I think the key word in that intervention is “agreements”. The Scottish Government, or within the European set-up the UK Government, would agree these frameworks with Europe. In this situation, the Scottish Government, and the Governments of Northern Ireland and Wales, have no say in what is imposed by this Westminster Government.
The truth is that there is nothing exceptional or even particularly noteworthy about a requirement for UK Ministers to seek such consent. It has been requested by the relevant Committees of the Scottish Parliament, confirmed by a vote of the Parliament as a whole, and raised multiple times in this place. It is not worth overriding the Sewel convention—something extremely serious which has happened on only four occasions, all of them directly related to major EU exit legislation. That makes one wonder if the Government are content to undermine the Sewel convention to the point at which it is no longer even a convention. Seeking consent would constitute little more than recognising devolved responsibilities and respecting the UK constitution, so the Government have some serious explaining to do to the Scottish Parliament if they go ahead with overriding Sewel yet again.
This farce has brought the Scottish Government to a point at which they simply could not recommend that the Scottish Parliament give the Bill its consent, and that should not be taken lightly. That said, I am heartened that we have a new clause before us—tabled by the hon. Member for Ceredigion, albeit not to be pressed to a Division—that could deal with the issue. It changes the consultation requirement to a consent requirement, and removes the procedure by which the Government could ignore devolved views and simply report to the House on why they did so. I sincerely hope that the Government will look at the new clause seriously. This is not political point-scoring; it is about protecting the constitution as it currently exists. That is evidenced by the fact that the Law Society of Scotland supports the argument that I am advancing today. The Government have assured us time and again that they have no intention of overriding devolution, so why not put it in writing instead of relying on a pinkie promise?
The Bill falls into a pattern of power grabs and disdain for consent, from Brexit to the United Kingdom Internal Market Act, and little wonder, because it comes from a Government led by a man who called devolution a disaster. This disdainful attitude to UK-Scottish relations damages the UK Government’s claims that they welcome early engagement on the Bill. It also severely undermines their commitments to recently agreed intergovernmental arrangements. I hope that the Minister will reflect seriously on the unnecessary damage that the Bill will do to devolution in its current form.