Gender Recognition Reform (Scotland) Bill: Section 35 Power

Hannah Bardell Excerpts

Tuesday 17th January 2023 Commons Chamber

[Stephen Flynn]

I will give way in a moment.

In total, the Bill received support from nearly two thirds of Scotland’s democratically elected Parliament in Holyrood. It is an outrage that the United Kingdom Government are seeking to overturn the mandate and the legislation put down by our Scottish Parliament.

[Hannah Bardell (Livingston) (SNP)]

I will give my hon. Friend a chance to look at the first page of the reasons for this appalling decision. My hon. Friend the Member for Central Ayrshire (Dr Whitford) spoke earlier about the World Health Organisation and the other European and Commonwealth nations that already have such legislation, and how Scotland would be brought into line with them. The statement talks about

“removing a number of measures which the UK government regards as important safeguards”,

which are the very measures—[Interruption.] If hon. Members pipe down and listen, they might learn something. Those measures, which include the medicalisation of the process and breaches of human rights, such as a trans person having to present themselves to a panel to justify their existence, are the very things that we sought to remove because they so affected the rights of trans people.

--- Later in debate ---

[Stephen Flynn]

I have obviously not had the opportunity to look at it, but if that is the case it is a complete and utter embarrassment. It shows that, just as the Secretary of State was unprepared today on this matter, so too are his Government on the arguments they are putting forward. I am a little bit embarrassed for them in that regard.

[Hannah Bardell]

My hon. Friend is incredibly generous in giving way. Regarding what the Government are trying to take out of the legislation and that they have concerns with, point 4 is particularly worrying. It states:

“Taken together, these amendments remove any requirement for third party verification or evidence from the process.”

If I am not wrong, when I came out I did not have to seek verification from anybody to be a lesbian. I do not understand why we are treating trans people as if they are applying for some kind of arbitrary, inanimate thing. This is about their identity. It is about their lives and livelihoods, and we should treat them with the dignity and respect they deserve.

[Stephen Flynn]

You will be unsurprised to know, Mr Speaker, that I very much agree in that regard.

Scotland Act 1998: Section 35 Power

Hannah Bardell Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

Absolutely.

[Hannah Bardell (Livingston) (SNP)]

This Tory Government make me sick to my stomach. If this Secretary of State is going to come to this House and trample all over trans rights, Scottish democracy and equality, he should at the very least do his homework. Clearly, he knows as little about this Bill as he does about devolution. Are he and his Government so scared of democracy and equality that he really thinks it is justifiable to use one of the most marginalised groups in our society as political fodder in their anti-trans, anti-equality and anti-democratic endeavours?

[Mr Jack]

I do not recognise any of those remarks. This is about following legal advice—and not taking the decision lightly—on the adverse effects that this Bill has on two UK-wide, or GB-wide, Acts. That is the position we are in. We have written to the Scottish Government to explain our position. We will lay the statement of reasons later. This has nothing to do with trampling over transgender rights. This is entirely to do with following a legal process and taking the legal advice that we sought.

Scottish Independence and the Scottish Economy

Hannah Bardell Excerpts

Wednesday 2nd November 2022 Commons Chamber

[Mr Perkins]

I accept that it was not a legal commitment. I am not suggesting that it was; I am not saying that there is not a legal right for the UK Government to decide that it is time for another referendum. However, we are talking not about the legal right, but about whether there is an electoral argument for another referendum. The question that I have asked three times now, but that no one has been willing to answer, is when the question will be settled. If losing the referendum in 2014 was not enough, let us say that we have another referendum next year: if SNP Members lose that, when will the next be?

[Hannah Bardell (Livingston) (SNP)]

I have some breaking news for the hon. Gentleman: democracy is not a one-time event. As we are talking about timescales, I would be interested to know something. If his party were to win the next general election on a manifesto commitment to have a referendum on taking the UK back into the European Union, would it not be within its rights to hold that referendum?

[Mr Perkins]

That is a great “gotcha”, but my point is that there is a question here: for people in Scotland, when is enough enough? No one has been able to answer that. Let me return to the point that I made a minute ago. If the referendum in 2014 had had a different result, there would not have been a second referendum; that would have been it. The SNP cannot consistently say, “Every time we lose, that is not the end of it, but the one time we win, that is the end of it”, but those are the rules that they want to play to.

--- Later in debate ---

[Deidre Brock (Edinburgh North and Leith) (SNP)]

We spend a lot of time in this place talking about the many faults of Westminster Governments and the constitutional arrangements that we and so many of our constituents object to. Indeed, I will be touching on some of those later, but I want to start by talking about the possibilities, the opportunities, that we can explore in an independent Scotland. It is the possibilities suggested by a fully independent Scotland that I find so exciting. It is not something to be viewed with dread but something to be welcomed as a new start, away from the crumbling ultra-conservative ways of this place. Imagine our small nation not being strapped to the disintegrating dreams of an imperial past, but as a country making its own way in the world, deciding what best suits the needs of its people and being able to act on that, looking outwards to the international community and playing its part in world affairs.

Today, for example, the Scottish Government published their findings from interviews on establishing a feminist approach to foreign policy. This approach to international affairs not only seeks to improve women’s material positions around the world but embraces a reorientation of foreign policy based on cosmopolitan ideals of justice, peace and pragmatic security. With reserved matters returned to us and the powers of a normal, independent country at our disposal, we would be able to fully pursue innovative ideas and build on our reputation as a trusted and valued global citizen. We would no longer be held back by the dead hand of this place clamping down on change, or held back by successive Governments we have not voted for. We would be free from being at the mercy of Westminster Government decisions so often made against our best interests by a Government full of Ministers who just do not get Scotland, its needs or its people. We would be freed from investments made without our say-so on obscenities such as Trident, successive disastrous Ministry of Defence decisions on weapons that waste billions of pounds, and nuclear power with its toxic legacy. We could shift to life-affirming investments in our people, our renewables potential, our health and education systems, our social security, our infrastructure, our research and development, and so much more.

The country I grew up in has flourished since it threw off, for the most part, the influences of mother Britain, although there is still unfinished business, and it has not looked back. If we asked Australians whether they want to creep back to the comfort of the UK’s arms, they would laugh at us, because nothing beats being free to make their own decisions for themselves, to suit their own needs. That is as true for countries as it is for individuals, and it goes for the many countries that have extracted themselves from Westminster’s grip. I do not recall any of them being incapable of deciding what currency to use, to the point that it stopped them wanting independence.

[Hannah Bardell]

My hon. Friend might have answered this question, but is she aware of any nation that has become independent from the UK and then gone back?

[Deidre Brock]

No, and many of the arguments around this are completely fatuous.

The Tories seem to have forgotten the promises made during the last independence referendum to greatly strengthen devolution and Scotland’s powers, but many of us in Scotland have not forgotten. Those promises were as hollow as the promises made to the fishing communities before the EU referendum. We, like them, have been badly let down.

I understand some of the fears we have heard expressed today by hon. Members from other parties about Scotland leaving the Union and regaining its independence. Surely they would welcome the example of a good neighbour to raise all our standards. We could set an example to the world in how we do such things. Should we not all be aiming to move away from the bad example of failed states and their disempowered Parliaments? There must be no more centralising of power in the hands of a very few Government Ministers without parliamentary say-so, and without the say-so of the people of Scotland.

I have spoken before of the bizarre hankering for uniformity across these islands, which is seemingly at odds with traditional Tory thinking. I thought that lot were all for rugged individualism, but I guess this centralising instinct is the kind of thinking we might expect from a team who crushed dissent, removed or sidelined what was left of their talent and somehow still gaslighted the public into thinking the ship of Government sails on serenely.

The United Kingdom Internal Market Act 2020, for example, was pushed through this place with indecent haste and has sunk its claws into devolved responsibilities, despite objections from the devolved Parliaments. The Act made it clear that this Government seek to bring down Scotland’s standards rather than improving England’s standards. That poverty of ambition should haunt England for decades, but it must not be allowed to hold back the rest of us.

Under the myth of removing barriers to trade, the UKIM Act ignored those objections and sought to force Scotland and, of course, Wales into a lockstep Union of diminishing standards and lessening protections, with a Government determined to rip away what they call red tape and the rest of us call sensible precautions. That is not respectful co-decision making. [Interruption.] It is interesting to hear the Minister getting a bit irate about these points.

Despite all the many ministerial assurances otherwise, the UKIM Act was not introduced with the intention of aiming for higher standards. I have been told time and again in this place that legislation that appears completely disadvantageous to Scotland’s interests is not, in fact, disadvantageous and that we should simply trust in Ministers’ good intentions, and I was right not to believe it.

After Brexit removed us from the protections offered by the EU, this Government began chipping away at even the limited powers of devolution. The UKIM Act, among many others, changed our constitutional arrangements without asking the people for their approval in a referendum, although they withheld their approval in the most recent Scottish parliamentary elections when, once again, the Tories lost.

Surely higher standards, not lower standards, should be the goal. An independent Scotland could take back control of that, in consultation with our sister countries upon our return to the EU. We could go back to respecting higher standards, and protecting consumers, the environment, brand reputations, our farming and fishing communities, the business and investment sectors, our exporters and jobs.

Following on from my question in Prime Minister’s questions today, another area that we would be able to look at once independent is the influence of organisations with opaque funding sources that have wormed their way into our politics. We have seen the recent spectacular crash of libertarian, ultra-right-wing ideas espoused by some of those organisations to gullible politicians just a few weeks ago. For a long time, UK politics has been dominated by a variety of so-called think-tanks, which are set up as a front, opaquely funded and which refuse to declare their financial sources. It is suspected that much of their funding could come from individuals and organisations based overseas, but it is very difficult to prove. Some may have been involved in the Cambridge Analytica scandal which may have contributed to the success of the Vote Leave campaign in the EU referendum. These are the kind of shadowy organisations we would have the powers to take action against in an independent Scotland—not to stop their voices, as the principle of free speech is something I would like to think we can all agree on in this place, but to make clear to the public the funding sources and possible vested interests at play, so that the Scottish public are fully informed and not played for fools.

To ensure that, of course, we would need a genuinely independent body to regulate elections. In February, the Electoral Commission took the highly unusual step of writing a public letter to the Tory Government to say that the provisions in the Elections Bill were

“inconsistent with the role that an independent electoral commission plays in a healthy democracy.”

The Elections Bill, we might recall, sailed through this place regardless. That is extremely worrying and it is contrary to international norms, and I think we would do much better.

We could take a much larger role in addressing the climate crisis and in fully exploiting our renewables potential. Clearly the existential threat of the climate emergency lies low on the new Prime Minister’s list of priorities. Even now, in the year the UK hands over the COP presidency, he demotes both the Climate Minister and the COP26 President from the Cabinet. In the meantime, new oil and gas licences are being issued, even as the Government must now come up with a new net zero strategy by March, after the High Court ruled that their previous plan was unlawful. The equivalent of almost 100% of Scotland’s gross electricity consumption is now generated from renewable sources, yet we remain locked in an energy market in which the price of electricity is tied to the price of gas.

Our contribution to the international fight against climate change gives a further glimpse of what might be possible with independence. That is true in terms of not just our action to cut emissions at home, but our proactive role in convening efforts on the world stage. Many of the worst consequences of the climate crisis are being felt in some of the poorest regions of the world, by people least responsible for its causes. So it is very pleasing that young people and women from countries in the global south are being given the opportunity to attend COP27 in Egypt as part of Scottish Government-funded programmes. Scotland was among the first nations to put fairness and justice at the heart of our international climate action. The Scottish Government have trebled the climate justice fund, to £36 million, which includes a financial commitment of £2 million to address loss and damage—we are the first country in the world to do so. That will help to meet the costs that would otherwise be borne by island nations and low-lying developing states. The SNP Scottish Government have also led an international coalition resulting in the Edinburgh declaration, urging increased action to tackle biodiversity loss. It now has 244 signatories from Governments, cities and local authorities representing every continent.

That ambition, innovation and pursuit of justice, which have characterised Scotland’s climate policy and international engagement, show us the potential and hope offered by independence. Hope—that is what this place finds so hard to crush in all of us who have that dream of a better Scotland. All we lack now is the final crucial faith in ourselves and our abilities to get there. I so look forward to shaking the dust of this place off our shoes and embarking on that fresh new path, with that wealth of talented people, resources, rich history and culture behind us, granting us fair winds and grasping the opportunities that await us very soon.

Oral Answers to Questions

Hannah Bardell Excerpts

Wednesday 18th May 2022 Commons Chamber

[The Prime Minister]

Local residents could have no more powerful voice than that of my hon. Friend. The House will have heard him loud and clear. I know that the Department for Levelling Up, Housing and Communities will have heard him loud and clear and will make sure that he gets the relevant meeting.

[Hannah Bardell (Livingston) (SNP)]

Q14. Mr Speaker,“no bullying and no harassment; no leaking…No misuse of taxpayer money and no actual or perceived conflicts of interest. The precious principles of public life enshrined in this document…must be honoured at all times”.Those are the Prime Minister’s own words from the ministerial code. Can the Prime Minister tell me, on a scale of one to 10, how he is doing on keeping to those principles?

[The Prime Minister]

It is 10 out of 10, because we believe in this Government in adhering to the principles of the ministerial code. By the way, and this is an important point, because there are a lot of attacks on MPs and on what goes on in this place, it is always worth stressing that the vast majority of people who work in the House of Commons—Members of Parliament—are doing a very good job and working very hard and are not misbehaving.

Oral Answers to Questions

Hannah Bardell Excerpts

Wednesday 11th November 2020 Commons Chamber

The Secretary of State was asked—

[Hannah Bardell (Livingston) (SNP)]

What recent discussions he has had with Cabinet colleagues on the extension of the coronavirus job retention scheme in Scotland.

[The Secretary of State for Scotland (Mr Alister Jack)]

Today, on the 11th day of the 11th month, I am sure the whole House will join me in remembering those who made the ultimate sacrifice in service to our country.

I have regular discussions with my Cabinet colleagues on all aspects of how we support the entire country, including Scotland, through the covid crisis. The coronavirus job retention scheme has always been a UK-wide scheme, and it has now been extended until the end of March 2021, with employees across the UK receiving 80% of their current salary for hours not worked.

[Hannah Bardell]

May I associate myself and those on the SNP Benches with the comments of the Secretary of State?

At the last Scottish questions, my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) raised a very serious concern about levels of poverty when the job retention scheme ended. The Minister at the Dispatch Box said that November would be the right time to look at a targeted scheme, as if he had some magical powers of poverty prediction. Imagine our surprise, Mr Speaker, when the south of England went into full lockdown and the full force of furlough came back into force. Will the Secretary of State clarify whether the notion of targeted is really targeted at the south of England, with a huge disrespect to Scotland and the rest of the devolved nations?

[Mr Jack]

Absolutely not. The Prime Minister was clear from the get-go, following Cabinet on the Saturday when we discussed the new economic situation in England, that it was a UK-wide scheme. It is 80% for the whole of the United Kingdom. It is a simple scheme and it is for our whole country and he has been absolutely clear about that from the start.

Migration and Scotland

Hannah Bardell Excerpts

Tuesday 11th February 2020 Commons Chamber

[Douglas Ross]

I am extremely sorry to hear that an experienced SNP Member, backed up from a sedentary position by the Chair of the Scottish Affairs Committee, the hon. Member for Perth and North Perthshire (Pete Wishart)—[Interruption.] Will he allow me to continue? The hon. Member for Glenrothes (Peter Grant) does not think that the MAC reports are in any way relevant to Scotland because there is no one Scottish on the committee. The MAC consults widely with Scotland. That report is clearly worthy of quoting, as it has been quoted twice now by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. The MAC’s membership is made up of experts who consult and engage with Scotland before they commission any report. We should thank them for their efforts rather than criticising them for not being Scottish enough. It is a particularly separatist argument that we get from the SNP time and again.

[Hannah Bardell (Livingston) (SNP)]

rose—

[Douglas Ross]

I want to start to bring my remarks to a close.

I was saying that I wanted to mention the role of the Scottish Government—I wonder whether that is why we now suddenly have a number of SNP Members trying to interject. The Scottish Government have considerable powers at their disposal on education, infrastructure, economic incentives and taxation that can deal with many of the concerns that are being raised. If there is concern about falling population in Scotland, I encourage SNP MPs to engage with their colleagues in the Scottish Government and look into how they can make Scotland a more attractive place to live and work.

The Government recognise the value of immigration, provided that it is properly controlled, which is why we are ending free movement and introducing a new points-based system that will ensure that the best and brightest talent from around the world will be able to come to the United Kingdom. That will enable us to exercise control while at the same time reducing overall migrant numbers. Further details of our future system will be set out in the near future.

--- Later in debate ---

[Mr Harper]

That is a very good question because it provides me with the opportunity to say one or two words about the Government’s proposals for their Australian-style points-based system, which allows for some of the flexibilities—the Minister alluded to them—that would deal with some of the concerns that Jessica might have.

Under those plans, which are to be published later this week, there would be skilled migrants who get points for a job offer at the appropriate skill level, which would clearly be appropriate for Jessica; a job offer with an approved sponsor company; and a salary of at least £25,600. The plans make it clear, on the score awarded for salary, that people on £23,000 will still be able to earn points, and those who earn less than £25,600 will score double points for working in a sector where there is a skills shortage. That is a more flexible approach than that taken at the moment. There would also be more points available for younger applicants and for those planning to work outside London, thus dealing with the point made by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East about the attractiveness of the labour market in London. Given that this system has not yet come into force and has not yet been set out in detail, it would be sensible for us to at least give it an opportunity to see whether it deals with some of these complexities, and the experience of Jessica, before throwing it away.

[Hannah Bardell]

On what the Migration Advisory Committee says about the points-based system, is the right hon. Gentleman aware that his own Government have not provided sufficient information for it to advise on whether the current system or a future system will work well? It says in its report:

“We have little idea whether the current system works well because we have not been able to obtain relevant data. We recommend a pause in the proposed increases in the settlement income threshold. We also recommend that there should be a review of the criteria for settlement, though that can only be done if there is better data available”.

Does he agree that his Government seem to be thwarting the efforts of the Migration Advisory Committee, which does not seem to be in favour of the system that he is suggesting?

[Mr Harper]

No, I do not. The Migration Advisory Committee—the clue is in the name—provides advice to the Government. I am very pleased that we live in a country where decisions are taken by Ministers who are accountable to this House. I look forward to my right hon. Friend the Home Secretary setting out the Government’s plans once they have been approved by the Cabinet.

I have never quite understood one point. It was touched on by the hon. Member for Streatham, who speaks for the Opposition. It is the issue about pay and skills shortages. I suppose it is because people on the left broadly do not believe in a market economy, but my view is that, if there are sectors of the economy where employers are having trouble recruiting people, that rather suggests that they should increase the pay in those sectors, or improve the training that they provide for people—the economic value to those constituents. We should not simply acquiesce in allowing businesses to import an unlimited number of people to keep down the wages of the people working in the sector. Sometimes, as a Conservative, that is an uncomfortable message to deliver, because we are the party of business and economic growth: that is certainly the view of business. Sometimes we should say to business, “You should not be able to employ an unlimited number of people from overseas and keep wages down; you should actually increase the salaries you pay to your staff or increase the training opportunities to improve their productivity.” The Government having that level of creative tension with business would be more healthy than simply allowing it to import cheap labour.

Glasgow School of Art

Hannah Bardell Excerpts

Tuesday 19th June 2018 Commons Chamber

[David Mundell]

One thing that was clear when I visited the School of Art on 1 June was the wish to get students back into that building to see it as a functioning building for students, and there were detailed plans about which students and courses would be taught there. I am absolutely sure that if a restoration can go ahead, the School of Art will very much want the building to return to being a living, breathing art-school building. I will certainly do everything that I can to support that.

[Hannah Bardell (Livingston) (SNP)]

I welcome the Secretary of State’s comments and the cross-party nature in which this tragedy is being approached. Does he agree that the craftspeople, artists and performers who often perform at the O2 ABC need to be supported with specific funding, along with local shop owners? In the short term, before the big fundraising efforts take place, what can he do to ensure that they are specifically supported?

[David Mundell]

I am happy to look into the detail of that specific point, because it is relevant. I understand that several events that were due to take place have been rearranged and will go ahead at other venues in Glasgow. I am happy to take forward any specifics that flow from the hon. Lady’s question.

Sewel Convention

Hannah Bardell Excerpts

Monday 18th June 2018 Commons Chamber

[Ian Blackford]

That reminds me of the line said to the woman watching her son on parade: “They’re all out of step, apart from your Johnny.” In this case, Johnny is the Scottish Tories.

When I confronted the Prime Minister on the shambolic handling of the EU (Withdrawal) Bill by her Government, we were given more bluff and bluster. It is not good enough. Over the past few days, my party colleagues and I have been criticised in this place for standing up to the Prime Minister, for making our voices heard and for standing up for the people of Scotland. I put the Prime Minister on notice that SNP MPs will not stand by while her Government seek to rip up the rulebook. This Government have an opportunity to do the right thing. With the clock ticking, we have only days left in which to save Scotland’s devolved settlement. The solution I put to the Prime Minister last week is still on the table, which is that she should act immediately to bring forward emergency legislation to remove clause 15 and schedule 3, in line with the Scottish Parliament vote. That is the only way that this Government can undo the damage they have caused and the only way the Tories can show the people of Scotland that their Scottish Parliament’s rights are recognised and respected. That is the only way we can save devolution in Scotland.

The Scottish Parliament has passed a continuity Bill to protect its powers. Unbelievably, the Scottish Parliament is being taken to the Supreme Court by the UK Government over the matter. They should immediately withdraw this threat over the Scottish Parliament—stop attacking our Parliament and start to show the Scottish Parliament some respect. The days of a UK Tory Government threatening Scotland must end. It is little wonder that the Tories once again are seen as anti-Scottish.

Let me put all of this in an historical context. The campaign to establish the Scottish Parliament has been a long one. The Scottish Home Rule Association was established way back in 1894. There was a Scottish Government Bill that passed its Second Reading in 1913 and would have established a Scottish Parliament with greater powers than the one we have today. Scotland voted in a referendum for a Scottish Parliament in 1979, but the incoming Tory Government refused to deliver the Scottish Parliament that Scotland had voted for. Right through the 1980s and 1990s the demands for a Scottish Parliament grew. These growing calls were ignored by the Conservatives until they were swept out of office. In 1998, the Scotland Act establishing a Scottish Parliament was passed, in the teeth of opposition from the Conservatives. Majority Scottish opinion demanded a Parliament; it was, as was stated, the settled will of the Scottish people. When Winnie Ewing rose to address the opening of the Scottish Parliament in 1999 she said:

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

That Parliament, which we all on these Benches take pride in, had its powers defined in the Scotland Act. Schedule 5 of the Act defines what areas are reserved. The UK Government also accept:

“The act does not specify which matters are devolved to the Scottish Parliament, rather it specifies those matters that are reserved to the UK Parliament. Those matters not reserved by the Scotland Act are devolved to the Scottish Parliament. The Scottish Parliament has primary legislative powers, ie the power to pass acts.”

That is clear cut and it is why we cannot allow the Conservative Government to take back responsibility over 24 matters which, by the Scotland Act, are devolved. It is wrong and we will do everything in our power to stop it.

[Hannah Bardell (Livingston) (SNP)]

I congratulate my right hon. Friend on a stunning speech. Does he agree that, as the suffragettes said, we shall be judged on our deeds not our words, and that this Government will be judged and shown up for the farce that they are? The Secretary of State will be the first Secretary of State for Scotland in history to have seen a reduction in powers to the Scottish Parliament. This Government will be judged and the Scottish people will neither forgive, nor forget.

[Ian Blackford]

I thank my hon. Friend for that intervention, and she is absolutely correct in what she says. There is a wonderful book called “The Scottish Secretaries”, which talks about some of the great and not so great Scottish Secretaries. Let us reflect on people such as Tom Johnston, who did so much to transform Scottish society, and then look at the current Secretary of State, who fails to stand up for Scotland and sees our powers taken back. [Interruption.] Someone may want to stand up to tell me what is personal in that. I am focusing on the fundamentals: his party is working against the interests of the Scottish people and the Scottish Parliament, and is “taking back control”.

It is therefore simple: Westminster, without consent, is changing the devolution settlement and is prepared to undermine the Scotland Act. None of us can stand back and allow this to happen—it is a point of principle. Westminster should not have a veto on the Scottish Parliament. It is pretty rich that last week we heard accusations that Scotland was seeking a veto over Westminster—the Secretary of State has said that repeatedly. Let me be clear: that is not the case. All we are seeking to do is to ensure that the powers in the Scotland Act are defended, not dismantled.

We have our own constitutional history in the case of MacCormick v. the Lord Advocate in 1953. When Lord Cooper gave his decision, he said:

“The principle of unlimited sovereignty of Parliament is a distinctly English principle which has no counterpart in Scottish constitutional law.”

That is to say: in Scotland, the people are sovereign. Westminster must respect the will of the Scottish Parliament, through its Members having been elected by the people of Scotland.

I should remind the UK Government that they have lost every single election in Scotland since 1955, and it is hardly surprising. The Conservatives are isolated in the Scottish Parliament in not standing up to defend our devolved rights. This is not about the SNP; it is about the settled will of the Scottish people and of the Scottish Parliament. History will judge all of us on our actions at this critical and challenging time. Therefore I say to every Scottish MP in this place: do not fall on the wrong side. I say to the Secretary of State: stop hiding out, and instead stand with us, stand up for Scotland’s Parliament and stop the power grab, or go down as the Secretary of State who allowed our Scotland’s Parliament to have its powers reduced. History will remember this defining moment when this Parliament chose to reject devolution—when the Tories chose to end almost 10 years of constitutional convention, only to tell the people of Scotland that their voices will be silenced. But I say again that there is a choice before the UK Government: act now to bring in emergency legislation to recognise the Scottish Parliament and to protect our devolved settlement. Anything less risks constitutional crisis. We are days away, the clock is ticking and the Government must act. I urge them to choose to be on the right side of history, do the right thing by the people of Scotland, and bring forward emergency legislation immediately to delete clause 15 and schedule 3, in order to protect Scottish devolution and our Scottish Parliament.

In closing, I recall the powerful and pertinent words of Charles Stewart Parnell:

“No man has a right to fix the boundary of the march of a nation; no man has a right to say to his country, ‘Thus far shalt thou go and no further.’”

Referendum on Scottish Independence

Hannah Bardell Excerpts

Monday 13th November 2017 Westminster Hall

[Martyn Day]

I refer the hon. Gentleman to the Library briefing as I cannot remember the exact figures, but significantly more signed the petition opposing independence than signed the one in favour. However, what is more important in the debate is democratic mandate, which I will come on to and which changes that dimension considerably.

Without any doubt, the strongest and most repeated argument of constituents opposed to another independence referendum is basically that the matter has been determined and that “NO means NO”, as I quoted earlier. However, circumstances change. People have the democratic right to revisit any decision or policy if they wish at any election.

[Hannah Bardell (Livingston) (SNP)]

My hon. Friend is making a powerful and balanced speech. Does he agree that, in many ways, running a country is like running a business: as circumstances change, people have to look at their options, re-evaluate and re-address, and nothing should be ever be ruled out?

[Martyn Day]

I agree with my hon. Friend and I could not make that point better myself. We had universal suffrage for the first time in this country in 1928, but we did not stop the ball at the 1929 election; we continued to have democratic elections on a regular basis.

--- Later in debate ---

[Martyn Day]

It is also a matter of record that I and many of my colleagues campaigned strongly on the view that the best way of staying in the European Union was to vote yes and leave the United Kingdom, which now shows remarkable premonition.

[Hannah Bardell]

I thank my hon. Friend for being so generous in giving way. On the point by the hon. Member for Banff and Buchan (David Duguid) about Scotland’s place in Europe, does he agree that it was excellent to see a Government actually put together a proposition and a document, unlike the Conservative Government, which did not write a single thing down in the run-up to the Brexit referendum and will not even publish their post-Brexit economic impact assessments?

[Martyn Day]

I thank my hon. Friend for making that very strong point. A substantial White Paper was produced on the 2014 referendum.

Before the last round of interventions, I was talking about EU membership. The point that I want to make is that independence for Scotland does not depend on Brexit, but Brexit clearly shows us what can happen when we do not control our own future. I remember that during the referendum campaign, Cameron, the Prime Minister at the time, told us that a no vote was

“not for the status quo”,

while the right hon. Member for Doncaster North (Edward Miliband) told us:

“A No vote will mean faster, better change.”

Where are we now?

That brings me on to the vow by the three Westminster leaders, who promised us extensive new powers for the Scottish Parliament. Sadly, those promises have been broken and all but forgotten about.

Scotland Bill

Hannah Bardell Excerpts

Monday 9th November 2015 Commons Chamber

[Dr Whiteford]

I agree with my hon. Friend, who makes his point well.

As someone who represents coastal communities that have for many decades been held back by the shortcomings of the way that the Crown Estate has operated in Scotland, I for one cannot wait to see those public assets brought under proper democratic accountability and working for the good of those communities. New clause 28 would reduce complexity by removing the reservation relating to the management of the Crown Estate and provide the Scottish Parliament with full legislative competence in relation to the management of the Crown Estate in Scotland. It would also transfer any functions of the Crown Estate Commissioners in relation to rights to the continental shelf beyond the 200 nautical mile-limit adjacent to Scotland. Up to now, Parliament has not made a good job of scrutinising the activities of the Crown Estate. We have an opportunity today to put that right by opening the Crown Estate to better public accountability and putting its assets at the service of our communities.

There are a number of amendment on a miscellaneous range of subjects, all of which would strengthen the Bill, and I want to touch on those before concluding. New clause 29 would give the Scottish Parliament control over the regulation of party political broadcasts for local elections and Scottish elections as well as any referendums held in Scotland in devolved competences, as per the Smith commission recommendation at paragraph 23. That seems to have been missed out of the legislation to date.

New clause 30 devolves broadcasting by amending schedule 5 to the Scotland Act 1998. This would not impact directly on the delivery of the Smith commission proposals on the BBC and Ofcom, both of which are being delivered through memorandums of understanding. Rather, if passed, it would provide for a wider role for the Scottish Parliament and the Scottish Government in broadcasting policy in future.

Amendments 182 and 183 relate to gaming machines and licensed betting premises, and replace the reference to “betting premises” with the more general reference to “gambling premises”, giving full effect to the Smith commission recommendation in paragraph 74.

New clause 31 would give the Scottish Parliament general legislative competence over agriculture, aquaculture and fisheries levies. For me, this reform cannot come soon enough. It would bring to an end the absurd and unacceptable situation whereby Scottish fishermen are paying levies that are used to promote their Norwegian competitors’ fish instead of being used to promote Scottish seafood and to develop new products and markets. For instance, the UK Sea Fish Industry Authority currently organises the UK fish and chip shop awards, which is used by the Norwegian Seafood Council to promote frozen Norwegian fish into the UK market. The finalists of the 2016 awards are even being taken to Norway to learn about the supply of fish from Norway to the UK.

I have no problem at all with fair competition, but I have a massive problem with fishermen in my constituency being forced to pay levies that are then used by a publicly funded body to undermine their own businesses. It needs to end. That is just one reason why the Scottish Seafood Association and others support the devolution of these levies, which could be much better used to promote our locally sourced top-quality produce.

New clause 32 would give Scottish Ministers full powers and the flexibility to decide who would run rail services, in line with paragraph 65 of the Smith commission recommendations, and would allow public sector operators to bid for rail franchises.

Amendments 184 to 188 all relate to fuel poverty support schemes in clause 50, and would provide scope to reshape fuel poverty programmes in Scotland, while amendment 189 removes restrictions on the consultation process with the Scottish Government and Scottish Parliament in relation to the renewables incentive scheme. Again, this would bring the Bill into line with the Smith commission recommendation for a formal consultative role and enable the development of the intergovernmental concordat that we believe is necessary.

Lastly, new clause 33 would enact a formal consultative role for the Scottish Government and the Scottish Parliament in setting the strategic priorities of the Civil Aviation Authority, which I know is a very important issue for my hon. Friend the Member for Livingston (Hannah Bardell).

[Hannah Bardell (Livingston) (SNP)]

Does my hon. Friend agree that the time for debating and voting today is woefully inadequate, given the magnitude and importance of the issues and the number of amendments —more than 100 from the Government? Does she agree that new clause 33, enabling the Scottish Parliament and Government to have power over the Civil Aviation Authority, is very important, particularly to my constituents in Uphall, Broxburn and many other areas of Livingston who have been affected by the first new flight path in 40 years in Scotland—yet the Scottish Government and Parliament have no power over how the CAA operates in that regard?

[Dr Whiteford]

My hon. Friend makes an important point, and that new clause would make a huge difference to her constituents. She highlights the current lack of democratic accountability in respect of some of these decisions.

We have heard a lot of grandiose language about the Scotland Bill today—that it represents an historic departure and creates a powerhouse Parliament. I welcome the changes that the Government are belatedly introducing, but all the flowery rhetoric in the world will not hide the fact that the Scotland Bill still falls some way short of the Smith commission proposals. More than that, it falls a long way short of the promises made to the people of Scotland.

The SNP amendments would significantly strengthen the Bill and bring it closer to the expectations and aspirations of the people who voted in unprecedented numbers for real powers and meaningful change. As things stand, it will be those on low and average incomes, especially families with children, who will pay the price of these missed opportunities as they continue to suffer under Tory austerity. Big claims have been made for the very modest proposals in this Scotland Bill. Hon. Members could beef it up immeasurably by backing the amendments that I have tabled. I ask them to stand with us tonight in the interests of the Scottish people.