Mark Harper Portrait Mr Harper
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I have been tempted to speak for longer than I had intended.

I hope that, after running through the new clauses and amendments in this group, I have set out reasons why all of them should be opposed by those who wish to trigger article 50. If any of them are pressed to a Division, I hope the Committeee rejects them.

Tasmina Ahmed-Sheikh Portrait Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)
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I will speak to the amendments tabled in my name and in the names of my hon. and right hon. Friends.

I take the House back to the morning of 24 June when the then Prime Minister, the then Chancellor and the current Foreign Secretary were missing in inaction, and the First Minister of Scotland took to the steps of Bute House to address the people of Scotland. Let us be clear: we absolutely respect how the people of England and Wales voted in the EU referendum. In turn, we ask that the way in which the people of Scotland and Northern Ireland voted to be equally respected.

Forty-eight hours after assuming office, the Prime Minister travelled to Scotland to meet the First Minister. Ahead of her visit, the Prime Minister directly addressed the people of Scotland, stating that

“the government I lead will always be on your side. Every decision we take, every policy we take forward, we will stand up for you and your family—not the rich, the mighty or the powerful. That’s because I believe in a union, not just between the nations of the United Kingdom, but between all of our citizens.”

That is what she said then, but I turn the Committee’s attention to page 3 of what can only be described as an executive summary, as opposed to a White Paper, in which she refers to “one nation.” Hon. Members across this House would do well to understand that, as long as the Prime Minister and the Government continue to believe that this is one nation, they will make no progress whatever in their relationships with the rest of the United Kingdom. We are not one nation; we are a Union of nations. The Government need to remember that.

Alex Salmond Portrait Alex Salmond
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I am going to do something that I have never done before—quote an extract from The Daily Telegraph. It reported on 15 July last year:

“Theresa May has indicated that…she will not trigger the formal process for leaving the EU until there is an agreed ‘UK approach’ backed by Scotland.”

What does my hon. Friend think has happened to the Prime Minister’s commitment?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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Interestingly, if hon. Members turn to page 17 of the so-called White Paper, they will see a change of wording. We have moved from having a “UK approach” to “seeking” to agree a UK approach—another change in the Prime Minister’s position.

Neil Gray Portrait Neil Gray (Airdrie and Shotts) (SNP)
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On that basis, is my hon. Friend surprised that the UK Government now seem willing to seek separate deals not for Scotland or Northern Ireland, but for the car industry in Sunderland and for the City of London?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I will come to that issue in a moment.

The Scottish National party’s compromise amendments propose a UK approach for all of “Team UK”, which is what the Prime Minister would like to think we are. I say the amendments are a compromise because that is exactly what they are. We fundamentally believe that the best future for Scotland and, indeed, the whole United Kingdom is to remain in the EU. But in the spirit of reaching a consensus—I object to Members who have suggested that we are not participating in the process—we have tabled 50 amendments, to which my colleagues and I will now speak. That is our involvement in the process. The First Minister of Scotland was clear that she was laying out a number of options. The ball is in the Prime Minister’s court.

Lord Swire Portrait Sir Hugo Swire
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In retrospect, does the hon. Lady regret the SNP’s peddling of the myth during the Brexit campaign that Scotland alone could somehow remain in the EU without any of the sanctions in the Lisbon treaty—joining the single currency of the euro and so on? Does she regret proposing that to the Scottish people as a fact, rather than as fiction, which is what it was?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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The only myths in the independence referendum in Scotland were those peddled by the right hon. Gentleman’s friends in the Conservative party and those in the Labour party—that is where the myths came from. I am grateful to him for reminding the Committee, and indeed all those who are watching, that that is precisely the case.

The First Minister of Scotland has laid out a number of options, which are included in the paper my colleagues will refer to. However, I would remind hon. Members that, before the independence referendum, the Scottish Government produced a 670-page document called “Scotland’s Future”. We knew then, and we know now, that we can make a success of an independent Scotland. Hon. Members should compare and contrast that with page 65 of the so-called White Paper, where this Government are already talking about failure and

“passing legislation as necessary to mitigate the effects of failing to reach a deal.”

That does not instil much confidence in anybody.

Specifically on the amendments and new clauses, new clause 26—the teamwork clause—would, if accepted, mean that article 50 was not triggered until the Team UK approach was agreed by each individual member of the team. Is that not what the Prime Minister said? On that basis, I hope we will have support on both sides of the Committee for the new clause.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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Could the hon. Lady clarify whether new clause 26 would effectively give the First Minister of Scotland, if she refused to agree, a veto over the exercise of article 50?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am grateful to the hon. Gentleman, whose interventions are always astute. I refer him to the wording of the new clause, which refers specifically to

“a UK wide approach to, and objectives for, the UK’s negotiations”.

Those are the Prime Minister’s words.

New clause 139 would require a substantive vote on this matter to be held in each of the devolved Parliaments prior to article 50 being invoked, further strengthening the democratic mandate for that action. New clause 144 sets out a mechanism to ensure that all devolved Administrations will have direct representation in negotiations on leaving the EU, enabling the negotiating team to have expert input from each constituent part of the UK. Given what we have seen so far, this Government are in need of some expert input. Following that, new clause 145 would set in legislation what we already understand to be possible and deliverable—the negotiation of a differentiated agreement for Scotland, so that it can retain its vital access to the single market by remaining part of the European economic area.

Amendment 46 further strengthens the role of the devolved Parliaments in this process, while amendment 55 would specifically ensure that the people of Northern Ireland are represented in this process by the newly elected Northern Ireland Executive following the upcoming election. Amendment 60 would ensure formal cross-border discussion of the Government’s proposal to maintain a frictionless land border with Ireland. Lastly, amendment 63 would give Scottish Parliament, Northern Ireland Assembly and Welsh Assembly Members the same opportunity to hear the Prime Minister address them on Brexit as she afforded members of the US Congress who attended the Republican party awayday in Philadelphia last month. That is only fair.

We know from last week’s brief White Paper that the Government still believe there should be a special deal for Northern Ireland in our negotiations with the EU. A frictionless border between the UK and Ireland remains their priority. We also know that the UK car industry and the City of London, to which my hon. Friend the Member for Airdrie and Shotts (Neil Gray) alluded, have also been singled out for special attention in the negotiations. It is becoming clearer with each passing day that the Government will be willing to pay through the nose to secure a special arrangement where that is in their political or economic interests.

Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
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I hope my hon. Friend will press all these provisions to a vote, because everyone here loves trooping through the Lobby and exercising their parliamentary sovereignty. However, does she agree that a differentiated deal for Scotland, with Scotland retaining its access to the single market, would benefit the rest of the United Kingdom? The Government are very keen to retain a land border with the EU on the island of Ireland, so why would they not want a land border on the actual island of Great Britain so that England could trade over that border into the single market in Scotland?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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As usual, my hon. Friend makes very salient comments, although I suspect they will fall on deaf ears, and we know what the result of that might well be.

The Scottish Government have been clear that they are willing to make fundamental compromises to ensure that we can agree a UK-wide approach. The Scottish Government’s White Paper, “Scotland’s Place in Europe”, sets out a series of options that could be taken, if this House so wished, to protect the precious Union that Members talk about so often—to protect Scotland’s political, social and economic interests in Europe while also remaining part of the United Kingdom. It is now time for this Whitehall Government to start to treat Scotland seriously and with respect. We know that such a differentiated deal is possible. Only yesterday, the Secretary of State for Scotland, who I am delighted to see in his place, said during a BBC interview—well, not much about anything in particular, but we did get this from it—that it is “not impossible” to have a differentiated deal for the constituent parts of the UK. The amendments tabled by the SNP set out a framework for us to work together in the interests of Scotland to deliver this.

We welcome the UK Government’s White Paper, which acknowledges the role of the Joint Ministerial Committee and states that it is in place to

“Seek to agree a UK approach to, and objectives for… negotiations”.

I refer the hon. Member for North East Somerset (Mr Rees-Mogg), in relation to new clause 26, to those words of the Prime Minister. However, it simply was not acceptable for the Prime Minister to seem to dismiss the Scottish Government’s plan out of hand in her speech at Lancaster House before the JMC had even met to discuss it. The SNP does not believe that “involving” the devolved Administrations ends with the JMC. We want to see real, tangible efforts to develop a proposal acceptable to all the UK, not a toothless talking shop. That is why we have tabled an amendment calling for the devolved Administrations to have direct representation in the negotiations as we come to an agreed UK-wide deal.

Tomorrow the Scottish Parliament will vote on the triggering of article 50. The Prime Minister should respect that outcome. We also believe that the Prime Minister—

Shailesh Vara Portrait Mr Vara
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The hon. Lady talks about the Prime Minister respecting a decision. Will the hon. Lady respect the unanimous decision of the Supreme Court that the Prime Minister can decide, and that this is the place where we can decide, for the whole of the United Kingdom?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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The hon. Gentleman has already made that intervention and was given an answer. Is it his position that the Scotland Act 2016 has no meaning—no value? Is it his position that notwithstanding the terms of the Scotland Act he is going to ignore the wishes of the Scottish Parliament and the other devolved legislatures?

Shailesh Vara Portrait Mr Vara
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rose

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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No, the hon. Gentleman has had more than enough time.

Shailesh Vara Portrait Mr Vara
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rose

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am not taking any more interventions. I have answered the hon. Gentleman’s question.

We also believe that the Prime Minister should not trigger article 50 before the Northern Irish Assembly election on 2 March has taken place, and that there must be a meeting of the British-Irish Council to discuss urgently the immediate effect of the UK’s exit from the EU on the Irish border. That is because such a deal is not just possible but absolutely essential to Scotland, in a number of ways. It is essential for Scottish business. The British Chambers of Commerce’s “International Trade Survey” is further evidence of the damaging impact that the threat of a Tory hard Brexit is already having on Scottish and UK businesses. [Interruption.] It is not rubbish, as the hon. Gentleman says, unless he wants to rubbish the results of that survey, and with it the British Chambers of Commerce. I suspect not, hence he is still in a sedentary position. Published today, it reveals that of the 1,500 businesses surveyed, nearly half, or 44%, said that the devaluation of sterling since the EU referendum was having a negative impact on domestic sales margins, while over two thirds, or 68%, expect the fall in the pound to increase their cost base in the coming year, with more than half of companies—54%—expecting to have to increase the prices of their products as a result.

Such a deal is also essential for Scottish exports.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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The hon. Lady is making a very passionate speech, but clearly if the pound devalues, that is very good for exporters, including exporters in Scotland. There are two sides to that coin.

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am grateful to the hon. Gentleman, as ever, for his recognition of a passionate speech, although I wish he would pay more attention to the words that I am using while I am delivering it. Is it the Tory Government’s policy to continue with a devalued pound? Is that their vision for the economy of the United Kingdom? That is my answer to the hon. Gentleman’s question.

Michael Gove Portrait Michael Gove
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Will the hon. Lady give way?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am not going to give way just now, if the right hon. Gentleman does not mind.

In relation to Scottish exports, new figures published by the think-tank Centre for Cities last weekend show just how vital the EU single market is for Scotland’s four largest cities. Exports to the EU from Aberdeen, Dundee, Edinburgh and Glasgow alone total nearly £7 billion. The report also stated that 61% of Aberdeen’s exports go to the EU, which shows the importance of that export market to Scotland. It is also essential to maintain Scotland’s skilled workforce.

Michael Gove Portrait Michael Gove
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Will the hon. Lady give way?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am not going to give way just now; allow me a few minutes to make some progress.

This morning, Holyrood’s cross-party Europe Committee published its latest report on Brexit, in which it recommended a bespoke Scottish immigration system—almost on cue; I believe, from memory, that that was something propagated by someone on the Government Benches during the campaign. We now know that those who campaigned to leave the EU, like those who campaigned against Scottish independence, were prepared to say anything to win the day and leave the rest of us to pick up the consequences. The findings of the report were based on extensive evidence heard by the Committee, which detailed the demographic crisis that Scotland would face without its EU citizens.

Ian Paisley Portrait Ian Paisley
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I have been listening very carefully to the points that the hon. Lady made with regard to Northern Ireland. If I heard her right, she indicated that until a new Northern Ireland Executive is established, the Government should not trigger article 50. Northern Ireland is at a difficult crossroads at the present time. If no Executive is ultimately established after 3 March, does she seriously believe that the whole United Kingdom should be held to ransom until that conundrum is resolved?

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am grateful to the hon. Gentleman for making that point, which I understand. However, I would also ask: why is the whole United Kingdom being held to ransom by the Prime Minister’s selection of some random date, with no view to the consequences for the whole of the country? We are required to work to that date, but it came about on a whim.

A deal such as I have described is essential for the fishing industry. I mention the fishing industry because for too long it has been ignored by this Government, who have not stood up for it in Europe. The White Paper seems to confirm the worst fears of our fishermen, who now believe that without a specific Scottish deal, their interests will be negotiated away once again, as they have been before.

It is clear that a differentiated deal for the constituent parts of the UK is optimal, deliverable and essential to protecting our interests. Now is the time for the Prime Minister of the United Kingdom to keep her promises to Scotland—as she said, a “UK approach” for all of “Team UK”. Be under no illusions; my colleagues and I were elected by our constituents to stand up for Scotland, and that is exactly what we will do. One way or another, Scotland’s interests will be protected.

The amendments and new clauses that we have tabled would strengthen the UK’s future negotiating position with the EU and provide a framework to serve the best interests of its constituent parts. Our proposals crystallise in legislative specifics the grand platitudes that the Prime Minister and others have spouted about Scotland’s place in the UK and our role in the process.

Michael Gove Portrait Michael Gove
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The hon. Lady referred earlier to the impact of the pound being devalued. Could she tell us which currency an independent Scotland would have? Would it be the pound, the euro or some other currency of her invention, or of the invention of the right hon. Member for Gordon (Alex Salmond)? [Interruption.]

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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As my colleagues are saying from a sedentary position, the right hon. Gentleman does not believe in expert opinion anyway. Perhaps he will agree—his mention of another independence referendum speaks to this fact—that the question that was posed to the people of Scotland in 2014 was about a United Kingdom different from the one that exists now. Of course, it is in the gift of the Government and Members from across the House to agree to our proposals. They offer a compromise position, if the right hon. Gentleman does not want another independence referendum. But if we do have one, the arguments will be put forward to the people of Scotland for them to make that decision. The proposals give the Government an opportunity to put their money where their mouth is when it comes to respecting Scotland and the devolution process.

Quite simply, the UK is either a country that respects all its constituent parts or it is not—the question is as simple as that—and this Government need to decide today one way or another. We are waiting for our answer and, indeed, we are ready to respond, but if the UK Government decide to turn their back on the Scottish Government and the Scottish Parliament, voters in Scotland will be left under no illusion about how this Government intend to deal with Scottish interests in future negotiations. If the Scottish people can no longer trust the UK Government to act in their interests, it will be for the people of Scotland to decide the best way to rectify this unsatisfactory situation of an increasingly disunited kingdom.

John Redwood Portrait John Redwood
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I support the remarks of my right hon. Friend the Member for Forest of Dean (Mr Harper). I thought he took the Committee patiently through a number of important amendments tabled by Opposition parties, and he explained why some of them are needless because the Government are perfectly well intentioned in relation to the other parts of the United Kingdom and wish to consult very widely, and how some of them would be positively damaging because they are designed as wrecking amendments to impede, delay or even prevent the implementation of the wishes of the people of the United Kingdom.

My disappointment about both the Labour and the Scottish National party amendments is that there is absolutely no mention of England in any of them. To have a happy Union—I am sure the Scottish nationalists can grasp this point—it is very important that the process and solution are fair to England as well as to Scotland. I of course understand why the Scottish nationalists, who want to break up the Union, would deliberately leave England out of their considerations of their model for consulting all parts of the United Kingdom. That is deliberate politics, as part of their cause to try to find another battering ram against the Union.

In the case of Labour, however, I find that extraordinarily insouciant and careless. The Labour party is now just an England and Wales party, with only one representative left in Scotland and none in Northern Ireland. Yet it seems to be ignoring the main source of its parliamentary power and authority because it does not say anything in its amendments that would give a special status to England alongside Scotland, Wales and Northern Ireland and provide proper consultation throughout all parts of the UK. The Labour spokesman, the hon. Member for Darlington (Jenny Chapman)—she spoke very eloquently, and in a very friendly way—did not mention the word “England”, and she had no suggestion about how England should be properly represented and England’s views properly taken into account in the process that is about to unfold.