Hansard

The decision of voters in the 2016 referendum to leave the European Union has caused political shock waves, anger and division, along with confusion and uncertainty. As this debate takes place, and following the UK Supreme Court’s historic judgment today, there is no obvious sign of the political confusion coming to an end. Many of us do not want the UK to leave the EU—and it is still possible that we will not—but it would be remiss of the Scottish Parliament not to plan for what might happen should the UK leave the EU.

I commend the Finance and Constitution Committee’s report on common frameworks, which is timely and relevant, and reflects the usual high professionalism of our committee clerks and convener and the insightful contributions that we received from our first-class witnesses.

At first sight, the topic may appear to be dry and anodyne—the sort of issue that excites only anoraks—but we must stop for a moment to think about what would be involved if the UK left the EU. A large swathe of powers that are currently held by the EU would be repatriated and would naturally fall within the competence of the UK Government and Parliament. Equally, a large number of powers where EU law and devolved law overlap would pass by default to the devolved institutions. As members have said, given the number of areas in which UK common frameworks would be needed, it is clear that we need a robust and clearly understood protocol for ensuring that those frameworks will be in place.

It would be unacceptable for the Scottish Government and the Scottish Parliament not to play a full and equal part in determining matters that have a devolved competence or implication. That is why it is right for the committee to continue to robustly defend the rights of the Scottish Parliament.

As Murdo Fraser said, it is generally accepted that there are issues—for example, food labelling—that normally fall within a devolved competence that will, after Brexit, require some UK-wide alignment and in respect of which it makes no sense for a Scottish policy framework to be in outright conflict with the policy in the rest of the UK. I know that the Scottish Government has recognised that since 2016. Like Alex Rowley, I agree with the Scottish Government that that should be a matter for negotiation and agreement, not imposition.

I welcome any progress that has been made to date, but I remain of the view that the joint ministerial committee is not fit for purpose. Something entirely new is needed. Members have mentioned the Welsh Labour Government’s proposals, which need serious consideration. We need a more robust process in which respect is central. We need something that is more transparent in its operation. That is why the committee has rightly called for the current review of intergovernmental relations to be taken forward as a matter of urgency.

However, there has to be a note of caution. This is not about giving the Scottish Government a blank cheque. The Scottish Parliament has to be given its place, and stakeholders must have a role in contributing to and scrutinising common frameworks. I welcome what the minister said about the progress that is being made in that area, but recent experience suggests that the Scottish Parliament and stakeholders need to be vigilant. We need only look at some of the powers that the Scottish ministers have sought to afford themselves in the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill and the Referendums (Scotland) Bill, for example. Transparency is required from the UK Government in its dealings with the Scottish Government, but there must also be transparency from the Scottish Government in its dealings with the Scottish Parliament and stakeholders.

It is clear that there needs to be transparency, openness and respect from top to bottom in the whole process. Common frameworks must be arrived at through agreement. We cannot have the UK Government usurping devolved powers or the Scottish Government signing off agreements with the UK without the consent of the Scottish Parliament and without engagement with our stakeholders.

There are worrying signs from the new UK Tory Government that it is prepared to play fast and loose with the law and conventions. Sharp practice needs to be stripped out of any approach to common frameworks.

Change is needed. We need to change the joint ministerial committee process, and we need to change attitudes and practice. There is a danger that, if we get it wrong, we could strengthen ministerial powers at the UK Government or Scottish Government level at the expense of parliamentary scrutiny. There is too much at stake for us to get it wrong, particularly in such troubled and unsettling times.

I again commend the committee’s report.