European Union (Withdrawal) Bill — House of Commons, 2018-01-16
Topic: International Affairs
Ian Murray (Labour, Centre-left): I am delighted to follow the hon. Members for Stirling (Stephen Kerr) and for Aberdeen South (Ross Thomson), who highlighted the problem that we have had with the Government. I think that there should be an act of good faith this evening: the Government should accept amendment 3, tabled by Opposition Front Benchers, and if they want to alter it in the other place, they will be able to do so One of the key problems—and the hon. Members for Stirling and for Aberdeen South failed to answer this question—is that their premise for amending the Bill now is that when the negotiations are concluded between the UK and Scottish Governments through the JMC, the UK Government will take the basis of the negotiated settlement to the other place, make the appropriate amendments to the Bill, and then bring it back here. If the negotiations fall apart—and I take them in good faith, but the Scottish and UK Governments do not have a particularly good track record of cordial discussions, and it might be in one of the political interests of a political party of any colour to bring those negotiations down—there will not, according to their argument, be an amendment in the other place, and the Bill will therefore be unamended In that event, there would be no mechanism for the hon. Members for Stirling and for Aberdeen South, or, indeed, the hon. Member for East Renfrewshire (Paul Masterton), who raised these issues, to correct what they claim is a deficient clause. The hon. Member for Stirling said that it was not fit for purpose, and the hon. Member for Aberdeen South said that he would like amendments to be tabled on Report. The hon. Member for East Renfrewshire had previously abstained on the amendments to clause 11 because Ministers had promised him that they would table amendments. When making that promise, they never said that those amendments were dependent on the conclusions of a negotiated settlement, and the Scottish Conservative Members did not say that in their remarks to the press at that time of an emergency meeting between the 12 of them—excluding the Secretary of State for Scotland—to discuss this very issue. This has been concocted to save them embarrassment, and I feel sorry for them on that basis. Now they are saying again, in the Chamber, that they will not vote for amendment 3 because they have been promised that there will be an amendment in the House of Lords If that does not happen, there will be no mechanism enabling the 13 Conservative Scottish Members who said that they would fight to amend this "deficient" clause to do so. The Bill will come back unamended, we will have no powers to change it, and a "deficient", "not fit for purpose" clause—their words, not mine—will end up on the statute book. That is not acceptable to this elected House I share those Members’ frustration that the unelected House will now be given the responsibility of changing the Bill, but let us look at the technicalities. The Government have no majority in the other place, so technically the other place may vote down any Government amendment. I admit that that is unlikely, but the promises that were given to the Back-Bench Scottish Conservative MPs were merely that. They have been let down already As my hon. Friend the Member for Darlington (Jenny Chapman) said, the best option would be to vote for amendment 3 this evening to establish the principle of amending clause 11, and if alterations are required in the other place following the conclusion of agreements—or, indeed, if the Government decide that they want to spend some time concluding the amendments—they can be made there and be brought back to this place, and we can then make those changes during the ping-pong I cannot understand why the Government have not brought forward the promised amendments on Report. We are always asked in this place to take the Government in good faith; they said those amendments would come forward, and on that basis in Committee I withdrew amendments, as did hon. Friends, and the Back-Bench Scottish Conservative MP the hon. Member for East Renfrewshire (Paul Masterton) withdrew his opposition and voted for the clause and the Bill. We did so on the basis of those promises, and they have not been delivered I have no faith in those promises from the Government. I have no faith that the Scottish Government and UK Government, given that they play off against each other politically all the time, will come to an agreement that can be changed in the other place, and therefore the best way to resolve the problem this evening would be for this House to come to a consensual agreement on amendment 3 in the name of my colleagues on the Opposition Front Bench, so we can then say that the principle of changing clause 11 is on the face of the Bill.