Hansard

I will come on to that. There are clearly concerns about how devolution has been undermined in recent years post-Brexit. In terms of the democratic way forward, the next UK general election—at which the Labour Party will set out our plans—will be an opportunity to reset the relationship between the UK Government and devolved Governments and to resolve some of the issues that we are concerned about.

As the Institute for Government has stated, we have been left with a big zone of regulatory uncertainty, which has created a need for greater co-operation between the Government’s new institutions and, to be frank, a new culture of shared governance. That was echoed by Professor Hugh Rawlings, a former director of constitutional affairs at the Welsh Government, who told us that

“devolution depends, at a fundamental level, on understandings of trust between Governments.”—[Official Report, Constitution, Europe, External Affairs and Culture Committee, 9 March 2023; c 12.]

Scottish Labour very much agrees with that. We believe that the people of Scotland and the rest of the UK will be best served by a culture of co-operation and trust between our Governments, instead of a culture of conflict. The people of Scotland have not had that in recent years, and the next UK elections, as well as the Scottish Parliament elections, will be an opportunity to reset the relations between the UK and Scottish Governments.

Scottish Labour recognises that there was a deterioration in relations between the current UK Government and all the devolved Governments post-Brexit, particularly under Boris Johnson. We also recognise that, even before Brexit, there was a poor relationship between the Conservative and SNP Governments, as noted by the Smith commission in the committee’s report. We therefore agree with the committee that there must be better intergovernmental and interparliamentary relations to deal with the overlaps between reserved and devolved powers.

There should be a new memorandum of understanding, and I agree with the cabinet secretary when he says that, when agreements are made, they need to be adhered to. The memorandum of understanding between the respective Governments is right to state that they will seek to alert each other to relevant developments within their areas of responsibility, as soon as practical and, wherever possible, prior to publication. It is important that ministers as well as civil servants work closely together to iron out potential problems before they can arise, but we question whether there really is the political climate and will from Government ministers to make that a reality.

To help that, we also believe that greater transparency of intergovernmental working can lead to better outcomes and help Parliaments to hold Government and ministers to account. It is clear that we need a new approach, a new relationship and new ways of working.

As has already been mentioned, unlike intergovernmental relations more generally, the Sewel convention worked relatively very well prior to Brexit. Consent was withheld on only one occasion out of 140 between 1999 and 2015, and that one occasion was followed by a compromise. However, as the cabinet secretary said, it has been breached significantly and on numerous occasions by the Conservative Government in recent years, particularly under Boris Johnson. The Labour Party in Scotland, Wales and across the UK does not believe that it is acceptable for UK Governments to legislate in devolved areas without consent. We need to return to the situation in which the UK Government respects and adheres to the Sewel convention.

The best indicator of future behaviour is past behaviour. The Labour Government not only created devolution but defended it and would do so again. However, more than that, and as the convener said, we recognise the need for structural reform and the need to strengthen the Sewel convention legally. As Professor Jim Gallagher told us, the breach of the Sewel convention in relation to the United Kingdom Internal Market Act 2020 was

“an error of constitutional significance”

and it

“leaves the argument for strengthening the Sewel convention unanswerable.”—[Official Report, Constitution, Europe, External Affairs and Culture Committee, 9 March 2023; c 5.]

That is why the UK Labour Party’s commission on the future of the UK, which was initiated and welcomed by Keir Starmer, recommends that there should be a new statutory formulation of the Sewel convention and that it should be legally binding. It should apply to legislation in relation to devolved matters and explicitly to legislation that affects the status or powers of the devolved legislators and executives. It should not be restricted to applying normally; it should be binding in all circumstances.

The next UK general election, whenever it comes this year, will be an opportunity to elect a Labour Government that is committed to defending devolution and making the UK better for Scotland now and into the future. It is important for us to recognise, as the committee has done, the importance of governance in England. Widespread devolution in England, as proposed by the Labour Party’s commission, could change the face of the UK and the context for devolution for Scotland, Wales and Northern Ireland for the better.

I am pleased that the report details the support for common frameworks among the Scottish Government, the Welsh Government and a host of academics. I hear what the cabinet secretary said about the UK Government’s position, but it has at least acknowledged the role that it could play. In the previous debate on the United Kingdom Internal Market Act 2020, I spoke about the need for new, effective and agreed common frameworks to protect devolution and manage potential divergence across the UK.

We have a serious issue, but the potential use of new common frameworks is a serious solution with serious support. Clearly, there are concerns, which the report looks at, about how they can be approved, but we agree with the committee and the Welsh and Scottish Governments that new, effective, more transparent, improved and agreed common frameworks should be seriously considered, discussed and taken forward.

Unlike the Scottish Government, we recognise the importance of the UK internal market to Scotland’s economy and businesses. We recognise, as the committee has done, that divergence can be expensive for business, and we must raise awareness of the United Kingdom Internal Market Act 2020 and common frameworks. It is crucial that business stakeholders are involved in developing new regulations.

Do you want me to close, Presiding Officer?