Chamber
Meeting of the Parliament 21 March 2018
21 Mar 2018 · S5 · Meeting of the Parliament
Item of business
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill
First, there is the point about its compatibility with European law, which is the point that the Presiding Officer wrote about in his opinion on legislative competence. In addition, section 33 of the bill modifies protected statutes contrary to schedule 4 to the Scotland Act 1998. That is unlawful.
The bill trespasses on reserved matters contrary to schedule 5 to the Scotland Act 1998, such as in section 17 and in the amendment in the name of Mr McKee that was agreed to this afternoon; that is just one of the reasons why that amendment should have been strongly resisted.
The Scottish Government likes to talk about respecting the devolution settlement, but wilfully enacting law in this Parliament that is beyond the limits of our legislative competence does not respect the devolution settlement. That is not respecting the rule of law; it is not respecting the British constitution; and it is not respecting the devolution settlement.
In the same item of business
The Deputy Presiding Officer (Christine Grahame)
SNP
The next item of business is a debate on motion S5M-11136, in the name of Michael Russell, on the UK Withdrawal from the European Union (Legal Continuity) (S...
The Deputy First Minister and Cabinet Secretary for Education and Skills (John Swinney)
SNP
For the purposes of rule 9.11 of the standing orders, I advise the Parliament that Her Majesty, having been informed of the purport of the UK Withdrawal from...
The Deputy Presiding Officer
SNP
I call Michael Russell to speak to and move the motion. 18:23
The Minister for UK Negotiations on Scotland’s Place in Europe (Michael Russell)
SNP
On 27 February, which seems like an impossibly long time ago now, I came to the chamber to set out the Government’s reasons for introducing the bill. In the ...
Adam Tomkins (Glasgow) (Con)
Con
As the minister knows, there are grave doubts about the legislative competence of the bill. In order to clarify and clear up those doubts authoritatively—tha...
Michael Russell
SNP
The Scottish Government, of which the Lord Advocate is a member, has no grave doubts. It has no doubt that the bill is competent. That is absolutely clear to...
Adam Tomkins (Glasgow) (Con)
Con
I open on a point of consensus—like my friend and colleague Murdo Fraser, I am always looking for consensus. On behalf of the Scottish Conservatives, I echo ...
John Swinney
SNP
Will the member give way?
Adam Tomkins
Con
The Lord Advocate should have the courage of his legal convictions and he should use his powers under the Scotland Act 1998 to refer the provisions of the bi...
The Deputy Presiding Officer
SNP
Please sit down, Mr Swinney.
Adam Tomkins
Con
First, there is the point about its compatibility with European law, which is the point that the Presiding Officer wrote about in his opinion on legislative ...
John Swinney
SNP
Does Mr Tomkins not accept that for the Scottish Government to present the bill to Parliament, we would have had to seek the authority of the Lord Advocate—S...
Adam Tomkins
Con
Of course I accept that. That is a matter of fact, as Mr Swinney well knows, but there is more than one legal opinion about this. There is also the legal opi...
The Deputy Presiding Officer
SNP
Thank you. Interruption. Excuse me. It is very difficult to hear if members yell.
John Swinney
SNP
It was not worth listening to.
The Deputy Presiding Officer
SNP
Mr Swinney! No one is above the chair in this chamber. 18:37
Neil Findlay (Lothian) (Lab)
Lab
It is always depressing to follow Boris Johnson, Presiding Officer. This bill has gone through Parliament at breakneck speed. From the outset, if we are hon...
Patrick Harvie (Glasgow) (Green)
Green
I am unclear on the timing of speeches, Presiding Officer.
The Deputy Presiding Officer
SNP
You have four minutes.
Neil Findlay
Lab
You have one minute.
Patrick Harvie
Green
I will have to disappoint Mr Findlay and go on for just a little more than a minute. I think that, fundamentally, Parliament has done its job in this proces...
Tavish Scott (Shetland Islands) (LD)
LD
This Parliament is stronger for having people such as Adam Tomkins in it. He brings a wealth of experience and a hinterland—as people in other walks of life ...
The Deputy Presiding Officer
SNP
We move to the open debate, with speeches of four minutes. 18:50
Ivan McKee (Glasgow Provan) (SNP)
SNP
Normally, members state at the start of their remarks how pleased they are to speak in a debate. I must say that, today, for me, that is not the case. We do ...
Murdo Fraser (Mid Scotland and Fife) (Con)
Con
The bill is not one that the Scottish Conservatives ever wanted to see. We made it clear from the start that we consider it to be unnecessary and beyond the ...
Patrick Harvie
Green
Will the member give way?
Murdo Fraser
Con
I am sorry, but I have only four minutes.
The Deputy Presiding Officer
SNP
You can take the intervention if you wish. I can give you a little extra time.
Murdo Fraser
Con
Well, if I have a moment, I will give way.
Patrick Harvie
Green
I am grateful. Mr Fraser knows that he has successfully improved the bill, and I have supported some of his amendments. However, he says that the bill still ...