All 3 Ross Thomson contributions to the European Union (Withdrawal) Act 2018

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Mon 11th Sep 2017
European Union (Withdrawal) Bill
Commons Chamber

2nd reading: House of Commons
Mon 4th Dec 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 4th sitting: House of Commons
Tue 16th Jan 2018
European Union (Withdrawal) Bill
Commons Chamber

Report stage: First Day: House of Commons

European Union (Withdrawal) Bill Debate

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Department: Ministry of Justice

European Union (Withdrawal) Bill

Ross Thomson Excerpts
2nd reading: House of Commons
Monday 11th September 2017

(7 years, 2 months ago)

Commons Chamber
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Stephen Kerr Portrait Stephen Kerr
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson (Aberdeen South) (Con)
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Will the hon. Gentleman give way?

Stephen Gethins Portrait Stephen Gethins
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I shall come to both hon. Members shortly—they will have ample opportunity.

The Government’s approach was rejected in June, and we should all be mindful of the fact that what has been delivered in its place is a Parliament of minorities. That is commonplace at Holyrood. It is something that we had to get used to, and it is something that we shall all have to get used to. A Parliament of minorities is clearly a challenge for the Government, but it is a challenge for the Opposition as well, because we must all show that we are willing to work in a constructive way if the Government are willing to listen. That is not easy for us. The SNP remains committed to Scotland’s membership of the European Union. I want to see Scotland as an EU member state, and I am proud that Scotland voted overwhelmingly to support that. However, given the devastating impact of the Government's lack of strategy, it is up to this Parliament, and all parliamentarians, to step up to the mark.

The mess that we are in is not entirely the Government’s fault. I think that Vote Leave bequeathed that mess by presenting a blank piece of paper, which means that it is up to us to try to fill in those many, many blanks. Having said that, the Government have had five months since they triggered article 50 and 15 months since the EU referendum. Ministers bear culpability for the present situation, but Ministers who were part of Vote Leave bear particular culpability. For instance, there is the Secretary of State’s own yardstick:

“I would expect the new Prime Minister on September 9th to immediately trigger a…round of trade deals”.

Where are they? In the face of such chaos, all Members have a responsibility—each and every one of us. We need to put our differences to one side.

There is scope to do that, as we have put together a compromise. On this anniversary of devolution, I want to pay tribute to the Labour party and Plaid Cymru, which were able to put aside their differences and to try to come up with a common position. I know it was not easy for Members of both parties to do it, but they did, and full credit to them both for doing so. The Scottish Government put together a committee of experts to come up with a compromise, and I note that in the aftermath of the referendum—here is the cue for Conservative Members—Scottish Labour and the Scottish Conservatives called for retaining membership of the single market. In fact, the Scottish Conservative leader—who knows, maybe the future Westminster Conservative leader—said:

“Retaining our place in the single market should be the overriding priority.”

I would certainly hope that Ruth Davidson’s Conservatives will do the right thing and stand by their leader. I wonder if they are Ruth Davidson’s Conservatives or Theresa May’s Conservatives when it comes to this—they are staying seated, saying nothing whatsoever.

The Bill also represents one of the biggest power grabs that we have seen. I note that one MP said—

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Ross Thomson Portrait Ross Thomson (Aberdeen South) (Con)
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Let us cut through the political smoke and mirrors that we have heard in this debate and be clear about what the Bill actually sets out to do. On the day the UK leaves the EU, we need to be ready and prepared to take back control of all the laws and regulations that for the last 40 years have been entirely controlled by Brussels. This Bill enables us to carry out the express will of the people, following through on their instruction to end our membership of the EU. To oppose the Bill now is to oppose that fundamental principle and constitutes an act of betrayal against the referendum result and the will of the people, who we trusted to make the decision on our EU membership.

I am in no way surprised that SNP Members want to use the Bill to thwart Brexit. True to their nationalist politics, the SNP hailed the votes of 1.6 million Scots as meaning that Scotland voted remain—they were Scotland’s voice. Meanwhile, the votes of over 1 million Scots were simply airbrushed out of the picture altogether. Members of this House might not be aware that 400,000 of those leave voters in Scotland were SNP supporters. Following the recent logic of Scotland’s own Brexit Minister, Mike Russell, in evidence to committee, the 400,000 SNP leave voters, not to mention SNP leave MSPs, are somehow hostile to devolution. On the day that we mark the 20th anniversary of the referendum to create the Scottish Parliament, Mr Russell’s remarks are yet another incredible attack, although this arrogant dismissal of the 1 million Scottish leave voters follows an SNP pattern of trying to portray them as simply not existing.

Leaving the EU will make Scotland’s Parliament inherently more powerful, with new powers over areas that the EU currently legislates in. Not only does the SNP position on new powers show how truly brass its neck is; it shows the shameless depths of scaremongering that the SNP will delve into to play constitutional tricks, fuelled by their politics of division. By voting against the Bill, the SNP will vote against more powers for Holyrood and against Nicola Sturgeon and her Government’s making more decisions in Scotland. Though, to be fair, I cannot blame Nicola’s Westminster colleagues for not wanting more powers for Scotland, given the Scottish Government’s dreadful performance on education, health and the economy, after nearly a decade in power. Given that track record, I can see why those on the SNP Benches are feart to give Nicola Sturgeon more power. Naturally, they want to hold on to their seats here.

I listened to the hon. Member for Glenrothes (Peter Grant) on Monday railing about how the people of Scotland are sovereign and that that needs to be protected against some imaginary Westminster power grab. Where was the SNP’s belief in sovereignty over the last 40 years, when laws were imposed on the people of Scotland by the EU without debate in this place or, in the last 20 years, in Holyrood? No option for debate, no option to amend, no option even to reject—where was the SNP’s concern for sovereignty then? Given that the SNP still wants the EU to retain those powers, its current argument is simply absurd. This Bill delivers our exit from the EU and it will make Scotland’s Parliament stronger. The decision that the SNP faces is: will it be stronger for Scotland or will it maintain its stance of being only stronger for Brussels?

Finally, for all those seeking to block the Bill, let us be absolutely clear. In frustrating the process, they are dismissing the voice of the public by not carrying out their instruction, and in doing so, they serve only to feed the voter disaffection with the democratic process and their distrust in politicians. There is more debate and argument to come in this place, and rightly so. However, at this stage Parliament should be uniting on the principle of this Bill. I urge Members to support it.

European Union (Withdrawal) Bill Debate

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Department: Cabinet Office

European Union (Withdrawal) Bill

Ross Thomson Excerpts
Committee: 4th sitting: House of Commons
Monday 4th December 2017

(6 years, 11 months ago)

Commons Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 4 December 2017 - (4 Dec 2017)
Ian Murray Portrait Ian Murray
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I pay tribute to the hon. Member for East Renfrewshire (Paul Masterton) for his contribution. His sensible approach to the Bill shows that, while we may not reach a consensus across the parties on some of these issues, we can make the Bill better, which is why we are here. The dogma with which the Government have approached the UK’s withdrawal from the European Union and the Bill will shape many aspects of how the UK operates for generations to come. I wish that more Members had the attitude of the hon. Member for East Renfrewshire as the Bill goes through Parliament.

The hon. Gentleman wants assurances about amendments 164 and 165, which I tabled, but I say gently that the best way for him to get them would be for him and his colleagues to wander through the Lobby with the Opposition tonight and put the amendments in the Bill. That would ensure that Ministers would get the message that the current drafting of clause 11 is incorrect.

I shall speak to amendments 164, 165, 177 to 181, and 189 to 195, all of which I tabled. I appreciate that many are consequential to my main amendments, 164 and 165, and that a number will be for decision on another day. Amendment 42, which was tabled by my right hon. and hon. Friends on the Opposition Front Bench, is much better drafted than mine—I wish I had said that two weeks ago in the customs union debate. It will probably be the one that is carried as it covers Northern Ireland, which I missed out because of the constitutional difficulties there.

I would like to take a few moments to pay tribute to the former Member for Lanark and Hamilton East, Jimmy Hood, who died last night. We send his wife, Marion, and his wider family all our very best thoughts and wishes in the days to come. Jimmy was a close friend of mine and of this House. He was a great source of advice, and indeed fun, particularly in the Tea Room. Perhaps I should move on to the amendments before I tell any of those stories from the Tea Room, as they may not be over-appropriate for this Chamber.

Two weeks’ ago, in the debate on the Ways and Means motion with regard to the customs union, I put it to the Scottish Conservatives that all Members in this House try their very best to represent the views of their constituents, and of those in our wider geographical areas, including our nations of Scotland, Northern Ireland, Wales and England, as well as the wider United Kingdom. The Conservative party’s leader in Scotland trumpeted the outcome of the 2017 general election in Scotland by heralding it as 13 Scottish Conservative Members of Parliament coming to this House to stand up for and to defend the interests of Scotland. In the context of the Bill, the only Scottish Conservative Member to do that so far—he has demonstrated it today and in previous votes—is the hon. Member for East Renfrewshire. One therefore has to ask: are the Scottish Conservative MPs here under the flag of the Scottish Conservative leader, Ruth Davidson, or under the flag of the Whips Office of the UK Government? I suspect it is the latter.

Ross Thomson Portrait Ross Thomson (Aberdeen South) (Con)
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Will the hon. Gentleman give way?

Ian Murray Portrait Ian Murray
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I will be happy to take the hon. Gentleman’s intervention if he tells us whether he is standing up for the interests of Scotland or the interests of his Chief Whip.

Ross Thomson Portrait Ross Thomson
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That is absolutely the case. That is why there are 13 Scottish Conservative MPs and only seven Scottish Labour Members. Indeed, a number of my colleagues are in their place on the Conservative Benches, whereas the hon. Gentleman seems to be the sole Scottish Labour Member in the Chamber. I think that the Scottish Conservatives are doing well in standing up for Scotland.

Ian Murray Portrait Ian Murray
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I think the hon. Gentleman has just demonstrated that he will be voting with the UK Government Whips this evening against the wishes of the Scottish people and against the will of the Scottish people expressed in the referendum. When Ruth Davidson is asked about the 13 Scottish MPs, she always says that they are here to fight Scotland’s corner, but it is quite clear that they are not going to fight Scotland’s corner on these clauses.

I wish briefly to mention new clause 65, which relates to the Joint Ministerial Committee. I have long tried in the House to strengthen the case for the JMC. One of the key aspects of the original Smith commission, which was established on a cross-party basis following the independence referendum in 2014, was to strengthen intergovernmental relationships so that such issues could not occur. I was disappointed, however, during our 2015 deliberations on what became the Scotland Act 2016, when the Government rejected our amendments aimed at strengthening that relationship. The conclusion of many commentators is that weak intergovernmental and inter-parliamentary working is causing some of these problems.

In his final report, back in 2014, Lord Smith of Kelvin said:

“Throughout the course of the Commission, the issue of weak inter-governmental working was repeatedly raised as a problem.”

That has been a common thread throughout many of the documents we have seen. The Public Administration and Constitutional Affairs Committee, which produced a report on clause 11, mentioned at great length how impenetrable and difficult it was even to determine what the JMC was discussing, what its final conclusions were, and when it was meeting. Its meetings are sporadic, and when a committee is private and produces minutes that are very sparse, the politics take over. It is clear that the UK and Scottish Governments, being different colours—blue and yellow—will never agree in the political sphere, so the JMC is diluted to a political argument and unable to achieve what it is trying to achieve.

I intervened on my hon. Friend the Member for Darlington (Jenny Chapman), during her wonderful speech to talk about the minutes of the JMC. The October minute from the JMC was two pages long. One and a half pages dealt with who attended and who provided apologies, and there was then a skeletal explanation of what was discussed and no real conclusions. The JMC has to be put on a statutory footing along with the parameters required to make it transparent to the public and this House. That is why we should support new clause 65, as it would give us some understanding of the processes of the JMC.

We are heading for a constitutional crisis. We have a Conservative party threatening the very fabric of the United Kingdom just after the people of Scotland decided that the UK should stay together. We have the farce of today’s events: first the Prime Minister and the Downing Street spinning that a deal is close; then, with the Prime Minister barely through her soup with Donald Tusk, Downing Street backtracking as quickly as possible from those briefings; and then, with one phone call, the leader of the Democratic Unionist party, who controls the Government—the de facto Prime Minister—pulling the rug from underneath the feet of the Prime Minister, who then turns her back on something that it was thought had been negotiated and agreed.

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Christine Jardine Portrait Christine Jardine
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My right hon. Friend makes a very good point. That is yet another example of how this Government are undermining the United Kingdom at every turn.

For Opposition Members, the drive is to protect the devolution settlement and potentially the stability of the United Kingdom. There are a number of other amendments that are similar to ours which we are happy to support, and we will not press ours to the vote. Our overriding priority is to get this Bill in shape so that there is no danger that when it goes to the Scottish Parliament it does not get that consent and we face the crisis that Opposition Members have worked so hard to avoid for the past five years.

Ross Thomson Portrait Ross Thomson
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This has been a very interesting debate. It has been quite extraordinary to hear some of the rhetoric from Opposition Members about power grabs. I do not care where that phrase originated. Whether it was Gordon Brown, Kezia in the jungle, or Patrick Harvie, the fact is that it is simply not true.

It is amazing that Opposition Members have found this new belief in sovereignty. Let us go back to some basic facts. For the past 40 years, the UK has ceded its sovereignty to the EU and its institutions, with literally thousands of pieces of legislation being imposed on the UK and all its nations, and our Parliament having no ability to scrutinise them—

Mike Gapes Portrait Mike Gapes
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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No, I am just getting started.

There has been no ability to scrutinise them, amend them, or even reject them. Now, on the day that we leave the EU in March 2019, powers will be returned to the UK and the Scottish Parliament will become more powerful than it already is.

Jo Stevens Portrait Jo Stevens
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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No, thank you.

The Scottish Parliament will regain powers over agriculture, the environment and transport, for example. We have seen quite an astonishing level of hypocrisy from Opposition Members today. Where was the SNP’s belief in sovereignty when over the past 40 years laws were imposed on the people of Scotland by the EU without debate in this place, or over the past 20 years without debate in Holyrood?

Jo Stevens Portrait Jo Stevens
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I am grateful to the hon. Gentleman for letting me stop him in mid-flow. Has he never heard of the European Parliament?

Ross Thomson Portrait Ross Thomson
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I am aware of the European Parliament, which cannot reject the legislation that is imposed on it by unelected commissioners. This is about re-establishing democracy. The EU has nothing to do with democracy—it is a deficit in democracy. We are taking that back. Opposition Members should celebrate that fact.

Mike Gapes Portrait Mike Gapes
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Will the hon. Gentleman give way?

David Amess Portrait The Temporary Chair (Sir David Amess)
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Order. We cannot have two Members standing at the same time. I do not think that the hon. Gentleman is giving way.

Ross Thomson Portrait Ross Thomson
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Thank you, Sir David.

There was no option for debate, and no opportunity to amend or even reject those laws. Where was SNP Members’ concern for sovereignty then?

Ross Thomson Portrait Ross Thomson
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I would like to make some more progress before I take an intervention.

SNP Members have manufactured the power grab argument in grievance, yet we have heard time and again from the First Minister, all the way along, that the position of the SNP is for full membership of the European Union. [Interruption.] There we go; we have had it confirmed again. The SNP’s position is to support full membership of the European Union for an independent Scotland. The argument that SNP Members are making today is clearly fake news, because they do not want a single one of the new powers that will come to Scotland. They want the EU to retain and maintain those powers.

Stephen Kerr Portrait Stephen Kerr
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My hon. Friend is making a powerful speech, as is characteristic of him. Does he agree that SNP Members here are not representative of the SNP Government in Scotland? The SNP Government are quite attracted to the idea of these additional powers and would quite like to have them, but SNP Members here are indulging in rhetoric.

Ross Thomson Portrait Ross Thomson
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My hon. Friend is right that the rhetoric of the SNP group in Westminster is very different from that of the SNP group in Holyrood.

Drew Hendry Portrait Drew Hendry
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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No, I will answer this point first. It looks as though we are achieving a real consensus about the powers that will come to Scotland, but we have just heard the SNP’s heated rhetoric in this Chamber. I know the SNP group in Holyrood, because I worked with them, and I know that Alex Neil and some bashful others are very keen on Brexit and powers coming back to, and being exercised in, Holyrood. SNP Members in Westminster want those powers to lie with the EU, and they want the EU to retain and maintain full control over all those areas.

Given that the EU is still very much travelling in the direction of greater integration, the SNP will simply want to cede even more powers to the EU if they get their way and win a second independence referendum. Boy, we in the Conservative party will do everything to prevent that from happening. There is no power grab here; this is simply the SNP’s great power giveaway.

Drew Hendry Portrait Drew Hendry
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Will the hon. Gentleman give way?

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Ross Thomson Portrait Ross Thomson
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The hon. Gentleman will want to hear this point, believe me. The SNP is only stronger for Brussels, while the Scottish Conservatives deliver for Scotland yet again with an even stronger Scottish Parliament. Perhaps the right hon. Member for Ross, Skye and Lochaber (Ian Blackford)—he has just come back into the Chamber; that is terrific timing—should reflect more on the comments in his speech. He says that the people of Scotland are sovereign. If that is the case, he should respect the sovereignty of the people of Scotland who said no to independence in 2014, and who rejected in 2017 the SNP’s premise of a second independence referendum. Unlike the SNP, Scottish Conservatives will continue to deliver for Scotland, and for its businesses, communities and people.

Ian Blackford Portrait Ian Blackford
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I should point out to the hon. Gentleman that, when we appeared in front of the Scottish electorate in 2016, we won a mandate to deliver a Scottish referendum if Scotland was dragged out of the EU, the single market and the customs union. Lastly, we have got 35 MPs; we won the election in Scotland.

Ross Thomson Portrait Ross Thomson
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In 2016, the SNP went into the election with a majority in Holyrood and lost it. The SNP now depends on the votes of the Greens to see through its legislation, its budget and a second independence referendum. The right hon. Gentleman mentioned the election in June. I do not know whether he has looked behind him, but 21 of his colleagues have gone missing, including the former leader of the SNP, Alex Salmond, and the party’s leader in Westminster, Angus Robertson. In that election, it was quite clear that the people of Scotland wanted to send the First Minister a message: “In 2014, we said no and we meant it.” That is why there are fewer SNP Members here than there were. There may be 35 of them, as the right hon. Gentleman says, but 13 Scottish Conservatives have achieved more for Scotland in five months in the last Budget than 56 SNP MPs ever did in two years.

I want to get back to my previous point. We will always stand up for Scotland’s businesses, communities and its people.

Drew Hendry Portrait Drew Hendry
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On that point, will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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I have literally just answered a point, so I will finish making this one. We will ensure that no barriers are created to trade within the UK. Even the SNP Scottish Government—including the Brexit Minister, Mike Russell—accept that there will have to be common UK-wide frameworks, because they are needed. That is reflected in the Scottish Affairs Committee report, as other colleagues have highlighted in the debate. We need common frameworks, because a UK single market or unitary market—whatever we want to call it—is our greatest asset and we need to maintain it. Where frameworks are needed to underpin the work of companies and individuals across all parts of our United Kingdom, we will make the case for such frameworks.

Luke Graham Portrait Luke Graham
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Does my hon. Friend agree that, although the SNP always talks down Westminster, this is a great opportunity to talk up Holyrood and Westminster and use the common frameworks to find areas on which we can pull together and act as one great country?

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Ross Thomson Portrait Ross Thomson
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My hon. Friend is right. Scotland has two Governments: the United Kingdom Government and the Scottish Government. I know from my own constituency that my residents like it when both Governments work together, rather than being at each other’s throats. We have co-operated on city deals, for example, to achieve something, and we need to see more of that, because my constituents are absolutely fed up with the back-biting.

Drew Hendry Portrait Drew Hendry
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On the subject of powers, does the hon. Gentleman still subscribe to what was written on the banner that he held outside the Scottish Parliament for the Vote Leave campaign? The banner urged people to vote to

“LEAVE the EU and give control of the Scottish fishing industry to our democratically-elected Scottish Parliament”.

Does he still agree that those powers should go to the democratically elected Scottish Parliament?

Ross Thomson Portrait Ross Thomson
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I am so grateful to the hon. Gentleman for bringing that up. By leaving the European Union, we can take back powers over fishing, and we will come out of the common fisheries policy. As we heard earlier in this debate, the SNP wants to take us straight back into the EU and therefore drag every fisherman in Scotland straight back into that very policy, selling Scotland’s fishermen out. That has been confirmed today, but the Scottish Conservatives, such as my hon. Friend the Member for Banff and Buchan (David Duguid), will stand up for Scottish fishermen and deliver a Brexit that works for them. I thank the hon. Gentleman for giving me the opportunity to say so.

Stephen Kerr Portrait Stephen Kerr
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I am grateful to my hon. Friend for saying that the people of Scotland like it when Scotland’s two Governments work together. We have heard several times from SNP Members—not the hon. Member for Perth and North Perthshire (Pete Wishart), whose speech was, I thought, rather positive—that that negotiation and co-operation has not started. But the Select Committee’s report states:

“We recommend that the UK and Scottish governments continue their efforts to secure agreement”.

“Continue” suggests that something has started, does it not?

Ross Thomson Portrait Ross Thomson
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I agree with everything that my hon. Friend has said. It is clear from this debate that I want these powers to come to the Scottish Parliament, but SNP Members want them to stay with the EU. I find it fascinating that I have a higher opinion of the ability of Nicola Sturgeon and her Cabinet to make decisions on such matters in Scotland than her own party in Westminster does. That really tells us something.

To continue with what I was saying, we will need UK-wide frameworks in areas such as food labelling.

Tom Brake Portrait Tom Brake
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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I want to make some more progress, please.

It would make no sense whatsoever to have four different sets of food labelling rules, because it would simply add to our companies’ costs and cause confusion for customers right across the UK. Common frameworks are needed to secure the functioning of the UK internal market, as my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) said, while acknowledging policy divergence and ensuring that we comply with international obligations.

We cannot support the SNP’s proposal because of the danger that it poses to the integrity of the UK single market, and therefore to our United Kingdom. Let us be absolutely honest. Is it a surprise to anyone that the Scottish nationalist party would suggest something that would create barriers in our UK, in order gradually to break it up? Absolutely not. I gently urge our colleagues in the Scottish Liberal Democrats and Labour to be cautious, because the SNP’s amendments are simply a Trojan horse for the Scottish Government. We in the Scottish Conservatives will work constructively with our colleagues to achieve something better, and I am sure that the Government will reflect on what they have heard tonight.

Tom Brake Portrait Tom Brake
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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No, thank you.

We need clause 11 to work for our United Kingdom—to protect it as well as enhancing our devolution settlement. It is in the interests of all our constituents that a deal is reached and an LCM is passed in the Scottish Parliament, so perhaps the right hon. Member for Ross, Skye and Lochaber should reflect on his pantomime performance earlier this afternoon. I know he is no longer in the Chamber, but as my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) stated, the Scottish Conservative group will work constructively with our colleagues to help to support both of Scotland’s Governments in moving forward with a withdrawal Bill that will strengthen Holyrood and maintain the integrity of the UK.

In his speech, the hon. Member for Perth and North Perthshire (Pete Wishart) spoke about having confidence in the UK Government. I actually have confidence not just in the UK Government, but in the Scottish Government because I believe they will come to a deal that will work for the whole of the United Kingdom and for Scotland’s place within it. I do not think we should act prematurely tonight because, as we know, there is an upcoming meeting of the JMC, and there is more to come from such a process. We will not support the amendments tonight because we are taking a constructive, productive approach that will actually deliver for Scotland, rather than playing the politics of grievance.

Stephen Doughty Portrait Stephen Doughty
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It is a shame to follow the hon. Member for Aberdeen South (Ross Thomson), the tone of whose speech was in stark contrast to those of the more thoughtful colleagues who recognise the very serious problems with the Bill, and particularly with clause 11.

I absolutely assure the hon. Gentleman that I would not sign up to any Trojan horse for independence or for breaking apart the UK. I have been very happy to work together with Scottish National party Members and others on some of the amendments, but they know full well where my views stand on the Union, and we will not agree on that. We can absolutely agree, and I state this as a proud devolutionist, that we have a constitutional settlement that we have spent many years—20 years, in fact—establishing, and I am very proud to support it at all levels. If we throw apart that settlement, we do so at our peril. We are already seeing the chaos created after the negotiations in Brussels today, which is affecting parts of our economy because of the uncertainty for business. Do we really need to add to that uncertainty and chaos in the constitutional settlement of the UK and our islands? I do not think we do.

I rise to speak to amendments 182 and 186 to 188 in my name and those of the hon. Members for North East Fife (Stephen Gethins), for Arfon (Hywel Williams), for East Dunbartonshire (Jo Swinson), and for Brighton, Pavilion (Caroline Lucas), the right hon. Members for Carshalton and Wallington (Tom Brake), for Orkney and Shetland (Mr Carmichael) and for Ross, Skye and Lochaber (Ian Blackford) and my hon. Friend the Member for Edinburgh South (Ian Murray). I support the amendments tabled on behalf of the Welsh and Scottish Governments, and I also add my support to new clauses 64 and 65 tabled by the Opposition, as well as amendment 72 tabled by the Scottish National party—I have put my name to it as well—about legislative consent motions, and the important amendment 337 about transitional arrangements. We will not be speaking much about transitional arrangements today, but they affect the devolved settlements as much as they do many other parts of the Bill.

Withdrawal from the EU represents a major constitutional upheaval for the United Kingdom. I spoke and voted against the Bill on Second Reading, and the Committee will already be aware of my grave concern with the proposed sweeping powers that Ministers intend to gift themselves, bypassing Parliament and in effect subverting the long-established principle that legislative power and sovereignty is in the purview of this Parliament.

The Government are seeking to subvert not just this House, but the elected—duly democratically elected—Governments of the United Kingdom. The amendments I have tabled with other Members seek to protect the devolution settlement. I have with me the various Acts pertaining to Wales. A serious amount of work, effort and consideration has gone into them over 20 years. They are not perfect—they do not necessarily get everything right or include what I and others would like—but they have been developed with the advice and consent of the Welsh people, as have the other settlements with the people of Scotland and of Northern Ireland. They have also been developed by Members of this House, including many Members from across England who take a keen interest in such matters, not least when they relate to the internal borders of the United Kingdom and the differences that may exist.

Although far from perfect, the legislation laid down in law the permanency of the National Assembly for Wales as part of our constitutional arrangements. I am now incredulous that Ministers are seeking to undermine the ability of Ministers of the Crown in Wales, and indeed Scotland, by allowing Whitehall Ministers to pass swathes of secondary legislation in policy areas that it has been long established are administered from Edinburgh and Cardiff Bay.

For those who do not know, the National Assembly is in the heart of my Cardiff South and Penarth constituency, and I take a great interest in that body. I worked there in its early days—in fact, on the first few days after it opened—and like many of the more recently elected Welsh Members in this House, I have spent time in and around both Welsh and UK institutions and I recognise the importance of the settlement we have and how it works for the people of Wales, as indeed it does for Scotland.

European Union (Withdrawal) Bill Debate

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Department: Attorney General

European Union (Withdrawal) Bill

Ross Thomson Excerpts
Report stage: First Day: House of Commons
Tuesday 16th January 2018

(6 years, 10 months ago)

Commons Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 16 January 2018 - (16 Jan 2018)
Baroness Chapman of Darlington Portrait Jenny Chapman
- Hansard - - - Excerpts

That is exactly what I am saying to those Conservative Members. I do not want to make it more difficult by goading them too much—I will leave that to my SNP colleagues—because I understand how they must be feeling but this is an important moment this evening. If we agreed amendment 3, we would be sending a very clear signal to the Government and requiring them to come back with something in the Lords—with the support, without a doubt, of the votes of Labour peers—to amend the Bill as we ought to be amending it this evening.

I want to keep this very simple. I will speak to amendment 3 in my name and those of my Opposition colleagues. It was disappointing to have to table this amendment. It should not be necessary, because the Government, with the support of the devolved authorities, should have tabled their own amendment, but they have not done so, so here we are.

From the outset, it has been clear that one of the greatest problems with this deeply flawed Bill is that it threatens the devolution settlements that underpin our Union. The Scottish and Welsh First Ministers have described it as a naked power grab, and there is a clear danger that a major piece of constitutional legislation that amends devolution settlements will not receive the consent of the devolved Administrations, which would be a real failure for the Government.

What is the problem? As we argued in Committee, the presumption at the heart of clause 11 is that, as powers return from Brussels, they will be held in Westminster rather than being passed to the devolved Administrations. The Government say that will be temporary, but they have put no time limits on the hoarding of those powers, and there is no collaborative mechanism for the creation of UK-wide frameworks and the devolution of power. Instead, that is assumed to be in the gift of Ministers.

The problem has been recognised by Conservative Members. The hon. Member for East Renfrewshire (Paul Masterton) said in Committee:

“On Second Reading, I said that I would not allow legislation to pass that undermined the Union or the devolution settlement, and that remains my position today.”

He also said that

“clause 11, as drafted, is not fit for purpose and must be changed.”—[Official Report, 4 December 2017; Vol. 632, c. 729-31.]

He was not alone. The hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie) said that

“changes will have to be made to clause 11 as it stands”.—[Official Report, 4 December 2017; Vol. 632, c. 796.]

The hon. Member for Stirling (Stephen Kerr) said that the Bill must be amended and added:

“As the intergovernmental discussions progress and the Bill returns to this House, as it will, before it goes to the other place, it is very much my hope that there will be some greater detail in clause 11 to help all hon. Members to have a degree of confidence in its intent.”—[Official Report, 4 December 2017; Vol. 632, c. 803.]

Today, he said that he is deeply disappointed that that is not the case.

Conservatives in Scotland must have been pleased when it appeared that the Government had listened and promised to amend clause 11 on Report. The Secretary of State for Scotland told the House that the hon. Member for East Renfrewshire had clearly set out why clause 11 needed to be amended, and he went on to say that the Government would table amendments to clause 11 on Report. The promised amendments have not been forthcoming, and the Government now say that they will be tabled in the Lords. But as the shadow Secretary of State for Scotland has said, the lack of transparency is becoming a habit.

This is not good enough. Conservative Scottish and Welsh Members have been reasonable and given the Government a chance, but they have let them down. Now it is time to force the Government’s hand by voting for our amendment, because devolution settlements are more important than any party interest.

Ross Thomson Portrait Ross Thomson (Aberdeen South) (Con)
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The EU referendum result was clear, and it was a decision by the House to put that question to the people. They gave their answer. Whichever way we voted in the referendum ourselves, we have been given instructions that must be carried out. In Scotland, as much as others might wish to portray the picture differently, more than 1 million Scots voted to leave the European Union, 600,000 of whom came from the SNP yes side.

It is inherently the case that, as we leave the European Union, those powers that it exercises on our behalf will come back to the UK and to Scotland. That has always been the golden opportunity to exercise more powers in Scotland over areas such as fishing and agriculture. That is why Members on the other side of the House should welcome that. Rather than fighting to keep those powers in Brussels, we should be fighting to take them here.

We have one opportunity to get this right. We do not get a dress rehearsal for leaving the European Union. There is one time to negotiate and get it right, and it is in nobody’s interest to see a rushed process or to get anything wrong that could damage our constitution. As the House knows, Conservative Members believe inherently in the power of our single market here in the UK.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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The hon. Gentleman’s colleague, the hon. Member for Stirling (Stephen Kerr), quoted the Scottish social attitudes survey. Some 62% of Scots in that survey think that all decisions about fishing should be taken by the Scottish Government, and 59% think that all farming decisions should be made by the Scottish Government as well. Does the hon. Gentleman agree?

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Ross Thomson Portrait Ross Thomson
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I thank the hon. Lady for her intervention. I know that Members can be selective, but that survey also showed that the majority of Scots want immigration to stay at the UK-wide level. It is really important that we still have UK-wide frameworks and things that are kept at the UK-wide level.

Deidre Brock Portrait Deidre Brock
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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No, thank you.

The survey also shows that Scots want to leave the single market. The Scottish Government published a paper yesterday saying Scotland has to remain in the single market, but Scots want to leave the single market—the survey is very clear. So Members can be very selective in the things that we quote.

As I said, it is important that we get this right. Even the hon. and learned Member for Edinburgh South West (Joanna Cherry)—she is not in her place at the moment—said in her introductory remarks that, although she had voted to remain, it is really important that we get the Bill right. Having the Bill is important.

Conservative Members not only want but require there to be proper changes to the EU withdrawal Bill, because we want to see the Scottish Parliament grant its legislative consent, and the Lords require that as well before they make changes. It is in the interests of all Administrations, whether in Scotland, Northern Ireland or Wales, that we find a way to reach agreement. Therefore, I urge in the strongest of terms that the Scottish and UK Governments work and engage positively to ensure that negotiations advance well and that that important agreement can be reached. I welcome the fact that the UK Government have been absolutely clear to date that they want a constructive and consensual approach and that nothing will be imposed on any of the devolved Administrations.

Ian Murray Portrait Ian Murray
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The hon. Gentleman is making the same argument as the hon. Member for Stirling (Stephen Kerr) with regard to the negotiations being complete and the negotiations and the conclusion to them then influencing amendments in the other place. If the negotiations do not conclude by the time this Bill passes through the other place, what mechanisms do he or any of his Scottish Conservative MP colleagues have in this place to amend the Bill?

Ross Thomson Portrait Ross Thomson
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I thank the hon. Gentleman for his intervention. I am glad that he has recognised that my colleagues and I are saying the same thing, because it is the right thing and the sensible thing, and that is why we have been consistent in our approach. I am also glad that he acknowledged the power and influence that we hold on the Conservative Benches, compared with the Labour Benches, because there are more Scottish Conservative MPs than Scottish Labour MPs.

However, we recognise that reaching agreement is in the interests of both Governments; both want to see a conclusion. Even Mike Russell himself—I have sat in the Scottish Parliament Chamber listening to his diatribes and to him railing against Brexit—wants to reach agreement with the UK Government; in fact, he said that in the Scottish Affairs Committee. Agreement is in the interests of all, and I am positive that changes will be made in the Lords and that we will get agreement, because it is not in any Government’s interests not to secure it.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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Will the hon. Gentleman give way?

Ross Thomson Portrait Ross Thomson
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Can I make a little more progress? I will take more interventions.

Looking at the amendment before us, it is clear that there is no safeguard in terms of UK-wide frameworks, which many of us agree are important when it comes to areas such as agriculture or animal and plant welfare standards. Further, and importantly, it does not secure any Joint Ministerial Committee consent, and it does not guarantee the legislative consent that is essential in the Scottish Parliament.

We may all have areas of disagreement, but it is important that we do not pre-empt things by voting for this amendment tonight and that we work constructively to ensure we can get the JMC and our national Parliaments and Assemblies on board. I do not take the characterisation made by the hon. Member for Glasgow North East (Mr Sweeney) that we can somehow speed ahead with the process and that, fingers crossed, things will be amended and then come back. We need to be working more collaboratively and constructively with the Scottish Government.

Neil Gray Portrait Neil Gray
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On that point, does the hon. Gentleman share my concern that the UK Government do not appear to have shared any draft amendment to clause 11 with the Scottish Government? Has he seen any draft amendment? Has he been involved in any of those discussions?

Ross Thomson Portrait Ross Thomson
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I thank the hon. Gentleman for his intervention. Obviously, Government Back Benchers have not been directly involved in negotiations between the Governments, but boy, have we been meeting with our ministerial colleagues and making our position and our asks very clear, and I am sure Ministers will reiterate what those asks have been. This is important, because it is in both Governments’ interests that we reach a conclusion. I would ask the Minister, have SNP Ministers shared with you some of the negotiating aims that they are looking for? This is a two-way process.

Given the amount of work that colleagues on the Government side of the House have put into this, there is genuine disappointment and frustration that those amendments have not been tabled on Report; we are disappointed that they will have to come through from the Lords. However, as I said, we recognise that this process is very complex, and that the implications if we do not get it right are very far-reaching. So, we need to ensure that when it comes to UK-wide frameworks, we get agreement on both sides. Some powers will naturally go back to the Scottish Parliament, but some issues are best approached at a UK-wide level, and there is still no agreement between both Governments on that.

If we do agree to the amendment, we must look at what happens where there is disagreement between both Governments in future in the exercise of some of these powers. The way in which those disputes are resolved is inherently complex; it is not simple. I do not think any of those points is addressed in the amendment before us.

I shall touch on a point that was raised by the hon. Member for Cardiff North (Anna McMorrin). I know she is standing up for her area in the way she thinks best, but a lot of the rhetoric sounds very familiar. It is very like what many of my hon. Friends have been dealing with for a long time in Scotland, with the rise of nationalism and with the independence referendum. It is very easy to batter the UK Government in that way, but I believe it is very dangerous and divisive to do so. Maybe the hon. Lady can learn lessons from her Scottish Labour colleagues. It was as a result of that ambivalence towards the Union that Scottish Labour found itself a third party in the Scottish Parliament, and that it has again found itself a third party in Scotland since the general election. That is why there are more of us sitting on the Conservative Benches—because we believe that standing up for the Union is a good thing, not just battering all the time.

Anna McMorrin Portrait Anna McMorrin
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The Labour Government in Wales are not a nationalist Government, and if the UK Government were to work co-operatively with both the Welsh Government and the Scottish Government we would not be in this situation. We need that amendment, and the behaviour of this Government means that we are heading for a constitutional crisis. I do not want that constitutional crisis, and neither the First Minister for Wales nor, I think, the First Minister for Scotland wants it.

Ross Thomson Portrait Ross Thomson
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I do not accept the hon. Lady’s characterisation of the UK Government’s behaviour. I have seen people in the UK Government acting in good faith, and in fairness, I have seen that Scottish Government Ministers usually privately act in good faith. The public dance within the media and in public is something different, and I know that the SNP have to get from where they are to where they can accept UK-wide frameworks, but I know they are on that journey. I believe that both Governments are acting in good faith.

The most interesting thing to emerge from this is that the Scottish Government and the SNP are demanding more powers; they demand that all 111 should rest with the Scottish Parliament, regardless of the effect on the UK internal market. But they never talk about outcomes from these powers. They demand more and more, but they never tell us how they want to use them. Sadly, the nationalist narrative now is to just demand more, demand more, demand more, because they want independence. It does not matter how much you try to dress it up. The First Minister herself said that independence “transcends” everything else. It does not matter how the Scottish Parliament is currently exercising its powers, but they will never be enough, because independence is always the end goal, which was why, yet again at the weekend, we heard about potential new dates this year for another referendum. That is why there are fewer SNP Members sitting in the House—people in constituencies such as mine, and Stirling, and West Aberdeenshire and Kincardine, to name just a few, are absolutely fed up with that rhetoric. As my hon. Friend the Member for Stirling rightly said, people want our Governments to work more constructively together. They are fed up with the rhetoric, fed up with the ongoing bickering and fighting and point-scoring. They want to see both Governments working together, and both Governments have demonstrated that they can do it. Both can work together over city deals, for example, to deliver for Scotland and for regions. People get really fed up when they see “The Andrew Marr Show” on Sunday morning and yet again there is the kind of rhetoric that we have had to endure in Scotland for not just months, but years.

Philippa Whitford Portrait Dr Whitford
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Did the hon. Gentleman watch the programme? The entire session was about Brexit. Andrew Marr asked the First Minister about independence—she was asked by someone else. You have just spent about five minutes talking about it, but suddenly it is the SNP banging on about it.

John Bercow Portrait Mr Speaker
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I have done no such thing. I have been a very good boy!

Ross Thomson Portrait Ross Thomson
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I was not talking about the questions asked but about the answer given. That is the broken record. The First Minister has always had the opportunity to accept the result of 2014. She never has and she never will. That is why independence transcends everything else for the SNP. It does not speak in the national interest, but only ever in the nationalist interest.

To conclude, powers will come back from Europe and will be exercised directly in Scotland by the Scottish Parliament and Scottish Government Ministers. I know that the Scottish Government do not have a great track record when it comes to managing things in Scotland, so I understand their trepidation about any other powers going to the First Minister. That is no doubt why they want to keep all those powers in Brussels.

At least those of us on the Government side actually want devolution—not the kind of crazy centralisation that we have seen from the SNP. That is the hallmark of its Government and of the party here. That is why on this side we will stand up for Scotland and deliver for Scotland.

Hywel Williams Portrait Hywel Williams
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I shall return, for a moment, to the European Union (Withdrawal) Bill.

I rise to speak to amendments 12 and 13 and the consequential 11 in my name and those of my hon. Friends. Amendment 12 to clause 19 would require the UK Government to gain the consent of the sitting devolved Administrations before the Bill came into force. At this stage, hon. Members should not rehearse previous arguments or submit previous amendments, so following my attempted amendment on day one of Committee which also sought to require the legislative consent of the devolved Administrations, I have addressed the critical point raised by other Members about Northern Ireland.

At the time of that previous amendment, there was no Northern Ireland Assembly to grant consent to the Bill and that, unfortunately, remains the case. My amendment, therefore, sets out that consent is required from all devolved Administrations unless direct rule is in place or the Administration have been formally suspended or dissolved for reasons other than recess or an election. Across the House, many of us would like the Northern Ireland Assembly to be up and running and serving its people once again, but if that was still not the case once the Bill was enacted, the amendment would still require the consent of the other Administrations.

To echo the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), this Bill is about continuity, certainty and control. It is now clear that the convention of gaining legislative consent is flawed, as it has been held to be just that: a convention. In contrast, the devolved Administrations have come to see it as a normal and required aspect of legislative processes. It seems to me that until recently, at least in how the process worked from day to day, that was also the view of the Westminster Government, who have sought legislative consent from the nations on hundreds of occasions since devolution.

The Minister has now confirmed that his Government are seeking legislative consent for this Bill as well. Given their own consistent actions, I am mystified about why they do not wish the principle of consent to be anywhere in the Bill—unless, of course, they plan to renege on that commitment, too. If I were a cynic, I might suspect that the Government here are happy enough to request consent as long as there is no risk that it might be refused, as might happen in this case. That is the Catch 22: consent is there only when it is granted.

I also note that hon. Members, including me, have repeatedly asked Ministers what would happen were consent to be refused. In response there has consistently been—well, no response at all. One case in point will suffice. At Welsh questions on 13 December, I asked the Secretary of State for Wales:

“What recent discussions he has had with the Welsh Government on a legislative consent motion for the European Union (Withdrawal) Bill.”

I added:

“I have asked the Secretary of State a number of times, both orally and in writing, what would happen if the National Assembly for Wales were to withhold its consent for the withdrawal Bill, and he has gone from looking hopelessly Panglossian to being unsure, evasive and even furtive. Will he now tell the House what would happen if the National Assembly for Wales withheld its consent for the Bill?”

His answer made my case—that the Government were either clueless or evasive—for me:

“I am optimistic that our work with the Welsh Government will lead to a legislative consent motion.”—[Official Report, 13 December 2017; Vol. 633, c. 381.]

That was all: hopeless optimism and no real answer. Our leaving the EU has been characterised as taking back control, but surely to deny the sitting devolved Administrations their fair say on whether the Bill should be passed goes against the three principles of the Bill that the Minister set out: to provide continuity and certainty and to take back control. Control for whom?

I turn now to amendment 13 to clause 11, which also stands in my name and those of my hon. Friends. It is clear that the Bill in its current form would weaken the devolution settlements that the people of Wales, Scotland and Northern Ireland have enjoyed for 20 years. Even this Government have made it clear that clause 11 is not good enough and said that it will be amended. Our amendment seeks to guarantee that any future frameworks respect the democratic accountability of the devolved legislatures by being based on established conventions and practices that will not be adjusted without the consent of these institutions. That is the moot point: it is matter of consent.

The amendment holds that

“flexibility for tailoring policies to the specific needs”

of the nations should be allowed, as is currently enjoyed under EU rules, and—most crucially—that these frameworks would

“lead to a significant increase in decision-making powers for the devolved administrations.”

Before Christmas, the Scottish Secretary gave a strong commitment that clause 11 would be amended on Report, based on the criticisms from across the Committee of the whole House. Unsurprisingly, I suppose, the Government have U-turned on this promise and failed to table any amendments that address the concerns about devolution raised by Members from across the House. What is even more striking is that this was brought to the Government’s attention again two days before the deadline for tabling amendments, yet they failed to act. In this, they have merely confirmed my point in an earlier debate that it appears they still have not accepted that the UK is a unitary nation and that we have more than one Parliament within the British state.

The Welsh Government cannot just continue to hope that something might turn up, waiting in hope for this Tory Government to see reason, so I am glad that the hon. Member for Cardiff North (Anna McMorrin) noted that the First Minister had at last made a statement. I would also be glad if he could agree to the proposal for a continuity Bill that my friend in the Assembly, Steff Lewis, is bringing forward tomorrow. My party’s position in the long run is clear—we want the people of Wales to run their own affairs—but in the interim our sincerely held view is that we need a collaborative procedure for the creation of UK-wide frameworks to ensure good governance for the people of Wales.

Given that the Government are so determined to press ahead and remove us from the already functioning EU frameworks, these UK-wide frameworks will have a significant impact on the existing devolved settlements and therefore must be created jointly by all the sitting Governments, and not be dictated by Ministers of the Crown here. This is only the first step to ensuring that devolution is not just respected but upheld during the upheaval that the Government are creating by leaving the European single market and customs union.

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David Lidington Portrait Mr Lidington
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The hon. Gentleman will forgive me, but there are a lot of amendments in this group and I want to try to do justice to them.

Government amendments 25, 28 and 29 tackle a technical but important issue by allowing the devolved Administrations to use the powers conferred on them by schedule 2 to modify directly retained EU legislation in areas where a common framework is not needed. While we work with the devolved Administrations on where frameworks are or are not needed, we are maintaining existing common approaches to provide much welcomed certainty. To aid that, direct EU legislation that currently applies uniformly across the UK will be corrected at UK level in the first instance to avoid the risk of early, unhelpful divergence in areas where it may ultimately be determined that a common approach should apply. We have listened to the views of Opposition Members, my hon. Friends who represent constituencies in Scotland and Wales, the devolved Administrations and Committees in the devolved legislatures.

Given that the UK Government are committed to making swift progress on the frameworks, we agree that, where a matter is released from the clause 11 competence arrangement, the powers in the Bill should be fully available to the devolved Administrations to modify retained direct EU legislation, and we intend that that will be in the majority of areas. We and the devolved Administrations continue to make good progress in those framework discussions. We intend to agree as many areas as possible where frameworks are not needed in advance of exit day, so that those areas may transfer directly to the devolved Administrations without the need for an intervening period in which to operate the holding pattern described in the clauses.

Like my hon. Friends the Members for Harwich and North Essex (Mr Jenkin), for Ochil and South Perthshire (Luke Graham), for Stirling (Stephen Kerr) and for Aberdeen South (Ross Thomson), I am disappointed that we have been unable to reach agreement with the Governments of Scotland and Wales to make amendments to clause 11 on an agreed basis. That remains the Government’s ambition. When I spoke to the Deputy First Minister of Scotland and the First Minister of Wales a few hours after being appointed to my new responsibilities last week, I emphasised that I was instructing our officials to work with theirs even more intensively to try to achieve that agreement.

The discussions so far have revealed a great deal of common ground between us. For example, we are all agreed that common UK frameworks will be required in some areas even after we have left the EU. That was also recognised in Committee and reflected a shared understanding about protecting the internal UK market, managing common resources and meeting international obligations. But this is a complex area and we need to get it right, and we do not believe that amendments 3, 6 and 13 would achieve that. It is our assessment that in only a minority of cases will we require a legislative framework, in whole or in part.

I can confirm today that the Government will shortly publish our analysis of the areas where frameworks will and will not be needed, so that we are transparent about this progress as our discussions on both clause 11 and frameworks move into greater detail. I also wish to acknowledge the co-operative approach of both the Scottish and Welsh Governments and their officials in working with us towards the right outcome. I have full confidence that we will deliver this Bill with the legislative consent of both the Scottish Parliament and the National Assembly for Wales.

Let me turn to the Opposition amendments. Amendment 3, from the Opposition Front-Bench team, and amendments 6 and 13, standing in the names of the hon. Members for North East Fife (Stephen Gethins) and for Arfon (Hywel Williams), relate to the temporary arrangements established by clause 11, so that we might determine where and how frameworks would operate. The trouble with these amendments is that they would strip away certainty in areas where our citizens and our businesses rely on having common approaches across the UK, and they would pre-empt our framework discussions. They would risk our ending up when we leave the EU with unchecked divergence where common approaches were in place, with no guarantees of if and when they might be re-established. That is simply not good enough. I do not think it right to accept such amendments, which would inadvertently risk creating new barriers to living and doing business right across the UK, however well-intentioned they might be.

Ross Thomson Portrait Ross Thomson
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Does my right hon. Friend agree that we have heard a lot of talk about respect between both Governments and that being why we should accept the amendment, but that in not securing Joint Ministerial Committee agreement and in not securing a legislative consent motion this actually shows no respect for that process and is simply a stunt?

David Lidington Portrait Mr Lidington
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I agree with my hon. Friend.

Let me turn to the amendments from the hon. and learned Member for Edinburgh South West (Joanna Cherry), who again raised the important debate between “necessary” and “appropriate” provisions made under the Bill. Members will not be surprised to know that “necessary” is a very strict legal test. It could be interpreted by a court as “logically essential”, and where two or more choices of law to correct EU law are available to Ministers, arguably neither one is strictly necessary because there is an alternative. So Ministers need to be able to exercise discretion to choose the most appropriate course. For example, if two agencies could arguably carry out a particular function, the UK Government—or in this case the devolved Administration—must propose that which would be the most appropriate choice. That is why we have chosen the word “appropriate” and would wish to stick to that.

The Government remain of the view that the power in clause 7(1) is crucial. We do not take delegated powers lightly, and we want them to be tailored as tightly to their purpose as possible. We have therefore listened to hon. Members’ concerns about the scope of the power in clause 7(1), and in bringing forward Government amendments 14 and 15, we have built on the amendment tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who was supported by my hon. Friend the Member for Weston-super-Mare (John Penrose).

We must ensure that we can correct all deficiencies that may arise from our withdrawal, but our amendments put it beyond doubt that some of the wilder speculation on how powers in the Bill would be used will not be possible, by providing an exhaustive list of the types of deficiency and taking up the constructive suggestion of my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox). That is the act of a responsible Government responding to the debate we have listened to in the House. I hope that—