Legal Advice: Prorogation

Drew Hendry Excerpts

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

I completely agree. This House’s actions are bringing it into discredit. It is abandoning almost all reasonable precedent. The time has come for a general election, and to resist it is immoral, unparliamentary and undemocratic, but that is the decision that the Opposition have taken. Let us wait and see what the electorate make of it, but I hope they will understand that the Government are trying to fulfil the mandate of those 17.4 million people. We will never cease until we succeed.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

It is reassuring to see that we are indeed carrying on where we left off. As a senior lawyer, does the Attorney General agree that any attempt to describe the considered, unanimous and unambiguous decision of the Supreme Court as a constitutional coup is nothing more than constitutional bull?

[The Attorney General]

I am not sure I could have put that language in a parliamentary way. The Supreme Court’s decision was legitimate, perfectly reasonable and proper. We should be proud of our judiciary and proud of its independence in all jurisdictions—I apply that to the inner house, the outer house, the divisional court. Lawyers will disagree on some of those complex and fundamental principles, and that is what has happened here.

European Union (Withdrawal) Act

Drew Hendry Excerpts

Tuesday 15th January 2019 Commons Chamber

[Ian Blackford]

It is, as my hon. Friend says, disgusting. This is about people who are a part of us: our friends, our neighbours and our relatives. We are now saying to them that they are going to have a different status as a consequence of what we have done. But it is not just about EU citizens who have chosen to come to live and work in this country; it is about our rights as EU citizens as well. If the Government get their way and Brexit takes place on 29 March, whereas today each and every one of us has the right to work in 28 member states, we will be automatically restricted to the right to live and work only in the UK. I was lucky enough to work in the Netherlands. My son worked in the Netherlands. Why should my grandchildren not have the same rights that my generation had? It is abhorrent that we are treating the people of these islands like that.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

My right hon. Friend is making a powerful point about people who have come to live and work and be our friends and neighbours in our communities. Does he agree that it is an absolute disgrace that these people, who are so vital to us, are being told they must make an application to pay to stay in their own homes, even though many of them have been here for decades? It is an absolute outrage.

[Ian Blackford]

I absolutely agree, but of course it fits with the hostile environment that many on the Government Benches have prosecuted over the last few years. We have an expression in Scotland: “We’re all Jock Tamson’s Bairns”. If we look back at Scottish history over the last 100 years, we see that our population has barely grown—we have gone from 4.8 million to 5.5 million people. We face a ticking time bomb: an ageing population. The last thing we need is to be cut off from the supply of labour and people who want to come and contribute to sustainable economic growth in Scotland. How will we afford to invest in our public services if we cannot generate economic growth? That is what leaving Europe will do to us. It will restrain our ability to deliver growth and look after the vulnerable in our society.

This is the defining moment in the Brexit process and in the future of relationships. Members of Parliament must recognise their responsibilities, and for many I know that demands they make difficult decisions. I would say to each and every Member of Parliament that their primary responsibility is not to party but to their constituents. They ought to think about the risks consequent on this deal. It is the height of irresponsibility for the Government to suggest that this is a binary choice. The SNP’s amendment gives the House the opportunity to support extending article 50 and to give the people of the United Kingdom the choice to make that determination themselves on the basis of the facts and in the knowledge of what Brexit will do. It is only right and proper, according to the democratic principle, that we allow the people of the United Kingdom to make that choice.

I appeal to Members across the House. We in the SNP have many friends across this place, including on the Labour Benches. I appeal to the Labour party for goodness’ sake to get off the fence. The young people who voted for Labour in England in 2017 will never forgive the Leader of the Opposition and his colleagues unless they recognise that this is the opportunity to unite the House, vote down the Government’s deal, support a people’s vote and allow the people to have their say. Will you do it? [Interruption.] I can see the shadow International Trade Secretary chuntering. If he wishes to intervene and accept his responsibilities—[Interruption.] Well, he can blow a kiss, but what he is doing is blowing a raspberry at the people of the United Kingdom. That is the reality. If hon. Members are serious about politics and responsibility, it is about time some of them grew up. Grow up and accept responsibility; do not dodge this.

The people of Scotland have a choice. The SNP has been in government in Scotland since 2007. [Interruption.] I can hear Government Members say, “Too long”, but the fact is we have won three elections on the trot to the Scottish Parliament and the last two elections to Westminster. The party sitting in third place in Scotland is the Labour party, and that is because it is out of touch and out of step with the people of Scotland.

European Union (Withdrawal) Bill

Drew Hendry Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Mr Grieve]

It 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.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

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”?

[Mr Grieve]

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.