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European Union (Withdrawal) Bill Debate
Full Debate: Read Full DebateDrew Hendry
Main Page: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)Department Debates - View all Drew Hendry's debates with the Ministry of Justice
(7 years, 2 months ago)
Commons ChamberIt is a great pleasure to follow the hon. Member for Swansea West (Geraint Davies).
I believe that this is the first speech I have made on Britain leaving the European Union. The reason for my remaining unusually silent in this place is that back when the referendum was announced, I took a decision to not go to my constituents and tell them which way they should vote, but to try to remain impartial and provide them with information on both sides of the argument. I did so as a point of principle. I took the view that, having asked people to vote for me in 2015 so they could have a referendum, I wanted it to be their decision as to how their vote should be determined. I wanted to bring them information. I did so by holding 10 debates across the constituency and by going to 25 schools in the final week. I was, of course, very willing to give my own view as to which way I was going to vote, so at 9.59 pm on referendum day I announced that I had voted to remain. I then found out that 60% of my constituents disagreed with me, because they had voted to leave.
Having tried to provide information on what article 50 would mean in the event that we left and what the Prime Minister’s reformed EU would look like if we remained, I took the view that I was duty bound to follow the mandate given to me by the people. That is why I voted, along with 498 Members, to trigger article 50. Having said that I would follow that instruction, I am now duty bound to become greatly and passionately interested in the shape of our EU departure. I very much intend to do that.
I am still drawn to the Norwegian argument that those on the remain side used as a reason why we should stay. We do not want to be a member of the single market, but be unable to influence its shape and have to pay into its obligations. I still find that an attractive argument and that is why I now advocate leaving the single market and the customs union. I firmly believe that the way we can shape the new future is not by trying to look back at the past, but by forging a brand new future.
Does the hon. Gentleman not then agree with the Scottish Conservative leader, Ruth Davidson, who said on 7 September in The Spectator that the UK should stay in the single market?
The hon. Gentleman will have heard me when I said that I believe we should leave the single market. I can pinpoint the particular reason. If we are going to follow the instructions our constituents gave us, at least let us be bold, ambitious and look outside the club of 27 member states who, frankly, have not allowed some of the poorest countries to trade with that block. We should now set our sights on helping those countries and forging links with them in a way that has not been possible thus far. There is, therefore, an ethical reason for leaving the single market and the customs union, and for forging a new way forward.
As one of the 498 MPs who triggered article 50, I look at the approximately 150 MPs who were not willing to do so. I can perhaps understand why they are not willing to support Second Reading. The Bill will preserve all EU law when we leave the EU. The 150 MPs do not wish us to leave the EU, so I can see, logically, why they are not willing to vote for Second Reading. I would, however, just make the point that it was the same ballot box that returned them to this place that they choose to disregard when it comes to the referendum. That leaves us with the remaining 498 MPs. We hear that many of them will not support Second Reading this evening. I can understand those who always wished the UK to leave the EU not wanting to retain EU laws but to get on with repeal straightaway, but I have not heard any voices on either side of the House advocating that position. I am working on the basis, therefore, having heard of no other mechanism for retaining EU law on day one, that there is no alternative to the Bill.
Why, then, will hon. Members not vote for the principle of the Bill on Second Reading? I am saying not that the Bill cannot be improved but that the Government will listen to ideas on how it can be improved—I can testify to that having had a conversation with the ministerial team today and fixed a meeting to walk through some of those improvements. On clause 6, for example, on the interpretation of EU law following departure, I have concerns that the lower courts will be required to follow retained EU case law and retained EU general principles. It appears that they will not be able to depart from EU case law but that the Supreme Court will. If a decision is taken by the lower courts on EU general principles, however, will the Supreme Court be able to depart on that basis?
There are issues to iron out, therefore, but notwithstanding all the intelligent arguments we have heard from lawyers in this place, the prime driver for me is the need to make suggestions and make this work. It behoves us to make it work. In a previous job, I took many cases through the court process, including the Supreme Court, and the more assistance we can give the Supreme Court with interpretation and the smooth administration of law, the greater the benefits we will all reap in the future.
But that is for another day. Tonight is all about whether we are willing to see all preserved EU rights and laws retained on day one, so as to deliver a smooth departure, retain the rights that many hon. Members want retained and ensure that we make a success of our leaving. I was willing to listen to other arguments, but I have heard none advanced, apart—I am afraid to say—from pure politics. I do not believe that our constituents, regardless of which way they voted, want politics on this subject; they want us to get on with the job and deliver a successful Brexit, not just for them but for the country and world at large.
Some Government Members seem perturbed at the description of clause 7 as a power grab, but given the breadth of its powers and the absolute and unqualified way in which they are presented, the legislation represents a transfer of political authority from the elected House of this Parliament to the political Executive of Government on a scale not seen in modern times. Any democrat should be concerned about that, but what concerns me even more is Ministers’ justification for why such powers are necessary. They are effectively saying that this is now the only way that they can achieve Brexit and get the job done. That speaks volumes about the woeful inadequacy of the Government’s preparations for leaving the European Union.
It is no surprise: we all know and, indeed, have always known that the repatriation of European law and its integration into UK law would be complicated. It will throw up inconsistencies and anomalies and it will require further legislation. That is no secret. It is perturbing that 15 months after the referendum, having built a brand new, shiny Government Department, committed hundreds of millions of taxpayers’ money to the process and instructed thousands of civil servants on the job, the best the Government can come up with is, “Trust us; it will be all right on the night.” Where is the schedule of the principal EU laws that are to be repatriated, indicating the effect on domestic legislation and bringing forward legislative amendments for the House’s approval in order to make it work? Where is the schedule—the plan? There is none. It is a shocking abrogation of the Government’s responsibility.
If clause 7 is a power grab by the Executive, clause 11 is a power grab by the British state over the United Kingdom’s devolved national Parliaments. Let me explain it this way to my friends in the Scottish Conservative and Unionist party. Twenty years ago to the day, we voted to establish a national Parliament in Scotland. Our predecessors in this place went on to decide what its powers should be. If this country had control over fishing and agriculture back then, there would have been no dispute whatsoever: those powers would have been given to Holyrood. They would not have been included in schedule 5 to the Scotland Act 1998, which sets out the reserved powers. It would have been seen as an automatic, simple thing to do, yet that is not what is happening under the Bill, and we have to ask ourselves why.
We are being invited to trust Ministers, but I want to withhold my trust, because there are alternatives that they could have considered. They could simply have repealed the relevant bits in the 1998 Act and changed schedule 5. They could have repealed the measure and put in a new qualification on the Scottish Government to comply with whatever international agreements the UK forms in the future, or—here is the kicker—they could have said in the Bill, “This is our intention to devolve these powers,” and they could have put a time limit on that, after which it would automatically happen. The absence of that leads me not to trust the Government.
Does my hon. Friend agree that it would be incredible if the Scots Tories voted for this Bill to take powers away from Scotland, when even their leader, Ruth Davidson, says that this could do great economic harm to the UK?
Drew Hendry
Main Page: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)Department Debates - View all Drew Hendry's debates with the Cabinet Office
(6 years, 11 months ago)
Commons ChamberThank you, Sir David.
There was no option for debate, and no opportunity to amend or even reject those laws. Where was SNP Members’ concern for sovereignty then?
My hon. Friend is right that the rhetoric of the SNP group in Westminster is very different from that of the SNP group in Holyrood.
No, I will answer this point first. It looks as though we are achieving a real consensus about the powers that will come to Scotland, but we have just heard the SNP’s heated rhetoric in this Chamber. I know the SNP group in Holyrood, because I worked with them, and I know that Alex Neil and some bashful others are very keen on Brexit and powers coming back to, and being exercised in, Holyrood. SNP Members in Westminster want those powers to lie with the EU, and they want the EU to retain and maintain full control over all those areas.
Given that the EU is still very much travelling in the direction of greater integration, the SNP will simply want to cede even more powers to the EU if they get their way and win a second independence referendum. Boy, we in the Conservative party will do everything to prevent that from happening. There is no power grab here; this is simply the SNP’s great power giveaway.
In 2016, the SNP went into the election with a majority in Holyrood and lost it. The SNP now depends on the votes of the Greens to see through its legislation, its budget and a second independence referendum. The right hon. Gentleman mentioned the election in June. I do not know whether he has looked behind him, but 21 of his colleagues have gone missing, including the former leader of the SNP, Alex Salmond, and the party’s leader in Westminster, Angus Robertson. In that election, it was quite clear that the people of Scotland wanted to send the First Minister a message: “In 2014, we said no and we meant it.” That is why there are fewer SNP Members here than there were. There may be 35 of them, as the right hon. Gentleman says, but 13 Scottish Conservatives have achieved more for Scotland in five months in the last Budget than 56 SNP MPs ever did in two years.
I want to get back to my previous point. We will always stand up for Scotland’s businesses, communities and its people.
I have literally just answered a point, so I will finish making this one. We will ensure that no barriers are created to trade within the UK. Even the SNP Scottish Government—including the Brexit Minister, Mike Russell—accept that there will have to be common UK-wide frameworks, because they are needed. That is reflected in the Scottish Affairs Committee report, as other colleagues have highlighted in the debate. We need common frameworks, because a UK single market or unitary market—whatever we want to call it—is our greatest asset and we need to maintain it. Where frameworks are needed to underpin the work of companies and individuals across all parts of our United Kingdom, we will make the case for such frameworks.
My hon. Friend is right. Scotland has two Governments: the United Kingdom Government and the Scottish Government. I know from my own constituency that my residents like it when both Governments work together, rather than being at each other’s throats. We have co-operated on city deals, for example, to achieve something, and we need to see more of that, because my constituents are absolutely fed up with the back-biting.
On the subject of powers, does the hon. Gentleman still subscribe to what was written on the banner that he held outside the Scottish Parliament for the Vote Leave campaign? The banner urged people to vote to
“LEAVE the EU and give control of the Scottish fishing industry to our democratically-elected Scottish Parliament”.
Does he still agree that those powers should go to the democratically elected Scottish Parliament?
I am so grateful to the hon. Gentleman for bringing that up. By leaving the European Union, we can take back powers over fishing, and we will come out of the common fisheries policy. As we heard earlier in this debate, the SNP wants to take us straight back into the EU and therefore drag every fisherman in Scotland straight back into that very policy, selling Scotland’s fishermen out. That has been confirmed today, but the Scottish Conservatives, such as my hon. Friend the Member for Banff and Buchan (David Duguid), will stand up for Scottish fishermen and deliver a Brexit that works for them. I thank the hon. Gentleman for giving me the opportunity to say so.
It is a pleasure to follow the hon. Member for Edinburgh North and Leith (Deidre Brock).
I rise to speak in support of new clause 64 and the Labour amendments that seek to address the sidelining of the devolved Administrations. Since devolution, over 17 years ago, there has been considerable divergence in many policy areas between the different parts of the UK. Environment and rural affairs policy has been significantly devolved, and this is one area where Brexit will have a huge impact. The day before the UK Government triggered article 50, the Welsh Government provided rural communities with a £250 million boost via the final tranche of the rural development fund to help them become more resilient after Brexit. We need this support to continue.
This evening, we have listened to the detail and intricacies of clause 11, the impact of which will have a detrimental effect on Wales, if powers come back to Westminster from Wales. I will take my speech in a different direction, however, so that I can highlight the needs of the farming community in Gower in the light of the new clauses and amendments. As we all know, there might not have been much truth in some of the claims made by the leave campaign, but many farmers had no reason to disbelieve politicians when they were told that
“Wales would not be one penny worse off after Brexit”
and that Welsh farming would have
“at least as much support”
as it currently has after Brexit, but we are yet to see any funding guarantee from the Government that will ensure that Welsh farmers get, at a minimum, the same level of funding support they currently receive through the common agricultural policy after 2020-21.
The Tory UK Government have refused to provide assurances about matching the current level of funding, but they have also failed clearly to explain what will happen about any future trade rules for farmers. The right hon. Member for Clwyd West (Mr Jones) stated that NFU Cymru supported the retention of a common framework for agriculture, but decisions made in Westminster would most definitely not reflect the needs of the devolved nations, particularly of sheep farmers in Wales. There has been no mention, either, of how any support there is for farmers will be distributed between the devolved Administrations.
The Farmers’ Union of Wales supports the UK’s remaining in the single market and the customs union. The president of the FUW, Glyn Roberts, stated it was “the only sensible outcome” as much of the uncertainty about the future would just disappear. NFU Cymru has also stressed that access to the EU single market must be tariff free. We wait on tenterhooks for news from Brussels about whether a special deal can be struck for Northern Ireland, but as the First Minister, Carwyn Jones, said earlier, we cannot allow different parts of the UK to be treated more favourably than others. If Northern Ireland is to stay in the customs union and the single market, why cannot Welsh farmers profit from the benefits of remaining in them as well? They currently have a fantastic global reputation for quality produce, higher environmental standards and animal welfare protections. Wales needs to retain that strong brand, underpinned by high standards, but we have still not had any guarantees on how we can protect it.
It is more important than ever for Members of Parliament to engage with the farming community and the farming unions, which is something that I am proud to do. In my constituency, farming focuses on dairy, lamb and beef. I have met many farmers, and have discussed the post-Brexit situation with dairy farmer Andrew Stevens of Llannant Farm and with Dan Pritchard of Gower Salt Marsh Lamb. Dan has been involved in agricultural talks in Brussels, and says that the main concern for sheep farmers is uncertainty: because no one knows what is happening, it is impossible to plan for the future. Given that profits are already being squeezed for farmers, certainty about a future trade deal with the EU needs to be prioritised, or many more farmers will lose their businesses and stop farming. If Welsh farmers put their trust in the Tories, they will find themselves out of business.
The lamb, beef and dairy industry in Wales is subject to high standards of regulation, and we are proud of that. It ensures that produce from Wales and the United Kingdom is of the highest quality. Welfare should be a high priority, but the big issue for Welsh farmers is that Tory austerity means that people cannot afford to make better choices. Farmers will be unable to compete without either some sort of protection or some assistance to export so that we can continue to sell our goods in the EU and to other countries. Given the threat of tariffs and the risk of losing subsidies, the farming industry in Wales is feeling vulnerable. There must be public procurement in which the produce from our Welsh farms has priority. Our schools, hospitals and armed forces should be using British produce, including produce from Wales.
During my discussion with Dan from Gower Salt Marsh Lamb, he identified one positive aspect of our leaving the EU: the possibility that other markets could be tapped into. However, while farmers hope that that may happen, the prospect of a tariff on their current trade with France, the EU’s largest importer of lamb, makes future business inconceivable. The fact that such huge changes are on the horizon means that leaving the EU is an uphill battle for Welsh farmers. The message from farming unions in Wales is clear, and the message from the Welsh Government is clear: the UK Government must maintain current levels of investment in farming in Wales after Brexit, to ensure that Welsh farmers remain competitive and can produce food of the highest standards.
I support new clause 64 because it would establish collaborative procedures for the creation of UK-wide frameworks only if Ministers
“have consulted with, and secured the agreement of, the affected devolved administrations”,
such as Wales.
We have heard a great deal about clause 11 tonight. My right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) described it correctly earlier, and even Conservative Members representing Scottish constituencies admitted that it was faulty in its current form. Indeed, it is nothing more than a power grab which is fatally undermining the devolution settlement in all the nations of the United Kingdom.
I thank my hon. Friend for giving way so early in his speech. I do not know whether he has seen the coverage of last week’s rural broadband debate, during which Scottish Tory Members shouted across the Chamber, “Strip the Scottish Government of their powers.” That is their attitude. There is no doubt that there is a power grab at stake.
My hon. Friend has made a good point. It is important for us to be aware that there are forces that would like power to be taken away from Scotland.
Clause 11 was drafted by people with no understanding of devolution law. It is a midden in its current form. There are questions about the mechanisms that will result from it. Surely, if the Prime Minister’s “union of equals” statement is correct, frameworks should be agreed, not imposed. If, as the Minister said earlier, this is a temporary situation, why should it not lie with the Scottish Government to take that power temporarily until the frameworks are agreed? Our amendment 72 ensures that the devolved legislature would give consent to those appropriate areas in clause 11 before it comes into effect.
As we have heard, the fact that there are 111 powers demonstrates the scowth of the issues at stake. As things stand, however, UK Ministers could simply make changes to important policy areas without the formal consent of the Scottish Government or the Welsh Government, or the Scottish Parliament or the Welsh Assembly.
We are told to trust that a deal will be done—that we can expect this to happen—but I think people were expecting something to happen today, yet that deal did not happen. How can we have confidence that things will be done and a deal will be delivered when Arlene Foster can just pick up the phone and say, “No, we don’t like that”?
There are 111 areas covering a massive range of Scottish life: fishing, farming, law, data sharing, aircraft noise, pesticides, fracking, flooding, water quality, food, forestry, organs, blood safety—as my hon. Friend the Member for Edinburgh East (Tommy Sheppard) pointed out earlier—land use, railways, renewables and victims’ rights.
It is clear that those at the top of the profession in legal circles believe clause 11 is drafted without an understanding of devolution law. As Professor Alan Page put it:
“Not only does the Bill propose a massive increase in the power of UK Ministers to legislate in the devolved areas, it also proposes that their exercise should not be subject to any form of Scottish parliamentary oversight or control. What is proposed therefore is a law-making system fundamentally at odds with two of the key principles on which the devolution settlement is based.”
He was not the only one. Professor Rick Rawlings noted:
“The sooner clause 11 of the Withdrawal Bill is cast aside, the better. Constitutionally maladroit, it warps the dialogue about the role and place of the domestic market concept post-Brexit.”
On clause 11, even the Law Society of England and Wales has called for discussions about where the common frameworks will remain and their scrutiny. Professor Alan Page said that
“the real purpose of Clause 11 is not to secure legal continuity but to strip the devolved institutions of any bargaining power that they might have when it comes to the discussion of common frameworks and all the rest.”
We welcome the fact that there will be discussion over devolved areas of responsibility; consultation, however, does not satisfy the needs of devolution, and the UK Government should seek consent from the Scottish Government before exercising delegated powers in devolved areas, and the same goes for Wales and Northern Ireland. People’s jobs, businesses and farms, their environment at sea, in the air, above ground and below ground, virtual lives and literal lives, justice we depend on, and even the blood in our veins: tonight we must vote to uphold the rights of people across the nations and ensure that power is not taken from them.
I begin by echoing the words of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), because clause 11 is an unashamed power grab; it is undermining the devolution settlement, and it drives a coach and horses through devolution across these islands. In the time that I have to speak, I will talk about the impact it will have on farming, particularly in my Argyll and Bute community.
It is generally accepted that Scottish farmers, particularly farmers and crofters working the land on the west coast, face vastly different challenges from farmers in the rest of the UK. Not only do Scottish hill farmers toil with some of the poorest land, but they face additional challenges from climate, geography and topography, and so much so that 85% of Scottish agricultural land is classed “a less favoured area” compared with just 17% of English agricultural land.
Given that Scottish farmers face specific challenges, surely it stands to reason that they need a bespoke solution that recognises the vast differences that exist across these islands. It is understandable that the Scottish Government and the Scottish farming community are demanding confirmation that all powers relating to agriculture post-Brexit will automatically be passed to the relevant legislature—in this case, the Scottish Parliament. I fear that this Government are taking us down a dangerous road. They are deliberately proposing fundamentally to alter the basic principles of devolution.
Drew Hendry
Main Page: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)Department Debates - View all Drew Hendry's debates with the Attorney General
(6 years, 10 months ago)
Commons ChamberIt is a pleasure to follow the hon. Member for Cardiff North (Anna McMorrin). I want to raise two points, and the first of them goes to the issue around devolution and clause 11 and the lack of Government amendments. I do not share the hon. Lady’s somewhat apocalyptic view on this issue, but I certainly acknowledge that it is not desirable, because it is clearly not the Government’s intention for the process of Brexit to result in a diminution of devolved authority either in Scotland or Wales, or for that matter, in so far as Northern Ireland is going to get a viable Administration, in Northern Ireland. My view has always been, on looking at and reading the way the Bill was drafted, that we can do better than what appears in it at present. My understanding is that that is also acknowledged by the Government, although I do slightly regret that the Bill was introduced in its current form, because it seems to me that it was, to an extent, unnecessarily provocative.
However, it is worth bearing it in mind that ultimately the devolution system—I participated in the debates that set it up—had behind it the implication that the adjustments were not just a one-way ratchet, and I want to emphasise that point: the implication was that devolution might at times require adjustments that gave powers back to Westminster, just as they conferred more powers over time to both Cardiff and Edinburgh. That was clear in the course of those debates when Parliament set the original system up, and it has been repeated on a number of occasions since.
Does the right hon. and learned Gentleman agree with his colleague in the Scottish Conservative party Adam Tomkins MSP, the constitution spokesman, who said:
“Brexit must be delivered in a way that respects devolution…Looking at the substance of the 111 powers, many can safely be devolved without further ado; why aviation noise, for example, would need to come under a UK-wide framework I do not know”?
Yes, 110%; I agree entirely with those sentiments, and the remark I made earlier about it not being a one-way street in the way it is supposed to operate does not in any way detract from what Adam Tomkins had to say, and for that reason I continue to look to my right hon. and hon. Friends on the Treasury Bench to sort this out, and I share the regret that what should have been done in this House is clearly going to come back for consideration in this House at ping-pong. That is not very satisfactory, and I gently make the point at this stage, as I am confident that there will be the necessary amendments in the Lords, that when the Bill comes back from the Lords there must be sufficient time for us to consider it in detail, because ping-pong often has remarkably little time for detailed consideration of measures. I hope very much that we can get an assurance that, in view of the important constitutional nature of this legislation, we should get that.
I said earlier that I had been rather disappointed by the Government response to a matter I raised in Committee and that we debated earlier this afternoon, but that having been said, we debated the extraordinarily broad nature of the powers conferred on the Executive in respect of clause 7 and I am pleased at the way the Government have responded to the representations I made and the amendments I tabled. In amendment 14, it is rather nice to see the Government echoing the very words that I drafted when this matter was in Committee. I have no doubt that, as drafted, the Government amendments produce a significant safeguard on the way in which the powers can be used. They do that in two ways: first, by introducing an ejusdem generis clause, which refers to something of the same nature. In referring to the deficiencies listed, they state that if there are any others, they must be of the same nature as those in the list. The second protection that is now being provided is that, if the Government wish to add to the list of deficiencies, they are going to have to do it by an affirmative resolution of this House.
I entirely accept that this does not go as far as what I was seeking to achieve when I tabled my original amendments, which was to tie the Government down rather more. However, the Government certainly made a perfectly reasonable case in the discussions that I had with them. I think that that might exhibit a certain amount of neurosis on their part—neurosis is very common, as I know from my time in government—that they might have missed something that they ought to have put into the list. The fact that they are willing to come to the House and get an affirmative order to do this provides me with considerable reassurance that this power will now be used in the manner in which it was intended.
Having said all those good things, it is worth pointing out that this and many of the other power grabs in the Bill are quite startling in their scope. It is, however, to the Government’s credit that they have been willing to listen on this. Their amendments amount to a considerable improvement, particularly when associated with the other safeguards that we have been offered in respect of triage and scrutiny. I should therefore like to express my gratitude to the Secretary of State and to the Bill team, who have suffered my presence on probably more occasions than they might have wished in discussing how this might be taken forward. This is exactly what I came into this House to do, and it is always rather nice to be able to achieve something—and, furthermore, to achieve it without having to divide the House, as that is always the weapon of last resort for the Government Back Bencher.
With that, I come back to the point at which I started. The test of this legislation will be whether, after enactment, it is seen to be working fairly when it comes into operation. I have no idea when it will come into operation. I suspect that that is still a very long time off, but that is a product of the folly of the course of action on which we are embarked. All that we can do is to try to moderate it as much as possible.