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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

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 honest, many of us have not been comfortable with how it has been handled and rushed. We do not think, despite the minister’s claims to the contrary, that the bill has had the scrutiny that it deserves from members or, indeed, the wider community, who will be affected by it.

However, we are where we are. While expressing those concerns and the caveats that we have raised from the outset of the process, we will give cautious support to the bill at decision time. I echo the minister’s words about the commitment given by the staff of the Parliament. They always go beyond the call of duty. I particularly single out Madeline Grieve of our Labour staff, who has done a power of work for us on this.

This was, and still is, an avoidable situation. If we cast our minds back to December, we were assured by David Mundell, the Secretary of State for Scotland, that the UK Government would make changes to its bill in the House of Commons in order to address concerns about the impact of the European Union (Withdrawal) Bill on devolution. He said:

“We have been very, very clear. The committee stage of this Bill is about listening, it’s about adapting to issues that have been brought forward ... We have listened ... and we will bring amendments forward to clause 11”.

He also said:

“It’s going to be amended because Scottish Conservatives have come forward with practical amendments to the Bill.”

Adam Tomkins himself said that the bill needed to be amended to comply with the devolution settlement. The Finance and Constitution Committee of this Parliament unanimously called for the EUWB to be amended in the House of Commons to resolve those outstanding issues, but no amendment was tabled. On 16 January, the Labour Party tabled amendments in the House of Commons that would have protected the devolution settlement and established a dispute resolution procedure. However, every Scottish Tory MP traipsed through the lobbies and reneged on their commitments. It looks as though it is not only the Scottish fishermen who have been deceived by the Tory party.

Today, the issue still lies in the House of Lords, and while I am frustrated that it lies there, in the hands of the unelected, I am hopeful that we will see some common sense prevail, the devolution issues resolved and a dispute resolution process put in place, because we want this to work. We want devolution to work. We want everyone involved to make the retention of jobs and our trading relationships across Europe a top priority. We want to build prosperity that we can share more equally. We believe that a customs union with the EU allows us to do that, but, of course, we also see areas in which common frameworks should be developed with our neighbours on this island.

Yesterday, I and my UK Parliament colleague Keir Starmer met the Scotch Whisky Association. We agree with it that there are areas where cross-Europe and UK-wide framework agreements make business and regulatory sense. One example is labelling. The SWA has worked hard for years to ensure that consistent EU rules on production and labelling are in place and enforced. That has helped the sector to grow and succeed as a major exporter to many EU and global markets. It is in the interest of businesses, their employees, trade unions and communities and of the respective Governments to take common approaches that are developed in a respectful and collaborative manner. Let us end the frustrating stand-off and get on with it.

Throughout this process, Labour has sought to play a positive role. However, at times, we have had to drag information from the minister and the Government, and at other times, we have had to act to rein in the minister’s ambition to grab powers from this Parliament and take them into ministerial offices.

Members across the chamber have tried their level best to make this messy bill better but we should not easily forget that it is the Tories who have got us into this mess, and time is running out for them to get us out of it.

18:41  

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 ...