United Kingdom Internal Market Bill

Ian Blackford Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

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

He’s talking nonsense.

[Alok Sharma]

The right hon. Gentleman says from a sedentary position that I am talking nonsense. He just needs to re-read his Second Reading speech and he will see that it is full of inaccuracies. We have engaged in good faith with the devolved Administrations throughout the passage of the Bill. It was very unfortunate that the Scottish Government decided to walk away from the discussions on the internal market last year and, as I said, we want to continue to work constructively.



Let me turn briefly to the Northern Ireland element of this business Bill, which has attracted a disproportionate amount of interest and commentary. I and every Member on the Government Benches stood on a manifesto commitment to ensure that Northern Ireland businesses and producers enjoy unfettered access to the rest of United Kingdom, and that in the implementation of our Brexit deal we would maintain and strengthen the integrity and smooth operation of our internal market. The Bill delivers on those commitments. We have also been clear that we must protect the gains of the peace process and maintain the Belfast/Good Friday agreement.

--- Later in debate ---

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

I beg to move,

That this House declines to give a Third Reading to the United Kingdom Internal Market Bill because it contains provisions which allow the Government to break commitments it has made under international law, and because it does not have the agreed consent to legislate within the competencies of the devolved legislatures which is contrary to the established devolution settlement.

May I thank the Public Bill Office for the consideration that it has given to the SNP as we have sought to table amendments to the Bill? I also thank my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) for the work that he has done in Committee.

This legislation has been rushed through by the UK Government over the course of the last two weeks, after a rushed consultation and a total failure to engage with the devolved Governments. The United Kingdom shows no respect for the devolved institutions in this Bill, and it does not have their consent. We are told that this legislation seeks to secure the Union, so it is telling that it has failed to gain the consent of even a single part of that Union.

With limited time in this House, parliamentarians have spent hours debating and dissecting this Bill. We have attempted to scrutinise every clause and every schedule to it. Members from all parts of the House have made significant speeches and a raft of Opposition amendments have been brought forward, yet here we are tonight and nothing has changed. This Bill still does exactly what it set out to do two weeks ago. It still breaks international law and it still breaks devolution. For the absence of doubt, let me make it clear: it breaks devolution.

It is the same auld with this Tory Government. They have not listened, they have not taken the chance to change course and they have not seen the need to compromise. This Government have typically and arrogantly ploughed on. Throughout the passage of the Bill, they have voted down and ignored anyone and everyone who has sought to defend devolution and uphold international law. The character of this Government is crystal clear: they are consistent in their contempt.

As always, we accept and respect decisions with regard to the selection of motions and amendments, but if Members refer to today’s Order Paper, they will see that the Government had options available to them that would have perhaps demonstrated they did have some remaining respect for the devolution settlement and the national legislatures of these islands. They could have held over Third Reading until each of the devolved institutions had considered legislative consent motions. That would have been respectful to the devolved institutions. They could have referred the Bill for further scrutiny to the Scottish Affairs Committee, the Welsh Affairs Committee and the Northern Ireland Affairs Committee. Instead, they insist on using their majority to force the Bill through without even pretending they care what the devolved nations think.

[Patrick Grady (Glasgow North) (SNP)]

I thank—[Interruption.] Conservative Members are getting very agitated about some of this, but is this not the point—the real power grab here and the real undermining of the devolution settlement is the callous disregard for the Sewel convention, which this Government put on a statutory footing and are now completely ignoring? That is one of the fundamental acts that has undermined devolution across these islands.

[Ian Blackford]

My hon. Friend is correct. You know, we were told after the referendum in Scotland in 2014 that Scotland’s place would be respected and that we were to lead the United Kingdom, and here we find not just our Parliament in Edinburgh but the Administrations in Cardiff and in Northern Ireland being ignored. We can refuse to give consent, as we are doing, to this Bill, but the Government carry on regardless. Where is that respect for devolution? Where is the respect for the people of Scotland? In a referendum in 1997, 75% of the people of Scotland voted for a Parliament. It is not the SNP’s Parliament. it is not the Scottish Government’s Parliament; it is the Parliament of the people of Scotland—the Parliament of the people of Scotland when the Scotland Act 1998 was passed that gave powers over devolved matters. What those on the Government Benches refuse to see—what the rest of us can see—is that this Parliament is giving itself the power to override the Scottish Parliament in health, in education, in transport and in housing.

[Alok Sharma]

No, it’s not.

[Ian Blackford]

I can hear the Secretary of State shouting, but it is his Bill and I suggest he reads it, because clauses 46 and 47 are very clear: powers over infrastructure, including

“water, electricity, gas, telecommunications, sewerage or other services… railway facilities (including rolling stock), roads or other transport facilities… health, educational, cultural or sports facilities”.

The Secretary of State can sit and tell us that it does not override devolution. Well, the facts are in the Bill. What the Government have done is overridden devolution and, quite frankly, I can tell you, Madam Deputy Speaker, we in Scotland will be having absolutely none of it.

So tonight, just as—[Interruption.] You can chunter and shout all you like, but at the end of the day, the people in Scotland have been watching what has been going on over the past few months, with Scotland being disregarded. The fact is that we won the election in Scotland last December on the right of Scotland to choose its own future. We had no desire to be taken out of the European Union against our will. In England, you can choose to do what you want as far as Brexit is concerned, but we do not—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I am sure the right hon. Gentleman meant that hon. Members can choose, because when he says “you”, he means me, and he knows that I have no such choice.

[Ian Blackford]

I am making it clear, Madam Deputy Speaker, that the people in England can choose what they like in this regard, but that we do not consent to Scotland being taken out of the European Union. We have a mandate from the people of Scotland that says we have the right to determine our future, yet we have the callous disregard of this Government, who have so far refused to grant a section 30 licence so that we can have a choice over our own future. Not only are they frustrating the will of the Scottish people to have that referendum on our future, but we now find that they are seeking to take powers back from our Parliament—[Interruption.] I can hear a Conservative Member saying that we have had our referendum, but the point is that when we had our referendum in 2014, we were promised that we would stay as members of the European Union, that we would be respected within this Union and that we were going to get a powerhouse Parliament that would be the strongest Parliament in the world. The opposite has happened, however, and when the facts change, people in Scotland have the right to change their mind.

What the Government do not seem to recognise is that support for the SNP and for independence is gathering momentum in Scotland—[Interruption.] Conservative Members can chortle, but the reality is that many people who did not support Scottish independence in 2014 have rightly changed their minds. They have the choice of a future with Scotland being a member of the European Union and a law-abiding, independent country that accepts its responsibilities in a global world. They have a choice of creating a fairer society and of coming out of the covid crisis and building our economy. It is that choice and that clear vision that we offer, against what has been done to Scotland by this Conservative Government. I can tell this Government that what they are doing with this Bill is absolutely determining that the people of Scotland will make that choice and, yes, we will become an independent country, because we want no future with the disrespect that we see day in, day out from the Conservative Government to our Parliament in Edinburgh.

[Pete Wishart]

The more Conservative Members chortle, the more the support for Scottish independence will rise, and they know that. I heard the Minister say that this Parliament is Scotland’s Parliament too, but, as my right hon. Friend will know, an opinion poll came out today. Does the Minister want to know what is in that opinion poll? Four times as many Scots now support the Scottish Parliament over this Parliament. Does my right hon. Friend agree that this Government’s aggressive Unionism and undermining of our Parliament has failed, and that all it is doing is raising support for independence?

[Ian Blackford]

My hon. Friend is correct. I am sure that when he goes back to his constituency and speaks to people, he is finding, as I am, that we are being encouraged to get on with it. People have seen enough. They have seen what is happening to Scotland under this Conservative Government and, as I said earlier, we are having none of it.

So tonight, just as there was during Second Reading, there is a fundamental choice for every Member across the House. This is now the last chance to salvage some dignity and respect for democracy in this place. Leaving it to the other place would be a complete dereliction of duty. This is the democratically elected House, and it is our job to oppose this undemocratic piece of law.

[Chris Bryant (Rhondda) (Lab)]

Of course I agree with the right hon. Gentleman about the Bill. It is a nonsense and a rogues’ charter, as I said in a previous debate, but would he also encourage Members of the House of Lords, who have historically played a role in defending the rule of law, to ensure that they do their best to improve this legislation if that is possible?

[Ian Blackford]

I understand why the hon. Gentleman makes that call, but we should not be relying on the Members of the House of Lords; they are unelected. The fact is that this place has not done its job to defend the rule of law, or to protect devolution. I feel for Labour Members who were responsible, under Blair’s Government, for bringing devolution in, because everything that was established under that programme has been undermined. There is a real call to everyone in Scotland, regardless of whether they voted for the SNP in the past, to recognise the maxim that power devolved is power retained.

People in the past have said to me, “Could Westminster shut down the Scottish Parliament?” I have argued in the past that that would be fanciful. Nobody could believe that our Parliament could be attacked in such a way, but what is happening with this Bill is that our Parliament, which has had the support of the people of Scotland—

[Paul Scully]

Is getting more power.

[Ian Blackford]

It is being usurped. It is not getting more power—read the Bill. Read clauses 46 and 47, and read clause 48, which takes away from Scotland the powers that we have over state aid. When I look at the Government Benches, it really is Trumpesque—twisting the truth beyond reality.

[Alison Thewliss (Glasgow Central) (SNP)]

Does my right hon. Friend agree that one of the most harmful aspects of the Bill is set out in the explanatory notes? They state:

“The Bill will be a protected enactment under the Scotland Act 1998 and the Government of Wales Act 2006. It will be an entrenched enactment under the Northern Ireland Act 1998. This means that it cannot be modified by the Devolved Legislatures, and so it will not be open to those legislatures to disapply the provisions of the Bill, or modify their effect.”

We are stuck with it, and this Government can continue to make things worse if they choose to do so. It is taking it out of the Scottish Parliament’s hands.

[Ian Blackford]

My hon. Friend is correct. It is perhaps worth reminding the House, in this context, that we have the joint ministerial committees, which recognise their responsibility to put frameworks in place.

[The Minister of State, Cabinet Office (Chloe Smith)]

And have done.

[Ian Blackford]

I hear the hon. Lady saying that they have done, and she is quite right about that, because the Governments in Edinburgh, Cardiff and Belfast recognised the need to work together, where it was appropriate, in creating the circumstances to ensure that there was continuation of a market across these islands. The commitment that I make, and that my party and my Government make, is that we will work constructively with the Government in London to ensure that that happens, but the rug has been pulled from under that by a UK Government who have introduced this Bill, who legislate for the market that they want to create and who attack the fact that we have provisions in Scotland in areas such as the environment, food standards and building standards, which we can no longer defend.

There will be a race to the bottom in accepting the lowest standards, and there is not a single thing that we can do about it. There is not a single thing that we can do to protect our food standards once this takes place. The Secretary of State is shaking his head, but we already have differences in, for example, pasteurised milk. What will happen post this? We will not have the ability to keep the uniqueness of our regulations. What happens to support for our crofters and farmers, for example?

The responsibility falls tonight on this House to do the right thing. I obviously understand if those on the Government Benches are unwilling to take advice from me and my party, but they would do well to listen to the strength of the arguments emanating from some on their own Benches. During Committee, the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), gave a powerful and insightful analysis of the dangers of this legislation. Her words are worth repeating for those left on the Conservative Benches who are not yet card-carrying members of Cummings and the Prime Minister’s ideological cabal. She concluded her remarks by warning:

“I consider that, in introducing clauses 41 to 45, the Government are acting recklessly and irresponsibly, with no thought to the long-term impact on the United Kingdom’s standing in the world. It will lead to untold damage to the United Kingdom’s reputation and puts its future at risk.”—[Official Report, 21 September 2020; Vol. 680, c. 668.]

Those are stark words from the former Prime Minister on what the Government are doing to trash the reputation of the United Kingdom. The right hon. Member for Maidenhead and I may not agree on much, but few could deny that not only were those words powerful, but they are very likely to be proven prophetic.—[Interruption.] I hear a comment, “Too long. It is not fair on everyone else.” I will tell Labour Front Benchers what is not fair. It is what has been done to Scotland tonight. I have the right, as the leader of the Scottish National party at Westminster, to make sure our voices are heard, and I tell the House that the SNP voices will be heard and will be heard without apology.

Despite the bluff and bluster we have repeatedly heard, none of us are fooled that this is some kind of benign business Bill. We know the real intent of this legislation: after 21 years of devolution, the Tories are stripping powers from our Scottish Parliament. The Tories did not support devolution and now they see the popularity of the Scottish Government and they do not like it. It is little wonder why, because that support for the Scottish Government stands in direct contrast to the unpopularity of Tory Governments from Westminster.

Earlier today, the Scottish social attitudes survey showed that public trust in the Scottish Government to act in Scotland’s best interest was at more than four times the trust shown in the UK Government. The survey, conducted in 2019-20, before lockdown, shows that people were nearly five times more likely to say that the Scottish Government should have more influence on how the country is run than that the UK Government should. Some 61% of people trusted the Scottish Government to work in Scotland’s best interest, which compares with a record low of 15% for the UK Government—and you can bet your boots that after what has happened tonight it will be a lot lower now than the 15% that was recorded.

[Gary Sambrook]

On a point of order, Madam Deputy Speaker. Is it in order for the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) to filibuster so much in order to prevent other people from being able to input into this debate? Surely it is not fair on so many people who want to contribute.

[Madam Deputy Speaker (Dame Eleanor Laing)]

That is a reasonable question for the hon. Gentleman to ask, but if the right hon. Gentleman were to filibuster, it would not be in order and I would not allow him to do it. He is not filibustering; he is making a very powerful argument. I do note the hon. Gentleman’s point that the right hon. Gentleman has spoken for twice as long as the other Front Benchers, and he will appreciate that a great many other people would like to make a contribution to this important debate tonight. However, that is not a matter for me. If the right hon. Gentleman has the floor, he can speak for as long as he wishes, but I know that he is both honourable and a gentleman, and that he will bear in mind that while he has the floor other people do not have the opportunity to speak.

[Ian Blackford]

Thank you, Madam Deputy Speaker. I think we had a demonstration there from the Conservative Benches that Members from Scotland should sit down and shut up, and that we should not be heard in this House. [Interruption.] I say to the hon. Member for Birmingham, Northfield (Gary Sambrook) that there is a very easy fix to that: let’s have the section 30 order, let’s have the referendum on Scottish independence and we can say goodbye to you—thank you and good night.

The Chancellor of the Duchy of Lancaster does not care for the polling numbers I referenced, and he does not care for devolution. After all, he is the architect of this Bill. [Interruption.] “Parliamentary etiquette”—my goodness! Devolution has been butchered and I hear Conservative Members talking about etiquette—what a load of keech. The Chancellor of the Duchy of Lancaster has set out his agenda: Scotland is to be dealt with, the Scottish Parliament is to have its wings clipped, and Westminster is to take back control and wants to give itself spending powers over our devolved matters.

[Pete Wishart]

I am interested in my right hon. Friend’s view on the subject of keech. Does he agree that if Government Members want us to go, there is a very elegant and convenient solution, and it is right in front of them: Scottish independence? Support for it is on the rise, and then we will be quite happily out of this place.

[Ian Blackford]

My hon. Friend is right. Those on the Government Benches know that a referendum is coming; we should just get on with it.

This Bill gives Westminster direct spending control in devolved areas in Scotland—in health, education, housing and transport—and the people of Scotland know from long and bitter experience that the Tories cannot be trusted to spend money in Scotland. The Tories will look after their own interests. They will never support Scotland’s interests, as tonight demonstrates. The passing of this Bill gives the Tories free rein to bypass Scotland’s Parliament and the democratic priorities of the Scottish people.

The democratic principle of the right to choose our own form of governance is at the heart of what is at stake if the Tories force this legislation through tonight. They can try to deny it all they like, but it is the Tories themselves who are breaking the constitutional settlements that have been democratically supported across these islands. This legislation rips apart Scotland’s claim of right, which enshrined the sovereign right of the Scottish people to determine the form of government best suited to their needs. That claim of right was debated on an SNP motion in the last Parliament, which was passed without objection.

It is a long-held principle that sovereignty in Scotland rests with the people of Scotland, not with Westminster. That historic right has its roots in the declaration of Arbroath and formed the basis of the determination in the case of MacCormick v. the Crown by Lord Cooper, when, as Lord President of the Court of Session, he gave his opinion that

“the principle of unlimited sovereignty of Parliament is a distinctively English principle and has no counterpart in Scottish constitutional law”.

The principle of the sovereignty of the people of Scotland is under attack in this Bill.

[Sarah Olney (Richmond Park) (LD)]

Does the right hon. Gentleman agree that there are plenty of reasons to oppose this legislation that do not necessarily involve the case for Scottish independence?

[Ian Blackford]

The fact is that, as a consequence of the attack on the powers of Scotland’s Parliament, people in Scotland are making the determination that they wish our country to become independent as soon as possible.

This Bill undermines the settled will of the people of Scotland, who voted in a referendum on the basis of our Parliament having control over spending in devolved matters. It is that fundamental—it is that serious. This is a defining moment. The UK Government are attempting to block the sovereign right of the Scottish people to decide Scotland’s future.

[Joanna Cherry]

It is great to hear my right hon. Friend remind the House that the principle of the sovereignty of Parliament is a purely English doctrine. Does he agree that, in seeking to interfere with the inherent supervisory jurisdiction of the Court of Session, the Bill also potentially breaches article 19 of the treaty of Union between Scotland and England?

[Ian Blackford]

That may well be right. My hon. and learned Friend has much experience of these matters. I would simply say that if the House passes this Bill tonight, it really does not seem to care about law and treaties.

[Claire Hanna (Belfast South) (SDLP)]

I feel like a Pez dispenser of clarification on the Good Friday agreement. In discussing sovereignty, does the right hon. Gentleman agree that it is not an ornament on the shelf? The Good Friday agreement, being endorsed by the people of Ireland north and south, is in fact sovereign as regards Northern Ireland. Does he further agree that this Bill not only does not protect the Good Friday agreement but offends each of its strands and its principles of democratic process, respect for differences and the rule of law?

[Ian Blackford]

Absolutely—I fundamentally agree with the hon. Lady. We all look on with alarm at what could happen if the Good Friday agreement is disrespected. We give every good wish to our friends on the island of Ireland that the peace is maintained, but there is no question that the Government are playing with fire.

Madam Deputy Speaker, time is short so I must now move on. It is pretty ironic that at the very same moment the Tories are robbing the Scottish people of their sovereign rights, those behind this power grab are using the very same arguments on sovereignty to impose their extreme Brexit agenda. In February, the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, the right hon. Member for Surrey Heath (Michael Gove) lectured us:

“the experience of history tells us that the countries with the maximum amount of control over their own destinies are the best equipped to succeed economically and, indeed, to secure a greater degree of equity for all their citizens.”—[Official Report, 27 February 2020; Vol. 672, c. 478.]

If the Minister holds that to be true, then it ought to be true for Scotland. Yet, through this very Bill, the UK Government are trying to rob those rights and those powers from Scotland’s democratically elected Parliament. The best that can be said for this UK Government is that they at least wear their hypocrisy on their sleeves. When it comes to sovereignty, I have been looking back at what the Chancellor of the Duchy of Lancaster has said over the years. He said on 14 October 2012, when talking about the EU:

“give us back our sovereignty or we will walk out”.

If he thinks this matter is so crucial, why is he leading his Government to attack the Scottish Parliament? Why is he disregarding our sovereignty in Scotland?

Madam Deputy Speaker, we will push our amendment tonight to defend democracy, to defend Scotland’s interests, to defend against this bare-faced attack on our Parliament’s powers. We know that the vast majority of Scotland’s MPs and the Scottish public will be with us. What of the six Scottish Tories, though? Will they stand up for Scotland? Will they stand up for our Parliament? Tonight is their chance to join with us, to reject this power grab, to reject Westminster’s trampling over the devolution settlement, to respect that the Scottish Parliament should determine spending on devolved matters. A failure to join with us will show that the so-called Scottish Tories have reverted to type and reverted to what they have traditionally been: hostile to devolution.

Let me conclude by putting this in context. Over the past number of years, Scotland’s people have watched on as Westminster ignored their views on Brexit, launched power grab after power grab, and undermined our democratic rights. This legislation is the last straw. It leaves us with only one option and only one choice. A growing and consistent majority of our people have now come to the same conclusion. They know that the only way to defend Scotland’s Parliament and powers is through independence.

Madam Deputy Speaker, the words of Charles Stewart Parnell, who used to sit on these Benches just two rows back, still ring true. Tonight, I direct these words to the Chancellor of the Duchy of Lancaster. I will do this with two lines in Gaelic and then give an English translation:

“Chan eil còir aig duine crìochan a chur air adhartas dùthcha. Chan eil còir aig duine innse do dhùthaich, ‘Gheibh sibh cho fada ri seo agus chan fhaigh na b’fhaide.’”

“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.”