Oral Answers to Questions
Alan Brown Excerpts(5 years ago)
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Alan Brown (Kilmarnock and Loudoun) (SNP)
The Prime Minister (Mrs Theresa May)
May I start by thanking the Mental Health Foundation for organising this year’s Mental Health Awareness Week? Having good mental health is vital to us all, which is why we are investing record levels in mental health. We want to ensure that people receive treatment and care when they need it.
This morning I had meetings with ministerial colleagues and others. In addition to my duties in this House, I will today be joining world leaders and internet companies for a summit in Paris on tackling terrorist use of the internet.
Alan Brown
I also support Mental Health Awareness Week.
Instead of a transplant providing my constituent Pauline Hunt with an improved and extended life, she has tragically received a death sentence after receiving a malignant kidney. Pauline rightly needs answers, and comfort that this will not happen to anyone else. Rather than her having to fight the system to get these answers, will the Prime Minister ensure that NHS Blood and Transplant undertakes a case review to identify why this malignancy was not picked up earlier and why red flags were not identified post-operation?
The Prime Minister
The hon. Gentleman has clearly raised a very concerning case, and has given some details here on the Floor of the House. I will ensure that the relevant Minister looks at the issue, because it is obviously a matter of concern if somebody receives something that they believe is going to give them their life but that is actually a malignant organ, as has happened in the case raised by the hon. Gentleman. I will ensure that the relevant Minister at the Department of Health looks into the matter.
Oral Answers to Questions
Alan Brown Excerpts(5 years ago)
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Alan Brown (Kilmarnock and Loudoun) (SNP)
The Parliamentary Secretary, Cabinet Office (Kevin Foster)
The Government are committed to supporting measures to reduce the size of the other place on which they can command a consensus across both Houses, such as the positive trend in retirements. My right hon. Friend the Prime Minister is also committed to maintaining her restrained approach to appointments.
Alan Brown
The Minister mentioned consensus, but the reality is that due to Brexit and the PM’s failed leadership, this House is completely gridlocked, which gives the bishops and hereditary peers in the unelected Lords more power than ever and a greater say in Scotland’s future than the Scottish Parliament itself. Does he agree with his Scottish Tory colleague, MSP Murdo Fraser, that the other place needs to be scrapped?
Kevin Foster
In the last week we sat, the Scottish National party was praising the House of peers. This week it is calling for it to be scrapped again. The focus now, with the issues facing this country, is to get on with delivering a Brexit deal that works for the whole United Kingdom, rather than spend our time building constitutional grievances, as the separatists wish to do.
Oral Answers to Questions
Alan Brown Excerpts(5 years, 1 month ago)
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Alan Brown (Kilmarnock and Loudoun) (SNP)
Under the Conservative Government, the Scottish budget has been cut by £2.6 billion in real terms over 10 years, and yet the confidence and supply deal with the Democratic Unionist party means that the Barnett formula has been broken to the tune of £3.4 billion. When is Scotland going to get that money?
Mel Stride
The Barnett formula has been honoured. As the hon. Gentleman will know, there are Barnett consequentials where moneys are allocated to devolved matters within England. That is not the case in the recent additional amounts to support the Northern Ireland budget. It is also the case that in the recent autumn Budget the Chancellor announced changes that resulted in an additional £950 million for the Scottish Government.
European Council
Alan Brown Excerpts(5 years, 1 month ago)
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The Prime Minister
What I hope people across the UK who are worried about Brexit will see is a Government who are trying to ensure that we deliver on the vote of the British people but in a way that protects their jobs, protects our Union and protects their security.
Alan Brown (Kilmarnock and Loudoun) (SNP)
Yet again the Prime Minister displays a lack of self-awareness and a complete irony bypass. In her statement, she said that if she cannot get her vote through, she will work across the House to find a solution, except then she tells us that she will block Parliament taking control and will not bind the Government to accepting votes, and she dismisses all alternatives but is keeping no deal on the table. The truth is that she had no strategy when she triggered article 50, she has negotiated a bad deal, and when the wheels have come off the bogie, her idea of seeking consensus is threatening Parliament. When will she recognise her own failures, do the right thing and walk?
The Prime Minister
We have indeed engaged with others across the House. I have engaged with the leader of the Scottish National party, the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), and leaders of other parties. There are different views across the House. I do not agree with revoking article 50. I think we should deliver on the Brexit vote. That is a difference of opinion between us, but we have reached out to see whether we can find a way to ensure that we leave the European Union with a deal that delivers for people and delivers to protect their jobs, their security and our Union.
European Union (Withdrawal) Act
Alan Brown Excerpts(5 years, 1 month ago)
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Mr Speaker
That might seem eminently reasonable. Nothing is to be taken for granted, but I can certainly see, and many Members might note, the force and logic of what the hon. Lady has said.
Alan Brown (Kilmarnock and Loudoun) (SNP)
On a point of order, Mr Speaker. Tonight’s vote is obviously about the House taking control due to a lack of leadership by the Government. In that vein, we have usually had a point of order or a statement from the Prime Minister after such votes. Have you had any indication of where the Prime Minister and the Leader of the House are hiding and of what the Leader of the House is planning to do about Government business on Wednesday, which needs to be rescheduled? We have not had a statement.
Mr Speaker
I thank the hon. Gentleman for his point of order. In fairness, and speaking off the top of my head without the opportunity to consult and without advance knowledge of what the hon. Gentleman would say, I am not sure that that is quite right in procedural terms, because the effect of tonight’s vote on the amendment in the name of the right hon. Member for West Dorset and then in support of the main motion, as amended, is that what the right hon. Gentleman has commended to the House will have precedence on Wednesday. It does not, however, knock out other Government business of itself; I think that other Government business would follow. So although the hon. Gentleman might want a business statement by the Leader of the House or a response from the Prime Minister, in procedural terms neither of those things is required tonight—he might want it, but neither is required tonight. Perhaps I can leave it there.
European Union (Withdrawal) Act
Alan Brown Excerpts(5 years, 2 months ago)
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The Prime Minister
I say to the right hon. Gentleman: let us get the deal agreed tonight, and then the usual channels will work to see what is necessary in relation to getting legislation through the House.
Mr Speaker, it was not this House that—
The Prime Minister
Thank you, Mr Speaker, but I will take the hon. Gentleman’s intervention.
Alan Brown
I thank the Prime Minister for being so generous with her time. When it comes to the backstop, is it not the case that the new arrangements come nowhere close to the Brady amendment; the Malthouse compromise has been consigned to history—it is a phrase we no longer hear—paragraph 19 of the legal advice says the legal risks remain the same in terms of our being stuck in the backstop; and, given that she has admitted that no technology exists to provide a solution for the Northern Ireland border, Stormont could keep the UK in the implementation period for a long time, until that technological alternative exists?
The Prime Minister
I lost count, but I say to the hon. Gentleman that I think he is wrong, wrong, wrong, wrong, wrong.
Oral Answers to Questions
Alan Brown Excerpts(5 years, 2 months ago)
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Patrick Grady (Glasgow North) (SNP)
Alan Brown (Kilmarnock and Loudoun) (SNP)
Peter Grant (Glenrothes) (SNP)
David Mundell
There is one sure and clear way to avoid a no-deal Brexit, and that is to vote for the Prime Minister’s deal; but on every occasion that SNP Members have had an opportunity to do so, they have declined. Indeed, they have sought to bring a no-deal Brexit closer to reality.
Alan Brown
Instead of these weasel words and standard answer, will the Secretary of State answer the question? The Government agree that no deal would be a disaster. Does he agree with extending article 50 to rule out a no-deal scenario?
Draft Public Procurement (Amendment etc.) (EU Exit) Regulations 2019
Alan Brown Excerpts(5 years, 3 months ago)
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Alan Brown (Kilmarnock and Loudoun) (SNP)
The Minister says there will be future opportunities. Surely, as the Minister responsible, he has already identified those opportunities and planned a timeline for making the fixes he thinks are required. Will he clarify that?
Oliver Dowden
The best approach to identifying opportunities for reforming procurement laws is to look at those laws in totality once we have left the European Union so that, to the point made by my right hon. Friend the Member for East Yorkshire, we can consider their full scope rather than doing things in a piecemeal fashion. In that way, we will be able to reform EU procurement law in its totality and ensure that we address the range of concerns about how that law works. Since we will no longer be bound by it, we will have the opportunity to do that in a full-hearted way.
Oliver Dowden
That is one example. There are many such examples. The Government are still working on the assumption that we will reach agreement on the withdrawal agreement, that it will be passed by Parliament and that we will have a transition period, which will allow us two years to consider this further. I would like to have a Green Paper first so that we can discuss all the ideas before formally bringing forward legislation, to make sure we capture all the related issues.
Alan Brown
Can the Minister explain what checks and balances there are? The EU procurement rules were about open competitive tendering. We know that with Ferrygate it was a direct award. What checks and balances are there to stop the UK Government, rather than the Cabinet Office, from having too much power in the procurement process?
Oliver Dowden
The draft regulations take all the existing EU procurement rules and replace them in the law of the United Kingdom. All the remedies that exist under EU law will exist under these regulations. Such cases can be pursued in court, as was the case previously. There is no change to the law other than to bring these things into UK law, and no change to the remedies—they still exist in the courts as they did previously.
This statutory instrument confers a number of regulation-making powers. They mirror powers that the EU Commission and the European Council have under EU directives and regulations or the treaty on the functioning of the European Union. The current procurement regulations are subject to the derogation in article 346 of the treaty on the functioning of the European Union. That provision enables the UK to take necessary measures to protect essential security interests connected with the production of or trade in armed munitions and war material. That includes overriding the procurement rules or aspects of them.
To ensure that the UK continues to benefit from this important derogation once we have left the EU, we have incorporated the text of article 346 into the procurement regulations, with appropriate modifications. Currently, the arms and munitions that fall within the scope of the derogation are determined by a list drawn up by the Council of Ministers of the European Economic Community as it then was, back in 1958. The list includes portable and automatic firearms, ammunition, guided missiles, military vehicles and so on. The modifications we have made include a power for the Secretary of State for Defence to update that 1958 list, for example to take account of developments in technology. Given the nature of this regulation-making power and its potential to affect the scope of the procurement regulations, its exercise has been made subject to the affirmative procedure.
The other regulation-making powers will be exercised by the Minister for the Cabinet Office. They include the function to revalue the main financial thresholds following a biennial review on the same basis as the European Commission, and to convert thresholds of the agreement on Government procurement directly into equivalent sterling values. Also transferred is the power that the directives confer on the Commission to update the exemptions to the use of electronic means of communication, in the light of technological developments, and to update the technical requirements relating to tools and devices for the electronic receipt of tenders, as well as to take account of technological developments.
The updates would be made through regulations that are subject to the prior consent of Welsh Ministers or Northern Ireland Departments in respect of devolved Welsh or Northern Ireland authorities. The Commission’s power to amend the list of international agreements in the field of environmental, social and labour law, set out in annexes to the directives, has also been conferred on the Minister for the Cabinet Office by means of the Minister’s power to treat the list as though certain international agreements were removed and others not covered were listed. Again, any ensuing regulations are subject to the prior consent of Welsh Ministers or Northern Ireland Departments in respect of Welsh or Northern Ireland devolved authorities.
Finally, the Commission currently has the power to amend the annexes to EU regulation 2195/2002 of the European Parliament and of the Council on the common procurement vocabulary—CPV. That regulation will become retained direct EU legislation on exit day. The Minister for the Cabinet Office is given the same power to amend the annexes to the retained version of the regulation.
Leaving the EU
Alan Brown Excerpts(5 years, 3 months ago)
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The Prime Minister
It is no good the hon. Gentleman shaking his head. What the European Court of Justice made clear in its determination was that it was open to an individual member state to request a revocation of article 50, but that that meant staying in the European Union.
The Prime Minister
What the Government are doing is taking the instruction of this Parliament, which was to get changes to the withdrawal agreement and to the backstop, so that this Parliament can agree a deal. That is what we are working on and what we are determined to deliver.
Alan Brown
On the “trust me” and “hold your nerve” theme, let us look at the no-deal preparations in terms of the ferry contract. Using an emergency procedure exemption for direct awards to the ferry companies in breach of European rules, there was an award to a ferry company with no ships and negative assets. Yesterday at the Dispatch Box, the Transport Secretary said, “Don’t worry, it hasn’t cost taxpayers money”—we now learn that up to £800,000 has been spent on external consultants —and he ducked issues about legal challenges while his Department was in court. Will the Prime Minister sack the Transport Secretary, or is that the general level of competence of this Government, which we are supposed to have trust in?
European Union (Withdrawal) Act 2018
Alan Brown Excerpts(5 years, 3 months ago)
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Alan Brown (Kilmarnock and Loudoun) (SNP)
Going back to the intervention of the hon. Member for Stirling (Stephen Kerr), is it not insane to say that agreeing to the Prime Minister’s deal will lead to an orderly Brexit? All it would do is put stuff into a transition period, during which time we would not know what is happening. Even the Prime Minister is now arguing that she needs to go back and change the backstop. There is no orderly Brexit, and there is no deal to agree.
Ian Blackford
The Government like to talk about an implementation period, but what are they implementing? They only thing they have come forward with is a deal to leave the European Union. The relationship between the United Kingdom and the European Union is to be left to the future, and there is no knowing how long that will take. According to the papers in front of us, it will supposedly happen within a two-year period, but many believe that it could take five years or perhaps even longer. There is no certainty with what the Government are bringing forward.
We have still not seen any economic assessment of the Government’s deal. Either the Prime Minister has not instructed her Government to conduct one, or they will not publish it due to the reality of the hardship that her deal will bring. We are being asked again to vote for a blindfold Brexit and to sleepwalk into the future without facts and analysis from the Government about what the deal means for our economy. It is an insult to this House and each and every Member in it.
I wish to ask the Prime Minister a question—I hope she reads this in Hansard, as she is not here. Will she publish the details of the impact of her deal on the economy and contrast it with the status quo? The Government are refusing to end the shroud of secrecy and publish an economic analysis, but let me remind the House of the facts. Analysis by Scottish Government officials found that by 2030, under a free trade agreement, GDP would be £9 billion lower than it would have been if we had stayed in the EU—equivalent to £1,600 per person in Scotland. The Bank of England has warned that crashing out of the EU without a deal would be worse than the 2008 financial crisis, with house prices plummeting by as much as 30% and the Bank of England rate being hiked to 4%. Brexit uncertainty is already damaging our economy to the tune of £600 per household per year. Jobs and investment are at risk, and our economy is set to be weaker and smaller. How can any Member of this House countenance that?
We were elected to protect our citizens, not punish them, but Brexit will inflict undue pain across all parts of the United Kingdom. With this deal or no deal our constituents are set to suffer, and we cannot allow that to happen. Some Brexiteers argue that we will be okay without the internal markets of the EU. They are in cloud cuckoo land, harking back to the past. I say this to them: it is over.
Let us look at the facts. The UK’s trade with County Cork is worth almost as much as its entire trade with South Africa. Trade with Ireland is worth more to the UK than trade with India, Japan, New Zealand and Australia put together. As “Scotland’s Place in Europe” demonstrated, even if the UK signs agreements with the 10 biggest non-EEA single country trading partners, including the USA, China and Canada—a process that would take many years—that would cover only 37% of Scotland’s current exports. By contrast, 43% currently go to the European Union. The idea that we will be better off outside the European Union is a fallacy.