Electronic Trade Documents Bill [ Lords ] (First sitting)

Debate between Patrick Grady and Paul Scully

Committee stage
Monday 19th June 2023 Public Bill Committees

[The Parliamentary Under-Secretary of State for Science, Innovation and Technology (Paul Scully)]

It is a pleasure to serve under your chairmanship, Dame Angela. Clause 1 defines the type of trade documents that may fall within the scope of the Bill. It does so by setting out the criteria that the documents must satisfy. The list of documents included is intentionally broad to ensure that when the trade market uses a document in such a way that possession of it is significant—even if that is a matter of commercial practice, rather than law—it can be confident that it is regarded as being possible to possess it.

[Patrick Grady (Glasgow North) (SNP)]

I am keen to welcome the provisions giving legal recognition to electronic trade documents. It is clear from all the evidence and research behind the Bill that digitalisation of the documents listed in the clause will help to speed up transactions and lead to significant cost savings and efficiencies. The Government claim that they are ahead of other G7 countries in introducing these changes, but I wonder whether this does not all still smack a bit of yesterday’s technology solving today’s problems tomorrow, rather than tomorrow’s technology solving those problems today. With the rise of artificial intelligence, I wonder how soon some of the processes that we are talking about will be conducted with very little human interaction.

The clause provides the foundation for the rest of the Bill by setting out the definition of “paper trade document” and all that follows from that. The Scottish Government had some concerns about the Bill, but I will come on to those a little later.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Definition of “electronic trade document”

Question proposed, That the clause stand part of the Bill.

[Paul Scully]

The clause defines the criteria that a trade document in electronic form will need to meet to fall within the scope of the Bill, and therefore to be legally equivalent to a paper document.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Possession, indorsement and effect of electronic trade documents

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Patrick Grady]

I echo the point made by the Labour Front Bencher. This is a Law Commission Bill being taken forward by a Minister from the Department for Science, Innovation and Technology on matters largely overseen and regulated by the Department for Business and Trade. A little clarity about exactly which Secretary of State is referred to in these clauses would be helpful.

The Scottish Government welcome the Bill in principle, but the initial legislative consent memorandum set out a number of concerns about the powers granted to UK Ministers to legislate in devolved areas, particularly without the requirement for consent from Scottish Ministers or Scotland’s Parliament. The amendments tabled by the Minister go some way towards addressing that, so the supplementary legislative consent memorandum published by the Scottish Government on 13 June sets out:

“While the amendments proposed by the UK Government do not provide a full statutory consent provision, on balance, the Scottish Government recommends that the Parliament grants legislative consent”.

That is because

“The policy objective of the Bill is strongly supported by both the Scottish Government and stakeholders…there is no current legislative opportunity at Holyrood to make equivalent provision for Scotland, and any such legislation would not be as comprehensive as the UK Bill…the power involved is extremely limited, and unique to this law reform Bill…the aim is to ensure consistency in a mutually agreeable and workable way and that in practice it is highly unlikely for Scottish Ministers to want different arrangements for trade documents to apply in Scotland.”

It is welcome that the Minister has been able to table amendments that will allow Holyrood to agree to the Bill, but I wonder slightly whether this could not have been foreseen. Scottish Government Ministers and, indeed, those of us who represent the SNP in this House, have for several years expressed our concern at increasing overreach by UK Ministers into devolved areas, especially in the context of Brexit. There was quite a lengthy consultation before the Bill was published, so quite why none of this appears to have occurred to Ministers before we got to the Public Bill Committee right at the end of a Bill that started in the House of Lords is slightly beyond me. However, consensus does, for once, appear to have been reached. These amendments will make the Bill much more palatable, so that should ease its remaining stages both here and in Holyrood.

[Paul Scully]

I am glad that we were able to get there by the end. The Government have undertaken significant legal works, including by engaging independent legal counsel to analyse and ensure the compatibility of the Bill’s provisions with both English and Scots law, including that related to the Moveable Transactions (Scotland) Bill currently before the Scottish Parliament. I am glad that we got there in the end, ensuring that we talk and agree as best we can. I can confirm that the Secretary of State for the Department for Business and Trade will be exercising this power.

Amendment 1 agreed to.

Oral Answers to Questions

Debate between Patrick Grady and Paul Scully

Tuesday 15th December 2020 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

What recent discussions he has had with the devolved Administrations on the United Kingdom Internal Market Bill.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

The Government have sought to engage constructively with the devolved Administrations throughout the passage of the United Kingdom Internal Market Bill. The recent fruits of that continuing commitment include several amendments tabled by the Government strengthening a role for the devolved Administrations.

[Paul Scully]

The hon. Gentleman talks about grabbing powers back, but Scotland will be gaining powers in more than 100 areas that are at the moment controlled by the EU. Of course we will continue to work with important industries such as the aerospace sector and with companies such as Rolls-Royce to protect jobs.

[Patrick Grady]

Those of us who are paying attention will have seen that the House of Lords has passed amendments to the UKIM Bill to try to salvage what might be left of the devolution settlement, which the Government have explicitly rejected. If Members look at the Order Paper, they will see that it states:

“The Scottish Parliament and Senedd Cymru have each decided not to approve a Legislative Consent Motion relating to this Bill.”

How is this respecting the devolution settlement? This Government legislated to protect Sewel on statute, but now they are riding roughshod all over it.

[Paul Scully]

The Sewel convention envisages situations such as this, where the UK Parliament may need to legislate without consent. We regret the fact that the Scottish Parliament has chosen to do that, but the Bill is essential for protecting businesses and citizens across Scotland, and across the whole of the UK, as the transition period ends.

UK Exit from the European Union

Debate between Patrick Grady and Paul Scully

Monday 17th October 2016 Westminster Hall

[Paul Scully]

The great repeal Bill will effectively domesticate all European law. There is a lot of legislation, so after that it will be up to Parliament over time to decide what to do with it. That is very much a role for Parliament.

[Patrick Grady (Glasgow North) (SNP)]

Of all the European regulations that the great repeal Bill will incorporate into UK law, which does the hon. Gentleman most look forward to reforming or eradicating?

[Paul Scully]

What I really look forward to is being able to take control and make the Government accountable, so that we can look our electorate in the eye and say, “You know what? If you don’t like what we’re doing—if you don’t like the legislation we are pushing through—we are not going to sit there and blame Brussels, or any number of presidents who sit in Brussels and Strasbourg. It is our responsibility; we are accountable to you.” That is what I most look forward to: taking control.

--- Later in debate ---

[Paul Scully]

Does the hon. Gentleman agree that there was an opportunity for a vote following the Opposition day debate last week? I made a bit of an effort to get here—from Strasbourg, ironically—to find that the Opposition had dealt away their right to a vote.

[Patrick Grady]

I am not privy to the usual channels, but I know that several colleagues were travelling here, and several of us were trying desperately to get away for our party conference. For some reason, people in this part of the world seem to think that the party conference season has finished before it actually has. There was a certain amount of confusion about whether there would be a vote last Wednesday afternoon, but perhaps we will have one some other time.

Three key points have arisen from the debate and the petitions that we are considering: when and how to invoke article 50 and Parliament’s role in that; the repeal of the European Communities Act 1972 and the question of a hard or soft Brexit; and the question of an independence day, which perhaps gives us an opportunity to consider in a bit more detail the role of Scotland and the other devolved nations.

On the question of when and how to invoke article 50, we were originally told that it would be triggered on 24 June 2016. That was the UK Government’s position going into the referendum, and that was abandoned by the Prime Minister without any shame whatever as he resigned that morning. We can therefore probably understand why, when the new Prime Minister says that article 50 will be invoked by the end of March 2017, several Members—and probably the public at large—might take that with just a pinch of salt. We might have to wait for the court case that was mentioned to come to an end before we know whether it is entirely possible for the Government to trigger article 50 under the royal prerogative.

The question of parliamentary approval for the article 50 process is very real. I believe in the popular sovereignty of the people of Scotland, but I well understand the frustration of Government Back-Benchers who thought they were taking back control only to find that it appears to have been handed directly to Ministers without any opportunity for the House to have its say. There seems to be a clear consensus that the broad outline of the Government’s negotiating position should be brought to the House before the article 50 process begins. We keep hearing Ministers say, “We don’t want to show our hand and give away our negotiating strategy.” Stating the objectives of a negotiation is not the same as stating the negotiation strategy. Perhaps the real reason why the Government have not set out their position is that so far they simply do not have one.

That brings us to the bigger question of what the Government’s negotiating position should look like. That is the question of a hard Brexit or a soft Brexit—or as I heard on the radio last night, a “clean” Brexit, which apparently involves withdrawal from the single market. I suppose that means there must be the option of a messy Brexit, too. We have also heard about a full English Brexit and a dog’s Brexit, so I expect that in the not-too-distant future there will be scrambled, poached, boiled and fried Brexits on offer as well. For Scotland, of course, it will be a deep-fried Brexit to go along with the Mars bars.

In any event, parliamentary debate and scrutiny is so important because the leave campaign gave us no prospectus for what Brexit would actually look like, beyond a bus with a promise that £50 million a day would be spent on the national health service. It is all too clear that the UK Government had done absolutely no preparation whatever. The only certainty and clarity in the debate about Brexit has come from the Scottish Government, whose position stands in contrast with the UK Government’s chaos and confusion. That position was outlined again by the First Minister of Scotland at the Scottish National party’s conference this weekend. There is no mandate for any part of the United Kingdom—certainly not Scotland—to be taken out of the single market. The Foreign Secretary apparently told the Foreign Affairs Committee that many people do not understand the term “single market”. That possibly includes him, given the press coverage that has been referred to during this debate. Anyone can access the single market; the key question is whether we are inside or outside—whether we are trading with the single market or within the single market. Those are two very different issues.

That is also why freedom of movement, which is the subject of one of the petitions, is so important and needs to be protected. In Scotland, our problem has been emigration, not immigration. We are clear that we want to welcome all those who can contribute to our society, and more importantly, that those who are already here are valued and welcome to stay.

The Government say that the European Communities Act will be abolished through a great repeal Bill. The First Minister of Scotland made it clear at the weekend that SNP Members of Parliament will vote against that Bill when it comes to the House. The mandate that I have from 78% of voters in Glasgow North and 62% of voters in Scotland is for Scotland to remain in the European Union. The Scottish Parliament will of course be required to give its assent to any Act passed by this Parliament that affects its powers.

The hon. Member for Foyle (Mark Durkan) raised many important questions about the impact of Brexit on the devolved powers of the different Assemblies and Parliaments across the United Kingdom. My right hon. Friend the Member for Gordon (Alex Salmond) made the point in the main Chamber last week that the principle of devolution to Scotland is that anything that is not reserved is devolved, so it stands to reason that once all the powers held by the European Union come back to the United Kingdom, they should be devolved to Scotland. The Secretary of State for Exiting the European Union was not able to respond to that point in the Chamber last week, and I do not know whether his Minister is any more prepared to do so at this stage.

As has been clear from the debate, the great irony of the great repeal Act is that the first act of taking back control will give a democratic mandate for, and enshrine in UK law, all the hated regulations that the Brexiteers have campaigned against for so many years—regulations that protect our beaches, our air quality and, indeed, as the hon. Member for Great Grimsby said, all our workers’ rights. While Brexiteers might delight in the thought of eventually getting to unpick those regulations, when it came to what was actually going to happen, it was pretty thin gruel: it was various tweaks to VAT on sanitary products, some of which could probably have been done by negotiating a derogation in the first place. The notion of a two-tier VAT system will be very interesting to manufacturers in other parts of the world who want to import their goods to the United Kingdom.

[Paul Scully]

On the so-called tampon tax, I heard the hon. Member for Darlington (Jenny Chapman) say, from a sedentary position, “Is that it?”. The point is that the then Chancellor of the Exchequer faced a near parliamentary rebellion on the issue, and then had to take it to the European Union Finance Ministers and wait six months. Then the Prime Minister had to go to the Committee of Ministers with a begging bowl, effectively—and still there was not a result on that single, small issue, which should have been so simple to resolve. That shows why it is important to invoke article 50 and take back control.

[Patrick Grady]

Some of that is about the political will of the UK Government. As the hon. Gentleman said, they took those actions only after coming under massive amounts of parliamentary pressure here in the House of Commons.

Non-EU Citizens: Income Threshold

Debate between Patrick Grady and Paul Scully

Monday 7th March 2016 Westminster Hall

[Patrick Grady]

Absolutely. An ageing population and a declining birth rate have disproportionately affected Scotland and various regions of the United Kingdom. That goes back to my point about immigration policy being designed to placate voters and political parties in parts of the country that do not have such a situation.

Bodies in a number of sectors have expressed a wide range of concerns about the policy. The Government have responded to some extent to the concerns expressed by the Royal College of Nursing and others about the impact on the health service, but my understanding is that the proposal to put nursing into a skills shortage category will be temporary, with no guarantees about what might happen in future.

We have heard about the impact on other sectors that rely on special skills but do not necessarily pay above the £35,000 threshold. My background is in the international development charitable sector. People come to that sector with a whole range of skills and experiences, but £35,000 is a pretty high salary in such a field.

We have heard quite a bit about the catering industry. I was reminded of a video that was doing the rounds on social media at the weekend: the famous Rowan Atkinson sketch from the 1980s in which he speaks as a Conservative politician saying, “Well, you know, we welcome these people from different parts of the world, and they brought us exotic cuisine such as curry, but now that we’ve learnt the recipe, there is no real need for any more of them.” That was supposed to be satire, yet here we are hearing exactly that sort of sentiment expressed by today’s Tory Government.

I have just come from the all-party group on music’s live music briefing. Our creative sectors benefit hugely from people being able to come into the country to share their expertise, drawing on our rich cultural heritage and bringing their own. Again, £35,000 is a significant salary in those sectors, especially in the early years of work. My hon. Friend the Member for East Renfrewshire (Kirsten Oswald) made a point about churn in such sectors. As a result of the policy, people might come for five or six years and then have to leave, only to try to come back 12 or 18 months down the line.

[Paul Scully]

Does the hon. Gentleman agree that whether it is in the catering industry, the music industry or any other industry, the Government’s default position on lower-paid jobs should be to train our own people first, and then to attract the skills we need beyond that?

[Patrick Grady]

Yes, but those things need not be contradictory. People can come here with specific skills, and learn, develop and share their skills in different ways. The system will allow people to be here for five or six years precisely to develop professional skills and, hopefully, work their way up the ladder, but if they do not meet the arbitrary threshold they will face having to leave the country, forcing potential employers to start again, ultimately with more cost. The Government’s paper on the issue, signed on 14 March 2012 by the Minister who was responsible at the time, states that there will be a reduction

“in economic output—estimated at £181m to £575m over 10 years”.

Even the Government’s own estimate is that the policy will have a negative impact on the economy, but clearly they believe it is a price worth paying to hit their arbitrary target.

The impact on the economy, society and culture as a whole is important, but so is the impact on individuals. I suspect that all of us—certainly all SNP Members—have had constituents in similar circumstances. If they are not directly affected by the income threshold, they are certainly victims of other pernicious aspects of the UK Government’s immigration policy.

The first time I was drawn to ask a question in Prime Minister’s questions—in fact, the only time—I raised the case of my constituent Steve Forman. I do not expect the Minister to have the details in front of him, but Dr Forman is a highly skilled musician, percussionist and teacher at the Royal Conservatoire of Scotland. He did not meet a particular income threshold, so he was being forced out of the country. He was not costing the taxpayer a penny. He was earning an income on which he was paying tax. He has access to a private income from his considerable years of work and experience around the world. He was a musician for David Bowie, among many of his contributions, yet the Home Office saw fit to try to deport him. That is what is costing the taxpayer money. A fortune is being spent on appeals, tribunals and further legal processes. My constituent could have been allowed to stay in the country. He is still here, but with a massive question mark over his appeal, which seems to be snarled up. I do not expect an immediate response from the Minister, but a letter telling us where we are with his case would be much appreciated. That is but one of the many examples that come to our surgeries daily.

Immigration is essential to the strength of our economy and greatly adds to the social and cultural fabric of the country. This proposal is, sadly, one more aspect of an ideologically driven Tory policy that is all about pulling up the drawbridge irrespective of the needs of the economy and society across the United Kingdom. When I raised the case of my constituent at Prime Minister’s questions, I said that if the UK Government did not want to introduce an immigration policy suitable to Scotland’s needs, they could devolve immigration powers to Scotland and let us develop a policy that would work in Scotland’s interests.

Our vision is of a fair and sensible system of managed migration, with a measured strategy to make the most of the huge benefits that immigration can bring to the UK and Scotland. That stands in stark contrast with the Conservative approach. I have no doubt that we on the SNP Benches will continue to stand up for that, whether in Westminster Hall or during discussion of legislation on the Floor of the House.