Indeed that question has not been answered yet. The point of my speech this afternoon is to say that the effect of triggering article 50 is to trigger an inevitable process for leaving the EU, which means that the legislative competence of the Scottish Parliament will be affected—and that triggers the Sewel convention. My concern is that yesterday, when the Advocate General spoke on behalf of the British Government, he basically told the Supreme Court that the Sewel convention has no legal effect whatever—that it is a political convention that can be overridden at the whim of this Parliament.
The Supreme Court will determine the legality of the situation, but the politics of that statement is not what we were told by the Secretary of State for Scotland, and by others in the Conservative party, when the Scotland Bill was going through the House. As Lord Sumption, a Justice of the Supreme Court, asked the Advocate General yesterday afternoon, what was the point of putting the Sewel convention on a legal footing in statute if it has no legal force? The political consequence of the whole thrust of the arguments made on behalf of the UK Government in the Supreme Court is to show utter disrespect to the Sewel convention and utter disrespect to the wishes of voters in Scotland, and indeed in Northern Ireland.
That does not sit well with the respect agenda promised by the previous Prime Minister; with us in Scotland being told during the independence referendum that we were an equal partner in this Union; and with us also being told during that referendum campaign, by Ruth Davidson and others, that the only way to guarantee Scotland’s membership of the EU was to vote to remain part of the UK. Those promises were all made on behalf of the Conservative party. The Conservative party’s legal position in the Supreme Court is to kick sand in the eyes of voters in Scotland and to dishonour those promises. My point is that that has serious political consequences for this Union.
I know that the Secretary of State is a very reasonable man, and that he is conscious that not to give Scotland a role in this process, regardless of what the Supreme Court says, would be deeply damaging from a political and constitutional point of view. So my request to him this afternoon is this. Please, Secretary of State, persuade the Prime Minister and her Cabinet colleagues to involve the Scottish Government and the Scottish Parliament
formally in this process. Listen to what my colleagues in Edinburgh have to say, because they are the legitimate voice of the Scottish people—they won a third term recently. Involve us in the process. Honour the words of the Secretary of State for Scotland, treat the Sewel convention seriously, and regardless of what the Supreme Court says, from a political point of view seek our consent to this process.
5.40 pm