The Government's Plan for Brexit

Joanna Cherry Excerpts

Wednesday 7th December 2016 Commons Chamber

[Stephen Gethins]

The Minister makes—[Interruption.] My hon. Friend—he is not yet a Minister, but let’s give it time—makes an excellent point. There is chaos, pure and simple. The chaos is the fault not of the judges but of the Government who have carried on the irresponsibility of the Vote Leave campaign by continuing to give us no details.

We are well aware that the Secretary of State does not like the use of the prerogative, but this could all have been avoided. Let us give credit where it is due: I give credit to David Cameron—hon. Members will not hear this often from SNP Members, and, frankly, they will not hear it often from Conservative Members either—who sat down with the then First Minister of Scotland, my right hon. Friend the Member for Gordon (Alex Salmond), and hammered out the Edinburgh agreement to give the Scottish independence referendum a legal footing to remove any uncertainty. I will read a little of agreement, which was agreed by the Westminster Government and the Scottish Government—and full credit goes to everybody, particularly the officials who worked so hard on it. It states:

“The governments are agreed that the referendum should…have a clear legal base”—

just imagine if the Government had done that—

“be legislated for by the Scottish Parliament;…be conducted so as to command the confidence of parliaments, governments and people; and…deliver a fair test and a decisive expression of the views of people…and a result that everyone will respect.”

It went on:

“The two governments are committed to continue to work together constructively in the light of the outcome, whatever it is, in the best interests of the people of Scotland and of the rest of the United Kingdom.”

The question is: why was there so little preparation? Was it negligence, breath-taking complacency, or did they think that everyone would be okay regardless and they did not need to bother?

[Joanna Cherry (Edinburgh South West) (SNP)]

If my hon. Friend has been following the Supreme Court case as closely as I have, he will be aware that it was pointed out by senior counsel for the respondents yesterday that the Government had the opportunity to give legal force to this referendum, as a result of the amendment proposed by my right hon. Friend the Member for Gordon (Alex Salmond), but they specifically said that they did not want to do so. The now Leader of the House, who was then the Minister for Europe, said:

“The legislation is about holding a vote; it makes no provision for what follows. The referendum is advisory”.—[Official Report, 16 June 2015; Vol. 597, c. 231.]

It was said quite clearly by the Government that it was their intention to make no provision for what would follow.

[Stephen Gethins]

My hon. and learned Friend makes a very fine point, as always.

Let me make another comparison. We are here to scrutinise the work of the Government. They put forward manifestos before elections, and we scrutinise those. No one questions the idea that the Government should try to prepare a manifesto. Before elections, officials pore over the manifestos of the parties standing, including even the no-hopers—some poor soul in the civil service has to go through the Labour party manifesto!

Whatever happened, the Government got it wrong and need to change course. That is the responsibility of the Members who campaigned for out. It is not just us asking these questions: Manfred Weber, president of the European People’s party group in the European Parliament, has said:

“I haven’t really heard how the British government want to tackle Brexit or what Brexit really means.”

The Foreign Secretary has some responsibility, and has a job on his hands. I hope everyone on the Government Benches is taking him terribly seriously nowadays, as they have been told to do so. He is determined to make a “titanic success” of this process, but he has been telling everyone a different story. I wonder if that goes beyond the Brexit process. What about when he decides what Christmas card he should give his Foreign Secretary counterparts? Will it be a Christmas tree, or is that perhaps a bit too German? Will it be the flight into Egypt, or is that a bit too soft on refugees? Will he go for Santa on his way from Lapland with his elves, or does that give him freedom of movement problems? Perhaps everyone will just get two and be done with it.

Look at the chaos at the heart of this Government and compare and contrast it with the Scottish Government. Ireland is a hugely important partner and key nation—a partner nation and our sister nation. Charlie Flanagan told his Government’s Brexit Committee that he had no idea how the UK would approach Brexit. The Irish Minister for Jobs described the International Trade Secretary as like a husband

“who wants a divorce, but “

to

“keep all the assets and the family home.”

Compare that with the reception that the First Minister got in Dublin just last week. Compare it with the partnership that we are building. [Interruption.] Members call getting a positive response grandstanding! The Government wish they could get a positive response from a European partner. Even James Reilly, the deputy leader of Fine Gael, said:

“We are very much heartened by the fact that Scotland voted to stay in the EU. We would be very supportive of ensuring that Scotland’s voice is heard during the UK negotiations, as well as the voices of our fellow Celts north of the Border, who also voted to stay within the EU.”

The Government are in chaos, pure and simple. That chaos is affecting our day-to-day lives and will continue to do so. This is too important to let the Government off the hook about it. It is too important not to have full scrutiny, and it is too important to the powers of the devolved Administrations for it to be left purely to this place. That is why we cannot back the Secretary of State’s amendment today.

--- Later in debate ---

[Mr Paterson]

Emphatically yes. If the hon. Lady had listened to my speeches during the referendum campaign, she would know that I said, “And, if appropriate, more.” What we will now be able to do is to embrace technology. The EU is becoming the museum of world farming because it is so extraordinarily hostile to technology—and that also applies to fishing.

The hon. Lady has also mentioned immigration—quite rightly. The most angry people I met when I was at DEFRA were the fruit farmers in Essex, Kent and Hereford who had been deprived by the then Home Secretary, now our Prime Minister, who had stopped the seasonal agricultural workers scheme, which brought in 21,250 highly skilled Romanians and Bulgarians before their countries became full members. I worked hard with my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) and the then Home Secretary to see how we could work our way around this. The hon. Member for Penistone and Stocksbridge (Angela Smith) is absolutely right—we need a supply of skilled labour to work in our horticultural, fruit-picking and vegetable industry, and also in food processing.

At the other end of the scale, I know an eye surgeon whose family—they are Sufi Muslims—came from the United Provinces of India. She gave me, unprovoked—I have clean hands; she started it—the most extraordinary lecture attacking current immigration policy whereby she has to take less qualified, less skilled, less safe and less experienced eye surgeons because they have European passports, and she cannot choose more skilled and safer ones from Bangalore, Hong Kong or San Diego. I would like us to have the choice of the world’s workers—whether fruit packers or eye surgeons—on a permit scheme. I wholly endorse the comments of my right hon. Friends the Member for Loughborough (Nicky Morgan) and for Surrey Heath (Michael Gove) because it would send out a tremendous signal if we stated here and now that there are very large numbers of EU citizens working in our economy who make an enormous contribution. We should give them, up to a certain date, the right of abode, and from then on move to a permit system.

We said that we would take back control of our ability to trade around the world. SNP Members make a huge fuss about the single market and the customs union. We have to leave the single market if we want to come out from under the cosh of the European Court of Justice. The single market does not exist anyway. My noble Friend Lord Bamford recently gave a very good speech in another place saying that there are 10 standards for brake lights on tractors within the current so-called single market. It is a non-problem. People just punch in the information when they go on the production line.

[Joanna Cherry]

I am interested in what the right hon. Gentleman has just said. Can he tell me why the Conservative manifesto, on which his party fought the last election, stated:

“We say: yes to the Single Market”?

[Mr Paterson]

I am speaking for the Vote Leave campaign, which made it very clear that we would not be under the jurisdiction of the ECJ and that we would be able to make trade treaties around the world. Also—this was massively popular during the campaign—if we leave the customs union and get outside fortress Europe, the prices of everyday goods, food and clothing will come down. That will be of massive benefit to our consumers, and it is another example of why this is the establishment against the people.

The same thing is happening in Europe. We saw the results of the referendum in Italy this week, and there will soon be elections in Holland, France and Germany. Opposition Members should wake up to the phenomenon that we have allies in those countries who want what they would call an open Brexit. They want to trade with us, so we should be offering them zero for zero on tariffs.

Ilse Aigner is a senior member of the Christian Social Union in Bavaria with whom I worked extremely closely when she was the federal Agriculture Minister. Only last week, in her role as Economic Affairs Minister for Bavaria, she said to her federal counterpart, “Don’t mess up Brexit. We don’t want recession in Bavaria; we want to continue selling our products.” As well as the 17.4 million people here who voted for Brexit, we have significant interests in Europe on our side.

Quotes have been bandied about—including one that was, I think, a perversion of something that Helmuth von Moltke said—and I close with two. Napoleon, who knew a thing or two about winning battles, said:

“I never had a plan of operations”.

Carl von Clausewitz said:

“Pursue one great decisive aim with force and determination.”

Good luck to the Government; I will vote for the amendment tonight.

--- Later in debate ---

[Joanna Cherry (Edinburgh South West) (SNP)]

It is a pleasure to follow the hon. Member for North East Somerset (Mr Rees-Mogg), particularly as I will say something about legislative consent motions, about which we have tussled previously. I draw his attention to something that may interest him regarding what he said towards the end of his speech. If he would care to look at page 154 of the transcript of the Supreme Court proceedings yesterday afternoon, he will see that the Supreme Court referred to the fact that at the time that the Bill to permit the referendum was going through this House, no less than the Government spokesperson, the then Minister for Europe, now Leader of the House, said:

“The legislation is about holding a vote; it makes no provision for what follows. The referendum is advisory”.—[Official Report, 16 June 2015; Vol. 597, c. 231.]

Now is the time for this House to make provision about what follows on from the vote.

What I really want to speak about, in the brief time I have, is the concern on the Scottish National party Benches that the motion makes no call for the devolved nations to have a formal role, or for their agreement to be sought before triggering article 50. The right hon. Member for Surrey Heath (Michael Gove) made much of his desire to protect the concerns of the 48% across the UK who voted to remain part of the EU. My concern, and the concern of my colleagues, is to protect the interests of the 62% of Scots who voted to remain part of the EU. I am sure some of my hon. Friends sitting on the Benches behind me will be concerned to protect the interests of the 56% of Northern Irish voters who voted to remain in the EU.

Triggering article 50 will lead to the legislative competence of the Scottish Parliament being curtailed and the rights of individuals and businesses being affected. That is why the Lord Advocate has been on his feet this afternoon, across the road in the Supreme Court, arguing that the consent of the Scottish Parliament should be sought. Like the right hon. and learned Member for Rushcliffe (Mr Clarke), I do not want to talk about the legalities; but I want to talk about the political implications of the line the Government have adopted in the Supreme Court.

The Exiting the European Union Committee was told, by a witness at our very first session, that failure to obtain the consent of the Scottish Parliament to the negotiations around article 50 would trigger a constitutional crisis.

[John Redwood]

Does the hon. and learned Lady not understand that when we get the powers back from the European Union more power can go to the Scottish Parliament?

[Joanna Cherry]

The right hon. Gentleman is getting rather ahead of himself, but we on the SNP Benches will make a careful note of that, because the person who officially speaks for Scotland—the one Tory MP in Scotland—seems rather unclear about what powers will be returned to Scotland. But we take on board what the right hon. Gentleman says and we make a careful note of it.

[Stephen Gethins]

My hon. and learned Friend makes a very good point. The Secretary of State said that no law would be changed for which this Parliament has a responsibility. Will the law be changed for which the Scottish Parliament has responsibility? That question has not been answered yet.

[Joanna Cherry]

Indeed that question has not been answered yet. The point of my speech this afternoon is to say that the effect of triggering article 50 is to trigger an inevitable process for leaving the EU, which means that the legislative competence of the Scottish Parliament will be affected—and that triggers the Sewel convention. My concern is that yesterday, when the Advocate General spoke on behalf of the British Government, he basically told the Supreme Court that the Sewel convention has no legal effect whatever—that it is a political convention that can be overridden at the whim of this Parliament.

The Supreme Court will determine the legality of the situation, but the politics of that statement is not what we were told by the Secretary of State for Scotland, and by others in the Conservative party, when the Scotland Bill was going through the House. As Lord Sumption, a Justice of the Supreme Court, asked the Advocate General yesterday afternoon, what was the point of putting the Sewel convention on a legal footing in statute if it has no legal force? The political consequence of the whole thrust of the arguments made on behalf of the UK Government in the Supreme Court is to show utter disrespect to the Sewel convention and utter disrespect to the wishes of voters in Scotland, and indeed in Northern Ireland.

That does not sit well with the respect agenda promised by the previous Prime Minister; with us in Scotland being told during the independence referendum that we were an equal partner in this Union; and with us also being told during that referendum campaign, by Ruth Davidson and others, that the only way to guarantee Scotland’s membership of the EU was to vote to remain part of the UK. Those promises were all made on behalf of the Conservative party. The Conservative party’s legal position in the Supreme Court is to kick sand in the eyes of voters in Scotland and to dishonour those promises. My point is that that has serious political consequences for this Union.

I know that the Secretary of State is a very reasonable man and that he is conscious that not to give Scotland a role in this process, regardless of what the Supreme Court says, would be deeply damaging from a political and constitutional point of view. So my request to him this afternoon is this. Please, Secretary of State, persuade the Prime Minister and her Cabinet colleagues to involve the Scottish Government and the Scottish Parliament formally in this process. Listen to what my colleagues in Edinburgh have to say, because they are the legitimate voice of the Scottish people—they won a third term recently. Involve us in the process. Honour the words of the Secretary of State for Scotland, treat the Sewel convention seriously, and regardless of what the Supreme Court says, from a political point of view seek our consent to this process.