European Union (Withdrawal) Bill

Neil Gray Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[John Redwood]

No, I am not going to take any interventions. I am conscious that we have very little time, and I want other colleagues to be able to speak in this debate.

We have been unable all the time we have been in the EU to have our own migration policy or to decide who we wish to welcome into our country. We cannot have our own fishing policy and we cannot have our own farming policy. We have moved into massive deficits on both fishing and on farming, whereas we used to have a good trading surplus on fish before we joined the European Economic Community and we used to produce most of the temperate food we needed before the common agricultural policy started to bite.

The British people decided in their wisdom that we should take back control, and we will take back control by the passage of this very important piece of legislation. Above all, clause 1 will take back that control. The great news for colleagues on both sides of the House who had different views on whether we should leave or remain is that their genuine passion for democracy, which many on both sides of the argument have expressed today, can be satisfied by agreeing to clause 1, which repeals the original Act. Once that has happened and the repeal has taken place, this Parliament will once again listen to the wishes of the British people and be able to change VAT, our fishing policy, our agricultural policy, our borders policy and our welfare policies in the ways we wish.

[Neil Gray (Airdrie and Shotts) (SNP)]

Will the right hon. Gentleman give way?

[John Redwood]

No. I have already explained that I am conscious that many colleagues wish to join in the debate.

I just hope that right hon. and hon. Members on the Opposition Benches will recognise that, far from this being a denial of democracy as some fear—they seem to think it is some kind of ministerial power grab—this legislation will be the complete opposite. Once it has gone through, no Minister of the Crown, however grand, will be able to use the excuse that they had to do something to satisfy the European Court of Justice or the European Union. They will have to answer to this House of Commons, and if they cannot command a majority for what they wish to do, it will be changed. That is the system that I and many Opposition Members believe in, and that is the system we are seeking to reintroduce into our country, after many years’ absence, by the passage of this legislation.

There are concerns about whether the date of exit should be included in the Bill. I think it is good parliamentary practice to put something of such importance on the face of the Bill, and to allow us extensive debate—as we are having today, and doubtless will have more of before the completion of the passage of the legislation through both Houses—so that the public can see that we have considered it fully and come to a view.

I listened carefully to the right hon. Member for Birkenhead (Frank Field) and I have a lot of sympathy with what he was trying to do, but I will take the advice of Ministers and support their particular version of the amendment. I will do so for the reasons that were set out very well by the Minister: we need complete certainty, and that requires a precise time of transfer. People need to know which law they are obeying and to which court they are ultimately answerable, minute by minute, as they approach the transfer of power on the day in question, and that is a very important part of the process.

I hope those who have genuine fears that we will not have enough time to negotiate are wrong. I think 16 months is a very long time to allow us to see whether we can reach a really good agreement. Of course, we all hope that we can reach a good agreement. Some of us know that if there is no agreement, it will be fine. We can trade under World Trade Organisation terms and put in place, over the next 16 months, all the things we need to do, on a contingency basis, to make sure that if we just leave without an agreement, things will work.

I appeal to all Members to understand that, although most of them may not want that contingency, it is a possible outcome. We cannot make the EU offer a sensible agreement that is in our mutual interests, so surely this House has a duty to the public to plan intelligently and to scrutinise Ministers as they go about putting in place the necessary devices to ensure that it all works.

The Chair of the Home Affairs Committee should relax. She is talented and quite capable of leading her Committee, and I am sure that it can make a valuable contribution. Nobody is stopping her or her Committee scrutinising, asking questions, producing ideas or helping the Government make sure that there is a smooth transition. She and I both believe in parliamentary democracy. She has an important position in this House and I wish her every success in pursuing it, in the national interest, so that Ministers can be held to account.

The task before us should be one that brings Parliament together. We should not still be disputing whether or not we are leaving. We let the British people decide that and then this House voted overwhelmingly to send in our notice. I explained at the time that that would be the decision point—most Members took it relatively willingly, others very willingly—and we now need to make sure that it works in the best interests of the British people.

I urge the House to come together to work on all those details, to make sure that we can have a successful Brexit, even if a really good agreement is not on offer after a suitable time for negotiation; and I urge the European Union to understand that it is greatly in its interests to discuss as soon as possible a future relationship. If it does not do so soon, we will simply have to plan for no agreement, because it is our duty to make sure that everything works very smoothly at the end of March 2019.

European Union (Withdrawal) Bill

Neil Gray Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Sir Oliver Letwin]

That was the subject of a previous intervention, and what I said in response then I will say again. The application of the principles in this Bill is a possible way to go and is not necessarily incompatible with later legislation, but it seems rather awkward to legislate inadequately and then to produce a good piece of legislation that repeals the inadequate legislation—we certainly would not want them to conflict—when it is extremely likely that the Bill in question will actually be marching through the Houses in parallel with the Bill that we are now discussing.

My second point is that the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle)—this is part of the reason why we have a slight difference of view about the means—has far more faith in the current TFEU principles than is justified. They are principles of procedure that govern proceedings and hence have a big effect on the formulation of EU directives. Had they been part of EU law in a strict sense, they would of course have been incorporated into the Bill that we are discussing, and the problems that the hon. Member for Brighton, Pavilion and I agree exist about this Bill not carrying them into UK law would not exist.

At the moment, we have weak procedural principles, and new clauses 60 and 67 seek to take those weak procedural principles and turn them into a weak procedural principle of UK law. I am recommending, and I think the Secretary of State is happy to take forward, a solid statutory basis for a powerful body operating against a statutorily based national policy statement approved in this House in order to create a binding mechanism that is far more ironclad than what is currently on offer.

[Neil Gray (Airdrie and Shotts) (SNP)]

On adopting EU law into domestic law, I am sure the right hon. Gentleman will accept that there is more than one legal jurisdiction in these isles. On that basis, does he believe the UK Government should be discussing and seeking agreement with the Scottish Government on how it should happen in Scotland?

[Sir Oliver Letwin]

I leave that to the Government, but it is noticeable that new clauses 60 and 67 would have UK application. I take it that we will be able, by one means or another, to ensure that such legislation as comes forward is so discussed with the devolved authorities that it, too, has some kind of UK application. The precise means of doing that I am neither competent nor desirous to discuss in the context of these amendments.

--- Later in debate ---

Thank you for your patience, Mr Streeter. I hope that I have addressed not only all the amendments in the group but, more importantly, the underlying concerns. I hope that all hon. Members will agree to clause 4 standing part of the Bill unamended.

[Neil Gray]

It is a pleasure to have this unexpected opportunity to take part in the debate and to speak to amendment 70, which stands in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other hon. Friends. I will, of course, be brief. It is also a pleasure to follow the Minister. He was incredibly thorough in setting out his interpretation of the argument, but I disagree with him.

This group of amendments and new clauses focuses on the retention of rights in existing European law. Some people have taken the Government’s word that they want to transfer and protect existing rights derived from the EU and that this Bill will ensure that that happens. However, the Government are giving themselves unprecedented powers through secondary legislation, meaning that, as things stand, all aspects of our rights and law derived from the EU will be subject to swift future revision by the Government. Amendment 70 would set out in the Bill those areas of existing rights and law that we want to protect. The Government say that they have no intention of changing those things, so our amendment challenges the Government to back up their own rhetoric and ensure that existing law and rights are protected.

If the Committee agrees to amendment 70, those areas will be individually written into the Bill, and therefore protected from future change through secondary legislation. The fact that primary legislation would be required to make an alteration would mean that it would be more difficult for the Government to bring about the bonfire of red tape for which prominent Brexiteers so desperately clamour, as was hinted at earlier today.

While we sit in this Parliament of minorities, this issue is more important than ever. We have already seen how beholden the UK Government are to the Brexiteer wing of the Tory party, which has succeeded in getting the Government to table the potentially disastrous amendment 381, which would write the day and hour for Brexit into the Bill. I seriously hope that the Government accept the calls from Members on both sides of the Committee to not press that amendment to a vote at a later date.

As we consider amendment 70, it is important that we note the way in which the Government have caved in. If the Government can have their arm twisted into tabling an amendment that hamstrings their own negotiating position, the Brexiteer group could also twist their arm on these areas after Brexit. Those on that wing of the Tory party could immediately put pressure on the Government to slash away at these fundamental rights, and if they are subject to change by secondary rather than primary legislation, those rights are incredibly vulnerable.

Should the Government vote down amendment 70, it will leave their actions short of their rhetoric. It would be a hint to everyone that there actually is a plan to use these unprecedented powers through secondary legislation to weaken rights further down the line.

What rights am I talking about? Among others, I am talking about the right to equal pay, and rights of free movement and residence, as well as the protection of citizen’s rights. May I just say that it is an absolute disgrace—a moral outrage and an act of economic self-harm—that 16 months after the Brexit referendum we still have no clarity over the existing rights of EU nationals living and working in these isles? These are EU nationals who are working and advancing our public services. They are EU nationals who contribute billions to the economy and are desperately relied on for their skills in crucial industries. Most importantly, they are EU nationals who have chosen to live and work here. They have established their family life here but are now in limbo. The Government can and should guarantee their right to remain now.

[Angus Brendan MacNeil]

My hon. Friend makes a very good point about EU nationals. While the UK has been in deficit since 2001, the only part of the population that has been paying its own way and standing on its own two feet are EU nationals. They are in surplus to the tune of £2 billion or £3 billion. We see what happens when they start to become scarce. It is happening in Cornwall, with crops unpicked. We need these people and there should be a Government apology for the 16 months of uncertainty that they have had to go through.

[Neil Gray]

My hon. Friend makes very salient points. He represents a constituency that relies on those skills and labour.

If the UK Government are serious about their apparent respect for the Scottish Government’s role in this process—undermined, of course, by them voting down yesterday the devolved Parliaments’ legislative consent-enabling amendment 79 in the name of my hon. Friend the Member for Arfon (Hywel Williams), which Labour, with the honourable exception of the hon. Member for Ynys Môn (Albert Owen), shamefully abstained on—and want to give some integrity to their claim of respecting the role of the devolved Administrations, perhaps the Minister will provide clarity now on whether, given Scotland’s different legal jurisdiction, the UK Government have discussed and consulted on clause 4 with Holyrood. This is important because the clause is about how laws will be transposed and interpreted domestically. The UK Government must recognise that Scotland has an entirely separate legal system, even if the Leader of the Opposition is not aware of the separate existence of Scots law.

We support new clause 30, which was tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas). It deals with important animal rights, specifically to ensure that animals continue to be recognised as sentient beings under domestic law. We will vote with her in the Lobby, should the new clause be pressed to a vote.

[Tim Farron]

The hon. Gentleman is making very good points. I want to just draw two issues together. He talks about animal welfare protection and a moment ago he referred to EU nationals who work here. I am sure that he is aware that about 90% of the vets in UK abattoirs are from elsewhere in the European Union. The loss of their services massively challenges and threatens animal welfare, does it not?

[Neil Gray]

Absolutely. I agree with the hon. Gentleman’s very good point.

We support new clause 67, which stands in the name of the Leader of the Opposition, which would protect environmental provisions. This is linked to a constituency concern that I have. Last week, I visited the Tarmac quarry at Cairneyhill, near Caldercruix in my constituency. It provides 30 good jobs and some of its staff have worked there for decades. Aggregate industry businesses such as Tarmac are energy and carbon-intensive, but they are working hard to reduce their carbon footprint as responsible operators. The EU emissions trading system has underpinned the UK’s carbon reduction commitments for many years and provided a basis from which companies such as Tarmac operate. They need to know whether we will be in or out of the EU ETS. If we are out, what will the new rules be? Will they be linked to the EU ETS or to schemes such as the one in California? How will that be paid for? Who will police the rules?

It is simply not good enough for the UK Government just to say, as they have so far, that this is subject to the negotiations, and here is why: businesses such as Tarmac make very long-term investment decisions that are based on their certainty of legislation and regulation. At my visit last week, we talked about Tarmac’s plans for the Cairneyhill site 20 years down the line. It is not just for its own business’s benefit that it does this; it is to protect the supply chain for infrastructure projects commissioned by Governments across these isles. Will the Minister guarantee that EU ETS allowances issued to UK operators for 2018 will be accepted for compliance purposes at the end of the EU ETS accounting year? Without such a guarantee, UK companies will face a bill that might run into millions. This uncertainty and lack of detail is concerning businesses and stakeholders across industry and civic life, especially with the ramping up of the Government’s nonsensical no-deal rhetoric.

We have before us a mess of a Bill, but that is little wonder given that, from the start of the process, the Government have made a mess of Brexit. From taking the electorate for granted before the referendum to assuming they did not need to plan for a leave vote, triggering article 50 before they were prepared, and calling a snap election to strengthen their position but in fact creating chaos, they have made a mess of Brexit. Our amendments would provide certainty in areas of confusion, confirming our existing rights and protecting them from those who wish to sweep them away, and would finally lift EU nationals living here from their tortuous limbo. We must give them protection and the lifeline assurance of the right to remain that the Government have disgracefully denied them. I commend amendment 70 to the Committee.

[Richard Benyon (Newbury) (Con)]

I say to the hon. Member for Brighton, Pavilion (Caroline Lucas) and others, perhaps as one remainer to another, that to suggest everything EU for the environment good; everything outside—

European Union (Withdrawal) Bill

Neil Gray Excerpts

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

[Paul Masterton]

I absolutely agree, but the point is that the amendments proposed by the Scottish and Welsh Governments go far too far. There is some middle ground, on which, if the hon. Gentleman will allow me, I will set out where I believe we can get to.

[Neil Gray (Airdrie and Shotts) (SNP)]

Some of the hon. Gentleman’s Conservative colleagues have proposed their own amendments on other areas of the Bill. Why has the Scottish Conservative group of MPs not tabled any amendments to clause 11 if they share his concern?

[Paul Masterton]

For the simple reason that there is another JMC meeting on 12 December, and we do not believe it is right to prejudge or prejudice the outcome of those negotiations. There is going to be an agreement, and it is much better to allow such an agreement to be reached and incorporated into the Bill.

Much has been devolved since 1998, but nothing that jeopardises the UK’s single internal market. It would be in the interests of neither consumers nor producers for product safety and consumer protection rules to be different across the nations of the United Kingdom.

--- Later in debate ---

[Andrew Bowie]

I will not give way, I am afraid, given that I have to wrap up soon.

As things stand today, it is a fact that, thanks to the actions of this Government, the Scottish Parliament is now one of the most powerful devolved legislative Assemblies in the world, with powers over—[Interruption.] It has powers over justice, education, health, transport, the environment and, now, taxation and elements of social security. The jury is still out on whether that is a good thing, but that may be to do with the parties that have been in charge of those regulations, rather than the powers themselves.

Far from Lord Robertson’s claim that devolution would kill nationalism stone dead, we are about to enter our 11th year of nationalist Government in Scotland, so I remain worried for our Union. For me and the people of the north-east of Scotland, which I have the huge privilege to represent, I am afraid that, far from the renewing or revitalising experience promised by the architects of devolution in 1999, the reality of devolution has been cuts, tax rises, a failing education system and the perception of a central-belt bias in all decision making.

However, just because devolution in its current form has not worked for my constituency or my constituents, that does not mean that it cannot. The point is that, as we today debate new powers that might be going to the Scottish Parliament, it is high time that the current Administration in Holyrood looked at their record in managing the powers they already have and the effect that has wrought on the north-east.

This afternoon and this evening, we have heard a lot from the SNP about power grabs, a betrayal of the Scottish people, Scotland being dragged out of the EU against its will and how we are undermining the devolution settlements, when, of course, nothing could be further from the truth. We all know that concessions are going to be made on both sides of the Committee on this argument. We all know that the Scottish Parliament will have sweeping powers under common UK frameworks on a whole raft of areas.

I will support clause 11, and I will vote against the Opposition provisions. As my hon. Friend the Member for East Renfrewshire said earlier, amendments to clause 11 will be required: we do require a legislative consent motion if we want the other place to pass the Bill. I think that all sides appreciate that. That is why we expect movement on the issue this month at the JMC. However, this is a process. The Opposition amendments would undermine our United Kingdom and threaten our common market. That is why I cannot support them.

[Neil Gray]

I am grateful for the opportunity to speak in one of the most important constitutional debates impacting on Scotland since the re-establishment of the Scottish Parliament. The whole basis and foundation of how Scotland is governed is being discussed today. We should not underestimate how important that is; we cannot allow today to be politicked away or the issues to be kicked down the road. We must consider what is before us carefully and in a non-partisan way. Cross-party working has already started in the tabling of amendments, which have been drafted jointly by the Labour Welsh Government and the Scottish National party Government.

Anyone who understands politics in Scotland will appreciate that Labour and the SNP do not often agree on constitutional issues; that is not a flippant point, but a serious one, on which Ministers might reflect. I fully support amendments 72, 164, 165 and 183 to 188, in the names of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), my hon. Friend the Member for North East Fife (Stephen Gethins) and the hon. Members for Edinburgh South (Ian Murray) and for Cardiff South and Penarth (Stephen Doughty). They all aim to protect the devolved settlements of both Wales and Scotland. Indeed, just about every speaker this evening has expressed great concern about clause 11 as it stands, perhaps with the honourable exception of the hon. Member for Aberdeen South (Ross Thomson) —even the right hon. Member for Clwyd West (Mr Jones) highlighted that clause 11 impinges on the devolved settlements. That is where my concern lies with the so-called UK frameworks.

I understand that it would be sensible in some areas for there to be agreed principles across these isles—I think that of a future independent Scotland’s relationship with the rest of the UK, so why would I not think it now?—but for intra-national frameworks to be strong, effective and deliverable, they need to be agreed on the basis of mutual partnership, without a dominant and dictatorial director.

[Stephen Kerr]

Will the hon. Gentleman give way?

[Neil Gray]

To be fair, the hon. Gentleman has had a good say this evening.

I am not the only one concerned about the direction of travel that the UK Government appear to think we are taking. NFU Scotland has, as I am sure Ministers will be aware, a series of red lines regarding Brexit, many of which are pertinent to today’s debate. I will pick a few out: it wants a replacement for the common agricultural policy that will support the industry in the medium to long term; agriculture must continue to receive the same level and proportion of funding as it does now in the post-2022 landscape; and crucially for tonight, although the Treasury should finance the new policy on a UK-wide funding basis, NFU Scotland says that

“Any approach that adopts a ‘Defra-centric’, one-size-fits-all policy on to the devolved nations would not be acceptable.”

That is why it is crucial that powers in devolved areas are returned to the devolved nations, not held centrally. To do anything other than devolve and then seek to agree a framework agreement in devolved areas would undermine devolution. It would set a dangerous precedent if the UK Government set the terms of devolved policy and then left it to the devolved nations to fill in at the margins. That point was reiterated by Professor Michael Keating when he said the Tory plan would create a “hierarchical model of devolution” where

“the broad principles are set in London and the details filled in across the nations.”

That is not devolution, but executive management. It is anti-devolution, and would rip up the terms and principles of the Scotland Act 1998.

Brexit already poses potentially huge challenges for Scotland economically and constitutionally. Keeping the Bill as it stands in this area would not just be a hard Brexit—it would be a constitutionally regressive Brexit. At this stage, it is worth returning to NFU Scotland’s Brexit priorities: that Scottish and UK agricultural and food products must have frictionless access to existing and new export markets, and that the domestic market must not be exposed to cheaper imports that lack Scotland’s exemplary animal welfare and environmental standards. Continued access to a skilled and competent workforce, within both the farming and food processing sectors, must be secured as a priority. Continued, targeted farm support will be vital, not least through an unknown transition period. This support must be refocused on action-based measures to bring about improved productivity across sectors while delivering environmental benefits and safeguarding and enhancing product standards—the bedrock of a thriving farming, food and drink sector for the post-Brexit era.

I am not closed to the idea that there may be opportunities from Brexit should the UK Government listen and act in a way that is inclusive and bipartisan, but that has not happened to date, no matter what Ministers try to say. The Scottish Government’s compromise proposals have been dismissed and ignored, and that is why we are at today’s crucial juncture. [Interruption.] Conservative Members, some of whom represent farming constituencies, ought to listen to this. NFU Scotland shares the Scottish Government’s desire for continued membership of both the single market and the customs union. Perhaps now the UK Government will realise that they need to allow for tailored arrangements to allow varying national priorities across these isles to be reflected.

How topical it is that we should be discussing aspects of devolution relating to Brexit as we learn, this very day, of what the UK Government appear to be willing to concede in their negotiations with the EU regarding Northern Ireland. In essence, they are conceding that the compromise plan that was presented by the Scottish Government last year for a bespoke deal for Scotland in retaining single market and customs union membership—a plan dismissed as impossible—was on the table earlier for Northern Ireland and has now been discussed. There will be no hard border on the island of Ireland, in summation. It appears that the DUP has put the brakes on that—the irony is there for all to see. What a precedent that sets.

It is time that the UK Government acknowledged that Scotland, as well as Northern Ireland, has the right to expect a bespoke Brexit deal, and that there is nothing precluding a deal that protects Scotland’s interests, as we have been arguing all along. Clearly, for Scotland, that means the ability, for example, to have a different immigration system, and continued membership of the single market and the customs union. Sadly, though, that does not appear to be the path the UK Government are willing to follow, regardless of the consequences either for Scotland or for the future of the United Kingdom. Why not? I fully understand why Northern Ireland needs a bespoke deal. I have no issues with the UK Government pursuing that—in fact, I congratulate them on it—but why do Scotland’s needs matter less? To deny Scotland the same opportunity as Northern Ireland is being afforded would be ridiculous and indefensible. To take back powers from the EU that are clearly devolved competencies and have them sitting here at Westminster for some future divvying-up shows a lack of political or critical thinking, shows a lack of trust or respect towards the devolved nations, and is—quite frankly—lazy. To refuse to look at fresh areas of devolution like employment law to help Scotland deal with Brexit in the most flexible way is equally untrusting, disrespectful, and lazy.

The UK Government must understand the concerns that are being raised. They must not want to rip apart and fundamentally undermine the devolved settlement. Surely they must be willing to engage and accept amendments so as to make Brexit, if not politically palatable, at least reasonable for the devolved nations. I hope that all Members representing Scottish constituencies will support the amendments to be voted on later tonight.

[Stephen Kerr]

I will—[Interruption.] Yes, I am going to speak. I know that SNP Members will be very pleased about that. I will keep my remarks short because a number of people want to speak, but I want to respond to the idea that has been traded pretty commonly in the past couple of speeches about the imposition of a devolution settlement vis-à-vis the frameworks. The Scottish Affairs Committee report quotes the Secretary of State for Scotland, who said:

“A UK framework is not a framework that the UK Government imposes; it is a framework that is agreed across the United Kingdom.”

I believe that that is a definitive expression of the Government’s policy in relation to the nature of frameworks and how they will be achieved.

Every time we have a debate in this House in which devolved powers and Brexit are mentioned, the Scottish nationalists go crazy—[Interruption.] Yes, berserk; that is a good word. A number of contributors, including the hon. Member for Airdrie and Shotts (Neil Gray), have spoken positively about how we can work together to create common ground and lift the issue from the trenches of political warfare in which, too often, the SNP wish to put it.

European Union (Withdrawal) Bill

Neil Gray Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Douglas Ross]

I agree with my hon. Friend, and believe that it is useful to get that on record.

I want to move on to the amendments on the devolved Administrations under discussion today. My constituency of Moray was split right down the middle on Brexit. Of all the 382 areas in the United Kingdom that counted the votes on the European Union referendum, Moray had the closest result of anywhere. Out of 48,000 votes, just 122 votes, including my own, gave remain the edge over leave. None the less, Moray did come within a whisker of being the only Scottish local authority to vote leave.

Moray is not a bitterly divided community. Like most communities in Scotland, and indeed in the United Kingdom as a whole, people in Moray want Brexit to be done with as little disruption as possible. It is in that spirit that this Bill works to ensure that our statute book—our legal and regulatory infrastructure—continues to operate as normal after exit day. Due to the sheer amount of tweaks that will need to be made after more than four decades of our laws becoming ever more intertwined with those of the European Union, it is only right that the Government have delegated powers to effect those adjustments where appropriate.

Likewise, in the light of our devolution settlement, it is only right that the Scottish Government and the other devolved Administrations have delegated powers to make their own adjustments where appropriate.

[Neil Gray (Airdrie and Shotts) (SNP)]

Does the hon. Gentleman accept the concerns that have been raised by the Law Society of Scotland on the areas of this Bill relating to the separate legal system in Scotland?

[Douglas Ross]

I know Michael Clancy very well, and have seen the briefing that the Law Society provided for this debate. I accept its concerns on this, just as I accepted the many concerns that it had over plans in the Scottish Parliament that I debated in my time there. The Scottish Government were quite happy to ignore the evidence—

[Neil Gray]

indicated dissent.

[Douglas Ross]

The hon. Gentleman is shaking his head, but the Law Society was absolutely against the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 and continues to be. The Scottish Government and the SNP Members north of the border are happy to ignore the views of the Law Society of Scotland when they do not suit their argument. Now SNP Members in this Chamber tell us that we have to agree with absolutely everything that the Law Society says.

European Union (Withdrawal) Bill

Neil Gray Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Stephen Kerr]

The hon. and learned Lady, with her normal reserve, says that I do not know. The fact is that there are established processes by which the amendments that will now have to be made to the Bill in the House of Lords will come back here. Those processes were addressed by the Chair of the Public Administration and Constitutional Affairs Committee.

I do not want my next point to be lost, especially on my hon. Friends on the Government Front Bench—please do not underestimate the depth of disappointment and frustration among Scottish Conservative colleagues in the House. It does not seem appropriate for the Government to blame outside influences for the lack of an amendment. [Interruption.] SNP Members say, “Yes.” But it took until October to get an agreement to the principles by which we would proceed towards the agreement that I, and many of us here, regard as essential. Why did it take so long? Well, the fact is that the nationalist Government in Edinburgh are approaching the matter, as usual, with a wrecking mentality. They want to create a constitutional crisis that precipitates their beloved second independence referendum. The First Minister was at it again this week, talking about another independence referendum. The people of Scotland have spoken on this matter, but the SNP will not listen and its Members claim to be the democrats in this House.

[Neil Gray (Airdrie and Shotts) (SNP)]

The hon. Gentleman talks about trust, and about building towards agreement and compromise. Will he advise us as to how he expects that trust, agreement and compromise to come about? My understanding is that the UK Government have not shared any draft amendments to clause 11 with the Scottish Government.

[Stephen Kerr]

I respect the hon. Gentleman’s point of view and question on this matter. Frankly, I believe that we will proceed on the basis of the negotiations, on which I have asked Ministers to update us. Even Ministers in the hon. Gentleman’s own Government in Edinburgh talk about these matters in the most positive terms; it is not necessary to dress the issues up as a crisis and make them into some drama. We need to proceed to a point at which we can get to an agreement, which will then be the basis for an amended clause 11.

--- Later in debate ---

[Ross Thomson]

Can I make a little more progress? I will take more interventions.

Looking at the amendment before us, it is clear that there is no safeguard in terms of UK-wide frameworks, which many of us agree are important when it comes to areas such as agriculture or animal and plant welfare standards. Further, and importantly, it does not secure any Joint Ministerial Committee consent, and it does not guarantee the legislative consent that is essential in the Scottish Parliament.

We may all have areas of disagreement, but it is important that we do not pre-empt things by voting for this amendment tonight and that we work constructively to ensure we can get the JMC and our national Parliaments and Assemblies on board. I do not take the characterisation made by the hon. Member for Glasgow North East (Mr Sweeney) that we can somehow speed ahead with the process and that, fingers crossed, things will be amended and then come back. We need to be working more collaboratively and constructively with the Scottish Government.

[Neil Gray]

On that point, does the hon. Gentleman share my concern that the UK Government do not appear to have shared any draft amendment to clause 11 with the Scottish Government? Has he seen any draft amendment? Has he been involved in any of those discussions?