Sewel Convention

Stephen Kerr Excerpts

Monday 18th June 2018 Commons Chamber

[Ian Blackford]

The Scottish people voted overwhelmingly for that Parliament, and one of the reasons for that was that we had suffered so badly during the years of the Thatcher and Major Governments, who destroyed communities up and down the land. It is little wonder that the Tories then paid the price and were wiped off the political landscape in Scotland. Today, we see the Scottish Conservatives behaving exactly as they did in the past, and I make this prediction: they will pay the price again, because they have stabbed the Scottish Parliament and the people of Scotland in the back by taking these powers back.

Scotland is watching, and it is not just the supporters of the SNP who are alarmed. Those who cherish our Parliament are outraged by the attacks on Scotland’s Parliament—[Interruption.] I have to say that the behaviour we are seeing here is illuminating. We should be having a respectful debate, as others have called for—[Interruption.] I am generous in allowing interventions from both sides of the House, but this braying and shouting does nobody any favours. Members on the Government Benches really ought to think about their behaviour and about how it comes across to the people of Scotland. The mood in Scotland has changed. There is a widespread recognition that the Conservatives have reverted to type and that they are attacking devolution—nay, attacking the interests of the people of Scotland.

[Stephen Kerr (Stirling) (Con)]

Last week, when we divided on the Lords amendments, we on this side of the House voted for more powers for the Scottish Parliament. The SNP voted against additional powers for the Scottish Parliament.

[Ian Blackford]

Dear, oh dear, oh dear. The hon. Gentleman should listen to and watch the reaction in Scotland, because everybody knows that he and his colleagues last week went through the Lobby to vote to strip powers from the Scottish Parliament without a debate in this place. He really ought to be ashamed of himself.

Since the Tories like to talk about referendums, let me remind the House that 74% of those who voted in our referendum in 1997 voted for a Scottish Parliament—our Parliament—and it belongs to all of us. We should not forget that the Tories opposed devolution from the introduction of the home rule Bill in this Parliament in 1913 right up to 1997 and that the Tories have form in standing up against the Scottish Parliament. The remark from the Secretary of State for Scotland that we are not a partner within the UK is simply confirmation of how he sees Scotland’s place. It is little wonder that he fails to stand up for Scotland as a country and for our Parliament. He sees us as subservient. That is the nub of the problem and that is why the Secretary of State for Scotland needs to go. The Secretary of State is simply unfit for the office that he holds. He cannot fight Scotland’s corner because he will not fight Scotland’s corner.

By ignoring the Scottish Parliament during the passage of the European Union (Withdrawal) Bill, the UK Government have risked the security of the devolution settlement. This is an extremely serious development. Section 28(7) of the Scotland Act 1998 confirms that Westminster retains its unlimited sovereignty. 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. There has been no agreement. The Scottish Parliament voted by 93 votes to 30 not to consent to the EU withdrawal Bill. Why did the Secretary of State for Scotland not stand up for the Scottish Parliament? Why does he not get up now and tell us that he will stand up for the rights of the Scottish Parliament? Grow some backbone and stand up for Scotland.

The UK Government’s website states:

“The main role of the Scottish Secretary is to promote and protect the devolution settlement.”

My goodness, he has been found wanting on that one. While the Secretary of State has not done very well at defending devolution, he is the one who wants to kick the legs away from the agreed settlement. What a disgrace. He has been a dismal failure on living up to the definition, which the Government have stated, to protect devolution. The Secretary of State has ambushed devolution. At every turn, he has failed to defend the devolution settlement. Where are the amendments to protect our interests that he promised? He should have told the UK Government that there must be protected time to debate the effect of the withdrawal Bill on Scotland’s position, but he failed again. The Secretary of State for Scotland has no credibility. There is no coming back from this. He must resign or the Prime Minister must sack him.

The EU withdrawal Bill is the biggest attack on devolution that we have ever witnessed. The UK Government’s power grab aims to keep Scotland’s powers in London, not in Scotland. As currently drafted, the legislation would keep devolved powers coming back from Brussels here in London—[Interruption.] It is shocking—24 powers in devolved areas, such as fishing, agriculture, the environment and food labelling. That is an absolute scandal.

--- Later in debate ---

[Mr Alister Jack (Dumfries and Galloway) (Con)]

I share the disappointment that has been expressed in the Chamber today that we were not given the opportunity to discuss these very important issues during last week’s debate. However, that is where my agreement with the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) ends. It is worthwhile highlighting why we did not have the time to debate these matters last week: 11 times last Tuesday the Labour party caused this House to divide. Labour Members knew exactly what the consequences would be in terms of timings, but they persisted and sacrificed the time available for Members to contribute to the debate. So I am delighted that we have the opportunity to discuss the ramifications of clause 15 today.

Once we leave the European Union, the Scottish Parliament will be even more powerful than it is just now—that is a fact. Every one of the powers being repatriated from Brussels after Brexit is already with Holyrood at implementation level, no power that currently resides there is being removed. We could be having a debate about how those powers could be used to improve the lives of our fellow Scots, but instead, unsurprisingly, we are doing what the SNP loves best and talking about process. Like my right hon. Friend the Secretary of State for Scotland, I regret that the Scottish Government were not able to agree a deal with the UK Government on the transfer of powers, but I have to be honest and say that I was not surprised. It really is questionable whether Nicola Sturgeon was ever going to do a deal in the first place. Let us not forget that within hours of the EU referendum result being declared two years ago, she summoned the media to Bute House and instructed her officials to start drawing up the necessary legislation for a second independence referendum. She knew fine well that a deal with the UK Government would have been detrimental to her plans for a re-run of 2014.

[Stephen Kerr]

Does my hon. Friend agree with Jim Sillars, the former deputy leader of the Scottish National party, who said:

“Let me be blunt: the stand-off between Holyrood and Westminster is primarily the fault of Nicola Sturgeon”?

[Mr Jack]

Obviously, I do agree with that, and I also agree with Jim Sillars—[Interruption.]

--- Later in debate ---

[Stephen Kerr (Stirling) (Con)]

Let us consider the following:

“Castigating the Tories for a ‘power grab’ of repatriated powers while acting like a fifth column for the EU in Scotland, has left the SNP in the ludicrous position of demanding powers from Theresa May that Nicola Sturgeon promises an independent Scotland will hand back to Jean-Claude Juncker.”

They are the words of Jim Sillars, the former deputy leader of the SNP, and as the current deputy leader is currently in the Chamber, it is appropriate to mention them. There is no such thing as a power grab here—it is a myth. The devolution settlement is not being undermined, overturned or dismantled. Devolution is not being destroyed by this process; it is being enhanced. Powers now held in Brussels are returning to Edinburgh and I, with the zeal of a convert to the principle of devolution, would not countenance anything less. My party in power has a proud track record of delivering more powers to the Scottish Parliament and safeguards are in place to ensure that the powers we are repatriating as we leave the EU flow to Edinburgh, to make our powerful Parliament even more powerful. I voted last week for more powers for our Parliament—the SNP voted against those new powers.

It would be good if the SNP in Edinburgh could even begin to get their arms around the powers they are already have and use them for the benefit of Scotland. They promised an independent Scotland in 18 months, but they cannot get to grips with social security powers passed to Holyrood until 2021. They say that they can create an independent Scotland for £400 million but they have budgeted £200 million to set up the Scottish social security system. They had to spend £180 million on a computer system to manage farm payments and still they are failing. But we are told there is a power grab and that, frankly, is gobsmacking.

Time is very much against me, so I wish to say just that I truly believe that my right hon. Friend the Prime Minister has the good will of the vast majority of the people of our country—by that, I mean Scotland. She has a difficult and complex task in hand, but she is being principled and pragmatic. We are leaving the European Union, the customs union and the single market, and this House should, if I may paraphrase the common sentiment of the people of Stirling, “Just get on with it”.