Scottish Independence and the Scottish Economy

Christine Jardine Excerpts
Wednesday 2nd November 2022

(1 year, 6 months ago)

Commons Chamber
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Ian Blackford Portrait Ian Blackford
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My goodness, Mr Speaker, I hate to point out to the hon. Gentleman that 62% of those who voted in Scotland voted to stay in the European Union. I am proud to say that my right hon. and hon. Friends and I were up and down Scotland during the Brexit campaign, leading the people of Scotland and making the case for Scotland to stay in Europe.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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On that point, will the leader of the SNP please explain to us why his party spent less on the EU referendum than on a Scottish parliamentary by-election on Shetland?

Ian Blackford Portrait Ian Blackford
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This would be funny if it was not so tragic. It used to be the case—[Interruption.] We have many hours of debate, and if Labour and Liberal Democrat Members calm down, I am sure that they will get the opportunity to speak. Maybe I should point out to the hon. Lady that the Liberal Democrats used to proclaim staying in Europe—

Christine Jardine Portrait Christine Jardine
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And still do.

Ian Blackford Portrait Ian Blackford
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No, you don’t. If the Liberal Democrats wanted to stay in Europe, as the hon. Lady suggests, they would have that in their manifesto. The Labour party and the Liberal Democrats have run away from Europe, just as they have run away from their responsibilities to the people of Scotland.

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Pete Wishart Portrait Pete Wishart
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It was going so well. I had the Conservatives agree to this and I think I had the Labour party agree to it, but the Liberals just could not bring themselves to agree with the proposition that an independent Scotland would be a successful, independent nation.

Pete Wishart Portrait Pete Wishart
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I think we have heard from the Liberals. I will come back to the hon. Lady, because I have other assertions to make. I think we have now all agreed, other than the Liberal Democrats, to that one, so let us try another.

I am going to speak about all our resources. Let us include a good proportion of nearly all of Europe’s oil and gas reserves; the greatest potential for renewable energy that exists in Europe; vast fisheries; and a water supply that is the envy of the world. With all of that, Scotland has what it takes to be an independent country. Can we all agree to that?

Pete Wishart Portrait Pete Wishart
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Let us see whether the hon. Lady will agree that Scotland has what it takes to be an independent country.

Christine Jardine Portrait Christine Jardine
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May I point out that the hon. Gentleman misinterprets what all of us think? None of us has ever said that Scotland could not be independent, but the people of Scotland, when given the choice, voted no, because they feel that their future is better within the United Kingdom.

Pete Wishart Portrait Pete Wishart
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That is a little more encouraging, because I think we are moving towards the assertion that Scotland would be a successful country and it has more than what it takes to be one. Throwing this theme a wee bit further on, we could even suggest that Scotland is perhaps the best resourced country that has ever considered becoming independent. I think that is pretty incontrovertible. No country is better endowed to be an independent nation. When we look around Scotland, whether at our oil and gas reserves, our fisheries or our potential renewable energy, we see that no country is better prepared for this than Scotland. Can we agree to that?

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Pete Wishart Portrait Pete Wishart
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I will come to the hon. Gentleman’s other points, which are important, but I am keen to say this: I wanted to find agreement across the House. I thought I was making a bit of progress, but it is disappearing a little. I will try once again, to see whether I can do it.

All I want is for everybody to agree that the only way for Scotland to be a member of the European Union is by becoming independent. We know that because all the other parties are parties of Brexit now—they all want to make Brexit work. I do not know how they will do that. I do not even know whether it is possible to make Brexit work; it is almost designed not to work. It is not any sort of economic strategy but an ideological mission. But they want to make it work, so we are left in a situation where the only way—I do not see how this can be uncontroversial—to make Scotland a member of the European Union is for it to be an independent nation. We know that the Scottish people want that because that is what they voted for. We are talking about democracy: the overwhelming majority of Scottish people voted to remain in the European Union, and every single poll since then has shown that they want to rejoin the European Union.

Christine Jardine Portrait Christine Jardine
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Will the hon. Gentleman give way?

Pete Wishart Portrait Pete Wishart
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No; I have given way to the hon. Lady before.

Let us all agree that the only way for Scotland to rejoin the EU is by becoming independent. I will try another one; this one is probably not going to get there, but let us see. The only way for Scotland to get the Governments that it always votes for is as an independent nation.

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Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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I will do my best, Mr Deputy Speaker, and thank you very much for calling me to speak.

This is one Scot who can and will speak but who will not repeat the nonsense we have heard from the SNP Benches this evening. When I saw the motion I, like my hon. Friend the Member for Edinburgh South (Ian Murray), was pleased. I thought that, at last, we were going to talk about the economic damage that has been done to our country—by which I mean the United Kingdom—by the Conservative Government. At last, we were going to talk about the damage done by their financial event, or whatever we want to call it, last month, about the need for the triple lock, and about the damage that has been done to our economy and the mismanagement throughout the pandemic. That is what my constituents in Edinburgh West talk to me about when I go to their doorsteps. They want a change. They want a different Government. They want a different approach. What they do not want, and what they regularly tell me they are fed up hearing about, is independence. That is why, like my hon. Friend the Member for Edinburgh South, I am disappointed that yet again this obsession is being brought up in the House.

Regardless of what might be claimed, the Scottish National party does not speak for the people of Scotland. The Scottish National party does not even speak for the majority of the people of Scotland. At the last count for Westminster, the hon. Members on the SNP Benches spoke for 45% of the people of Scotland, which means that those of us elsewhere in this House speak for the majority of the people in Scotland. The majority of the people in Scotland want the Government, both Governments in fact, to focus on—[Interruption.] I listened to the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), so if he does not mind. The people of Scotland want both of their Governments to focus on the problems they are facing, including the energy prices we all face this winter and the cost of living, which is forcing families to choose between feeding their children and heating their homes. And they tell me that they want the First Minister of Scotland to drop the independence obsession and focus on the problems they face now.

Another issue that has been raised with me recently on the doorstep in Edinburgh is Europe and Brexit, and the SNP claim that the people of Scotland were dragged out of Europe against their will. One of my constituents said to me angrily a few weeks ago, “Can you please tell the Scottish National party to stop appropriating my vote? I did not vote for Scotland to be in the European Union; I voted for the United Kingdom to be in the European Union and I voted to stay in the United Kingdom.” I believe in the free will of the people of Scotland and I believe in the settled will of the people of Scotland. I worked for a Scottish Parliament, unlike the Scottish National party until the very last minute. I believe that the people of Scotland have free will and I believe that they exercised it in 2014 when they voted to stay in the United Kingdom.

The second half of the motion talks about the economic plans for Scotland and the Scottish Government’s independence papers series. I am well aware that if I now start to criticise those papers and talk about their flaws, I will be accused of speaking on behalf of Project Fear. [Interruption.] That is why I am going to quote some independent assessments. David Phillips, of the Institute for Fiscal Studies, said that the Scottish Government’s new paper on post-independence economic plans

“skirts around what achieving sustainability would likely require in the first decade of an independent Scotland: bigger tax rises or spending cuts that the UK government will have to pursue.”

Richard Murphy, professor of accounting practice at Sheffield University Management School, said:

“I think this paper lays out a policy that would be disastrous for Scotland.”

Robin McAlpine has been mentioned, and rather than use unparliamentary language I will not use his full quote, except to say that he does not really have any solutions for the border. Writing in The Scotsman, economist John McLaren concluded that

“the report is incoherent as it refuses to acknowledge exceptional circumstances and necessary trade-offs.”

The problem that a great many of us in Scotland have is that we believe that the United Kingdom is not perfect. It needs reform. We need to move forward to a more federal system. What we do not need to do is break it up, particularly at a time of economic crisis and hardship for our people, which would only be made worse by some wanting to pursue an ideological obsession that is not in the best interests of the majority of the people of Scotland.

I will make one last point. A Labour Member—the hon. Member for Wythenshawe and Sale East (Mike Kane)—was ridiculed for using the example of Orkney. I point out to hon. Members that, during the last independence referendum, there was a saying, “It’s Shetland’s oil”. Orkney and Shetland have never voted for the SNP at Holyrood, and for more than 70 years they have voted for Liberal Democrats at Westminster. The people of Scotland are a diverse, wonderful body who have many different voices, which they do not want to be silenced by SNP Members in the way that they constantly try to do. So please have respect for the many voices, listen to the people of Scotland when they say, “It’s the economy, stupid”, and focus on that.

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Richard Thomson Portrait Richard Thomson (Gordon) (SNP)
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I start out in this debate on Scottish independence and the Scottish economy from the fundamental and irreducible point of principle that the best people to govern Scotland are those who have chosen to make their lives there.

I first started taking an interest in politics growing up in the late 1980s and early 1990s, and that was quite a heady political time. It was before there was a Scottish Parliament of any kind. We were seeing the deindustrialisation process at the end of the Thatcherite economic experiment and the ramifications of the poll tax. It was the end of the cold war and the collapse of the iron curtain, with historic realignments as old nations emerged from the stifling power politics of the cold war. Of course, closer to home we had a debate about Scottish self-governance—not just about whether there should be a Scottish Parliament, but about how much power that Parliament should have and, indeed, whether it should be an independent Parliament.

In my particular journey to supporting independence for Scotland, I remember vividly a debate that took place in early 1992 in the Usher Hall in Edinburgh, where the four leaders of the Scottish parties at that time clashed with each other in a major public debate sponsored by The Scotsman newspaper. In the aftermath of that clash of visions, Scotland returned 12 Conservative MPs in the general election later that year, in contrast to the 60 non-Conservative MPs, yet still we had a Conservative Government running us with a Secretary of State and his team of Ministers coming under parliamentary scrutiny once every four weeks for half an hour ahead of Prime Minister’s Question Time, which seemed to me to be thoroughly unsatisfactory. Looking back to those times, I have a pet theory that if only we could get every single adult Scot of voting age to come down here, sit in the Public Gallery and watch Scottish questions followed by Prime Minister’s Question Time, we would not be having another referendum with a 55% vote to stay in the UK, but a near unanimous vote to become independent. That formative set of experiences and references led me to conclude, as Jim Sillars subsequently described it, that Scottish independence is simply the constitutional settlement that is superior to all others. I have been an enthusiastic proponent of that point of view ever since, and I am happy to debate it with all comers. Indeed, I am sorry that the hon. Member for Edinburgh West (Christine Jardine) is no longer in her seat, as I have happy memories of debating against her in Victoria Hall in Ellon ahead of the 2014 referendum, before either of us were elected. I am not so sure that the hon. Lady has quite such happy memories of the debate that night as I do, but it was nevertheless a robust act of civic political engagement, which was all to the good.

The constitution is not the only political issue that has animated me over that time. I have also been striving for fairness in our economy, for social justice and equality in our society, and to improve and invest in our infrastructure. I have of course been seized of the urgent need to tackle climate change, and embrace the considerable renewable opportunities that we have in Scotland. Unlike others of different political stamps, for me it is impossible to ignore the clear link between the condition of Scotland and its constitution, and how decisions are taken, by whom, and off the back of what mandate. I do not believe it is possible to separate the need to improve the condition of Scotland from the reality that that constitutional status acts as a huge impediment to doing so. No matter how good an idea, or what people vote to endorse in elections, unless it happens to be compatible with prevailing political ideas at Westminster, and the parameters that sets for policy and also budgetary frameworks, it simply does not happen.

That is not to say that good things have not happened in Scotland since devolution. Since 1999, Scotland has been governed by a Lib-Lab coalition, then by an SNP minority and an SNP majority, and it is currently governed by a coalition between the SNP and the Greens. Each Government have taken and are taking Scotland forward in their way, and I have no hesitation in saying that whatever their stamp, each of those Governments helped to put Scotland into a better condition at the end of their period in government than it was in when they took office, despite the lack of tax, borrowing and welfare powers, which restricted the ability of Governments of all kinds to act as they might have wished over that time.

There is a rather partisan argument that gets made, but it is a bit too clever-clever for my liking. It usually comes from elements in the Labour party, and it states that devolution and independence are different constitutional processes, with no common ground possible between the two. I do not think the people of Scotland have ever seen it in such stark terms, because the immediate point of common ground that I have with anyone who wants devolution, is that every power they wish to be exercised from a Scottish Parliament, I want as well. The difference is that I do not believe that devolution can ever satisfactorily address how to resolve the conflict that inevitably arises whenever the choices and interests of people in Scotland do not coincide with choices made elsewhere in the UK, or the priorities that are divined from that by the UK Government of the day.

In his opening remarks the Secretary of State said that we had a referendum in 2014, and indeed we did. I say to him as gently as I can, however, that things have moved on quite a bit since then. I remember speaking in another debate during the 2014 referendum, not in Ellon but as part of a panel for a debate in Peterhead in the constituency of the hon. Member for Banff and Buchan (David Duguid). It was in no less a place than the ballroom of the Palace Hotel, and it was extremely busy—again, I have very happy memories of that night, perhaps happier than those on the no side. I was confronted in my summing up by a familiar argument that an independent Scotland would somehow find itself outside the European Union. It was all part of a trope—by that stage it was pretty familiar—of fears and smears, and that somehow an independent Scotland would find itself on the outside, isolated from all that was good and at the mercy of all that was bad.

It was getting late in the evening, so I decided to dispatch that argument as quickly, as cleanly and as humanely as I could by saying that the only way in which we would be in danger of being outside the European Union in the near future was if people voted no to independence and afterwards the Boris and Nigel show was allowed to take over. Now, I freely admit that, when I said that, I thought that I was using a little exaggeration to make the point as best I could—it was an argument that did not seem to have any basis in political reality. Little could I have imagined that, just over two years later, it had turned into the ghoulish, nightmarish reality.

The fact is, in 2014, the no campaign made a number of bold pledges about how being in the UK was a guarantee of economic stability, that we would be progressing to something as close to federalism as possible over that time and that, of course—this is the real pearler—the only way to guarantee our EU membership was through a no vote, when in fact that was what deprived us of it. Practically every single rhetorical plague of locusts or horsemen of the apocalypse prophesised in that campaign as a result of voting yes has come to pass as part of Brexit Britain, so much so that the entire Better Together prospectus to persuade Scots to vote no has been put through the shredder. It is hardly surprising that support for independence has moved in the direction that it has since then.

The hon. Member for Edinburgh South (Ian Murray) could not have been clearer about where he stands. The Labour party now supports Brexit, and it tells us that it will not reverse it. While he is content to excoriate the record of the Conservatives in office, and rightly so, it seems that he would rather persevere with a political system, which over the course of the last century has seen the Conservatives in power for two years out of every three—a party rejected continually by Scotland at the ballot box—simply for the distant prize that he and his party might hold power for one year in every three. That might be good enough for him, but it is certainly not good enough for me—and increasingly, it is not good enough for people in Scotland.

Why independence? Why not try to reform from within? Labour has made it clear that it has no interest in meaningful reform of our decision making process. It will keep the House of Lords and it wants to keep the voting system, because, as I said, having that untrammelled power one year in every three seems to make everything else worth while.

The Lib Dems talk about moving nearer to federalism. Of course, they have spoken about that since the days of William Ewart Gladstone—[Interruption.] I hear the hon. Member for Edinburgh West say, “Why don’t we do it?” Quite simply, there is no coherent, credible plan for it. Perhaps she could intervene and tell me how the Lib Dems plan to do it. Will there be an English Parliament? Will it be like “Strictly Come Dancing”? BBC regions? How will they do it?

Christine Jardine Portrait Christine Jardine
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Actually, the Campbell commission came up with a report on exactly how it could be done and, to give the Labour party credit, Gordon Brown has now issued his proposals, and Scotland’s Futures is working together. The hon. Member asked how we would do it. We would have assemblies for the other parts of the United Kingdom. The metropolitan Mayors are moving towards a more representative approach. It can be done and, if we had the SNP’s support, perhaps we could do it.

Richard Thomson Portrait Richard Thomson
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That is the trouble—there is no support for it. I am willing to believe that the hon. Lady has not made a single speech or argument or delivered a single leaflet about that in any of the regions in England that she plans to create. I suspect that, were I to go to the south-east, the south-west or any region of England, it would come as an enormous surprise to people to find out that that is being planned.

The Lib Dems were in coalition Government with the Conservatives from 2010. They had a referendum that was supposed to be on proportional representation, but they could not even get a form of proportional representation on to the ballot paper, and now we are being invited to believe that, somehow, just because Gordon Brown says so, we will be able to rewire the entirety of the British constitution in a way that will satisfy aspirations. I do not believe that. It is just another dead end which Scots would be well advised to avoid.

I return to my central point. The best people to run Scotland and to decide how Scotland should be run are those who have chosen to make their lives there. As the UK post-Brexit turns in upon itself and away from its closest neighbours and the alliances that have served it so well since it joined the European Union, Scotland has a choice: to continue to attach itself to that British Brexit decline, or to take its place on the world stage as an independent country with Governments we elect who are limited only by the constraints of our own resources, the limits of our own imaginations, the limits of our own democratic choices, and by constraints set by nowhere else.

Oral Answers to Questions

Christine Jardine Excerpts
Wednesday 2nd February 2022

(2 years, 3 months ago)

Commons Chamber
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Alister Jack Portrait Mr Jack
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Yes, I will meet my hon. Friend. I know that he has six beautiful golf courses in his area, so connectivity would be wonderful for us Scots, because we do enjoy a game of golf.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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With the pandemic leading to more and more people looking to holiday in the UK, what discussions—notwithstanding the comments about the refusal of the Scottish Government—has the Secretary of State endeavoured to have with the Scottish Government about harnessing that new-found demand and supporting important transport hubs such as Edinburgh airport and Haymarket station in my constituency to facilitate improved connectivity?

Alister Jack Portrait Mr Jack
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As the hon. Lady will know, connectivity is important. It is not just about air; it is also about rail and road. We are very keen to improve connectivity because we realise that that leads to economic growth and improves people’s livelihoods. We are engaging with the Scottish Government in a spirit of good will with a view to improving connectivity for all parts of the United Kingdom.

Oral Answers to Questions

Christine Jardine Excerpts
Wednesday 28th April 2021

(3 years ago)

Commons Chamber
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Iain Stewart Portrait Iain Stewart
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I make two points in response to the hon. Gentleman. First, if he looks around the world at where UBI has been trialled—in Finland and Canada, for example—it has not been a success. Indeed, the Finance Minister in Finland has scrapped it and is instead looking at something along the lines of our universal credit system. Secondly, the Scottish Government already have substantial powers over welfare.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD) [V]
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Although I share the determination of the hon. Member for Glasgow East (David Linden) for a universal basic income as the way ahead and his disappointment that it is not being trialled in Scotland, does the Minister share my disappointment that the SNP Government at Holyrood were not able to get their processes in shape in time to adopt the powers over welfare in the Scotland Act 2016 that might have given them more influence over the situation?

Iain Stewart Portrait Iain Stewart
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I certainly agree with the hon. Lady’s point that the Scottish Government still have much to do to unlock the full potential of the powers devolved to them in the Scotland Act 2016. We are committed to working closely with them to allow them to implement those powers. It strikes me that the separatists are always quick to demand more powers or more money to shift the blame away from their failures in office on delivering on the issues that matter to the people of Scotland.

Scottish Independence Referendum

Christine Jardine Excerpts
Monday 22nd March 2021

(3 years, 2 months ago)

Westminster Hall
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Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD) [V]
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It is a pleasure to serve under your chairmanship, Ms Nokes, and to have the opportunity to take part in this debate.

The views of the petition, expressed by the hon. Member for Islwyn (Chris Evans) earlier, reflect many of the frustrations that I hear daily in Scotland, particularly from my constituents in Edinburgh West, which has the third highest number of signatories to the petition that triggered this debate.

What I am about to say is not a party political point, nor a free potshot at the SNP, but an appeal. Everyone in the House is painfully aware of the impact of the pandemic on our economy and on the daily lives of our constituents, small businesses and families. They are struggling and are tired; they want reassurance that their politicians and their Government will put their recovery first.

Surely no reasonable person, at a time when the country is going through the biggest crisis of this—or any other—generation, can think that we should be focused on anything else. Surely no reasonable politician would say to people, “We know you’re worried about your job and your family’s future, and we know it’s going to be an expensive business to rebuild. First, however we’d like you to take the time and the money to talk about a constitutional question you have already answered.”

I believe that the people of Scotland have answered that question more than once. At the most recent general election, only 45% of the electorate voted for the Scottish National party, whose very raison d’être is separation, and which takes every available moment in the Chamber, every speaking opportunity here, every soundbite or quote in the Scottish media, to talk about how independence would be the solution to every imaginable problem.

The SNP gained precisely the same proportion as voted for separatism in the referendum in 2014. It seems happy, in doing that, to put aside education, health and the economy to argue for independence. It is clear that the majority of the people in Scotland have other priorities than that argument. They do not want to talk about independence.

I share the priorities of the majority of the people of Scotland. I am tired of the SNP’s failure to listen to the people of Scotland and their constant claims about what an independent Scotland would have done. How does the hon. Member for Ochil and South Perthshire (John Nicolson) know what an independent Scotland would have done? Perhaps he has a crystal ball that we are not privy to. None of us knows. I am tired of these myths and wild, baseless statements, and I am grateful to the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) for putting the record straight. I am tired of the SNP’s blame and grievance strategy, which is at its worst at a time when we need our politicians and our Governments to pull together to steer us out of a crisis.

I mentioned at the beginning of my speech that Edinburgh had the third highest number of signatories to the petition. The two seats above it in Scotland are both held by the Scottish National party. Perhaps the SNP would do well to ponder that and think that perhaps the time has come when the people of Scotland want it to put its endless grievances aside, think about the people of Scotland and put their recovery first.

Oral Answers to Questions

Christine Jardine Excerpts
Wednesday 27th January 2021

(3 years, 3 months ago)

Commons Chamber
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Boris Johnson Portrait The Prime Minister
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Yes, indeed. I thank my hon. Friend for what she is doing to campaign for such an excellent charity and, indeed, for her constituent David. I can tell her that the Department of Health is working with Tessa Jowell’s Brain Cancer Mission, announcing £40 million over five years on brain tumours of the type that she describes. I would encourage my hon. Friend to continue the excellent work that she is doing in this area.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD) [V]
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Can I associate myself and the Liberal Democrats with the Prime Minister’s comments on the holocaust?A year ago next week, in a speech at Greenwich, the Prime Minister said that it was “high time” that the US“cut their punitive tariffs on Scotch whisky.”Since then, the industry has lost half a billion pounds in exports to the US, and the Government have failed to reach a deal to have the 25% tariff on single malt removed. So will the Prime Minister commit to working urgently with the Department for Business, Energy and Industrial Strategy to comply with the World Trade Organisation rules that led to the issue, and can he promise that in the Budget his Government will take steps to support this vital industry and employer?

Boris Johnson Portrait The Prime Minister
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I do not want to anticipate the Budget, but I know that my right hon. Friend the Chancellor habitually does things to support fantastic industries such as Scotch whisky. But one of the reasons for leaving the EU is that we will be able to do a free trade deal with the US and to obviate tariffs of the kind that the hon. Member describes, which would be there in perpetuity if the Scottish nationalist party were to get its way and to take Scotland back into the EU.

Constitutional Law

Christine Jardine Excerpts
Tuesday 19th May 2020

(4 years ago)

Commons Chamber
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Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD) [V]
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It is delightful to take part in this debate on something that, as has already been alluded to, may not appear as important or groundbreaking as some of the legislation we discuss but is vital to the everyday lives of our constituents. Let me take the opportunity to welcome back to the Front Bench the hon. Member for Edinburgh South (Ian Murray) and associate myself with his remarks about Scottish football—although perhaps the less said about the most recent decisions, the better for us all.

It is also an honour to follow the hon. Member for East Lothian (Kenny MacAskill), who, as he said, introduced the Victims and Witnesses (Scotland) Bill to the Scottish Parliament. I, together with my Liberal Democrat colleagues, welcome the opportunity to enable the Act to be fully enacted through this order. It was fascinating to hear the hon. Gentleman’s account of the genesis of the Bill, which is now coming to fruition no less than seven years after he introduced it at Holyrood.

None of us dispute that, currently, Police Scotland, in common with police and other emergency services up and down this country, is working in extremely challenging circumstances. It has to balance its daily responsibilities of maintaining order with its extended role of protecting the public in the context of the pandemic. Police Scotland deftly responds to its emergency powers and protects the public by ensuring that we observe lockdown and social distancing, but, as the Minister mentioned, that has come at a price, with no fewer than 100 direct coronavirus-related attacks on our police service.

Until recently, safe working was something which many of us were lucky enough to be able to take for granted. But the police service as a profession never can, and its daily routine is not without significant risk of abuse or assault. In fact, over the past five years in Scotland, while we have been coming to this point with the Bill, there has been a gradual but sustained increase in the number of reported assaults on police officers. More than 3,000 police officers were assaulted—that is an average of almost 20 a day— between March and September last year. To assault a police office is of course already a crime under Scots law, but, as we have heard, this legislation allows for restitution orders to finally be brought forward into law. For those convicted of impeding or assaulting a police officer, a court will be able to impose this new financial penalty. This significant step ensures that police officers who are victims of crime receive support for their individual needs so that they continue their duty serving and protecting the public. It is perhaps fitting that this week is Mental Health Awareness Week as many victims of crime—police officers and others—suffer mental health issues as a consequence.

Victims of crime engage with support services whose funding will come as a direct result of restitution orders, something whose day has finally arrived in Parliament. That perhaps brings me to a slight difference of opinion with colleagues I am following in this debate. Like many others, I am extremely disappointed that it has taken so long for this legislation to reach this point—the length of delay by the Scottish Government in what was a flagship policy for the SNP. It went through the parliamentary process as the Victims and Witnesses (Scotland) Bill in 2013 and was given Royal Assent in 2014.

Police restitution orders which require this change were a vital part of that legislation, and just in case there is any doubt, this delay has not been in any way, shape or form the fault of the UK Government or Parliament. It is, however, reassuring that we can, at this final stage of the Bill, work together to make sure that our police officers in Scotland receive the restitution they deserve. I hope that none of us will use this as a political opportunity either to bash or to congratulate the Scottish Government. It is simply a fact that we have now come—finally—to the point where restitution orders can be put in place. I will take great pleasure in supporting this order.

Migration and Scotland

Christine Jardine Excerpts
Tuesday 11th February 2020

(4 years, 3 months ago)

Commons Chamber
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Stephen Flynn Portrait Stephen Flynn (Aberdeen South) (SNP)
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It is a pleasure to speak in this debate, because it is an incredibly important one. Indeed, this is one of the defining issues of Scotland’s future, and I do not say that lightly. The hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie) reflected upon one reason why this is such a huge issue for Scotland. For want of a better phrase, we face a demographic time bomb. We are fortunate that we have so many older folk who are living longer, but our working-age population is decreasing. There are two obvious solutions to that. The first solution is for people to have more babies—lots of them, and very soon. Obviously nobody can control that, but we do have control in relation to immigration.

We currently face a UK Government who have nothing but hostility towards migrants coming into this country. The hon. Member for North Dorset (Simon Hoare) said that we should wait and see, and that

“there is nothing to worry about.”

From my position, there is a lot to worry about. If he listened to the remarks of my hon. Friend the Member for Glasgow Central (Alison Thewliss) or the hon. Member for North East Fife (Wendy Chamberlain), he will know that the record of this Government when it comes to migration is utterly appalling. The manner in which people have been treated is disgusting. I am sorry if I am not willing to accept that things are going to get better just because the Conservatives say they will, but I simply do not believe that—the evidence says the complete opposite.

We have heard from No. 10 and No. 11 that the Government are seeking an Australian-style points system. But as my colleagues have pointed out this evening, the Australian system, however we look at it, allows for regional visas, and it does so to ensure that the system meets the needs of all the different areas of that country.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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Is the hon. Member aware that the evidence given to the Scottish Affairs Committee in the last Parliament was that there is room within current UK legislation and the Home Office to differentiate visas for different parts of the country, so regional visas are actually available in this country?

Stephen Flynn Portrait Stephen Flynn
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I thank the hon. Member for her contribution, but the UK Government should put in place processes that ensure that regionality exists. When I asked the Minister only yesterday whether he would look at that—Australia is discussed in glowing terms, and the Government fawns over it—his answer was no. When my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) asked a similar question in relation to Canada, exactly the same answer was forthcoming—no. Australia, as I have said, is the beacon that we need to look at, but when it comes to looking at the entire system in Australia we seem to be awfully selective about where we want to go.

The justification offered by Government Members, as we heard earlier, is the artificial, mythical concept of creating a border on this island but, as we have rightly heard from my colleagues, Ireland manages to get on just fine. Indeed, Conservative Members will be aware that their Government are working incredibly hard to make sure that there is frictionless movement on the island of Ireland, and rightly so. Why is it good enough for Ireland, but it cannot be achieved in this country? Why does there need to be a border on these isles? I respectfully suggest that the only people who are interested in borders in that regard are Government Members. What we have proposed, and what the Scottish Government are seeking to discuss, is a regional visa that is frictionless and allows Scotland to benefit. That is something of which we should all be incredibly supportive.

With your indulgence, Mr Deputy Speaker, I would like to reflect on further concerns about what the Government are seeking to do. We heard from one Government Member that the threshold might no longer be £30,000 a year and that the salary limit might be reduced to £25,000. I do not know about Government Members, but £25,000 is still beyond the reach of many individuals living and working in Scotland, whether they work in the NHS, the care sector, our hospitality sector, our agriculture sector or, indeed, our fish-processing sector.

What is being proposed is simply not viable for Scotland’s needs, which is ultimately the crux of our debate. I would like to pick up the point about the hospitality sector. On Monday afternoon, I think, there was a debate in Westminster Hall about beer taxation and duty. There were more Government Members present for that debate than there are for this one. They chastised their Government for the fact that beer duty is too high. They wanted it to come down to keep local pubs open. There is consensus that reform is needed, but in Scotland, 11.5% of our hospitality workers are non-British nationals. There may well be a situation where we have cheaper pints, but ultimately there will nae be the folk there to serve them. In Scotland, the self-service mechanism might be something that goes down a treat but, in all seriousness, that is the reality of the situation that is facing us. The Press and Journal, the local newspaper in my part of the world, reported last year that there was a local facility—The Tippling House, a wonderful place—where 60% of staff were non-British nationals. Without knowing the detail, I respectfully suggest that few, if any, of them will reach the thresholds promoted by the Government.

What will become of such establishments? What will become of the hospitality sector in Scotland as a whole? Indeed, what will become of the public sector, including Aberdeen City Council? I am still a member of the council.

Christine Jardine Portrait Christine Jardine
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I am fascinated by the very good point that the hon. Member is making. In my constituency and in Edinburgh as a whole, 50% of the hospitality workforce comes from other parts of the European Union. As a member of the Scottish National party, he will have valued freedom of movement, as I did. Does he accept that many of us fear that imposing separate visas for different parts of the United Kingdom, rather than for a sector such as tourism, would limit freedom of movement within the UK, and would hamper us in encouraging people to come and work here?

Stephen Flynn Portrait Stephen Flynn
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We have stumbled here upon language that has been a problem throughout this debate, and that is the notion that what we are proposing is a separate visa; the reality is that what we are proposing is additionality so that the needs of Scotland can be met.

It is on that point that I want to finish my contribution. The Scottish Government have put forward this proposal in good faith; we want to have a system that is to the benefit of Scotland and our collective futures. It is simply despicable that this Government dismissed that out of hand in the space of just 20 minutes, particularly when, on page 20 of the “Migration: Helping Scotland Prosper” paper, at points 1, 2, 3 and 4, they can see that they would still be the final arbiter of any visa decision. We came forward in good faith and they rejected that, as indeed some of my colleagues have suggested. If they are unwilling to put in place a system that meets the needs of the people of Scotland, they should give those powers to the people who will.

Northern Ireland (Executive Formation etc) Act 2019 Section 3(5)

Christine Jardine Excerpts
Wednesday 16th October 2019

(4 years, 7 months ago)

Commons Chamber
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Robin Walker Portrait Mr Walker
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I think it is both. The Executive will be required for the Assembly to be in place and to work effectively.

There can be a Northern Ireland solution to this issue, but for that to materialise Northern Ireland needs the Assembly and Executive back in the coming days. In the absence of a restored Assembly and Executive, the Secretary of State has taken steps to ensure that the Government are ready to fulfil their obligations. As part of the information campaign, my Department has worked closely with the Department of Health and Social Care and published guidance for healthcare professionals to provide clarity on the new state of the law and their duties and responsibilities. The guidance sets out changes in the law in this area, should they come into effect from 22 October 2019, until a new regulatory framework is in place by the end of March.

The immediate changes are the repeal of sections 58 and 59 of the Offences Against the Person Act 1861 in Northern Ireland, meaning that no criminal charges can be brought under that Act against women and girls who have an abortion or against qualified healthcare professionals or others who provide and assist in an abortion. There will also be a moratorium on current and future criminal investigations and prosecutions. The Government then have a duty to introduce a new legal framework to come into force from 31 March 2020. It is worth noting that, during this interim period from 22 October until the new legal framework comes into place on 31 March, other relevant laws relating to the termination of pregnancy will remain in place. That includes section 25(1) of the Criminal Justice Act (Northern Ireland) 1945, which makes it a criminal offence for anyone to assist or wilfully act

“to destroy the life of a child then capable of being born alive”,

except where the purpose is to preserve the life of the mother in good faith.

From 22 October, women resident in Northern Ireland can continue to access services in England and will now have all their travel and, where needed, accommodation costs met by the UK Government. Healthcare professionals will be able lawfully to refer patients to services in England by providing the details of the central booking service or directing them to information on gov.uk.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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Does the Minister accept that offering women the opportunity to go abroad or to travel to have an abortion is not the same as enabling them to have one at home by recognising their rights under the conventions? Does he accept that simply to say, “We will not prosecute” is not enough?

Robin Walker Portrait Mr Walker
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Broadly, yes—I do accept that, but I also accept that the legislation allowed for this interim period so that the right guidance could be put into place to ensure that when services become available they are operating under the right framework.

It is expected that access to abortion services will not be routinely available in Northern Ireland until the new legal framework is in place after March 2020. The guidance notes that, if healthcare professionals choose to offer an abortion service to women during the interim period within the bounds of the relevant law, they should do so in line with their professional competence and guidance from their professional body. The guidance also notes the state of play relating to conscientious objection and what to do in cases in which patients have purchased abortion pills online. We are continuing to work at pace to be ready to continue to take forward all the necessary work to be able to implement new regulations by 31 March 2020 if there is no restored Executive by the deadline. Make no mistake: we will change the law on these issues if there is no Executive within the deadline.

My Department is therefore preparing to launch a consultation on changes to the law, on access to abortion services, and on the scheme for a victims payment once the 21 October deadline passes.

Claim of Right for Scotland

Christine Jardine Excerpts
Wednesday 4th July 2018

(5 years, 10 months ago)

Commons Chamber
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Ian Blackford Portrait Ian Blackford
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I would simply say, just carry on, because what you have just done is insult the people of Scotland—[Interruption]as you continue to do. We will do all we can to ensure that the wishes of the Scottish people are respected. Today, we ask—[Interruption.] I hear, “Scotland’s watching.” The question to the Conservatives is: will you respect the sovereignty of the people of Scotland, yes or no? You have failed dismally to do it up til now.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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I hugely respect the fact that the right hon. Gentleman says that he will respect the wishes of the Scottish people. Will that extend to respecting the wishes of the Scottish people when they voted no in the referendum and that was to be an end to it?

Ian Blackford Portrait Ian Blackford
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I am not sure the hon. Lady has been listening to me, because I have made that point. Of course we respect the 2014 referendum result, but the simple fact of the matter is that the circumstances have changed: we are being dragged out of Europe against our will. I expect that she wants us to stay in the single market and the customs union. She talks about a second referendum on Europe. What she should do is get behind the Scottish National party because, let me remind this House, in 2016 the SNP went to the people of Scotland and sought a mandate on having a referendum on Scottish independence if circumstances in Scotland changed. Guess what? We have a majority for independence in the Scottish Parliament. If you want to protect Scotland’s interests in Europe, and if you want to stay in the single market and the customs union, it may well be the case that independence for Scotland is the only way to do that.

Christine Jardine Portrait Christine Jardine
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Will the right hon. Gentleman give way?

Ian Blackford Portrait Ian Blackford
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I am going to make progress.

Today, we ask the House to consider the claim of right, to recommit itself to the spirit of devolution and to place the people of Scotland at the heart of decisions, not cast them aside. Only a few weeks ago, we witnessed the shameful Tory power grab. This House and this Government showed nothing but utter contempt for the devolved Administrations as the European Union (Withdrawal) Bill was pushed through without consideration of the views of the devolved institutions. The Scottish Parliament voted overwhelmingly, by 93 votes to 30, to refuse legislative consent for clause 15 of the Bill. As such, the Bill should not have been passed through the House of Commons with the clause intact, but the Tories decided this was acceptable. They trotted through the Lobby, voting against the will of the Scottish people—that’s what you did.

We all know that the Sewel convention established the long-held practice that the UK Government cannot legislate on devolved areas without the consent of the devolved Parliament—or at least we thought we did. [Interruption.] Well, there we are: this is the sovereign Parliament. You might want to say that to your voters in Scotland: that you do not believe it is the people of Scotland who are sovereign, as was defined in the court case in 1953. You are prepared to throw away the sovereignty of the people of Scotland and allow Westminster to do whatever it likes. Frankly, that is not acceptable to the rest of us. How can you be Secretary of State for Scotland if you behave in such a way? That is not the Secretary of State for Scotland; that is the Government’s man in Scotland.

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Ian Blackford Portrait Ian Blackford
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Thank you, Mr Speaker.

Now, thanks to the Tories, we have reached a dangerous and difficult place, which has exposed their lack of commitment to the Sewel convention. Their Brexit power grab has basically ripped up the Sewel convention and plunged us into constitutional crisis. We are in unknown territory. Only if the UK Government act to recognise and respect the will of the Scottish Parliament can we repair some of the damage. I say again to the Government: you have acted without the consent of the Scottish Parliament.



Bring forward legislation that will protect the powers of the Scottish Parliament, and do it now. If the Secretary of State recognises his role in defending devolution, he should do so, and a failure to do that should mean, quite frankly, that he should resign because he is not standing up for the interests of the people of Scotland.

The House should know that it is not simply the SNP’s view that the Tory power grab has thrown the devolution settlement into crisis. In Scotland, the feeling is apparent everywhere you go. People right across Scotland want power in Scotland’s hands. Recent polling from NatCen revealed that a majority of Scots trust Holyrood to make decisions in areas that the Tories want to grab for Westminster. Over 60% want fishing decisions in Scotland following Brexit and 59% want farming powers in Scottish hands.

Of course, the Tories have form because we know that in 2013, the European Union voted to give additional payments to Scottish crofters and farmers—€230-odd million of additional support—86% of which was supposed to come to Scotland between 2016 and 2020. What has happened? Westminster has handed over 16.5%. The rest has gone into budgets across the rest of the United Kingdom, and crofters and farmers have been short-changed by a Government that have not accepted their obligations to Scottish farmers. It is little wonder that people in Scotland want to make sure that the Scottish Parliament have powers over farming and fishing, and not this Tory Government who have not just grabbed powers but have grabbed money out of the pockets of hard-working Scottish crofters and farmers.

A majority of Scots have lost confidence in the UK’s handling of Brexit, with a full 69% now saying that they believe it has been badly handled. During earlier debates, we heard the Tories trying to justify the UK Government’s shoddy power grab by falsely claiming that Scotland would not lose powers. However, the Scottish Government published a list of powers at risk. They include powers over fishing, farming, rail franchises and fracking licences, to name but a few, but this Government have shown disrespect to our Parliament more than once. Their legal challenges to the Scottish Parliament’s continuity Bill, for one, clearly show the arrogance of the Conservative Government when faced with the will of the Scottish people. Why is it right that the Conservative Government believe that they can take the Scottish Parliament and, by extension, the Scottish people to court? That is exactly what is happening—what arrogance!

The Scottish Parliament voted by 95 votes to 32 to pass the continuity Bill, aimed at preparing Scotland’s laws for the impact of leaving the EU in the light of the refusal to grant a legislative consent motion to Westminster’s European Union (Withdrawal) Bill. The people of Scotland expect the two Governments to co-operate on these matters. They also expect that the decisions and responsibilities of the Scottish Parliament should be respected. The decision, therefore, of the UK Government to attempt to overturn the will of the Scottish Parliament in the courts is unprecedented and unacceptable.

Christine Jardine Portrait Christine Jardine
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On that point, those who were responsible for framing the devolution settlement have assured me that what is happening now is what was intended and is included—[Interruption.] It is what people voted for in 1997 and is included in the devolution settlement. If the right hon. Gentleman is so concerned about Scotland being “dragged” out of the European Union, why does he not join us in backing a people’s vote on the final deal?

Ian Blackford Portrait Ian Blackford
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I simply say that if the hon. Lady wants to stay in Europe and in the single market and the customs union, there is already a mandate in the Scottish Parliament for a referendum of independence. Join us in protecting Scotland’s interests!

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Christine Jardine Portrait Christine Jardine
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Will the hon. Lady give way?

Marion Fellows Portrait Marion Fellows
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No, because I have only three minutes left.

Scotland is not a country that is quick to take to the streets, but what the recent independence demonstrations have shown, as have the past demonstrations against Westminster’s poll tax and Thatcher’s decimation of Scottish industry, is that once Scotland has made up its mind, it will continue to pursue its interests in the face of adversity. Anyone who opposes Scotland’s sovereign right is exposing a truth widely held in Scotland, and indeed by the Secretary of State for Scotland, that we are not an equal partner in the UK and that we must ask permission to make our own decisions.

Marion Fellows Portrait Marion Fellows
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I only have three minutes left, so I cannot give way.

Those people are exposing the fact that a democratically elected Parliament’s decision to hold a referendum—the most direct form of democracy imaginable—must be rubber-stamped by Westminster. Anyone who recognises and celebrates the no vote of 2014 but then seeks to undermine Scotland’s sovereignty by discrediting any future vote exposes a crucial contradiction in their argument and does not understand the pride that the Scottish people take in their Parliament.

Christine Jardine Portrait Christine Jardine
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Will the hon. Lady give way?

Marion Fellows Portrait Marion Fellows
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No, I want to finish my speech.

Christine Jardine Portrait Christine Jardine
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Will the hon. Lady give way?

Marion Fellows Portrait Marion Fellows
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No, I am going to continue.

While the UK Government seek to evaporate the Sewel convention and rely on outdated principles of Westminster sovereignty, the people of Scotland will be the ones who decide where their legitimate government and interests lie. No politician, party or Parliament can; this is about the Scottish people. Whatever the outcome of this debate, it will always be the case that Scotland’s sovereignty does not need to be recognised by parties that Scotland rejects or by Westminster; its sovereignty needs to be recognised only by the people of Scotland themselves.

I am sorry that the amendment that was tabled has not been selected, but as the claim of right exists, the only thing that is decisive is the will of the Scottish people as expressed through elections and referendums. That will is fluid and changing. We only need to look at the opinion polls—they have been taken all the way through from 2014—since the Brexit vote. The minority Conservative Government are well aware of those polls. It is undemocratic to bind Scotland or any other country to the decisions of the past, to protect the interests of the Tory party.

Sewel Convention

Christine Jardine Excerpts
Monday 18th June 2018

(5 years, 11 months ago)

Commons Chamber
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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I am grateful to you, Mr Speaker, for the opportunity to contribute to this debate and, indeed, for allowing the debate to happen at all.

There are a number of issues of some significance relating to our constitution that stand to be examined here. Regrettably, we have managed to avoid most of them thus far in the course of the debate, but I hope to be allowed a few minutes to touch on them. This is not just a debate about the constitution in the abstract. I represent two island communities whose economy overwhelmingly depends on fishing, farming and crofting. These communities will absolutely need to know what the future holds post Brexit. They will need to know what is going to come in place of the common agricultural policy—for agricultural support, in particular. When I met representatives of the National Farmers Union Scotland in Orkney on Friday, these were the questions that they were asking me, and time after time I had to say, “I’m sorry—I do not know because nobody knows.” This is not just about the constitution; it is about something that is going to have a very serious and profound effect on the livelihoods of my constituents.

I want to say a word or two about how we got here. The Government have mishandled this whole aspect of Brexit just about as badly as it is possible to imagine. They have certainly managed it as badly as they have managed the whole of the Brexit process. Amendments were promised at the Dispatch Box and we were told that this House would have the opportunity to debate them. Those amendments did not appear. We were then told that they would come in the House of Lords, and indeed they did eventually come, at a late stage, in the House of Lords. In the meantime, the Scottish Parliament, for a variety of different reasons, voted against legislative consent. There was no single reason why the different parties in the Scottish Parliament voted in the way that they did but, notwithstanding that, they all decided that they would withhold legislative consent when the question was put to them.

The timetable that we were given last week should have protected the time available to debate the amendments from the other place. It did not—and that was not an accident. The Government used the procedures of this House to avoid a debate rather than to engage it. For that they are culpable and with that we are now all having to deal. Moreover, the consideration of Lords amendments should not have been presented to us as an either/or. This is the most significant piece of constitutional legislation that we will debate in my lifetime, and we should not at this stage, when it comes to voting on Lords amendments to it, be given a choice of either voting or debating.

The context for this debate is the abject failure of the Scottish Government and the United Kingdom Government to reach agreement. It is apparent to all who look on from the outside that there has been a lack of good faith in the negotiations between our two Governments. Let me say quite candidly that it is apparent to me that, if it is left to the Scottish and the United Kingdom Governments, then they will never reach agreement because they have no interest in doing so. They are both approaching the Brexit issue through the prism of their own party interest rather than the national interest.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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Does my right hon. Friend share my frustration at the impasse that the two parties have reached—the two parties that initially, and for a considerable period, did not back devolution but now claim to defend it? Both the SNP and the Tories failed to engage in the first stage of the debate.

Alistair Carmichael Portrait Mr Carmichael
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Of course, we all know that the Conservatives opposed devolution, as did the Scottish National party. I remember the days of the campaign for a Scottish Assembly and of the constitutional convention. I remember a whole series of SNP walkouts. What we saw on Wednesday was just the latest in a long line of these things. When it mattered, the SNP were never to be found, because they are not interested in devolution; devolution is not what they want.

I come back to the frameworks that will be so necessary to my constituents post Brexit. [Interruption.] I do not know if anyone from the SNP Benches wants to intervene.

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Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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Given the time, I will be brief, which is not a phrase that my colleagues hear often.

Tonight’s debate has been important for devolution, for the future of Scottish governance and for the future governance of us all. But it has also been profoundly disappointing because, rather than make progress, we have simply demonstrated the problems that got us here in the first place—intransigence on both sides, with Members dug into positions, both pro and anti-devolution and pro and anti-Conservative. The red mists of nationalism descend on both sides whenever devolution is discussed.

I have to disagree with the hon. Member for Aberdeen North (Kirsty Blackman); it is not too late. We should perhaps listen to the shadow Secretary of State for Scotland and get back around the table. My party and I would like the opportunity to be taken to create an enduring dispute resolution procedure that would prevent us from coming to this stage again. We need a procedure to prevent us from getting to the point that my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) described and which I have experienced—as I am sure many others in this House have—whereby constituents and businesses across the country ask us, “What will happen next?” and we have to say, “We don’t know.” Can we please abandon the positions and get on with finding a solution?