(5 years, 8 months ago)
Commons ChamberThe hon. Lady makes a very powerful point about the way that millions protested peacefully on Saturday. I am delighted that our First Minister joined them, as did the leader of the Liberal Democrats, colleagues in the Labour party and even some Conservative colleagues. They were right to have done so.
The Prime Minister is effectively out of power, and we need to move on. Her deal has been rejected twice, overwhelmingly, which means that it becomes more and more pointless to debate it with every passing hour. The Opposition spokesperson was right to point that out. The House of Commons must seize control of this process tonight so that we can hold those indicative votes and start—start—to find a way out of this mess. We know from the UK Government’s own warnings that her deal is not in the best interests of anybody in the UK, and we know that no deal is not in anybody’s best interests either. This Parliament has come together and comprehensively rejected both her deal and no deal. Having wasted almost three years, the Government have run out of options and run out of ideas, and we need to step up.
Where we are today is not a farce: it is a tragedy, and a tragedy that is taking us all down with it. I assure colleagues that, as somebody who fundamentally wants Scotland to be an independent state, it really gives me no pleasure when I speak to colleagues overseas and find that the UK’s international reputation is broken. That hurts us all. When I was working in the European institutions, I saw that overall in the EU, the UK could be a real force for good. Although I did not always agree with everything that it did, I acknowledge many of the positive contributions made by UK citizens to the EU project. It is right that we all acknowledge that.
What was more striking, however, was the way in which the UK and Ireland worked as the closest possible allies and partners in the European Union. For the first time in that troubled history, there was truly a working as a partnership of equals alongside other European states. Now—again, this gives me no pleasure, nor, I suspect, the Irish either—the boot that has historically been on the foot of the UK is now on the other foot. As Robert Cooper wrote in the Financial Times:
“The smallest insiders (Dublin in the case of Brexit) matter more than the biggest outsider (us).”
That tells us everything about solidarity in the workings of the European Union. Yet even on this, the Irish do not crow but have been honest brokers. The best friends any of us can have are our most critical friends—the ones who tell us the truth when we want to see it the least. I have heard, when these matters of truth have come out, Brexiteers getting enraged and annoyed at the truth that people dare speak from Dublin.
Let me remind all Members that Ireland is independent and is not coming back—and it is not difficult to see why. Independent states thrive in the European Union. That is a means of strengthening democracy and sovereignty. The EU is a partnership of equals in a way that the UK simply is not. I want to see Scotland as a full and independent member state of the EU. That would be healthier in our relationship as a modern outward-looking nation in the same way that it has been healthy for the Anglo-Irish relationship.
Here in the UK, people are seeing through this mess. At the weekend, as we have heard, hundreds of thousands of people from the length and breadth of the UK marched for our collective future. Since then, at the last look, the revocation of article 50 petition has been signed by 5.5 million people, including 17% of the electorate in my own constituency—and that is not even the highest figure in Scotland. Millions of people can see what this Government cannot. What this Government clearly cannot see, but these people can, is that when you are careering towards the cliffs you slam on the brakes—that is what they are there for. Let us not forget that Parliament has that power, as was recognised by the courts, because the UK Parliament throughout this has retained, and always will retain in these circumstances, sovereignty in a way that the Scottish Parliament does not. Spot the difference, everybody: the UK Parliament, as a member of the EU, retains sovereignty; the Scottish Parliament, as this process has shown us, does not. This may provide a mechanism to stop doing untold damage to those we all represent.
My hon. Friend is making a very powerful speech. I want to ask him about something that the Chancellor of the Duchy of Lancaster said earlier—that revoking article 50 could only ever be done once, and it would be permanent and could never be reversed. Has he, like me, read the decision of the Grand Chamber of the European Court of Justice? Does he agree that the Chancellor of the Duchy of Lancaster has got that wrong and that if this House chose to revoke article 50, it would be possible at some point in the future to resubmit the article 50 notice, provided that it was done in good faith?
As usual, my hon. and learned Friend makes a very powerful point. I know that she tried to intervene on the Chancellor of the Duchy of Lancaster, but those on the Treasury Bench will have been listening to and taking note as well.
We are told that the biggest problem with this is the European elections. Let me tell the Government something: the biggest problem is not the European elections—not people taking part in a democratic election to elect parliamentarians—but the jobs that the Government’s plans are going to cost, the public services that will be hit by Brexit and the opportunities that we have all had being denied to future generations. Each and every Member of the European Parliament is elected. That Parliament sits at the heart of the European project. We sit in a Parliament where not even half the parliamentarians who serve here are elected. It is a disgrace—it really is. We will be caused a huge amount of damage just because the Government want to avoid the democracy and scrutiny that comes with a European Parliament election. However, I am not that surprised when we have a Prime Minister who, as we have heard today, not only opposes a referendum and giving people a say in this momentous decision but is even opposed to respecting the will of Parliament.
If the Brexit debate has done anything, it has shown that the UK and the way in which it operates is no longer fit for purpose, as the example of the House of Lords amply illustrates. The EU is not perfect—no union involving 28 sovereign and independent member states ever can be—but, critically, it has the checks and balances to protect the smallest members from the largest. Within the UK, we have a constitutional set-up that is somewhat outdated and has not caught up with the momentous decisions that we are having to make now, but in the EU there is a modern and up-to-date relationship between member states—a true partnership of equals. I say this to a Government who have failed to respect devolution throughout this process: the EU would not be allowed to do that; indeed, it cannot be allowed to do that. To the people of Scotland, our message is this: there is a better way to do this that our friends and neighbours—our nearest neighbours in places like Ireland and Denmark—are pursuing successfully. This is not as good as it gets. In the meantime, and until we reach that point, it is up to each and every one of us to continue to work as constructively as we can.
I do not want to see our friends and neighbours south of the border dragged over a cliff edge by an out of touch and irresponsible group of Tory anti-EU ultras—no country deserves that. The easiest thing for us in Scotland would be to say, “We voted against this. It’s not our problem,” but actually it is our problem. We cannot just say, “The Tories made this mess. It’s for them to clear it up,” because it is clear that they are incapable of clearing up the mess they have made. The damage these plans would do to everyone across these islands would be devastating and felt for decades to come.
I again thank Members who have worked constructively. Today’s motion provides a start, but it is only that—a start on undoing this devastating Brexit, which has been brought to us by a Tory party that is out of control.
(6 years, 5 months ago)
Commons ChamberThank you, Mr Deputy Speaker.
Brexiteers have had their whole careers to prepare, and then the former Ministers whom I have just mentioned had two years in the highest offices of state, with every resource of the UK Government at their disposal, to build on their years and years of so-called preparation, yet we are left in this complete mess. I do not blame the Minister present entirely for it, and indeed I do not blame the Prime Minister entirely, but those Brexiteers who got us into this mess and have done absolutely nothing to get us out of it again have shown gross irresponsibility and negligence. They bear huge responsibility for the situation in which we have been left. This is serious stuff.
I was very disappointed by the contribution of the shadow Minister, the hon. Member for Darlington (Jenny Chapman), whom I respect enormously. There is no such thing as a “jobs-first Brexit.” Every single scenario that has been set out shows jobs being lost. Even the compromise we have put forward of staying in the single market and customs union is the least worst—not the best—option. I am sorry to say that if only the Labour party would step up to the mark, we would not be in the mess we are in today. Therefore, I say with great respect to Labour Members that Labour needs to step up to the plate a little more, because the UK as a whole finds itself in the most extraordinarily difficult situation. [Interruption.] I will happily give way to the shadow Minister if she has a point to make about a jobs-first Brexit. [Interruption.] No, I did not think so.
To throw some light on this matter, Rabobank has said that this situation could cost the UK economy £400 billion. The Fraser of Allander Institute says it could cost 80,000 jobs in Scotland alone and cost Scotland’s economy £12.7 billion, and the head of that respected economic think-tank said that it had only done the work for Scotland but, looking elsewhere, it would be even worse for other parts of the UK. It is startling that the Scottish Government did economic analysis and published it and those of us who have seen it know that although the Scottish and UK Governments might not agree on much in this process, their economic analysis agrees entirely on the devastation that will be wrought by this Government if they see through their plans. This must be one of the first times in history when a Government are actively, and proactively, pursuing a policy that they know will cost tens of thousands, if not hundreds of thousands, of jobs.
My hon. Friend will recall that the UK Government’s modelling showed a hit to GDP in the long term of minus 1.6% if we stayed in the European economic area. Does he agree that under the Chequers agreement, which takes services out of the mix, that hit will be considerably greater, particularly in terms of the jobs Labour is promising us from Brexit?
My hon. and learned Friend makes an excellent point, and she is well aware from the work she has done representing financial services in her constituency of the difficulties and job losses from the Government’s plans.
I find it extraordinary that we have a Government who are proactively pursuing a policy that they know will cost jobs, and they know will hit our GDP and our public services, because if GDP is hit there will not be the tax-take to provide the support for public services in the future. That will be devastating. I know that the Minister tries his best and is a very honourable man, but it must be extremely hard for Ministers to be pursuing this policy, and I urge them to think again about the damage they are doing to the economy and elsewhere.
We have a need for EU nationals. They should have been given a huge amount of certainty. EU nationals contribute so much to our public services and our companies, and contribute to this place and beyond—
(7 years ago)
Commons ChamberIt is always a little daunting to follow the hon. Member for North East Somerset (Mr Rees-Mogg). I thank him for his gracious offer that an SNP politician might wish to stand in his constituency, but I can inform him that the only Scottish politician looking for a safe seat in England at the moment is the leader of the Conservative and Unionist party. The rest of us are quite happy with our seats in Scotland, safe or otherwise.
I wish to speak to amendments 77 and 76, in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other SNP Members. Clause 13 and schedule 5 deal, as we have heard, with rules relating to publication and rules of evidence. SNP Members are less concerned with the rules relating to publication, although I would be interested to hear the Government’s response to the pertinent questions raised, as always, by the right hon. and learned Member for Beaconsfield (Mr Grieve). We are very happy with the idea—in the terms of schedule 5, paragraph 1—that:
“The Queen’s printer must make arrangements for the publication of”
these relevant instruments, but we share the concern that he very ably articulated as to why there might be certain instruments that would fall into a category that should not be published. It seems most odd.
We also welcome the amendments tabled by the hon. Member for Nottingham East (Mr Leslie) and in the name of the Labour Front Bench. We absolutely support any amendments that seek to achieve transparency and clarity. We also very much support amendment 348, which seeks to revisit the issue of impact assessments, because we share the concerns that were expressed from the Labour Front Bench, and by others who have intervened, about the sorry saga of the impact assessments. As my hon. Friend the Member for North East Fife (Stephen Gethins) explained in relation to a question he asked in 2016, there were occasions when the impression was given on the Floor of the House that economic impact assessments existed, no matter what might have been said in response to the Humble Address.
It is also worth bearing in mind that the Humble Address related only to sectoral impact assessments. It did not relate to the impact assessment that has been made in relation to the Scottish economy. It is worth reminding ourselves that both the Secretary of State for Exiting the European Union, in response to a question I asked when he gave evidence before the Exiting the EU Committee, and the Secretary of State for Scotland, in response to questions raised by the hon. Member for Edinburgh West (Christine Jardine), said that impact assessments in relation to the Scottish economy do exist, and that they will be shared with the Scottish Government.
My hon. and learned Friend makes a powerful point. Will she put it to the Minister that the Secretary of State for Exiting the European Union told me in October 2016 not only that there were 51 sectors rather than 39—there was some confusion, and I thank the hon. Member for North East Somerset (Mr Rees-Mogg) for giving way to me on that—but that there was also an assessment that was promised to the Scottish Government back in 2016?
Indeed. And more recently than 2016, following up on that, evidence has been given to two Select Committees of this House that impact assessments relating to the Scottish economy exist, and will be shared with the Scottish Government. I can tell the House that they have not as yet been shared with my colleagues in the Scottish Government, and we have not as yet had any clear backtracking as to the existence of these documents. No doubt that is something that will be pursued in the new year, but I very much welcome the commitment of Labour Front Benchers to continuing to pursue the issue of impact assessments because, as others have said, either they exist and they are not being shared with us—and we know that they do exist in relation to Scotland because we have been told that by two Government Ministers—or they have not been carried out, which is an extraordinary dereliction of duty by the Government if they care at all about protecting the economies of the various nations of these islands.
In relation to the SNP’s amendments to clause 13 and schedule 5, we are very much indebted to the expert assistance we have received from briefings prepared by the Law Society of Scotland for the benefit of all SNP Members, and we have worked closely with the society to inform some of our more legalistic amendments. Those amendments—76 and 77—stem from written evidence that the society has provided to various Committees of this House and the other place.
In the society’s response to the White Paper “Legislating for the United Kingdom’s Withdrawal from the European Union”—which many of us have now forgotten about; it seems a lifetime ago—the society recommended that once the process of identifying European Union-derived UK law was complete, that body of law should be collected in an easily identifiable and accessible collection. We believe that schedule 5, paragraph 1 is a significant step forward in that direction, and will be of significant assistance to those to whom this body of law will apply and their advisers, but we agree with the hon. Member for Nottingham East that matters would be assisted if they were published in plain English. We also agree with the right hon. and learned Member for Beaconsfield that the Government need to tell us why they want to give themselves the power to withhold publication of some of these instruments. It is hard to imagine what reason there could possibly be.
(7 years, 1 month ago)
Commons ChamberI am loth to interrupt my hon. and learned Friend, who is making a powerful case for legal certainty, but does she agree that a wide range of industries and other organisations will need legal certainty, certainly around freedom of movement, such as our education sector and food and drink sector? Does she also share my concerns about the reports that have come from the Financial Times this evening that the Secretary of State for Exiting the European Union says that bankers and other professionals have been promised a special post-Brexit travel regime? If we are going to have freedom of movement and the benefits that brings, we should not just be protecting the bankers.
I am grateful to my hon. Friend for bringing this matter to the Floor of the House. I was made aware of it just before I got to my feet. If the Financial Times report is correct that the Government are going to give special deals for certain professions, that will come as a great shock to the other professions that will not get such a special deal, and a particular shock to cross-party colleagues in the Scottish Parliament who have asked for a separate deal on immigration in Scotland, as have Unison, the chambers of commerce in Scotland and the Institute of Directors. I look forward to the Secretary of State for Exiting the European Union coming to the House to explain what is going on here.
To returning to the issue of legal certainty, the Institute for Government looked carefully at different tests that might be put on this Bill to direct the courts, and expressed the view that if Parliament passes the buck on this question to the judges, it will leave the judges open to fierce political criticism. We have already seen the sort of fierce political criticism that the judges got earlier this year, and regardless of the different views we might have about the British constitution, all of us can probably accept that the independence of the judiciary is a fundamental part of any constitution that recognises the rule of law. We perhaps do not have to look too far from home in the EU at present to see a judiciary that is not independent, but I digress.
We need an independent judiciary in this country, and we have one, but it has to be protected from criticism because judges cannot go into print to defend themselves when criticised. We must provide the courts with a specific legal test on the face of the Bill governing the treatment of Court of Justice case law after Brexit, and that is what my amendment 137 seeks to achieve.
(7 years, 9 months ago)
Commons ChamberNot at the moment.
The lack of respect for the devolved Administrations, and the promises that were made and subsequently broken during the independence and EU referendums have led us to the situation we are in today. During the independence referendum, we were told that the only way Scotland could guarantee remaining part of the EU was to vote against independence. We were told that the only way to bring in powers over immigration was to vote to leave the EU—more costly and broken promises. That is why the First Minister is right to be looking at the electoral mandate that the SNP was given last year to hold another independence referendum.
The Government may not be big on manifesto commitments, but the SNP is. The SNP was returned to power with the largest number of votes since devolution was established, with 47% of the constituency vote, compared with a Tory Government who have brought us to this situation with 36% of the vote in the UK and less than 15% of the vote in Scotland.
Let me move on to EU nationals. This is critical. We must not forget the human element of this.
My hon. Friend is talking about the human element for EU nationals. On Friday afternoon, my constituent, Diemanta McDuff, a Lithuanian, attended my surgery in hysterical tears, saying that the uncertainty caused by this Government and this Parliament is making her feel worse about her personal situation in Britain than she did in Lithuania under the Soviets. [Interruption.] Those are the words of a constituent. Does my hon. Friend agree that this Parliament should be ashamed to be causing such uncertainty?
I thank my hon. and learned Friend for raising that point, which is important. Many of us have listened to EU nationals, who contribute so much financially and culturally and who would be a loss to this country—to the whole of the UK. Therefore, I am not sure why the Government cannot give us what we seek.
(8 years ago)
Commons ChamberThe Minister makes—[Interruption.] My hon. Friend—he is not yet a Minister, but let’s give it time—makes an excellent point. There is chaos, pure and simple. The chaos is the fault not of the judges but of the Government who have carried on the irresponsibility of the Vote Leave campaign by continuing to give us no details.
We are well aware that the Secretary of State does not like the use of the prerogative, but this could all have been avoided. Let us give credit where it is due: I give credit to David Cameron—hon. Members will not hear this often from SNP Members, and, frankly, they will not hear it often from Conservative Members either—who sat down with the then First Minister of Scotland, my right hon. Friend the Member for Gordon (Alex Salmond), and hammered out the Edinburgh agreement to give the Scottish independence referendum a legal footing to remove any uncertainty. I will read a little of agreement, which was agreed by the Westminster Government and the Scottish Government—and full credit goes to everybody, particularly the officials who worked so hard on it. It states:
“The governments are agreed that the referendum should…have a clear legal base”—
just imagine if the Government had done that—
“be legislated for by the Scottish Parliament;…be conducted so as to command the confidence of parliaments, governments and people; and…deliver a fair test and a decisive expression of the views of people…and a result that everyone will respect.”
It went on:
“The two governments are committed to continue to work together constructively in the light of the outcome, whatever it is, in the best interests of the people of Scotland and of the rest of the United Kingdom.”
The question is: why was there so little preparation? Was it negligence, breath-taking complacency, or did they think that everyone would be okay regardless and they did not need to bother?
If my hon. Friend has been following the Supreme Court case as closely as I have, he will be aware that it was pointed out by senior counsel for the respondents yesterday that the Government had the opportunity to give legal force to this referendum, as a result of the amendment proposed by my right hon. Friend the Member for Gordon (Alex Salmond), but they specifically said that they did not want to do so. The now Leader of the House, who was then the Minister for Europe, said:
“The legislation is about holding a vote; it makes no provision for what follows. The referendum is advisory”.—[Official Report, 16 June 2015; Vol. 597, c. 231.]
It was said quite clearly by the Government that it was their intention to make no provision for what would follow.
My hon. and learned Friend makes a very fine point, as always.
Let me make another comparison. We are here to scrutinise the work of the Government. They put forward manifestos before elections, and we scrutinise those. No one questions the idea that the Government should try to prepare a manifesto. Before elections, officials pore over the manifestos of the parties standing, including even the no-hopers—some poor soul in the civil service has to go through the Labour party manifesto!
Whatever happened, the Government got it wrong and need to change course. That is the responsibility of the Members who campaigned for out. It is not just us asking these questions: Manfred Weber, president of the European People’s party group in the European Parliament, has said:
“I haven’t really heard how the British government want to tackle Brexit or what Brexit really means.”
The Foreign Secretary has some responsibility, and has a job on his hands. I hope everyone on the Government Benches is taking him terribly seriously nowadays, as they have been told to do so. He is determined to make a “titanic success” of this process, but he has been telling everyone a different story. I wonder if that goes beyond the Brexit process. What about when he decides what Christmas card he should give his Foreign Secretary counterparts? Will it be a Christmas tree, or is that perhaps a bit too German? Will it be the flight into Egypt, or is that a bit too soft on refugees? Will he go for Santa on his way from Lapland with his elves, or does that give him freedom of movement problems? Perhaps everyone will just get two and be done with it.
Look at the chaos at the heart of this Government and compare and contrast it with the Scottish Government. Ireland is a hugely important partner and key nation—a partner nation and our sister nation. Charlie Flanagan told his Government’s Brexit Committee that he had no idea how the UK would approach Brexit. The Irish Minister for Jobs described the International Trade Secretary as like a husband
“who wants a divorce, but “
to
“keep all the assets and the family home.”
Compare that with the reception that the First Minister got in Dublin just last week. Compare it with the partnership that we are building. [Interruption.] Members call getting a positive response grandstanding! The Government wish they could get a positive response from a European partner. Even James Reilly, the deputy leader of Fine Gael, said:
“We are very much heartened by the fact that Scotland voted to stay in the EU. We would be very supportive of ensuring that Scotland’s voice is heard during the UK negotiations, as well as the voices of our fellow Celts north of the Border, who also voted to stay within the EU.”
The Government are in chaos, pure and simple. That chaos is affecting our day-to-day lives and will continue to do so. This is too important to let the Government off the hook about it. It is too important not to have full scrutiny, and it is too important to the powers of the devolved Administrations for it to be left purely to this place. That is why we cannot back the Secretary of State’s amendment today.
The right hon. Gentleman is getting rather ahead of himself, but we on the SNP Benches will make a careful note of that, because the person who officially speaks for Scotland—the one Tory MP in Scotland—seems rather unclear about what powers will be returned to Scotland. But we take on board what the right hon. Gentleman says and we make a careful note of it.
My hon. and learned Friend makes a very good point. The Secretary of State said that no law would be changed for which this Parliament has a responsibility. Will the law be changed for which the Scottish Parliament has responsibility? That question has not been answered yet.
Indeed that question has not been answered yet. The point of my speech this afternoon is to say that the effect of triggering article 50 is to trigger an inevitable process for leaving the EU, which means that the legislative competence of the Scottish Parliament will be affected—and that triggers the Sewel convention. My concern is that yesterday, when the Advocate General spoke on behalf of the British Government, he basically told the Supreme Court that the Sewel convention has no legal effect whatever—that it is a political convention that can be overridden at the whim of this Parliament.
The Supreme Court will determine the legality of the situation, but the politics of that statement is not what we were told by the Secretary of State for Scotland, and by others in the Conservative party, when the Scotland Bill was going through the House. As Lord Sumption, a Justice of the Supreme Court, asked the Advocate General yesterday afternoon, what was the point of putting the Sewel convention on a legal footing in statute if it has no legal force? The political consequence of the whole thrust of the arguments made on behalf of the UK Government in the Supreme Court is to show utter disrespect to the Sewel convention and utter disrespect to the wishes of voters in Scotland, and indeed in Northern Ireland.
That does not sit well with the respect agenda promised by the previous Prime Minister; with us in Scotland being told during the independence referendum that we were an equal partner in this Union; and with us also being told during that referendum campaign, by Ruth Davidson and others, that the only way to guarantee Scotland’s membership of the EU was to vote to remain part of the UK. Those promises were all made on behalf of the Conservative party. The Conservative party’s legal position in the Supreme Court is to kick sand in the eyes of voters in Scotland and to dishonour those promises. My point is that that has serious political consequences for this Union.
I know that the Secretary of State is a very reasonable man and that he is conscious that not to give Scotland a role in this process, regardless of what the Supreme Court says, would be deeply damaging from a political and constitutional point of view. So my request to him this afternoon is this. Please, Secretary of State, persuade the Prime Minister and her Cabinet colleagues to involve the Scottish Government and the Scottish Parliament formally in this process. Listen to what my colleagues in Edinburgh have to say, because they are the legitimate voice of the Scottish people—they won a third term recently. Involve us in the process. Honour the words of the Secretary of State for Scotland, treat the Sewel convention seriously, and regardless of what the Supreme Court says, from a political point of view seek our consent to this process.
(8 years, 2 months ago)
Commons ChamberNot at the moment.
That point reminds me that the Institute for Government has said:
“There is a gaping void in the Government negotiating strategy.”
There is also a gaping void in their policy. They are responsible for negotiating on behalf of all of us, which should concern us. We have not seen any more details. We have not seen a Green Paper, although I am not sure whether Ministers have.
We should think about the impact. The Fraser of Allander Institute says that in Scotland alone—I know hon. Members from elsewhere in the United Kingdom have concerns—there will be 3% fewer jobs by the time we leave the European Union, which could mean 80,000 jobs. Real wages could be 7% lower, which will affect households. The Treasury—these are the Government’s own figures—warns that the cost of leaving the European Union could be £66 billion.
My hon. Friend will be aware that the financial services sector in Scotland supports 150,000 jobs, many of which are in my Edinburgh South West constituency. He will also be aware that there is concern in the sector about whether passporting rights will be lost or kept as a result of Brexit. Does he agree that, if the Government are not successful in negotiating passporting rights for the financial sector, many jobs are likely to leave Scotland and go to the European continent?
My hon. and learned Friend rightly makes an excellent point on the effect on her constituency. Professor Graeme Roy from the Fraser of Allander Institute has said that leaving the EU would have a
“significant negative impact on the Scottish economy”,
which rings true with my hon. and learned Friend’s point.