Hansard

I am not a member of the Finance and Constitution Committee, but the content of the report on common frameworks should be of importance to all members. I add my thanks to all members who were involved in the report, and to the committee clerks.

At the time of its publication in March, the committee’s report unanimously called for the Scottish Parliament to have “a formal role” in relation to agreeing any common frameworks between the Scottish and UK Governments. As we have heard, much of the committee’s deliberations on the use of common frameworks took place in late 2018, with the report published in March of this year—a different time; a different Prime Minister, or “DEFCON 3”, as Patrick Harvie described it earlier.

The committee should be commended, therefore, for its ability to work in consensus on this issue. The frameworks will be crucial in a post-Brexit Britain—if we ever get there—because they will provide the necessary structure for working between the four Administrations.

In March last year, the UK Government published the breakdown of areas that would interact with devolved areas in Scotland. Some 111 areas of EU law were identified as falling within the devolved competence of the Scottish Parliament. The committee focused its attention on 24 of those areas, where legislative common frameworks might be needed.

As Murdo Fraser mentioned, the committee was of the view that common frameworks must be arrived at through agreement and not imposed upon the Scottish Government. On the UK’s internal market, the committee noted the differing approaches across these islands, including on environmental principles. It stated that

“it will also be important to ensure that there is clarity as to where responsibilities will lie in future in the environmental field and that there is no encroachment on devolved competence without the consent of the Scottish Parliament.”

Ahead of this afternoon’s debate, the Royal Society of Edinburgh’s written submission pointed out that the House of Commons Environmental Audit Committee warned that:

“without Common Frameworks there will be little to prevent a decline in the quality of transboundary natural assets, such as air, water and biodiversity, should a future Government decide to reduce their protections or not create new targets for improvement.”

In February, Michael Russell told the committee:

“My understanding is that the devolved settlements allow substantial, and sometimes complete, policy divergence on key issues and that an internal market would not overrule that.”—[Official Report, Finance and Constitution Committee, 24 September 2019; c 4.]

Indeed, Scottish Environment LINK has highlighted the importance of policy flexibility, saying that there is no one-size-fits-all approach. In its written evidence to the committee, it noted:

“Frameworks should act as an ambitious common baseline on top of which individual countries can pursue more ambitious standards.”

Now, with just 36 days to go until Britain either crashes out without a deal or Mr Johnson somehow manages to arrive at an 11th-hour deal, we are living in different and very difficult political times. Yesterday, my little sister lost out on her honeymoon to Greece, thanks to the supportive UK Government that Gordon Lindhurst described in his speech. Thousands of holidaymakers across the UK have lost their holidays, thousands more are stranded and 9,000 jobs and livelihoods are now in real danger. We need to talk about the importance of common frameworks because of the Brexit vote. However, as we hurtle towards that Halloween deadline, there are surely yet more horrors to unfold.

It is worth reminding Parliament of the context of the debate, because common frameworks are not the policy choice of the Scottish Government. They are also not the choice of the Scottish people, who in 2016 voted decisively to remain. However, we all have a responsibility as parliamentarians to ensure that our constituents are protected from the worst excesses of Brexit. That has to be the premise around the establishment of common frameworks.

The committee’s report concludes by welcoming the progress that has been made on common frameworks on the basis of negotiation and agreement between Governments. As the cabinet secretary and Joan McAlpine mentioned, the report points out that the JMC mechanism has been deemed to be not fit for purpose and says that

“Parliament should have a formal role in relation to the process for developing, agreeing and implementing”

legislative and non-legislative common frameworks. It continues:

“We commit to work with the Scottish Government to develop such processes and will also work with other Parliamentary Committees at the Scottish Parliament and across the UK to develop a co-ordinated approach.”

However, consensus in this Parliament can bring us only so far. Writing to the committee convener in May, David Lidington, who was then the Minister for the Cabinet Office, said:

“The principles of good communication and consultation will remain key to managing our differences and we are actively building additional support into frameworks in order to bolster dispute avoidance”.

Given that the current Prime Minister chose—unlawfully—to prorogue the Westminster Parliament, it is somewhat difficult to believe that the spirit that was espoused by Mr Lidington will be emulated by the current Administration.

Michael Dougan, the professor of European law at the University of Liverpool said:

“So: will the UK’s newfound ‘single market’ be the product of rational and informed choices; made on the basis of clear and considered options; decided through inclusive and transparent democratic debate?

It appears not. Instead, the UK internal market seems to be evolving through ad hoc discussions and decisions; undertaken as part of wider crisis management strategy; conducted largely behind closed doors with minimal public or stakeholder scrutiny.

So far, at least: if the UK’s chaotic and opaque approach to building a ‘market federation’ proves sustainable at all, it will surely be more by accident than by design.”

Today, we heard that the Supreme Court—the highest court in the land—has ruled that the prorogation of Parliament was unlawful, and the United Kingdom is hurtling towards a Brexit cliff edge. Common frameworks will be essential in a post-Brexit Britain—I just hope that we do not get there.