European Union (Withdrawal) Bill: Sewel Convention

John Bercow Excerpts

Thursday 14th June 2018 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I have to say to the Secretary of State for Scotland: is that all you’ve got? Is that the best you can do? These are serious times for Scotland. I thank him for giving me advance sight of his statement, but I am deeply disappointed by its content. My very quick take on the statement is that it offers a wholly new interpretation—and, indeed, inversion—of the constitutional arrangements. Section 28(7) of the Scotland Act 1998 confirms that Westminster retains its unlimited sovereignty, and arguably it can never relinquish that, but the devolution settlement provides through the Sewel convention that the legislative power will not be used if there is disagreement and the devolved legislatures do not give consent. Today’s statement effectively turns Sewel on its head by saying that, if there is disagreement—that is, no consent on a legislative consent motion—the UK Government can proceed to legislate. This is an extremely serious development in UK Government thinking, and it risks the security of the devolution settlement. It also gives the lie to the assertion in the statement that the UK Government are

“legislating in line with the Sewel convention”.

By their own admission in this statement, they are doing the opposite. Perhaps the Secretary of State can give us some clarity on what is happening here.

The Sewel convention is clear that the UK Government should not legislate on devolved matters without the consent of the Scottish Parliament. However, the Scottish Parliament—not the Scottish Government—has denied its consent. The Scottish National party, the Labour party, the Liberal Democrats and the Greens all said that they did not give their consent to what the UK Government were seeking to do, yet the Secretary of State comes before us today with excuses and attempts to save his own skin, knowing that he has totally shafted Scotland and the people of Scotland. Empty excuses are clearly all he has, having utterly failed in his role as Secretary of State to protect our devolution settlement or to stand up for Scotland as he should be doing.

The Secretary of State promised that Scotland’s Parliament would become the most powerful devolved Parliament in the world. Wrong. He promised us, in the Commons stages, that when the Bill came back from the Lords, there would be time to debate clause 11. Wrong. He told us that there would be a powers bonanza for the Scottish Parliament. [Hon. Members: “Wrong!”] Even in June 2016, he pledged to protect Scotland’s place in the single market. [Hon. Members: “Wrong!”] The Secretary of State has—[Laughter.]

[Mr Speaker]

Order. The right hon. Member for Ross, Skye and Lochaber (Ian Blackford) must be able to complete his contribution—

[Sir Desmond Swayne (New Forest West) (Con)]

Really?

[Mr Speaker]

Yes, really! [Interruption.] Order. What was that? Somebody chuntered from a sedentary position.

[Joanna Cherry (Edinburgh South West) (SNP)]

Surely not!

[Mr Speaker]

Surely not? Well, no—the right hon. Gentleman will be enabled to continue his contribution.

[Ian Blackford]

I would simply say to Conservative Members that the UK Government’s own analysis has indicated that a hard Brexit will damage jobs, yet what do we see? We see Conservative Members of Parliament laughing. They are laughing at the hardships that the people of Scotland might face.

The Secretary of State for Scotland downgraded devolution, ignored the Scottish Parliament and silenced Scotland when he supported the withdrawal Bill despite our Parliament—his Parliament—having rejected it. Will he now apologise to the people of Scotland for his series of broken promises? He has failed to protect devolution, he has failed to protect the Scottish Parliament and he has failed to protect Scottish interests. Having plunged Scotland into constitutional crisis, will he finally do the right thing by the Scottish people? If he has any dignity and self-respect, will he resign, and do it now? [Applause.]

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[Mr Speaker]

Order. Members must not become over-excited. We have a long way to go. There is a lot still to be done, and there are lots of questions to be asked. There is lots of debate to be had and lots of fun to be savoured—in a seemly manner, I feel sure.

[David Mundell]

After yesterday, I am not taking any lessons from the right hon. Gentleman on dignity. However, we have at least had some clarification on what guerrilla tactics are going to be used in this Parliament, including chanting in line with what he says. I actually respect the fact that he opposes Brexit. He is perfectly entitled to do that, but he is not entitled to ignore the views of the more than 1 million people in Scotland who voted for Brexit but who the SNP want to airbrush out of history. Nor is he entitled to ignore the result of the referendum across the United Kingdom as a whole. It is therefore incumbent on this Government to deliver Brexit, and that is what we will do.

I hope that the right hon. Gentleman was not wilfully misinterpreting the Sewel convention, because the convention is not absolute. He set it out as though it were, but it is not. As I said in my statement, the Government will seek consent unless normal circumstances do not apply, and anyone would accept that the UK leaving the EU is not normal circumstances.

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[Kirstene Hair (Angus) (Con)]

The only people who were silenced yesterday were the people of Perth and North Perthshire, Dundee West, Lanark and Hamilton East, Argyll and Bute, and Glasgow Central, because their elected representatives walked out on the opportunity to question the Prime Minister. I have been here only for a year, but I know there are many ways of representing our constituents in this privileged role of public office, and they happen in this Chamber, not outside for the TV cameras—[Interruption.]

[Mr Speaker]

Order. I said a moment ago when there was some chuntering from a sedentary position that the leader of the SNP must be heard, and the same applies in respect of the hon. Lady. Her question must be heard. There must not be an attempt to shout her down, and if there is such an attempt, it will fail—period.

[Kirstene Hair]

Will my right hon. Friend confirm that, no matter how many hours the SNP were given to debate or how many powers were given back, an agreement would never be reached, because an agreement would damage the SNP’s crusade for independence? It is always self-interest, never the interests of Scotland.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

I call Carol Monaghan.

[Carol Monaghan (Glasgow North West) (SNP)]

Good choice, Mr Speaker.

Given the recent assurances on the Northern Ireland border, will the Secretary of State make a commitment that if Northern Ireland gets a bespoke deal on regulatory alignment, he will be fighting to protect Scotland’s interests and ensure that Scotland gets a similar deal?