Claim of Right for Scotland Debate

Full Debate: Read Full Debate
Department: Scotland Office

Claim of Right for Scotland

Ian Blackford Excerpts
Wednesday 4th July 2018

(5 years, 9 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
- Hansard - -

I beg to move,

That this House endorses the principles of the Claim of Right for Scotland, agreed by the Scottish Constitutional Convention in 1989 and by the Scottish Parliament in 2012, and therefore acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs.

Before I begin, I am sure the whole House will join me in congratulating the former Member for Clackmannan and East Stirlingshire and former Presiding Officer of the Scottish Parliament, George Reid, who is celebrating his golden wedding anniversary today with his wife, Daphne.

“The principle of unlimited sovereignty of parliament is a distinctly English principle and has no counterpart in Scottish constitutional law”—

those words are not mine. They are the words of the Lord President of the Court of Session in 1953 during the case of MacCormick v. Lord Advocate. This Parliament, I accept, has a great deal of power, and rightly all of us who are democrats should respect the will of the people, but if we are to accept and respect that will in this place, why not in Scotland?

Why do the Tory Government think they can do whatever they want to Scotland and get away with it? Many people in Scotland are outraged that the Conservative Government have argued that times are not normal and that that allows them to change the devolution settlement in the teeth of the opposition of the Scottish Parliament. Put simply, the Conservatives have no mandate for their power grab on the Scottish Parliament. The case is this: in Scotland, it is the Scottish people who are sovereign.

Douglas Ross Portrait Douglas Ross (Moray) (Con)
- Hansard - - - Excerpts

I am grateful to the right hon. Gentleman for giving way. He has spoken about a power grab. If there is a power grab, why did his leader in Scotland, the First Minister, have to increase her Cabinet from 16 to 26 because of all the extra powers coming to Holyrood, according to Nicola Sturgeon?

Ian Blackford Portrait Ian Blackford
- Hansard - -

My goodness. We are talking about the sovereignty of the Scottish people and that is what we get. I am not even going to dignify that with a—[Interruption.] It is early in the debate. People will be watching, and it might be an idea—

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. There is a tendency for there to be what I would call a gesticulation-fest whenever there is a debate between members of the Scottish National party and Government Back Benchers. The right hon. Gentleman must be heard, and I say gently to the hon. Member for Aberdeen South (Ross Thomson), who is normally a model of the urbane representative of his people, that it is indeed an early stage, and he must remember above all the merits of calm.

--- Later in debate ---
Ian Blackford Portrait Ian Blackford
- Hansard - -

Thank you, Mr Speaker.

The reason that we have chosen this debate for our Opposition day is the real anger that people in Scotland feel about what has taken place. The Parliament that Scotland voted for in the referendum in 1997 is being attacked and our rights are being attacked by a Conservative Government, backed by their so-called Scottish Tory friends, who went through the Lobby to take away powers from the Scottish Parliament. We are having this debate tonight. Let us look around us. I can see my colleagues from the SNP and, to be fair, I can see colleagues from the Liberal Democrats and the Labour MPs from Scotland are here as well. Where is the rest of the House? Where are the Conservative MPs who voted through those measures? They cannot even be bothered to turn up to defend what the Conservatives have done to Scotland. That is the reality.

Stephen Kerr Portrait Stephen Kerr (Stirling) (Con)
- Hansard - - - Excerpts

Will the right hon. Gentleman give way?

Ian Blackford Portrait Ian Blackford
- Hansard - -

I am not going to give way. Sit down.

It is very fitting that the SNP is using our Opposition day on 4 July, Independence Day, to defend the interests, the rights and the will of the Scottish people.—[Interruption.] Listen, it may not be Independence Day to the hon. Member for Ribble Valley (Mr Evans), but I will tell him this: the way the Conservative party is treating Scotland, our independence day is coming and it is coming soon.

Ian Murray Portrait Ian Murray (Edinburgh South) (Lab)
- Hansard - - - Excerpts

The right hon. Gentleman says that Scotland’s independence is coming. The right hon. Member for Orkney and Shetland (Mr Carmichael) and I tabled an amendment to his motion—unfortunately, it was not selected, but we understand why. I wonder whether he would agree with that amendment to the motion on the basis that the Scottish people did have a vote in 2014 and they agreed to stay in the United Kingdom.

Ian Blackford Portrait Ian Blackford
- Hansard - -

As a matter of fact, the hon. Gentleman is correct. Of course the people of Scotland voted in a referendum in 2014 and I say to him and others who put their name to the amendment that, yes, we would have accepted it had it been taken this afternoon.

The fundamental issue, as many people have said, is that, when the polls opened in Scotland on 18 September 2014, between the hours of 7 o’clock in the morning and 10 o’clock at night, the people of Scotland had sovereignty in their hands. The difference between SNP Members and the Conservatives is that we believe the Scottish people are always sovereign. In the light of the change in the facts and the circumstances—those being that Scotland voted to stay in the European Union by a decisive majority, and that the wishes and the rights of the Scottish people are being ignored by a Conservative Government who want to drive us out of Europe—it is perfectly right that the people of Scotland have the opportunity to demonstrate their sovereign will.

Nigel Evans Portrait Mr Nigel Evans (Ribble Valley) (Con)
- Hansard - - - Excerpts

The right hon. Gentleman talks about referendums. I am getting a bit confused—it does not take a lot, I admit—but are we talking about the referendum on 23 June 2016, when the British people voted to leave the European Union and, if they had decided to remain in the European Union, would those powers still be in Brussels, to this day?

Ian Blackford Portrait Ian Blackford
- Hansard - -

For anyone watching this with subtitles, it might say, “Not for viewers in Scotland” because the fact of the matter is that the people of Scotland voted to stay in the European Union. That is the point. In the debate that took place during Scotland’s referendum in 2014, we were told two things: that if we stayed in the United Kingdom, we were to lead the United Kingdom, but also that, if we voted to stay in the United Kingdom, then our part in Europe would also be preserved. What has happened? Any pretence of Scotland leading the UK has been thrown away by the Secretary of State for Scotland. He does not believe that we are a partner in the UK; he believes that we are a part of the UK. How can we have a Secretary of State for Scotland, who is supposed to represent Scotland’s interests, when he is prepared to lie down and be walked all over because he does not see Scotland as an equal part of the United Kingdom? [Interruption.] He can shout and scream in this Chamber, but the reality is that he has failed to defend Scotland’s interests. [Interruption.] Yes, you can point and gesticulate, but the people of Scotland—

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I am not pointing or gesticulating. I know that the right hon. Gentleman is breathing fire, with considerable eloquence and at some pace, but does he wish to take an intervention from the Secretary of State—yes or no?

Ian Blackford Portrait Ian Blackford
- Hansard - -

I will not in this case. I am grateful, Mr Speaker. The Secretary of State will have an opportunity to speak later. I want to make progress because many Members wish to speak.

The claim of right acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their need, and the obligation of elected representatives, in all their actions and deliberations, to ensure that the interests of the people of Scotland are paramount. The claim of right is not simply an historical document but a fundamental principle that underpins the democracy and constitutional framework of Scotland. The 1989 claim functions as a declaration of intent regarding the sovereignty of the Scottish people. It set the constitutional convention that, 10 years later, saw the people vote in a referendum for the re-establishment of a Scottish Parliament, which the UK Government now seek to undermine and ignore.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
- Hansard - - - Excerpts

The right hon. Gentleman has referred to the Scottish Constitutional Convention and the claim of right in 1989. With the benefit of hindsight, does he think that it was a mistake for the Scottish National party not to sign the claim of right or take part in the constitutional convention?

Ian Blackford Portrait Ian Blackford
- Hansard - -

I am going to come on to deal with that. I acknowledge the work of the constitutional convention, but let us not forget that the reason the SNP was in that position was that others in the constitutional convention would not allow the principle of independence to be discussed at that time. I am grateful for the enormous progress that we have made on the back of the constitutional convention. Before those on Opposition Benches begin to jeer and snigger, yes, it is a fact that the Scottish National party was not present for the signing and did not take part in the convention. The SNP took part in early discussions, but withdrew when it became clear that the convention would not countenance independence. We believe, and continue to believe, that ruling out such an option was to deny a key principle of the claim to choose the best form of government, but we have always supported the sentiments of the claim of right. The SNP has committed, and recommitted, to its principle. We acknowledge the sovereign rights of the Scottish people to determine the form of government best suited to their needs.

Ian Blackford Portrait Ian Blackford
- Hansard - -

I really, really hope that people in Scotland are watching this. A Conservative Member from south of the border who failed to be elected in Scotland says, “All heart.” This has nothing to do with heart—this is about the rights of the people of Scotland who voted for devolution and are finding that the UK Parliament is taking away their rights in the teeth of opposition from the Scottish Parliament and every single party there, with the exception of the Scottish Tories.

When will the Scottish Tories begin to listen to the people of Scotland? This is not about the SNP. This is about the Scottish Parliament. This is about the people of Scotland. Let us not forget that the Conservatives have lost every single election in Scotland since 1955. They have been defeated—[Interruption.] Yes, you can see—look at the 13 who have been elected. There are 35 of us here from the Scottish National party, which won the election for Scotland. That is the reality. The Conservatives are in a minority Administration in Parliament. They would love to have the majority of MPs that we have from Scotland, but it is not likely to happen.

We have defended the sentiment time and again, and we are here to do so again. “Why today?” some in the Chamber might ask. Well, the fact of the matter is that, over the past few weeks, we have seen the biggest power grab by this Government since devolution.

Ian Blackford Portrait Ian Blackford
- Hansard - -

Sit down. We have seen the Tory Government disrespect the Scottish Parliament, the Scottish Government and the Scottish people. The interests and the democratic choices of the people of Scotland have been shoved aside by the UK Government. Devolution has been downgraded and the authority of our Parliament has been diminished. While the Tory Government in London seek to destroy our constitutional settlement and undermine the sovereignty of the Scottish people, we in the SNP will not let the Scottish people be ignored.

Alberto Costa Portrait Alberto Costa
- Hansard - - - Excerpts

Turn up the volume.

Ian Blackford Portrait Ian Blackford
- Hansard - -

I would simply say, just carry on, because what you have just done is insult the people of Scotland—[Interruption]as you continue to do. We will do all we can to ensure that the wishes of the Scottish people are respected. Today, we ask—[Interruption.] I hear, “Scotland’s watching.” The question to the Conservatives is: will you respect the sovereignty of the people of Scotland, yes or no? You have failed dismally to do it up til now.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
- Hansard - - - Excerpts

I hugely respect the fact that the right hon. Gentleman says that he will respect the wishes of the Scottish people. Will that extend to respecting the wishes of the Scottish people when they voted no in the referendum and that was to be an end to it?

Ian Blackford Portrait Ian Blackford
- Hansard - -

I am not sure the hon. Lady has been listening to me, because I have made that point. Of course we respect the 2014 referendum result, but the simple fact of the matter is that the circumstances have changed: we are being dragged out of Europe against our will. I expect that she wants us to stay in the single market and the customs union. She talks about a second referendum on Europe. What she should do is get behind the Scottish National party because, let me remind this House, in 2016 the SNP went to the people of Scotland and sought a mandate on having a referendum on Scottish independence if circumstances in Scotland changed. Guess what? We have a majority for independence in the Scottish Parliament. If you want to protect Scotland’s interests in Europe, and if you want to stay in the single market and the customs union, it may well be the case that independence for Scotland is the only way to do that.

Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

Will the right hon. Gentleman give way?

Ian Blackford Portrait Ian Blackford
- Hansard - -

I am going to make progress.

Today, we ask the House to consider the claim of right, to recommit itself to the spirit of devolution and to place the people of Scotland at the heart of decisions, not cast them aside. Only a few weeks ago, we witnessed the shameful Tory power grab. This House and this Government showed nothing but utter contempt for the devolved Administrations as the European Union (Withdrawal) Bill was pushed through without consideration of the views of the devolved institutions. The Scottish Parliament voted overwhelmingly, by 93 votes to 30, to refuse legislative consent for clause 15 of the Bill. As such, the Bill should not have been passed through the House of Commons with the clause intact, but the Tories decided this was acceptable. They trotted through the Lobby, voting against the will of the Scottish people—that’s what you did.

We all know that the Sewel convention established the long-held practice that the UK Government cannot legislate on devolved areas without the consent of the devolved Parliament—or at least we thought we did. [Interruption.] Well, there we are: this is the sovereign Parliament. You might want to say that to your voters in Scotland: that you do not believe it is the people of Scotland who are sovereign, as was defined in the court case in 1953. You are prepared to throw away the sovereignty of the people of Scotland and allow Westminster to do whatever it likes. Frankly, that is not acceptable to the rest of us. How can you be Secretary of State for Scotland if you behave in such a way? That is not the Secretary of State for Scotland; that is the Government’s man in Scotland.

--- Later in debate ---
Ian Blackford Portrait Ian Blackford
- Hansard - -

Sit down! Sit down.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. Just before the right hon. Gentleman continues, may I appeal to colleagues to lower the temperature? Passion is fine, and of course the right hon. Gentleman has the floor and is perfectly entitled to refuse to take an intervention, but I think simply to say baldly, “Sit down” to any Member is less than the courtesy we normally get from the right hon. Gentleman. I know he may feel he is being provoked, but he must avoid being provoked. He is certainly not being provoked by the Secretary of State. Let us just try to lower the temperature and have the debate on the issues, rather than on personalities.

Ian Blackford Portrait Ian Blackford
- Hansard - -

Thank you, Mr Speaker.

Now, thanks to the Tories, we have reached a dangerous and difficult place, which has exposed their lack of commitment to the Sewel convention. Their Brexit power grab has basically ripped up the Sewel convention and plunged us into constitutional crisis. We are in unknown territory. Only if the UK Government act to recognise and respect the will of the Scottish Parliament can we repair some of the damage. I say again to the Government: you have acted without the consent of the Scottish Parliament.



Bring forward legislation that will protect the powers of the Scottish Parliament, and do it now. If the Secretary of State recognises his role in defending devolution, he should do so, and a failure to do that should mean, quite frankly, that he should resign because he is not standing up for the interests of the people of Scotland.

The House should know that it is not simply the SNP’s view that the Tory power grab has thrown the devolution settlement into crisis. In Scotland, the feeling is apparent everywhere you go. People right across Scotland want power in Scotland’s hands. Recent polling from NatCen revealed that a majority of Scots trust Holyrood to make decisions in areas that the Tories want to grab for Westminster. Over 60% want fishing decisions in Scotland following Brexit and 59% want farming powers in Scottish hands.

Of course, the Tories have form because we know that in 2013, the European Union voted to give additional payments to Scottish crofters and farmers—€230-odd million of additional support—86% of which was supposed to come to Scotland between 2016 and 2020. What has happened? Westminster has handed over 16.5%. The rest has gone into budgets across the rest of the United Kingdom, and crofters and farmers have been short-changed by a Government that have not accepted their obligations to Scottish farmers. It is little wonder that people in Scotland want to make sure that the Scottish Parliament have powers over farming and fishing, and not this Tory Government who have not just grabbed powers but have grabbed money out of the pockets of hard-working Scottish crofters and farmers.

A majority of Scots have lost confidence in the UK’s handling of Brexit, with a full 69% now saying that they believe it has been badly handled. During earlier debates, we heard the Tories trying to justify the UK Government’s shoddy power grab by falsely claiming that Scotland would not lose powers. However, the Scottish Government published a list of powers at risk. They include powers over fishing, farming, rail franchises and fracking licences, to name but a few, but this Government have shown disrespect to our Parliament more than once. Their legal challenges to the Scottish Parliament’s continuity Bill, for one, clearly show the arrogance of the Conservative Government when faced with the will of the Scottish people. Why is it right that the Conservative Government believe that they can take the Scottish Parliament and, by extension, the Scottish people to court? That is exactly what is happening—what arrogance!

The Scottish Parliament voted by 95 votes to 32 to pass the continuity Bill, aimed at preparing Scotland’s laws for the impact of leaving the EU in the light of the refusal to grant a legislative consent motion to Westminster’s European Union (Withdrawal) Bill. The people of Scotland expect the two Governments to co-operate on these matters. They also expect that the decisions and responsibilities of the Scottish Parliament should be respected. The decision, therefore, of the UK Government to attempt to overturn the will of the Scottish Parliament in the courts is unprecedented and unacceptable.

Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

On that point, those who were responsible for framing the devolution settlement have assured me that what is happening now is what was intended and is included—[Interruption.] It is what people voted for in 1997 and is included in the devolution settlement. If the right hon. Gentleman is so concerned about Scotland being “dragged” out of the European Union, why does he not join us in backing a people’s vote on the final deal?

Ian Blackford Portrait Ian Blackford
- Hansard - -

I simply say that if the hon. Lady wants to stay in Europe and in the single market and the customs union, there is already a mandate in the Scottish Parliament for a referendum of independence. Join us in protecting Scotland’s interests!

Alistair Carmichael Portrait Mr Carmichael
- Hansard - - - Excerpts

Will the right hon. Gentleman give way?

Ian Blackford Portrait Ian Blackford
- Hansard - -

No, I will not—I am going to make progress.

Westminster cannot unilaterally rewrite the devolution settlement and impose UK-wide frameworks in devolved areas without consent. The truth of the matter is that right from the start of the Brexit process, we have seen the UK Government attempting to avoid all attempts at democratic engagement. It took a decision from the courts to force them to consult Parliament over the decision to trigger article 50. Similarly, the UK Government ignored all requests from the devolved Administrations to be involved in the process of triggering article 50, despite Scotland voting overwhelmingly to remain in the EU. Where was the respect? Where was the engagement? There was none.

The Tories have not just ignored the will of the Scottish Parliament; they ignore the interests of the Scottish people. For years, their austerity agenda has punished the people of Scotland. The Tory obsession with punishing the poor and protecting the rich has seen families struggle in hardship, women denied their right to a fair pension, and women who were victims rape made to justify their rights to child benefit. It is absolutely shameful. The policies of this Tory Government are morally repugnant and have no place in a civilised, compassionate Scotland.

On 26 January 2012, Nicola Sturgeon, the First Minister of Scotland, led a debate on the claim of right with the motion that Parliament

“acknowledge the sovereign right of the Scottish people to determine the form of government best suited to their needs, and do hereby declare and pledge that in all our actions and deliberations their interests shall be paramount.”

At that time, 102 MSPs voted for the motion, with 14 Tories voting against—the same old Tories voting against the sovereignty of the Scottish people. Even then, the Tories could not, would not, stand up for the Scottish people.

Ged Killen Portrait Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)
- Hansard - - - Excerpts

The right hon. Gentleman is talking about the words of Nicola Sturgeon, and I just wanted to draw his attention to her words at the SNP’s Aberdeen conference in 2015, when she said:

“To propose another referendum in the next parliament without strong evidence that a significant number of those who voted No have changed their minds would be wrong and we won’t do it. It would not be respecting the decision that people made.”

What has changed since she said that?

Ian Blackford Portrait Ian Blackford
- Hansard - -

For the hard of hearing on the Labour Benches: Brexit.

The Tories pay lip service to devolution, but they do not believe in it. They do not believe that the Scottish people should have the right to determine the form of government that best suits their needs. What are they afraid of? They are afraid of power being in the hands of the Scottish people. Surely, we are all democrats. Surely, even the UK Government must now accept that it is the people we serve, not they who serve us. That is the crux of this debate. As outlined in the quote I began my remarks with, in Scotland things are different because our view of government is different: it is not top-down; it is ground-up. The single job of government is to serve the interests of our people. It is to carry out their will and to improve their lives—something the Tories have yet to learn.

Today, let the Tories learn this. In Scotland, the people of Scotland are sovereign and the Scottish Parliament embodies the sovereignty of the Scottish people. Next year sees the 20th anniversary of the re-establishment of the Scottish Parliament—something that was fought for by many for generations. [Interruption.] I hear someone shouting, “Not you!”

Alistair Carmichael Portrait Mr Carmichael
- Hansard - - - Excerpts

It was one of your colleagues actually.

Ian Blackford Portrait Ian Blackford
- Hansard - -

Well, if the comment was about the Conservatives, it was absolutely right. Let us not forget that Bill after Bill was introduced in this Parliament from 1913 right through to the establishment of the Scottish Parliament. In 1997, the Conservatives opposed devolution, and they are still opposing it, which is why they are attacking the Scottish Parliament’s powers with such glee, led by this so-called Secretary of State for Scotland. He should be ashamed of himself.

Our Scottish Parliament finds itself under threat of a power grab from the very party that opposed its creation in the first place. More than two decades after Scotland voted for a Scottish Parliament, the UK Government’s withdrawal Bill constitutes the biggest power grab since devolution. The Secretary of State promised a “powers bonanza” to the Scottish Parliament, while his colleague the Secretary of State for Environment, Food and Rural Affairs went as far as to suggest that immigration powers could be devolved to Scotland. Despite that promise, the Secretary of State for Scotland consistently failed to name one power in that bonanza coming back to Scotland. In December 2017, he promised that amendments would be made to the withdrawal Bill on Report, before going back on that promise and allowing amendments to be made only in the unelected House of Lords. The Secretary of State has not once apologised for the fact that the House of Commons never had that opportunity—that this elected Chamber never had the opportunity to discuss amendments to a Bill that affected the devolution of Scotland—thus showing utter contempt for our Parliament and for our people. Since then the Secretary of State has been missing in action, refusing to lead on an emergency debate on the Sewel convention that was called by the SNP following a refusal to allow time for us to debate clause 15 once the Bill had returned from the House of Lords.

If Members are not convinced of the Secretary of State’s inadequacy for the job, let them hear this. He recently removed all doubt about his views by saying, “Scotland is not a partner in the UK.” Scotland is not equal: that is exactly what this Government think of the people of Scotland, and their actions reflect that sentiment. The Secretary of State cannot stand up for Scotland, because he does not recognise Scotland as a partner in the United Kingdom. He has unilaterally downgraded our role. It is little wonder that he is without consequence when it comes to standing up for Scotland. What a damning indictment of the Tory party!

David Mundell Portrait David Mundell
- Hansard - - - Excerpts

The right hon. Gentleman is setting out his case for independence, which is to be based on deceit and misrepresentation. I never once said—and I have Hansard here to prove it—that Scotland was not part of the United Kingdom, or was not a partner in the United Kingdom. What SNP Members claim is that Scotland is a partner of the United Kingdom, because they want Scotland and the United Kingdom to be separate entities. They are not. Scotland is part of the United Kingdom; Scotland is at the heart of the United Kingdom; and, ultimately, that is what the right hon. Gentleman objects to.

Ian Blackford Portrait Ian Blackford
- Hansard - -

What we object to is a Secretary of State who cannot do his job in standing up for the people of Scotland. The simple fact is that what we are talking about today is the claim of right for Scotland. We are not arguing for independence for Scotland, although that day will come. We are simply talking about the principle and about where sovereignty lies. We are affirming the rights of the people of Scotland to be sovereign. Everyone can see what is going on here. Conservative Members seem to be denying the rights of the people to that sovereignty.

Let me issue this challenge to the Conservatives, here and now: we have placed a motion before you. Have the guts to come through the Lobbies tonight with us, affirming the sovereignty of the Scottish people, or, if you so dare, oppose the motion. Show that you have the guts to stand in the face of that motion. If you fail to do so, it will be the accepted will of this House that it has recognised the sovereignty of the Scottish people. Tonight you have a choice. You can sit and chunter and shout and bawl and laugh, as you have done since the debate started, or you can go through the Lobbies later and stand up for the people of Scotland. You can affirm the sovereignty of the people of Scotland, or you can flunk it. History has shown that, on every step of the way, you have argued against the interests of the people of Scotland.

Bill Grant Portrait Bill Grant (Ayr, Carrick and Cumnock) (Con)
- Hansard - - - Excerpts

Let me just say that Members on this side never walked out and turned their backs on the people of Scotland from this Parliament, unlike those on the right hon. Gentleman’s side.

Ian Blackford Portrait Ian Blackford
- Hansard - -

The simple fact is that we were faced with a situation—and the hon. Gentleman should be ashamed—in which the Conservative Government pushed through the withdrawal Bill, which took powers from the Scottish Parliament without a debate in the House. The hon. Gentleman and all his friends went through the Lobbies to take those powers from the people of Scotland. I am proud of the fact that it is the Scottish National party that is standing up for the people of Scotland. What the Conservatives are doing is allowing Scotland to be walked all over, and the hon. Gentleman and his friends are guilty as charged.

The Conservative party has no mandate to speak for Scotland, but thinks it can do whatever it wants to Scotland and get away with it. The Conservatives opposed devolution in the first place. They have consistently voted against Scotland’s interests, and now they want to dismantle the rights of our Parliament, downgrading devolution and dismissing the views of the people of Scotland. The people of Scotland asked for none of this. They voted decisively against leaving the European Union, yet now they face the socioeconomic chaos from a hard Tory Brexit.

Before she became Prime Minister, the right hon. Member for Maidenhead (Mrs May) set out her view of a UK

“in which Scotland, Wales, Northern Ireland and England continue to flourish side-by-side as equal partners.”

Yet the views of the people of Scotland are disregarded; instead the Prime Minister has shut out and silenced the people of Scotland from the Brexit debate. The Secretary of State for Scotland was not even invited to the meeting at Chequers where the Government discussed Brexit; his views were not called upon, inconsequential in the process the UK Government were going through.

While the Scottish Parliament is not yet 20 years old, it has made remarkable achievements in free education, personal care and prescriptions, world-leading climate change targets, the smoking ban, and huge strides forwards in attitude towards sectarianism, sexual equality and multiculturalism.

Meanwhile there is the question of waiting times. When we look at A&E in Scottish hospitals, we find that the record is far better than that of the Conservative Government in London, and the hon. Member for Ayr, Carrick and Cumnock (Bill Grant), rather than doing down the health service in Scotland, should be talking up the successes of the Scottish Parliament and Government in delivering for the people of Scotland.

Meanwhile in Westminster, the cruel and callous Tory policies, such as the rape clause, the bedroom tax, austerity and of course Brexit, stand in stark contrast to our approach. In Scotland we do things differently, and this place needs to recognise that the first step is for Westminster to respect the will of the Scottish Parliament. Will this place do it? Will this House recognise that the Scottish Parliament has not given a consent motion to the withdrawal Bill? Will this Parliament now recant and make sure the powers that have been grabbed are sent back to the Scottish Parliament? That is what the people of Scotland expect.

We were promised this in 2014: Gordon Brown said a no vote in the independence referendum would lead to changes offering “as close to federalism as possible”. In the end nothing close to that was delivered. And before the Tories leap from their Benches, I say yes, we in the SNP respect the will of the Scottish people decided in 2014, but the claim of right is important, because it allows the sovereignty of Scotland to choose, and that means that if Scotland decides it wants change, then it should be respected. Why should Conservatives stand in the way of the sovereignty and rights of the Scottish people, and why should Scottish Conservatives allow that to happen? Is their responsibility not to stand up for their constituents—for their needs and their wishes?

The Scottish Government were elected in May 2016 on a manifesto which said in relation to independence:

“The Scottish Parliament should have the right to hold another referendum...if there is a significant and material change in the circumstances that prevailed in 2014, such as Scotland being taken out the EU against our will.”

Given events since 2016, there is therefore no question about the legitimacy of the Scottish Parliament and the people of Scotland to consider the question of independence. Everything has changed.

This Parliament today must show that it understands, recognises and respects the right of the Scottish people to determine the form of government best suited to their needs, including during this time of significant change. I urge all Members to defend the interests of the people of Scotland and to vote to recognise the claim of the right of the Scottish people. Our people’s sovereignty—Scotland’s sovereignty—must be, and will be, respected.

--- Later in debate ---
Douglas Ross Portrait Douglas Ross
- Hansard - - - Excerpts

That debate on universal credit was one in which I was never intending to speak, and that night’s vote was very interesting, because no one voted against the motion on universal credit. The debate was called for by SNP Members, and they then manufactured a vote. We will all be looking very closely at manufactured votes if there is consensus in the Chamber tonight on what we are debating.

I agreed wholeheartedly with the comments of my hon. Friend the Member for Stirling (Stephen Kerr). I started off by saying that I love this place. I love this Chamber and I love these Benches, but tonight, for the first time, I have not enjoyed it. I like the cut and thrust of debate as much as anyone else, but I do not agree with the personal attacks on the Secretary of State for Scotland that we saw from the right hon. Member for Ross, Skye and Lochaber. Hon. Members can disagree with the office and with what the Secretary of State is doing, but to get so personal—to play the man rather than the ball—does not serve the right hon. Gentleman well and does not serve his party well. When I tried to intervene on the right hon. Gentleman, he was throwing his arm at me disrespectfully and he had to be called out by Mr Speaker for his actions. I hope that after this Opposition day debate he will reflect on the way in which he performs in this Chamber, because Scotland is watching and Scotland wants to see its politicians in both Parliaments working together where they can, and constructively disagreeing when that has to happen, but not doing so in such a personal way. I hope that the right hon. Gentleman’s current silence means that he is reflecting on what he said and, more importantly, how he said it.

Ian Blackford Portrait Ian Blackford
- Hansard - -

I want to reiterate that my opposition to the Conservatives and the Secretary of State is entirely political; I have said nothing personal. I ask the hon. Gentleman to reflect on this: it is a matter of record that two weeks ago, I was asked to commit suicide by a Conservative Member of Parliament. I will also say to the hon. Gentleman something that I have not yet raised in this House. Last night, while sitting on these Benches—this was witnessed by other people—I was told what to do in very explicit terms involving a four-letter word beginning with F that has previously been used by the Foreign Secretary, so I am not going to take any lectures from Government Members about how to behave. I am the one who is being abused by the hon. Gentleman’s colleagues by being told to commit suicide and being told to “F off”, so I am not going to take any lectures from him. [Applause.]

None Portrait Hon. Members
- Hansard -

Hear, hear!

--- Later in debate ---
Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

And diktat. This has been grabbed and taken by the content of the European Union (Withdrawal) Bill. That is the real power grab that is going on and it undermines the sovereignty not just of the people of Scotland, but of the Westminster Parliament as it has been traditionally seen. We have heard from all these different Members asking why the SNP has not brought up this, that or the next thing. We talk on a daily basis about the issues that affect our constituents and the people of Scotland. Members talk about yesterday’s estimates debate, but I say to the shadow Secretary of State that no Labour Member from Scotland was taking part in that debate, even though it was a debate on the devolution spend and the Barnett consequentials.

The hon. Member for Edinburgh South (Ian Murray) mentioned my Westminster Hall debate. I was proud to lead a debate on the claim of right in Westminster Hall, but that debate was on a motion saying “That this House has considered”. Today’s debate is on an actionable, votable motion and the Government have indicated, for the first time, that they are prepared to accept it.

Ian Blackford Portrait Ian Blackford
- Hansard - -

My hon. Friend is making a powerful speech. If the Government accept this motion tonight, are they not then accepting the principle of the sovereignty of the Scottish people? If that follows, and if the Scottish Government have a majority and a mandate to ask for a referendum on a change of circumstances, are the Conservatives opposite not duty bound to follow that and make sure the Government push through a section 30 licence?

Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

Precisely. [Interruption.] The Minister will have a chance to respond and sum up at the end of the debate. This is why the Government have to—

--- Later in debate ---
Stuart Andrew Portrait Stuart Andrew
- Hansard - - - Excerpts

As the hon. Gentleman knows, 15% of the routes are guaranteed for regional connectivity. He has turned down the opportunity for his country to have better connectivity to the rest of the UK and the rest of the world. He says that he wants to stand up for Scotland, but he should take part in the debates that happen here and vote in Divisions, rather than walking out, as he did at Prime Minister’s questions.

The claim of right was about devolution, and we support devolution. This Government have consistently supported devolution ever since it was backed by the people of Scotland in a referendum in 1997. It was the Scottish people who reaffirmed their support for devolution in the independence referendum of 2014. We have shown our support in the Scotland Act 2016, which transferred wide-ranging powers over tax, welfare and much more to Holyrood.

We continue to show our support for devolution as we prepare to leave the EU. Scores of powers previously held in Brussels will flow to the Scottish Parliament, and we are working with the Scottish Government to ensure that Scotland and the whole UK are ready. In doing so, we are listening to the people of Scotland. We respect the votes that they cast in 1997 and in 2014. We are respecting their rights, as expressed by the authors of the claim of right.

The truth is that SNP Members cannot bring themselves to show the same respect. They refused to sign the claim of right because it had nothing to do with their cause of independence. They saw devolution only as a stepping stone to independence, and they have shown themselves to be equally opportunistic when it comes to breakfast—[Interruption]Brexit. Yes, breakfast, dinner and tea, as we say in the north.

Shamefully, SNP Members have no interest in preparing Scotland and the UK for leaving the EU. They see Brexit only as a chance to scaremonger and manufacture grievances in a bid to boost calls for independence. That is their purpose in holding today’s debate, but people will see it for what it is. They will see through the SNP’s games and they will understand that it is not acting in Scotland’s interest, but in its own narrow party interests.

Ian Blackford Portrait Ian Blackford
- Hansard - -

Will the Minister give way?

Stuart Andrew Portrait Stuart Andrew
- Hansard - - - Excerpts

No, the right hon. Gentleman spoke for far too long at the beginning of the debate. In fact, I will come on to a point he made right at the very beginning of his speech. He let the cat out of the bag in the very first few sentences of his contribution when he almost lost his temper. It was clear that this is all about pushing for another Scottish independence referendum. He said that there was a majority for independence in the Scottish Parliament, but the point is that there was a majority of the people of Scotland who voted no in the independence referendum.

The right hon. Gentleman said that we ripped up the Sewel convention. I really do not understand how he can say that. It does seem that the Scottish Government and some right hon. and hon. Members, when taking part in this debate, appear to have read “not normally”, which is written in the convention, to mean not at all, never, in no circumstances whatsoever. Some Members may wish to change the terms of the convention, but this is the convention that we have.

The right hon. Gentleman talked about this Government wanting to attack the poor. I find that a really quite disgraceful comment. We have done an enormous amount to turn the economy around. [Interruption.] He can continue to heckle, but I will come on to his behaviour in this debate in a moment. We have record employment. We have lowered taxes. We have taken the poorest out of tax altogether, and our national living wage has given the poorest people in this country the biggest increase in their wage for a long time.

The right hon. Gentleman said that we were all about a power grab and that the Secretary of State could not name a single power that would be going to the Scottish Parliament. I really do not understand that. In a previous debate, my hon. Friend the Member for East Renfrewshire (Paul Masterton) spent about half his speech listing all the powers that will be going to Holyrood. In fact, due to the time limit on his speech, he did not have time to list them all.

Stuart Andrew Portrait Stuart Andrew
- Hansard - - - Excerpts

My hon. Friend is absolutely right. This is part of the process the SNP is trying to use. It is trying to create an image that the Government are trying to take powers away from Scotland when the fact is that, when those powers come from Brussels, when we leave the EU, we will transfer those powers to the Scottish Parliament. That is why Nicola Sturgeon herself has had to increase the size of her Cabinet: because it has more responsibility. Those are not my words, but her words in answer to why we were increasing—

Ian Blackford Portrait Ian Blackford
- Hansard - -

On a point of order, Mr Speaker. Can I just clarify what has been going on here? Through the withdrawal Act, powers that are reserved under the Scotland Act are being taken back by Westminster. That is the reality and that is the fact. No powers are being gifted by Westminster. The Minister is simply wrong.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Unfortunately, the right hon. Gentleman’s point of order suffers from the grave disadvantage of not even approximating to or imitating a point of order. As the cheeky grin on the right hon. Gentleman’s face testifies, he knows. He was declined when he sought to intervene and he therefore opted for the somewhat cheeky ruse of a bogus point of order, but he has made his point.