European Union (Withdrawal) Bill

Debate between Tommy Sheppard and Chris Skidmore

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

[Tommy Sheppard]

I was going to reassure the hon. Member for Stirling (Stephen Kerr), who is no longer in the Chamber, that, given the lateness of the hour, I can do nothing other than be reasonable and mild mannered in my presentation. He seemed fearful that SNP Members would go berserk and worried that we were putting our case with too much passion. Let me try to put this as reasonably as I can.

I want to agree with Members who have talked about the positive cross-party nature of what is happening. There are three parties on the Opposition side of the House that differ quite significantly on our preferred constitutional outcome or endgame for Scotland, but we are united in trying to defend the gains of devolution that have been made during the past 20 years. Indeed, I think that some of the Scottish Tories might feel that way too, given the discussions we have had in the Scottish Affairs Committee. They seem too timorous to exercise that conviction by going through the Lobby with us tonight, but perhaps they will be persuaded in the fullness of time.

By way of context, we need to remember two things. One is how the interplay between the referendums of 2014 and 2016 in Scotland affects this debate. I was on the losing side in 2014—I lost the Scottish independence campaign—and I accept that result. However, it is important in understanding why Scotland voted to remain in the United Kingdom to look at some of the assurances that were given by the people who won that campaign, because that affects this debate. I am going to talk not about the obvious one, which is what was said about EU membership itself, but about two other things.

First, all parties that campaigned for a no vote in the 2014 referendum went out of their way to stress that there was no threat to the devolution settlement, and that they would defend and extend it. The other assurance given was that should Scotland vote to remain in a political Union with England, Wales and Northern Ireland, this was not a matter of one country being subsumed into a much larger neighbour, but the creation of a partnership of equals—a multinational yet unitary state—with the views of Scotland therefore respected in any future debates. I am now calling to collect from this Government on both their respect for and commitment to devolution because, as far as I can see, the way in which clause 11 is currently written means that it recognises neither of those points. It is regrettable that at this relatively advanced stage of our discussions on the Bill, we still do not have any agreement whatsoever about some basic things.

The other factor we need to remember by way of context is of course the debate about devolution itself. I was heavily involved in the campaign that led to the creation of the Scottish Parliament, arguing for yes, yes in 1997. I was not in the House when Members debated the Bill that became the Scotland Act 1998, but I observed the proceedings and we can read the transcripts. We know that Parliament, led by the late Donald Dewar, clearly took a maximalist position. It basically said that everything should be devolved unless there was a case for its not being so, which is why the 1998 Act lists not the powers that are devolved, but the powers that are reserved.

If we had not been in the European Union when Parliament was debating the Act, how many of the 111 areas of responsibility would have been reserved and how many would have been devolved to the Scottish Government? The truth is that practically all of them would have been devolved without question, because there would have been no compelling case for reserving them. I think that people misunderstand the nature of the debate when they talk about the transfer of competences from the EU to the UK following Brexit.

Let us be quite clear that the reason why the European Union currently has some legislative competence in devolved areas is to ensure compliance with the treaty on European Union. That is what this is about. If Brexit goes ahead and we come out of the European Union, that, de facto, will not be required, so whatever the UK Government say about taking on these areas of competence, it will not be about complying with the terms of the treaty on European Union. The only thing it can be about, given that we already have a single economy in the United Kingdom, is convergence on policy. The transfer raises the possibility that we will move from compliance with international agreements to compliance with domestic policy. That is what I mean by a power grab, because it represents a severe potential constraint on the ability of the Scottish Parliament to legislate and act in its devolved areas.

Ministers will say, “That’s not the intention. This is a drop-off point for the powers so that we can then decide the best way for them to go to their final resting place.” I have to say to them that we are politicians, not psychics. We have to deal with what is written in the Bill that they have brought before us, not their intentions for what might happen as they go towards their endgame. What is written in the Bill is most clearly not what is being argued for by Ministers. If that were the case, we would have a schedule by now outlining which of the 111 powers can go straight to the devolved authorities on exit day, which of them definitely need to be reserved in the context of the 1998 Act, and which of them need further exploration through some sort of process, but we have heard nothing about a single one of them.

I say to Ministers that, even from a public relations point of view, would it not have been sensible to at least chuck a few of these powers the way of the devolved Administrations? No. 9 on the list is about blood safety. What is it about the Scottish health service and blood transfusion service that they do not trust? Why on earth would blood safety need to be reserved to the UK? Energy efficiency is another power on the list. Is it the end of the world if Scotland pioneers aspects of efficient energy use and perhaps leads the way in the UK? How is that a threat to the Union? Why do Ministers need to keep those powers? There are other examples that illustrate the ridiculousness of arguing that there should be even a temporary drop-off of these powers at Westminster. Such powers should clearly go to the devolved Administrations.

I am left wondering why this is being done. The obvious first answer is the phenomenal degree of administrative competence involved. I think that there is malintent on the part of some Conservative Members, but probably not on the part of its Front Benchers. However, I think Ministers have got themselves into a situation in which, because they have been incapable of producing a plan, they simply have no option but to say, “Trust us for now; we’ll do the best thing in the end.” It is very difficult for this Parliament to accept those assurances.

I think there is another red herring with the idea that a further reason why these powers need to be retained and examined further is that there might otherwise be interference with the United Kingdom’s ability to strut the post-Brexit globe in its ambition for “Empire 2.0”. There is a fearfulness that people in Scotland or Wales might act like the Wallonians and try to frustrate the creation of an international trade agreement. How ridiculous is that? Would it really matter if the Scottish Government introduced a policy that said, “We don’t wish to have genetically modified food in our food chain”? How is that a threat to an international trade agreement? All that would need to be done would be simply to specify that that was what people would need to deal with in Scotland, and that anybody wishing to sign the agreement would, quite reasonably, be able to do so.

The only way that that could become a threat to post-Brexit deals would be if there was a suggestion that the Scottish Government and the Welsh Assembly should take to themselves a power to veto a future UK international trade agreement, but no such power is being discussed. It is ridiculous that we should not by now be discussing which powers are going where, rather than arguing that nothing can be done apart from a power grab by the Westminster Government.

Finally, the common frameworks that we need for these 111 areas are going to be entirely different, depending on the individual area. In some cases, it might just be a simple matter of agencies north and south of the border talking to each other and sharing best practice. There are probably very few areas that actually require a full-blown statutory regulatory framework across the United Kingdom.

[Chris Skidmore]

indicated assent.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

indicated assent.

House of Lords Reform: Lord Speaker’s Committee

Debate between Tommy Sheppard and Chris Skidmore

Wednesday 15th November 2017 Westminster Hall

[Chris Skidmore]

Well, we had our chance in the House of Commons to drive reform—[Interruption.] I know the hon. Gentleman was not there at the time, but Labour Members voted with Members of another party to block the programme motion. I do not want to revisit the details, but they show that we had the opportunity to introduce a partially elected Chamber. The coalition Government—this is now in the annals of constitutional history—attempted to introduce an elected Chamber, but that was not possible, so we have learnt that the best way forward is to work with the Lords to look at what is possible and achieve change within a realistic timetable.

That is why we welcome the work of the Lord Speaker’s Committee, which was chaired by Lord Burns. As Members are aware, in December 2016 the House of Lords passed a motion stating that its size should be reduced. The Government welcome the fact that the House of Lords had that debate and passed that motion. It is absolutely vital that the House of Lords recognised that its size should be reduced and that methods for how that might be achieved should be explored.

Following the motion, the Lord Speaker established a Committee, chaired by Lord Burns, to identify practical and politically viable options for reducing the size of the House that would not require primary legislation. Just as important as the point about consensus is the point about primary legislation. Achieving this viable change that allows us to reduce the numbers in the House of Lords over a period of time—I will look at the detail in a moment—is about the art of the possible and ensuring that we can begin the process that is needed.

The Government thank Lord Burns and his cross-party Committee for their work. It met 22 times and took evidence from more than 60 Members of the other place. They clearly put a great deal of work and effort into the report. Its key recommendations include a reduction in the size of the House of Lords to 600 Members, which would then become a cap. To reach the target of 600, there should be a guiding principle of two out, one in. When the target of 600 had been reached, all vacancies would be allocated on a one-out, one-in system. Vacancies should be overseen by the House of Lords Appointments Commission and allocated to each of the parties according to a mean average of their percentage share of the seats in the House of Commons and their percentage share of the national vote in the most recent general election. It also recommended fixed-term membership of the House of 15 years for new appointments, enforced by the House of Lords code of conduct.

The Government will consider the recommendations carefully. The report is incredibly detailed, and I encourage all hon. Members of both Houses who have not read the report to read through its pages.

[Tommy Sheppard]

I am keen to press the Minister on one point. The report’s introduction makes it clear that for the non-legislative reforms to work, they will require the consent of the Prime Minister of the day for the appointments they make to the upper House, both in terms of the number and the proportion across the parties. Is he in a position to say on behalf of the current Government and Prime Minister whether they will try to achieve those objectives or seek to frustrate them?

[Chris Skidmore]

Following on from my key point about consensus, the history of Lords reform shows us that if proposals are to be effective and stand any chance of succeeding, they will need to command a consensus across the House of Lords. The Government want to listen closely to what peers have to say in response to the report. I believe that before the Government set out their position, it is important to test the mood of the House of Lords on the proposals to see whether a consensus will emerge.

On the question asked by the hon. Member for Crewe and Nantwich, the Government will make time for a debate in the Lords, and I can say today that it will take place before Christmas. I hope this debate provides material for the Lords to consider. It has been incredibly timely, given that the Lords will debate this issue in the other place before Christmas. The Government look forward to that debate.

Oral Answers to Questions

Debate between Tommy Sheppard and Chris Skidmore

Wednesday 5th July 2017 Commons Chamber

[Chris Skidmore]

The electoral register is held by 380 electoral registration officers. It is right that that remains locally accountable to communities. We do not intend to introduce any central registration system, which would cost upwards of £80 million, but we are interested in looking at this issue, which is a serious one. As I said, I am meeting the Electoral Commission and look forward to taking forward proposals in due course.

[Tommy Sheppard (Edinburgh East) (SNP)]

This new ministerial team would be wrong to pander to the near-obsession of their own Back Benchers with the idea that the principal problem of our electoral system is voter fraud. In fact, the biggest thing that undermines our parliamentary democracy is that more than 14.6 million of those who were registered to vote did not do so four weeks ago. Will the Minister make good on the promises, which I have received twice already in this Chamber, to bring forward proposals to increase democratic participation in our country?

[Chris Skidmore]

The hon. Gentleman mentions a 14 million figure, and we heard a 7 million figure earlier from a Labour Member. What we know from the data is that there is a specific churn of people moving properties, particularly renters and home movers. The Government want to address that to make sure that we have better data, so that we understand where people are registering and why they are registering. That is why we will bring forward a democratic engagement strategy to ensure that we have a democracy that works for everyone.

Oral Answers to Questions

Debate between Tommy Sheppard and Chris Skidmore

Wednesday 22nd March 2017 Commons Chamber

[Tommy Sheppard (Edinburgh East) (SNP)]

The national insurance registration process is one way to increase electoral registration and therefore democratic participation, but there are others, including education, auto-enrolment—as my hon. Friend the Member for Midlothian (Owen Thompson) suggested—and, of course, online voting. When previously I pressed the Cabinet Office on this matter, it said there would be a plan in the spring to widen democratic participation. Spring is here. Where is the plan?

[Chris Skidmore]

Indeed, spring has sprung, and my commitment to ensuring that we have a democratic engagement plan is still maintained and in place. We will publish that plan shortly, in due course. We are committed to ensuring that we have a democracy that works for everyone, and that includes young people as well.

Oral Answers to Questions

Debate between Tommy Sheppard and Chris Skidmore

Wednesday 8th February 2017 Commons Chamber

[Chris Skidmore]

My hon. Friend is entirely right. We expect that by introducing the pilot schemes, we will provide invaluable learning for strengthening our electoral system, but we also want to learn from international comparisons with countries such as Canada, Austria and Brazil, which require voter identification. As I have stated, voters in Northern Ireland have had to present identification since 1985, and photographic identification since 2003. Further information is available in the Electoral Commission’s report “Electoral fraud in the UK”. We will consider the international comparisons going forward.

[Tommy Sheppard (Edinburgh East) (SNP)]

The Government are deluding themselves if they think that personation is the main challenge to the integrity of our democratic system. The main challenge to its integrity and credibility is the fact that millions of our fellow citizens who are entitled to vote do not do so. Would it not be better for the Government to spend time and money on pilot projects designed to increase participation, such as a radical overhaul of how we teach democratic rights in schools; on pursuing online voting; and, most of all, on automatic voter registration, so that the ability to vote is not something people have to apply for?

[Chris Skidmore]

I am grateful to the hon. Gentleman for raising democratic participation. As I have stated, we now have a record 46.5 million people on the electoral register and turnout at elections is at a record level. Nevertheless, we can and must do more. The ideas of a clear and secure democracy and looking at voter identification pilots are just part of a package of measures. We also have another crucial strand: ensuring that every voice matters. In spring, I will set out our democratic engagement strategy, which will include further pilots of schemes to use civil society groups to encourage voter registration.

Oral Answers to Questions

Debate between Tommy Sheppard and Chris Skidmore

Wednesday 14th December 2016 Commons Chamber

[Chris Skidmore]

I refer again to the debate that took place last week, in which an interesting consensus developed. Baroness Evans, the Leader of the House of Lords, said in her summing up:

“It is right that we collectively seek a solution to address concerns about the size of this House raised today while ensuring we continue to refresh and renew our expertise and our outlook so we remain relevant to the Britain of today and the future.”—[Official Report, House of Lords, 5 December 2016; Vol. 777, c. 590.]

The House of Lords has a critical part in our constitution as a revising Chamber, and I hope that will continue.

[Tommy Sheppard (Edinburgh East) (SNP)]

Last week, we witnessed the outrageous spectacle of Tory peers trying to filibuster plans that would have removed the archaic charade of the hereditary peer by-election that takes place in the House of Lords, in which a small number of privileged Lords decide which among their number will join that legislature. Does the Minister not agree that that makes a laughing stock of the House of Lords and underlines the need for this House to engage in serious plans for reform?

[Chris Skidmore]

It is a shame that there were no SNP Members of the House of Lords taking part in that debate because that party refuses to engage in the democratic process and lets down the people of Scotland by not allowing them adequate representation. Talking about frustrating processes, there was a vote in 2014 in which 2 million people voted to remain as part of the UK, but that party over there continues to frustrate the will of the Scottish people.

Oral Answers to Questions

Debate between Tommy Sheppard and Chris Skidmore

Wednesday 2nd November 2016 Commons Chamber

[Tommy Sheppard]

Thank you, Mr Speaker. I think that people watching this debate will be terrified by the complacency of this Government. Does the Minister not realise that the twin actions of increasing without limit the number of unelected Members of Parliament while reducing the number of elected lawmakers is seriously damaging this institution in the eyes of our own electorate and lowering the esteem in which we are held abroad?

[Chris Skidmore]

The Government agree with the primacy of the House of Commons. The hon. Gentleman made those points in a debate on 26 October, and at that time the House agreed with the Government that this was not a priority and that our priority should be to equalise seats and to ensure that the historic principle of boundary reform occurs.

Oral Answers to Questions

Debate between Tommy Sheppard and Chris Skidmore

Wednesday 7th September 2016 Commons Chamber

[Chris Skidmore]

I hope you do not mind, Mr Speaker, but I would like to pay tribute to my predecessor for the work he has undertaken. He has left me with a rich inheritance.

The incident involving Charles Moore is the subject of an investigation, and therefore it would be inappropriate for me to comment on it. I note, however, that the Law Commission report includes recommendations on electoral residence, which the Government will respond to in due course.

[Tommy Sheppard (Edinburgh East) (SNP)]

I welcome the Minister to his position, and I look forward to working with him. I think there has been a frightening complacency in the answers to this question so far. The Prime Minister spoke recently on the steps of Downing Street about the disfranchised. Does the Minister not realise that the voting system itself disfranchises many of our citizens, particularly 16 and 17-year-olds and those who vote for minor parties? Will he now commit, in this new Government, to reviewing our system to make it more fair and democratic?

[Chris Skidmore]

The Government are committed to ensuring that we have a democracy that works for everyone. Already, the introduction of individual electoral registration has made it easier to register to vote than ever before, with 20 million applications to register to vote online since 2014. The Electoral Commission’s report from July 2016 found that thanks to IER, electoral registers are not only more complete than ever before, but, critically, more accurate than ever. The Government recognise that there is always more to do, and we are committed to a programme of boosting registration among certain vulnerable groups in order to build a more engaged democracy.