Oral Answers to Questions

Brendan O'Hara Excerpts

Wednesday 23rd June 2021 Commons Chamber

[Mr Jack]

Again, I say that the hon. Lady should be at Cabinet Office questions asking the Chancellor of the Duchy of Lancaster to answer for his Department. Again, I have spoken to the Cabinet Office about this. It does not engage in political polling, and it is very clear about that.

[Brendan O’Hara (Argyll and Bute) (SNP)]

It seems to me that this Government’s plan to strengthen the Union is to first sell out the fishing industry and then betray Scotland’s farmers. Can the Secretary of State explain how the Australia trade deal, which allows the UK market to be flooded with thousands of tonnes of cheap, factory- farmed, inferior-quality beef and lamb, is the golden opportunity the Prime Minister promised? How will it help Scottish farmers’ business?

[Mr Jack]

The SNP has never found a trade deal that it likes.

[Brendan O’Hara]

Answer the question!

[Mr Jack]

I am going to answer the question very clearly. The SNP voted against or abstained on all trade deals in the European Parliament and the one we have just done with the European Union. It is an isolationist party. The reality on the Australia trade deal is that it is upholding animal welfare standards. Under the World Organisation for Animal Health, Australia gets five out of five. We have safeguards in place to stop the market being flooded with beef or any collapse in price. We are very clear that we will protect our farmers, and this leads us into the comprehensive and progressive agreement for trans-Pacific partnership, worth £9 trillion. That will be a huge win for our farmers, and all the members of the farming community I have spoken to understand that. The SNP should see the big picture and understand that we are not going to reduce our animal welfare standards, that we are not going to flood the market, and that it will be seen very clearly in a few years’ time to have cried wolf.

Oral Answers to Questions

Brendan O'Hara Excerpts

Wednesday 8th May 2019 Commons Chamber

[Mhairi Black (Paisley and Renfrewshire South) (SNP)]

9. What recent discussions his Department has had with the Scottish Government on the potential effect on the devolution settlement of the UK leaving the EU.

[Brendan O’Hara (Argyll and Bute) (SNP)]

10. What recent discussions his Department has had with the Scottish Government on the potential effect on the devolution settlement of the UK leaving the EU.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

11. What recent discussions his Department has had with the Scottish Government on the potential effect on the devolution settlement of the UK leaving the EU.

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[David Mundell]

To give the hon. Lady some context, David Cameron made it very clear in 2013 that there would be an EU referendum. The SNP and the former First Minister’s assertion was that Scotland would automatically stay in the EU if it became independent. That was not correct. The question for those advocating a yes in 2014, as it is now, is how an independent Scotland would become a member of the EU.

[Brendan O’Hara]

Many of us in Argyll and Bute have been trying for a long time to pin down the Secretary of State on this question. Will he now take the opportunity to spell out exactly what he believes the economic benefits will be, specifically for my Argyll and Bute constituency, of ending freedom of movement?

[David Mundell]

We are engaged in a year-long consultation on the immigration White Paper. I am happy, as part of that consultation and engagement, to come to Argyll and Bute, just as the Home Secretary went to Aberdeenshire last week, to hear what businesses and people there have to say.

Sewel Convention

Brendan O'Hara Excerpts

Monday 18th June 2018 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

I rise as one of those law-abiding, taxpaying Scots that the hon. Member for Gordon (Colin Clark) so clearly has such disdain for.

Regardless of what Government Members would have us believe, it is now clear to everyone that, following last week’s unprecedented power grab on the Scottish Parliament and its powers, the Conservative party and this Government have finally abandoned any pretence of having even the remotest commitment to devolution. That a power grab of this scale can be enacted by one Parliament over another demonstrates once and for all that the Tories have not the slightest interest in respecting the fundamental principles of devolution.

The contemptuous way in which Scottish democracy was dismissed by this place last week, with a 15-minute lecture from the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, the right hon. Member for Aylesbury (Mr Lidington), was simply further proof that Scotland has no future in this United Kingdom and that the sooner we are free from it, the better. The Tories’ disgraceful disdain for the will of the Scottish people as expressed by the democratically elected Members of the Scottish Parliament shows the Tories in their true colours—anti-democratic, narrow-minded, backward-looking and insular. Let us never forget that these are people who, as devout British nationalists, were vehemently opposed to the creation of a Scottish Parliament from the outset.

For a century or more, the official Conservative party position was to oppose even the slightest devolution of political power from London to Scotland. Only when confronted with the inevitable, and in the face of overwhelming public opinion, did the Conservatives—publicly, at least—embrace the idea of a devolved Parliament in Edinburgh. They may have changed their tune but, like the leopard, they have not changed their spots, so it should not come as a surprise to anyone that, at the first opportunity, they are using Brexit as an excuse to roll back on the devolution settlement—a settlement that they never believed in—to try to claw back to London as many of the powers and competencies of the Scottish Parliament as possible.

Last week, the Secretary of State made the excuse of these not being “normal times”, as if these circumstances somehow justified him carrying out this power grab. What he of course failed to mention was that the UK Government’s own lawyers, when they recently went to the Supreme Court, said:

“Whether circumstances are ‘normal’ is a quintessential matter of political judgment for the Westminster Parliament.”

There we have it. The UK Government will decide what is and is not normal. They alone will decide what powers the Scottish Parliament has and what powers will be restricted for up to seven years, without that Parliament’s consent. Is there anyone so naive that they really believe that, having grabbed those powers for themselves, the UK Government will return them to Scotland after seven years? Not a chance.

No one should be in any doubt what is at stake here. Once the precedent is established that Westminster can overrule a majority vote in the Scottish Parliament whenever there is disagreement, a standard will have been set and the ground rules will have been established. It is my genuine fear that if we allow this to happen, it will be used by the Tories as a pretext to seize powers again and again and again, whenever it suits them. As my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) said, this is not about the SNP versus the Tory Government, because the SNP, the Labour party, the Greens and the Liberal Democrats in the Scottish Parliament all recognised that what the Tories were planning was nothing less than a power grab—an outrageous attack on the democratically elected Parliament of Scotland. Let me be clear: this is Scotland against the Tories. If that does nothing else, it should send a message to Downing Street and Dover House that their Tory power grab on our Parliament will not be tolerated by the people of Scotland.

Let no one in in this House be in any doubt that the people of Scotland are furious at what is taking place. We have heard much about how these 87 powers are to be returned directly to Holyrood, and only 24 are to be appropriated by Westminster. To me, that is akin to a burglar being caught breaking into someone’s house and defending himself by saying, “You should be grateful that I only nicked your telly.” It is an absolute nonsense of an argument. A power grab is a power grab is a power grab, whether it is one power, 24 or 111. The precedent will have been set, and that is why it has to be opposed. The theft of just one of Scotland’s powers is one too many.

European Union (Withdrawal) Bill: Sewel Convention

Brendan O'Hara Excerpts

Thursday 14th June 2018 Commons Chamber

[David Mundell]

I hope that in my statement I clarified the constitutional position on the Bill. I would advise the hon. Gentleman that the EU White Paper he refers to will be published in July.

[Brendan O'Hara (Argyll and Bute) (SNP)]

This week, the Secretary of State’s Government abandoned any pretence of a commitment to devolution. By refusing to recognise and respect the sovereign will of the Scottish people and the will of the Scottish Parliament, his Government decreed that only he will control the powers of the Scottish Parliament, it can have only what he says it can have and it will be this place that will decide. Yet just last week, his Tory colleague the hon. Member for Shipley (Philip Davies) said:

“if we allow devolved areas only to make decisions with which the Westminster Parliament agrees, there is not much point any more in any form of devolution”.—[Official Report, 7 June 2018; Vol. 642, c. 458.]

Was he right to say that?

[David Mundell]

Again, the question is based on a premise that does not accept the current constitutional arrangement. I respect the fact that the current questioner and the likely remaining questioners will all have that position. They are entitled to it; they are entitled to argue for independence for Scotland. But they are not entitled to misconstrue the current constitutional arrangements within the UK. The Government have operated entirely within the Sewel convention in the actions they have taken. I want to see the devolved Parliaments doing thing differently—doing the things in Scotland that are right for Scotland. What disappoints me is how little time the Scottish Parliament, at the behest of the Scottish Government, actually spends legislating for Scotland and bringing forward different and new arrangements that would be specific to Scotland’s needs.

Referendum on Scottish Independence

Brendan O'Hara Excerpts

Monday 13th November 2017 Westminster Hall

[Douglas Ross (Moray) (Con)]

Thank you very much, Mr Bailey. It is a pleasure to serve under your chairmanship. I say not as a point of order but perhaps to put it on the record that I am extremely disappointed that in 26 minutes the hon. Member for Linlithgow and East Falkirk (Martyn Day), speaking on behalf of the Petitions Committee and looking at two petitions, spent most of that time on the petition for a second independence referendum, which was supported by 38,000 people, and almost ignored the 221,000 people who supported the petition against a second independence referendum. I hope that after the debate the Petitions Committee will reflect on who it nominates to speak in such debates to ensure that petitions discussed together get equal merit.

In Moray in 2014, as in many parts of Scotland, people were engaged and encouraged to get involved in the independence referendum, but they did so in the clear knowledge that it was a once-in-a-generation event—a once-in-a-lifetime event. Indeed, as I said in my intervention, both the current leader and previous leader of the Scottish National party said there would be one opportunity—one opportunity for people to say whether they supported independence or opposed the separation plans of the SNP. In Moray, there was a 58% vote saying “No, thanks” to independence. I was proud to be part of the campaign, but I was immediately disappointed by the SNP’s continued campaigning, and its continuing with the separation narrative despite the conclusive result of the 2014 referendum.

Because of that, the party that apparently governed Scotland was so obsessed with separation and independence that it took its eye off the ball in doing the day job. The SNP has had a continued central belt bias in the Scottish Parliament, moving towards centralising a number of issues. For example, Police Scotland is currently without a chief constable. The Scottish Police Authority has been without a chairman since June, and now they want to integrate the British Transport Police into Police Scotland. Already the organisation of Police Scotland is under significant strain, yet the SNP wants to centralise further.

[Brendan O'Hara (Argyll and Bute) (SNP)]

Could the hon. Gentleman expand on the idea of central belt bias? Argyll and Bute takes in everything from Campbeltown to Tiree, and we have an SNP MP, and an SNP MSP. If there is such central belt bias, why does rural Scotland vote SNP in the west?

[Douglas Ross]

It certainly does not vote SNP in the north-east, where I overturned an SNP majority of more than 9,000 to gain a Scottish Conservative majority of 4,000.

--- Later in debate ---

[Brendan O'Hara]

I don’t think you will enjoy reading this one back.

[Bill Grant]

It is there to be seen. I am sorry if the hon. Gentleman cannot see the comparison I am making, but it is clear.

Given that we are going through the process of Brexit, we would do well to be a cohesive United Kingdom instead of sniping from the wings, which is constantly done by the SNP. One of the phrases coined during the referendum was, “Proud to be Scots. Delighted to be united”. It is as sound today as it was then. That sums up patriotism in Scotland, which is about the land of our birth or our adopted homeland and being a constituent part of a larger entity—namely, the United Kingdom. That is what we voted for, and that is what we have achieved. We have only just commemorated the tragic loss of lives in various wars where military personnel from all over the United Kingdom and beyond came together to fight for a common goal of peace, with the aspiration that we would live harmoniously together in the future. I will not let them down.

The SNP Government in Scotland are not the Government of yes; they are actually the Government of no. They say no to nuclear power and a nuclear deterrent, but they will hide behind the NATO shield. They say no to fracking, but they will import to the INEOS site in Grangemouth. They say no to child chastisement. They say no to parenting, because they will do it through the named person scheme. They say no to school progress—Scotland comes in at number 27 in the PISA league, behind Lithuania. They have no chief constable and no chair of the Scottish Police Authority. There is no success for Police Scotland or for my former occupation, the fire service, with fire stations closing. They say no to lower taxes.

--- Later in debate ---

[Mr Jack]

Yes, I do agree—[Laughter]—as hon. Members will not be surprised to hear.

Before becoming a Member of Parliament, I spent 30 years working in business, and I can tell hon. Members from my own experience and from speaking to many businessmen and women across Scotland that the business community will not thank anyone if Scotland is dragged into another divisive referendum, creating uncertainty. That would be calamitous.

Much of my argument today is about uncertainty for businesses wanting to decide on their capital expenditure projects, on resourcing themselves and on their future investment. All that is very difficult when people are wondering all the time whether we are going to be doing the extraordinary thing of heading into another independence referendum that would lead to so-called independence within Europe. We cannot be independent within Europe. I would argue that this is not about Brexit. It is not in any way a route that Scottish business should go down, outside the United Kingdom, on the basis that we do four times more trade with our United Kingdom partners than we do with our EU partners.

I say to the SNP that the legal, fair and decisive referendum was held on 18 September 2014. Polling day was preceded by two years of debate and discourse, and the people of Scotland then rejected independence. The question has been decided. To quote the former First Minister, although I will not do so in Russian, that vote, as has been said many times in this debate, was a once in a generation, once in a lifetime opportunity.

[Brendan O’Hara]

In the spirit of “Better Together”, which is very much in evidence this afternoon, does the hon. Gentleman agree with the former Labour Lord Provost of Glasgow, Dr Michael Kelly, who just last week confirmed his belief that Scotland has to wait until every single person who voted in the 2014 referendum has died before it should get another referendum?

Scotland Bill

Brendan O'Hara Excerpts

Monday 6th July 2015 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

It is worth noting early in the debate that so far we have had 100% participation of male speakers. However, the Labour party also has 100% male representation in the Chamber, and I thank the hon. Member for Edinburgh South (Ian Murray) for raising the topic of equality. Before I address the amendments in detail, it is worth noting that the Committee has not agreed to a single proposal that the Scottish National party has tabled to the Scotland Bill. I need not remind anyone that the SNP won all but three seats in Scotland only a few weeks ago. The Scottish people gave the SNP a mandate to speak on their behalf, and this Parliament should take account of that.

Amendment 134 delivers a more explicit reference to the devolution of competence over gender quotas in respect of public bodies in Scotland, but ensures that it is “not limited to” gender quotas, as agreed in the Smith commission report. Amendment 162 creates an exception to the reservation that will clearly cover gender quotas in respect of public bodies in Scotland. One of the most frequent questions that this Government ask is, “What would you do with the new powers proposed, and why do you want additional ones?” The answer is simple: in terms of equalities the Bill does not go far enough. If the amendments are accepted, the Scottish Government could go much further.

The SNP manifesto contained an extensive range of proposals to reduce gender inequality. Scotland’s First Minister, Nicola Sturgeon, has signalled clearly the need for a more equal representation of men and women in public life, and she has led by example. The Scottish Cabinet is one of only three Cabinets in the developed world to have an equal number of men and women—something that has yet to be replicated by the Conservative or Labour parties.

If these amendments are accepted, the Scottish Government will take action and introduce proposals to ensure 50% female representation on public boards, and press for the same to happen across the United Kingdom. They will encourage this Government to work with the private sector to increase the number of women represented at the most senior levels in major companies. They have called for early action on equal pay audits for larger companies, ensuring that women get the salaries they are entitled to. They have called for regulations to compel employers of more than 250 people to publish annual gender pay gap information, starting in 2016-17.

[Brendan O'Hara (Argyll and Bute) (SNP)]

Does my hon. Friend share my dismay at Scottish Labour’s record in local government on equal pay, which is nothing short of appalling? Will she join me in urging Glasgow City Council to settle its 5,000-plus outstanding claims as quickly as possible?

[Angela Crawley]

I thank my hon. Friend for that intervention—South Lanarkshire, North Lanarkshire and Glasgow councils are in much the same situation, with a Labour administration that has failed to take action on equal pay. There are still a number of outstanding claims.

The Scottish Government will introduce an equal pay Bill to deliver equal pay law that works for women in Scotland. They would consult on how new regulations or structures can be created by the Bill to expedite the equal pay claims process, and ensure that settlements are enforced quickly—something that Labour administrations in Scotland have failed to do. They will seek to maintain the protections provided by the Equality Act 2010, and will ask the Government to engage with key stakeholders on potential improvements. They will support calls to establish a race committee to advise the work of the Equality and Human Rights Commission.

I welcome new clauses 56 and 66 on devolving abortion laws to the Scottish Parliament—we welcome powers for Scotland. I hasten to remind Members that I will focus on the substantive subject of who has the power to make laws, rather than on the views of individual Members on this matter. The SNP remains absolutely clear: the Scottish Government have no plans to change the legislation, but we will support and welcome the devolution of further powers to the Scottish Parliament under the Bill.

Together with our colleagues in the Scottish Government we will demand that section 78 of the Equalities Act 2010 is commenced. Under the Bill, however, it remains reserved, and to see real change we need to go further. The amendments have been tabled for a simple reason: it is unacceptable that 45 years after the Equal Pay Act 1970, the gender pay gap remains. Urgent action needs to be taken, and the Scottish Government have proven that where they have power, they take action. They have extended childcare provision and made it more flexible. They have funded campaigns to promote family-friendly working in Scotland, including an investment of £100,000 in the working families initiative that supports a range of activities to promote flexible working. They have ensured that public authorities with more than 150 employees publish their gender pay gap, and they have provided continued support for CareerWISE, which encourages girls and young women to consider careers in science, engineering and technology.

The Office for National Statistics showed that in Scotland the gender pay gap sits at 8.9% for full-time employees compared with 9.4% for the UK and 9.9% for England. On part-time employment, it sits at minus 7.2% in Scotland, compared with minus 5.5% for the UK and minus 5.6% in England. Although the SNP welcomes the fact that Scotland is leading the way on gender equality, we recognise that more has to be done. I therefore support the amendments and new clauses, and urge us to continue discussing these issues. If the Government will not act to reduce inequality, they should not stand in the way of the Scottish Government.

--- Later in debate ---

[Mr Allen]

Those who feel that they are being referred to should take that upon themselves, but surely they would not wish to injure the rest of the Union. Surely that is not a price that anyone would pay. A body that could analyse what happens as Scotland evolves would benefit its near neighbours, and it could be of great use as we continue the discussions on Scottish devolution.

[Brendan O'Hara]

Will the hon. Gentleman reflect on his terminology and on “bitter separatists”? Much of what he said was of great interest to many of us, but the spirit of it was perhaps lost by his use of those words.

[Mr Allen]

I seem to touch a nerve every time I use the word “separatist” to describe those people who wish to separate. [Hon. Members: “ You said ‘bitter.’”] Well, there may be bitter separatists and there may be lovely, generous warm separatists—I am sure there are; perhaps I am looking at many of them now. If people are pursuing a project so enormous that they might get offended at the word “separatist”—[Hon. Members: “You said ‘bitter!’”] Oh bitter—forgive me. In that case, so as to carry on in the right spirit I withdraw the word “bitter”. People of all temperaments who are separatists may wish to consider how they make their case, and they should not be too worried if someone refers to people who, for genuine reasons want to separate from the other countries in the Union, as “separatists”. That word has had a good outing now—hopefully, separatism and separatists will not cause such a problem now we have burst that bubble.