Draft Food and Drink, Veterinary Medicines AND RESIDUES (amendment ETC.) (EU Exit) Regulations 2019

Deidre Brock Excerpts

Wednesday 20th March 2019 General Committees

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Like you, I am sure, Mr Austin, I have sat on what feels like hundreds of these Committees where the purpose of the secondary legislation has, by and large, been writing back into UK legislation provisions that are being lost as a result of Brexit. This SI is an unfortunate exception, as it fails to maintain the provisions that protect our food and drink sector in trade deals around the world.

The EU’s protected geographical indicators have helped to protect the branding of our food and drink products. They have helped producers here to market their goods across the EU and wherever the EU has done trade deals, and they protect our overseas and domestic markets against cheap and inferior imitations. Cornish pasties cannot be made in Paris, Arbroath smokies cannot come from Budapest, Caerphilly cheese is always Welsh, and Comber new potatoes have to come across the sea from Northern Ireland. The same goes for Scottish salmon —both wild and farmed—Stornoway black pudding, Scotch beef, Scotch lamb, Orkney beef, North Ronaldsay sheep, Shetland lamb, native Shetland wool, Orkney cheddar, and of course whisky.

Scotland has one in six of the UK’s protected products, so Scotland, I am afraid, is once again being unfairly penalised by a Brexit we never voted for. Those protected products are also some of our most lucrative: our top food export is salmon, and our top drink export is whisky. Without the economic muscle and political might of the EU protecting those products around the world and across the EU, there is a real danger that their market share will slip and income from them will decline, with jobs and businesses at risk. All of that will be on top of losing the easy access to the EU market that we currently enjoy. The UK simply does not have the clout to protect those products in the way that the EU does.

There are also, I am afraid, examples of UK Government Ministers—it is difficult to tell whether they are still Ministers, but they are certainly Ministers who have served under the current Prime Minister—saying that some of those protections would be used as bargaining chips in trade negotiations. When giving evidence to a Holyrood committee in September, the then Minister for Trade Policy—he might still be Minister for Trade Policy; I am not sure—said:

“The GI issue is not…straightforward”

and that some countries see these protections as “barriers to trade”. That is why it is so worrying that this dubious piece of legislation gives up the protection of the EU system in favour of a system dreamed up by someone who has delusions of UK adequacy, but no grounding in what our food and drink sector will need to survive and thrive. I have absolutely no idea why anyone thinks it is a good idea to give up using the EU system, which we could have continued to participate in after Brexit, in order to try to build one of our own, which will at best be a pale and powerless shadow of the former.

We are lucky that the EU sees those trade protections as important, and will continue to respect UK indications after Brexit. The downside is, of course, that it will not enforce UK indications in third countries with which we have trade deals, and it will insist on the UK recognising EU protections. I quote a written answer given by President Juncker to a question lodged in the European Parliament:

“The European Union schemes for the protection of geographical indications…within the European Union territory apply, without discrimination, to European Union and non-European Union GIs.

After leaving the European Union, the United Kingdom…is expected to protect the GIs of EU-27 according to its domestic legal order and in compliance with its international obligations, including those of the World Trade Organisation (WTO). The same will apply in the European Union in respect of UK GIs.

It remains to be determined in the framework of negotiations whether any specific measures or agreement for the protection of GIs between the EU-27 and the UK would be appropriate following the United Kingdom's withdrawal.”

Admittedly, that was in September 2017, but attitudes in Brussels may no longer be as forgiving as they were, after the recent shambles.

We are walking away from a perfectly decent and fully functional set of protections to set up a whole new system for protections that cannot be as effective, will never be as powerful and will not have the reach or influence to do the job—it will not be as good but we will have our own system to do it. How ironic that those who complained the loudest about EU red tape are now setting up whole new bureaucracies in the name of taking back control. It is like a “Carry On” film. The SNP cannot support the regulations and I cannot allow them to pass unchallenged with anything like a clear conscience. I will be pressing them to the vote and voting against them.

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[David Rutley]

I will get back formally to the hon. Gentleman on that point, but my understanding is that the court can appoint experts to help with particular issues. It is important to recognise that this SI also introduces additional appeals provisions as a result of the UK assuming the responsibility and functions previously belonging to the EU. In short, a person who thinks that the Secretary of State has got a decision or application wrong can go to this first tier tribunal to appeal against that decision. The appeal processes will cover all four regimes: agri-foods, wines, spirits and aromatised wines. The appeal provisions ensure that we comply with our obligations under the European convention on human rights. I will get back to the hon. Gentleman on his specific point.

A number of points were made about geographical indications. The hon. Gentleman asked when the three-year period would start. It will start from the day of exit. The whole point of having a three-year period is to enable time for the producers to adjust themselves and their packaging to the new situations. Protection of UK GIs in the EU will continue automatically after exit. They have been through the EU scrutiny process and they have earned the right to their place on the EU’s registers. To remove UK GIs from its registers, the EU would have to change its rules. If the UK GIs are removed from the EU registers, the Government will support UK GI holders in reapplying for EU GI recognition.

The key point here, certainly from the Government’s perspective, is that we should not lose sight of how important securing a deal is, for some of the very reasons we are talking about here, but we have processes in place should we find ourselves in a no-deal scenario.

[Deidre Brock]

Can the Minister give us a little more information about how long reapplying to the EU to be on that register would take, and what kind of support he will give businesses to do that? Businesses have told me they are worried about the length of time and the cost involved before they can be back on that register.

[David Rutley]

With the hon. Lady’s permission, I will return to that point in a minute. I am sure I will get some inspiration to answer those points specifically, and if not, I will write to her.

I have answered several questions on the situation that we find ourselves in. I think that the hon. Member for Edinburgh North and Leith made an important point about Scotch whisky. When I was appointed to this role, one of the first things I did was to meet with the Scotch Whisky Association in Edinburgh, to understand its views on the matter. As she rightly said, it is vital for our export business, for the Scottish economy and, of course, for the UK economy as a whole. I respect the important work that it does.

As I said, the protection of UK GIs will continue in the EU, unless and until the EU decides to change its rules to remove UK GIs.

[Deidre Brock]

I made a point about third countries in future trade deals and how protections might be dealt with in those circumstances. I am thinking particularly of evidence that we received in the Scottish Affairs Committee from Dr Maria Garcia of the University of Bath. She used Scottish whisky as an example. She said:

“Recognition of Scottish whisky and protection of that GI in trade negotiations will be much more difficult for the UK acting alone. It will have much less success, probably, in getting its demands met, than it would as part of the EU.”

What assurances can the Minister offer Scottish whisky producers and all the other people who are part of the PGI system in the UK that they will be protected in those sorts of trade deals in the manner needed?

[David Rutley]

I understand the hon. Lady’s point. The Government are working with their global trading partners to transition EU free trade agreements and other sectoral agreements. That includes commitments on the recognition and protection of UK GIs. We are working to have bilateral agreements in place, ready for when we need them. If there is no deal, the Government will seek to bring into force bilateral agreements from exit day, or as soon as possible thereafter.

We have already signed a trade continuity agreement with Switzerland to continue trade worth £32.1 billion in 2017. We also signed a mutual recognition agreement for certain wines and spirits with the USA that will guarantee ongoing protection for Scotch whisky there. The UK has also signed trade continuity agreements with Chile, the Faroe Islands, Palestine, Israel and eastern and southern Africa states.

I can now answer the request for more information on the time and support available. An application could be made very quickly or old applications could be largely recycled. It is not possible to say how long the EU would take to consider an application but the UK would not charge any fees and nor does the EU. We would want to support businesses and work with them. I can talk to the hon. Member for Edinburgh North and Leith afterwards about some of the details because she has raised some important points.

To conclude, the Government are committed to ensuring effective arrangements are in place to protect GIs in the UK after we leave the European Union, enabling new registration to take place. The instrument is essential to achieve that. There are no substantive policy changes and only minimal modifications from the current EU regime. It includes the UK assuming powers that had been undertaken by the European Commission.

The instrument ensures continued levels of protection for this collection of GIs and assures consumers that they will still be able to procure products that meet the high standards to which they are accustomed. For those reasons, I commend the legislation to the Committee.

Question put.

Leaving the EU: Economic Impact of Proposed Deal

Deidre Brock Excerpts

Wednesday 20th February 2019 Commons Chamber

[Mel Stride]

The analysis needs to model the future political declaration, upon which the negotiations will rest. Of course, that is a relatively broad document with a number of potential outcomes. The analysis has quite rightly taken a range of possible outcomes to make that assessment and most accurately reflect the range of outcomes of where the deal itself may land.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Unlike the EEA or single market model, the PM’s deal assumes that regulatory checks will be essential to the proper functioning of separate EU and UK markets. Does not the Minister agree that we need to understand the impact of such trade barriers now?

[Mel Stride]

That is precisely what the analysis is setting out—a series of potential outcomes and the economic impacts thereof. Some Members are suggesting that we should analyse where we are at the moment, but that would not be appropriate given that we are leaving the European Union. At the same time, it has to be recognised that we have not yet fully concluded the new trading relationship with the European Union—the EU27—and therefore the analysis sets out a range of possible landing points for those negotiations.

HMRC Estate Transformation

Deidre Brock Excerpts

Tuesday 29th January 2019 Commons Chamber

[Mel Stride]

If we look at all the metrics, we can see that HMRC is doing extremely well on customer service at the moment, including time taken to answer telephone calls. There is always more to do, and we will continue to work at this, but it has a good record to date.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

HMRC’s New Waverley development in Edinburgh is being used for photo opportunities by Back-Bench Tory MPs even before it opens. We know that the office of the Secretary of State for Scotland and of the Advocate General for Scotland, the Office for Statistics Regulation, the Information Commissioner’s Office, the Government Actuary’s Department and Her Majesty’s Treasury are also moving in. Will the Minister tell us exactly how much this enormous white elephant is costing us, and to which other Departments HMRC will sub-let?

[Mel Stride]

The main thrust of the hon. Lady’s question seems to be to decry the fact that we are decanting more and more services into one location. There are many logical economic and business reasons why one would do exactly that. As for her charge that Conservative Back Benchers are going up to that location, I would suggest that that says they are very interested in these particular matters.

Scottish Economy

Deidre Brock Excerpts

Wednesday 27th June 2018 Westminster Hall

[Ged Killen]

Perhaps the hon. Lady will tell us in her remarks how her party intends to change employment law, if it is devolved to the Scottish Parliament.

Scotland suffers from under-investment. While the Scottish Government have produced many investment packages, they are often too small, too numerous and too unfocused to deliver the outcomes they are set up to achieve. Those are not my words but the conclusions of recent reports by the Fraser of Allander Institute and the Scottish Parliament’s Economy, Jobs and Fair Work Committee.

Under the current Scottish Government, we have had economic development plans governed by press release. Labour proposes real investment to correct the problems of stagnant labour productivity and GDP growth. We aim to stimulate investment more widely through a national plan that focuses long-term investment on local and national infrastructure, such as information, communication, services and production technologies, as well as in physical infrastructure, such as roads, buildings and town and city centres. That will not only correct the decade of under-investment that led to the productivity problem, but begin the vital future-proofing of the Scottish workforce against the challenges of automation and increasing digitalisation.

Furthermore, we plan to examine the possibility of public sector pension funds using their resources to establish a Scottish public provident fund, which could invest in local production and infrastructure, boost local supply chains and stimulate employment.

We will implement our industrial strategy and invest in Scotland’s economy. We will also encourage and incentivise firms in Scotland to raise the percentage of turnover invested in research and development. Scotland is only ninth in the UK in R&D spend per head, so such measures are sorely needed and will be vital in solving the productivity puzzle. Those kinds of investments will encourage the growth of new industries. An excellent example of that is CST Global in my constituency—a photonics manufacturer that I believe represents the future of jobs in Scotland.

CST Global has shown itself to be a significantly high-growth, high-skill business. It has sustained strong annual growth, with revenues increasing by 88% in a year to £6.7 million in 2017. It is a strong exporter, and the photonics industry is one of the UK’s most productive. On average, each employee in the sector contributes £62,000 to the economy in gross value per year—three times the UK average. These companies also have some of the highest export rates of any industry, exporting an average of 75% of their manufactured output.

Such companies are often city-based, and we would not typically expect them to be found in smaller towns, such as Blantyre in my constituency. However, CST Global has proven that that need not be the case; when conditions are right, those companies can not only do well but thrive in these places. CST Global is very welcome in Blantyre. Supporting such businesses is central to the investment-based economic model. If we want to see the future of the Scottish economy defined by high-skill, high-wage and high-tech jobs, we have to invest.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

If the hon. Gentleman is genuinely interested in growing the Scottish economy, he should support the devolution of powers to set VAT and national insurance rates, and to collect fuel duties, capital gains tax, interest on dividends and export duties, as well as all the other powers that the Scottish Parliament does not possess and is therefore unable to use to grow our economy.

[Ged Killen]

It is nice to see that both the hon. Lady and her favourite pantomime villains have turned up to continue the set-to that we often see in the Chamber. I am here to make a speech on what I believe is right for the Scottish economy. She will clearly disagree on several areas, and she can set those out in her remarks. As always for SNP Members, independence is the answer, no matter the question. I am surprised to hear SNP Members now talk about devolution so much, given that they have always opposed it. [Interruption.]

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[Luke Graham]

That is why we are having a debate in this place—because growth is the responsibility of the United Kingdom. The problem is the claims of the SNP Administration that they champion economic growth in Scotland. Scottish Enterprise is devolved. Much of the tourism is devolved. The scream for powers has meant that so many levers have been denied to this place and put into Edinburgh. Although I agree that accountability —[Interruption.] If you want to make an intervention, stand up and make one, madam.

[Deidre Brock]

I will.

[Luke Graham]

Come on then.

[Deidre Brock]

I am just going to repeat what I said before: the setting of VAT rates, national insurance, fuel duties, capital gains tax are not devolved to the Scottish Parliament and therefore can have no impact on the economic powers that the hon. Gentleman is talking about.

[Luke Graham]

The hon. Lady repeats the point, and it is as weak as it was the first time.

The Scottish economy is not forecast to grow by more than 1% at any stage over the next five years. As a result, the Scottish economy will be more than £18 billion smaller by 2022. It is not helped one iota by any devolved power, whereas in this place we have been trying to help the Scottish economy.

Windrush: 70th Anniversary

Deidre Brock Excerpts

Thursday 14th June 2018 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

It has been a real pleasure to sit here and listen to the many excellent contributions made today. I particularly commend the hon. Member for Dulwich and West Norwood (Helen Hayes) for securing this debate and for setting out very movingly some of the experiences of the Windrush generation and their descendants. I want to celebrate another outstanding speech by the right hon. Member for Tottenham (Mr Lammy), which was, yet again, brimming with humanity, compassion and, quite rightly, anger. In his typically eloquent speech, my hon. Friend the Member for Glenrothes (Peter Grant) challenged definitions of identity and reminded us that in the end we really are all Jock Tamson’s bairns.

The hon. Member for Bath (Wera Hobhouse) made a very good contribution in which she pointed out that focusing on immigration statistics is dehumanising. We should be hearing the stories behind those statistics to truly understand the situation. We all have a responsibility as MPs to celebrate the enormous contributions made by immigrants to our society, and not to harass them constantly. I thank the hon. Member for Brent Central (Dawn Butler) for sharing with us the experiences of her father, illustrating better than any number of speeches what matters in this debate—the people behind the figures.

There is a real irony, as has been mentioned, in the fact that Windrush is such a poetic word and yet has now become the byword for a record of racism, intolerance, injustice and lack of compassion. People in general do not really want much. They want somewhere safe and comfortable to live, the means to put some food on the table and to keep the heating and lighting on, and the reassurance that they are not about to be lifted from their comfortable house and flung away to a country they have never known or have not lived in for decades. Arming them with a wee booklet that says, “Try to fit in; pretend you’re from there” is not exactly a substitute for assuring them of a right to live here. Denying people healthcare—that has been mentioned already—and the opportunity to secure a tenancy on a house, have access to education or the right to work, just because they or their parents did not keep their payslips going back 50 years, is simply repugnant. It is not good Government policy, it is not good social or economic policy, and it does not achieve anything other than turning people into outsiders in their own communities. It is xenophobic, racist and it should end.

I was born in a Commonwealth country, but I have had none of the problems that other people report in our surgeries or in emails and letters. Perhaps that is simply because I am white and Australian, or because my English father passes on his rights to me—a privilege not extended to some people who were born here because their families chose to move here. Whatever the reason, I do not get the hassle, and I do not suffer the prejudice that others receive on what often seems like a daily basis. Such prejudice is simply horrific and can easily be described as base mob thuggery, but the horrific part is that the Government are the gang leaders. I applaud the Government for the small steps they have taken to address the issues faced by the Windrush generation, but they do not go nearly far enough. I encourage Ministers to gather their courage and plough on with getting a fair deal for people who have built lives here and contributed to society and the economy, as well as to Government coffers.

For me, the line in the sand is this: the old Immigration Act 1971 should go. Its arbitrary cut-off point has no sense—January 1 1973 has become an immigration shibboleth, and a new totem for staying tough on immigration. It is ludicrous. I have constituents—I am sure we all do—who arrived here with the same ideas as the Windrush people. They came to build a life and contribute to the economy. They had families, paid taxes and made this country a better place. However, because they arrived after the magic date, they are now in limbo. Many of them will be buried in graveyards on these islands without ever having officially become a citizen. They have children who are now adults, and those adults now contribute to society, paying taxes, driving the economy, and making their contribution to the patchwork that is society. They were born and educated in the UK; they work and bring up families in the UK, but they are not citizens of the UK. They may tend the graves of their parents in the land their parents adopted—the only land they have ever known—but they have fewer rights of residence than their parents did when they first set foot in the UK. It is a strange and unusual policy.

Leaving aside the daft hoops and labyrinthine processes that the Government have invented for people who need to prove that they have lived here long enough to be regarded as “one of us”, the arbitrary date is nonsense and exists only because that is the day some outdated legislation came into force. It is the new pale, and those who are beyond it, through no fault of their own, are regarded as “other” by the machinery of state. They are regarded as a problem to be addressed, or as an annoying inconvenience by the state that should be protecting and nurturing them, and utilising their talents.

The response is always that there must be a cut-off point. I disagree, but I hear the argument, so let us have a cut-off point. Let us make it the same as that for EU citizens. If someone can show that they have been living here legally for five years, they can be a citizen. Let people show that they have contributed to society in some way—perhaps by bringing up a family, volunteering, paying taxes or keeping a home for someone else who does those things. There should not be a fee for someone to become part of their adopted country. While we are at it, let us get rid of the stupid tests that people are forced to go through as if they are appearing in a theatrical farce. It is time to step up and sort out this maelstrom of stupidity, so I urge the Minister: let us have a bonfire of these immigration vanities, and let us have some decency for people who are part of the fabric of our communities. Let Windrush stand for something other than prejudice and mistrust; let it stand for the time when sense prevailed and humanity became the underpinning element of immigration policy.

Social Mobility and the Economy

Deidre Brock Excerpts

Wednesday 28th March 2018 Westminster Hall

[Justine Greening]

I could not agree with my hon. Friend more. We face a simple but powerful problem: talent is spread evenly across the country, but opportunity is not. We need to ensure that we nurture that talent. I share his concern that educational attainment in Scotland looks like it is slipping backwards relative to the rest of the UK.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

In response to the point made by the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), it is important to point out that the UCAS website says that

“in Scotland, around one third of admissions are not processed through UCAS, so this provides only part of the picture of entry to higher education”.

That should be placed on the record and hon. Members should keep it in mind. It is important not to do down Scottish education, because there are many positive things about it. A higher percentage of our students who attend university have been to further education courses first, which is not picked up by the UCAS stats either.

[Justine Greening]

A lot of hon. Members, particularly Conservative Members, would dispute those facts.

I recognise that there is an important debate to be had on higher education, but I want to focus my comments on business and the economy because business has a key role to play in improving social mobility in our country. Today, I am asking businesses large and small to commit to a universal social mobility pledge.

I hugely thank David Harrison and the Harrison Centre for Social Mobility for crucially supporting the work to enable us to launch the pledge today. The social mobility pledge is about three things: partnership between schools and businesses; businesses offering access to work experience or apprenticeships; and businesses having recruitment practices that are transparent and open, to promote a level playing field for talent.

First, partnering with schools is something that every single company, big or small, can do. It does not have to be hard. Some outstanding organisations are already providing a platform for action, and the resources needed for companies and businesses to make a start: Speakers for Schools; Inspiring the Future; the Careers and Enterprise Company; and the Prince’s Trust, which is setting up the e-mentor scheme, to name just a few. A lot of these organisations want to do more working through business, and they also want to do that in locations outside London and the south-east, where young people often have fewer opportunities. However, we need the fantastic employers in those areas to come forward to help make that happen.

Some great organisations are doing amazing work on access to work experience and apprenticeships, such as the Social Mobility Business Partnership, which can help. I also say a massive “thank you” to Barry Matthews, who set up the SMBP, for his help in working with me recently to help put together the social mobility pledge, so that companies large and small can get behind it. The Social Mobility Foundation does a huge amount of great work. Alongside that is the Sutton Trust, which I mentioned earlier and which has pioneered so many of the great initiatives that we have learned from and that companies can get involved in.

All companies can make a decision to open their doors and let young people who might not have any idea about that organisation come in and spend time learning about it, shadowing people and working on projects that give them a sense of what working in those careers is like.

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[Deidre Brock (Edinburgh North and Leith) (SNP)]

It is a pleasure to serve under your chairship, Mr Davies. I commend the right hon. Member for Putney (Justine Greening) for holding this debate on an important topic. One thing she said that rang true with me was that when she started out, she was not asking for special treatment, she just wanted the same opportunities as everyone else. That is such an important point to make. She spoke of the significant gains to the economy from nurturing its talent and the part that businesses have to play in that. That is crucial as well. She also set out some interesting proposals that might address that, along with her pledge, and made some points about blind and contextual CVs. As she said, we all have our part to play. She spoke of a million-piece jigsaw puzzle, which is a good image for us to take away. We should all play our part in trying to make social mobility possible for our young people and others throughout society.

The hon. Member for Rotherham (Sarah Champion) spoke of the importance of economic regeneration and the part that that plays in social mobility. She highlighted this Government’s cuts to school funding and talked of the gaps in productivity, and asked how training can be provided urgently to fill those gaps.

The hon. Member for Chichester (Gillian Keegan) shared her personal experiences with us. I always find such points very interesting. She spoke at length of the benefit of apprenticeships, but stressed the importance of them being high-value apprenticeships, which is another good point.

The hon. Member for Mitcham and Morden (Siobhain McDonagh) gave a passionate speech. She spoke of poor accommodation, poor schooling and the social systems that put children “far behind the starting line” before they even start. That is a very good point indeed. She spoke of the effect on young people’s confidence and feelings of security, and the longer term impact on them.

The right hon. Member for Bexleyheath and Crayford (David Evennett) also spoke of personal experiences and how the opportunities he received helped him along his way. He called for everyone to receive the same opportunities. He made one point that really startled me: that only 6% of doctors come from working-class backgrounds. That is an extraordinary and sobering point.

The hon. Member for Barnsley East (Stephanie Peacock) pointed out that less than 10% of young people in her constituency will go on to university. She suggested that what was needed was an inclusive economy with secure employment that allows for future planning.

My hon. Friend the Member for Glasgow East (David Linden), in a very fine speech, also talked about the importance of investing in apprenticeships and of fair pay for those apprenticeships, and about what he is doing personally as a politician with the internship scheme in his office. That is a great example to set. He also spoke of how social tourism can help in taking children away from their day-to-day environment and exposing them to different experiences.

In preparation for this debate, I turned to the “State of the Nation” report with interest, anticipating a thoroughly good read. The chapter on Scotland and Wales—neither nation got its own chapter, unfortunately— pointed out right at the start that the data available for Scotland does not measure social mobility, nor does the data for Wales. It seems that that is because successive Scottish Administrations have concentrated on alleviating poverty rather than measuring social mobility. Of course, alleviating poverty is not easy if the Government are hellbent on cutting social security payments and limiting the funds available to the most vulnerable members of society for ideological reasons. So we find ourselves discussing England and its problems again. The Social Mobility Commission’s “Time for change” report was clear that two decades of chasing higher social mobility have made no difference. Fervent ministerial announcements turn out not to deliver results—who would have thought it?

It is important to acknowledge that when the right hon. Member for Putney was in office she put in place a plan for addressing some educational inequalities, and it appears to have been well received. I admit that I have not read it because it concentrates on English education, but I was intrigued to see that it followed the Scottish Government down the path of addressing the attainment gap. That is a very good thing and is to be encouraged. I hope the Minister will indicate whether that plan will be implemented.

As many, many people tell us at great length, education is one of the great levellers. It is key to ensuring that talent rises and talented people are rewarded. How education is paid for is equally important. I was intrigued by the recent publication of evidence from Robert Plomin and Emily Smith-Woolley of King’s College, which showed that selective schools add next to no benefit to education. Funnily enough, the “Freakonomics” economist Steven Levitt found the same thing in Chicago.

The real inhibitor of social mobility in education comes when a young adult leaves tertiary education. The burden of student loans that graduates carry is substantial. I think I am correct in calculating that an English student studying in London for three years could leave with more than £60,000 of debt. For someone from a less affluent background who secures employment in a graduate entry-level job, that debt will stay with them for years.

[Luke Graham]

Setting aside the discourtesy of not being mentioned in the hon. Lady’s summation—I am a Scottish Conservative colleague, but that is fine—on tuition fees, perhaps she can advise her colleagues in Edinburgh truly to lead the way and not charge tuition fees to English, Welsh and Irish students, who are great friends in our one United Kingdom.

[Deidre Brock]

That point has been made many times by the hon. Gentleman’s colleagues, and he has heard the very good reasons why that is not happening. He wants me to mention his contribution, but I find it difficult to get past the fact that, once again, the Scottish Tories talked down the Scottish education system. It is a constant disappointment that every time they mention Scottish education in this place, they do nothing but complain about the work that is being done there. Some fantastic work is going on in Scottish education at the moment, and it would be lovely to hear the Scottish Tories occasionally acknowledge that.

[David Linden]

Does my hon. Friend share my bemusement about the fact that the Scottish Tories who are left in this debate—two thirds of them have left the Chamber—continue to harp on about investing in education, yet they rail against any increases in income tax for higher earners in Scotland? The options are either to increase income tax or to cut public spending, which would mean cuts to education. Does she agree that the position of the Conservative party in Scotland seems ridiculous?

[Deidre Brock]

Indeed. I agree with my hon. Friend. It is difficult to see exactly where the Scottish Tories are coming from on this—they are so confused.

For someone from a less affluent background who secures employment in a graduate entry-level job, that debt will stay with them for years. That is if they even manage to get what we once would have considered a graduate job. One in 20 graduates do not find any work at all, and the destinations of others is often less than optimal.

During the time that graduates carry that debt, they have less disposable income, their contribution to the economy is lessened, they find it more difficult to get on to the property ladder, decisions about starting a family are made more difficult, and their career decisions are limited. When they have children, that disadvantage is passed on, because they will not have advanced as far in life as they might have done if they did not have to carry that debt. It might be advisable for anyone who believes in improving social mobility to look at removing or alleviating that debt. Abolishing tuition fees would be a start.

To digress a little, I recommend that Members read the Joseph Rowntree Foundation’s paper on migration and social mobility from 2005, which suggests that immigration encourages social mobility in the UK. That is on top of what we know already.

[Siobhain McDonagh]

If I could take the hon. Lady to my constituency, I would take her to homes where there is not a stick of furniture. In those homes are Tamil and African families, whose children are the doctors, lawyers and engineers of tomorrow. Social mobility is an issue of class and ethnicity. That is difficult for us to talk about, but in London we certainly need to talk about it.

[Deidre Brock]

I thank the hon. Lady for that interesting point about her constituency. We already know that immigration is a driver of the economy, and I would recommend a dose of extra immigration to any nation that wants to forge ahead.

European Affairs

Deidre Brock Excerpts

Thursday 15th March 2018 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Brexit—what a success it’s been, eh? The restoration of greatness is upon this sceptred isle. Except, it’s not. When we finally got some sight of what the Government thought might be the economic impact of Brexit, it was horrific. It was even more horrific given that the Government had exhibited some worrying signs of being massively optimistic about Brexit, when more sober heads could not see much reason to be optimistic at all.

Geographical analysis suggests that we are getting the rather unpleasant end of a sharp stick and sectoral analysis suggests that the stick is sharper than it should be. The Financial Times, as we have heard, estimated the cost as being about the same as the side of a red bus. We should not take a journalist’s word for it, though; the right hon. Member for Broxtowe (Anna Soubry) spoke of the OBR’s improved forecasts, but we should recognise that its growth forecasts for this year, next year and the year after are about a third down on the forecasts made in March 2016 for the same years.

The Scottish Affairs Committee has been taking evidence on the impact of Brexit on the immigration Scotland needs, so I will confine most of my remarks to that. There simply is not any organisation coming to the Committee and saying it thinks it is a good idea that we are leaving the EU or that there are fabulous opportunities waiting for us just around the corner. We are hearing from no one who thinks that our economy is going to be bolstered by losing access to the customs union and the single market and definitely no one who thinks that cutting immigration is a good thing.

CBI Scotland says that the Brexit referendum was the stepping-off point for its members putting the prospect of new immigration rules and the uncertainty that has surrounded the status of EU workers at the top of their concerns. The CBI also said that EU nationals make a vital contribution to the Scottish economy.

The same argument was made by the National Farmers Union of Scotland, which pointed to the thousands of agricultural workers from the rest of the EU who keep Scotland’s farms working. I assume that there are many similar stories to be told elsewhere. Jonnie Hall of the NFUS pointed out that our veterinary services in Scotland depend greatly on people who are trained in other EU countries, and that our haulage industry depends on drivers from elsewhere in Europe. Associated industries all rely on EU citizens coming here and working to make sure that our agricultural products get to market.

Skilled jobs need to be done, and we do not have enough skilled people in the UK to do them. It is not a case of employers importing cheap labour to undercut workers here, as the leader of the Labour party suggested in Dundee last week. It is a case of there not being the workers here to do the jobs that need doing. We have already heard stories of crops rotting in the fields because there were not the workers to pick them, as a result of EU citizens not coming to work the fields, and that is before the restrictions bite.

As Jonnie Hall pointed out, the damage is being done before the promised sunny uplands come into view. He said:

“We have experience of our members who have very, very high-value crops in the field that have simply rotted over the winter because there has not been the labour to pick the vegetables. We are always being told by Mr Gove that we will be driving an agricultural industry that is based on new technology. We are yet to discover the technology that can recognise and pick the right crop at the right time as effectively as a human being can.”

The food and drink industries are major players in Scotland’s economy, and this is the agriculture sector telling us that we need immigration to be easy to administer and freely available. Losing the freedom of movement of EU citizens is a disaster for agriculture, and farmers need a replacement quickly.

The NFUS has come up with a solution that might assist. Mr Hall told us that the NFUS has had conversations with the Scottish Government, the Department for Environment, Food and Rural Affairs and other Departments, but the door it simply cannot open is the Home Office’s—the one door it really needs to open. That needs to be fixed, and I hope the Minister can at least give some assurance of assistance.

Our food prices are already being adversely affected by the weakness of the pound and increasing import costs. Families the length and breadth of these islands cannot afford price increases caused by scarcities because farmers cannot get their crops in from the fields. Our agricultural economy needs to be protected and nurtured, and that needs freedom of movement. I am reminded of a speech given by the then Environment Secretary, the current Leader of the House, in a speech in Paris in October 2016, when she said that we would address the economic chaos of Brexit by selling food around the world. Unless she meant that we would offer countries a pick-your-own deal, I am not sure we can sell food that stays in the fields.

The same story is coming through from other sectors. Academia, scientific research and financial services all rely heavily on EU citizens as well as the EU marketplace to make the economy work. Without freedom of movement, we have economic meltdown. Taking back control appears to be the equivalent of being a child sitting in the back of the car with a toy steering wheel—you have the impression of power, but it is just a plastic wheel spinning round and round.

There has been far too much overconfidence from the Government and not nearly enough hard work and proper dedication to the task. Brexit is a disaster and will continue to be the most costly and damaging political decision any Government have made in modern times unless we stop it. Let us end it. For pity’s sake and for the sake of the people we represent, let us find a proper accommodation in the EU.

Christmas Adjournment

Deidre Brock Excerpts

Thursday 21st December 2017 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I am going to start by sounding a bit “Bah, humbug”—I will save my felicitations for the end—but I want to raise an important subject. It relates to the Delegated Legislation Committee that I was in on Tuesday, which was considering both the new date for disclosures about donations to the Northern Ireland parties and treating such donations in the same way as donations to other parties. It is a long-running issue that was first suggested a decade ago, but successive Ministers have kicked the issue down the road over the years.

The revelations about the large donation to the Democratic Unionist party for Brexit campaigning, made from Scotland through Northern Ireland, presumably to avoid the usual reporting restrictions, forced the hand of the current Government, and the secondary legislation that we were considering on Tuesday was presented. That donation was £435,000 from the Constitutional Research Council. The organisation is based in Scotland, but none of us in Scottish politics had heard of it before. However, I note that it has links to the Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker), who I believe received some thousands of pounds on behalf of the European Research Group—the Conservatives’ extreme Brexit wing.

During the proceedings on Tuesday, the Under-Secretary of State for Northern Ireland, the hon. Member for Norwich North (Chloe Smith), told the Committee that she had consulted the Electoral Commission in Northern Ireland, as she was obliged to do, and she gave the impression that the commission was in agreement with the Government on the date of commencement. She said:

“I hope that the Committee has found that summary of the provisions helpful. As hon. Members know, the Electoral Commission will be responsible for implementing the arrangements set out in the draft order. The Government have fulfilled our statutory obligation to consult the commission about the draft order; I place on the record my thanks to the commission and its staff for their close co-operation and constructive input into the drafting process.”—[Official Report, Third Delegated Legislation Committee, 19 December 2017; c. 5.]

My office contacted the commission yesterday and was told that it remains of the opinion that the start date for open reporting should be 1 January 2014, rather than the new date of 1 July this year. That is important because the commission still wants the appropriate date to be the one that is in legislation passed by this Parliament. That legislation was intended to normalise the reporting of donations and loans to Northern Irish parties and to make it difficult to channel money secretly into politics.

We are all well aware of the need for transparency in politics and of the need to avoid corruption and to be seen to be avoiding corruption, and we trust the Electoral Commission to do its job and ensure that the rules are followed. Its staff are the experts in this field, and while I am aware that experts are not in favour in some parts of this House, we can surely agree that we should take the advice of the Electoral Commission on matters pertaining to donations and loans to political parties.

It is unfortunate that the Minister gave the impression on Tuesday that she had the commission’s agreement, when it is clear that she did not and does not. I hope that she will take the opportunity to clarify the situation to the House and for the record. Meanwhile, since it is clear that the commission remains opposed to the new date presented in secondary legislation and since the regulations have not yet been presented on the Floor of the House for approval, I wonder whether the Minister might reconsider her position and defer the introduction of these regulations until the Government have had sufficient time to consult properly on the most appropriate date for the proper and full reporting of donations and loans in Northern Ireland to start.

Reporting was originally supposed to start from 2007, and a Government consultation in 2010 showed that more than three quarters of respondents in Northern Ireland wanted it to go ahead, but I am afraid that it was fudged. It was deferred and put back on the shelf, and eventually new legislation, the Northern Ireland (Miscellaneous Provisions) Act 2014, set a new date of 1 January 2014. We should see that date honoured.

I hope that the Minister intends to address the wrongful impression given to the Committee that the commission agreed with the new date and that she will withdraw the regulations presented and take time to undertake a proper and full consultation on them, so that we get a date that satisfies the intent behind the legislation. We must avoid corruption and any danger of leaving the impression that there might be something to hide. It is vital that a debate on this issue be scheduled in the House in the new year.

On that rather sombre note, I would like to wish everyone in the House, all the officers, you, Mr Speaker, and the Deputy Speakers, who have been so helpful to us all throughout the year, “Nollaig chridheil agus bliadhna mhath ùr”, which is Scottish Gaelic for, “Merry Christmas and happy new year.” I particularly want to send my thoughts and best wishes to the Chairman of Ways and Means. I am fond of the gentleman and was very sad to hear of his difficulties. I wish him and his family all the best.

[Mr Speaker]

Thank you very much.

Public Country-by-country Reporting

Deidre Brock Excerpts

Wednesday 22nd November 2017 Westminster Hall

[Deidre Brock (Edinburgh North and Leith) (SNP)]

It is a pleasure to serve under your chairship, Mrs Main. I commend my former colleague on the Public Accounts Committee, the hon. Member for Amber Valley (Nigel Mills), for securing this debate and adding his voice to calls for—I think this was his phrase—the clear sunlight of transparency, for territory-by-territory reporting, and for the UK to show the world that it leads on this issue by example. I particularly noted his comments on how companies already have significantly greater requirements nowadays to comply with duties such as corporate social responsibility, and his questioning of how those responsibilities differ from their responsibilities to pay tax.

It is also important to recognise the contribution made by the right hon. Member for Don Valley (Caroline Flint) over the past few years. She, too, has done much to make sure that the issue has stayed front and centre. I particularly note the concessions that she squeezed out of the Treasury last year, including the amendment to the Finance Bill that paved the way for more transparency. I also recognise the right hon. Member for Barking (Dame Margaret Hodge) and all the work that she did in her time as Chair of the Public Accounts Committee.

The right hon. Member for Don Valley spoke of the increasing number of investors calling for companies to come clean over the amounts of tax they pay, and of the significant reputational damage that they can suffer if found wanting. That is a really important point. She also asked how many countries need to sign up to greater transparency before the crest of the wave is high enough to force real action. The right hon. Member for Barking noted and welcomed the cross-party nature of the support for these proposals that has been a distinguishing feature of all the debates around this issue. She called for leadership and a real willingness to step up as the first country to really take on these measures.

[Jim Shannon (Strangford) (DUP)]

Does the hon. Lady agree that it is essential that multinational companies simply do the right thing and pay what they owe for the benefit of the nation—something that small and medium-sized businesses do throughout this nation every day of the week? Such payments allow them to have the freedom to trade and make money. There is a moral obligation to deliver those payments, and they should.

[Deidre Brock]

I echo the hon. Gentleman’s call, and agree that there is a moral obligation. We clearly need rigorous regulation, to create a tax system that is fair and works for everyone. The hon. Member for Ealing Central and Acton (Dr Huq) spoke of offshore financial transparency, or lack thereof. She referenced the Paradise and Panama papers, and called for the long-awaited anti-corruption strategy to be instated as soon as possible. It will be interesting to hear the Minister respond to that point.

It is also appropriate to note the action—small, but welcome—announced by the Chancellor today about assessing the activities of firms trading here. It is not enough, but it is a start. Profit-shifters—the shape-shifters of the corporate world—seem only too glad to accept the benefits that come from operating in our communities, such as policing, road maintenance, street lighting, and so on, but seem far more reluctant to pay their share of the costs. I appreciate that there are people—some of whom are, or have been, legislators in this Parliament—who also stash cash offshore or use interesting, tortuous schemes to avoid paying tax. Successive Governments have not done enough to stop them. However, corporations that routinely play the three-card trick with their profits are truly appalling. As the right hon. Member for Barking mentioned, the excuses that are routinely offered by Apple, Starbucks, Google, Amazon, and the rest—that they abide by the letter of the law and pay what is demanded of them—stink. Legal or not, the behaviours that they exhibit are immoral; they should be willing to pay for the services they receive.

Paying taxes is the price of getting society’s benefits. Companies should be willing to pay, and Governments should be forcing them to pay. Enforcement has to get harder, and investigations have to be tougher. Instead of having so many civil servants chasing down benefits claimants, for example, the Government really must invest more time in the pursuit of tax-dodgers. It is just not good enough that there only 522 officers in Her Majesty’s Revenue and Customs’ high net-worth unit, and only 518 in the affluent unit. That, of course, measures up against the more than 4,000 officers that the Department for Work and Pensions has, chasing those on benefits for a few pennies here and there. That is not only immoral, but not even good value for money.

Individuals and corporations that dodge tax need to be brought to book, and Governments need to be hunting them. We need international co-operation to get better results—we could have done with staying in the EU for that, of course—but Governments can and should act now, by starting to force the issue and taxing them properly. Billions of pounds in lost revenue is a huge gap that needs to be closed.

Scottish Devolution and Article 50

Deidre Brock Excerpts

Wednesday 15th March 2017 Westminster Hall

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I beg to move,

That this House has considered the implications for the Scottish devolution settlement of triggering Article 50.

It is a great pleasure to serve under your chairship, Mr Gray. I have to say that this debate has taken on a bit of a different taste in the past few days. On Monday morning, I was quite clear about what we would have to discuss, but by lunchtime my party leader, as well as the Prime Minister, had rather knocked me off my stride. She does that sometimes—she is pretty good. I find myself coming back to the basics of the debate and considering what it is we really need to know: what is in store for Scotland?

If Members will allow me, I will keep things a bit sober and restrained so that we can have a sensible discussion of the issues, which I consider to be extremely important. Over the past few months we have asked questions about the Government’s approach to, hopes for and starting position in the negotiations over the UK’s leaving the EU. I am afraid we have received no substantive answers, which has led some people less charitable than me to suggest that the Government do not know the answers to those questions. I would never suggest such a thing—not yet, anyway.

The point of fracture for me came at the Scottish Tory conference in Perth, where the Prime Minister did two things in her speech. The first was to claim that Scotland has the most powerful devolved legislature in the world and the second was to suggest that competencies repatriated—if that is the correct word—from the EU will be exercised in Whitehall rather than in Edinburgh, Cardiff or Belfast.

Let me first address the idea that Scotland has the most powerful devolved legislature in the world. I have seen no evidence to support that claim, although it has been made repeatedly over a number of years. I have seen no comparison made that supports such a suggestion, nor any indication of the definition of a devolved legislature being used. I cannot but think that there are more powerful examples of sub-state bodies, such as the German Länder and the Australian states and territories, which would better fit that description. Anyway, it strikes me that we should not care whether Scotland is the most powerful devolved legislature in the world; we should be asking whether the arrangements—current and proposed—are what best suit Scotland’s needs.

I will argue that Scotland should be independent, because I believe we have a different outlook on public life from that of the fine people south of the border. Our public discourse is different and our values and societies are different. I understand that people on the other side of the debate will see it in a different light: they look at the issue from a UK point of view and decide that Scotland is better where it is. They are entitled to do that. In my view they are entirely wrong, but they are entitled to be wrong and to support the continuation of the UK rather than the re-emergence of its constituent nations.

The idea of the most powerful devolved legislature in the world brings us to the point about where power should rest. In the early days of devolution, some believed that they had squared the circle and that the separation of policy areas that should be reserved and those left devolved was finalised. We discovered fairly quickly, however, that that was not the case and that the issue had to be revisited. The prediction of Ron Davies, the one-time Welsh Secretary, came to pass. Devolution is a process, not an event.

The extension of devolution, by the way, was described by the previous leader of the Scottish Conservatives as the most important debate in the Scottish Parliament. Interestingly, she said that at a time when a Labour Scottish Secretary, Des Browne, was busy trying to strip powers from Holyrood—presumably because the Scottish National party had won the Scottish election in 2007. The upshot was an extension rather than a constriction of the competencies of the Scottish Parliament, and the debate continued. In policy area after policy area, power and competency has been ceded to Holyrood as it becomes clear—even to those opposed to any further devolution—that those powers and competencies are best exercised in Scotland. It is a process, not an event.

[Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)]

The hon. Lady has secured an important debate. When the UK devolution settlements were designed in 1998, there was no thought of Brexit and, at that time, the single market was the European single market. After Brexit, the single market will be the UK single market—at the moment, because Scotland is not independent. How does she believe that will work in agriculture, fisheries and other policy areas?

[Deidre Brock]

The hon. Gentleman will be pleased to hear that I will address that later in my speech.

Now we find ourselves about to leave the European Union, the Prime Minister is making the threat of removing competencies from Holyrood as they come back from Brussels; other than that, we do not really have any idea of what she is planning. Leaving the European Union means that the Scotland Act 1998 must be revisited, because it compels Scotland to comply with EU law. The clawing back of powers and competencies from Holyrood to Whitehall, as suggested by the Prime Minister, would also require amendments to that Act.

If Members want to understand exactly how much disentanglement there will be, they should ask the Commons Library, as I did. They will be told that there is a huge number of directives and regulations to look through and that to come up with a definitive figure, list or even idea of what is reserved and what remains devolved is, to all intents and purposes, a fool’s errand.

To give an example, there are 527 regulations under the environment, consumer and health sections alone, and there are a whole host of environmental regulations under other headings such as “energy”. I do not know whether the Scotland Office has been working to draw up a list—or the Wales Office or the Northern Ireland Office for that matter. It would be good to be told, but it is clear that there is an enormous amount of work to be done and an enormous amount of legislation to comb through. Sifting that, considering it, deciding where to lay it and working it out will need a new Scotland Act.

It is true that the Government could use section 30 of the 1998 Act further to reserve powers over those areas currently under EU control, but that would seem frankly perverse if the Act has to be amended in any case. That seems simple, but when I asked the Prime Minister last week whether she would consult the people of Scotland properly and seek the consent of the Scottish Parliament before making changes to the legislation that frames devolution, she seemed perplexed. Her answer to me was that she undertakes

“full discussions with the Scottish Government on…reserved matters and…where we are negotiating on behalf of the whole of the United Kingdom.”—[Official Report, 8 March 2017; Vol. 622, c. 808.]

However, we discovered on Monday that that is simply not true. Scotland’s First Minister was clear that none of the devolved Administrations had heard a peep from the UK Government before the announcement that we are all being dragged out of the single market, in spite of that being the major part of the Scottish Government’s compromise proposal on Brexit.

There is a sweetheart deal for Nissan, but no discussion of Scotland’s needs—far less any movement to accommodate those needs. Membership of the single market is vital for Scotland’s exports, and essential to the exercise of the economic competencies of the Scottish Parliament and to the future of many Scottish businesses. An immigration system that offers EU citizens the right to come to Scotland to live, work, study and settle down is essential to our continuing to grow a population that is economically active and demographically sustainable, as was discussed in the recent Scottish Affairs Committee debate. Academic research and the excellent record of Scotland’s universities is under threat, because Brexit will cut them off from an enormous research funder and from the universities they co-operate with on the continent, not to mention the academics who come to Scotland from elsewhere in the EU.

The implications for Scotland of triggering article 50 are enormous and deep-seated and, whichever way things go, they will have a long half-life. We have heard the glib “Brexit means Brexit”, that it will be red, white and blue and that there will be no running commentary, but I am beginning to suspect that there is no running anything behind Whitehall’s firmly closed doors. It is time that the Government started to lay out what Brexit actually means in terms of implications for the people who live on these islands, rather than continuing use of tautology.

[Tommy Sheppard (Edinburgh East) (SNP)]

My hon. Friend is making an excellent case. Does she agree that those people—the minority—in Scotland who voted to leave the European Union did so hoping that they would see a transfer of powers back from Brussels to Edinburgh and that they will be dismayed that they are getting a transfer of powers from Brussels to Westminster? Does that not do a disservice to those no voters in Scotland as well as disrespecting the entire country, which took a different view?

[Deidre Brock]

My hon. Friend makes an excellent point that I completely agree with. The National Farmers Union of Scotland shares many of his views. It has told me that Brexit is the biggest challenge to Scottish food producers in generations. Farmers, food processing companies and hauliers need migrant workers, access to European markets and guarantees on future financial support. Many of Scotland’s farmers depend on that financial support to remain solvent.

The NFUS is clear that the issue should be in the purview of the Scottish Government, and that the cash should follow that competency. That would be around £600 million a year, or £3.5 billion over the current seven-year cycle. More than 20,000 businesses in Scotland receive common agricultural policy payments, and more than 3,000 of those receive less than £1,000 each; that is subsistence, not luxury. We have no idea what the Government intend to happen—whether the cash will be ponied up for our farmers or what other support is in the pipeline.

We all know that the Government are sick and fed up of having to think about the fate of European citizens here and want it tied to UK citizens abroad—the very definition of bargaining chips. We know that because the Prime Minister keeps telling us. Scotland needs those citizens. Half of Scotland’s population growth in the past 15 years has come from EU citizens, who have come and made a huge contribution to the country. Four fifths of them are of working age, and four fifths of those are employed. They drive Scotland’s economy and contribute taxes, which are of course to be collected for the Scottish Government from April. Scotland cannot hang on and hope that we get something for those people. We need it now because they need it now, so that they can plan ahead rather than planning to leave.

We do not need warm words and vague hopes that a deal can be done, but straightforward action, and now. Scotland needs the UK Government to make the necessary changes now to give EU nationals continuing legal rights—of residence, movement, economic activity and study—that would need legislation to be removed, not a promise to look at it sometime in the future. That is what Scotland needs, what the Scottish economy needs, what Scotland’s public sector workforce needs and what the devolution settlement needs.

If the UK Government want to make a decent fist of Brexit, they have to start being honest. The Prime Minister has to stop telling us that she is consulting with the devolved Administrations when she clearly is not.

[Steven Paterson (Stirling) (SNP)]

My hon. Friend makes a very good point. Does she share my concerns that, during the passage of the Scotland Act 2016, any amendment proposed by our party, the Scottish National party—which, after all, represents 56 out of 59 Scottish constituencies—was voted down by the UK Government? That does not augur well for the future when it comes to whether the UK Government are prepared to listen to the arguments coming from Scotland.

[Deidre Brock]

My hon. Friend makes an excellent point; what he mentioned sets a very poor precedent. When we see no action, that makes all of us doubt very much the warm words we continually hear from the Government.

We need a clear indication of what is ahead and what direction the UK Government intend to take. Further to that, we need guarantees that the Scottish people will be properly consulted and that the Scottish Parliament will be asked for its consent, just as the First Minister will ask for its consent next week when seeking a section 30 agreement. If the Prime Minister and her Government do not want to come to the negotiating table with the devolved Administration, we should be told, so that we can prepare for the coming independence referendum. It would be foolish of anyone to assume that that is an empty bluff, or that there is anything other than a hard edge to Nicola Sturgeon’s statement on Monday. The Scottish Government entered into Brexit negotiations in good faith and were met with a brick wall of intransigence. That is simply not good enough. Scotland’s interests need to be defended, and Scotland needs a future we can look to with hope.

There is time for the UK Government to salvage the situation. They can pick up the phone, speak to the Scottish Government and make a compromise deal. However, if they want to keep the UK together, they had better move soon. The Scottish Government will not hang about. Nicola Sturgeon has laid out the case clearly and eloquently: give Scotland due and proper consideration and negotiate in our best interests, or the UK will find it is leaving the EU without us.

No constitutional change is not an option for Scotland now, but we still have the choice about what kind of constitutional change we want for Scotland. The UK is leaving the EU, which at the moment would take Scotland out, but we have the option of opting out of that lemming plunge and choosing instead to be an independent European nation.

--- Later in debate ---

[Michael Ellis]

Well, that has not quite happened yet. Nevertheless, it is a great pleasure to be here and to represent the House in this debate. I congratulate the hon. Member for Edinburgh North and Leith (Deidre Brock) on securing this debate; I am sure it is one of the many debates on this subject that will continue to take place.

As a Government, we are keen to ensure that the process of leaving the European Union receives the maximum scrutiny and parliamentary debate possible, and this discussion has been an important contribution to that dialogue. In fact, Ministers from the Department for Exiting the European Union have already responded to more than 600 parliamentary written questions, appeared at 13 Select Committee hearings and given six oral statements in eight months, and there will, of course, be many votes on primary legislation to come, as I am sure hon. Members recognise.

The European Union (Notification of Withdrawal) Bill is a straightforward Bill. It is intended to implement the outcome of the referendum. That trusts the decision of the British people, and respects the judgment of the Supreme Court. In June last year, the United Kingdom voted as a whole to leave the European Union. By invoking article 50, using the authority given by Parliament when it passed the Bill on Monday, the Prime Minister will simply be getting on with the process of taking forward that result.

When they invoke article 50, the United Kingdom Government are committed to ensuring that the interests of all parts of England, Scotland, Wales and Northern Ireland are represented as we enter negotiations to leave the European Union. Since the referendum, we have ensured that the devolved Administrations are fully engaged in our preparations to leave the European Union. We established the Joint Ministerial Committee on European Negotiations, chaired by the Secretary of State for Exiting the European Union, which has met four times since its inception in November. The Joint Ministerial plenary, chaired by the Prime Minister personally, has also met twice—in October and January—and there has also been substantial bilateral engagement between Ministers.

[Deidre Brock]

Will the Minister give way?

[Michael Ellis]

I would like to make some progress.

In December, the Scottish Government published their proposals for a differentiated settlement in their paper “Scotland’s Place in Europe”. Contrary to much of the narrative on this topic, the United Kingdom Government have repeatedly recognised that paper as a serious contribution to the debate. Michael Russell, the Scottish Government Minister for UK Negotiations on Scotland’s Place in Europe, presented the paper for discussion at the Joint Ministerial Committee on European Negotiations in January, and lots of officials across both Governments have been working intensively and well, both to deepen our understanding and to forge a constructive dialogue between Scotland’s two Governments.

There is common ground between the two Governments, for example on workers’ rights, the rights of European Union nationals and the important issues of criminal justice and counter-terrorism. Those were all key elements in the Prime Minister’s keynote speech at Lancaster House and the subsequent White Paper, and I suggest that they demonstrate that there is much we agree on. We are committed to continuing to work closely with the Scottish Government and other devolved Administrations after article 50 has been triggered.

[Deidre Brock]

rose—

[Michael Ellis]

I am conscious of the time, but I will give way to the hon. Lady.

[Deidre Brock]

I heard today that the Government have announced the JMC will not be meeting again before article 50 is triggered. Is that correct?

[Michael Ellis]

There have been several meetings, as I have enunciated, and no doubt there will be more meetings to come. There is close working between the United Kingdom Government and the devolved Administrations, and ensuring that we take into account the interests of Scotland, Wales and Northern Ireland is vital for securing a future partnership with the European Union that works for the whole of the United Kingdom. It was only a little over two years ago that people in Scotland voted decisively to remain part of the United Kingdom, in a referendum that the Scottish Government called a “once in a generation” vote. The evidence clearly shows that a majority of people in Scotland do not want a second independence referendum.

As the Prime Minister and others across the political spectrum commented following the First Minister’s speech on Monday, another referendum would be divisive and would cause huge economic uncertainty at the worst possible time. The tunnel vision that the First Minister demonstrated in her speech is deeply regrettable. Instead of playing politics with the future of our country, the Scottish Government should focus on the state of education, hospitals, the police service, jobs and the economy. The Scottish Government have significant powers at their disposal, including those under the Scotland Act 2016. We need to hear how they intend to use those powers.

As for the practical business of leaving the EU, there will be much work ahead to ensure legal certainty from the day we leave. Looking forward, the great repeal Bill will be included in the Queen’s Speech. That important piece of legislation will provide legal certainty by ensuring that wherever practical and appropriate, the same rules and laws will apply the day after we leave the European Union as did before. The Government will introduce a White Paper providing more detail in due course. The Government are conscious of the importance of that work for economic and policy operations in Scotland and the significant interest that the business and legal community and civil society generally will have in the continued smooth operation of domestic legislation.

The Scottish devolution settlement was created in the context of the United Kingdom’s membership of the European Union. As we leave the EU, we will use that opportunity to determine the best place to make new laws and policies on these issues, ensuring that power sits closer to the people of the United Kingdom than ever before. As set out in the White Paper, our guiding principle will be ensuring that no new barriers to living and doing business are created within our own Union. On that basis, we will work with the Scottish Government, along with other devolved Administrations, on an approach for returning powers that works for the whole United Kingdom and reflects the interests of Scotland, Wales and Northern Ireland. The Government have made it clear on numerous occasions that no decisions currently taken by the devolved Administrations will be removed from them. Moreover, we will use the opportunity of powers returning from the EU to ensure that more decisions are devolved.

The process of leaving the European Union has aroused a passionate debate about our future partnership with Europe. As a Government, we will continue to listen to all voices in that debate while weighing the evidence appropriately. We have engaged extensively with stakeholders in Scotland about EU exit, and we are committed to continuing to do so. The Government continue to believe that we will get the best deal for Scotland and the whole United Kingdom if we have a united front.

[Deidre Brock]

I thank all my hon. Friends and Members for their incisive, thoughtful and, in some cases, very passionate contributions. I am a little disappointed that there are not as many people from the other side here today as we might have expected, given the subject matter and the fortuitous timing of the debate this week.

The Minister spoke about the Government being keen to receive maximum scrutiny of Brexit plans. He referred to 600 written questions, many statements in Parliament and so on. I hesitate to speak for colleagues, but in my experience, questions are stonewalled, not answered, and the rising levels of frustration across the House and from devolved Governments and Assemblies are almost palpable.

We are all asking, not unreasonably, for some clarity—clarity on how we exit the EU, what it will mean for devolution across the UK, and specifically, given that I am a Scottish MP, what it means for Scotland. If the UK Government continue their stonewalling of our reasonable requests for information on behalf of our constituents and the people of Scotland, many of whom are extremely concerned about what a future out of the EU will mean for them, I am afraid we will simply take matters into our own hands.

Question put and agreed to.

Resolved,

That this House has considered the implications for the Scottish devolution settlement of triggering Article 50.