Retained EU Law (Revocation and Reform) Bill

Pete Wishart Excerpts

2nd reading
Tuesday 25th October 2022 Commons Chamber

[Jonathan Reynolds]

My hon. Friend is an expert in such matters and she is absolutely right to highlight those concerns. That is what the Bill is about. It is not about Brexit—Brexit has happened; it is a fact. For most people, there is no appetite to revisit those arguments. Although many people have strong views on how it has been done and how the Government have not delivered on the promises that they made—I understand that—the task for us in the House is to get on and make it work. It is therefore important to recognise that the Bill is not about whether people think Brexit was a positive or negative thing. It is about whether we wish to give the Government the power to sweep away key areas of law that are of great importance to all our constituents with no scrutiny, no say and no certainty over their replacements. Put simply, do we wish to bring more Conservative confusion and chaos into the British economy?

[Pete Wishart (Perth and North Perthshire) (SNP)]

We now know that Labour is a party of Brexit, no different from the other major party of Brexit, but how on earth do we make something that is unworkable work in the way that the hon. Member describes? Brexit is not a political strategy; it is an ideological venture and mission. He may have given up on getting back into the European Union, but we on the Scottish National party Benches certainly have not.

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[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

I was elected to this place on a prospectus for Scotland’s independence, which is a completely legitimate argument. When the right hon. Member for North East Somerset (Mr Rees-Mogg), who is no longer in his place, made his remarks about the value of democracy, they rang rather hollow in my ears. Although I respect England’s democratically expressed right to vote for Brexit and withdraw from the EU, I do not accept, as the Government and Opposition Benches do, that holding Scotland’s democracy hostage is somehow acceptable—it is absolutely not. The legislative process being considered this evening has been conducted without the consent of the Scottish people. It has not been consented to by our Parliament and it was not consented to in the referendum that was held. Although I do respect the right of withdrawal from the EU, it is disingenuous, at the very least, for the very people who embraced withdrawal from the EU to deny Scotland the right to withdraw from this Union.

Secondly, part of the agreement between the Kingdom of Scotland and England that led to the treaty of Union was that any law change should be to the “evident utility” of the people of Scotland. That is set in the articles of Union, and I see nothing in the Bill that is for the evident utility of the people in my Kirkcaldy and Cowdenbeath constituency. Scotland entered this Union through the coercive influence of the English Alien Act 1705 and the financial enticements of Scottish MPs who were bought and sold for English gold, to the outrage and consternation of the Scottish people. There was rioting in the streets and the Act of Union was burned in various towns.

Scotland’s 62% vote in the EU referendum in 2016 is often dismissed, as our history is often dismissed, as irrelevant to the modern era because we voted as one country. But the Act of Union 1707 created one state; it did not create one nation. Scotland is a country, and it has always maintained its identity as a country, even with the UN. From the declaration of Arbroath to the claim of right, it is the people of Scotland who are sovereign, not a Parliament and not a regent. That is a fundamental difference between Scots law and English law. Scots law is underpinned, in the common law, by the claim of right, whereas English law, and many other jurisdictions, is underpinned by Magna Carta. There are two Unions—there was the Union of the Crowns and, 100 years later, there was the political Union—but there was never a territorial union. Scotland is a separate and distinct people and country. The importance of the claim of right was best demonstrated most recently when King Charles acceded to the throne and had to swear to uphold the claim of right.

Despite some of my former colleagues being elected in 2016 on the basis of offering an independence referendum if Scotland were taken out of the EU against its wishes, subsequent elections have happened and no referendum has been brought forward. Despite pronouncements in this place and tough words in other Chambers, no referendum or preparations for a referendum have been forthcoming. Scotland has now been taken out of the EU against her wishes.

[Pete Wishart]

I do not know if the hon. Gentleman is not paying attention, but has he not noticed, and does he not recognise, that there is going to be a referendum in November next year? I know that Alba represents about 0.7% of all voters across Scotland, but at least they could start to pay attention.

[Neale Hanvey]

I thank the hon. Gentleman for that intervention, and if he paid attention he would know that the last poll put us on considerably more than 0.7%, which I know he loves to trot out on Twitter along with his usual offensive messages.

This legislative programme gives nothing to Scotland, and it will undermine the preparations that the Scottish Government are supposedly making to rejoin the EU. We now know what the United Kingdom Internal Market Bill was for. It was to facilitate the destruction of the devolution settlement, and that cannot stand. Alba’s position is that Scotland should join the European Free Trade Association immediately after our Parliament acquires the competencies to sign international treaties and abide by them. That would give us access to the European economic area immediately, and give us free trade with the EU. It would also solve cross-border trade with the UK, because the UK already has an arrangement with EFTA. EFTA membership could be negotiated in weeks rather than the years that it will take for the EU process to complete, and which would leave Scotland in the wilderness. It is essential that EFTA is back on the table for the Scottish people to consider.

We would also bring forward a written constitution by which Scotland will govern itself, and work with the variety of groups that have already brought forward developmental pieces of work on that. We consider that a series of citizens’ assemblies would be much better placed than a Committee Room upstairs to consider the laws that apply to the Scottish people. When the people are free and independent, they must fashion the instruments with which they are to govern: the divisions of powers, the extent of those powers between the Parliament and the Executive, the franchise, the electoral system, the judiciary and its appointment, the relationship between Government, police and people, and the principles and values that describe us as the nation we want to be seen to be on the international stage.

The written constitution should start from the principle that the people are sovereign, in keeping with Scottish constitutional tradition. That would offer us greater economic and social stability than being shackled to a failing, visionless political Union and this tawdry Bill. It is incumbent on all independence-supporting MPs to act in concert through a constitutional convention, to define the means to take us out of this dreadful Union.

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[Pete Wishart (Perth and North Perthshire) (SNP)]

It is like the old days, is it not? I was going to say the good old days, but they were not all that good. Remember the endless blue-on-blue, Tory-on-Tory Brexit wrangling with nobody being able to make up their minds about the way forward. We have had a little of that, and I thought it was going to get quite serious when the right hon. Member for North East Somerset (Mr Rees-Mogg) seemed to be squaring up to the hon. Member for Gloucester (Richard Graham)—I almost saw top hats at dawn. Thank goodness that they were able to back down and come to some sort of a reasonable conclusion.

Here we are once again debating Brexit: the issue that never goes away. You would expect nothing else, Mr Deputy Speaker, but I will put my cards on the table: I think that this is an awful Bill. It is a dreadful Bill. In fact, it is a Bill conceived, drafted and prosecuted in their ongoing ideological Brexit frenzy, ridding the UK of any vestiges of their hated EU. In fact, I would call it a vindictive Bill—more of a vendetta than a piece of legislation. And like all desperate ideologues, all traces of the ancient regime must be obliterated. Everything must be erased. Year zero must be established. We are getting three year zeros, but I think the one at the end of 2024 is the year zero for when all of Brexit is finally banished and we have the sovereignty that they claimed we were always going to have but never actually quite aspired to.

And so, this Brexit exercise in self-harm goes on and on and on. It is the ideological battle that never ends. I get the sense that nothing will ever satisfy them. Their insatiability for things Brexit and EU will never actually be met. They are almost like the Bolsheviks in the 1920s prosecuting their permanent revolution. I suspect that once we are concluded with this Bill and it is on the statute book, they will get around to digging into the earth’s core and start to geologically separate this island just that little bit further from mainland Europe.

The thing is that everybody is coming to the conclusion that their Brexit is a disaster. Anybody and everybody is beginning to tell them that. Even their friends are telling them that. I never knew anything about this guy, Guy Hands, but he is extolling them to

“admit the public was lied to”.

He is saying that they should renegotiate a new deal with the European Union. He says:

“The first thing to do would be to admit that the Brexit negotiations were a complete disaster”.

I do not know this Guy Hands, but I suspected he might have been some sort of tofu-munching Liberal Democrat, with all due respect to my Liberal Democrat friends, but apparently he is the Tories’ biggest donor and even he is saying that Brexit must be renegotiated.

As this disaster unfurls, is it not so disappointing to see the Labour party embracing it? The Labour party is becoming another party of Brexit. But it is okay, Mr Deputy Speaker, because it is going to make Brexit work! Are we not all relieved about that, then? The thing is, and I say this candidly to my colleagues on the Labour Front Bench, is that they cannot make Brexit work. In fact, it is designed not to work. Brexit was never a political strategy, so it cannot work. Brexit is an ideological venture driven by those guys over there on the Conservative Benches, founded by and predicated on British exceptionalism, the exclusion of others and an almost pathological hatred of everything European. But Labour is going to make it work! It is actually going to make it work without revisiting the single market or reinstating freedom of movement. It is going to make it work almost identically to the Brexit ideologists.

Labour may have given up on getting back into Europe, but those of us on the SNP Benches will never give up on our European ambitions. We will lead an independent Scotland back into the European Union. We are a European nation which values our EU membership, which voted to remain and aspires to return. With Scottish independence, we will put Scotland back into the heart of Europe in line with the wishes of the Scottish people.

This is the first day of the third Government in three weeks or four weeks—a few weeks, anyway. Was it not just a perfect opportunity for them to reconsider, pause, rethink and assess whether all of this is working? I went online the minute I got up very early in the morning to have a look to see if the Second Reading debate on the Bill was still on the Order Paper. To my great surprise it was, because I thought they would have taken this opportunity to reset and have a think about their European relationship. But not a bit of it. What we find is that the Sunak Government are the same as the Truss Government, the same as the Johnson Government and the same as the May Government. They are all Brexit—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Not only is the hon. Gentleman going a bit wide of the Bill, but he is mentioning current serving Members by name which he must not do. He has been here long enough. He knows.

[Simon Hoare (North Dorset) (Con)]

Too long!

[Pete Wishart]

I heard, Mr Deputy Speaker, from a sedentary position, “Too long!” I am trying to resolve that—help me out. I want to be part of an independent nation. The hon. Gentleman and his friends could help in that ambition.

[Simon Hoare]

I am told that the Chiltern hundreds are beautiful at this time of year.

[Pete Wishart]

I hear the Scottish highlands are even more beautiful, but we might debate that one at some other point.

This Bill will drive a coach and horses through the devolution settlement. Combined with the United Kingdom Internal Market Act 2020, we are beginning to reach a crescendo in the assault on Scottish democracy and our parliamentary democracy. The joint pincer movement of the internal market Act and the Brexit regulations means that the Government are now almost entirely free to legislate at their leisure on Scottish devolved issues—issues that are the responsibility of Scottish Government Ministers and within the purview of the Scottish Parliament. The fact that the Government can legislate at leisure and at will is a threat to our Parliament.

I say gently to Government Members that what has happened has been a disaster for them. The idea of aggressive, muscular Unionism having any sort of resonance with the Scottish people has not worked. If there is an early general election—let us hope that there is—they will find that out to their cost with the loss of nearly all their Scottish Members.

I can see you exhorting me to finish, Mr Deputy Speaker, but let me say this about the Bill. I do not think that we have ever seen such a nasty, awful piece of legislation come before the House. Given that 2,500 pieces of legislation have to be looked at, doing away with all the EU regulations means that the House will be endlessly debating this stuff. Why not leave it alone? Take this opportunity to reset and rethink. Dump this dreadful Bill. Let Scotland become an independent nation—and then everybody will be happy.