European Union (Approvals) Bill [Lords] — House of Commons, 2015-11-03
Topic: Civil Rights
Alexander Elliot Anderson Salmond (Scottish National Party, Centre-left): As somebody who has been in government, I have to say that views on such matters can undergo a transition. There was debate earlier about representation in the Council of Europe, on which I would think Members throughout the House would be wise to insist on greater control and discretion. I think the Government would benefit from that; they may not realise it initially, but I think they would. That might be a good illustration of what the hon. Gentleman says, and there are a number of mechanisms by which it could be done. Also, I do not think he should underrate party politics; most of us have been engaged in it at one time or another The second point I want to make concerns the explanatory notes that accompany the Bill. With regard to the European convention on human rights, it is stated: "Priti Patel has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the European Union (Approvals) Bill [HL] are compatible with the Convention rights." One reason why the Bill is relatively non-controversial is that we recognise and welcome the progress that Macedonia is making under the observation of the European Union Agency for Fundamental Rights, located in Vienna. In welcoming that development, it occurs to me that that is another illustration of how foolhardy it would be for the Government to proceed with their plans to withdraw from the European convention in some form or other. We would find ourselves in an invidious position not just when debating issues such as this but in making representations on a range of issues. As First Minister of Scotland I did not just have to sign certificates saying that legislation was in accordance with the European convention; every act of a Scottish Minister has to conform to the European convention on human rights. Of course there are occasions when that can be inconvenient or even frustrating, but, significantly, my experience has told me that that is actually a very good and useful check on the actions of Government Earlier today we witnessed a most astonishing display of arrogance from a Minister at the Dispatch Box. In Justice questions, a Minister was asked specifically about withdrawal from the European convention and waved the question aside on the basis that it is up to the House and the Government to decide whether or not to be in the convention, and for the devolved authorities to administer it once that decision is made. I think the Government will find that that sort of attitude comes back to apply some severe retribution to them. The Government might be noted for that sort of insouciance and arrogance, but it does them no credit or good whatever. The devolved authorities, not just in Scotland but in Northern Ireland and Wales, are not in accordance with the Government’s view on the European convention, and the idea of watering down our commitment to it in some form is going to be totally unacceptable to the devolved nations. I suggest to the Government that they should think again. My last point is that given the lack of interest and participation in this debate in the House, the very reasonable proposition put forward by my colleagues that the Scottish Parliament should be given more scrutiny power over European Council or European Parliament decisions is an excellent one. If people do not have the appetite to scrutinise those decisions in this Chamber, why not send the legislation to Parliaments and Assemblies where that appetite and desire exists?