Claim of Right for Scotland

Patricia Gibson Excerpts

Monday 27th January 2020 Commons Chamber

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Tonight, I rise to remind the House that the claim of right for Scotland is a principle that recognises that the people of Scotland have the sovereign right to determine the form of government best suited to their needs. This right is well established; it was first set out in the Declaration of Arbroath in 1320 and was most recently endorsed by Parliament in the Commons in a debate in July 2018—a debate in which I was privileged and proud to speak.

In Scotland, this House is not recognised as sovereign. The people of Scotland are sovereign, and they are angry that this House, this Government, are over-reaching themselves by trampling all over Scotland’s devolution settlement, with repeated and concerted attempts by Tory Members to shout down Scottish National party Members when we dare to speak up on behalf of Scotland.

The debate tonight comes at a critical time for Scotland, with the UK on the cusp of withdrawing from the European Union—something which the people of Scotland rejected by a significant majority, but which is to be imposed upon them against their expressed democratic wish. However, if one accepts the European Union referendum result in England despite all the cheating and law breaking that we all know went on, because the democratic will of the people of Scotland is different from the democratic will of the people of England, then—too bad—Scotland is to be ignored, dismissed and dragged out of the European Union anyway.

With the Westminster power grab and the lack of consent given to this disastrous Brexit by the Scottish Parliament, the devolution settlement has been trampled underfoot by this Government—so much for a so-called union of equals; so much for Scotland leading the UK, not leaving the UK. How can this be a union of equals when the democratically devolved legislatures in Scotland, Wales and Northern Ireland have all refused to consent to this Tory Government’s withdrawal agreement, which will damage our jobs, our prosperity and our relationships with our European partners? This Brexit, which may yet deliver a no-deal scenario, is to be forced on Scotland against her will, exposing for all to see the myth of the so-called union of equals.

In the general election a few weeks ago, the Tories in Scotland unequivocally urged voters in Scotland to vote Tory to stop indyref2. We in the SNP stood firmly and proudly on a platform of saying no to Brexit and saying yes to the people of Scotland’s right to choose their own future. Scotland, by and large, did not vote Tory, but voted SNP in huge numbers. The SNP won 80% of the seats in Scotland, yet this Government still refuse to accept that the people of Scotland have made their choice—that they want Scotland to have the right to choose its own future because no one is better placed to make decisions for Scotland than the people who live in Scotland.

[David Mundell (Dumfriesshire, Clydesdale and Tweeddale) (Con)]

I hear what the hon. Lady is saying, but in my constituency and other constituencies in the week of the general election, SNP candidates told voters that the election was nothing to do with independence, but that they were to vote SNP if they were against Brexit or if they were against Boris. However, at 10 o’clock on 12 December, it was all to do with independence.

[Patricia Gibson]

This is the kind of wilful, fingers-in-ears attitude that we have come to expect. Not everybody in Scotland who voted SNP is yet persuaded of the argument for independence, but what they do want is the right to choose.

We know that the Minister will trot out well-worn phrases and lily-livered lines about the SNP not winning more than 50% of the popular vote in the election in 2019. However, he must consider that the first-past-the-post voting system that he supports is the one in which we are working. Further, the SNP in Scotland has won the council elections in 2016, the Holyrood election in 2016, the general election in 2017, the European elections in 2019 and the general election in 2019. Each of those five elections was contested on one proposition by the Tories: “Vote Tory to stop indyref2”. The Tories in Scotland never mentioned any policies or discussed any other issues. They simply said, “Vote Tory to stop indyref2”. And yet, still they could not get close to beating the SNP in these elections.

For anyone to deny the democratic right of Scotland to have a say over her own future path, or to try to shift the goalposts on what winning an election actually means or looks like, is deluded. Doing an impersonation of King Canute trying to hold back the tide simply shows the desperation and arrogance of this Government, who think that if they can just ignore the pesky Scots for long enough, they will just give up. We will not give up. We in Scotland have a right. We have a right which we claim in no uncertain terms, to choose our own future, and we will not be denied.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for her hard work on behalf of her constituents and recognise how much it means for her to come back to this House. Does she accept that while many people have voted for her because of who she is and her hard work, and for her party colleagues here as well, many of those who voted Scot Nats—or a certain proportion, anyway—do not accept the case for independence?

[Patricia Gibson]

What I accept is that the people who voted for the Scottish National party want to have the debate and want to have the choice, and that matters. It is our job to persuade them over the line.

[David Linden (Glasgow East) (SNP)]

The hon. Member for Strangford (Jim Shannon), who comes into this debate with a degree of interest in it, may not be aware that there are now three Scottish Tory Members sitting in this House: the Minister, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), and the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont). Can my hon. Friend say whether their majority has gone up or down on the basis of their message saying no to indyref2?

[Patricia Gibson]

I do not wish to intrude on private grief, but I cannot help noticing that each of the three Tory MPs from Scotland rushed as though their behinds were on fire to leave Holyrood—Scotland’s Parliament—to come to this House, and I have to question why that might be.

If not winning over 50% of the popular vote is the only tool in the Government’s arsenal to deny the people of Scotland the right to choose their own future, then where is the democratic mandate for this Government to press ahead with their version of a damaging Brexit—a Brexit born out of a very narrow referendum result, with the Electoral Commission itself saying that the referendum was characterised by law-breaking, cheating and dishonesty? In last year’s general election, the Tories won 43.6% of the vote. If we follow the UK Government’s logic on indyref2, this Tory Government most certainly do not have a mandate for their version of Brexit either. Therein is crystallised the unsustainability of the Tory Government’s position. This might be a surprise to some Conservative Members, but the Government’s position is so unsustainable that even some Front-Bench Tory MPs are admitting it secretly, off the record. If the Government continue to hold on to the unsustainable position that Scotland should be denied its claim of right to exercise its democratic will to determine its own future, this will, and can only, deepen the current constitutional crisis. There is no doubt that England’s and Scotland’s elected representatives have quite different and diverging constitutional mandates, but be in no doubt—each mandate is as valid as the other.

Let me turn to the tired and frankly insulting mantra trotted out too often by Conservative Members: that the people of Scotland voted no to independence in 2014. They did; there is no denying that. It appears that, according to the beleaguered and very absent Secretary of State for Scotland, it matters not how the people of Scotland voted in the past five elections or how they may vote in future elections, because he has decided that independence for Scotland can be put to the people of Scotland only once in a generation, regardless of any democratic choice they may choose to make—summarised as, “You’ll have had your democracy, then.” This is quite frankly absurd and silly talk, and insulting to the people of Scotland.

The Secretary of State for Scotland has revealed that he either knows nothing of, or does not subscribe to, the claim of right for Scotland, or has clearly not read the report from the Smith commission—which is odd for a Secretary of State for Scotland. I wish I could say I am surprised about that. I hope that the Minister standing in for the beleaguered Secretary of State for Scotland tonight does not, when he gets to his feet, insult the House or the intelligence of the people of Scotland by repeating this once-in-a-generation nonsense. I draw his attention—he really ought to listen to this because it is important—to the final report from the Smith commission, and more specifically to paragraph 18 of chapter 2, which clearly states:

“It is agreed that nothing in this report prevents Scotland becoming an independent country in the future should the people of Scotland so choose.”

That seems pretty clear to me. No wonder the former Secretary of State for Scotland, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale, is blushing.

The unanimous verdict of the Smith commission was an implicit agreement that a second referendum vote was and is constitutionally valid. It is inconceivable that that would have been included in the final published report if the members of the Smith commission, a bare two months after the first vote, thought that the matter had been kicked into the long grass for a generation. Democracy is not an event. It is a growing, living, evolving, organic thing, and an expiration date cannot be put on it by this or any other Government.

Let us not forget that the appetite for a second independence referendum is easy to understand. The people of Scotland voted no to independence in 2014 because they were fed lies, mistruths and fear. They were told that, in order to remain in the EU, they would need to vote no. They were told that if they voted yes, they would lose their pensions. I do not have time to go through all the broken promises and lies. But this time, when the independence referendum comes—and come it will—Scotland will make a different choice. The people of Scotland will see through the snake oil salesmen and the spivs who perpetrated those lies the last time round. The people of Scotland will say to Conservative Members, “When the facts change, I change my mind. What do you do, Sir?”

I urge the Minister to remember the words of former Tory Prime Minister John Major:

“no nation could be held irrevocably in a Union against its will.”

The myth of a union of equals has been hopelessly exposed, and the people of Scotland realise that Scotland’s future must be as an independent nation. I urge this Government to do the right thing and respect democracy. Every day of denial only feeds the fire of independence and the case for a referendum on this issue, the momentum for which cannot be stayed.

I understand that this Government—whose Benches are empty—fear an independent Scotland building a more fair, more equal, more compassionate, more outward-looking country on their doorstep, but that is really a matter for them. No Westminster Government has the right to choose Scotland’s path, and how dare it even try! This Government must prepare themselves for what is coming, because their arrogance, intransigence and contempt for democracy show that the UK is fatally disunited and is about to lose Scotland. A sovereign people will not be silenced. We will not go quietly. The clock is ticking. This Union’s time is up, and well this Government know it.

--- Later in debate ---

[Douglas Ross]

I will give way to the hon. Lady who secured the debate.

[Patricia Gibson]

May I just say to the Minister that, if Scotland’s right to choose is not something that people were exercised about when he was out campaigning, why were all the Tory party leaflets in Scotland about “Vote Tory to stop #indyref2”? May I also ask him this? He has spent a lot of time tonight—for reasons I am not quite clear about, because the debate is on the claim of right for Scotland—talking about devolved issues. May I say to the three Scottish Members of the Tory party that if they wanted to discuss devolved issues, perhaps they should have stayed in the Scottish Parliament?

[Douglas Ross]

I am sorry that the hon. Lady thinks that healthcare in Scotland is not important enough for her and I am sorry that she thinks that the education system in Scotland is not important enough for her. However, we are elected as representatives of our constituencies, and Scotland is blessed to have two Governments, so when one Government are failing and letting it down, I think it is incumbent on all politicians to raise issues that affect our constituents day in, day out.