there were still enough lawyers left in the Government to make sure that the new rule did not apply to the legal profession, as Scots law is of course completely separate, but what about other professions? England has introduced nursing apprentices and nursing associates, while Scotland still maintains nursing as an academic profession. Scotland and Wales both require a teaching qualification, but in England anyone with a degree can become a teacher without any formal teacher training. Education in Scotland was not devolved 20 years ago, but like Scots law and the Church of Scotland, it has been a separate entity since prior to the Act of Union and was protected in that Act.

This Bill is a piece of wanton vandalism. The Tories never supported devolution, and this Bill is driven by anti-devolution politics and control freakery, rather than anything to do with economics or business. There is an alternative to this high-handed and heavy-handed legislation. The UK Government should get back to the table and continue working on agreeing common frameworks, instead of winding back two decades of devolution.

I can tell the House that, regardless of their views on independence, the vast majority of people in Scotland support devolution. They appreciate the value of maintaining a unified public NHS and of Scotland’s wellbeing policies, from the baby box to free personal care. Last Friday was the sixth anniversary of our independence referendum, when the people of Scotland held control of their future in their own hands for 15 hours, but sadly gave it back. Among the broken promises of “Better Together”, which achieved that outcome, were “Vote No to stay in the EU” and promises of more devolution, not less, and of Scotland being an “equal partner” in a “family of nations”. This Bill leaves any shred of such a claim twisting in the wind. If the Prime Minister and his Government think this Bill will strengthen their precious Union, I have news for them: it will do precisely the opposite.

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[Paul Scully]

As I say, we are trying to keep this narrow so that one part of the UK does not face discrimination in another. We want to make sure that we get the balance right between having the benefits of the UK internal market and having legitimate aims on an environmental basis, on public health or on any number of other areas.

Amendment 36 seeks to alter the process by which the list of legitimate policy aims may be changed in the future. These aims allow for an exemption from the requirement prohibiting indirect discrimination, and that could therefore be cited as necessary for implementing a measure that is indirectly discriminatory. The aims are tightly drawn, but the Government recognise that it is important to retain flexibility for the future—for example, to reflect the experience of the effect of the market access principles in practice and based on business feedback. That is why the power is necessary and we cannot accept the amendment.

Amendment 80 seeks to exclude fisheries in Scotland from the market access principles. It is essential that the Scottish industry is able to maximise the return on its fish by being able to access a diverse range of markets and a wide range of consumers. Scottish fish is sold across the UK. However, this amendment would create new barriers to trade, going against the fundamental purpose of the Bill. The hon. Member for Central Ayrshire (Dr Whitford) talked about procurement. With regard to amendment 87, the Government intend to deliver measures on procurement through a wider package of procurement reform that is being implemented shortly after the Bill. A procurement rules reform Green Paper has been drafted and there will be a formal consultation. The aim is for separate primary legislation to follow.

I turn to new clause 5 and amendment 40. The protection of our environment and maintenance of high food standards are of great importance, and the UK Government are committed to maintaining standards across the UK in all these areas. The intention of the amendments appears to be to prevent Ministers from developing standards that differ from those in the EU, even where UK standards better serve the needs of the UK. On that basis, I urge Members not to move the new clause and the amendment.

I thank the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna) for tabling amendments 81 to 85, as they raise the important issue of the recognition of professional qualifications in the common travel area. However, I must oppose the amendments as set out. This Bill is not the vehicle for honouring our commitments in relation to the common travel area. I can reassure the hon. Members that the UK Government acknowledge that the recognition of professional qualifications is an essential facilitator of the right to work associated with the common travel area. My officials are progressing work in relation to the common travel area so that the UK can continue to meet its commitments.

Amendment 27 seeks to give devolved Ministers the ability to decide which qualifications can be accepted as part of the internal market. By giving devolved Ministers the power to decide which qualifications should benefit from these provisions, we could reduce the number of professionals who can move within the internal market. The alternative recognition process outlined in clause 24 grants the flexibility, and will enable authorities to assess on a case-by-case basis whether a person’s existing qualifications and experience are sufficient evidence of the skills required for the profession in question.

I turn to new clause 10 and thank the hon. Member for Brighton, Pavilion (Caroline Lucas), who is no longer in her seat, for her contribution. As I have tried to highlight, the protection of the environment is hugely important and something to which this Government are very committed. However, passing this amendment would not be the best way to protect the environment. We have made sure that there are exemptions from indirect discrimination where the health of animals and plants and humans is concerned. Further to this, the powers in the Environment Bill will mean that future Governments must be open and transparent about the impact of future primary legislation on environmental protections.

Amendment 88 seeks to prevent the Bill from being placed into schedule 4 to the Scotland Act 1998, thus preventing it from being protected from modification or repealed by the Scottish Parliament. If the Bill were to be modifiable by one or more devolved legislatures, it would not be able to provide consumers and businesses with the vital certainty that they currently enjoy. Businesses trading in Scotland would need to consider how the Scottish Parliament may seek to amend or repeal elements of this legislation. That would create disruptive uncertainty, which must be avoided, particularly as we seek to support the UK’s economic recovery from the covid-19 pandemic.

I turn to amendments 9 and 39, and new clause 9. We will continue to work closely with the devolved Administrations to understand and respond to their concerns. In accordance with the Sewel convention, the UK Government have requested legislative consent motions for this Bill from all the devolved legislatures. New clause 9 in particular would place intergovernmental structures in statute, limiting the capacity for discussion among all Governments and the capacity to adapt to this change.

New clause 11 seeks to provide Parliament with information on the working of the Act in a context of developing common frameworks. It is essential that the Office for the Internal Market is available and able to perform its functions at arm’s length from political interference from the UK Government and devolved Administrations.

[Deidre Brock]

Will the Minister give way?

[Paul Scully]

I must bring my response to a close. The amendment risks undermining the independence of the CMA and its global reputation for producing credible, impartial and expert analysis.