Sewel Convention

Ian Blackford Excerpts

Monday 18th June 2018 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I beg to move,

That this House has considered the Sewel Convention.

First, if I may, I want to commend all those involved in trying to save the iconic Mac building in the early hours of Saturday morning, and my hon. Friend the Member for Glasgow Central (Alison Thewliss) who attended to make sure that her constituents were safe. I also offer grateful thanks both to the fire service and for the fact that they are all safe from this great tragedy for all of us.

I would like to start by thanking you, Mr Speaker, for granting time for this important debate on the issue of the European Union (Withdrawal) Bill, devolution and the Sewel convention. I should also mention that some members of the Select Committee on Scottish Affairs cannot be here today as they are hearing evidence elsewhere; I know that many of them would have wanted to contribute to the debate if they had been here.

I am grateful to you for granting this debate, Mr Speaker, but it is not a substitute for the absolute failure of the UK Government to allow appropriate time for debate on the withdrawal Bill and the failure of the UK Government to protect devolution. Make no mistake: the events of last week demonstrated utter arrogance and the contempt that the UK Government have for the devolved nations. Scotland’s voices were silenced while the Secretary of State for Scotland stood by and did nothing as the UK Government enacted a grab on the powers of the Scottish Parliament.

It is notable that the Secretary of State for Scotland is apparently not leading for the UK Government in this debate. Can the Minister responding to the debate please tell us why the Secretary of State for the Scotland Office is not leading on it when we are discussing Scotland’s devolved institutions? He is the Secretary of State for Scotland: he should face up to the debate on the power grab; he cannot hide from what has been a failure to protect Scotland and to protect devolution. Where is the leadership? He should have insisted on speaking in this debate, which is, after all, a debate about his ability—or, more importantly, lack of ability—to defend the powers of the Scottish Parliament.

Is the Secretary of State for Scotland yellow? Will he stand up and defend the interests of Scotland? Perhaps the Secretary of State has not got the gall to do so, particularly when we know that he came to this House and said from the Dispatch Box that amendments would be put and that Members of Parliament in this Chamber would have the ability to discuss what was happening—but none of that ever happened. Why did the Secretary of State promise that we would have that engagement with Members of Parliament and yet fail—fail miserably—to make sure that Scotland’s MPs had the ability to debate this important issue?

When the Secretary of State did bother to show up last week, we saw him come to this Chamber seeking to justify the attack on the Scottish Parliament, claiming that these are not normal times. Of course these are not normal times, because this Government are acting against the interests of the people right across the UK, rather than acting in their best interests.

[Simon Hoare (North Dorset) (Con)]

It is a bit rich for the right hon. Gentleman to say that he was gagged when he put the gag on himself by stomping out of the Chamber.

I wonder what the right hon. Gentleman has to say, however, because we are debating an important point. The architect of the convention, Lord Sewel, has said he does not think this can

“fairly be described as a power grab”,

because the legislation establishing the Scottish Parliament says

“quite explicitly that it doesn’t affect the power of the UK parliament to make laws for Scotland.”

It is absolutely clear that sovereignty rests with the Parliament of the United Kingdom—

[Mr Speaker]

Order. May I just gently say that interventions should be brief?

[Ian Blackford]

What the hon. Gentleman has identified is that there is no defence of the rights and powers of the Scottish Parliament. What has been proven by the events of the last week is that the Sewel convention is, sadly, unworkable. We have the ridiculous situation that the Conservative Government—in the teeth of opposition from the Scottish National party, the Labour party, the Liberal Democrats and the Greens, who have said they do not support handing powers over to the Government here in London—have used the majority that they have from England to take powers back from the Scottish Parliament and from the people of Scotland. That is the reality.

The people of these islands have been dragged into the political chaos of Brexit; that is what is not normal. But that is no justification for breaking the convention that states very clearly that the UK Government should not normally legislate on devolved matters without the consent of the Scottish Parliament. What clearly is not normal is the attack on devolution by the Conservative Government; that is what is not normal. The Scottish Parliament that many fought so long and hard to establish is being emasculated by an anti-Scottish Tory Government here in London.

We used to talk of the settled will of the Scottish people, not the will of the UK Parliament to grab powers from the Scottish Parliament against the will of the Scottish Parliament. The events of last week have shaken the very stability of our devolved settlement, and then the Secretary of State informs us that in his opinion Scotland is not a partner in the UK, but is part of the UK, despite the fact that the Prime Minister had claimed that she wanted:

“a future in which Scotland, Wales, Northern Ireland and England continue to flourish side-by-side as equal partners.”—

as equal partners. In one sentence, in the mind of the Secretary of State, we have been downgraded from a nation to a region. That is not the equal partnership that the Prime Minister talked about, but a subordinate relationship that the Secretary of State for Scotland has acquiesced in. He is not so much standing up for Scotland as trampling over our parliamentary settlement.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

As Members know, I am one of five former MSPs in this place. The other four are on the Conservative Benches. I served in Holyrood for 12 years, and I am very proud of that. Does the right hon. Gentleman agree that one way out of this impasse, from which we could learn for the future, would be to put in place some kind of cross-Parliament arbitration system involving Members of this place and MSPs? We have Mr Alex Neil in the Gallery today, joining us from Holyrood. Such a system would be a way of achieving harmony and working together for the good of the people of Scotland, and we should learn from it.

[Ian Blackford]

I thank the hon. Gentleman for that useful contribution. We have the Joint Ministerial Committee, but let us not forget that it did not meet for six months last year because the Westminster Government would not engage with it. He is quite correct to say that there must be respect for the Parliament, and I would argue that there has to be respect for all the political parties that represent our Parliament and our country.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The right hon. Gentleman refers to the Joint Ministerial Committee, but that is a mechanism for communication between Governments. Surely what is required here is something that I identified 15 years ago—namely, a formal mechanism for communication between the Parliaments. If the Governments cannot be relied on to treat this matter seriously, it is down to the Parliaments to fill that gap.

[Ian Blackford]

I want to give credit to the other parties in the Scottish Parliament, where there has been a strong level of engagement. We need to improve on that and enhance it. In principle, I am very happy with what the right hon. Gentleman has just said.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

I congratulate the right hon. Gentleman on his passionate speech. Does he agree that, when the British Government deal with Wales and Scotland in these very sensitive discussions, they would do well to reflect on the wise words of the great French philosopher, Voltaire, who said:

“Injustice in the end produces independence”?

[Ian Blackford]

I am grateful to be reminded of that quote.

I would say to hon. Members on the Government Benches: be careful. This is not about the offence that has been taken by the Scottish National party. Conservative Members need to take on board the fact that they have offended the Scottish Parliament and all the parties in it that I have talked about. All of us on these Benches were back home in Scotland over the weekend, and I can tell the House that Scotland has changed. The strong message that is coming across is that the people who voted for devolution in 1997 can see clearly what is going on. However the Government want to try to define it or spin it, this is an attack on the powers of the Scottish Parliament in the teeth of the opposition of the Scottish Parliament and the Scottish people. The Conservatives will pay a heavy price, as they have done in the past, if they do not listen to the voices of the Scottish people.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

My right hon. Friend will recall that the Conservative party fought tooth and nail against the re-establishment of a Scottish Parliament. What we are seeing on the Conservative Benches are apologists—[Interruption.]

[Patricia Gibson]

The Conservatives opposed the re-establishment of a Scottish Parliament, and we now see the apologists defending the undermining of devolution itself. Does my right hon. Friend agree that they were hostile to the very concept of devolution in the first place?

[Ian Blackford]

My hon. Friend is quite correct. They have form, and it goes back over a century.

[Several hon. Members rose—]

[Ian Blackford]

If I may, I would like to make some progress. I will allow interventions again later.

If the UK Government have a free hand to bend the rules, and to state when a situation is normal and when it is not, in order to undermine the Sewel convention, we can never, ever protect the powers of our Parliament. Westminster can do as it pleases, and we have to take it. Our Parliament in Scotland, which is supposed to be permanent, can see its powers being changed on a whim by Westminster, which defines these times as not normal. Can the Secretary of State for Scotland not see what is wrong with that? He is here to defend Scotland’s interests, yet he is able to put his hands up and state that the times are not normal, at which point powers over fishing, agriculture, the environment and many other areas defined in the Scotland Act 1998 as being devolved are taken back by Westminster.

The UK Government have got this wrong. Last week, Scotland recognised that a power grab was taking place against our Parliament, at a time when Scottish Members of the UK Parliament were not even allowed to debate the matter here. The devolution settlement was being ripped up with no debate. Where is the democracy in Scotland’s Parliament having its powers stripped and Scotland’s MPs not being given the chance to speak?

[Douglas Ross (Moray) (Con)]

The right hon. Gentleman says that Conservative Members opposed devolution in 1997, but will he take this opportunity to confirm that his own party also opposed it at the time, because its only aim was the separation of Scotland from the rest of the United Kingdom? Also, he speaks about a power grab, but can he tell me how many powers the Scottish Parliament currently has, and how many it will have after this Government have enacted the legislation? He knows that it will be considerably more—[Interruption.]

--- Later in debate ---

[Ian Blackford]

No answer? To use a football term, that was miles offside. If the hon. Gentleman looks on Google, he will be able to see what my party did in the 1997 devolution campaign, when we worked collectively with everyone else. I can tell him that I was tramping the streets of Scotland, together with all my colleagues, to ensure that Scotland could get its Parliament—[Interruption.]

[Mr Speaker]

Order.

[Ian Blackford]

The Scottish people voted overwhelmingly for that Parliament, and one of the reasons for that was that we had suffered so badly during the years of the Thatcher and Major Governments, who destroyed communities up and down the land. It is little wonder that the Tories then paid the price and were wiped off the political landscape in Scotland. Today, we see the Scottish Conservatives behaving exactly as they did in the past, and I make this prediction: they will pay the price again, because they have stabbed the Scottish Parliament and the people of Scotland in the back by taking these powers back.

Scotland is watching, and it is not just the supporters of the SNP who are alarmed. Those who cherish our Parliament are outraged by the attacks on Scotland’s Parliament—[Interruption.] I have to say that the behaviour we are seeing here is illuminating. We should be having a respectful debate, as others have called for—[Interruption.] I am generous in allowing interventions from both sides of the House, but this braying and shouting does nobody any favours. Members on the Government Benches really ought to think about their behaviour and about how it comes across to the people of Scotland. The mood in Scotland has changed. There is a widespread recognition that the Conservatives have reverted to type and that they are attacking devolution—nay, attacking the interests of the people of Scotland.

[Stephen Kerr (Stirling) (Con)]

Last week, when we divided on the Lords amendments, we on this side of the House voted for more powers for the Scottish Parliament. The SNP voted against additional powers for the Scottish Parliament.

[Ian Blackford]

Dear, oh dear, oh dear. The hon. Gentleman should listen to and watch the reaction in Scotland, because everybody knows that he and his colleagues last week went through the Lobby to vote to strip powers from the Scottish Parliament without a debate in this place. He really ought to be ashamed of himself.

Since the Tories like to talk about referendums, let me remind the House that 74% of those who voted in our referendum in 1997 voted for a Scottish Parliament—our Parliament—and it belongs to all of us. We should not forget that the Tories opposed devolution from the introduction of the home rule Bill in this Parliament in 1913 right up to 1997 and that the Tories have form in standing up against the Scottish Parliament. The remark from the Secretary of State for Scotland that we are not a partner within the UK is simply confirmation of how he sees Scotland’s place. It is little wonder that he fails to stand up for Scotland as a country and for our Parliament. He sees us as subservient. That is the nub of the problem and that is why the Secretary of State for Scotland needs to go. The Secretary of State is simply unfit for the office that he holds. He cannot fight Scotland’s corner because he will not fight Scotland’s corner.

By ignoring the Scottish Parliament during the passage of the European Union (Withdrawal) Bill, the UK Government have risked the security of the devolution settlement. This is an extremely serious development. Section 28(7) of the Scotland Act 1998 confirms that Westminster retains its unlimited sovereignty. The devolution settlement provides through the Sewel convention that the legislative power will not be used if there is disagreement and the devolved legislatures do not give consent. There has been no agreement. The Scottish Parliament voted by 93 votes to 30 not to consent to the EU withdrawal Bill. Why did the Secretary of State for Scotland not stand up for the Scottish Parliament? Why does he not get up now and tell us that he will stand up for the rights of the Scottish Parliament? Grow some backbone and stand up for Scotland.

The UK Government’s website states:

“The main role of the Scottish Secretary is to promote and protect the devolution settlement.”

My goodness, he has been found wanting on that one. While the Secretary of State has not done very well at defending devolution, he is the one who wants to kick the legs away from the agreed settlement. What a disgrace. He has been a dismal failure on living up to the definition, which the Government have stated, to protect devolution. The Secretary of State has ambushed devolution. At every turn, he has failed to defend the devolution settlement. Where are the amendments to protect our interests that he promised? He should have told the UK Government that there must be protected time to debate the effect of the withdrawal Bill on Scotland’s position, but he failed again. The Secretary of State for Scotland has no credibility. There is no coming back from this. He must resign or the Prime Minister must sack him.

The EU withdrawal Bill is the biggest attack on devolution that we have ever witnessed. The UK Government’s power grab aims to keep Scotland’s powers in London, not in Scotland. As currently drafted, the legislation would keep devolved powers coming back from Brussels here in London—[Interruption.] It is shocking—24 powers in devolved areas, such as fishing, agriculture, the environment and food labelling. That is an absolute scandal.

[Colin Clark (Gordon) (Con)]

Will the right hon. Gentleman comment on the remarks of his party colleague, Jim Sillars, who lays the blame at Nicola Sturgeon’s feet for “displays of foolish hostility”? Is that not exactly what the right hon. Gentleman is doing? Does he not respect the fact that there are two Governments in Scotland and that the Scottish people elected two Governments? He must show that some respect.

[Ian Blackford]

I think some of the hon. Gentlemen on the Government Benches should be auditioning for comedy hour. Let me remind the hon. Gentleman that the Conservatives have lost every single election in Scotland since 1955, but they want to put a veto on the Scottish Parliament and the people of our country. That is the reality.

Powers must be in Scotland’s hands, and it is not just the SNP saying it. Every party except for the Conservatives has stood up to defend Scotland’s Parliament. A recent survey by 38 Degrees showed that—[Interruption.] My goodness, the contempt. 38 Degrees does a valuable job of ensuring that our constituents keep us informed of what is important to them, but we get mocking contempt from the Conservatives. They should keep it going, because people in Scotland are watching their behaviour. A recent survey by 38 Degrees showed that 62% of Scots agree and want to see responsibilities over devolved areas currently held by Europe transferred straight to the Scottish Parliament.

Legal experts such as Professor Rick Rawlings have also criticised the EU withdrawal legislation for riding roughshod over the devolution settlement. He said:

“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.”

John Downie at the Scottish Council for Voluntary Organisations has also advocated for powers to return to Scotland, not London. He said:

“We have consistently pushed to enhance the powers of devolved parliaments—where it makes sense to do so—and believe more devolved powers would better enable Scottish and Welsh Ministers to react to unique regional challenges and shape tailored solutions… We feel the transfer of powers to the devolved administrations would make it easier for the sector to influence their use in a positive way.”

The Scottish Trades Union Congress leader Grahame Smith also warned:

“The UK Government must accept the legitimacy of devolved institutions and realise that proposals which create a situation where the UK could legislate on any area of devolved competence without the agreement of the Scottish Parliament would be an erosion of devolution and would not be acceptable.”

[John Mc Nally (Falkirk) (SNP)]

Does my right hon. Friend agree that the Tory Government’s re-reservation of powers and the rest of their preferred post-Brexit constitutional arrangements effectively strip decisions about fracking from the Scottish Government? If decisions about the future of fracking in Scotland are to be made in Whitehall, does he agree that the Secretary of State for Scotland’s office has been permanently undermined, no matter who occupies it?

[Ian Blackford]

My hon. Friend is absolutely correct and makes a valuable point. We must be careful about the threats to Scotland from fracking. Scotland is an energy-rich country, with a wide range of energy sources, and we lead the world in renewables. However, we have a Government in London who want to bash ahead and risk ruining Scotland’s environment. We cannot stand aside and allow that to happen.

[Paul Masterton (East Renfrewshire) (Con)]

The right hon. Gentleman correctly points to 24 powers, but will he explain which of those creates a constitutional outrage? Assuming that the answer is “some”, why then did his colleagues in the Scottish Government agree back in December that each and every one of those 24 should be subject to a UK-wide framework?

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

You’re supposed to be good!

[Ian Blackford]

“You’re supposed to be good”? You have got to be kidding. May I respectfully suggest that the hon. Member for East Renfrewshire (Paul Masterton) reads the Scotland Act 1998 because—[Interruption.] I can see Conservative Members shaking their heads, but this is the nub of the problem. Devolution and the Scottish Parliament are defined by that legislation, and that legislation defines what is devolved and what is reserved. The simple fact is that each of those 24 areas is devolved, and the powers belong in the Scottish Parliament. The Scottish Government have said repeatedly that they want to reach agreement with the UK Government, but that agreement must be based on mutual respect. We will not unreasonably withhold consent on setting up framework agreements, but it has to be done on the basis of the consent of the Scottish Government and the consent of the Scottish Parliament. I cannot, for the life of me, understand why this is such a difficult concept to grab. I am somewhat surprised and disappointed in the hon. Gentleman.

Last week, Scotland’s voices were silenced and ignored.

[Simon Hoare]

Because you walked out.

[Ian Blackford]

Is that a fact? What happened on Tuesday night, and it is a matter of record—it can be looked up in Hansard—is that the hon. Gentleman went through the Lobby to strip the Scottish Parliament of powers, and not a single Scottish MP was allowed to debate the issue. That is the fundamental point.

The behaviour of the UK Government is disgraceful. The Conservatives really think they can do whatever they want with Scotland and get away with it—it is back to the days of the poll tax under Thatcher. The very fact they railroaded this legislation through with no time for speeches from anyone other than the UK Government Minister shows utter contempt for Scottish democracy.

I regret that the Secretary of State for Scotland is not down to speak tonight, and I will give him another opportunity. Stand up and defend the indefensible. He cannot. He is sitting there and playing with his iPhone. Playing with his iPhone and stabbing the Scottish Parliament in the back—that is the reality. Come on, up you get. Come on, speak up.

[Mr Speaker]

Order. That is a sort of rhetorical device, but it is up to the Secretary of State if he wishes to intervene. One cannot have people intervening against their will.

[The Secretary of State for Scotland (David Mundell)]

The tone of this speech—I suppose it can be called that—by the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) is not worthy of a response. He calls for respect but focuses entirely on the personal in his comments. This may be a performance for his colleagues, it may be a performance for his core voters, but it does not impress Scotland.

[Ian Blackford]

I will tell the right hon. Gentleman what does not impress Scotland: a Secretary of State for Scotland who does not defend our Parliament. He should do the decent thing, the honourable thing, and resign, and he should do it now.



SNP Minister Mike Russell said last week that it had been a “dark day for devolution.” Despite countless representations from the Scottish Government seeking to work with the UK Government to protect our interests, the intransigence of the Tory party has seen our concerns, our mitigations and our solutions blatantly disregarded and disrespected—that is the reality.

Although the UK Government accept that clause 15 of the EU (Withdrawal) Bill requires the legislative consent of the Scottish Parliament, they decided to ignore Scotland’s democratic wishes when consent was not given. Last week we saw the Secretary of State for Scotland come crawling to the Chamber to explain the UK Government’s position after the SNP had exposed the Tory power grab but, rather than reassure the people of Scotland that the UK Government—

[Colin Clark]

Painful.

[Ian Blackford]

Absolutely, it is painful. It is painful that the people of Scotland are seeing their powers taken back from them.

Rather than reassure the people of Scotland that the UK Government are committed to protecting our devolution settlement, the Scottish Secretary’s statement effectively turned Sewel on its head by saying that if there is disagreement, such as no consent on a legislative consent motion, the UK Government can proceed to legislate. That is cause for huge concern, and it is a pity he is clearly not that concerned, or he would have made sure to respond to this important debate.

Under the constitutional rules, this Government should not proceed without the Scottish Parliament’s consent. By constitutional convention and invariable practice since 1999, the Bill should not complete its Westminster stages in its current form without that consent. Despite the murmurings of the current Secretary of State, the Scotland Office stated back in 2005 that the UK Government

“considers that the continuation of the Convention is vital to the success of devolution.”

What has changed? The only thing that has changed is that the Scottish Parliament has not given its consent and the UK Government, showing utter disrespect, have decided to proceed.

[Ian Murray (Edinburgh South) (Lab)]

We all heard the Secretary of State’s statement to the House on Thursday morning. Can the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) give a commitment on behalf of the Scottish Government, and indeed on behalf of his party, that, if the Secretary of State were to convene cross-party talks, his party would take part?

[Ian Blackford]

Yes. I thank the hon. Gentleman for his intervention. One of the things I would say to him, and to the Government, is that I do not believe it is in anybody’s interest not to have an agreement on this. We all have a responsibility to defend the powers and interests of the Scottish Parliament. I implore the Secretary of State to get back round the table. Let us resolve this issue. I do not want us to be in a situation where the Government in London take back responsibility for our powers, and they really must listen to the voices coming from around this Chamber and, indeed, from around Scotland.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

My right hon. Friend is making a powerful speech, with which I am happy to associate myself. I also know from speaking to constituents at the weekend that many of them will associate themselves with these points. The last time I saw such outrage from my constituents was during the opposition to the Iraq war and to the poll tax. Does he agree that Scotland has now reached a tipping point as a result of the actions of this Government?

[Ian Blackford]

My hon. Friend is correct, and that is borne out by my own experiences over the past few days. We have only to look at the increased membership of the Scottish National party. There are people coming to the SNP who have not supported the SNP previously, and who have not supported Scottish independence, but who are simply appalled that there is an attack on the Scottish Parliament and on devolution.

I simply say to the Secretary of State: by all means, carry on down this road, because the people of Scotland will ultimately have to decide where their future lies. What he is doing, as he continues down this road, is helping to strengthen the case for Scottish independence. I suppose we should be grateful for that.

Last week the UK Government had a duty to amend the EU (Withdrawal) Bill to respect the will of the Scottish Parliament, and they failed to do so. Although SNP MPs sought to be constructive with our amendments, we were shut out of the debate while the Tories ploughed ahead without any consideration of our proposed solution. The complete contempt for the people of Scotland shown by the Tory Government is sickening. Not only were our amendments ignored, the entire debate on devolution was allocated less than 20 minutes of discussion, with no Scottish MP allowed to speak up for their constituents. Instead, the UK Government Minister ate up all the time for himself.

The Scottish Tories said that they would come here to stand up for Scotland. Well, what did they do? They trooped through the Lobby to take away Scotland’s powers—Theresa May’s poodles, whipped to vote against Scotland’s interests. Scotland was aghast. The actions of the UK Government have been an affront to democracy.

[Neil Gray (Airdrie and Shotts) (SNP)]

I congratulate my right hon. Friend on securing this debate and on his fantastic speech. In the Scottish Parliament, the Labour party in Scotland, the Liberal Democrats in Scotland, the SNP and the Scottish Greens are on one side and the Tories are on the other. On this issue, it has become Scotland versus the Tories.

[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.’”

--- Later in debate ---

That this House has considered the Sewel Convention.

[Ian Blackford]

On a point of order, Mr Speaker. Thank you for the debate we have had this evening. This is an important juncture in Scotland’s constitutional history. In the debate, I asked whether the Government would bring forward emergency legislation in order to respect the wishes of the Scottish Parliament. Moreover, we have now had a Division in the House in which a majority of Scottish MPs have voted to show their lack of acceptance of what has happened by voting against the motion, and once again, Scotland has been outvoted because Conservative MPs who were not in the debate came into the House and outvoted those sent here to represent the interests of Scotland. May I ask for your advice about what I may do to take forward this matter so that we can ensure the UK Government listen to the legitimate demands, through the Scottish Government, of the people of Scotland?