It is a pleasure to serve under your chairship, Ms McDonagh. I rise to speak in support of amendment 88 and amendments 27, 34 to 36 and 39, which are in my name and those of my hon. Friends.
I make no apologies for seeking throughout our proceedings to defend devolution and the principle that power devolved is power retained. This Bill represents the most substantial transfer of power from Holyrood to Westminster since the reconvening of Scotland’s Parliament in 1999, placing a straitjacket over Scotland’s desires to uphold high environmental standards and high food standards, as well as to protect our economy from being sold out by the Tories in a race to the bottom.
The Bill as currently drafted means overriding the devolution settlement in key areas such as food standards, environmental protection and building control. As a member of the all-party parliamentary fire safety and rescue group, I am particularly concerned by the warnings of Peter Drummond from the Royal Incorporation of Architects in Scotland, who said earlier this week that Scotland’s significantly higher building standards on cladding and fire prevention measures were threatened by the overarching desire of the Bill to achieve alignment on the basis of mutual recognition of standards.
Throughout this Bill, the principle of consent to legislate in areas normally devolved under the Sewel convention is notably absent. It is clear that throughout the passage of this Bill, the concerns of the devolved Governments, regardless of their political colours, have been totally ignored. Amendments 27, 34 to 36 and 39 should therefore present no problem for the UK Government if they want to continue to operate on the principle that they should seek a legislative consent motion for those aspects of the Bill that are devolved.
The power grab that the Bill creates on devolution will be cemented by virtue of the Bill’s inclusion within schedule 4 to the Scotland Act 1998, which means in practice that the Scottish Parliament’s ability to legislate in devolved areas will be constrained as a result of the passing of this Bill. Any legislation placed within that schedule to the 1998 Act is protected from modification by primary or secondary legislation, even if that legislation is within the Scottish Parliament’s existing devolved responsibilities. It should be noted that the same provision was used during the passage of the European Union (Withdrawal) Act 2018 to place constraints on the Scottish Parliament’s ability to directly legislate in devolved areas of retained EU law.
The UK Government’s sudden interest in the use of schedule 4 to the 1998 Act in the past two years reveals their ultimate intention to use Brexit to re-reserve powers that are currently within devolved competence.
Their power surge is proving true to its word—the Bill is fundamentally damaging everything that it comes into contact with.
In the drafting of part 2 and clauses 48 and 49, the UK Government’s inherent assumption is that any regulatory divergence would somehow undermine the functioning of cross-border trade and subsidies. There is no credible evidence to suggest that primary legislation is needed in those areas where there have historically been big differences between the legal framework and therefore the regulatory standards in Scotland and England.
Aileen McHarg, professor of public law and human rights at the University of Durham, hit the nail on the head when she highlighted:
“In all the fury re the UK Internal Market Bill’s impact on the NI Protocol, let’s not forget that it also radically recasts the devo settlements in a way that will, to a much greater extent than EU law, restrict the devolveds’ ability to effectively regulate their own territories”.
Amendment 88 would entirely remove the Bill’s status as a protected enactment under the Scotland Act 1998 when it reaches the statute book. That is a necessary step to stop the Westminster power grab and move the Bill back towards an approach based on agreed common frameworks for trade within the UK that also respects devolution and the desire of devolved Administrations to legislate in accordance with the wishes of their respective electorates.
A quote that is most often attributed to Donald Dewar is that devolution is
“a process, not an event”.
Any hon. Member who wants that process to continue in Scotland’s favour should oppose the sweeping and overreaching approach taken by this Bill, and that is what I intend to do today.