European Union (Withdrawal) Bill

Lucy Frazer Excerpts

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Jenny Chapman]

We will have to wait until later this evening to see which Lobby they choose to walk through. I, like my hon. Friend, was encouraged by some of the comments from Ruth Davidson and her hopes for the new group of Conservative Tory MPs, but we shall see if they live up to the billing she has given them.

Whether they want to or not, the Government must adapt to the very different constitutional circumstances that now exist. They are very different from those that existed before 1973. Clause 11, which is intolerable to the devolved Administrations, sets it as the default that powers currently exercised in Edinburgh, Cardiff and Belfast within EU frameworks will be ripped away and held in London. First Ministers are calling this a Whitehall power grab.

[Lucy Frazer (South East Cambridgeshire) (Con)]

The hon. Lady is making a passionate speech, but does she accept that powers are not being ripped away, given that they are not there for the devolved Administrations at the moment? [Interruption.] Whether hon. Members think it right or not, as a matter of law those powers are vested in the EU, so if they come back to the devolved Administrations, they will be additional powers. Powers are not being taken away.

[Jenny Chapman]

I think that the hon. and learned Lady has not—if I may be polite—quite grasped what we are talking about. We are talking about a framework, within which the devolved Administrations currently make decisions, that is held now at the EU level. Our desire is for a UK framework that enables those decisions to continue to be made by the devolved Administrations. It is very different from saying, as I anticipate some Government Back Benchers will claim, “Well, the powers are currently held in Brussels, so why is everybody so worried about it?” Actually, the decision making is held in Belfast, Edinburgh and Cardiff.

--- Later in debate ---

[Ian Blackford]

I do not appreciate the hon. Gentleman’s tone. We cannot get away from the simple fact that this legislation is trampling over the powers of the Scottish Parliament.

[Lucy Frazer]

The right hon. Gentleman keeps saying that we are trampling on powers that Scotland has, and I just want to correct him. Regardless of what he thinks of the principle, the position—as a matter of law—is that these powers are now vested in the EU. The Supreme Court said in paragraph 130 of the article 50 case judgment:

“The removal of the EU constraints on withdrawal from the EU Treaties will alter the competence of the devolved institutions unless new legislative constraints are introduced. In the absence of such…restraints, withdrawal from the EU will enhance the devolved competence.”

Is the right hon. Gentleman saying that the Supreme Court is wrong?

[Ian Blackford]

The simple fact is that the Secretary of State and others have been asked on a number of occasions to name one power—just one—that will come back to the Scottish Parliament, and they have failed to do that. I do not know whether the hon. and learned Lady has ever read the original Scotland Act 1998, but she seems to ignore the fundamental point of all this, which is that the Scotland Act defines what is devolved and what is reserved. The only powers that are reserved are those expressed in the Scotland Act. It excludes fisheries, agriculture and the environment. I would think better of the hon. and learned Lady, who I know has a background in law, if she actually read the relevant documents. She would then understand exactly why people in Scotland and in Wales recognise this legislation for what it is; it is about taking back control.