Constitutional Law

Debate between Tommy Sheppard and Nigel Evans

Tuesday 21st May 2024 Commons Chamber

[Angus Brendan MacNeil]

Further to the point made by the hon. Member for Glasgow North (Patrick Grady) about the shadow Health Secretary pointing out that all roads lead to Westminster, and that the spending constraints and austerity that have been chosen were foisted upon everybody, it is a ridiculous situation, surely, when Scotland’s hands are tied like no other country in Europe. Spain does not decide its priorities for health spending based on what France is spending, so why should Scotland or Wales do similarly? Why also do the Barnett consequentials stem from only one of the nations of the UK? Wales probably has the greatest health needs, but we do not see money for England as a consequence of Welsh needs or Scottish needs. Why does it all stem from the one part? That is something those of the Tory-Labour “Better Together” agenda have never addressed: the imbalance of the UK, with one partner in the lead and the rest having to follow with the choices they make for us.

[Mr Deputy Speaker (Mr Nigel Evans)]

That intervention was longer than many speeches I have given here.

[Tommy Sheppard]

I think I agree with the sentiments expressed by the hon. Gentleman. To come back to the discussion on capital borrowing requirements, the other important point that must surely be made, which reflects what he says about who is responsible, is that there is context. That context is a 16% cut—16.1%, to be exact—in the block grant available for capital funding of public services in Scotland. That is not my figure; it was provided by the House of Commons Library in an analysis done on figures provided by the Treasury. That is the real-terms cut that central Government are making, and it means that the borrowing limits available to the Scottish Government have then to be used to compensate for those cuts and to mitigate their effects.

There has been discussion about how these borrowing limits came about as a result of the Smith commission proposals, but this order is in direct contravention of the spirit of the Smith commission. The proposal from the Smith commission was not that UK capital spending that takes place in Scotland should be devolved to the Scottish Government and the Scottish Government should take control of it. That was not the proposal; I might have considered that and supported that, as somebody who supported full fiscal autonomy for the Scottish Government at the time, but that was not what we were discussing.

The proposal that came from the Smith commission was for a supplemental capacity for the Scottish Government to borrow additional moneys to fund particular projects and public services in Scotland if they had a mandate to do so. It was not meant to compensate for core capital funding. Therefore, as the Scottish Government are now being forced to do that, the cost of UK capital spending in Scotland is being incrementally transferred from the UK Exchequer to the Scottish Government. That, my friends, is a Union dividend in reverse. That is a Union penalty. That is the price we are having to pay for being part of these arrangements.

Strikes (Minimum Service Levels) Bill

Debate between Tommy Sheppard and Nigel Evans

2nd reading
Monday 16th January 2023 Commons Chamber

[Tommy Sheppard]

Indeed, I do. Across the public sector we see people who, in recent years, saved us from the trials of the pandemic. These are people who should be venerated, not demonised. They should be paid, not punished.

The international comparisons made in this debate are so spurious when we look at them. Not a single country in Europe has legislation like this. The minimum standards everywhere else are negotiated. There is no other country in which a person can be sacked for going on strike if their employer says they cannot, as proposed in this Bill.

The proposals in relation to Scotland and the devolved Administrations are the most pernicious. Is it because the Government are jealous or frustrated at the fact that the Government in Scotland take a different view—that, rather than demonise trade unions, they will sit down with them, respect them and try, within the constraints, to get a negotiated deal? Are the UK Government so furious with the Scottish Government for doing that that they now see the need to export, across the border, a conflict in our industrial relations? That is what is coming, and it is a slap in the face to everyone who supports devolution. This Bill proposes that, in devolved services such as transport, health and education, the parameters for operation will not be set by the elected Parliament in Edinburgh but by this place, even if the parameters do not fit the circumstances. People in Scotland will reject these proposals, as they reject the other attempts to erode the limited power they have. And they will call for complete control of industrial relations in Scotland—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Not everyone is going to get in. If Members take interventions, more people will not get in.

Misuse of Drugs Act

Debate between Tommy Sheppard and Nigel Evans

Thursday 17th June 2021 Commons Chamber

[Tommy Sheppard]

I will come on to look at that concept and drug consumption in a minute, but what I am talking about is the fact that people have no ability to come to a health professional and say, “What is this?” They have no ability to ask for clean needles, because these actions are prohibited under the 1971 Act and the schedules to it.

The third thing, which has already been remarked upon, is that the Act stigmatises, big time, those who use drugs and puts them in a position where they are unlikely, because of social opprobrium, to ask for help. We surely need to have a review and a fresh think about a problem that is so manifestly out of control and where the existing legislation is so manifestly unable to provide any assistance.

I always like to try to see the other side of the argument, so I want to ask: why are people resistant to review? Why do they want to hold on to things as they are? I can only conclude that it is because they fear the consequences of decriminalisation or of changing the law. They must somehow think that if we were to do that, we would open the floodgates and unleash supply into communities where there are not already drugs, and that many more millions of people would get caught up in the problem, because we would not have the criminal mechanisms that we have at the minute. I say to any colleagues who think that: wake up and see what is happening on the streets of your constituencies.

Those colleagues should come with me to any medium-sized town in this country, stand in a bar and make their intentions known as to what they would like. Within one hour they will be offered any drug of their choice. If they do not want the personal contact, they could order in advance. If they go on the internet, they will find a mobile phone number on which, through the county lines network, they can order whatever they want and it will be delivered to their door. Sometimes people will even get a customer service message asking for feedback on the supply. That is the extent of what we have at the moment.

It is just fantasy to suggest that there are loads of people out there who are somehow prevented from getting into drugs by the Misuse of Drugs Act 1971. That is not the case, so we surely need to have a grown-up conversation about what we should do given that potentially a third of our citizens could be made criminals by legislation that is so manifestly unfit for purpose.

I hope that the Home Office and Ministers can begin that process of review with an open mind, rather than just defending the status quo. They should be prepared to look at an evidence-based approach, drawing on international comparisons, and to try to work up a better system that is grounded in protecting public health and wellbeing, rather than trying to criminalise behaviour. I and my party would support—I think there would be support in all parts of the House—any bold Minister who wanted to take that initiative and begin that dialogue. I am not saying prescriptively what should be in such a review; I am not saying how it should be done. I simply want to have the dialogue, the discussion and the debate, because too many people are dying for us not to do so.

While we are doing that, there are some things that ought to be done immediately. I want to turn for a moment to the question of drug consumption rooms—probably better called overdose prevention centres. These are medical facilities, and I have been in them and seen them working in Portugal, Germany and Canada. These are medical facilities where someone can use their own drugs under medical supervision. Such places are not going to make the overall problem any better; what they do is drive a focus into the very sharp end of the problem—the point at which people are dying.

At the moment, people do not voluntarily overdose because they are fed up with life and want to commit suicide. That is not the case at all. People are taking substances and they do not even know what is in them. Sometimes these substances contain a lethal concoction which is much, much stronger than they thought it was going to be. Because it is all criminal activity, it has to be done behind closed doors. It is not something that someone does in the open. By the time someone realises they have a problem—by the time they cannot breathe, they have a heart attack or they need medical help—it is too late to call for assistance. For the limited number of people in those circumstances, being able to satisfy their immediate addiction under medical supervision would literally be a lifesaver. That is what happens in other countries.

It is blindingly obvious that we ought to try to consider having such places here, but the law forbids it. Even pending a change in the law, by regulation the Home Office should allow pilot centres to emerge so that we can see for ourselves whether they would work here. After all, what is there to lose? There is nothing to lose and everything to gain—there are lives to gain.

This idea does not stop people using drugs; it does not get rid of the problem; it does not make people get their life back together; it does not get people the medical help or social services help that they might need; it does not get them a job if they have not got one—of course it does not, but it keeps them alive long enough so that those interventions can take place further down the line. We cannot give help to a dead person, and that is why it is so vital that we have a sensible discussion about drug consumption rooms and supervised facilities. The Scottish Government stand ready and have been pressing the Home Office to allow them to go ahead and do that in Glasgow, which brings me to my final point; I know you did not want people to go on too long, Mr Deputy Speaker, so this will be my final point.

We have a bit of a disjuncture in the interrelationship between the devolution of political authority and Administrative action in the United Kingdom and this particular problem, in that the whole criminal framework—the 1971 Act and others—is a reserved matter for Westminster, which sets the problem, if you like, but dealing with the consequences of that, including the health and social care and the economic fall-out from that policy, is a matter for the devolved Administrations. Without getting into the arguments about Scottish independence or whatever, it seems to me a matter of ultimate sense and grown-up policy to have the same part of government responsible for the regulation as is responsible for mopping up the consequences of the problem. That is why, when the time comes, we need to urgently look at devolution of the controls currently in place in the ’71 Act, and whatever replaces it, to the devolved Administrations, and to locate them within a health and social care context, which is already devolved.

In advance of that, I have spoken with the Minister several times on this matter, and I trust that he is thoughtful about it. I think he is prepared to consider other points of view and evidence, but I think he feels himself mightily constrained by tradition, convention and, perhaps, political pressure elsewhere. However, he has now received a letter from the Drugs Policy Minister in Scotland, Angela Constance, asking for a four nations summit to consider, among other things, establishing pilots of these types of medical facilities. I hope very much that he will today confirm that his reaction to that is positive and that, if we cannot change things overnight across the whole UK, he is prepared to let us employ the apparatus of devolution to allow one part of the UK to go beyond where other parts are perhaps willing to go at the minute and to collate the evidence to point a way to the future, which could then lead to best practice being adopted throughout.

We have a responsibility not to continue to stick our heads in the sand on this matter; there has been a collective exercise of ignoring the blindingly obvious for far too long. We are not voting on this today, but I appeal to colleagues to do what they can through the various structures of this place and within their political parties—this matter should not divide us on party grounds—to consider why we need a review after this half-century and why things are so clearly wrong that we must do something. We cannot continue to stick our heads in the sand and pretend that things are okay. Now, 50 years after the passage of the Act, is the time to admit that it is not working and to do better. The citizens of this country deserve that.

[Mr Deputy Speaker (Mr Nigel Evans)]

I ask every Member to focus on not speaking for more than five minutes, if they could. I will not put a time limit on yet, but I may be forced to in order to protect other business.

European Union (Notification of Withdrawal) Bill

Debate between Tommy Sheppard and Nigel Evans

Tuesday 31st January 2017 Commons Chamber

[Mr Evans]

It was said that a number of things would happen when we left the European Union. I suspect that the reality is that many were somewhat surprised that the British people had the guts: despite what they were told was going to happen, they still decided to vote to leave the European Union. I remember the then Prime Minister appearing on television and saying that if we voted to leave, we would also be leaving the single market—he actually said that on the “Marr” programme just a couple of weeks prior to the referendum on 23 June. As Prime Minister, he said that, so we needed to take heed. People knew that. He said it to frighten people into not voting to leave the European Union.

[Tommy Sheppard (Edinburgh East) (SNP)]

rose—

[Mr Evans]

I will make a bit more progress if I may.

Despite all those threats, the British people decided that, in their considered opinion, they wanted to vote to leave the European Union. About 57% of my constituents voted to leave—all the Lancashire constituencies, in fact, voted to leave the European Union. In the north-west of England, on a 70% turnout—not a thin turnout— 54% decided to vote to leave. That reminds me of the referendum on Welsh devolution. The turnout was 50.1%, 49.7% of whom said no and 50.3% of whom said yes. And what did we do? We did not shout for a second referendum. We did not even call for a recount. Is it too late? The fact is that we accepted the result on a thin turnout and a very close result indeed, and that is what is expected of us on this occasion.

I condemn the pamphlet that was sent to every household in the country at the cost of £9.3 million. I was one of the people who did not send it back to No. 10 Downing Street without a stamp; I kept it as a souvenir. The back of it read:

“This is your decision. The Government will implement what you decide.”

Therefore, if we believe in democracy, the onus is on us to accept the verdict of the British people—52% versus 48%—and give the Prime Minister the power to trigger article 50.

I fully recognise the trauma felt by many European Union citizens who live and work in this country, thinking they could be asked to leave. The idea that we will round up EU nationals and put them on the next Ryanair or easyJet flight back to whichever country they came from is bonkers. That would be quite despicable, and we ought to clarify as quickly as possible that we will not ask that of them.