Oral Answers to Questions

Alan Brown Excerpts

Wednesday 7th December 2022 Commons Chamber

[The Solicitor General]

The hon. Member for Belfast East (Gavin Robinson) always raises a serious point in relation to these issues. It is right to acknowledge that in the vast majority of cases the sentencing judges get it right, but when Parliament sets down the guidelines and the ambits, they should be followed closely.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

6. Whether she has made an assessment of the implications for her policies of the findings of the Supreme Court on the reference by the Lord Advocate of devolution issues under paragraph 34 of schedule 6 to the Scotland Act 1998.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

7. Whether she has made an assessment of the implications for her policies of the findings of the Supreme Court on the reference by the Lord Advocate of devolution issues under paragraph 34 of schedule 6 to the Scotland Act 1998.

[The Attorney General (Victoria Prentis)]

I would like to take this opportunity to thank the Opposition Front Bench and the Chairman of the Justice Committee for their extremely kind comments. I welcome the ruling of the Supreme Court. The Court was very clear—it was a unanimous decision—that a Bill legislating for a referendum on Scottish independence is not within the legislative competence of the Scottish Parliament.

[Alan Brown]

That might be the case in the Supreme Court, but if we look back, we see that John Major said of Scotland that

“no nation could be held irrevocably in a Union against its will”,

so will the Attorney General confirm that Scotland is in a voluntary Union, and if so, what is the legal mechanism to affirm that or, more importantly, the legal means by which Scotland can voluntarily leave the Union?

[The Attorney General]

The UK Supreme Court was very clear that an independence referendum was related to reserved matters, and the Government welcome the Court’s confirmation of this point. What the people of Scotland want is to see the Government working with them to solve the issues that matter to them.

Oral Answers to Questions

Alan Brown Excerpts

Thursday 13th February 2020 Commons Chamber

[Matt Warman]

As the hon. Lady knows, the NCSC has published comprehensive guidance, which the networks are paying close attention to. The networks work closely with our agencies. We will bring forward legislation on this as quickly as we can, because national security will always be at the top of our priority list. That is why we have taken the decision we have taken.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Scotland is approximately two thirds the size of England, but we have more challenging topography and islands to serve, yet Scotland will get a fifth of England’s Building Digital UK fund, and for the R100 programme, the UK Government are only committing £20 million towards the £600 million programme. Does the Minister agree with the recommendation of the Environment, Food and Rural Affairs Committee that future allocations to Scotland should be based on need, taking into account all those factors?

[Matt Warman]

As I said a minute ago, I recently had a productive conversation with my Scottish counterpart on how the Scottish and UK Governments can work together to get the broadband into Scotland that it so clearly needs.

Legal Advice: Prorogation

Alan Brown Excerpts

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

I am not sure that that is a question for the Attorney General. I am sure the hon. Gentleman can find somebody who is able to deal with it better than I could, but what I will say is that attacking people who cannot answer for themselves in this House is not appropriate and I would not choose to do it myself.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Will the Attorney General explain why there was a lack of signed witness statements? Is it the case, as we all know, that civil servants could not defend the indefensible and thought that the Government were at it all along?

[The Attorney General]

As I have said in the past, I cannot answer questions about witness statements or the internal preparations of the Government’s case for this Supreme Court.

European Union (Withdrawal) Act

Alan Brown Excerpts

Tuesday 15th January 2019 Commons Chamber

[The Attorney General]

The right hon. Gentleman is of course right to say that I published that letter in the spirit of the conversation I had with him—in the spirit of the Government’s desire to make clear as much information as this House needs to make its judgments.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

On the backstop, can the Attorney General confirm that fish from Northern Ireland will have tariff-free access into the EU and tariff-free access back to the UK, but fish from Scotland will be subject to tariffs going into the EU, and that therefore Northern Ireland is going to be treated differently from Scotland in the backstop? The Scottish Secretary talked about responsibilities. He said that he would resign if Northern Ireland were given different conditions from Scotland. Is that not the case, and should not the Scottish Secretary consider his position?

[The Attorney General]

As I understand what the hon. Gentleman said, he has misunderstood. The backstop does not deal with the question of fish at all. It has no policy arrangements—

[Alan Brown]

Will the Attorney General give way?

[The Attorney General]

I am willing to discuss it with the hon. Gentleman later.

Withdrawal Agreement: Legal Advice

Alan Brown Excerpts

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

My hon. Friend puts the context of all this admirably well.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Instead of expressing faux outrage from the Dispatch Box, the Solicitor General could have shown some backbone and voted against the motion. We have had more than two years of the UK Government telling us that no deal is better than a bad deal, but now suddenly the deal that is on the table is the only show in town and we are being told that no deal would be an unmitigated disaster. Given the Government’s ineptitude over this entire process, how are we supposed to believe their position statement on impartial legal advice?

[The Solicitor General]

The hon. Gentleman talks about backbone. It is time for him and his colleagues to show some backbone and to back a deal that serves the interests of Scotland, Northern Ireland and the rest of the United Kingdom in a way that could not be achieved by any other Prime Minister.

Oral Answers to Questions

Alan Brown Excerpts

Thursday 16th March 2017 Commons Chamber

[Matt Hancock]

My hon. Friend is exactly right. I commend initiatives such as Arts Taunton for embedding arts, culture and creativity in all aspects of life. It is incredibly important that people of all ages have the opportunity to participate and are encouraged to do so.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

12. What discussions she has had with football associations on the status of youth football contracts.

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Tracey Crouch)]

I am aware of concerns relating to youth football contracts in Scotland and have followed up the matter with the English football authorities in the light of this question. In relation to youth football in Scotland, I understand that the Scottish Government are discussing these matters with a range of stakeholders, including the football authorities, clubs, the Professional Footballers Association Scotland, and the Children’s Commissioner for Scotland.

[Alan Brown]

I thank the Minister for that answer. I presume that she is aware that the Realgrassroots campaign group has highlighted that some football clubs pay as little as £1 a week for youth football players who do 30 hours’ work. Her Majesty’s Revenue and Customs has named and shamed those clubs, but will the Minister confirm what she will do to end this exploitation?

[Tracey Crouch]

The hon. Gentleman will be aware that this is a devolved issue, but I understand that the Scottish Government have emphasised strongly to the Scottish Football Association and the Scottish Professional Football League that concerns must be taken seriously. We obviously take the duty of care to youngsters incredibly seriously and continue to look at this.

Oral Answers to Questions

Alan Brown Excerpts

Thursday 21st July 2016 Commons Chamber

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

3. What assessment the Government have made of the effect of the single-tier state pension on gender equality.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

10. What assessment the Government have made of the effect of the single-tier state pension on gender equality.

[The Parliamentary Under-Secretary of State for Welfare Delivery (Caroline Nokes)]

We have reformed the complicated pension system to introduce a simpler state pension. Together with automatic enrolment, the triple lock, the protection of pensioner benefits and new pension freedoms, that will ensure that pensioners, both women and men, have greater protection, security and choice in retirement.

--- Later in debate ---

[Caroline Nokes]

I absolutely agree that it is important to prevent gender inequalities, but equally we have to be realistic and acknowledge that, across the country, people are living longer. If we want to carry on with a sustainable and affordable pension system we must equalise the state pension age for both men and women.

[Alan Brown]

Forget the triple lock and the other measures to protect pensions that the Minister has just promoted; the simple fact is that according to the Institute for Fiscal Studies in future 14% of women will receive a lower income at state pension age than they would have under the current system. What discussions is the Minister having with colleagues from the Department for Work and Pensions to try to prevent that?

[Caroline Nokes]

The new state pension is much more generous for many women. More than 3 million women stand to gain £550 a year by 2030 as a result of the changes.

Oral Answers to Questions

Alan Brown Excerpts

Thursday 25th February 2016 Commons Chamber

[The Attorney General]

I am not sure that there is much appetite anywhere in Europe for re-opening those negotiations. The hon. Gentleman might find that there are proposals coming from this Government to make our relationship with the charter of fundamental rights clearer, based on protocol 30 of the treaties, which, as he will be aware, was negotiated by a previous Government. The protocol makes it clear that the charter does not extend rights in this country. We will bring forward further proposals on clarifying that, and again he will have a good opportunity to discuss them when he sees them.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

3. What discussions he has had with his Cabinet colleagues on the compatibility of Government proposals on investigatory powers with EU law.

[The Solicitor General (Robert Buckland)]

I regularly meet ministerial colleagues to discuss important issues of common interest, including on EU law matters. I am unable to talk about any legal content of those discussions, because whether or not the Law Officers have given advice, by convention, is not disclosed outside Government.

[Alan Brown]

Recent judgments from the European Court of Human Rights, such as in Zakharov v. Russia, strongly suggest that the powers in the United Kingdom’s draft Investigatory Powers Bill could violate the European convention on human rights. What discussions has he had with his colleagues in the Home Office to ensure that powers provided for in the Bill are compatible with the convention?

[The Solicitor General]

I can assure the hon. Gentleman that in the most recent case in the Court of Appeal, in November last year, the provisional view was that the Data Retention and Investigatory Powers Act 2014 was not inconsistent with EU law. A reference has been made to the Court of Justice of the European Union. I will not comment on that particular case, but I can assure him that when it comes to issues of compatibility, anxious consideration is always given to ensure that legislation here is in accord with the rule of law.

Oral Answers to Questions

Alan Brown Excerpts

Thursday 14th January 2016 Commons Chamber

The Minister for Women and Equalities was asked—

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

1. What assessment she has made of the effect on equality of recent changes to the Government’s definition of child poverty.

[The Minister for Women and Equalities (Nicky Morgan)]

Before I begin, may I, on behalf of the whole House, welcome the new female First Minister in Northern Ireland, Arlene Foster, to her role and wish her all the very best? I am sure the whole House will also want to offer its support to my right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), who made his personal statement yesterday.

The Government have not changed the definition of child poverty. As the Prime Minister set out on Monday, we are committed to attacking the root causes of poverty and improving children’s life chances. In the spring, we will publish a comprehensive life chances strategy. Our proposals in the Welfare Reform and Work Bill introduce new measures on worklessness and educational attainment.

[Alan Brown]

I thank the Secretary of State for her comments. Those of us on the Scottish National party Benches agree with what she said about the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) and the First Minister for Northern Ireland.

If we are only talking about additional measures to tackle poverty, I agree that they would be useful. However, it is clear that the Welfare Reform and Work Bill abandons the poverty reduction targets in the Child Poverty Act 2010. Given that 64% of children living in poverty are in working families, does the Minister agree with the Social Mobility and Child Poverty Commission, the End Child Poverty Coalition, the Joseph Rowntree Foundation, the Child Poverty Action Group and the Resolution Foundation that income assessment must be retained? Otherwise, the new measures will remove children from poverty in statistics only and not in reality. That is a cynical manoeuvre.

[Nicky Morgan]

I disagree with the hon. Gentleman’s last remarks. We remain absolutely committed to tackling child poverty and making sure that as many children as possible do not grow up affected by the blight by poverty. Since 2010, the number of children growing up in workless families has fallen by 480,000 to a record low. As I said, we want to tackle the root causes of poverty, and worklessness and educational attainment, both of which we are measuring, make a critical difference to whether a child grows up in poverty and continues to live in poverty throughout their life.

Oral Answers to Questions

Alan Brown Excerpts

Thursday 26th November 2015 Commons Chamber

The Attorney General was asked—

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

1. If he will publish his legal advice on the legality of the UK carrying out airstrikes in Syria in the absence of a UN Security Council resolution on that matter.

[John Nicolson (East Dunbartonshire) (SNP)]

9. If he will publish his legal advice on the legality of the UK carrying out airstrikes in Syria in the absence of a UN Security Council resolution on that matter.

[The Attorney General (Jeremy Wright)]

It is a long-standing convention that Law Officers’ advice is not published. However, as hon. Members will know, the Prime Minister is setting out today the case for taking further action in Syria, and he will also set out the legal basis for doing do.

[Alan Brown]

I thank the Attorney General for that answer, and I hope that the Scottish media are listening on this issue of the publication of legal advice with respect to the Scottish Parliament. I welcome the fact that there will be some disclosure later on. I understand convention, but I still think full disclosure of legal advice should be given rather than made a part of the Prime Minister’s statement. We need to learn the lessons from Iraq, when the Government of the day went backwards and forwards on legal advice until they got the answer they wanted. I therefore ask again for full disclosure.

[The Attorney General]

As I say, the hon. Gentleman will see that the legal basis for action is, in the Government’s view, set out in what the Prime Minister intends to say. Indeed, he has responded as he said he would to the Foreign Affairs Select Committee report, and that response has been published this morning for all Members to see. As for the legal advice that the Law Officers give, it can be argued that the convention is there for very good reason. There are essentially two reasons. The first is to enable legal advice to be given to Government in a frank and open way, which is best done when advice is not published; and secondly, of course, the legal advice the Law Officers give is part of the collective responsibility of Cabinet decision-making. Again, there are good reasons for not publishing it on those grounds.