European Union (Withdrawal) Bill

Part of the debate – in the Scottish Parliament at on 23 January 2018.

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Photo of Jamie Greene Jamie Greene Conservative

I welcome the opportunity to speak in today’s debate, which has focused largely on the motion in hand, with the exception of one or two hyperbole-filled political rants from a couple of members. There is absolutely no doubt that the European Union (Withdrawal) Bill has thrown up a number of previously unforeseen constitutional issues, as we navigate our way through what are really uncharted waters, as the first country to leave the EU.

I commend the work done by each individual member of the Finance and Constitution Committee to come to a consensus on their report—something that is often difficult to achieve given the somewhat partisan nature of the subject. I also thank those who gave evidence to the committee in producing the report. It made for light reading, of course. While I share not the scholarly expertise of some of those witnesses or, indeed, of my constitutionally enlightened colleague, Mr Tomkins, I would like to share some of my own thoughts.

Like many members, I was disappointed to see clause 11 pass through the House of Commons in its current form—some of my colleagues have alluded to their disappointment, in their speeches, too. However, I have every confidence that due scrutiny will be given to clause 11 in the House of Lords, and I have very little doubt about Mr Russell’s ability to make his views known to the House of Lords in the process. It is important that clause 11 is amended in a way that satisfies all parties and addresses the legitimate concerns about it. All parties in the chamber should continue to work in the general spirit that has been demonstrated so far in the process and in today’s debate.

The Finance and Constitution Committee has recommended that interparliamentary scrutiny should form a central part of the Brexit process. Any efforts to improve both the JMC and the intergovernmental relationship would be welcome.

The committee sought a wide range of views and called upon the great minds of a wide range of experts. Professor Jim Gallagher from the University of Oxford made an interesting point about a potential sunset period in clause 11, after which appropriate powers would revert to devolved Administrations—in other words, a blanket repatriation would and should have a defined and finite time period and could be seen by all Governments as a temporary measure and not a permanent one.

The committee noted and agreed that, although clause 11 is designed to be a transitional measure, that status is not currently explicitly reflected and there should be a more prescribed plan for how appropriate powers that have been repatriated from the EU will be passed on within the competences of devolution.

Clause 11 has filled many column inches in the debate, but I want to speak also about what are known as “common frameworks”. The focus should move on to how the issues are interlinked.

It is inevitable that, given the nature of the subject and the need for regulatory convergence or policy harmonisation across the UK, there will be a level of political debate and, unsurprisingly, disagreement. On issues such as the common agricultural policy, the common fisheries policy, environmental strategy and energy regulation, and less obvious issues such as the digital single market, which Willie Coffey referred to, there are bound to be differences of opinion on which aspects require a UK-wide policy and which could or should be subject to regional differences. Kate Forbes discussed that eloquently in her speech. However, there are areas in which regulatory convergence and policy harmonisation are absolutely required in order to preserve the UK internal market and help the UK to prepare for future trade deals. I emphasise the potential impact on our internal market because Scotland exports up to £50 billion to the rest of the UK each year—that equates to 63 per cent of our trade.

A common framework needs common consensus. Last year, David Mundell told the Finance and Constitution Committee that a common framework

“is not a framework that is imposed by the UK Government on devolved Administrations ... it is a framework that is agreed. We have to have mechanisms by which we reach that agreement”.—[

Official Report, Finance and Constitution Committee

, 8 November 2017; c 7.]

The Minister for the Cabinet Office, David Lidington, has confirmed that the UK Government will shortly publish its analysis of where frameworks are or are not needed. More important, it should detail the reasons why, because therein lies the crux of the matter. Where there is a need for commonality, it is vital that a positive case for that is put forward at the same time.

I hope that the conversation will shift to how we will benefit from any new competences at our disposal. That should include an honest discussion about where current European frameworks do not work for Scotland or the UK. It could be argued that, regardless of how we voted in the EU referendum, there is an expectation that we, as legislators, will find those opportunities in the mountains of legislation that will migrate to the UK.

It would be remiss of me to speak about the subject without speaking about finance and funding. A recommendation in the report makes the valuable point that

The UK’s net contribution to the EU will revert to the UK Government”,

and funding that is currently derived from the EU, especially for devolved competences, will require a new funding path. Nothing is agreed until everything is agreed, as they say, but the committee has pointed out that important discussions must take place on the transfer of those funding obligations and commitments.

I look forward to the committee’s final report as the bill progresses to the final amendment stage.