European Union (Notification of Withdrawal) Bill

Debate between Joanna Cherry and Alex Salmond

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Joanna Cherry]

The hon. Gentleman is obviously not aware that the arrangements that apply to the Isle of Man and the Channel Islands are rather different than those that apply to Scotland, because they are not in the European Union. Perhaps he would like to read “Scotland’s Place in Europe”, which would explain that to him. Some differentiated agreements do, in fact, exist within the wider UK and Crown dependencies. Gibraltar is in the European Union, but not in the customs union. I will return to the matter of Gibraltar in due course.

[Alex Salmond]

My hon. and learned Friend will remember this direct quotation from The Daily Telegraph:

“Theresa May has indicated that…she said she will not trigger the formal process for leaving the EU until there is an agreed ‘UK approach’ backed by Scotland.”

Surely Government Members do not intend the Prime Minister to break her word of 15 July last year.

[Joanna Cherry]

I am sure that Government Members would be loth to encourage the Prime Minister to break her word—[Interruption.] Conservative Members are shouting, “No veto.” We are not asking for a veto. This document is a compromise whereby Scotland could remain in the single market while the rest of the UK exits it. Perhaps hon. Gentlemen on the Government Benches who are shaking their heads and mumbling about vetoes would like to get their iPads out and look up the difference between a veto and a compromise; it is rather a radical difference.

--- Later in debate ---

[Joanna Cherry]

I have got some news for the right hon. Gentleman: when the United Kingdom Government go to negotiate with EU’s 27 member states about exiting the EU, they will be looking for a compromise. At the moment, the UK Government are looking for things that the EU member states are not willing to give, but that is not preventing them from going into a negotiation—that is how negotiations work.

I urge the right hon. Gentleman to read this document. If he had read it, he would know—I had to correct him on this earlier—that although Norway is in the single market, it is not in the common fisheries policy. What Scotland is looking for in this compromise document is an arrangement similar to that of Norway. I visited Oslo recently. The Norwegians seem to be doing pretty well on the back of that arrangement—it looks as though they have a prosperous and successful economy.

[Alex Salmond]

If the right hon. Gentleman had made the same pledge as the Prime Minister made, I would expect him, as a right hon. Member, to have kept to it. I saw the evidence this morning, and I heard the Scottish Parliament Minister, Mr Russell, give the example of Liechtenstein and Switzerland. Liechtenstein is in the European economic area; Switzerland is not. They have a frictionless border—let us put it that way—just like the border the Prime Minister promises for Northern Ireland and the Republic of Ireland.

[Joanna Cherry]

Indeed.

Many of the questions that hon. Members in this House raise with the Scottish Government and with the Scottish National party about how these matters might be managed are answered in this document, which is the product of research and consultation that has been going on in the many months since the Brexit vote. While the British Government have been going round in circles trying to decide whether they want to be in the single market or in the customs union, the Scottish Government have been looking at a considered compromise and answer to the dilemma in which we find ourselves whereby the majority of the people of Scotland wish to remain part of the EU but the rest of the UK wishes to exit.

European Affairs

Debate between Joanna Cherry and Alex Salmond

Thursday 25th February 2016 Commons Chamber

[Joanna Cherry]

I am very well aware of Lord Bingham’s opinion of the views expressed in the Jackson case. I am not saying they are binding precedents—they are opinions. My point is that the opinion of Lord Hope of Craighead in Jackson and of Lord President Cooper in the 1953 case are very well founded in Scottish historical tradition.

We heard much in the Chamber last year about Magna Carta, which was signed at Runnymede in 1215. Arbroath is Scotland’s Runnymede, and Scotland’s Magna Carta is the Declaration of Arbroath. It recognised that the people, not Parliament, are sovereign in Scotland. That is the difference between Scottish and English constitutional law, which is of long standing, and I ask the Government to reflect that in their Bill on British sovereignty.

The Declaration of Arbroath was a letter, written by the nobility of Scotland to the Pope in 1320, that asserted the nationhood of Scotland, our right to independence and the right of the Scottish people to choose their King—the people’s sovereignty. Most importantly, the Declaration of Arbroath said that the independence of Scotland was the prerogative of the Scottish people, rather than the King of Scots, and that the nobility—at that time, the nobility were, for these purposes, the people of Scotland—would choose someone else to be king if Robert the Bruce proved unfit in maintaining Scotland’s independence. That last point has been interpreted by many scholars as an early expression of the notion of popular sovereignty—that Government is contractual and that kings can be chosen by the community, rather than by God alone. We find that notion of popular sovereignty in other modern democracies that consider themselves to be governed by the rule of law, rather than parliamentary sovereignty. Of course, law can have many sources.

[Alex Salmond]

Is it not also correct that the community of the realm passage, to which my hon. and learned Friend referred, has been cited in a Senate resolution as an inspiration for the American declaration of popular sovereignty, the declaration of independence?