European Union (Withdrawal) Bill

Colin Clark Excerpts

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[John Lamont]

No; I think I have heard quite enough from the hon. and learned Lady this evening. Despite the rhetoric of the Scottish National party, the opposite is in fact true, as the UK Government and the Scottish Government are relatively close to reaching an agreement.

[Colin Clark (Gordon) (Con)]

Does my hon. Friend agree that it would be of better service to all our constituents if we dialled down the rhetoric and looked closely at the positions that we all hold? We all agree that we need some common frameworks, and we all agree that the JMC and bilateral negotiations are the right way to make progress. Does he agree that we need to let the negotiations progress so that they can inform future changes to the Bill?

[John Lamont]

My hon. Friend is absolutely right. Both sides agree on the need for common frameworks. As I listened to the Scottish Government’s Michael Russell and the Secretary of State for Scotland speaking yesterday, it was clear that significant progress has been made in the discussions between the two Governments, which is to be welcomed.

I also welcome the clear statement from the Secretary of State for Scotland that the UK Government’s default position will be devolution in policy areas that are already devolved, and that common frameworks must be agreed, not imposed on the devolved Administrations. The problem with the SNP’s demands is that they would rush a complicated process. I do not support an arbitrary timetable for listing what will be devolved and what needs to be dealt with on a UK basis until that has been agreed between the two Governments. I hope that we can proceed in a constructive way to achieve that. Although the Government are right to take their time, we do need further clarity from them on such matters during the progress of the Bill. In particular, we need more information about the areas in which common UK-wide frameworks are likely to be required.

Finally, it is absolutely not constructive—internally and within the EU—to have the threat of a second independence referendum hanging over the Brexit negotiations. We have seen the front pages of the Scottish press this morning, with the First Minister again talking about the case for independence. I see some SNP Members nodding enthusiastically. This is creating an extra layer of uncertainty for businesses in Scotland and making the task of negotiating with the EU even more difficult.

European Union (Withdrawal) Bill

Colin Clark Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Stephen Gethins]

No. I am going to move on, but I would like to see the hon. Member for Moray (Douglas Ross) table some amendments. The Secretary of State for Scotland said in questions earlier that there will be amendments. I accept that Scottish Conservative Members have their misgivings, and they have made some valuable points, but I was disappointed that they have not tabled any amendments themselves. That was remiss of them, especially at a time when we are able to work on a cross-party basis.

I shall move on, because there is quite a lot of technical stuff to consider. The SNP has tabled a series of amendments in the name of my right hon. Friend the Member for Ross, Skye and Lochaber that would delete the word “appropriate” and insert the word “necessary”. This is relevant to the discussion on delegated powers. The recommendation came not from the SNP or Labour, or even from the Liberal Democrats or anybody else, but from the Law Society of Scotland. We have been happy to work with external stakeholders who, I concede, know a great deal more about this stuff than I do. I am always happy to take guidance and advice on these issues, and I recommend that all Members think about doing so.

The need to rein in the meaning of the word “appropriate” was first highlighted by the House of Lords Constitution Committee, which published its report on the great repeal Bill and delegated powers back in March. That report gave credence to amending the legislation, with particular attention to the use of the word “appropriate”. The House of Lords Committee suggested that

“a general provision be placed on the face of the Bill to the effect that the delegated powers granted by the Bill should be used only…so far as necessary to adapt the body of EU law to fit the UK’s domestic legal framework; and…so far as necessary to implement the result of the UK’s negotiations with the EU.”

Our consequential amendments 209, 210, 212, 213, 214, 215 take into account those recommendations.

I welcome the amendments tabled by the hon. Member for Aberavon (Stephen Kinnock), who I believe is seeking to achieve with them an outcome similar to what SNP Members seek. There are outstanding concerns about how in practice powers excluded from Scottish Ministers may work. A number of private international law instruments may need specifically Scottish adaptations, given the separateness of Scots law and the Scottish judiciary. It is clear that this Bill needs to be significantly amended. When senior legal experts are speaking out on almost every single clause, we have to wonder whether we should continue with the Bill or just start again from scratch, but we are where we are with this. I hope that Ministers will take on board the amendments that come not just from political parties but from across the board.

[Colin Clark (Gordon) (Con)]

The hon. Gentleman should be in no doubt that amendments cannot be a Trojan horse and they cannot frustrate the democratic will of the people of the United Kingdom. The question is really simple: does he accept that the Bill is necessary, and that it is largely procedural?

[Stephen Gethins]

It should not be incumbent on any Member of Parliament to pass any old law that the Government want us to pass. If this place does not believe that the Bill is fit for purpose, we have a responsibility to interrogate it. I suggest to the hon. Gentleman that he is allowed to make amendments. That is something that he, as an MP, can do. There are hundreds of amendments, many of them tabled by Opposition Members but some tabled by Government Members. I hope that, in due course, Scottish Conservative Members will start to table amendments to Bills, because that is something an MP is allowed to do and I encourage them to do it. If we do not think that a Bill is fit for purpose, we will not vote for it, and I would not expect any other Member to do otherwise.

I pay particular tribute to the Scottish and Welsh officials who have worked so hard on this legislation over the past few months. Often, when we discuss amendments in Parliament we are doing so at the end of a process, but there are officials in the devolved Administrations and elsewhere working extraordinarily hard on this. The Secretary of State for Scotland said earlier that he will table amendments—at 500-plus days on from the EU referendum, I am glad to hear that—so will the Minister tell us when those amendments will be tabled?

On a historical note, I noticed earlier that Brexiteers were hailing Henry VIII as a great Brexiteer. Henry VIII was never King of Scots, but he was responsible for the rough wooing of Scotland.