European Affairs
Debate between Stewart Hosie and John Lamont(6 years, 2 months ago)
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John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
I would like to focus on the ongoing negotiations between Scotland’s two Governments on the powers set to be transferred from Brussels to the Scottish Parliament, which will have an impact on Scotland’s ability to do business and trade, especially if we get it wrong.
While those negotiations are ongoing, and in the light of the fact that the UK Government have now published their amendment to clause 11 of the EU withdrawal Bill, the SNP Scottish Government are rushing another Brexit Bill through the Scottish Parliament. The EU withdrawal Bill may have its faults, but it is at least legal; the same cannot be said of the SNP Government’s so-called continuity Bill, which is currently being considered by Holyrood. It has been ruled unlawful by the Scottish Parliament’s Presiding Officer and strongly criticised as inconsistent by a range of experts, yet it is still being rushed through in a few days with minimal scrutiny by MSPs.
Stewart Hosie
I hope that the hon. Gentleman will be very clear in his words. The continuity Bill has not been declared illegal by anyone. The Presiding Officer has raised a question over its competency, but as the hon. Gentleman well knows, the Lord Advocate has said that it has been carefully drafted so that it is not incompatible with EU law and does nothing to alter EU law until after Brexit, and he made the rather serious point that it is simply preparing for Brexit in exactly the same way as the UK’s withdrawal Bill. I hope, therefore, for the sake of clarity and accuracy, that the “illegal” word will be withdrawn.
Stewart Hosie
No, I have given way twice, and there are no extra minutes left.
As my hon. Friends said earlier, we accept in principle that there may be a need for UK-wide frameworks on some matters. It is true that the Scottish and Welsh Governments have been working with the UK to investigate those issues and explore how those frameworks would work. However, it is vital to recognise and respect the way that devolution works. If it is not reserved, it is devolved. If it would normally fall under the remit of the Scottish Parliament and is currently in Europe, it must be put into the devolved institutions now. Should a UK-wide framework and joint working be required, let the UK, the Scottish, the Welsh and indeed the Northern Ireland Governments negotiate that framework.
What we simply cannot have is a power grab where the powers that the UK Government are not certain about are taken back to London, and they then decide in a very patronising way what, if anything, might be devolved in the future. It is completely unacceptable for the UK Government to rip up the devolved settlement. That, in a sense, is the consequence of the power grab.
On Thursday 8 March, the UK Government said that they had drawn up a new list of powers, including ones they say are reserved, that had not previously been shared or discussed with the Scottish or Welsh Governments. A year down the line of these negotiations, a new list is drawn up. We have agreed that the list should be published for the sake of transparency, but we certainly do not agree to the list.
Stewart Hosie
No, I am not going to give way again.
The Scottish Government are being asked to sign away the Scottish Parliament’s powers with no idea how UK-wide frameworks will work, how they will be governed and how we will go from them being temporary restrictions the UK Government want to agreeing longer-term solutions.
Despite the UK Government’s promise, they failed to bring forward an amendment in the House of Commons to the flawed clause 11 of the withdrawal Bill. Those measures are going through the Lords, but of course, that does not allow proper debate in this place. However, a new amendment—the one that has been proposed—would still allow the UK Government to restrict the Scottish Parliament’s powers unilaterally through an order made in this place, and it could be done without requiring the consent of either the Scottish Parliament or the Scottish Government.
If Brexit is itself, as I believe, an unmitigated disaster, its implementation—because it has not been thought through, and there is no plan—is threatening devolution entirely. There is a lack of understanding and respect for the idea that if a power is not reserved, it is devolved. I therefore ask the Minister to return to the respect agenda: if a power is not reserved, devolve it now. The Government should stop the power grab and get on with negotiating properly with the devolved Administrations, so that the UK withdrawal Bill can actually work without threatening the powers of the other nations within the UK.