Oral Answers to Questions

Debate between David Lidington and Ross Thomson

Wednesday 14th November 2018 Commons Chamber

[Ross Thomson (Aberdeen South) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Mr David Lidington)]

Yesterday I chaired the Joint Ministerial Committee on EU negotiations, attended by Scottish and Welsh Government Ministers and civil servants from Northern Ireland. This, the eighth such JMC meeting that I have chaired this year, followed the significant progress made in recent months with the devolved Governments in developing UK-wide frameworks to protect the vital internal market of the United Kingdom.

[Ross Thomson]

From policing to education, health and the environment, the approach of the Scottish National party Government is that control from Edinburgh is best, and when in doubt, centralise. Can my right hon. Friend update the House on what he is doing to ensure that the Smith commission promise to ensure decentralisation from Edinburgh is met?

[Mr Lidington]

The Smith commission was clear that it is the responsibility of the Scottish Government to work with the Scottish Parliament, civic Scotland and local authorities to ensure that power is devolved from Holyrood to local communities. For our part, we are ready to help the Scottish Government to implement the Smith commission in full and will give them our support if and when they choose to do that.

European Union (Withdrawal) Bill

Debate between David Lidington and Ross Thomson

Tuesday 12th June 2018 Commons Chamber

[Mr Lidington]

Not only do the agreements that we have reached with the Welsh Government and embodied in these amendments respect the devolution settlement— indeed, Welsh Ministers have said very firmly that they believe that devolution is fully respected—but I think that we have complied in full with our obligations under the Sewel convention. The right hon. Gentleman should look again at the statement by Mr Mike Russell, the Minister for UK Negotiations on Scotland’s Place in Europe from the Scottish Government, who described the situation we are in as a “novel” one and said:

“In normal times, such a bill would follow a normal timetable, but these are not normal times.”—[Scottish Parliament, Official Report, 1 March 2018; c. 29.]

It is the Scottish Government who are saying that we are not in a normal situation.

[Ross Thomson (Aberdeen South) (Con)]

At a time when President Donald Trump and Kim Jong-un, the most difficult of partners, can show that an agreement can be reached, is it not telling that the only person who cannot reach an agreement is Nicola Sturgeon, because all the SNP cares about is grievance and independence?

[Mr Lidington]

My hon. Friend puts his finger on the truth. It is of course a great disappointment that the Labour party in the Scottish Parliament, despite its protestations of Unionism, on this occasion decided to ally itself with the Scottish nationalists.

European Union (Withdrawal) Bill

Debate between David Lidington and Ross Thomson

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Mr Lidington]

The hon. Gentleman will forgive me, but there are a lot of amendments in this group and I want to try to do justice to them.

Government amendments 25, 28 and 29 tackle a technical but important issue by allowing the devolved Administrations to use the powers conferred on them by schedule 2 to modify directly retained EU legislation in areas where a common framework is not needed. While we work with the devolved Administrations on where frameworks are or are not needed, we are maintaining existing common approaches to provide much welcomed certainty. To aid that, direct EU legislation that currently applies uniformly across the UK will be corrected at UK level in the first instance to avoid the risk of early, unhelpful divergence in areas where it may ultimately be determined that a common approach should apply. We have listened to the views of Opposition Members, my hon. Friends who represent constituencies in Scotland and Wales, the devolved Administrations and Committees in the devolved legislatures.

Given that the UK Government are committed to making swift progress on the frameworks, we agree that, where a matter is released from the clause 11 competence arrangement, the powers in the Bill should be fully available to the devolved Administrations to modify retained direct EU legislation, and we intend that that will be in the majority of areas. We and the devolved Administrations continue to make good progress in those framework discussions. We intend to agree as many areas as possible where frameworks are not needed in advance of exit day, so that those areas may transfer directly to the devolved Administrations without the need for an intervening period in which to operate the holding pattern described in the clauses.

Like my hon. Friends the Members for Harwich and North Essex (Mr Jenkin), for Ochil and South Perthshire (Luke Graham), for Stirling (Stephen Kerr) and for Aberdeen South (Ross Thomson), I am disappointed that we have been unable to reach agreement with the Governments of Scotland and Wales to make amendments to clause 11 on an agreed basis. That remains the Government’s ambition. When I spoke to the Deputy First Minister of Scotland and the First Minister of Wales a few hours after being appointed to my new responsibilities last week, I emphasised that I was instructing our officials to work with theirs even more intensively to try to achieve that agreement.

The discussions so far have revealed a great deal of common ground between us. For example, we are all agreed that common UK frameworks will be required in some areas even after we have left the EU. That was also recognised in Committee and reflected a shared understanding about protecting the internal UK market, managing common resources and meeting international obligations. But this is a complex area and we need to get it right, and we do not believe that amendments 3, 6 and 13 would achieve that. It is our assessment that in only a minority of cases will we require a legislative framework, in whole or in part.

I can confirm today that the Government will shortly publish our analysis of the areas where frameworks will and will not be needed, so that we are transparent about this progress as our discussions on both clause 11 and frameworks move into greater detail. I also wish to acknowledge the co-operative approach of both the Scottish and Welsh Governments and their officials in working with us towards the right outcome. I have full confidence that we will deliver this Bill with the legislative consent of both the Scottish Parliament and the National Assembly for Wales.

Let me turn to the Opposition amendments. Amendment 3, from the Opposition Front-Bench team, and amendments 6 and 13, standing in the names of the hon. Members for North East Fife (Stephen Gethins) and for Arfon (Hywel Williams), relate to the temporary arrangements established by clause 11, so that we might determine where and how frameworks would operate. The trouble with these amendments is that they would strip away certainty in areas where our citizens and our businesses rely on having common approaches across the UK, and they would pre-empt our framework discussions. They would risk our ending up when we leave the EU with unchecked divergence where common approaches were in place, with no guarantees of if and when they might be re-established. That is simply not good enough. I do not think it right to accept such amendments, which would inadvertently risk creating new barriers to living and doing business right across the UK, however well-intentioned they might be.

[Ross Thomson]

Does my right hon. Friend agree that we have heard a lot of talk about respect between both Governments and that being why we should accept the amendment, but that in not securing Joint Ministerial Committee agreement and in not securing a legislative consent motion this actually shows no respect for that process and is simply a stunt?

[Mr Lidington]

I agree with my hon. Friend.

Let me turn to the amendments from the hon. and learned Member for Edinburgh South West (Joanna Cherry), who again raised the important debate between “necessary” and “appropriate” provisions made under the Bill. Members will not be surprised to know that “necessary” is a very strict legal test. It could be interpreted by a court as “logically essential”, and where two or more choices of law to correct EU law are available to Ministers, arguably neither one is strictly necessary because there is an alternative. So Ministers need to be able to exercise discretion to choose the most appropriate course. For example, if two agencies could arguably carry out a particular function, the UK Government—or in this case the devolved Administration—must propose that which would be the most appropriate choice. That is why we have chosen the word “appropriate” and would wish to stick to that.

The Government remain of the view that the power in clause 7(1) is crucial. We do not take delegated powers lightly, and we want them to be tailored as tightly to their purpose as possible. We have therefore listened to hon. Members’ concerns about the scope of the power in clause 7(1), and in bringing forward Government amendments 14 and 15, we have built on the amendment tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who was supported by my hon. Friend the Member for Weston-super-Mare (John Penrose).

We must ensure that we can correct all deficiencies that may arise from our withdrawal, but our amendments put it beyond doubt that some of the wilder speculation on how powers in the Bill would be used will not be possible, by providing an exhaustive list of the types of deficiency and taking up the constructive suggestion of my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox). That is the act of a responsible Government responding to the debate we have listened to in the House. I hope that—

Carillion

Debate between David Lidington and Ross Thomson

Monday 15th January 2018 Commons Chamber

[Mr Lidington]

I question the premise on which the hon. Lady put her question. It is true that ultimate responsibility for the provision of public services remains with the public sector, but as this case has demonstrated beyond any doubt, the financial risk really and truly is transferred to the private sector contractor.

[Ross Thomson (Aberdeen South) (Con)]

The Aberdeen western peripheral route is being constructed through my constituency. Will my right hon. Friend advise the House on what discussions he has had with the Scottish Government and the next steps that have been agreed to give reassurance to the workers turning up on site about their jobs, pay and pensions? Does he agree that the Scottish Government should outline their contingency plans as soon as possible, given reports that they have been slow in their payments to the project consortium?

[Mr Lidington]

This is one of the projects in Scotland that has been the subject of conversations between UK and Scottish Government officials. Because it is a Transport Scotland project, it is indeed a matter for the devolved Government in Scotland to take forward in seeking alternative providers, but the Government will continue to do whatever they can to support the Scottish Government in that endeavour.