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Chamber

Meeting of the Parliament 24 September 2019

24 Sep 2019 · S5 · Meeting of the Parliament
Item of business
Common Frameworks

I welcome today’s debate, and I congratulate the Finance and Constitution Committee on its helpful report into this complex area of law.

I wish that the debate was not necessary. The majority of my constituents wished to remain in the European Union, and that was the case, of course, with the majority of people in Scotland. The discussion on common frameworks is predicated on the assumption that Brexit will go ahead. I do not want that to happen, Scotland does not want it to happen and, after today’s Supreme Court judgment, who knows what will happen?

Nevertheless, we must plan for the worst. Developments since the 2016 referendum make it clear that common UK frameworks are only one part of the significant adjustment that is required to how our Governments work together. The Scottish Government’s call for a genuine relationship of equals between Governments is absolutely correct. Adjustments should take account of the realities of devolution. That must be the baseline from which common framework negotiations should progress. Anything less than that would not be in Scotland’s interests.

The UK Government has been able to pay lip service to the devolved Governments in the Brexit process, and there appears to be recognition that a process overhaul is required to meet the needs of devolved Governments. For common frameworks to succeed, Governments and Parliaments must work together, but the precedents for such working are poor.

Parliamentary committees across the UK consider the joint ministerial committee mechanism to be not fit for purpose, and the interparliamentary forum on Brexit has called for more effective intergovernmental mechanisms to examine common frameworks and to deliver greater transparency. It appears to be accepted across the political divide that the current mechanisms for working together are simply inadequate. However, as others have said, it appears that the UK Government’s review of intergovernmental relations has stalled. Why that is so is not clear, but it compounds constitutional chaos and stores up problems for devolved Governments.

I welcome the Finance and Constitution Committee’s finding that there is no definition of “UK internal market”. The committee heard from Professor Michael Keating that the EU single market is not about particular competences, but about a broad set of principles. Professor Keating pointed out that nothing like those mechanisms exists in the UK or in relation to devolution, and that there may be instances, in his view, in which the internal market principle could impinge on devolution.

In my view, there has been a considerable degree of bad faith in the use of the term “internal market”. It is used to attack different policy choices across the UK and, potentially, it could be used to justify a post-Brexit power grab. Devolution already allows quite wide divergence in policy—one thinks of minimum alcohol pricing and, indeed, our new tax powers. Such policies deliver considerable differentiation across these islands, but they in no way interfere with our ability to trade freely across these islands.

I agree with members who have emphasised the importance of consent in all matters regarding common frameworks. Democracy is not served by the retention of section 12 of the European Union (Withdrawal) Act 2018, and I therefore call on colleagues across the chamber to support its repeal. Section 12 allows UK ministers to freeze Scotland’s power to legislate in areas that are established as devolved, which is why this Parliament refused to give legislative consent to the 2018 act. The Parliament was right to do so.

In an ideal world, the Scottish ministers—indeed, all of us—would be confident that section 12 powers would never be used by the UK Government. They have not been used to date, but agreement in recent framework negotiations is no guarantee. Consent sought is not the equivalent of consent granted. That is why, if we are to proceed with negotiations on common frameworks across these islands in good faith, section 12 should be struck off.

16:09  

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
I am sorry, but I must call members to business. We have—quite rightly—eaten into some 10 minutes of the time for this afternoon’s debate, so we must move on...
Bruce Crawford (Stirling) (SNP) SNP
I begin by sincerely thanking my colleagues on the Finance and Constitution Committee for the significant work undertaken to develop this unanimous report. O...
The Cabinet Secretary for Government Business and Constitutional Relations (Michael Russell) SNP
I cannot help but agree with Bruce Crawford’s point, because I cannot help but notice that there are twice as many people in the chamber as there are in the ...
Adam Tomkins (Glasgow) (Con) Con
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Michael Russell SNP
Adam Tomkins has made an interesting point, which I take in the spirit in which it was made. It is essential that we complete the intergovernmental review. I...
Murdo Fraser (Mid Scotland and Fife) (Con) Con
I thank the Finance and Constitution Committee convener, Bruce Crawford, not just for his opening exposition of the background of post-Brexit common framewor...
John Mason (Glasgow Shettleston) (SNP) SNP
Does the member accept that there is already some policy divergence? Under the present system, there is a common framework that we have to agree to, but we c...
Murdo Fraser Con
That is a perfectly fair point. Here, we are dealing with powers that are currently held at the EU level and it is policy divergence in those powers that nee...
Alex Rowley (Mid Scotland and Fife) (Lab) Lab
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Michael Russell SNP
I mentioned in my remarks that there was considerable activity between the Scottish Government and parliamentary clerks about involving the Parliament in scr...
Alex Rowley Lab
That is to be welcomed, and I hope that we will see more progress on it. The committee concluded that “Non-legislative approaches, however, do not prov...
Patrick Harvie (Glasgow) (Green) Green
I echo Bruce Crawford’s thanks to everyone who contributed to the committee’s work on the subject. It is worth noting that the context has changed somewhat s...
Willie Rennie (North East Fife) (LD) LD
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The Deputy Presiding Officer SNP
That is a call to arms if ever I heard one, Mr Fraser.
Murdo Fraser Con
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Willie Rennie LD
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The Deputy Presiding Officer SNP
We move to the open debate. Speeches should be of five minutes, unless individual members have had previous agreement from the Presiding Officer to have a lo...
John Mason (Glasgow Shettleston) (SNP) SNP
I thank my colleague Gordon MacDonald, who gave me one of his minutes. Although I joined the Finance and Constitution Committee after the report was written...
Alexander Burnett (Aberdeenshire West) (Con) Con
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Joan McAlpine (South Scotland) (SNP) SNP
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Neil Bibby (West Scotland) (Lab) Lab
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Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
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Gordon Lindhurst (Lothian) (Con) Con
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The Deputy Presiding Officer (Linda Fabiani) SNP
Your sudden finish caught me by surprise there, Mr Lindhurst. I call Jenny Gilruth. 16:23
Jenny Gilruth (Mid Fife and Glenrothes) (SNP) SNP
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Claire Baker (Mid Scotland and Fife) (Lab) Lab
I thank the Finance and Constitution Committee for taking evidence and for preparing its thorough report. Our committees’ scrutiny work is vital in preparing...
Gordon MacDonald (Edinburgh Pentlands) (SNP) SNP
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The Deputy Presiding Officer SNP
We move to the closing speeches. 16:39
James Kelly (Glasgow) (Lab) Lab
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