Scotland Bill

Debate between Gavin Newlands and Ian Blackford

Monday 9th November 2015 Commons Chamber

[Gavin Newlands]

I appreciate the shadow Secretary of State’s support on this matter, which I will take up with my colleagues.

The Human Rights Act is vital to us in many ways. It gives us the right to life, freedom from torture, the right to liberty and security, freedom of thought, belief and religion, the right to private and family life, freedom of expression, assembly and association, and the right to free elections and education, to name a few. The Human Rights Act extends to all public authorities in Scotland—our schools, our local government, our NHS and our police. Amendment 204 would devolve responsibility for human rights to the Scottish Parliament, putting it beyond any doubt whatever, to help to safeguard human rights for those living in Scotland.

The potential abolition of the Human Rights Act will undoubtedly have profound implications for devolution in Scotland and across these islands. It would be an affront to democracy for the Conservative Government to use their slender majority in this House to abolish the Human Rights Acts when they do not command support in Scotland, Wales or Northern Ireland. Our new clause 35 would require the UK Government, regardless of political hue, to seek a legislative consent motion in all instances of Westminster legislation affecting areas devolved to Scotland, and would require the UK Government to consult the Scottish Government on legislation that would have such an impact on Scotland.

The Tory Government—formed by a party to which the people of Scotland delivered a vote of no confidence at the last election; a party with only one MP in Scotland—have rejected every amendment put forward by the SNP Westminster group, a group that has 95% of Scotland’s MPs. That prompts the question: why are amendments to the Scotland Bill that are supported by an overwhelming majority of Scotland’s MPs ultimately rejected? The Conservatives—and, indeed, Labour—must stop ducking, diving and obfuscating when it comes to strengthening the Scotland Bill and must stop playing games with Scotland’s powers. The people of Scotland are watching. It is time they were listened to.

[Ian Blackford]

I rise to support new clause 36, which would give powers to Scotland over whether and when we hold a referendum. If it is right that there is mutual respect—we are told that there is—then the Scottish Parliament, elected by the Scottish people, has the right to determine its own destiny. The Secretary of State, and no doubt other Members, will be familiar with the words of Lord Cooper from 1953, when he stated that

“the principle of unlimited sovereignty of parliament is a distinctly English principle and has no counterpart in Scottish Constitutional Law”.

In other words, it is the people of Scotland who are sovereign. We come to this House with a mandate from the people of Scotland and that ought to be respected. My message to those on the Government Benches is that they drove through English votes for English laws—