European Union (Withdrawal) Bill

Ged Killen Excerpts

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Mr Jenkin]

I am endeavouring to raise the tone of this debate, and obviously I am not succeeding with certain Opposition Members.

My final suggestion goes to the heart of what clause 11 is about. I mentioned that, in previous discussions about devolution, there has always been a Silk commission or a Calman commission. There has always been a body that has deliberated, drawn out the more controversial politics and tried to make the discussion more objective. I wonder whether there is a case for the Government convening some kind of standing commission, under the scrutiny of a joint group of parliamentarians, to dispassionately look through the powers returning from the EU that intersect with the devolved Parliaments and Assemblies in order to determine what powers should lie where, both immediately as we leave the European Union and in the longer term.

At the moment, I am afraid my criticism of clause 11, as it stands, is that it does not give any assurance about process or much assurance about consultation, time limits or sun-setting. It just sets out this static proposal.

[Gerard Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

Will the hon. Gentleman give way?

[Mr Jenkin]

I will not give way again. I have said everything I want to say.

My Committee is continuing its inquiry. If any right hon. or hon. Member wants to have their say, they can always submit evidence to our Committee.

--- Later in debate ---

The central tenet of devolution is straightforward and simple. The basic concept is that if something is not listed as reserved, it is presumed to be devolved. That was the founding principle of devolution way before the Scotland Act 1998. It goes back to the days of the Scottish constitutional convention. In fact, it goes even further back to the days before Donald Dewar was even knee high to a parliamentary grasshopper—that is how far back our institutional memory goes when it comes to devolution.

[Gerard Killen]

Does the hon. Gentleman agree that the danger of clause 11 is that it seeks to replace Scotland’s relationship with the EU with Scotland’s relationship with the UK? It is important for the Government to set the tone on how they intend to proceed on an equal basis with the devolved Governments.

[Pete Wishart]

The hon. Gentleman is, of course, absolutely right. I will address some of those issues. He is spot on that there is an imbalance in how everything is repatriated. The repatriation of the powers is the central feature that concerns us.

Devolution is an elegant solution. Devolution in this country is asymmetric, with the different Parliaments and Assemblies having different powers. The United Kingdom is a complex constitutional nation, and we have designed devolution to meet the demands of a complex, multi-nation United Kingdom. We therefore muck around with the basic premises and principles of devolution at our peril, which is why clause 11 presents such a clear danger and threat that it must be amended.

It is also important to say that Scotland did not vote to leave the European Union. Every single local authority area in Scotland voted to remain in the European Union. I now have constituents who are very concerned about the chaotic cluelessness at the heart of the negotiations and discussions about taking this country out of the European Union. The Scottish Parliament has become collateral in all those conversations and discussions. There is real concern about how our Parliament will operate and about the powers it has the right to expect and to progress with.

European Union (Withdrawal) Bill

Ged Killen Excerpts

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

[Stephen Kerr]

I respect the hon. Gentleman’s point of view and question on this matter. Frankly, I believe that we will proceed on the basis of the negotiations, on which I have asked Ministers to update us. Even Ministers in the hon. Gentleman’s own Government in Edinburgh talk about these matters in the most positive terms; it is not necessary to dress the issues up as a crisis and make them into some drama. We need to proceed to a point at which we can get to an agreement, which will then be the basis for an amended clause 11.

[Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

I am just looking for some clarity. The hon. Gentleman mentions how difficult it has been to get agreement with the Scottish Government. If the Government continue to fail to get that agreement, is it the case that no amendments to clause 11 will be tabled in the other place?

[Stephen Kerr]

The hon. Gentleman talks about there not being any prospects of an agreement. There is every prospect of an agreement, and I am quoting the SNP Brexit Minister. There is every possibility and likelihood of an agreement. My view is that it should have been achieved before now, and that we should have had an amendment to the Bill.