UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill: Stage 1

Part of the debate – in the Scottish Parliament at on 7 March 2018.

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Photo of Bruce Crawford Bruce Crawford Scottish National Party

The debate is an important occasion—perhaps more important than most. It is also somewhat unique, in that the vast majority of MSPs, if not all, strongly wish that it was not taking place. Certainly from a personal perspective, I am deeply dismayed that it has proved to be necessary for the Scottish Government to introduce this emergency bill.

However, I have reached a clear personal view that it is without doubt a necessity that the bill is before us for debate today. Quite simply, it is necessary for the Parliament to be in a position, if all else fails, to protect the powers that were invested in it following the successful devolution referendum of 1997 and the Scotland Act 1998. That act, which was cleverly constructed and delivered by Donald Dewar, enabled the creation of the first Scottish Parliament in more than 300 years.

The debate is therefore about more than just the potential impact of clause 11 of the European Union (Withdrawal) Bill or the continuity bill. I well recall the sheer joy of the opening day in July 1999 and the beginning of a new democracy in Scotland. Today’s debate, almost 19 years later, is about defending that very democracy, which so many people fought so long and hard to create. The debate is about protecting the precious democracy that Donald Dewar and many others allowed to flower in 1999.

Let us recall clearly that the only party that is represented at Holyrood that campaigned against the creation of this institution was the Tory party. Of course, there were notable exceptions—some Conservatives supported the Parliament—but the establishment of the Conservative Party was bitterly opposed to it. I am far from convinced that the tone and attitude of today’s UK Tory party to the Scottish Parliament are much changed from what they were in the past. I sincerely hope that I will be proved wrong in my scepticism, and that an agreement will be reached that will mean that the continuity bill will become an historical irrelevance.

I had certainly hoped previously that agreement would be arrived at and that the Secretary of State for Scotland would be able to deliver on his promise to sort clause 11—albeit that it would be much later than under the originally envisaged timescale. However, that hope has been all but dashed by the tone and attitude that have been adopted recently by the Minister for the Cabinet Office, David Lidington. We can only assume that he is closer to the leadership of the UK Tory Government than is the rather forlorn figure of the Secretary of State for Scotland, who has, it appears, promised more than he can deliver.

I have to say at this point that I disagree with Neil Findlay, who characterised the Tory Government’s position as being like a custard pie. On this occasion, it is much more like an Eton mess. I ascribe that line to Ash Denham, as not as many members laughed at it as I expected. [

Laughter

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In the near future, we will know whether agreement can be found. However, I, for one, am not prepared to take a chance on that. There are no guarantees, and I will take some convincing that any of the promises that have been made for the future are deliverable. That is why the backstop of the continuity bill is so important, and why I will vote for its general principles at decision time.

Today, the majority of Tories here at Holyrood are supporters of devolution. They clearly demonstrated that by supporting the Finance and Constitution Committee’s position in declaring clause 11 of the withdrawal bill to be incompatible with the devolution settlement. I ask those same Tories today, if they are not prepared to support the general principles of the bill at decision time, and if agreement cannot be reached, whether they will vote with those who would protect this Parliament and refuse consent to the withdrawal bill, because their decision day may be coming very soon.