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Chamber

Meeting of the Parliament (Hybrid) 22 December 2020

22 Dec 2020 · S5 · Meeting of the Parliament
Item of business
UK Withdrawal from the European Union (Continuity) (Scotland) Bill

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 European Union (Continuity) (Scotland) Bill, has consented to place her prerogative and interests, in so far as they are affected by the bill, at the disposal of the Parliament for the purposes of the bill.

I am pleased to present the UK Withdrawal from the European Union (Continuity) (Scotland) Bill to the Parliament for debate at stage 3. I invite members to agree to pass the bill.

We are nine days away from the end of the transition period that started when the United Kingdom left the European Union and that has protected the UK from feeling the full force of Brexit. It was intended to allow a comprehensive deal to be reached, and it could have been extended. However, despite representations in the strongest possible terms having been made by the Scottish Government and others, no extension was sought by the UK Government.

It is still not too late to say to the UK Government, “For heaven’s sake, be sensible.” Considering what is presently happening at the channel ports, the disaster that is befalling many shellfish dealers and fishermen in Scotland—particularly those in my own constituency—it is utterly extraordinary that the UK Government is proceeding with this madness, and apparently with the support of the Tories in the Scottish Parliament. Let me repeat what the First Minister said this week: please do whatever it takes, Prime Minister, to extend the transition period to ensure that this chaos comes to an end.

It is against that backdrop of instability and chaos that we can see why the bill is vital. Part 1 will provide ministers with the power to align the law in Scotland with that in the EU when that would be in Scotland’s best interests. I am grateful to members from across the chamber who came together to work with me to find a way of ensuring that the power has a clear purpose and is both operable and transparent and that the Parliament’s scrutiny role is appropriately recognised. I pay tribute to Angela Constance, Liam McArthur, Patrick Harvie, Alex Rowley and Mike Rumbles, among others, for their constructive approach in reaching consensus on those vital matters.

Part 2 incorporates into Scots law guiding principles on the environment, to replace the fundamental environmental protections that will be lost as a result of Brexit. It establishes environmental standards Scotland, which will carry out some of the functions that were previously carried out by the European Commission. As there are only nine days to go until 1 January 2021, we shall ask the Parliament, in a motion to endorse the setting up of that body on a non-statutory basis, to bridge that gap. I know that my colleague Roseanna Cunningham has had valuable discussions with the Environment, Climate Change and Land Reform Committee and with individual members as part 2 has progressed. I commend Gillian Martin of that committee for her effective management of consideration of the bill at stage 2. I also thank the Finance and Constitution Committee for its work. I thank Liz Smith for her constructive attitude to working on the amendment on the future review of governance, and I know that Roseanna Cunningham thanks her, too. Although the Scottish Government has not been able to support all the amendments, I am grateful to those who lodged them—although, perhaps, when they see a result of 90 votes to 26, they should be able to read the runes.

I commend the bill team, led by Emma Lupinska, which I have to say has been exceptional. I speak as someone who knows a thing or two about bill teams. I think that this is my ninth or 10th bill—not just this year, although it feels as though it could be so. However, I also have to say, with regret—although it will not be met with regret by some members in the chamber—that for both Roseanna Cunningham and me it is likely, although not certain, given the unpredictable situation, to be the last piece of legislation that we will take through the Parliament. That is an important part of the job of a minister, and it is a very important part of the job of a parliamentarian. I have learned a great deal during the legislative process, and I hope that I have been able to pass some of that on from time to time.

I move,

That the Parliament agrees that the UK Withdrawal from the European Union (Continuity) (Scotland) Bill be passed.

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
The next item of business is a debate on motion S5M-23761, in the name of Michael Russell, on the UK Withdrawal from the European Union (Continuity) (Scotlan...
The Cabinet Secretary for the Constitution, Europe and External Affairs (Michael Russell) 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
Thank you very much, cabinet secretary. That was very succinct. At the end of a long day, that is good. I call Dean Lockhart to open the debate for the Scot...
Dean Lockhart (Mid Scotland and Fife) (Con) Con
The bill is an exceptional piece of legislation. It gives the Scottish ministers exceptional powers to keep pace with EU legislation over a period of a decad...
The Deputy Presiding Officer SNP
Thank you, Mr Lockhart. Anas Sarwar will open for Labour. 18:53
Anas Sarwar (Glasgow) (Lab) Lab
I will come to the wider politics in a moment, but I want to talk about the bill first. At the outset, I should say that I might be coming in at the end for ...
Dean Lockhart Con
Will the member take an intervention?
Anas Sarwar Lab
I hope that Mr Lockhart is going to express that remorse now in his intervention.
Dean Lockhart Con
Will the member clarify the UK Labour Party leader’s position? Is it not that the UK Government should continue negotiations and get the best possible deal f...
Anas Sarwar Lab
I will address that in a moment. However, it is worth reflecting on Mr Lockhart’s party’s position at UK level. In an election campaign, we were promised an ...
Mark Ruskell (Mid Scotland and Fife) (Green) Green
The need to get the bill right has been a big weight on members’ shoulders. There is a real sense of loss as we fully exit the EU, and there is a risk that h...
The Deputy Presiding Officer SNP
I call Liam McArthur to open for the Liberal Democrats. 19:02
Liam McArthur (Orkney Islands) (LD) LD
I associate myself with the comments of Mark Ruskell and Anas Sarwar on their regret surrounding the bill. It is not a bill that many of us wanted to see. Th...
The Deputy Presiding Officer SNP
There will be one speaker in the open debate: I call Claudia Beamish. 19:06
Claudia Beamish (South Scotland) (Lab) Lab
This country is at a time of crisis on many fronts. I welcome the passing of the UK Withdrawal from the European Union (Continuity) (Scotland) Bill today as ...
The Deputy Presiding Officer SNP
There is a little time in hand, so I can give members an extra minute for closing speeches. That is generosity, which is perhaps not desired, as you are all ...
Alex Rowley (Mid Scotland and Fife) (Lab) Lab
I thank the Finance and Constitution Committee and the Environment, Climate Change and Land Reform Committee for their hard work in scrutinising the bill, an...
Dean Lockhart Con
I will ask the same question that I asked Anas Sarwar. Does Alex Rowley agree with the UK Labour leader that the priority of the UK Government should be to g...
Alex Rowley Lab
The Scottish Labour Party will put forward what is in the best interests of the people of Scotland, and we will always stand up for what is right for Scotlan...
Liz Smith (Mid Scotland and Fife) (Con) Con
I add my thanks to the Finance and Constitution Committee and the Environment, Climate Change and Land Reform Committee for all the work that they have under...
Anas Sarwar Lab
I accept that Liz Smith was on the remain side and I accept what she is saying about where we need to go with the bill post-Brexit. However, she is a very fa...
Liz Smith Con
It would not be the first time that I have put on record in the Parliament that I am not happy about the Brexit process. I said that when I began my closing ...
Patrick Harvie (Glasgow) (Green) Green
Will the member take an intervention?
Liz Smith Con
Do I have time to take an intervention, Presiding Officer?
The Deputy Presiding Officer SNP
Yes.
Patrick Harvie Green
If it were being made possible to work together, that would be all very well, but the Conservative Party’s central political project now is to remove us from...
The Deputy Presiding Officer SNP
Liz Smith will get all her time back.
Liz Smith Con
I completely disagree with Mr Harvie. It is painfully obvious that we will not, sadly, have any input into keeping pace with EU law, so the argument that Mr ...
The Deputy Presiding Officer SNP
I call Michael Russell to close for the Scottish Government. Cabinet secretary, if you want to take us up to decision time, or shortly before it, you can. ...
Michael Russell SNP
Thank you, Presiding Officer. I am wondering how I will take us up to decision time, but I will do my very best. I start by addressing the point of substan...