Sewel Convention

Patrick Grady Excerpts

Monday 18th June 2018 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

I want to start on a consensual note by echoing the tributes that have been paid to the heroic work of the Scottish Fire and Rescue Service and Police Scotland in responding to the tragedy at the Glasgow School of Art. I send my sympathies and condolences to Professor Tom Inns and the whole community. I had the privilege of seeing some of the restoration work last year. I share the sense of devastation and hope that some legacy and restoration can be achieved.

There are two aspects to the power grab. The first was explained by my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford). Schedule 5 to the Scotland Act is very clear: if it ain’t reserved, it’s devolved. What is happening now is that powers that are not reserved to this Parliament are being stopped in their tracks from Brussels and reserved to the House of Commons, rather than being devolved to the Scottish Parliament. That is the first aspect of the grab of the 24 powers that have been spoken about so many times.

The second and more important aspect of the power grab is the contempt with which the refusal to grant a legislative consent motion is being treated. The decision of the House of Commons last Tuesday to vote through amendments to the European Union (Withdrawal) Bill that the Scottish Parliament had expressly refused its consent to is a fundamental change to the nature of the devolution settlement. It fundamentally undermines 20 years of devolution. That is the real power grab: this Parliament expressing its sovereignty in the face of the sovereignty that the people of Scotland expressed in their legitimately elected Parliament.

[Luke Graham (Ochil and South Perthshire) (Con)]

I thank the hon. Gentleman for giving way. He says that these powers being reserved is a fundamental challenge to devolution. Can he tell me how agricultural fertiliser regulations pose a fundamental challenge to devolution? How do powers relating to elements of reciprocal healthcare pose a fundamental challenge to devolution? Those are two of the 24 powers being reserved. This is not a challenge to devolution; it is just common sense.

[Patrick Grady]

The hon. Gentleman has a far more rural constituency than I do. Perhaps the farmers in his constituency are happy with the idea that this Parliament will simply legislate on those issues and ride roughshod, without the elected Members of the Scottish Parliament having a say, but I am not sure that the farmers in my constituency of Glasgow North would share that view.

The saddest thing is that it did not really have to come to any of this. This simply has not been on the Government’s radar. Whether that is because of a failure by the Secretary of State for Scotland to make Scotland’s voice heard in Cabinet or because Scotland is simply not important to the Tories does not really matter. The reality is that on Tuesday and Wednesday last week, we saw Government Whips running around the Benches negotiating with their rebels and Ministers at the Dispatch Box negotiating amendments to the withdrawal Bill in real time. Months of meetings in the Joint Ministerial Committee and of messages, statements, questions and debates led by Members from all the different parties in Scotland in this House seem to have had absolutely no effect on the UK Government. That is a demonstration of the contempt, of the power grab and of them riding roughshod over the views of Scotland expressed in the Scottish Parliament.

Ironically, and I have raised this before, there are still ways out for the Government, but they have so far refused to take them. On Thursday, I raised the issue of Royal Assent. It is up to the Government when the final version of the EU withdrawal Bill is put forward for Royal Assent. The Minister could stand up now and commit that they will not do so until agreement has been reached with the Scottish Government. Otherwise, presenting a Bill for Royal Assent while consent has been withheld is in blatant breach of the Sewel convention, which was put on a statutory basis in the Scotland Act after 2015—the greatest, most devolved Parliament in the entire history of the known universe snapped out and snuffed out just like that by this House of Commons after a paltry 19 minutes of debate, or one minute of debate for every year of devolution.

Let me say this on devolution and the Scottish National party—I say it with the greatest of respect to the right hon. Member for Orkney and Shetland (Mr Carmichael). In 1997, when I was 17 years old, I was out on the streets of Inverness knocking on doors for the yes, yes campaign. I do not remember that many Liberal Democrat activists joining us, and that was a Liberal Democrat seat at the time. The reality is that the Scottish National party helped, on a cross-party basis, to deliver devolution and it has consistently delivered success in devolution, and the only people isolated throughout that period have been the Scottish Conservatives.

[Mr Carmichael]

Will the hon. Gentleman remind us of the role in the constitutional convention, building the blueprint that created the Scottish Parliament, of the SNP?

[Patrick Grady]

Of course, in the early days the Scottish National party had an interest in the process of the constitutional convention, but the constitutional convention decided that it would not consider independence. There was a founding document of the constitutional convention—I am very happy to discuss it, because this is of fundamental importance to the Conservatives. I defy any of the Scottish Conservatives to get up now and say that they will endorse the claim of right for Scotland; it is one of the founding documents. The claim of right for Scotland says that it is the fundamental sovereignty of the people of Scotland to determine their own constitutional future. The only party that has never signed the claim of right for Scotland—it refused to sign it in 1989 and it refused to endorse it when it was put to the Scottish Parliament in 2012—is the Scottish Conservatives. If one of the Scottish Conservatives wants to get up now and say that they endorse the claim of right for Scotland, I will be very glad to hear it. No? And a silence fell upon the assembly.

Of course, the great irony in all of this—this is the question which the Minister for the Cabinet Office must answer—is the fundamental damage that is being done to the UK constitution as a whole. We regularly have the farce of the English votes for English laws procedure in the House of Commons, when the English Grand Committee—the English Parliament—is asked to grant a legislative consent motion to whatever it has already debated and already consented to. What is the point of that EVEL procedure now if legislative consent motions from the Scottish Parliament—and potentially from the Welsh Assembly and, indeed, the Northern Ireland Assembly—are not even going to be paid attention to?

The reality is that the Government have completely failed to respect the outcomes of both the independence and the Brexit referendums. They have refused to respect the differential result in Scotland, Northern Ireland, London and Gibraltar. This goes beyond the simple question of the Sewel convention as it applies to Scotland; it is about how it applies across the whole of the United Kingdom. The Government are so determined simply to cling on to office that they do not seem interested in the consequences of the decisions they are making and the constitutional havoc they are wreaking.

Whether by accident or design, things have changed. The 20th anniversary of the Scotland Act heralds a new era of devolution and it is not the era that was promised by the no campaign in 2014. I am very fond of Alasdair Gray’s saying that we should

“Work as if you live in the early days of a better nation”.

There is another saying that the darkest hour comes just before the dawn. This is a very dark hour for devolution, but perhaps that means the new dawn of an independent Scotland, where full powers are in our own control, is on the way and those really will be the early days of a better nation.