United Kingdom Internal Market Bill
Debate between Craig Williams and Anne McLaughlin(3 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Craig Williams
That is a wonderful intervention. Such is the power of the hon. Lady’s argument that she asks me to help her name a power in reverse. I have asked Opposition Members to name one specific power, but it has not been forthcoming. This is a complete politicisation of what is an essential Bill.
In conclusion—I am conscious of my promise to keep my contribution short—the Bill clearly does not affect the powers of the DAs. It clearly reinforces the importance of the market to the United Kingdom and to my Welsh constituency, and it clearly will protect the jobs that I have been sent here to protect. I commend the Bill and thank the Minister for promoting it.
Anne McLaughlin (Glasgow North East) (SNP)
I will address you in the Chair, Ms McDonagh, as is customary, but I hope through you to get a message to the people of Scotland, because it is our duty to warn those who are not yet aware of it that this Government down here in London are planning to take powers away from the Scottish Government, the Scottish Parliament and, ultimately, the people of Scotland.
They say that they have no such plans. Nobody in my party believes that, but let us say that they are correct. I am going to give a couple of examples of what we are so alarmed about, and I would be very happy for any Government Member to stand up when I have done so and tell me that I am wrong and have misunderstood. But they should be warned: if they plan to do that, they had better be able to point to the actual legislation that guarantees that our fears are unfounded. If no Government Member can do that, the people of Scotland will know. Whether this Government like it or not, an independence referendum is on its way to Scotland, and our people are watching very closely.
Let me start with the first example. We in Scotland, as Members will have heard many times today, are very proud of our minimum price controls on alcohol. It is a policy that I, as a former Member of the Scottish Parliament, and others fought tooth and nail to introduce many years ago, though unsuccessfully at the time. In fact, I remember making my speech in the Scottish Parliament, holding aloft a 2-litre bottle of what was at the time a very cheap top-strength cider, to illustrate a point. As an aside, my hon. Friend the Member for Glasgow South (Stewart Malcolm McDonald) was my researcher at the time, and his job was to buy it and empty it down the sink so that I did not take alcohol into the Chamber.
We are very proud of minimum pricing, because in two short years we have already seen a decrease in harmful drinking in Scotland. But what if we had not passed that legislation already, and what if the democratically elected Scottish Parliament wanted to do so next year, after this Bill has been enacted? It would not matter how many bottles of cheap liquor we held up. It would not matter how many stories we shared of the untold damage done to individuals and their families because of the easy and cheap access to very high-strength alcohol. It would not matter if every single Member of the Scottish Parliament—Scotland’s democratically elected Parliament—voted yes to minimum pricing next year. With this Bill, the UK Government could drive a bulldozer through it and there would be nothing we could do while we remained a part of this Union.
As we heard earlier, Professor Michael Dougan of Liverpool University has identified that Scotland’s minimum price controls could be characterised as a form of product requirement. That would mean that the principle of mutual recognition in this Bill would apply, and once that obligation applies there is virtually no scope for Scotland to justify applying new rules to imports from England.
Members might ask, “Why does that matter now? Scotland did pass minimum pricing. This legislation applies to new rules, and minimum pricing is not new.” But it does matter, because what happens when we in Scotland come to review minimum pricing? And what if, in that review, the democratically elected Scottish Parliament were to vote for tighter legislation? What if it were to step it up because it works? None of the new rules would apply to alcohol imported from elsewhere in the UK, so cheap high-strength alcohol from England, Wales and Northern Ireland could flood the market in Scotland and a bulldozer would again be driven through all of our good work.
Anne McLaughlin
I do indeed find that extraordinary, but perhaps they will have a change of heart if what the hon. Member for Rother Valley (Alexander Stafford) says—that the “could” and “should” and “would” is not going to happen—is correct. But we know that is not going to happen.
Anne McLaughlin
No, I need to get on.
The Government say that the Bill creates an internal market based on the principles of the EU single market, but there is a considerable gap between the principles enshrined in EU law and those proposed in the Bill, as I have just demonstrated. Perhaps the Government think it is in Scotland’s best interest for them to take away those controls, because they know best. I, personally, do not expect to be able to change that centuries-old colonial attitude, but it might be worth remembering that there are policies started in Scotland that have subsequently been adopted by the rest of the UK.
Anne McLaughlin
I will let the hon. Gentleman intervene in a minute.
Banning smoking in public places is one such policy and plastic bag charges is another. Perhaps sometimes Scotland does know best and perhaps at other times other countries know best. This proposed legislation, however, only recognises one legislature that apparently knows, and that is the UK Government.
Anne McLaughlin
The hon. Gentleman does not have to keep doing that. I said I will let him in, so I will let him in.
Craig Williams
I thank the hon. Lady. May I just touch on alcohol pricing? Of course, that would not change much. At the moment, if alcohol is dispatched from England, Wales or Northern Ireland, minimum pricing does not apply in Scotland, so what would the Bill actually change on alcohol pricing? It does not apply at the moment if dispatched from other parts of the UK to Scotland.
Anne McLaughlin
I think what the hon. Gentleman is doing is making an argument for independence. If he is saying that the only way we can control this is by Scotland becoming independent, well I will be looking forward to that in the not-too-distant future.
I want to come on to my second scenario, which is procurement. There are many differences between procurement rules in the UK and in Scotland. I will give the House some examples. Scotland excludes companies that have breached blacklisting regulations. That is a good thing, but the UK does not agree. In Scotland, public bodies are forbidden from awarding contracts solely on the basis of cost alone; not so in the rest of the UK. Scottish rules put an explicit requirement on public bodies to include conditions of contract which ensure the contractor complies with environmental, social and employment law in the performance of that contract—also a good thing, but also something where UK rules do not apply. Yet we could be compelled to ditch our rules in favour of the weaker procurement system.
Is there anything in the Bill to prevent this scenario? A company with a dodgy track record on blacklisting eyes up a juicy contract from a public body in Scotland. Could the Bill enable the dodgy company to argue that Scotland’s different rules be considered disruptive, and, in arguing thus, it becomes eligible to apply for the contract? There is nothing to stop that happening. Yet again, the UK Government are asking us to permit them to bulldoze their way through carefully crafted responsible legislation. And yes, I am aware of the exclusions, but I am also aware of the powers of the Secretary of State for Business, Energy and Industrial Strategy to alter those exclusions. And yes, I also know that this relates to goods rather than services, but after this week, when the UK Government said they would break international law, we cannot take a single assurance of theirs seriously. Still they cannot point to the legislation that guarantees that what I just described could not possibly happen.
In fact, clauses 3, 7, 6, 5 and 10 give considerable latitude to the Secretary of State to amend the scope of the mutual recognition and non-discrimination principles, by using affirmative resolution procedure. This is a sweeping power that gives very limited room for parliamentary scrutiny. The clause pays lip service to consulting with the devolved Administrations, but contains little detail on what happens if they do not consent. The dictionary definition of the word consultation is
“the process of discussing something with someone in order to get their advice or opinion about it”.
What is the point if that opinion is simply disregarded? The Government always deny that that would be the case. They say, “That will never happen. You’re making it up,” but I am afraid it happens all the time.
My very good, honest and honourable friend Michael Russell MSP, who is the Scottish Government’s Cabinet Secretary, talks of the disrespect and even hostility coming from the current UK Government towards the devolved nations, and we hear it all the time. He says that there is “no trust” between the UK and Scottish Governments. That is a ridiculous state of affairs. The UK Government can hardly claim that they are behaving respectfully when there are no safeguarding provisions in this Bill to respect the consent of the devolved Administrations by protecting the Sewel convention.
In the general election campaign, the Prime Minister drove a bulldozer with “Get Brexit done” emblazoned on it through a polystyrene wall. Now he and his colleagues are doing the same thing to the devolution settlement. We know exactly what the Prime Minister meant when he talked about taking back control. He meant that the UK Government should take back control of Scotland.
You know how sometimes a song will keep popping into your head, Ms McDonagh? Whenever I hear this Government talk about Scotland these days, the old Who song “Won’t Get Fooled Again” pops up, and there is nothing I can do to get rid of it. I will not subject you to my singing, but I will share some of the lyrics:
“I’ll tip my hat to the new constitution
Take a bow for the new revolution”—
I will miss out the bit about picking up my guitar—
“Then I’ll get on my knees and pray
We don’t get fooled again”.
“Lead, don’t leave”, we were told in 2014. I do not blame those who trusted the UK Government, but they will not be fooled again.
I want to respond to the hon. Member for Hitchin and Harpenden (Bim Afolami), although he has gone now. To win the next independence referendum, one side has to convince the people in Scotland who embraced devolution but voted no last time. Either the Unionists convince them to vote no again, or we convince them to vote yes. If the UK Government keep on with this level of respect, keep driving that bulldozer through everything we in Scotland hold dear and pass this legislation, they will be doing our jobs for us. Perhaps in time, when I look back from our newly independent country where people and the environment come before profit, my anger will, ironically, turn to gratitude.