European Union (Withdrawal) Bill

Hannah Bardell Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

Mr Deputy Speaker:

“the Scottish Parliament, which adjourned on 25 March 1707, is hereby reconvened.”—[Scottish Parliament Official Report, 12 May 1999.]

Those were the words of Winifred Margaret Ewing, elected to the House of Commons 50 years ago this year, and more fondly known as Winnie and, to her EU friends, Madame Ecosse. To this day, Winnie is the only parliamentarian of these islands to have been a Member of the Scottish, British and European Parliaments, and she will be the only person who will hold that accolade.

It is almost 20 years today since Scotland said yes to a Scottish Parliament with devolved powers under a settlement that stated that everything was automatically devolved unless it was explicitly reserved. Despite what was said earlier, those powers were not notional. As the First Minister of Scotland, Nicola Sturgeon, rightly said in her speech this morning, this Bill

“threatens the very principle on which our Parliament is founded”.

In its current form, the Bill is a reversal of devolution.

Although I am a pretty positive person, I am struggling to find light among the Brexit process. After a summer of meetings with businesses and trade bodies in my constituency and across Scotland and the UK, aimed at understanding their hopes and fears about Brexit, I find it hard to see good in any of it. The retail sector in my constituency employs a lot of EU nationals. Let me take the insurance and aviation sectors as an example.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

As my hon. Friend knows, I have an airport and an important aerospace cluster in my constituency. Is she not concerned about the loss of open skies and the European Aviation Safety Agency? We might not be able to pass the engines, but perhaps that does not matter, because we will not be allowed to fly anyway.

[Hannah Bardell]

I share my hon. Friend’s concerns, and I am sure she shares those of the insurance sector, which cites aviation as a relevant example because national airlines based in any EU country require a range of specialist insurance cover. Most of that is a mandatory requirement for operation. The UK insurance market is the only location with the specialist aviation insurance knowledge and financial capacity to provide the full coverage for all the risks faced.

[Stephen Kerr]

Will the hon. Lady give way?

[Hannah Bardell]

I will not at the moment. I am going to make some progress.

To put it simply, planes will not be able to take off, as my hon. Friend the Member for Central Ayrshire (Dr Whitford) identified.

There is concern that the UK Government might use clause 8 to trigger article 127 of the European economic area agreement, immediately ripping away the UK’s access to the free movement of goods, people, services and capital. As the days pass, the fear and concern heighten. Frances O’Grady, the general secretary of the TUC, said this morning—she was adding to the list of Brexit superlatives—that the Conservative Government were headed towards a “kamikaze Brexit”.

In a single act of complete recklessness, the Government are pressing ahead with this deficient Bill without carrying out a proper economic analysis of any economy across the UK. The people in businesses I have spoken to do not want to fall off a cliff before new trade deals can be agreed. They cannot afford to crash out of the EU or to fall back on WTO rules, which the CBI president said would open a “Pandora’s box”.

The gap between any transitional period and the start of any trade deal is also a real threat. Agriculture, fisheries and the environment are just some of the areas devolved to Scotland that will be affected by the Bill. The Fraser of Allander Institute has shown that a hard Brexit could cost Scotland’s economy and its GDP up to £10 billion and 80,000 jobs. That is almost the entire number of people in my constituency. The Scottish Government did try to work for a compromise, presenting their proposals in “Scotland’s Place in Europe”, but they did not even receive a decent response.

[Luke Graham]

Will the hon. Lady give way?

[Hannah Bardell]

Not at the moment; I am going to make some progress.

The former Prime Minister David Cameron did not allow his civil servants or advisers even to write anything down before Brexit, and the Brexit Secretary admitted to the Select Committee that there had been no proper assessment of the economic consequences if there was no deal. What a reckless and incompetent way to run a Government or a country! I know that some of the magnitude of this is hard to comprehend, but to go to the people of this country with no proper impact assessment and no proper detail is absolutely scandalous. The Conservative Government pledged to produce a repeal Bill to

“allow a smooth and orderly transition as the UK leaves the EU”,

but this Bill seeks to undermine the devolved settlements and offers no guarantees to the devolved nations on the protections of their powers.

Michel Barnier told a press conference recently that there had been no “decisive” progress in talks with the UK at the conclusion of the third round of negotiations. While the Government are faffing about, time is not on the side of people, businesses and our industries. Perhaps even more damaging than the tardy approach to the negotiation of a transition is the admission that the Government have turned down countries wishing to strike trade deals after Brexit because they—the Government—do not have the capacity to negotiate them. Furthermore, since the Government’s approach to immigration was leaked, there is now a real risk that the transition period could be under threat.

Those in the legal profession have also raised concerns. Lord Judge, the former Lord Chief Justice, has warned that Parliament faces a legislative tsunami without the time to scrutinise legislation properly.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

My hon. Friend prays in aid Lord Judge, but it is fair to say that he is not the only senior magistrate to have problems with the Bill. Referring to clause 6, Lord Neuberger, the outgoing president of the Supreme Court, has said that if the Government

“doesn’t express clearly what the judges should do about decisions of the ECJ after Brexit, or indeed any other topic after Brexit, then the judges will simply have to do their best. But to blame the judges for…making the law when parliament has failed to do so would be unfair.”

He is right, is he not?

[Hannah Bardell]

Yes, he is.

The Government had to be dragged through the courts even to give Parliament a say on the triggering of article 50. What hope have we that we will be able to scrutinise properly the 19,000 laws and regulations that will be coming back from the EU? Last week the Scottish Government announced an ambitious and inclusive programme for government that put carbon capture back on the table after the failure of the UK Government in that regard, and committed to establishing a Scottish investment bank.

--- Later in debate ---

[Luke Graham]

Will the hon. Lady give way?

[Hannah Bardell]

The UK Government should be delighted, but what have they been doing? They have been doing Brexit—just Brexit, and nothing else—and they cannot make progress with that. That is what doing the day job really looks like, and as we get on with the day job in Scotland, Westminster will be bogged down in nothing but Brexit.

[Luke Graham]

Will the hon. Lady give way?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Mr. Graham, you have already spoken. If the hon. Member for Livingston (Hannah Bardell) wishes to give way, she will indicate that to you, but I certainly do not need you to be hanging on and on your two feet for the rest of her speech.

[Hannah Bardell]

Thank you, Mr Deputy Speaker.

This Bill threatens the very foundations and transparency of our democracy. There are voices of agreement and consensus around the Chamber, and it is incumbent on us to work together when we can find agreement, but the Bill, and the Tory Government’s antagonistic approach, give little space and opportunity for any collaboration. With no clear answers to the issues of EU nationals’ rights, with the charter of fundamental rights and single market membership under threat, and with no detailed economic analysis of the effect of the UK’s leaving the single market, the Bill is a wrecking ball for British democracy and the cross-party working and consensus that created the Scottish Parliament.

The Government cannot hide behind this “what the people voted for” line, because the reality is that no one really knows what they voted for. There was no White Paper, there was no positive proposition, and there was no detail—nothing was written down. Many who voted for Brexit are now full of regret and frustration because they were sold a pup. We will not stand by and support this Bill. We will not give it a Second Reading, because two decades after Scotland voted for a Scottish Parliament, and giants of Scottish politics such as Donald Dewar and Winnie Ewing ushered in a new era of positivity that has benefited everyone in Scotland, the Bill is the biggest power grab since devolution. We in the SNP will not stand by and allow Scottish democracy and our Parliament’s powers to be eroded.