Oral Answers to Questions

Joanna Cherry Excerpts
Wednesday 13th September 2023

(6 months, 2 weeks ago)

Commons Chamber
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John Lamont Portrait John Lamont
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I am happy to work with all colleagues across the United Kingdom to advance the fishing industry, and I am happy to meet the hon. Member to discuss how we do that together.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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11. What discussions he has held with Cabinet colleagues and the Scottish Government on the devolution of drugs policy to Scotland.

Marion Fellows Portrait Marion Fellows (Motherwell and Wishaw) (SNP)
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12. What discussions he has held with Cabinet colleagues and the Scottish Government on the devolution of drugs policy to Scotland.

Alister Jack Portrait The Secretary of State for Scotland (Mr Alister Jack)
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Illicit drugs destroy lives and devastate communities. The United Kingdom Government’s 10-year drug strategy sets out ambitious plans, backed by a record £3 billion over three years, to tackle the supply of illicit drugs and build a world-class system of treatment and recovery. This is a UK-wide strategy, and there are no plans to devolve drugs policy to the Scottish Government.

Joanna Cherry Portrait Joanna Cherry
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The Lord Advocate has announced that she is not going to prosecute drug users for simple possession offences committed within a pilot safer drugs consumption facility. Both the Home Affairs Committee of this House and the Scottish Affairs Committee have recommended that the UK Government support such a pilot in Glasgow by creating a legislative pathway under the Misuse of Drugs Act 1971 that would enable such a facility to operate, or by devolving the power to the Scottish Government. Both cross-party Committees of this House are very clear that the evidence shows that those measures could be lifesaving, so when will the Secretary of State act to save lives in Scotland by persuading his Government to drop their intransigence on this issue?

Alister Jack Portrait Mr Jack
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It was disappointing that the Scottish Government were not prepared to work with the UK Government on Project ADDER. That offer was made with supporting funding. The E in ADDER is for “enforcement”. I believe the police and the Procurator Fiscal Service should be enforcing the laws in Scotland, not decriminalising drugs, because enforcement helps to drive people to health solutions.

Cost of Living and Brexit

Joanna Cherry Excerpts
Wednesday 14th June 2023

(9 months, 2 weeks ago)

Commons Chamber
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Philippa Whitford Portrait Dr Philippa Whitford (Central Ayrshire) (SNP)
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I beg to move,

That this House agrees that increases in the cost of living are having a detrimental impact on businesses and families across Scotland and the rest of the United Kingdom; notes that the United Kingdom’s exit from the European Union has played a significant role in driving those increases; further notes that the devolved administrations do not possess the full financial powers required to effectively mitigate the increases in the cost of living in the devolved nations; accepts that finding solutions to the cost of living crisis deserves dedicated parliamentary time to investigate all matters relating to increases in prices and of the contribution of exiting the European Union and of Westminster economic policy to those increases; and resolves that the following shall be a Standing Order of the House:

Cost of Living Committee

1. There shall be a select committee, to be called the Cost of Living Committee, to examine the causes of and possible solutions to matters related to the cost of living in the United Kingdom, the consequences of the United Kingdom leaving the European Union and the cost of living, how the effect of changes in the cost of living affects the economy, and other connected matters.

2. The committee shall be chaired by a Member from the second largest Opposition Party and shall additionally consist of 22 Members from the Government party and 22 Members from opposition parties, drawn from the following Committees

Committee

Number of Members

Business and Trade

3

Energy and Net Zero

3

Environment, Food and Rural Affairs

3

Health and Social Care

3

Home Affairs

3

Levelling Up, Housing and Communities

3

Northern Ireland Affairs

5

Scottish Affairs

5

Transport

3

Treasury

3

Welsh Affairs

5

Women and Equalities

3

Work and Pensions

3



3. The committee shall have power—

a. to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from time to time; and

b. to appoint specialist advisers to supply information which is not readily available or to elucidate matters of complexity within the committee’s order of reference.

4. Unless the House otherwise orders, each Member nominated to the committee shall continue to be a member of it for the remainder of the Parliament.

5. The committee shall have power to appoint a sub-committee, which shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report to the committee from time to time.

6. The committee shall have power to report from time to time the evidence taken before the sub-committee.

7. The committee shall have power to order the attendance of any Member before the committee and to require that specific documents or records in the possession of a Member relating to its inquiries be laid before the committee or any sub-committee.

8. The quorum of the sub-committee shall be eleven.

The cost of living crisis is the No. 1 issue for most of our constituents: how to keep a roof over their head with the rising cost of mortgages or rent; how to put food on the table when food inflation in the UK is the highest in Europe; how to pay energy bills that double in just a year; and how to cope with overall inflation, which is far outstripping wage growth. It therefore deserves serious focus by this Parliament to find solutions. The Government are already patting themselves on the back that inflation has eased from 10.1% to 7.8%. Of course, that does not mean that prices are falling, just that they are increasing at a slightly slower rate.

There is no question but that the covid pandemic and the war in Ukraine have contributed to the current crisis—particularly through the latter’s impact on global energy prices—but the UK is the only G7 country not to have recovered to pre-pandemic economic health, and consumers in the UK have faced the biggest energy price rises in Europe.

Despite the current easing of the inflation rate, it is still higher than in the OECD, the EU and the US. So why does the UK have the highest inflation and the poorest growth projections among similar economies? It is simple—the disaster that dare not speak its name: Brexit. As we approach the seventh anniversary of the referendum, one of its key architects may have just left the stage, but Brexit’s disastrous legacy will impact people across the nations of the UK for years to come.

I know as a doctor that the first step for someone in dealing with any problem is to admit that they have one, but both the Government and the Labour party appear to be in complete denial about the contribution of Brexit to the cost of living crisis.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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The Labour party is keen to regain seats in Scotland from the Scottish National party. We obviously hope they do not, but why does my hon. Friend think the Labour party is ignoring the impact of Brexit even in Scotland, when the overwhelming position of the Scots is that they want to remain in the European Union?

Philippa Whitford Portrait Dr Whitford
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I thank my hon. and learned Friend for her contribution. It is quite clear: we saw the discomfort of the Labour party on Brexit for quite a number of years, because its approach to Brexit had flip-flopped backwards and forwards, so it simply avoids the topic.

Until recently, people would think that there had been an omertà in the mainstream media when discussing the UK’s poor economic performance. Despite previously campaigning against Brexit, the Labour leader, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), is now clear that he will not consider rejoining the EU, the customs union or the single market, yet he claims that he can somehow reduce the trade friction that has cut exports by 15% and cost 4% of GDP.

Just as Brexiteers claim the problem is just that Brexit is not Brexity enough, we now have Labour claiming that they will “make Brexit work”. It cannot work, but if the Labour leader wants to reduce some of the damage of Brexit, he should support the idea of a Committee to identify proposals that could be put to the EU prior to the review of the trade and co-operation agreement in 2026. Otherwise, what is the plan—close his eyes, click his red heels together and make a wish? Talk about not reading the room.

Just as polls show that a majority across the UK recognise that Brexit is a mess and would support rejoining the EU, the supposed official Opposition have lashed themselves to the mast of the floundering Tory Brexit ship. I am not quite sure why they are called the official Opposition when they do not seem to do much opposing and just go along with the policies of this Tory Government, whether that is on Brexit, immigration, outsourcing the NHS in England to private companies or denying the right of the Scottish people to choose their own future.

Labour may have abandoned almost all its previous pledges, and does not offer much real change after the next election, but the politicians who have caused the current damage to the UK economy are those with their bahookies squarely planted on the Government Benches. Tory austerity may initially have made the Treasury balance sheet look better, but 13 years of benefit cuts and public sector pay freezes have sucked money out of local economies, leading to dead high streets and rising poverty, particularly among children, pensioners and disabled people.

Austerity also meant that health and care services were already struggling when covid hit, and the workforce shortages that hamper all four UK health services have been exacerbated by the loss of freedom of movement, meaning that they are all struggling to catch up on the backlog.

The cost of energy is a major contributor to the cost of living crisis, but while global energy prices have risen due to the Ukraine war, the problem has been exacerbated by the Tories’ policy over decades. It was their poster girl, Mrs Thatcher, who put the profits of oil, gas and electricity into private hands. That has left the UK fully exposed to global price rises, despite the UK and Scotland’s energy potential. We are unlike France, with its nationalised power supplier, which has been able limit price increases to 4%. The UK has been unable to do that.

While the energy support payments were welcome, they had a limited impact on energy bills, which had doubled in a year. The UK Government did not follow other European countries such as Germany, Spain, Ireland or the Netherlands in substantially cutting VAT on energy bills, even though rising prices means that such a VAT cut could have been revenue-neutral.

Brexiteers actually promised cheaper food—it is hard to believe—but that has turned out to be a complete crock, with food inflation in the UK at more than 19%, the highest in Europe. The costs of basic foods and supermarket brands are rising even faster, meaning that those on lower incomes face a dramatic surge in food costs, with more people resorting to food banks or missing meals. Almost 30% of the UK’s food comes from the EU, so there will be another surge in food prices next winter when the UK introduces full customs checks on foodstuffs being imported from the EU.

Oral Answers to Questions

Joanna Cherry Excerpts
Wednesday 22nd February 2023

(1 year, 1 month ago)

Commons Chamber
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Gavin Newlands Portrait Gavin Newlands (Paisley and Renfrewshire North) (SNP)
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11. What assessment he has made of the potential impact of the Retained EU Law (Revocation and Reform) Bill on Scotland.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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14. What assessment he has made of the potential impact of the Retained EU Law (Revocation and Reform) Bill on Scotland.

Alister Jack Portrait The Secretary of State for Scotland (Mr Alister Jack)
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I realise that many colleagues on the Benches diagonally opposite are somewhat preoccupied with the contest to become the leader of the Scottish National party and Scotland’s First Minister. In my view, this is a real opportunity for a new First Minister to reset the relationship with the United Kingdom Government, to work constructively with us and to make life better for the people of Scotland. We need a First Minister who puts Scotland’s interests above the nationalists’ interests. My offer to all those running in the contest is this: the United Kingdom Government stand ready to work with you, and that will be the real win for improving the lives of people in Scotland.

My assessment is that retained EU law reform will have a positive impact on Scotland by boosting the competitiveness of the economy while respecting devolution and maintaining high standards. Reform will ensure that regulations meet the needs of the United Kingdom, and will provide the opportunity for us to become the best regulated economy in the world, encouraging prosperity, business innovation and—

--- Later in debate ---
Alister Jack Portrait Mr Jack
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When it comes to utter drivel, it should not be a competition, but the hon. Member has taken it to a new height. What utter drivel that was! Workers’ rights are entirely protected; in fact, they are being enhanced by this Government, and they are not dependent on EU membership.

Joanna Cherry Portrait Joanna Cherry
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The negative impacts of Brexit are already visible, with food prices up 6% and a third of the companies that formerly exported to the EU giving up, owing to customs paperwork—and that includes companies in my constituency. Does the Secretary of State not recognise that it is Brexit that is causing more red tape for businesses, and that diverging from EU standards further under this much-criticised Bill will further exacerbate trade friction between the UK and the continent?

Alister Jack Portrait Mr Jack
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No, because I believe that we have a comprehensive trade agreement with the EU, and we are working out and ironing out the problems. We have been very successful in doing that, particularly for the fishing industry. We also have before us huge opportunities: not just the trade deals with Australia, New Zealand and others, but the comprehensive and progressive agreement for trans-Pacific partnership, which will cover almost half the world’s trade and will provide a huge opportunity for Scotland’s food and drink industry.

Scottish Referendum Legislation: Supreme Court Decision

Joanna Cherry Excerpts
Wednesday 23rd November 2022

(1 year, 4 months ago)

Commons Chamber
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Alister Jack Portrait Mr Jack
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My hon. Friend is right; the majority of voters in Scotland vote for parties that support the Union.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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The United Kingdom Supreme Court has answered a legal question this morning, not a political one. The lesson of history is that a nation’s exercise of its right to self-determination can be delayed, but not denied. Can the right hon. Gentleman answer the question that the Prime Minister could not or would not answer: if people living in Scotland continue to elect a majority of pro-independence Members of the Scottish Parliament and MPs who support a second independence referendum, what is the democratic route to realising that mandate?

Alister Jack Portrait Mr Jack
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As I have pointed out, it is not the case that a majority of the Scottish electorate have voted for independence-supporting parties.

Scottish Independence and the Scottish Economy

Joanna Cherry Excerpts
Wednesday 2nd November 2022

(1 year, 4 months ago)

Commons Chamber
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Ian Murray Portrait Ian Murray
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I have a lot of respect for the hon. Gentleman—I genuinely have, and I say that with all sincerity—but I believe that comparisons between Scotland and Northern Ireland are not only unhelpful but, to some, offensive. The purpose of the Good Friday agreement is to create peace on the island of Ireland, and I think that trying to superimpose the Good Friday agreement on the issue of Scottish independence will be seen as it should be seen, as unhelpful and historically inaccurate. [Interruption.] All the SNP Members are shouting, but one of the Labour party’s proudest achievements in office was peace in Northern Ireland. If they think that the Labour party’s position is inconsistent with a position of wanting to keep the UK together, they are simply incorrect. We on the Labour Benches will do nothing—absolutely nothing—to undermine the Good Friday agreement.

As an adjunct and a footnote to that, what SNP Members are proposing in their proposition for an independent Scotland will create the same problems at the border at Berwick as we have in Northern Ireland with the Northern Ireland protocol, and they know that to be the case.

Scotland Act 1998: Role of the Lord Advocate

Joanna Cherry Excerpts
Tuesday 20th July 2021

(2 years, 8 months ago)

Commons Chamber
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Kenny MacAskill Portrait Kenny MacAskill
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Absolutely. There is a clear perception of there being far from equanimity or, indeed, even balance by the Crown.

Now James Wolffe has stepped down as Lord Advocate, replaced by Dorothy Bain. Ms Bain has an illustrious record of service and I wish her well, but the structural flaw remains. Personnel changes, no matter how merited, cannot resolve the fundamental flaw of a lack of separation of powers. The impartiality of the Crown is an imperative in a democracy. It must be seen to act in the public interest, not that of the Government or their friends or allies. The coterie who surrounded Mr Wolffe and who were instrumental in driving these policies and actions, often against the wishes and views of long-serving staff, still remain—in particular, the Crown Agent, Mr Harvie, the senior civil servant. Unusually among senior Crown staff, his career has not simply been as a procurator fiscal in Scotland, but has included service in and secondment to British Government Departments.

The situation is now critical as a police investigation has opened into the SNP’s finances. The party leader is the First Minister and her husband is chief executive. This situation would be intolerable in any public body or private company, or even in a bowling or social club in any Scottish town. The idea that the chief steward could be the spouse of the treasurer would draw derision and rejection, but not so in Scotland’s governing party. Worsening that further is the fact that all three members of the SNP finance and audit committee resigned from their roles when refused information by the chief executive. That has been followed by the resignation of the elected treasurer, the hon. Member for Dunfermline and West Fife (Douglas Chapman), for similar reasons. Given what has happened, can the Scottish public be assured that the investigation will have access to all information, and that any decision to prosecute or not will be made on legal criteria and in the interests of justice?

Protocols have failed, been breached or even abused. Interim steps can be taken to separate the roles. Perhaps there should not just be a recusal, as there no doubt will be by the Lord Advocate, but, as with the Rangers FC investigation, the bringing in of an external judicial adviser. Moreover, the Lord Advocate has recused herself from involvement in the Rangers FC civil proceedings. Maybe she could recuse herself from all direct Government involvement. An in-house legal department exists. The duty to represent the Government in court and pursue constitutional challenges remains, but that can be dealt with by external counsel.

Change and a separation of powers there must be. The twin roles of the Lord Advocate in prosecution and in advising Government are an historical anachronism, and are entirely unsuited to a modern democracy. As a former Justice Secretary, as well as someone who has practised law in Scotland for over 20 years and cherishes our distinct system, I am appalled at what has happened, and I know that is echoed in legal circles.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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I am very grateful to the hon. Gentleman for giving way. I am not going to comment on any of the particular cases that he has mentioned, but is he aware that the First Minister of Scotland has recognised that there is a case for reform and does he agree that all that is really needed is for this House to pass a Bill to amend the Scotland Act to give the Scottish Parliament the power to make alterations to the role of Lord Advocate? The Scottish Parliament could then properly consider what I think he is suggesting—that is, separating the position into roles akin to the Attorney General and the Director of Public Prosecutions in England. I stress that I am not making any comment on the cases that he has mentioned. I am simply drawing to his attention the fact that the First Minister has recognised the case for reform and that this might be the best way to do it.

Kenny MacAskill Portrait Kenny MacAskill
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Recognition is one thing; progress is quite another. We are now in July. Holyrood is in recess. We have had an election. And we are still to see any action other than rhetoric from the Scottish Government. It is entirely inadequate. I do accept what the hon. and learned Member says—that it should be for the Scottish Parliament to decide what the structure should be. I think it has to be a structure that will mirror most democracies south of the border or indeed elsewhere. It should be for the Scottish Parliament to decide, but they have to show greater willingness.

I call on the Minister to engage with the Scottish Government as a matter of urgency so that changes can be made to the 1998 Act to provide for a complete separation of powers between the head of the prosecution service and the senior government legal adviser. Every modern democracy does so and so must Scotland. The failures have been too many and the risks are too great, for justice has not only to be done, but must be seen to be done.

David Duguid Portrait The Parliamentary Under-Secretary of State for Scotland (David Duguid)
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I thank the hon. Member for East Lothian (Kenny MacAskill) and congratulate him on calling this Adjournment debate. I know that he and others—he in particular—have taken a keen interest in this subject. I am grateful for the opportunity to hear his views and those of others on this important constitutional issue, particularly in the light of the hon. Member’s former role as Cabinet Secretary for Justice in the Scottish Government.

I recognise the concerns that the hon. Member raised during his speech regarding the dual role of the Lord Advocate, both current and historical—we always enjoy a bit of Scottish history when we hear the hon. Member speak in this place—as the senior legal adviser and the most senior Law Officer. The hon. Member referenced specific cases. I hope he understands that it would be inappropriate for me or any Minister to comment specifically on those cases at this point. Although the UK Government would have a role to play in any changes to the role of the Lord Advocate, I stress that it would be inappropriate for me to speculate on what action should be taken at this time. I will therefore provide some context on the role of the Lord Advocate before I explain the set process that any changes must go through before the UK Government can take a position.

Joanna Cherry Portrait Joanna Cherry
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I hear that the Minister is not going to speculate or set out a plan, but does he agree that one route might be for this Parliament to pass a Bill amending the Scotland Act so that the dual role of the Lord Advocate could be revisited by the Scottish Parliament? Of course, under the current Scotland Act, the role of the Lord Advocate is reserved to this Parliament. Does he agree that one potential way forward would be to pass very straightforward Bill that gave the power to change the role to the Scottish Parliament?

David Duguid Portrait David Duguid
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I will be coming to that point in a bit more detail later in my response. Although that is possible in theory, I will explain later why in practice the UK Government would choose not to go directly down that route. If the hon. and learned Lady will forgive me, I will come back to that in a minute or two.

The context of the role of the Lord Advocate is the Scotland Act 1998, which I will refer to, for brevity, as the 1988 Act. Section 48 of that Act makes provision regarding the appointment of the Lord Advocate and their removal from office. The 1988 Act itself came about after 74% of voters in the 1997 devolution referendum were in favour of a Scottish Parliament. The subsequent ’98 Act devolved significant powers to Scotland and legislated for the establishment of a Scottish Executive, later known as the Scottish Government, and a Parliament. The Scottish Parliament took responsibility in areas such as education, law enforcement, health and social care, and local government, among others, but there are many others that remain the prerogative of the UK Parliament through schedule 5 to the Act. There are too many to list, but a few examples would be foreign affairs, international trade, defence, national security, energy and, of course, the constitution.

Since 1998, there have been two major adjustments to the devolution settlement, the Scotland Acts of 2012 and 2016. The 2012 Act represented the first transfer of fiscal powers from Westminster to the Scottish Parliament following devolution. After the independence referendum of 2014, where the clear majority voted to stay in the Union, and after the Smith Commission, the 2016 Act was passed to transfer a range of tax and welfare powers to the Scottish Parliament. These Acts have created one of the most powerful devolved Parliaments in the world and give the Scottish Government power over numerous aspects of Scotland’s governance.

As hon. Members will be aware, the Lord Advocate is the Scottish Government’s most senior Law Officer and principal legal adviser—that is the topic of this debate. Section 48 of the 1998 Act, in addition to providing for the appointment of the Lord Advocate and their removal from office, also makes provision for the independence of the Lord Advocate in their capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland. This was to ensure the traditional independence of the Lord Advocate when taking decisions related to those matters continued after they became a member of the Scottish Government.

The Lord Advocate’s role as head of the systems of criminal prosecution and investigation of deaths is, in section 29 of the 1998 Act, protected from modification by an Act of the Scottish Parliament. The hon. Member for East Lothian has mentioned the limitation on legislative competence in section 29, and any formal separation of responsibilities would require legislation. Although the UK Government have the power to bring forward legislation to make this change, in practice we would want to ensure the Scottish Government have first put their proposals to the Scottish Parliament for scrutiny.

Scotland: General Election and Constitutional Future

Joanna Cherry Excerpts
Wednesday 17th March 2021

(3 years ago)

Commons Chamber
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Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP) [V]
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I suspect that even the most ardent Unionist would find it hard to disagree with the basic proposition that a country in a voluntary political union should at all times have the right to choose its constitutional future. The real question is when Scotland should be able to revisit the decision made in September 2014. British politicians telling us that now is not the time tends to mean not ever, so let us analyse what “once in a generation” means in political terms.

The six and a half years that have passed since the 2014 referendum have been tumultuous. We have had three general elections, three Prime Ministers and a UK-wide referendum on EU membership, followed by a serious push for a second referendum on the same topic from people such as the hon. Member for Edinburgh South (Ian Murray), who is now so averse to a second independence referendum. Notwithstanding those efforts, Britain has left the European Union and now we are suffering from a global pandemic. That is a lot more political change than normally happens in the span of a generation. The result of all this turmoil is that more and more people living in Scotland want to revisit the decision made in 2014.

England and Scotland chose markedly different paths on Brexit. That, and the fact that people have more confidence in the Scottish Government’s handling of the pandemic than the British Government’s, are major factors in the change of heart taking place in Scotland. Perhaps the biggest problem that the UK Government and the official Opposition have in attempting to stop another independence referendum is the existence of the Northern Ireland Act 1998. That Act provides that the Secretary of State for Northern Ireland may allow repeat referendums on Irish unity with only a seven-year interval in between. Even allowing for the very different context, if seven years between referendums on the question of whether to leave the United Kingdom is acceptable for Northern Ireland, why is it not acceptable for Scotland? I would like the Minister to address that directly when he sums up today.

The British Government have pressed ahead with their constitutional priorities regardless of the pandemic and its economic fallout, so why should not the Scottish Government? The need to rebuild our economy and our society in the wake of the pandemic provides an impetus to rethink our priorities. If we do not take radical steps now, there will be no change and we will go back to where we were before, which was not a sustainable place. In order to transform Scotland, we need full control over all the decisions that affect us, not just limited powers to tinker around the edges. Independence for Scotland is not an end in itself, but a means to ensuring that the vital decisions about how we run our economy and our society are taken close to home, so that we can do things differently and better.