Safety of Rwanda (Asylum and Immigration) Bill

Debate between William Cash and Alistair Carmichael

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

[Sir William Cash]

I signed the Government’s motion to reject Lords amendment 1 and am happy to support them in it. The fact is that the Lords amendment would add to clause 1(1) the words:

“full compliance with domestic and international law.”

The problem is that that would make the clause one of the most serious and dangerous clauses I have seen in recent statutory history. It would contradict one of the most fundamental principles of our constitutional law.

As my right hon. and learned Friend the Minister for Countering Illegal Migration said, we have a dualist system—I have referred to it several times in the past—and it is fundamental. That is unlike Germany, as article 26 of its constitution states that international law is the most fundamental part of its constitutional arrangements; articles 65 and 66 of the Dutch constitution contain a similar provision. We have a dualist system, and the sovereignty of our Parliament is imperative. Over many generations—in fact, going back centuries—all the court cases, whether in the House of Lords or in the Supreme Court, make it absolutely clear that where words used in statute are clear and unambiguous, and where Parliament’s explicit intention is clear, parliamentary sovereignty means that the supremacy of Parliament can override international law and should do so. The “should do so” is equally important. Indeed, I would go further and say that in our courts, sovereignty—with those clear and unambiguous words—trumps international law.

As I mentioned in an intervention on the Labour spokesman, the hon. Member for Aberavon (Stephen Kinnock), the House of Lords Constitution Committee, including the likes of the noble Lord Falconer, Lord Robertson and various others, clearly stated in paragraph 58 of its report last year on the rule of law:

“Parliamentary sovereignty means that Parliament can legislate contrary to the UK’s obligations under international law.”

That fundamentally disagrees with what is contained in Lords amendment 1, so what—if I may say—the heck is going on? The Lords had a very important decision to take, and paragraphs 54 to 60 of that report contain the very carefully detailed reasoning that led the Committee to the conclusion I have just read out.

I have mentioned in a previous debate the judgment of Lord Hoffmann in a case called R v. Lyons. I want to quote from it, because he clearly says that international law is trumped by the supremacy of the sovereignty of Parliament. Parliament has to be the key determinant. What he says is so important—I would not bother making my point in this way if it were not for this amendment. I am not sure whether the Leader of the Opposition really intends to achieve the objectives set out in clause 1; it worries me very much indeed if he is complicit in this operation. This was a Labour amendment and had a majority of 102 in the House of Lords, so we are going to have to take it seriously, which means we also have to deal with it seriously.

Lord Hoffmann said,

“English courts will not (unless the statute expressly so provides) be bound to give effect to interpretations of the treaty by an international court, even though the United Kingdom is bound by international law to do so.”

He went on to say,

“The sovereign legislator in the United Kingdom is Parliament. If Parliament has plainly laid down the law, it is the duty of the courts to apply it, whether that would involve the Crown in breach of an international treaty or not.”

Nothing could be more explicit. Nothing could be clearer.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Will the hon. Member give way?

[Sir William Cash]

No. Amendment 1, put forward by the House of Lords, completely contradicts that principle, because in its wording it makes both domestic law and international law combined a matter of full compliance. I would go so far as to say that it is impossible in many circumstances to actually arrive at a point where there could be full compliance with domestic and international law according to our constitutional principles.

Taxation (Post-transition Period) Bill

Debate between William Cash and Alistair Carmichael

2nd reading & 2nd reading: House of Commons
Wednesday 9th December 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

I simply would like to put on record it on Second Reading the fact that, as I made clear in a point of order earlier, consideration on Report will take place next week and a lot will happen between now and then. The UKIM Bill at the moment has the “notwithstanding” provisions in it; they have not yet been taken out. We do not yet know what will transpire this evening or at any point between now and the Report stage of this Bill next week. Therefore, I have given instructions for the tabling of amendments to reinsert the “notwithstanding” provisions for the purposes of this Bill, which would have appeared but for the fact that the decision had already been made yesterday, before a statement was made to the House of Commons. That was dealt with today in principle, although not the question of what actually is going to be done. Therefore, for practical purposes, all I need say on Second Reading is that there are relevant provisions within the scope of this Bill, in clause 9, which is entitled “Recovery of unlawful state aid”.

Earlier this afternoon, I chaired, as I always do on Wednesdays, the European Scrutiny Committee. We have a 10 or 15-page paper on this question. The report, which will be signed off today and then published, covers reform of state aid rules and potential implications for the UK and includes a full description of what the state aid rules would mean; what the evaluation is at the moment by the European Commission; what it intends to do with respect to state aid in relation to enforcement proceedings; matters of sovereignty regarding the United Kingdom; the timetable for amendments to the EU state aid rule book; and the continued relevance of EU state aid law to the UK.

I am reading out some headline points, which also include infringement proceedings for state aid granted before 31 December; state aid law under the protocol on Ireland and Northern Ireland; state aid commitments—this is of course highly relevant to what the Minister said at the beginning, and I strongly advise him to read the report carefully—and state aid commitments in the EU-UK trade agreement, which the Prime Minister is going to be discussing today, and we do not know the outcome of that; the impact of EU subsidy controls on the competitors to UK businesses; and article 10 of the protocol on Ireland and Northern Ireland, which my right hon. Friend the Member for Wokingham (John Redwood) referred to. Indeed, I did too this afternoon, when my right hon. Friend the Chancellor of the Duchy of Lancaster made his statement and I pointed out that not only do I agree 100% with what the Prime Minister said at Prime Minister’s questions on all those relevant matters, wishing him well for this evening, but that what the Chancellor of the Duchy of Lancaster announced yesterday, in principle, and then reaffirmed today must not be allowed to undermine the unfettered sovereignty of the United Kingdom Parliament. That sovereignty is based on the referendum, the votes, the Acts of Parliament that everybody in this House on the Government Benches and the House of Lords agreed to, and, for that matter, section 38 of the European Union (Withdrawal Agreement) Act 2020, which was passed by a majority of 120 in this House—not a word of dissent from the House of Lords and not a word of dissent from any Member of this House.

In conclusion, I intend to table these amendments to examine the question when we get to the Report stage next week.

[Mr Carmichael]

Will the hon. Gentleman give way?

[Sir William Cash]

It is always a pleasure to give way to the right hon. Gentleman, with whom I have been jousting on these questions for the best part of 20 years.

[Mr Carmichael]

I hate to think it is the best part, but certainly it has been almost 20 years. The hon. Gentleman gives an interesting list of topics that his Committee has considered. The actual, practical application of these matters will be very different if the ratio decidendi in the Factortame case continues to have application in Northern Ireland post 31 December. Is that a matter he has considered, and what impact does he think it has on these things?

[Sir William Cash]

As somebody who has taken a great interest in Irish matters since I came into this House, I can only say the answer to that is yes. However, I also know that there is an enormous amount of malicious rubbish talked about the implications for the hard border. We are not going to impose a hard border. If anybody does, it will be the EU. If the EU gets its way on these matters, believe me, we are going to end up with difficulties that will have been created by the EU, not by us. I remember Martin Selmayr saying that the price the United Kingdom would have to pay would be the loss of Northern Ireland. I mean, it is as bad as that. I therefore say that I do take a great interest in it, because I want the Union to survive and to prosper. I believe it can, but it will not be able to if we end up with provisions that undermine the sovereignty of the United Kingdom Parliament.

On the specific question of state aid, that is a matter within the scope of the Bill. I therefore expect our amendment to be able to be called. Precisely what I do about it at that time will depend on the outcome of the negotiations, but I am not going to buy a pig in a poke and accept the idea that it is all over and done with because somebody who happens to be a Government Minister made a statement yesterday from Brussels and then came to the House to put forward his case today. We have not seen the details, so I want to reserve my position until I know exactly what the outcome of the negotiations is. I would warrant that the 70% of the British people would agree with me.

UK Fishing Industry

Debate between William Cash and Alistair Carmichael

Thursday 1st December 2016 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is a pleasure to follow the right hon. Member for North Shropshire (Mr Paterson), who brings his customary clarity and simplicity to today’s arguments. However, I disagree with a great deal of his analysis of the problems. It must be stressed rather more than it has been that taking back control is only part of the answer. There is then the question of what we do with it.

If we are to construct our own domestic fisheries management system, there is an opportunity to put fishermen, conservationists and scientists at the heart of fisheries management—proper regional and local management—and to use scientific advice. The right hon. Gentleman said that 50% of such advice was wrong. I doubt that, but I do know that it is at least two years out of date by the time it informs the decision-making process. We need a better way of using that information to inform the process so that whether we use quotas, days at sea, closed areas or whatever, the information on which we rely properly and accurately reflects the stocks in the water.

We must not forget that even if we leave the European Union and even if we have control over the waters as others have suggested, that would not be the end of our interaction with the common fisheries policy. We share waters in the North sea, the English channel and the western approaches in the Irish sea, and other countries have historic rights of access to our waters. If they continue to mismanage stocks in a way that was unfortunately a feature of the past, that will have continuing impact on our fishermen, too.

I wish the Minister well as he goes to the December Council meeting. In the light of everything else, it will perhaps be a trickier negotiation than in recent years, but the environment will be slightly less febrile than when the right hon. Member for Exeter (Mr Bradshaw) was fisheries Minister. I go back 12, 13 or 14 years in such debates, and back then we thought it possible that the spawning stock biomass of North sea cod had reached a point from which there would be no recovery. In fact, we have a seen a quite remarkable recovery in North sea white fish stocks, but that has not happened by accident—a thought that occurred to me as the right hon. Gentleman was explaining the changes. I think around 47% of stocks are still overfished—too high, but a significant improvement on where we were. That improvement is a consequence of the changes made in fisheries management, in particular the creation of regional advisory councils, and of the significant pain that was borne by the fishing industry and communities during the decommissioning programmes of 10 years ago.

The attractions of this opportunity to the catching sector are pretty obvious, but there are concerns for the future beyond that sector. The processing sector heavily relies and has relied for many years on the availability of workers from other EU countries. Those people want to know what their future will be. If we are to have a set of World Trade Organisation rules and if there are tariffs on trade, that will have a seriously disadvantageous impact on processors, which will also hit the catchers. That is why it is crucial to get clarity as early as possible.

Like the right hon. Member for Tynemouth (Mr Campbell), I want to bring a few items from my shopping list to this debate. The Minister has already heard my worries about the Faroese deal on mackerel. There was enormous scepticism among the Scottish pelagic fleet, the Shetland pelagic catchers in particular, when the deal was brokered a few years ago. However, they did accept that they would give it a go. They gave it a go, and it is clear that that scepticism was, if anything, understated. This deal really is not working, as was highlighted recently by the report from Seafish, which pointed out that in 2015 Faroese boats caught almost 33,000 tonnes of mackerel in EU waters, mostly in Scotland’s, while Scottish boats got absolutely none from the Faroese waters. Worse, if the Faroese boats choose to land their fish in Scotland, they are then penalised by their Government. The Minister will know that the talks on the next iteration of this deal are to be held in Brussels on 6 and 7 December, so may I instil in him the strongest possible resolve in tackling this, because the imbalance of this deal becomes more egregious with every year that passes?

[Sir William Cash (Stone) (Con)]

I wonder whether the right hon. Gentleman is concerned about the fact that this document excludes the question of those parts of the fishing industry that I suspect would be of concern to him in relation to the joint management with Norway. The European Scrutiny Committee drew attention to that and I wonder whether it is a matter of concern to his constituents.

English Votes for English Laws

Debate between William Cash and Alistair Carmichael

Wednesday 15th July 2015 Commons Chamber

[Mr Carmichael]

I do not doubt the good faith of the hon. Gentleman’s intervention, but essentially, if he stops and analyses it, he will realise that he is advancing an argument for English nationalism. The answer to Scottish nationalism is not English nationalism. In my view as a Liberal, it is federalism or Unionism, if he prefers to use different vocabulary. Ultimately, if he continues down this road, he risks putting a further stress on the Union. As the hon. Member for Perth and North Perthshire said quite candidly, from one point of view he could welcome the proposals because they advance the case for separating Scotland from the rest of England.

The hon. Member for South Leicestershire must realise that if we are to maintain and preserve the constitutional integrity of the United Kingdom, proper constitutional reform across the whole of England is now absolutely necessary. As the hon. Member for Wallasey (Ms Eagle) said from the Opposition Front Bench, we need a constitutional convention to build consensus, so that people in England can decide what they want. I do not know whether that will be an English Parliament, a series of assemblies or whatever else, but that debate has to be had.

I wish there were an easy way to build consensus, but there is not and I say to the hon. Member for South Leicestershire that, because of the sentiments he is hearing on the doorstep, that must be dealt with as a matter of urgency. For him to pretend to his constituents, as he apparently does, that this complex problem has a simple solution does nobody any favours and ultimately puts the Union of the United Kingdom at risk. This House risks tying itself up in knots by using Standing Orders to achieve a complex and sophisticated piece of constitutional architecture. As has been said, a Joint Committee would be a sensible way to build consensus.

My biggest concern as a Scottish MP is the way in which the proposal would affect spending decisions. I am afraid that the Leader of the House came dangerously close to indulging in sophistry when he said that they would be dealt with purely through estimates votes and that legislation would have no affect on that. I am struck by two things. First, it is long overdue that this House took a much more forensic approach towards estimates, because I think we are the only Parliament in the world that allows estimates to go through on the nod. Departmental budgets are approved with little scrutiny by the House. Secondly, any legislation passed this year will inevitably impact on estimates next year and the year after. The proposition that it is somehow possible to divorce spending from legislation does not stand up to scrutiny.

What are the people of England being offered by Conservative Members? Essentially, they are being told that they will have a veto on legislation, but that Scottish, Welsh and Northern Irish Members will also be able to engage a veto on money and Ways and Means resolutions. This is a constitutional muddle, and that gives more force to the idea that we should be proceeding with more caution.

I reiterate the point I made in the previous debate that, if these vetoes are going to be in play, the Government need to look again at the operation of the Sewel convention and legislative consent motions for the Scottish Parliament. If English Members are to have a veto on legislation, Scotland ought to have one as well. There is still time to make that change—the Scotland Bill is still going through this House—and I hope that, when she replies, the Deputy Leader of the House will confirm that serious consideration is being given to it.

I am mindful of your strictures, Madam Deputy Speaker, but I want to raise one final point: the position Mr Speaker that will be put in if we proceed with the proposal. My concern should be shared by everyone in the House. I do not envy Mr Speaker the position in which he will find himself. He will require the wisdom of Solomon if he is to make the necessary adjudications, and he will certainly need a lot of legal advice, which I suppose would be one of the upsides of the process.

It would be useful to know the view of the Clerks, Parliamentary Counsel and Speaker’s Counsel before we proceed. It seems to me that a whole body of legal advice will be required, not just for primary legislation, but for secondary legislation. The issue of most concern, however, is that when Mr Speaker makes an adjudication on a controversial case—perhaps one on which there is some doubt about the financial consequences—he will be forbidden from giving his reasons for doing so. We already know what will happen. On the day when he makes an adjudication, the aggrieved party, the one that is disappointed, is always going to be bouncing up. There will be points of order, applications for Adjournment debates and all the rest of it. The Speaker will be in a position where he or she has no option other than just to say, “That is my ruling and I am not going to give you any reason for it.”

[Sir William Cash]

The idea of giving reasons for a Speaker certificate is simply absurd. If reasons were given, everything would be handed over to the courts. That would nullify completely the sovereignty of Parliament and its organisation of its own arrangements. I really do think that the right hon. Gentleman ought to take that into account.

[Mr Carmichael]

I do not think anybody should have anything to fear from justiciability. Essentially, we are getting to the point where it is inevitable that we will have a written constitution and that brings with it the concept of justiciability. Mature legislatures across the world have this and manage to cope with it. There are historical reasons why we in this House are so suspicious of it. For the Scottish Parliament, it is already a reality and it is something we manage to cope with remarkably well.

I am mindful of the fact that I have taken slightly longer, but these are issues of great significance. I appreciate the listening mode we have had from the Leader of the House and the Deputy Leader of the House, but we need more. We need proper consideration. They should take these proposals away, come back with a Green Paper and let the Select Committees do their job. Let us build a consensus, so that the legitimate grievances that have been spoken of are given a solution that they ultimately deserve. This is not it.

English Votes on English Laws

Debate between William Cash and Alistair Carmichael

Tuesday 7th July 2015 Commons Chamber

[Mr Carmichael]

I do not think that is quite the kind of two-tier system that Conservative Members were cheering. The right hon. Gentleman is correct in his analysis. An appropriate change could be made to Standing Orders for that, because it is perfectly—

[Sir William Cash (Stone) (Con)]

rose—

[Mr Carmichael]

Forgive me—I really do need to make some progress, or nobody else is going to get to speak.

That would be an appropriate use of the way in which the Chamber responds to issues through Standing Orders. Matters of constitutional change, by convention—and rightly so—are taken on the Floor of this House at all stages, and likewise in the other place. They are given the fullest consideration because it is understood that they become exposed only with proper debate and scrutiny.

One of the novel aspects of the proposal that the Leader of the House laid before the House last week is the extension of these matters to Finance Bills. That opens up a whole range of questions that were not answered by him at the Dispatch Box or by the papers that he placed in the Vote Office. Finance Bills are, and have been for a long time, treated differently by this House. The fact that they are considered only by this House and not by the other place is the obvious difference, but there are also differences in the way in which they are introduced and considered in a mix of time spent here on the Floor of the House and in the Committee Room upstairs.

[Mr Carmichael]

That is exactly what I hope this debate will achieve, because I know that the concerns about the constitutionality and the process of this are shared by right hon. and hon. Members on both sides of the House.

[Sir William Cash]

rose—

[Mr Carmichael]

I will give way to the hon. Gentleman just this once.

[Sir William Cash]

I am exceedingly grateful. The problem with the proposition that the right hon. Gentleman is putting forward is that it ignores the fact that there are already two classes of functions that were passed by the United Kingdom Parliament, which created not two tiers of membership in this House but two functions as between the Scottish Parliament, with its devolved functions, and those in the United Kingdom, which have been left swinging in the wind. Does he not accept that?

[Mr Carmichael]

I do, but the hon. Gentleman must surely accept that what is being proposed through changing Standing Orders is not an appropriate way of addressing it. As I have already said times without number, I fully accept that several anomalies have been created by devolution, starting in 1999, but the answer to that is not to trash our own procedures in this House.

Scottish Representation in the Union

Debate between William Cash and Alistair Carmichael

Wednesday 4th February 2015 Commons Chamber

[The Secretary of State for Scotland (Mr Alistair Carmichael)]

May I congratulate the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) on securing this evening’s debate? It is very good to see the House so well attended and particularly animated, which is not always the case in our Adjournment debates.

At the start of his speech, the right hon. Gentleman said one thing with which nobody could take exception, which was that this is a time for us, through the work of the House, to bring unity to our four nations. For those of us who represent Scottish constituents at Westminster, that was very much the view expressed by the people of Scotland in a quite remarkable democratic exercise on 18 September. We would do well at all times to remember that.

The right hon. Gentleman has done us a service by bringing this issue to the House tonight. The issue is entirely legitimate, and nothing will work less to the advantage of the Union than seeking in any way to deny that legitimacy or simply seeking to avoid it. It is absolutely right that all the political parties should look to address the issue, as indeed they are doing.

As we look across the political landscape and address the various options available, it is possible to conclude only one thing—that there is no easy answer and absolutely no quick fix. If we try to achieve an easy answer or a quick fix, we run a very real risk of replacing the obvious and patent anomalies of the current constitutional settlement with new ones, which would place more pressure on the hinges of our United Kingdom at a time when those who would break it up remain vigilant for a chance to do so.

[Sir William Cash]

Will the Secretary of State give way?

[Mr Carmichael]

If I may make a little progress, I will give way to my hon. Friend in a minute.

Yesterday, my right hon. Friend the Leader of the House laid out the proposals of the Conservative party. It is a matter of record that my party disagrees with that approach. Nor is it much of a secret that there is a range of views within the Conservative party, from those who believe that this issue is best left alone to those who want a more radical solution. There is not much consensus in that party, let alone between the parties in this House. However, there is a broad consensus here about keeping together our family of nations. That requires that this issue be considered carefully with an eye to a lasting settlement, not a short-sighted or short-term partisan advantage.

[Sir William Cash]

Does the Secretary of State agree that the proposals that were agreed to tentatively by the Conservative party yesterday will not necessarily be the solution, because the real problem is that the new Parnell from Scotland, in the form of Mr Alex Salmond, will come down and use any opportunity relentlessly and ruthlessly to create as much chaos as possible, and thereby disrupt the United Kingdom?

[Mr Carmichael]

The hon. Gentleman has been in the House long enough to know that Alex Salmond was here for many years and often sought to do exactly that. However, in terms of achievement, there was not a great deal to show for his time here. I therefore caution my hon. Friend about pre-judging the outcome of the election on 7 May and what the consequences of that outcome might be.

My party has always been clear that any parliamentary vote involving English or English and Welsh MPs should be held only on the basis of a proportionate vote share from the previous election. Devolution to the constituent nations of our United Kingdom has always taken place on that basis, and for good reason. It would be wholly unjust effectively to devolve power to England or England and Wales in a way that distorted democratic opinion and passed unfair advantage to any party.

The logical and lasting solution to this conundrum, in the view of my party, is the creation of a federal United Kingdom, in which England as a whole or in its constituent parts devolves powers from Westminster and, by extension, answers the West Lothian question. I accept, however, that we may be some way from that solution.

The options can and should be considered by a constitutional convention, as the right hon. Member for Kirkcaldy and Cowdenbeath indicated. The convention should be empowered to look at all the anomalies and difficulties that we face. In that way, we can forge a consensus and build lasting solutions that strengthen the bonds of our United Kingdom, rather than threaten to break them.

Oral Answers to Questions

Debate between William Cash and Alistair Carmichael

Wednesday 15th October 2014 Commons Chamber

[Sir William Cash (Stone) (Con)]

Given what the Secretary of State has just said, and given what he said yesterday in regard to the issue of English laws for English voters, how does he reconcile his statement from the Dispatch Box with collective responsibility in this Government? In the light of that question, is it not time that the coalition was brought to an end?

[Mr Carmichael]

No. I am confident that the coalition will continue until the end of this Parliament. As my hon. Friend will know, the Prime Minister has set up a Cabinet Committee, chaired by my right hon. Friend the Leader of the House, which is intended to establish Government policy on this issue if that is at all possible.

Devolution (Scotland Referendum)

Debate between William Cash and Alistair Carmichael

Tuesday 14th October 2014 Commons Chamber

[Mr Carmichael]

I enjoyed the right hon. Gentleman’s contribution and understand the passion he brings to the debate, but I would gently say to him that simply having a settled position in the Conservative party is not the same thing as building consensus across the wider community.

We have, of course, heard some discussion of the West Lothian question or, as it has recently been styled, English votes for English laws. The first of the terms, in my view, is slightly outdated, and the second is rather simplistic. The welcome transfer of powers to Scotland, Wales, Northern Ireland and the London Assembly, and the prospect of further devolution still, has created not just an anomaly but a complex one. The challenge to those who pursue the quest for English votes for English laws is that they seek to devolve power within Parliament but not within the Executive. That brings a range of new problems and unsustainabilities of its own.

[Sir William Cash]

Will the Secretary of State give way?

[Mr Carmichael]

I am sorry, but I am really up against it for time now.

The Liberal Democrats have been clear that in working with others to find consensus on such a solution we must not adopt a fix that creates more problems, anomalies or unfair advantages. As my right hon. Friend the Member for Yeovil (Mr Laws) has recently pointed out, devolution to every other part of the United Kingdom has been to Parliaments and Assemblies that were elected using proportional systems, in recognition that within the constituent parts of the United Kingdom we often find domination by one party or another. Accordingly, proportionality without the balance across the whole of the United Kingdom becomes more important.

It is a matter of profound regret that we learned today that the Labour party has indicated that it will not join the Government in seeking a fair solution to an outstanding problem and we urge it to reconsider genuinely and soon.

That brings me finally to the question of a constitutional convention, something on which I believe there is a way forward. If all parties take part in good faith, there should be no question of its being an exercise in putting material into the long grass.

It is worth remembering that four short weeks ago the future of our United Kingdom was at stake. The referendum was won decisively, and it is a positive outcome. Moving forward, we need a sustainable constitutional settlement that meets the wishes of the people of our nations and the clear commitments we have given them—

Scotland within the UK

Debate between William Cash and Alistair Carmichael

Monday 13th October 2014 Commons Chamber

[Mr Carmichael]

I am happy to give the hon. Gentleman that assurance, which I have already given on two or three occasions this afternoon. There are few things that would be worse for the constitutional integrity of the United Kingdom than our not delivering on the promises that we made or not meeting the timetable. It is because I care so much about keeping the United Kingdom together that I am determined that we will meet the timetable that we have laid out.

[Sir William Cash (Stone) (Con)]

Today’s Command Paper does not contain a section dedicated to the supervening question of the position of European law in relation to Scotland. That is a reserved matter under the Scotland Act 1998. Will the Secretary of State give an absolute and categorical assurance that, having saved the Union of the United Kingdom, under no circumstances will we surrender the Scottish functions to the European Union?

[Mr Carmichael]

I would be more than happy for the hon. Gentleman to engage directly with Lord Smith. Indeed, I will make every effort to explain to Lord Smith what he might expect.