European Union (Withdrawal Agreement) Bill

Debate between Joanna Cherry and Chris Elmore

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Joanna Cherry]

As I said earlier, it is clear from the Conservative manifesto that the Government intend a rebalancing of power between the Executive, Parliament and the judiciary. I think this comes from a sense of hubris about the Prime Minister’s defeat in the Supreme Court at the tail end of last year. Of course, it is important to remember that that was not a political decision, but a legal one. The distinguished Scottish judge Lord Drummond Young said in the Scottish Supreme Court, “It is not for the judiciary to scrutinise the Government. That is the job of Parliament. But when the Government prevents Parliament from doing its job, then it is the job of the judiciary to step in to make sure that Parliament can fulfil its function.” I see that that comment from a distinguished member of the Scottish bench is going down like a lead balloon on the Government Benches, but it simply mirrors what Lady Hale was careful to do in the Supreme Court, which was to underline that these were legal judgments, not political ones.

Our memberships of international institutions such as the European Union and the European convention on human rights, separately, have given important guarantees that regardless of the complexion of government in the United Kingdom, there will be certain minimum standards. Withdrawal from the EU undermines that in a number of areas, particularly workers’ rights, and that is why these amendments are so important.

My second point relates to the charter of fundamental rights, which was of course removed by the European Union (Withdrawal) Act 2018 and is not dealt with in this Bill. However, there remains widespread concern about the effect of the removal of the charter because, as we heard at length in the last Parliament, it guarantees certain rights that are not guaranteed by the convention on human rights or by the domestic legal systems of these islands. My SNP colleagues and I believe that this Parliament should ensure that the Bill does not lead to the diminishing of the rights of UK citizens or EU citizens living in the UK. One way of doing that would be for the Government to commit to conducting and publishing an impact assessment on the effect of the removal of the EU charter of fundamental rights later this year. That is what my new clause 50 seeks to achieve. I would respectfully suggest that, in the interests of certainty, no reasonable parliamentarian in this House who cares about the rights of his or her constituents could oppose an inquiry into the impact of the withdrawal of the charter on their constituents’ rights.

New clause 8, in the name of my right hon. Friend the Member for Ross, Skye and Lochaber and a number of other colleagues, sets out a requirement for the UK Government to negotiate a deal keeping the UK close to the single market and the customs union. I have no intention of pressing it, because I know that that ship has sailed. However, it is intended to remind the House of, and to put on record, the position of the Scottish National party and the Scottish Government in relation to membership of the single market and the customs union.

The Minister said earlier that the UK Government have engaged with the devolved Administrations throughout the negotiations to leave the European Union, but I am afraid that the evidence of the past three years shows that while engagement has taken place, it has been very much a superficial box-ticking exercise. That is not just the view of the SNP; I see others who represent seats in areas covered by other devolved Administrations nodding their heads.

In December 2016, the Scottish Government published a document called “Scotland’s Place in Europe”, which was the first comprehensive proposal from any Government in these islands to address the outcome of the EU referendum. It contained an evidence-based analysis showing that the least damaging option for leaving the European Union—the optimum case being to remain—was to continue membership of the single market and customs union. The document demonstrated how that could be done for the UK as a whole, notwithstanding other parts of the United Kingdom such as Northern Ireland and Scotland. The proposals represented a very considerable compromise by the Scottish Government, but despite cross-party support in the Scottish Parliament, they were almost instantly dismissed by the former Prime Minister. Indeed, they were read more carefully by Michel Barnier than by the British Government.

Thereafter, Scottish Government colleagues engaged fully in good faith with the process set up by the UK Government apparently—I use the word “apparently” advisedly—to involve and consult the devolved Administrations in formulating the UK position for withdrawal. The terms of the Joint Ministerial Committee on EU negotiations, which was set up for that very purpose, were agreed in October 2016, saying that through the Committee the Governments would

“work collaboratively to…seek to agree a UK approach to, and objectives for, Article 50 negotiations; and provide oversight of negotiations with the EU, to ensure, as far as possible, that outcomes agreed by all four governments are secured from these negotiations”.

Sadly, it was soon clear that the UK Government had no intention of honouring those commitments. There is more to engagement than simply turning up and speaking at people. Engagement involves listening, compromising and collaborating.

[Chris Elmore (Ogmore) (Lab)]

The hon. and learned Lady is making an important contribution, as she often does. This is not just about the withdrawal process. We cannot even get discussions about what is happening with the shared prosperity fund. It is 19 or 20 months since the consultation should have ended. I understand from Welsh Assembly Members and Welsh Government colleagues that they cannot even get a discussion with the Treasury, the Department for Business, Energy and Industrial Strategy, the Wales Office or the Scottish Office. If we cannot even get what happens to our funding right, there is little hope of genuine consultation with the devolved Administrations on the process of leaving.

[Joanna Cherry]

That is very much the experience of my Scottish Government colleagues across the board in this engagement with the British Government. In fact, in a recent keynote speech to the Institute for Government, my friend and colleague Mike Russell, the Cabinet Secretary for the constitution in the Scottish Government, said that

“at no point have the views of the Scottish Government, the Welsh Government or Northern Irish representatives been addressed”

in a way that has led them to believe that they have been listened to and would be taken account of in any meaningful way. Still less has there been any recognition of any need to accommodate the pro-EU majority in Scotland and in Northern Ireland, or of the position of Scottish MPs or, indeed, the Scottish Parliament, which normally votes by more than two thirds to one third on substantive Brexit issues. Indeed, just this afternoon as we have been debating here, the Scottish Parliament has voted by 92 votes to 29 to withhold legislative consent to this Bill. I am afraid that the Government cannot just blame the bête noire of the Scottish National party for that. It has involved all parties in the House—the Lib Dems, Labour and the Greens, but not the Scottish Conservatives, who are not interested in what the majority of people living in Scotland want. They are more interested in doing the bidding of their Westminster-based masters.

The point is this: there has been no meaningful engagement with the Scottish Government. There has been no meaningful engagement with the Welsh Government. As we heard even from the DUP, which has a genuine right to be annoyed about recent developments, there has been no meaningful engagement with Northern Irish representatives.

While we hear a lot of rhetoric again and again today about how the British people have spoken, the will of the people and a suggestion that the Opposition are somehow an affront to democracy for turning up and scrutinising this Bill, it is important to remember that, far from being an affront to democracy, my hon. Friends and I speak for majority opinion in Scotland—the majority opinion in Scotland is to remain in the European Union. Every electoral opportunity that has been afforded to Scotland since the EU referendum, including the last general election, has resulted in a resounding majority of seats for parties that support remaining in the European Union. So can we tone down a wee bit the rhetoric about the will of the British people and acknowledge the reality of the degree to which engagement has taken place?

Members need not just take my word for it or that of my colleagues in the SNP Scottish Government. The Public Administration and Constitutional Affairs Committee of the Commons concluded in July 2018:

“It is clear from the evidence to this inquiry that Whitehall still operates extensively on the basis of a structure and culture which take little account of the realities of devolution in the UK. This is inimical to the principles of devolution and good governance in UK.”

That was the conclusion of a cross-party Committee of this House. I do not expect any support from Government Members for the SNP’s new clause 8, but it gives me the opportunity to correct some factual misunderstandings about the degree of engagement that has taken place over the last few years.

Before I conclude, I would like to express my support for new clauses 45 and 46, tabled by my colleagues in the Social Democratic and Labour party. New clause 45 would require each devolved legislature to give legislative consent to any trade deal affecting the NHS. It is very similar to the SNP’s new clause 68, which was not selected for debate. The SNP manifesto in Scotland contained a commitment to protect the NHS from a trade deal with the United States of America. We won the election in Scotland with 45% of the vote and 80% of the seats, and it would perhaps be a courtesy to take on board an amendment that reflects the will of the majority of people who bothered to vote in Scotland.