(4 years, 2 months ago)
Commons ChamberAs I have said repeatedly, we are absolutely committed to the Good Friday agreement, and I can give the hon. Gentleman an illustration of that in UK law on the very next clause. I can assure him that amendment 48 is simply unnecessary. The protocol guarantees that there will be no hard border on the island of Ireland under any circumstances. We are fully committed to delivering on that and no power in the Bill makes any change to that. We have already included in law our commitment not to
“create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.”
That is set out in section 10(2)(b) of the European Union (Withdrawal) Act, which I was pleased to take through the House. For those reasons, the hon. Gentleman’s amendments are unnecessary and I urge him not to press them.
On amendments 43 and 47, I can offer hon. Members an assurance that the recognition and protection of rights are fundamental values of the UK. Our human rights framework offers comprehensive, well-established and effective protections within a clear constitutional and legal system. The Bill is compatible with the European convention on human rights, and the Minister who presented the Bill has given a certificate of compatibility, pursuant to section 19(1)(a) of the Human Rights Act 1998, in the usual way. We remain committed to the ECHR, as we have made clear time and again.
Further on amendment 47, the Government do not envisage any circumstances in which the powers set out in clauses 42 and 43 could be used to amend the Northern Ireland Acts of 1998 and 2006. That renders the amendment unnecessary. For this reason, the Government are not willing to accept the amendment. I hope that hon. Members will be reassured by our commitment on this very serious matter and will not press them.
New clause 6 would require the Government to
“use their best endeavours to seek through the Joint Committee…the disapplication of export declarations and other exit procedures”.
I appreciate the thought and sentiment behind the new clause, but I am happy to say that there is no need for it because, as I have already set out, the Government are committed to implementing the withdrawal agreement and the Northern Ireland protocol. We are continuing to work with the EU in the Joint Committee to resolve outstanding issues with the protocol, including export declarations. Although well intentioned, the new clause is unnecessary and I urge hon. Members to reject it.
I will now turn to the other amendments on our safety net clauses pertaining to subsidy control. Now that we have left the EU, we have the opportunity to design our own subsidy control regime in a way that works for the UK economy. My right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy set out the Government’s plans in this regard in a written statement to the House on 9 September. Clauses 43 and 44 seek to mitigate the risks that stem from the European Commission imposing a broad interpretation of article 10. Ministers will still have respect for the rule of law and human rights when making regulations using these provisions, which is why amendment 56 is unnecessary. I remind the Committee that the purpose of the provisions in clause 43 is to strengthen our legal safety net and ensure that it is the Government’s interpretation of article 10 that UK public authorities must follow. That is why we must reject amendment 58.
Amendment 60 would amend clause 44 by limiting the scope of the Secretary of State’s interpretation of article 10 when notifying possible state aid to the European Commission. Given the complex and novel nature of the application of EU state aid law through the Northern Ireland protocol, it is the Secretary of State who is best placed to interpret and then make any possible state aid notification to the European Commission. The amendment would require the Secretary of State to ignore the safety net that the Government have proposed when making such a notification.
I will deal briefly with amendments 31 and 32. I recognise the spirit of the amendments, but I have to say that they are simply not necessary. An assessment of the legal implications of the clauses has already been provided in the Government’s statements of 10 and 17 September. Nor is there any need to make regulations defining “incompatible” or “inconsistent”, because these are self-explanatory terms. There can be no serious doubt what they mean and no further definition is required. The true intention of the amendments may be to seek to provide another point for parliamentary debate. If that is the case, I trust that the hon. Members who have tabled them will support Government amendment 66. On that basis, I urge them not to press the amendments.
I respectfully remind the Minister that the SNP has 48 Members in the House, not just one MP. I am grateful to him for giving way, because he has dealt with amendment 43, which I tabled, but not with amendment 44. Does he understand that insofar as clause 45 seeks to oust the inherent supervisory jurisdiction of the Court of Session, it not only interferes in devolved matters but it is in breach of article 19 of the treaty of Union between Scotland and England? I know that he does not have a Scottish Law Officer to advise him, but can he take that on board and address it now?
I am happy to look into the specific issue that hon. and learned Lady raises, but if she looks at the text in Hansard she will see that I addressed the point that she made about amendment 44. I mentioned a Government amendment that had been introduced on separate issues, but I am certainly happy to take that point away for consideration.
In conclusion, the clauses are a necessary protection to deliver our promises on unfettered access and to deliver what the protocol acknowledges on Northern Ireland’s place in the internal market and customs territory of the United Kingdom, and to respect the principle of parliamentary sovereignty.
(4 years, 10 months ago)
Commons ChamberI will also come back to the issue raised by my hon. Friend.
As is standard in international agreements, the withdrawal agreement sets out procedures for dealing with disputes concerning compliance with the agreement. Amendment 24 would require parliamentary approval for the payment of any fines or penalties under the withdrawal agreement. The withdrawal agreement is a binding agreement that will place the UK under a legal obligation to make those payments. We have to be clear that we will honour our international legal obligations, and we therefore cannot accept any conditionality on payments.
I turn to amendments 38 and 46 in the name of the hon. and learned Member for Edinburgh South West (Joanna Cherry). It is essential that the powers in clauses 18 to 22 can be used to enable all appropriate measures required by the withdrawal agreement to be implemented by the end of 2020. Restricting the power in the manner proposed would limit the Government’s ability to implement the withdrawal agreement in the most sensible way. I remind the hon. and learned Lady that the use of “appropriate” in statute is not at all new. There are myriad examples elsewhere on the statute book of powers that use the term “appropriate” to describe the discretion available to Ministers when legislating. I remember well that we discussed the question of “appropriate” versus “necessary” many times during the passage of the European Union (Withdrawal) Act 2018, and Parliament accepted the use of the word “appropriate”. There is no persuasive reason why we should depart from that approach here.
In the Scottish Parliament’s legal continuity Bill—which of course was struck down by the Supreme Court after the Conservative party retrospectively changed the law in the House of Lords—the power that Scottish Ministers afforded themselves for making delegated legislation used the word “necessary” rather than “appropriate”, so it is not the case that all Governments in these islands afford to themselves the sort of sweeping powers that the Minister is planning on affording himself. There are very legitimate concerns about this issue that are shared not just by politicians but by members of the judiciary. What does he have to say in response to the points raised not just by me, but by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who was the Chair of the Select Committee on Justice in the previous Parliament?
I obviously pay heed to those points when they are raised, but I am told that the term “appropriate” actually better allows us to take better steps to ensure that multiple options can be explored when the legal changes are complex and interact with numerous pieces of existing legislation; so there are other elements to take into account.
(5 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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The right hon. Lady makes a serious point, but first let me congratulate her on having invented yet another name for her grouping in Parliament.
The Prime Minister is already agreed on this matter and we are already taking it up as a matter of Government policy, which is why the letter on ring-fencing has gone to Michel Barnier today.
A significant number of my constituents in Edinburgh South West are EU nationals, and many have been in touch with me to say that such confidence as they had in the British Government’s commitment to their rights post Brexit has been severely dented by what happened, as my hon. Friend the Member for Glenrothes (Peter Grant) mentioned, on 23 May, when many EU citizens throughout the United Kingdom were denied their right to vote. What specific steps is the Minister taking to rebuild the confidence of EU citizens in the UK in the Government’s commitment to their rights, given that many of them were denied the basic right to vote in the EU elections?
The hon. and learned Lady will have heard from Cabinet Office Ministers about the Electoral Commission’s work to review all elections and how they were handled. The commission will report back on the recent European elections and we look forward to seeing that report. On the concrete steps, it is important that we are pressing ahead to secure bilateral agreements on voting rights, and we have written to every single EU member state on that. It is important that the Government, reflecting the views that we have heard from across the House, sent the letter on ring-fencing last night.
(5 years, 8 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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My hon. Friend makes an interesting point, as always. The Government have heard loudly and clearly this House’s concerns about the backstop, and they are what the negotiations are to address. I am confident and hopeful that we will come forward tomorrow with something that will allow even him to support the Government’s deal.
Given the mess that the UK Government are in at this eleventh hour, does the Minister think that his boss—the real Prime Minister—will ultimately be grateful for the ruling secured by myself and other Scottish parliamentarians from the Court of Justice in Luxembourg that article 50 can be unilaterally revoked and that there is a way out of this mess for the United Kingdom?
(5 years, 11 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Yes, and I commend my right hon. and learned Friend for the points that he has raised. I agree with him; I have given that commitment from the Dispatch Box with regard to his amendment, which does mean that the motion would be amendable. As for the House being able to complete its considerations expeditiously, we all have that in mind. The Prime Minister has made clear her determination to seek out those assurances, listening to the concerns that have been raised in the House, and then to come back swiftly to this House so that we can complete those considerations.
This is a Government who have been found in contempt of Parliament and who continue to demonstrate their contempt for parliamentary democracy on a daily basis. Clearly, they prefer to communicate with MPs through the lobby briefings rather than on the Floor of this House, and they are trying to evade their legal responsibilities by failing to have the Attorney General here to answer this question and putting the Minister up. I see that the Solicitor General is on the Front Bench and engaged in anxious conversation. Why was he not put up to answer this question?
It has been made clear in the past 24 hours by many member states of the EU, and by Jean-Claude Juncker and Donald Tusk, that there is no question of any meaningful renegotiation. So may I ask the Minister now for a cast-iron guarantee that the initialled deal will be brought back to this House for a vote before 21 January—and if so, on what date? Can he also guarantee that that motion will be amendable? If he cannot give me that cast-iron guarantee, will he look seriously at the possibility of putting this deal to the people of the four nations of the United Kingdom to see whether they want this deal or whether they would prefer to stay in the EU on our current terms and conditions, as the European Court of Justice made clear is possible yesterday?
The hon. and learned lady should pay attention to what I have already said in my statement, which is that we will be bringing a motion before the House, either on this deal, as I would much prefer, with the assurances that the Prime Minister will by then have won, so that this House can vote on that, or even in the circumstances that that were not on the table. She raises the idea of a people’s vote once again, and we very clearly had a people’s vote. We had that people’s vote across the whole of the UK in 2016, and it is our duty as Members of this House to deliver on that.
(6 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I disagree with the hon. Lady completely. I think the environment has been welcoming. The Prime Minister’s own words were that we value the contribution of EEA citizens to the UK and we want them to stay—she has repeated that time and again.
The hon. Member for Glasgow North East (Mr Sweeney) referred to 150,000 EU citizens who work in Scotland. Just like with those who live in my own constituency, we want them to stay and we want them to enjoy the same pensions, healthcare and social security benefits. We have reached agreement on the legal text to ensure that that will be the case. The Government will continue to work closely with the devolved Administrations to ensure that the future arrangement for co-operation with the EU in this area takes account of the distinct justice systems in Scotland and Northern Ireland, and delivers legal certainly and clarity for everyone in the UK.
I listened closely to the points made by the hon. and learned Member for Edinburgh South West (Joanna Cherry). My Department and the Home Office have engaged with the Scottish Government on security and judicial co-operation, and we routinely share papers with the devolved Administrations prior to publication. Indeed, we discussed civil judicial co-operation with them last week at the second meeting of the ministerial forum, which I will return to in a moment. We recognise that Scotland and Northern Ireland have distinct legal systems, and that the Scottish Government engage directly with EU agencies such as Europol.
A couple of weeks ago, the former Cabinet Secretary for Justice, my colleague Michael Matheson, to whom I pay tribute, and the new Cabinet Secretary for Justice, Humza Yousaf, published a paper entitled “Scotland’s Place in Europe” on justice and home affairs. It clearly states in the foreword that there has not been engagement of the kind I described in my speech. Does the Minister accept that the first paper that I mentioned does not deal with Scotland at all, and that there was no engagement on the slides that were produced in May?
There has been engagement—I have just referred to engagement at the ministerial forum—and I assure the hon. and learned Lady that there will be more. Although some questions about the withdrawal agreement remain to be resolved, our negotiating teams are working hard to ensure that they are finalised. We are confident that we will reach an agreement by October.
The most important issue for us now across the UK is to focus on negotiating the right future relationship. Jointly with the Commission, we published the topics for discussion on the future framework. They incorporate economic and security partnerships, as the Prime Minister outlined, the institutional framework that will underpin them and other cross-cutting issues. The joint publication reflects both sides’ determination to achieve a broad partnership that stands the test of time after the UK leaves the EU.
We have committed to engaging the devolved Administrations on the negotiations, and they have had input into the development of the UK’s negotiating position. I have appeared before three Committees of the devolved legislatures to give evidence on the UK Government’s preparations for EU exit. The Joint Ministerial Committee on EU negotiations has now met 10 times, most recently at the British-Irish Council in Guernsey a couple of weeks ago, which I attended to provide an update on the negotiations.
Following our commitment to increase our engagement with the devolved Administrations, the UK Government established a ministerial forum on EU negotiations to discuss regularly a range of issues relating to the EU negotiations and the UK’s future relationship with the EU.
Does the Minister accept that the most genuine way in which the British Government could show that they are engaging with the Scottish Government and Parliament would be to acknowledge that the Scottish Parliament withheld legislative consent to the European Union (Withdrawal) Bill and, as my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) said, to introduce emergency legislation to deal with that issue? All this talking and engagement means nothing if that single fact is not acknowledged.
I will come back to the hon. and learned Lady’s point about the withdrawal Bill and the debate about legislative consent, but there is constructive engagement between the UK and Scottish Governments. I welcome the input we have had from the Scottish Government, both at a ministerial level and an official level, into the work of the new ministerial forum, which I co-chair with the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith). The conversations we have had so far with the devolved Administrations have been constructive and useful. The inaugural meeting of the forum was held in Edinburgh on 24 May, and the second meeting was on 27 June in London. We use the meetings to have in-depth discussions about the proposed content of the UK Government’s forthcoming White Paper. Sections of the White Paper have been shared with the Scottish Government and the other devolved Administrations confidentially. I want to express my gratitude for the hard work of the Scottish Government officials who have worked with us on the White Paper and on other issues.
Discussions at the Joint Ministerial Committee and the ministerial forum have covered a wide range of areas. It is clear that we and the Scottish Government agree on much, including the need to ensure that Scottish universities and businesses have access to the best of European talent. We have also addressed other issues relating to attracting talent and skills. I note that the issues that have been raised in conversations I have had with growers in Scotland, including the Fife growers, about the importance of seasonal work are similar to the issues that have been raised with me in my own part of England—Worcestershire—by growers in the vale of Evesham.
Crucially, Scotland’s two Governments agree that EU exit should not create any new barriers to living and doing business in our Union. That has been one of our guiding principles and is a key priority for Scottish business. I have heard directly from Scottish business on many visits to Scotland of the issues and opportunities that EU exit creates for them. I have met representatives of a wide variety of Scottish businesses and business associations, including a number of chambers of commerce, the Scottish Retail Consortium, the Scottish Fishermen’s Federation, the Scottish Seafood Association, and of course the world-famous Scotch Whisky Association, which, as a number of my hon. Friends pointed out, is very excited about the international opportunities to be pursued as a result of the UK’s having an independent trade policy.
The Scottish Retail Consortium said:
“Scotland’s businesses benefit enormously from the existing and largely unfettered UK single market”.
Its interests and those of sectors across Scotland are actively informing our negotiating position. As the Prime Minister set out in her Mansion House speech, we want to remain part of bodies such as the European Medicines Agency and the European Chemicals Agency, which are vital for organisations in areas such as the Scottish life sciences sector and the oil and gas sector, representatives of which I met in Aberdeen in April. I have also had detailed discussions with Scottish businesses about the global opportunities for them. In any deal that we negotiate, we must ensure that we have the flexibility to take these opportunities.
The hon. Member for North Ayrshire and Arran spoke about food standards and animal welfare. The Government and I are clear that we want the highest standards of food and animal welfare for the UK, not just to ensure that we can continue to sell into European markets, but so we can make the most of the opportunities in the wider global market and ensure that British and Scottish products reach the widest range of markets and represent quality.
However, it is essential to remember that four times as much of Scotland’s business is with the UK as with the rest of Europe, as a number of hon. Members said. Indeed, the worst thing for Scottish jobs and businesses would be to split from our United Kingdom. As the hon. Member for Strangford (Jim Shannon) said, we are better together. We want to continue working together now to deliver EU exit for the UK in a smooth and certain fashion. That includes designing and implementing replacement frameworks, which the Scottish Government agree we will need, where we have a significant opportunity to work together to improve policy making across the UK.
As hon. Members know, EU exit will result in a significant increase in the devolved Administrations’ decision-making powers. New responsibilities will transfer to Edinburgh, Cardiff and, once a new Executive is formed, Belfast. We have published our provisional frameworks analysis of the 107 returning EU powers that intersect with devolved competence in Scotland across a wide range of policy areas. It shows that there are only 24 policy areas, such as food labelling, that are now subject to more detailed discussion to explore whether legislative common framework arrangements are needed in whole or in part.
At the moment, foods placed on the market across the EU have common labelling requirements that are set by EU legislation. If we do not agree to continue a common legislative approach to labelling, it is possible that different requirements will spring up, which would increase production costs for Scottish businesses and discourage cross-border trading within the UK. Divergent food labelling requirements would make it more difficult to enter into trade deals. That is why we are working together to consider a common food labelling framework.
Our frameworks, which will be designed together, can be lighter touch and UK-specific, offering bespoke policy arrangements that will ensure that power sits closer to the people than ever before. As we set up those arrangements one thing is clear: the success of each framework will rely on the strength of our relationships. It is vital that we work closely together to put arrangements in place that will stand the test of time and provide certainty for people and businesses living and operating up and down the UK.
A number of Members have mentioned the European Union (Withdrawal) Bill—now the European Union (Withdrawal) Act 2018. I remind them that the UK Government made substantial and reasonable modifications to provisions in the Act during its passage. Those changes were the result of joint working that we undertook with the Scottish and Welsh Governments.
As the Welsh Government acknowledged, the legislation respects the devolution settlement. We are, of course, disappointed that the Scottish Parliament did not choose to give consent. We will continue to offer the full provisions of the intergovernmental agreement, which was agreed with the Welsh Government, and to meet all of the UK Government’s commitments on frameworks. Those are open to the Scottish Government and Parliament. We believe that, throughout this process, the UK Government have acted in line with the Sewel convention. We worked with the Scottish Government to reach agreement in the hope that we would be able to achieve consent for the Bill.
I again thank the hon. Member for North Ayrshire and Arran for securing this debate, to which there have been many valuable contributions. We recognise that Scotland has two Governments, and that the interests of the people of Scotland are best served when they work together. We will proceed in that spirit. The hon. Member for Strangford spoke powerfully about the deep links between Northern Ireland and Scotland, and a number of other hon. Members spoke powerfully about the importance of this United Kingdom.
As the hon. Member for Glasgow North East pointed out, we have been members of the European Union together for 45 years, but for more than 400 years Scotland has worked with England on our international relations, and for more than 300 years we have been part of a United Kingdom that has served the people of Scotland and all other parts of the United Kingdom well. The implications of our EU exit mean that we must work more closely together in the years ahead.
Motion lapsed (Standing Order No. 10(6)).
(6 years, 9 months ago)
Commons ChamberIf the hon. Lady will give me one moment, I will give way. I just want to complete my point about the caveats to the analysis.
At this very early stage, the analysis only considers the off-the-shelf arrangements that currently exist, and we have been clear these are not what we are seeking in the negotiations. It does not consider our desired outcome, which is the most ambitious relationship possible with the European Union, as set out by the Prime Minister in her Florence speech—such an agreement is in the interests of both the UK and the EU—and, to be crystal clear, it does not consider a comprehensive free trade agreement scenario as some reports have suggested, but simply an average FTA. We believe that we can do much better, given our unique starting point and shared history. Therefore, the scenarios in this analysis continue to suffer from the flaws that we have seen in previous analyses of this type.
I will give way to the hon. and learned Lady after I have given way to the hon. Member for Bristol West (Thangam Debbonaire).
Yesterday, a number of Members of this House spoke eloquently about the challenges of modelling uncertain outcomes over an extended period. The analysis presented by many organisations prior to the referendum is a clear example of those challenges. To date, we have seen outcomes that are quite different from some of those that were set out.
Not right now.
Of course, there is a specific role for this sort of modelling, but it must be deployed carefully and appropriately alongside a full range of policy work in our EU exit plans. On its own, no model or analysis will be sufficient to provide us with the full picture of the various benefits and costs of different versions of Britain’s future relationship with the EU. Such models cannot predict the future. It is the Government’s job to use these sorts of models appropriately and to develop them as best they can. Despite this—and, in many cases, because of it—the analysis remains extremely sensitive.
I am grateful to the Minister for giving way. Surely the million dollar question is this: if the Government have not yet assessed the model agreement that they want, when are they going to tell the British people what it is that they want, cost it and publish the results?
The Prime Minister has set out a very clear strategy for developing an FTA between the UK and the EU that goes much further than previous models. As I am explaining, the analysis under discussion looks at the existing models and compares some of them, which is not the same as what the hon. and learned Lady sets out.
(6 years, 11 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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The Minister has mentioned the devolved Administrations on a number of occasions. I am advised by Scottish Government colleagues that the documents they have received contain nothing substantial at all about Scotland. On 24 and 25 October, the Secretary of State for Scotland and the Secretary of State for Existing the European Union gave evidence—to the Scottish Affairs Committee and the Exiting the European Union Committee respectively—that assessments of Brexit’s impact on the Scottish economy existed and would be shared with the Scottish Government. Will the Minister confirm that those unedited documents will now be shared without further delay?
I can confirm that the documents that are being shared with the Select Committee are also being shared in the usual way, with permanent secretaries of the devolved Administrations, on the same basis as they have been shared with the Select Committee. The sectoral analyses do, in many cases, contain important analyses of Scottish issues.
(7 years, 6 months ago)
Commons ChamberThousands of my constituents work in Edinburgh’s financial sector, which is the second largest in the UK. Following the EU 27’s announcement this week that they intend to exclude the financial services sector from any future trade deal with the UK after Brexit, will the Minister tell me what contingency planning he is carrying out to protect my constituents’ jobs?
I would say to the hon. and learned Lady, as I said in answer to an earlier question, that we seek a comprehensive trade deal, which absolutely would include financial services. However, as I said previously, we have engaged with the Edinburgh financial services sector, which has been clear with us that access to European Union markets is enormously important, but even more important is its access to the United Kingdom as a whole and Scotland’s relationship with the rest of the United Kingdom.
(7 years, 8 months ago)
Commons ChamberThe right hon. Gentleman is right about the importance of such issues and that the Good Friday agreement was certainly not just a moment in time—we talk about the Belfast agreement and its successors. We recognise the need to work continually on such issues and to work on them jointly with our friends and allies in the Republic and with the Northern Ireland Executive.
If the common travel area can continue to operate between the UK and the Republic of Ireland, which is a member of the EU and has its own rules on immigration, why could it not operate between Scotland and the rest of the UK if Scotland stays in the single market when the rest of the UK leaves?