Meeting of the Parliament (Hybrid) 07 October 2020
I rise to speak in favour of the Government’s motion opposing legislative consent and against the Conservative amendment. There are two central issues that need to be addressed in assessing the United Kingdom Internal Market Bill: the allocation of powers and the settlement of disputes.
It is clear that, once the Brexit process is complete, powers will run from the EU to the UK. Any logical observer would therefore have accepted that a consensual approach should have been taken and consensual discussion should have been entered into to ensure that the powers are divided up appropriately, with those powers that are consistent with the devolution settlement coming straight to Scotland. However, with this legislation, the Tories have put aside the common frameworks that have been worked on in negotiations, effectively rejected the intergovernmental process and sought to impose their view. It is for that reason that legislative consent needs to be rejected.
I will take a couple of examples. The Conservatives argue that the bill is about the protection of the economy and jobs, but the acceptance of the proposed legislation would mean that state aid powers would be held at Westminster. Surely, we would want state aid powers here, in Scotland, particularly at a time when we will have to address the economic impact of the pandemic.
In addition to that, the setting up of the office of the internal market would give the UK Government the basis on which to impose rules and regulations on other parts of the United Kingdom. That is simply unfair—it does not work as a fair process.
The proposed legislation does not offer an effective disputes process. Clearly, there will be disputes when powers are discussed, and there needs to be an arbitration process. There cannot be a veto from either the UK Government or the Scottish Government; there needs to be a process that works with all four nations to ensure that there can be a consensual approach. That must be part of the solution.
As for those who have sought to bring the independence referendum into the debate, in the midst of a pandemic, with all the public health issues and the potential loss of jobs, this would not be the right time for an independence referendum. The Conservatives therefore need to reflect very carefully on their actions. We heard Douglas Ross saying the other day that he felt that some of his colleagues in England did not understand Scotland and did not understand the strength of feeling on the issues at stake. If the Conservatives press their buttons in support of the legislation at decision time by supporting legislative consent, that will, in effect, add fuel to the fire for those who have argued in this debate for a second independence referendum.
It is important that we protect the devolution process, that we oppose legislative consent and that we do not let the Tories trash devolution.
17:42