Hansard

Before I say anything, it is important to set out that, our issues with the Australia and New Zealand trade deals notwithstanding, trade is undoubtedly a good thing. Regardless of the current circumstances, we should encourage trade and look for opportunities to trade, especially with places in the world such as Australia and New Zealand, with which we share interests and a common history. However, we need to remember that the Australia and New Zealand deal was deeply flawed and that, in the absence of an oven-ready deal, it was rather snatched and grabbed at by a UK Government that was desperately seeking upsides to the flawed Brexit that it sought to deliver.

We have much sympathy with the arguments that the Scottish Government sets out. It is important that there is a role for devolved Administrations and Parliaments in approving and devising trade deals. Those arguments have been made by Nick Thomas-Symonds and other colleagues in the House of Commons. We sought to make several amendments to the bill as it went through. I note that in many other jurisdictions—such as in Belgium—devolved Administrations and legislatures have formal roles in the approval of trade deals. The ability of the UK Government to make amendments without consultation is of particular concern if there is to be a refresh of the trade agreement. It essentially gives ministers carte blanche.

Notwithstanding all that, the Government’s motion raises concerns. Although we agree that there should be consultation with people in Scotland, it is no more acceptable for Scottish ministers to make decisions behind closed doors—decisions that could have a significant bearing on farmers and fruit producers—than it is for UK ministers to do so. If it is a matter of concern to the people of Scotland, it is Parliament that should be consulted on such decisions. It is not so difficult for the Scottish Parliament to pass secondary legislation or legislative consent motions. We can do so relatively easily, and it gives us that level of oversight.

People might not want to know about the details of something that is relatively obscure and not relevant to their everyday life, but, ultimately, it is important. People in Scotland are growing weary of two Governments that constantly seek to make constitutional rancour and disagreement the fundamental basis of their politics, rather than getting on in order to make progress. We want to see two Governments working together for the collective good. Regardless of one’s views on the constitutional arrangements, the Administrations in Edinburgh and London—whoever they may be—need to work together in the collective interests of the people who live in these islands. That is not what is happening now.

I move amendment S6M-08205.1, to leave out from “confer” to end and insert:

“ensure the referral of the use of powers in clause 1 to the Scottish Ministers when making provisions within the Scottish Parliament’s devolved legislative competence, or to otherwise make it a requirement for UK ministers, when making provision within the legislative competence of the Scottish Parliament, to be subject to the scrutiny and approval of the Scottish Parliament, in order to properly respect devolved responsibilities.”