European Union (Notification of Withdrawal) Bill

Debate between Dominic Grieve and Alex Salmond

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Mr Grieve]

rose—

[Alex Salmond]

I give way to the former Attorney General.

[Mr Grieve]

The concession of the Government in the Supreme Court was merely for the purpose of those proceedings. I say to my right hon. Friend the Member for Wokingham (John Redwood) that we can derive nothing from that as to whether article 50 is revocable or not. Indeed, there is powerful legal argument that it is capable of being revoked.

[Alex Salmond]

The two Members should talk among themselves before they come to the House with an agreed position. However, both those amazingly talented people are on the Back Benches, so it does not really matter if they have an informed and learned debate after proceeding to agreement. What matters is the confusion on the Front Bench. Whatever they think, the Brexit Secretary did not know whether it was revocable or not.

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[Mr Grieve]

I can read what is on the paper. I take the view that this is a significant step forward, but I will say no more about it at this time.

[Alex Salmond]

The House will have its say; the question is about the circumstances in which it has that say and the default position if it does not agree. May we adjudicate between the Daily Mirror, No.10, the Minister and the interpretation of the right hon. and learned Gentleman by having something on paper in the Bill? In that way, all our interpretations can be crystallised around an essential truth.

[Mr Grieve]

With characteristic sagacity, the right hon. Gentleman goes to the heart and nub of the problem. Is it readily possible to put into the Bill the intention read out at the Dispatch Box by the Minister? In fairness to the Minister and the Government, there are, I am afraid, some really good reasons why that presents difficulties.

The most obvious difficulty is the finite nature of the negotiating period under article 50. One of the things I was interested in was whether we could secure from the Government an undertaking that we would have a vote at the end of the process—before, in fact, the signing of the deal with the Commission. Contrary to what is set out in new clause 110, the Council of Ministers and the Commission are not two separate processes. The Commission will sign the initial agreement when the Council of Ministers gives it the authority to do so, and it then goes to the European Parliament for ratification or approval—call it what you will. Those are not two separate things.

Our problem is that if the negotiation follows the pattern that we have often come across in the course of EU negotiations—running to the 11th hour, 59th minute and 59th second—and we are about to drop off the edge, I confess that I do not particularly wish to fetter the Government’s discretion by insisting that at that precise moment they have to say, “We’re terribly sorry, but we can’t give you a decision until 48 hours after we have dropped off because we have to go back and get approval from both Houses of Parliament.” That is a real problem inherent in what to my point of view is the ghastly labyrinth into which, I am afraid, we have been plunged. We have to try to work our way through it with common sense.

European Union Referendum Bill

Debate between Dominic Grieve and Alex Salmond

Tuesday 16th June 2015 Commons Chamber

[Alex Salmond]

There is a link of continuity between amendment 16 and the point of order that I made—that the theme should be one of respect. There has been a great deal of talk about respect by the Prime Minister in recent years, but particularly since the result of the election of last month. He said, for example:

“Governing with respect means recognising that the different nations of our United Kingdom have their own governments, as well as the UK government.”

The amendment is about giving acknowledgment to that respect in relation to the European referendum. [Interruption.] Does the right hon. and learned Member for Beaconsfield (Mr Grieve) want to intervene? If so, then of course I will gladly allow him.

[Mr Dominic Grieve (Beaconsfield) (Con)]

indicated dissent.

[Alex Salmond]

He was just stretching his legs, I suspect.

On the subject of respect for all nations of the United Kingdom, the amendment puts forward the view that a simple majority across the UK would not be enough to have the UK exit the European Union but that we would have to pay attention to the voting in the four constituent nations of the United Kingdom. It is not unusual, in international terms, even in federal and confederal states, for there to be a so-called double majority—in this case, a quad lock between Scotland, England, Northern Ireland and Wales. In America, 14 states can block a constitutional amendment, even if they could comprise only 5% of the population. My hon. Friend the Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) will go through some of the other international examples where even in federal and confederal states there is a double lock or a blocking minority with regard to the constitution, recognising the component parts of those states.

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[Alex Salmond]

I am always dubious about accepting a Conservative interpretation of the secret wishes of the Scottish National party. The sole Liberal Democrat Member with a Scottish constituency is in considerable trouble for trying to publicise what he thought were the secret wishes of the First Minister of Scotland, in a manner that no doubt will be fully investigated. No, the secret and public wish of the Scottish National party is for us to secure a yes vote in the referendum.

However, the right hon. and learned Gentleman does have a point, and the First Minister of Scotland has put her finger on it in her usual adroit fashion. If, across the United Kingdom, there was a majority vote against staying in the EU but Scotland had voted in favour, that could very well provide the material change in circumstances that the First Minister would indicate made another constitutional referendum on Scottish independence well nigh inevitable. With his usual insight, the right hon. and learned Gentleman has put his finger on an important point.

[Mr Grieve]

rose—

[Alex Salmond]

I see that this right hon. and learned Gentleman has stopped stretching his legs and now wants to intervene.

[Mr Grieve]

I am grateful to the right hon. Gentleman. It seems to me that he, too, has put his finger on the issue, which is essentially a political one. Although he might wish to change the current structure of the United Kingdom and there might be arguments in favour of a federal or other solution, that structure currently clearly provides that the decision should be taken in common. In those circumstances, although there might be terrible fallout from a result that produced separate outcomes in Scotland and England, that fallout would be political and would not justify the amendment.

[Alex Salmond]

Let us continue the point exactly on that question. It was as a solution to the scenario painted by the right hon. and learned Member for Rushcliffe (Mr Clarke) that the First Minister put forward the idea of having the quad lock or double lock system for the referendum. It is up to the Committee, of course, whether it accepts the amendment or not. If it were accepted, the scenario painted by the right hon. and learned Gentleman would not come to pass because it would be provided for in the terms of the referendum itself. If, on the other hand, the Committee chooses to reject the amendment, the possibility of that scenario remains open.

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[Mr Grieve]

It seems to me that the question is about not lack of respect, but what decisions are taken in common and in relation to what decisions we give a veto to the different component parts. The right hon. and learned Gentleman argues—it is a perfectly persuasive argument—that there should be an effective veto in each component part. However, there is an equally perfectly valid argument that the decision is ultimately a political one for the Government and that the Government would be entitled to take a view that, in the interests of the community in its widest sense—all the component parts—they should come to a decision one way or the other, irrespective of the fact that one component part did not want that decision.

[Alex Salmond]

I congratulate the right hon. and learned Gentleman on intervening at such length without attracting the ire of the Chair. That was adroitly done. The question of whether there is respect will be judged on whether amendment 16 is considered as a valid and interesting point for debate. I was taking the Prime Minister at his word when he said:

“Governing with respect means recognising that the different nations of our United Kingdom have their own governments”.

If the Prime Minister wants to recognise respect, the Government will take the amendment seriously. I will listen to what those on the Treasury Bench say, when they make their contributions, about whether Scotland is a country or a county—let us put it that way—and about whether it is a serious matter of import or just something to be swept aside. That is a matter for the Government’s reaction.

There should be some sort of lesson in the spatchcock, humiliating climbdown, to which I referred earlier. It is true that the Government did not say over the past few weeks that they would not have the referendum on the same day as the national elections in Scotland, Wales and Northern Ireland—they could have said that at any point over the past two weeks, but they chose not to because they wanted to keep that option open—and then found last evening that they were likely to secure a humiliating defeat in Committee and, in a desperate scramble, they had to produce a last-minute amendment. My contention is that if they had shown a bit more respect over the past two weeks, they would not have had to engage in the humiliating climbdown last evening.

European Union Referendum Bill

Debate between Dominic Grieve and Alex Salmond

Tuesday 9th June 2015 Commons Chamber

[Alex Salmond]

I know that many people in the Labour party find the argument about the difference between a country and a county or city very difficult. I advise the hon. Gentleman that there are many routes to revival for the Labour party in Scotland, but suggesting that Scotland is not a nation, or is equivalent to a city or a county, is not one of the best avenues. All the four component nations of the United Kingdom should be treated with equal respect.

The subject of respect comes to the issue of whether the referendum might be held on the same day as the Scottish, Welsh and, possibly, the Northern Irish elections. I am sure that Ministers on the Treasury Bench will have heard the huge opposition to such a proposal from all those nations, but that does not come only from representatives of those countries or even of London. It also comes from the Electoral Commission, which—last December—not only said that was a bad idea, but gave clear advice to the Government. It said:

“Any government introducing legislation for future referendums, not only in Scotland but also those held across or in other parts of the UK, should also publish at the same time its assessment of the implications of holding other polls on the same day. This will enable legislatures (including the Scottish Parliament and the UK Parliament) to consider the relative benefits and risks of the proposal as they scrutinise the referendum Bill.”

So the Electoral Commission recommended that should be done “at the same time”. We are now discussing the Bill on the Referendum. I ask the Minister for Europe where the assessment is that the Electoral Commission called for in such unambiguous language.

[Mr Grieve]

May I take the right hon. Gentleman back a moment to his arguments about the franchise? Is he arguing that prisoners should be empowered to vote in the referendum? If they should be in the parliamentary franchise, which arguably—under the judgment of the European Court of Human Rights—they should, that might be an argument for their inclusion, but I noticed that, when he was First Minister in Scotland and the matter was being debated here, the silence of his Administration on the subject was deafening.

[Alex Salmond]

The silence was action. The Government that I led defended in court—I am surprised the right hon. and learned Gentleman did not follow the proceedings of the Scottish courts on the matter—an attempt to enfranchise prisoners in the Scottish referendum, and we were right to refuse that. I merely pointed out that ex-prisoners in the House of Lords will be enfranchised by the Government’s proposals while fine, upstanding European citizens who have never done a thing wrong in their lives, such as Christian Allard MSP, are to be denied a vote. I am truly surprised that someone with such a liberal reputation—the right hon. and learned Gentleman may be the last liberal in the House—should make such a point. Perhaps he is campaigning for some Select Committee and trying to garner support from the Tory Benches.

Before the right hon. and learned Gentleman attempted to distract me, I was making an important point about the clear injunction—to use an English term—from the Electoral Commission that if a Bill for a referendum left open the possibility of holding elections on the same day, an assessment should be published at the same time. That was what the Electoral Commission said last December. Ministers have said that they are considering that, so where is the assessment that the Electoral Commission required to be published? Where is the Government’s assessment of the pros and cons of holding an election on the same day? It would be unacceptable to the people of Scotland, Wales and Northern Ireland to have the European referendum held on the same day as our national elections.

The Bill is badly based on nonsense and a contradiction. The Prime Minister, who is introducing the Bill—although he is not here with us today—does not actually want to withdraw from the European Union. Major constitutional referendums should be held on a proposition honestly held, whether for independence, devolution or proportional representation, and backed up by those proposing it. The Prime Minister proposes to hold the referendum as a political tactic, and that is the contradiction at the heart of the Bill. That is why there is so much suspicion already, not only among opponents of Europe but among proponents of Europe, and that is why the Bill should not be given a Second Reading later today.