Immigration

Debate between Stephen Kerr and Joanna Cherry

Wednesday 26th June 2019 Commons Chamber

[Stephen Kerr]

I thank the hon. Gentleman for his intervention. I was referring, as he well knows, to the interventions we have heard since, which have focused again on the SNP’s never-ending neverendum desires for Scotland.

[Joanna Cherry]

I thank the hon. Gentleman for giving way. He says that we should be representing the interests of our constituents. I assure him that my constituents have written to me in their hundreds about their desire to stay in the single market and their desire to keep freedom of movement. Businesses in my constituency tell me that they want that. The two major universities in Edinburgh South West, Heriot-Watt and Napier, want to keep freedom of movement, too. So may I just suggest to the hon. Gentleman that he shows a little bit more respect for SNP Members and the efforts we make to represent the views of our constituents? He may tell us that people in Stirling do not care about freedom of movement, but that is not my understanding from the way they voted in 2016. Can he just show a bit more respect?

[Stephen Kerr]

The hon. and learned Lady talks about respect, but what I heard from the Westminster leader of the SNP at Prime Minister’s questions was a very long way away from respect. In two successive PMQs, last week and this week, the Westminster leader of the SNP accused a serving Member of this House of being a racist, and today it was said, without any challenge, that the same right hon. Member who serves in this House had made a career out of telling lies. So let us not hear anything about respect from SNP Members.

--- Later in debate ---

[Joanna Cherry]

Certainly not, because his colleague, the chair of the FSB, Mr Mike Cherry—no relation to me, in case there are any conspiracy theories from Conservative Members—said:

“The MAC’s report is deeply concerning for the small business community.”

Dr Tim Bradshaw, chief executive of the Russell Group of universities, has said of the Migration Advisory Committee’s report:

“This was a real opportunity to steer the UK towards a more modern and intelligent immigration system, but the recommendations are unimaginative and, we believe, unworkable.”

The president of National Farmers Union Scotland said that the MAC had failed to take account of his organisation’s evidence. He said that the NFUS was very disappointed that the Committee had “not heeded” its “strong evidence” in its recommendations. The NFUS has raised concerns about trade, access to labour and support for agriculture.

Of course, the concerns about the MAC are not just confined to the business and university communities. They have also been expressed by the unions, particularly by the Scottish TUC. Public opinion is also with those of us who bring this issue to the House today. A recent opinion poll in The Herald carried out by ICM said that 62% of people in Scotland support a different immigration solution for Scotland.

I understand the general thrust of the speeches by Scottish Conservative and Unionist Members. There were only a handful of them—

[Stephen Kerr]

Quality, not quantity.

[Joanna Cherry]

Well, that is debatable. The point that they are making is, I suppose, in keeping with their unionism—that they would like to see a UK-wide solution.

The hon. Member for Stirling indicated that he had many problems with the Migration Advisory Committee’s report, but basically says that he wants a UK-wide solution. However, there does not seem to be much sign of a UK-wide solution that will resolve the concerns that have been expressed by the Scottish Conservatives, by business, by the universities, by the trade unions, and by the public in Scotland. I put this question to the Scottish Conservatives: if there is not going to be a UK-wide solution, would they support a Scotland-specific solution?

Claim of Right for Scotland

Debate between Stephen Kerr and Joanna Cherry

Wednesday 4th July 2018 Commons Chamber

[Stephen Kerr]

Of course, it is not the 1689 claim of right that is being debated today, but the 1989 one. The two are closely related as they both make reference to sovereignty resting squarely with the people—and I will vote for the motion tonight. These ideas build on the work of George Buchanan and the idea of sovereignty imbued with the righteous principle of vox populi, vox Dei.

The claim of right is specific and relates to the establishment of a Scottish Assembly, as it was then called—a promise delivered by the referendum of 1997, which returned a resounding yes vote. The principle is extendable, but it requires careful consideration. The principle of popular sovereignty must be used carefully. We should always seek to protect the views and interests of minorities. We do not have to look back very far in our history to see how popular sentiment has been used to justify some of the worst acts of oppression against minorities. Let us not forget the 85% of Scots who opposed the recommendations of the Wolfenden report in 1957, compared with nearly 51% in England. The fear expressed in popular will led to homosexuality in Scotland remaining illegal until 1980.

I belong to a Church that, historically, has seen a great deal of persecution as a result of fear, misunderstanding and prejudice. I understand only too well the prejudices that can be used by politicians to incite bigotry. When politicians feed on our worst fears and play to the crowd, they whip up a monster that is often uncontrollable, and do so with the excuse of projecting the popular will. I saw that last week with bigotry expressed against my constituents, especially those who voted for me, with the so-called All Under One Banner march in Stirling being led by a banner that stated, “Tory Scum Out”. That parade was attended by elected Members of the Scottish Parliament and, I think, of this place, too.

[Joanna Cherry]

The hon. Gentleman mentioned that the majority of Scots in the ’50s opposed the Wolfenden report and seemed to make that an argument against popular sovereignty. However, did not the majority of Members in this House oppose the emancipation of homosexual men for many years? Was it not human rights that brought about that emancipation and adherence to the convention on human rights, which his party seemed to oppose? It is not about popular sovereignty and parliamentary sovereignty—it is about the rule of law.

[Stephen Kerr]

I think the hon. and learned Lady knows full well the point that I am trying to make. [Interruption.] Well, it should not worry her.

As politicians, it is our job to lead well, not pander to people’s worst instincts, and to protect the principle that minority views and opinions must be respected. We have to remember that we are here, not to follow instructions from our constituents, but to lead. We have to make the case for a better country, a more tolerant country and a country that respects all. The representative democracy that we have in our country is worth preserving. It is representative democracy that has gone against popular sentiment in leading social change in our country, and long may it continue to do so. However, the popular will must always be in our mind.

Policy making by referendum is impractical. It does not provide an opportunity to secure real social change and poses a risk to the protection of minorities. In the history of our country, we have had an unprecedented number of referendums that have been constitutional in nature. Since 1975, people in Scotland have taken part in six referendums—on Europe; Scotland; Scotland; electoral reform; Scotland; and Europe. In other lands with different constitutional set-ups, referendums are more regular and more established in constitutional law. The Scottish referendum of 1997 still required a Westminster Act of Parliament to set up the Scottish Parliament.

This House is passing legislation to interpret and undertake the popular instruction to leave the European Union. The principle of respecting the will of the people is one that I agree with fundamentally. Whether it is the people of the United Kingdom voting to leave the EU, or the people of Scotland voting to keep the United Kingdom together, I agree wholeheartedly with the principle of respecting the will of the people. It is for Government to remember that, and the fact that the SNP Government in Edinburgh are agitating for a second independence referendum is a betrayal of the principle of popular sovereignty. When the people have spoken, as they did, it is time for Government to shut up.

When I speak to people in my constituency, they talk about indyref2 and tell me that they want the SNP to stop talking about that and get on with running the country. When they talk about leaving the EU, they tell me that the Government should get on with it. It is for Government to get on with it. This debate feels like the exact opposite. Debating what to most people are somewhat obscure constitutional matters seems like navel gazing, rather than focusing on the real work of government. People want the Government to work together and they want the Government to be effective, so they can get on with their lives unencumbered by constant politics. We need governmental systems that allow for this at all levels of government—Scottish, UK and local government—to work together to build a future for our country.

As I have said many times, Mr Speaker, I am confident that the work of our Stirling and Clackmannanshire city region deal, by showing a true partnership between Holyrood, Westminster and our local councils, will bear fruit. It will build a common set of economic objectives and do so by people working together. We need similar partnership working to be implemented elsewhere. On policy frameworks, we need systems that allow for decision making without gridlock. We need democratic oversight and efficient government. The rancour and the grievance that is generated by the SNP are unhelpful to all this. This debate is unhelpful to all this.

Let me conclude by saying that this is a debate on an obscure statement that has virtually no impact on the day-to-day lives of the constituents I am here to serve. No doubt many Members will find much to debate and discuss over the constitutional efficacy of the claim of right—whether popular sovereignty is right or wrong, drawing heavily on legal precedent and historical principles—but I would rather focus on improving the lives of my constituents and having a down-to-earth working Government. Let us focus on the pragmatic. Let us focus on getting on with the work of government. After all, is that not what our constituents would expect of us?

European Union (Withdrawal) Bill

Debate between Stephen Kerr and Joanna Cherry

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Stephen Kerr]

rose—

[Joanna Cherry]

He doesn’t know.

[Stephen Kerr]

The hon. and learned Lady, with her normal reserve, says that I do not know. The fact is that there are established processes by which the amendments that will now have to be made to the Bill in the House of Lords will come back here. Those processes were addressed by the Chair of the Public Administration and Constitutional Affairs Committee.

I do not want my next point to be lost, especially on my hon. Friends on the Government Front Bench—please do not underestimate the depth of disappointment and frustration among Scottish Conservative colleagues in the House. It does not seem appropriate for the Government to blame outside influences for the lack of an amendment. [Interruption.] SNP Members say, “Yes.” But it took until October to get an agreement to the principles by which we would proceed towards the agreement that I, and many of us here, regard as essential. Why did it take so long? Well, the fact is that the nationalist Government in Edinburgh are approaching the matter, as usual, with a wrecking mentality. They want to create a constitutional crisis that precipitates their beloved second independence referendum. The First Minister was at it again this week, talking about another independence referendum. The people of Scotland have spoken on this matter, but the SNP will not listen and its Members claim to be the democrats in this House.

European Union (Withdrawal) Bill

Debate between Stephen Kerr and Joanna Cherry

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Joanna Cherry]

I will continue my point.

We are told that it is imperative for everything to be imposed on Scotland, Wales and indeed Northern Ireland from the top down, because we have a UK single market.

[Stephen Kerr]

Will the hon. and learned Lady give way?

[Joanna Cherry]

No, we have heard a lot from the hon. Gentleman. I only have a little time left, and I want to develop my point about the single market, because it is very important. I am indebted to the Scottish blogger and writer Paul Kavanagh—better known on these Benches as the Wee Ginger Dug—for my thoughts on this matter. He has pointed out that there is no such thing as a UK single market. At the moment, the United Kingdom is a unitary state, and what exists in the UK is the internal market of a unitary state. A single market refers to the situation where there are several distinct and discrete national entities coming together from the bottom up in a mutually agreed and negotiated regulatory framework. That is what the EU is at present. It is not what we have in the United Kingdom at present. Indeed, after Brexit, if this Bill goes through unamended, the unitary state of the United Kingdom will be even more centralised than it is at present.

At the moment, the EU states decide collectively what regulations they want to govern the EU single market. On the basis of the Bill as currently drafted, what will happen is that Ministers of the Crown—by the way, that does not include Scottish Ministers; the definition just talks about Cabinet Ministers—will decide on these frameworks, and they will be imposed on us.

I am conscious of what you said, Sir David, so I will bring my remarks to a close, but I will give way to the hon. Gentleman.

[Joanna Cherry]

The distinction I am drawing is between a single market and a unitary market. I am saying that the European Union is a single market because it is a collection of sovereign states that come together and participate in making common regulations. The United Kingdom, as framed by this withdrawal Bill, will not be such a single market. It will be a unitary market where the regulations and the frameworks are imposed from the top down. That is the distinction that I seek to make.

[Stephen Kerr]

Will the hon. and learned Lady give way?

[Joanna Cherry]

As I said, I am drawing my comments to a close.

I want to address one of the many points we have heard from the Government Benches. I think it was the hon. Member for Aberdeen South (Ross Thomson) who said that he is upset and disappointed that the issue of independence is still on the table. Well, I will tell him why it is still on the table; today gives us a good example. The majority of people at the last Scottish election voted for Members of the Scottish Parliament who want another independence referendum—it is called democracy —and the Scottish Parliament itself has voted that there should be another independence referendum if it is necessary because of the Brexit process. But the reason why so many of us in Scotland are interested in the notion of independence really arises from the current crisis in which the United Kingdom finds itself. I will finish by quoting the First Minister of Scotland, who today said:

“Right now, Ireland is powerfully demonstrating the importance of being independent when it comes to defending your vital national interests.”

European Union (Withdrawal) Bill

Debate between Stephen Kerr and Joanna Cherry

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Stephen Kerr]

My hon. Friend’s excellent point brings me neatly to the nationalists, who have called the Bill a power grab and a threat to the devolution settlement. It is no such thing. They cannot name one power that the UK Government intend to grab back from Holyrood.

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

Does the hon. Gentleman agree with the Law Society of Scotland, a non-partisan body, that the Bill would remove legislative competence from the Scottish Parliament, including in areas of law not reserved to the UK, such as agriculture and fisheries? Has he read the Bill?

[Stephen Kerr]

The answer to the first question is no. I remind the hon. and learned lady, however, that it was a Conservative Government who passed new powers to the Scottish Government, and there is no evidence, other than in the feverish imagination of SNP Members, that the UK Government intend to grab back any devolved powers.

To the contrary: I have lost count of the number of times Ministers have said in this House and elsewhere that they anticipate that the Scottish Parliament will have new enhanced powers because of Brexit. The irony is that the SNP, if it ever got its way, would hand those very powers back to Brussels. The SNP Government have spent the past 10 years power grabbing for themselves from local government and local communities, and their incessant centralising of power has undermined the very fabric of local democracy in Scotland. Just a few days ago, Scottish Ministers, against all advice, including from their own reporter, ran roughshod over local democracy in Stirling by foisting a huge commercial development on scenic greenbelt at Park of Keir. Many of my constituents—