European Union (Withdrawal) Bill: Sewel Convention

Ian Blackford Excerpts

Thursday 14th June 2018 Commons Chamber

[David Mundell]

In case this should arise in future questions, I do not intend to comment on references to the Supreme Court as that matter is ongoing. I agree with my hon. Friend’s final point, however. It is vital that the Scottish Government and the UK Government should continue to work together, and I have been perturbed over the past 48 hours by the veiled threats from the Scottish Government that they would somehow withdraw from such discussions. These discussions are vitally important, and the people of Scotland expect their two Governments to work together. Negotiations are taking place at the moment between my colleague the Secretary of State for Work and Pensions and her counterpart in the Scottish Parliament in Edinburgh. That is the sort of engagement that people want to see: the transfer of powers from this Parliament in relation to welfare and engagement with the Scottish Government as to how that is successfully done.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I have to say to the Secretary of State for Scotland: is that all you’ve got? Is that the best you can do? These are serious times for Scotland. I thank him for giving me advance sight of his statement, but I am deeply disappointed by its content. My very quick take on the statement is that it offers a wholly new interpretation—and, indeed, inversion—of the constitutional arrangements. Section 28(7) of the Scotland Act 1998 confirms that Westminster retains its unlimited sovereignty, and arguably it can never relinquish that, but the devolution settlement provides through the Sewel convention that the legislative power will not be used if there is disagreement and the devolved legislatures do not give consent. Today’s statement effectively turns Sewel on its head by saying that, if there is disagreement—that is, no consent on a legislative consent motion—the UK Government can proceed to legislate. This is an extremely serious development in UK Government thinking, and it risks the security of the devolution settlement. It also gives the lie to the assertion in the statement that the UK Government are

“legislating in line with the Sewel convention”.

By their own admission in this statement, they are doing the opposite. Perhaps the Secretary of State can give us some clarity on what is happening here.

The Sewel convention is clear that the UK Government should not legislate on devolved matters without the consent of the Scottish Parliament. However, the Scottish Parliament—not the Scottish Government—has denied its consent. The Scottish National party, the Labour party, the Liberal Democrats and the Greens all said that they did not give their consent to what the UK Government were seeking to do, yet the Secretary of State comes before us today with excuses and attempts to save his own skin, knowing that he has totally shafted Scotland and the people of Scotland. Empty excuses are clearly all he has, having utterly failed in his role as Secretary of State to protect our devolution settlement or to stand up for Scotland as he should be doing.

The Secretary of State promised that Scotland’s Parliament would become the most powerful devolved Parliament in the world. Wrong. He promised us, in the Commons stages, that when the Bill came back from the Lords, there would be time to debate clause 11. Wrong. He told us that there would be a powers bonanza for the Scottish Parliament. [Hon. Members: “Wrong!”] Even in June 2016, he pledged to protect Scotland’s place in the single market. [Hon. Members: “Wrong!”] The Secretary of State has—[Laughter.]

[Mr Speaker]

Order. The right hon. Member for Ross, Skye and Lochaber (Ian Blackford) must be able to complete his contribution—

--- Later in debate ---

[Mr Speaker]

Surely not? Well, no—the right hon. Gentleman will be enabled to continue his contribution.

[Ian Blackford]

I would simply say to Conservative Members that the UK Government’s own analysis has indicated that a hard Brexit will damage jobs, yet what do we see? We see Conservative Members of Parliament laughing. They are laughing at the hardships that the people of Scotland might face.

The Secretary of State for Scotland downgraded devolution, ignored the Scottish Parliament and silenced Scotland when he supported the withdrawal Bill despite our Parliament—his Parliament—having rejected it. Will he now apologise to the people of Scotland for his series of broken promises? He has failed to protect devolution, he has failed to protect the Scottish Parliament and he has failed to protect Scottish interests. Having plunged Scotland into constitutional crisis, will he finally do the right thing by the Scottish people? If he has any dignity and self-respect, will he resign, and do it now? [Applause.]