UK Intergovernmental Co-operation

Tommy Sheppard Excerpts

Wednesday 20th June 2018 Westminster Hall

[Tommy Sheppard (Edinburgh East) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I had hoped that more Members would be present today, but I realise that this feels a little like a break-out group from the main plenary in the Chamber of the House of Commons.

I have two preliminary points. First, the last time I replied to the hon. Member for Stirling (Stephen Kerr) in a debate that he initiated in Westminster Hall, I said that I would not congratulate him because I felt that he was being extremely partisan in using this forum for debate to attack the Scottish National party. On this occasion, I welcome the fact that he has initiated this debate, and I congratulate him on the way that he conducted himself during the first half of his speech. There were moments when he perorated on constitutional and democratic theory, and I would respect that in any debate in this Chamber. Unfortunately, he got ahead of himself. He could not really help himself, and he went into his usual rehearsed invective against my party, the Scottish Government and, I suppose by implication, the 40% of the Scottish electorate who support what we argue for. That was a bit of a shame. I feel that he let himself down at the end, but there we go—something is better than nothing.

My other preliminary point concerns what a number of Members have said about the events of last week, which they described as some sort of theatrical parliamentary stunt, or apparent walkout, by my party. That situation arose last Wednesday because of what had happened the day before, when we were given 19 minutes to discuss all the consequences of the Lords amendments to the Brexit Bill in the context of Scottish devolution, Welsh devolution, and the whole question of Ireland and the Irish border. Nineteen minutes—one minute for every year that devolution has existed. I think everyone will agree that that was woefully inadequate; I hope that even the Minister will agree with that. When the leader of my party tried to protest about that lack of—

[Phil Wilson (in the Chair)]

Order. The hon. Gentleman is taking us away from the subject at hand. If he could concentrate on the motion before us that would be more than welcome.

[Tommy Sheppard]

I will take your guidance, Mr Wilson, but I am responding to the debate and those accusations were made. I want to put on the record that we attempted to protest about that lack of opportunity to represent our constituents, and I feel that a better Prime Minister would have acknowledged that and provided more time. Instead she was dismissive of the leader of my party, who then got into a row with the Speaker who expelled him from the House. I do not know what else we could have done at that juncture except walk out in solidarity.

[Luke Graham]

Will the hon. Gentleman give way?

[Tommy Sheppard]

I fear not. I suspect that the Chair does not want us to get into a discussion about the events of last Wednesday.

Let me turn to the motion before us. It is good that we are discussing this issue now, because it is topical and relevant. We are in the middle of a process that is all about relations between the United Kingdom Government and the devolved Administrations of the United Kingdom. Government Members have suggested that when I use phrases such as “power grab”, not only am I over-egging the pudding, but I am completely misrepresenting the position. Apparently there is no power grab whatsoever; there is a powers bonanza with a huge list of powers being given to the Scottish Government—indeed, that list was read out in the Chamber last week. From the Labour Benches, the hon. Member for Edinburgh South (Ian Murray) says, “Actually, you are both wrong. It is neither a power grab nor a powers bonanza. Those are partisan arguments from two parties, one in government in Scotland, and one in government in the UK.”

I would like to test the arguments about a power grab. First, one must distinguish between responsibility for a particular area, and the power to execute and change policy in that area. It is proposed that the Scottish Government should get a list of additional responsibilities after powers are repatriated from Brussels post-Brexit, but they will have much less authority and power than they currently have to do anything about those responsibilities. In 24 major areas—the most significant ones—the way that the Scottish Government discharge their responsibilities will be subject to a United Kingdom framework. We do not know the details of that framework because the discussion has not even got that far. So far in the Joint Ministerial Committee on Europe, and other forums, there has been a discussion on the principles of how those arrangements might work, but it is the principles that are the problem.

Let me illustrate that by an example. Suppose after Brexit, we have a joint committee of the United Kingdom, involving the United Kingdom Government and the devolved Administrations, to discuss agricultural policy. In that body, the interests of Scottish farmers would be represented by the Scottish Government or their appointees, and likewise for Wales and possibly Northern Ireland. The interests of English farmers would be represented by the Department for Environment, Food and Rural Affairs—a Westminster Department. Why? Because there is no other body to do that for English farmers. There is no English Government or representative for English farmers.

I agree that English farmers need to be represented thoroughly in those discussions. The problem is that when there is a difference of opinion between the components of those arrangements, DEFRA will decide what happens. As well as advocating for the interests of one party, it will sit as judge and jury in deciding what happens for everyone else. That effectively means that this Parliament—Westminster—always gets to dictate what happens to the devolved Assemblies. There are two potential ways round that. One is to find another way of representing English farmers, such as by having an English Parliament or some other body, and the other is to allow DEFRA to continue to do that, but to have an independent arbiter as part of the arrangements that can arbitrate in disputes, supported by all parties and according to an agreed set of rules. That is exactly the proposition that the Scottish Government put forward in the JMC, but it was dismissed by the Westminster Government. We have therefore stalled the discussions about joint arrangements because there is no agreement in principle. We must return to the realisation that if we are to make this work, there must be a partnership between the component parts of the UK.

I do not accept for a minute that we need such joint arrangements to dictate uniform policy all the time, although there will be times when a case for that can be made. Sometimes, however, it is simply a matter of co-ordination. What does it matter if some things differ in different parts of the United Kingdom? Perhaps we can benefit if one Administration were to go further, while others might like to take see their time and see whether something works.

A smokescreen is being presented that claims that we cannot have the type of system I suggest because it would affect the United Kingdom’s ability to undertake trade deals. I think that is nonsense. No one is arguing for executive authority over farms and fisheries in Scotland to frustrate a United Kingdom trade deal. Let me illustrate that, because at the moment there are differences. Take liquor retail, for example, which I worked in before I became a Member of the House. At the moment there are completely different regulations north and south of the border. For example, the previous licensing Act prohibited the use of incentives to buy alcohol through discounting—we cannot have a three-for-two offer in Scotland.

[Phil Wilson (in the Chair)]

Order. I hope the hon. Gentleman is bringing his remarks to a close because I want to bring in two other Front-Bench speakers and allow time for the mover of the motion to wind up the debate.

[Tommy Sheppard]

I am sorry, Mr Wilson. I thought I had 10 minutes, but I will bring my remarks to a close. At the moment, retailers and wholesalers in Scotland have different point of sale presentations, and different packaging on products. That is really not a problem—people are trying to make it one but it does not exist.

Finally, my beliefs have been caricatured and mis- represented in this debate. SNP Members have been called “nationalists” in the same sort of breath with which one might describe a pervert or somebody who has something wrong with them. Mine is a legitimate belief and not something that seeks to divide people—far from it. It is something that seeks to bring people together and allow them to exercise their democratic expression. What it boils down to is a belief that the people who live in Scotland should be the ones who control what happens in Scotland. We wish that power for the Scottish people in order to engage better with our neighbours. We seek not to put up fences but to break them down, and to have better arrangements for the whole island and the whole continent. In order to do that, people in Scotland must have the authority to make those deals and strike that mission for themselves.

[Phil Wilson (in the Chair)]

Before I call the Labour Front-Bench speaker, let me say that I would like to bring in the Minister at 3.48 pm.