Sewel Convention

Peter Grant Excerpts

Monday 18th June 2018 Commons Chamber

[Ian Murray]

I think that it would be constructive. If this process has shown anything, it is that the inter-governmental relationship between two Governments when they are of different colours does not work. The consequences of it not working is not that the Secretary of State cannot get what he wants, or that the First Minister cannot get what she wants, but that it is bad for the people of Scotland. We cannot have an orderly withdrawal from the EU—if that is what happens and let us not get into the issues of whether or not we will leave the EU; I have my own views—unless we have a proper structure in place where both Governments can be confident, and the people of Scotland can be confident, that both Governments can work together. It is in both Governments’ interests to fight over these particular issues, because they cannot resolve some of the major problems with regards to leaving the European Union. Therefore, a fight between flags, between the Conservatives and the Scottish National party, suits both political agendas down to the ground while every other issue ends up being on the agenda.

[Peter Grant (Glenrothes) (SNP)]

rose—

[Ian Murray]

I will not give way, because we will run out of time. I would hate it if the hon. Gentleman had to walk out because he was not able to get his say in this particular debate.

I will make two other brief points. I think that we are all in the same place in this Chamber in terms of what we want to try to achieve. If we leave the European Union, we want to be able to have a legislative framework in front of us that works for the things that we need it to work for. It is quite clear from the people who speak to me that we cannot have different frameworks with regards to the movement of animals across the UK, because we need the UK internal market to work. We cannot have different food labelling or we will have a situation like I have in my constituency where we have a wonderful Mexican deli which imports all this stuff from Mexico but has to relabel it with all the different labels. We could not possibly have that situation, so we do need some UK-wide frameworks that work and operate for the UK internal market. It is not in the SNP’s interests to make that work, because it wants out of the UK internal market. That is part of the problem that we have here with the politics. It comes down to the nub of the issue, which is: are the UK Government right on this particular issue? I do not think they are. They could have gone much further and they have made a hash of it and they are architects of their own misfortune. But are the SNP Scottish Government willing to move to be able to get an agreement on this? I think the answer to that is no. In the absence of two parties that are willing to talk to each other or willing to compromise, where does it leave us in terms of the overall devolution settlement?

I will finish on this. When he set up the Sewel convention, Lord Sewel said quite clearly that it should not be used for major policy issues on which there is a major political disagreement, and we are seeing that play out now. I do not know how we can get to a place whereby the Scottish Government can give this a legislative consent motion. I suspect that if clause 15 and schedule 3 were deleted from the amended Bill, they would still not give the legislative consent motion because it is not in their interests to do so. In the absence of two Governments willing to work together, how do we get to a position where this Bill can be passed and the Scottish Government can say that they will give it legislative consent? This is no power grab and it is no powers bonanza. Both Governments should tone down the rhetoric, get back round the table and think seriously about making sure that the JMC operates properly in the future and that it is transparent about its minutes and agendas.

--- Later in debate ---

[Peter Grant]

I hear the right hon. Gentleman’s disgust at the idea that someone could walk out of the House of Commons in protest at a decision they feel strongly about. Can he tell us how many times he has been part of walkouts in the House of Commons?

[Mr Carmichael]

I have indeed been part of walkouts. I am grateful to the hon. Gentleman for giving me this extra minute, because it will not take the full minute to explain it. It was not perhaps the finest example of my parliamentary career, and if the SNP had been wise, they would have learned from my mistakes. They will now have to learn from their own.

The question of the frameworks is at the centre of this. The time we have left is ticking down quickly, and there is still no mechanism by which these frameworks will be agreed. My suspicion is that the Whitehall default is that it will have the final word. Clearly, that will not be good enough. If our Governments cannot decide on a mechanism between them, my suggestion to the House tonight is that it is for us as parliamentarians to come up with that. I do not have all the answers to this, but we already have mechanisms in our Standing Orders through which these things can be discussed. God forbid I would ever want to go back to us hosting the Scottish Grand Committee, but that is one forum in which we might reasonably expect to debate these things, on amendable motions, to reach a common position on which we can all ultimately agree.

As I said earlier, it is apparent that one weakness of our constitutional settlement is that we have no mechanism for Parliament to speak to Parliament. All the mechanisms are about Government speaking to Government. The other weakness of our constitutional settlement is that there is no mechanism for an honest broker in the middle of disputes between the Governments. That is where we now need to focus our attention. We need to move away from this mix of black letter law and constitutional convention, and ultimately, everything should be written down in a constitution.