Hansard

I refer members to my entry in the register of members’ interests in so far as it relates to farming.

I welcome the opportunity to contribute to the debate. I also thank Bruce Crawford for leading on the report alongside other colleagues on the Finance and Constitution Committee, many of whom have spoken today. It is not often that a committee can agree unanimously on a report. On a day on which unanimous decisions are all the rage, the Finance and Constitution Committee should be praised for its consensual approach to this important issue and for the thorough and rigorous examination during committee proceedings that it took to get to this point.

The fundamental point of the report is an acknowledgement that change is required to reflect the fact that when the United Kingdom leaves the European Union, a significant number of powers will be returned to both Westminster and Holyrood, some of which will require co-operation. It is right and proper that we approach that in a sensible and pragmatic manner, which I feel the committee has done in its report.

As other members have noted, it is the clear view of business and industry that appropriate common frameworks and joint working will be essential. For example, the NFU Scotland has said that regulatory differences must be limited. The Royal Society of Edinburgh, which other members have quoted, has said that

“as the EU frameworks for certain areas of public policy cease to apply, new UK frameworks will have to be evolved to replace them”.

Most importantly, the Federation of Small Businesses has noted that

“there will be certain areas where a common UK framework will be desirable, particularly in relation to the integrity of the single market within the UK”.

That is an important point, which many speakers have stressed, and it is a key component of the committee’s report in relation to the necessity of common frameworks. It notes that such frameworks are necessary to

“enable the functioning of the UK internal market, while acknowledging policy divergence”.

The latter point is important, in my view. Naturally, there will be differences of opinion across the devolved nations. Given that we have a UK-wide Parliament and three devolved institutions, that is to be expected and respected. However, we must avoid a situation in which policy divergence creates unintended consequences between constituent parts of the UK, which was a point made by Murdo Fraser. I concur with the report, which says that

“resolving by negotiation the extent to which policy divergence can exist within common frameworks is critical to securing longer term agreement”

to such frameworks. The report notes that both the

“UK and Devolved Governments already have experience of managing policy divergence within the requirements of the EU internal market”.

In my view, such experiences should ensure that appropriate measures exist to protect the integrity of the UK internal market, which, after all, is Scotland’s most important market, because it accounts for three times the worth of the EU single market to Scottish producers.

I want to focus on one area in which common frameworks will be necessary in the future, and in which appropriate action is being taken to meet that challenge. Again, it is one about which other members have already spoken: environmental protection. That was discussed when I sat on the Environment, Climate Change and Land Reform committee, in the chamber and during various meetings with environmental organisations.

The Finance and Constitution Committee’s report notes that, in 2018,

“the UK Government published the Draft Environment (Governance and Principles) Bill which proposes a set of environmental principles which will be applied ... and that the Scottish Government has produced its own consultation on environmental principles and governance earlier this year.”

It is clear that clarity will be required as we move forward. Like Jenny Gilruth and Alex Rowley, I was struck by the submission of Scottish Environment LINK, which noted its understanding that, since that report was published, the UK Government and devolved Administrations have been progressing a five-phase approach to developing common frameworks across a number of areas relating to the environment. If that is indeed the case, it is clear that all Administrations are taking this matter seriously, which the Scottish Conservatives strongly welcome.

In the remaining time that I have, I want to highlight some other important contributions to the debate. In a typically measured speech, Bruce Crawford mentioned transparency. He spoke about how our approach must not be led solely by the executive and how Parliament must have a formal role in developing, agreeing and implementing common frameworks. I was struck by paragraph 190 of the report, which says:

“Parliament and stakeholders have an important role in contributing to and scrutinising common frameworks.”

That point was also made by Murdo Fraser, and I think that it was recognised and acknowledged by the cabinet secretary in his speech.

Murdo Fraser also spoke about a council of ministers and the fact that, under that proposed model, there would be no separate voice for England. That requires to be looked at.

Gordon Lindhurst and James Kelly mentioned the importance of mechanisms for resolving conflicts of interest and the need for good arbitration processes and a constructive approach. I was struck by what James Kelly said about international comparisons. However serious a disagreement may be, we do need to change the culture of politics, particularly when trying to reach a fair and consensual result.

On behalf of the Scottish Conservatives, I reiterate our thanks to the Finance and Constitution Committee for the important work that it has done in putting together its insightful report. It is vital that, as we leave the EU, all Administrations within the UK are able to work cohesively and productively as we take control of the some 111 powers that are held by the EU and begin to set clear policy destinations. I welcome the fact that the Scottish and UK Governments are already working together on establishing such common frameworks, and I hope that the Scottish Government will seek to keep this Parliament informed on the matter as it continues to progress.