Renegotiation of EU Membership (Devolved Administrations)

Stephen Gethins Excerpts

Tuesday 10th November 2015 Westminster Hall

[Stephen Gethins (North East Fife) (SNP)]

I beg to move,

That this House has considered the role of devolved administrations in UK renegotiation of EU membership.

This is the first time I have had the opportunity to lead a Westminster Hall debate—and the first time I have served under your chairmanship, Ms Dorries. It is good to see the Minister again. I know he will have had a long day, but I am sure he is as delighted to see me again as I am to see him. The debate is timely; it is fortuitous that it has come about on a day when a great deal of attention has been paid to European Union renegotiation. I am sure the Prime Minister wrote his letter just in time for our debate. I was pleased to see it.

EU renegotiation will have a significant impact on all parts of the United Kingdom. We often forget in this place that the impact of EU laws does not begin and end in this House or in London; it goes out to all parts of the United Kingdom, not least the devolved Administrations. As I mentioned in the main Chamber earlier today, Scottish National party Members think there has been a sore lack of formal consultation. I am glad that the Minister spoke to Fiona Hyslop earlier today and that there is some merit in these Westminster Hall debates—they can prompt such things—but we need more in the way of formal consultation.

What a difference a year makes! Just last year, the Prime Minister told us that independence would risk Scotland’s place in the European Union, and now here we are, closer to exit than ever before. Having reflected briefly on that debate today, let me say that the Minister has his work cut out in keeping his allies on the Conservative Back Benches on side.

[Ms Margaret Ritchie (South Down) (SDLP)]

I congratulate the hon. Gentleman on obtaining this debate about the UK’s possible exit from the European Union. There is a potential impact on businesses within the devolved regions. Is he aware that we, in Northern Ireland, are in a unique position because we have a land border with the Republic of Ireland, which will remain within the European Union?

[Ms Ritchie]

There is also an impact in terms of the euro exchange rate mechanism. Does the hon. Gentleman have any comments on that?

[Stephen Gethins]

I thank the hon. Lady for raising that point. I want to talk today about all devolved Administrations, not only Scotland. I am particularly pleased to see Members here from Northern Ireland, Wales and elsewhere in the United Kingdom. Renegotiation will have a significant impact in Northern Ireland, not least given the particular situation of its land border with Ireland and the large number of jobs that depend on EU membership. That is why I am particularly keen for the UK Government to tell us what they will do to consult with Northern Irish Ministers and Welsh Ministers, not only Ministers in Scotland. The hon. Lady raises a valid point.

There is a key issue here: mutual respect. We should have mutual respect for all democratically elected Governments. The lack of a formal consultation so far has been nothing short of a democratic disgrace, especially given the significant impact that renegotiation will have. The first question I pose to the Minister is not about the consultation that has taken place. What formal consultation process—not a phone call—will there be as we take the Prime Minister’s letter today forward?

[Gavin Robinson (Belfast East) (DUP)]

As a former special adviser who had the privilege of attending Joint Ministerial Committee meetings on Europe and enjoyed the contributions from Fiona Hyslop as a braveheart for Scotland, does the hon. Gentleman agree that that, as a formal structure, is perfunctory? It meets on a three-monthly or four-monthly basis, and no meaningful engagement can take place in that timetabled way when negotiations are proceeding.

[Stephen Gethins]

The hon. Gentleman makes a good point, as a former special adviser—a noble trade—who has taken part in Joint Ministerial Committee meetings. It is good that the Minister said today that this will be top of the agenda, but it is just not enough, given the immediacy. The hon. Gentleman makes an excellent point indeed.

I say to the Minister that he can win friends and influence people, should he just liaise with his colleagues in Scotland, Northern Ireland and Wales. We can look to Richard Lochhead, Europe’s longest-serving fisheries Minister, who has been making the case for farmers and fishermen, Aileen McLeod, who has been promoting Scotland’s world-class climate change action, or Roseanna Cunningham, who has been championing the European Alliance for Apprenticeships.

The EU matters to the devolved Administrations, and the agenda driven by the UK Independence party and Conservative Back Benchers just does not cut it. I will give the Minister a little point of information: UKIP has never saved its deposit in a parliamentary election in Scotland. That will gladden his heart; UKIP is almost as unpopular in Scotland as the Conservatives are.

[Jonathan Lord (Woking) (Con)]

I congratulate the hon. Gentleman on securing this important debate. By the sound of it, he is not in favour of a referendum, but surely it is about time the British people had a say—and it is the British people. It is not just the devolved Assemblies and Parliaments or just the Scottish, Northern Irish and Welsh people; it is the English people too. This is a reserved matter, and surely it is right that it is taken on a whole-UK basis.

[Stephen Gethins]

Let me give the hon. Gentleman another point of information: the Scottish National party stood on a platform of not having a referendum. We won the election in Scotland—you didn’t. You had the worst election result since 1865. Unlike a number of other parties here, we are quite keen on maintaining our manifesto commitments, so we stuck to them. However, the referendum is taking place, and I will come to that in a minute because we have a few things you might want to listen to.

[Nadine Dorries (in the Chair)]

Order. Can I make the point that no Member in the Chamber or in Westminster Hall is referred to as “you”? Thank you.

[Stephen Gethins]

Thank you. My apologies, Ms Dorries.

The Scottish Government set out renegotiation priorities in their agenda for EU reform, which I make Members aware of once again. I also refer Members to a speech made in June 2015 by Scotland’s First Minister, in which she looked at areas such as more local decision making on health, for example. The fact that the Scottish Government were not able to act on minimum pricing for alcohol was a disgrace: the democratically elected Scottish Government saw it as a particular priority to tackle a particular Scottish public health issue. The First Minister also looked at a single market in energy and digital services—especially our renewables industry, which has taken such a battering recently—and more local discretion in implementing regulation.

As part of our renegotiation, we need to look at how the devolved Administrations work and co-operate with member states. A few years ago, under the previous Labour Administration, a memo was leaked that showed devolved Ministers were not having an impact. In fact, one of them was being sent to the salle d’écoute—for Members whose French is not quite up to scratch, that is the listening room—which is no place for a Minister who oversaw areas such as agriculture and fisheries. Europe matters to the devolved Administrations. It matters in Northern Ireland, as we have heard, given the long land border and the ramifications for the Good Friday agreement and the common travel area. In Wales, up to 200,000 jobs are said to depend on EU membership.

[Ms Ritchie]

I thank the hon. Gentleman for being gracious in giving way again. Is he aware that my local council in Northern Ireland—Newry, Mourne and Down—held a significant conference two weeks ago, which was addressed by the shadow Minister for Europe, the right hon. Member for Wolverhampton South East (Mr McFadden), on that very point? [Interruption.]

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[Nadine Dorries (in the Chair)]

As a result of the Division, this debate will now continue until 17.40. Four people have applied to speak after Mr Gethins has finished, so I am going to impose a voluntary time limit of five minutes per speech. If people adhere to that, the Minister and Mr Gethins will have adequate time to respond, but, of course, that is entirely up to you.

[Stephen Gethins]

Thank you, Ms Dorries. Before we went into the Division, I was talking about areas that the Scottish Government have identified where there could be reform, and a lot of that focused on areas for reform where powers could come back. I will come back to this point later, but if there are powers to come back, and if those powers directly relate to the responsibilities of the devolved Administrations, I hope that they will not be devolved back from Brussels just to reside in London and that there will be further devolution to reflect that.

On renegotiation, we often talk about less Europe, but maybe we should sometimes talk about more Europe. The Scottish Government have gone further than elsewhere in the United Kingdom on areas such as climate change or our energy union, where maybe we should be looking at more powers. We could also be looking at more powers in areas of security policy. No one country can possibly deal with the refugee crisis on its own, and the Scottish Government have already set out their willingness to work with European partners and the UK Government to take more refugees.

Let me recap why Europe matters for the devolved Administrations. There are big issues that affect us all in areas such as agriculture policy, fisheries, energy, investment and transport—devolved areas where the EU has a big role and the devolved Administrations have direct responsibility. I have mentioned Northern Ireland. In Wales, up to 200,000 jobs are said to be dependent on EU membership. Even the Isle of Man has a relationship with the EU through the UK as set out in protocol 3 to the UK’s Act of Accession. That is worth bearing in mind.

Key areas for Scotland are set out above, but we often hear about sovereignty. I will read a quote from Professor Douglas-Scott of the university of Oxford and would like the Minister to bear it in mind:

“A UK exit from the EU does not save UK sovereignty. The Claim of Right for Scotland 1989 entrenched the fundamental principle that ‘the people are sovereign’ and that the people have ‘the sovereign right to self-determination and to choose freely the form in which their state is to be constituted’.”

Professor Douglas-Scott’s argument is that

“Therefore, any UK exit of the EU against Scotland’s wishes will create a constitutional crisis rather than save the UK’s sovereignty.”

I leave that with the House to consider.

The hon. Member for Woking (Jonathan Lord), who has not been able to return from the vote yet, referred to the referendum. We were a little disappointed with the European Union Referendum Bill. We wanted to see whether there would be a referendum and we obviously voted against that—that was in our manifesto—but if there is to be a referendum, we want EU citizens and 16 and 17-year-olds to be engaged.

In Dublin yesterday, Fiona Hyslop highlighted the fact that 173,000 EU nationals make their home in Scotland. They made an invaluable contribution to the Scottish independence referendum and make an invaluable contribution to Scotland’s day-to-day life. We want them also to be involved. We want a positive campaign that puts forward a positive vision for Scotland. That is why I was a little concerned about some of the language from the Minister’s Back Benchers on some of these issues.

As we have heard from other hon. Members, Scotland and the other devolved Administrations reap the economic benefits of membership in exports, jobs and so on, but those benefits are not just economic. As Fiona Hyslop said in Dublin last night, solidarity, social protection and mutual support must underpin a modern Europe and we want Scotland to be a part of a progressive European Union with European citizens—despite what we said in the referendum last year, we are all still European citizens—at the heart of decision making. The Scottish Government are committed to making the positive case for reform and I have set that out a little.

I do not want to take up too much time because I know that other hon. Members want to come in, but I want to pose some questions for the Minister to answer in his response. Will he set out the formal role for devolved Administrations in the renegotiations—the formal role; I am not talking about an ad hoc role over the phone? We want to hear about a formal role in the same way as the Prime Minister said today that there should be a formal role for other capitals.

Will the Minister comment on the Scottish Government’s priorities in Scotland’s agenda for EU reform? In future, will devolved Administrations be consulted as a matter of course on decisions that affect them and are made at EU level if we remain part of it? This is not just about changing the EU’s relationship, but perhaps about changing the way we, as a member state, interact. I would like a much more formal role for the devolved Administrations.

In the past, we have seen civil servants or Ministers with no direct responsibility for an issue, such as the Minister for bees, leading fisheries negotiations when the Scottish Minister was present. Will the Minister look again at where Ministers from the devolved Administrations can take a lead, with particular reference to fisheries and agriculture?

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

My hon. Friend makes a particularly good point on fisheries, given that the Faroese fisheries Minister—a Minister for 50,000 people—is in a quad situation because he deals with Iceland, Norway and the entire EU. The Faroese fisheries Minister is in a far more powerful position not only than the Scottish Minister but the one based here at Westminster. There needs to be some understanding of the context of fisheries in Scotland, which has the majority of the EU fisheries.

[Stephen Gethins]

My hon. Friend makes a particularly good point. I referred to Richard Lochhead, the fisheries Minister in Scotland who is responsible for around 70% of the fishing industry. He had to sit behind the Minister for bees and an unelected civil servant during common fisheries policy negotiations. Will the Minister deal with that situation when he responds?

In his statement today, the Prime Minister rightly highlighted the Dutch quote:

“Europe where necessary, national where possible.”

If powers are to be devolved from Brussels and back to London, will they, when appropriate, be devolved back to the devolved Administrations where they have responsibility? Will the Minister give that commitment today?

[Mr MacNeil]

On the Dutch quote, one of the problems in Scotland is that we have a middle man in London and we cannot go directly to Brussels.

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[Stephen Gethins]

Again, my hon. Friend makes a valid point about Edinburgh having to do its business with Brussels through the middle man of London. While we are where we are and the United Kingdom is a member state, it is in the interests of everyone across the House to make sure that this relationship works as effectively as possible.

Will the Minister respond to my questions? Will he also reflect on the fact that although he may not have many friends on his Back Benches, he has many potential friends in the devolved Administrations? The saltire is the only flag that flies on Scotland House on Robert Schumanplein at the very heart of Brussels. We are in there making friends and influencing. The Prime Minister is struggling with that, but I am sure the devolved Administrations will reach out that hand of friendship.