Category: Scotland

  • John Lamont – 2022 Speech on Scotland’s Future

    John Lamont – 2022 Speech on Scotland’s Future

    The speech made by John Lamont, the Parliamentary Under-Secretary of State for Scotland, in the House of Commons on 14 December 2022.

    I am grateful for the opportunity to speak in this debate and I thank the hon. Member for Edinburgh East (Tommy Sheppard) for his opening remarks.

    I take this opportunity to congratulate the hon. Member for Aberdeen South (Stephen Flynn) on his election as Scottish National party group leader—for an MP relatively new to Westminster, it has been quite a coup. Let me start on a point of consensus. We seem to have one thing in common: neither of us seems to be very close to Nicola Sturgeon and we both seem to want the First Minister to do things slightly differently. At that point, however, we start to disagree. While I want the First Minister to focus on the problems in Scotland’s NHS, the hon. Gentleman wants her to focus on the problems in her de facto referendum plan.

    I welcome one thing in particular about the hon. Gentleman’s election: the brand new approach that he promised when he was elected. We were promised a new tone, more vibrancy and a fresh way of doing things. Look how fantastically it has turned out already! Instead of pushing the usual SNP agenda of provoking grievance, picking fights with the UK Government and obsessing endlessly about another referendum, the new look SNP group are here today provoking grievance, picking fights with the UK Government and obsessing endlessly about another referendum. There is a new, younger front man, but it is the same old SNP pushing division and grievance at every turn.

    The SNP group is still focused only on division. It is obsessing over the constitution and distracted from the real priorities of the people across Scotland. The hon. Member for Aberdeen South and the SNP group could have chosen to debate Scotland’s NHS and its record waiting times or to speak about the £250 million ferries that still do not float—[Interruption.]

    Madam Deputy Speaker (Dame Rosie Winterton)

    Order. The hon. Member for Edinburgh East (Tommy Sheppard) was listened to respectfully and in relative silence. I hope that the same courtesy will be extended to the Minister, rather than there being a constant barracking, which is not a good look.

    John Lamont

    Thank you very much, Madam Deputy Speaker. This provoked a reaction, so I will repeat it: the SNP group could have chosen to speak today about the £250 million ferries that still do not float or about the lack of support from Nicola Sturgeon for Scotland’s oil and gas industry—an issue that really matters to the constituents of Aberdeen South. But no: it is the same old SNP with the same tired message that Scotland has heard every year since 2014. We could have been talking about how to improve schools, hospitals and our economy.

    Tommy Sheppard rose—

    John Lamont

    I happily give way.

    Tommy Sheppard

    I wonder whether the hon. Gentleman heard the points I made about the health service, energy and migration, and whether he has any reflections about them.

    John Lamont

    I encourage the hon. Gentleman to exercise some patience. His debate today is about Scotland’s future. Those of us who represent Scottish constituents are concerned about schools, the NHS and the economy when it comes to Scotland’s future—not about the debate today, which is about further division in Scotland.

    We debated the SNP’s plan, such as it is, to separate from the UK, just six weeks ago. We debated the Supreme Court’s confirmation that the constitution is a reserved matter, just three weeks ago. Yet here we are again, and this time the SNP are going round in the same circles in the hope that they can do it all again next month, in the early part of 2023—that is if they do not somehow manage to fit in another debate some time before Christmas about leaving the United Kingdom. No wonder they thought that a generation was just a couple of years: the weeks must fly by when you say the same thing over and over again.

    John Redwood

    The SNP was very critical of the electricity and energy regulation in the UK, and said that it wanted change in it. It did not seem to realise that all our current regulations are those of the European single electricity market, and that it is only because of Brexit that this Government are now consulting on changing those unsatisfactory regulations.

    John Lamont

    That is a useful reminder that, while the SNP advocate breaking away from the rest of the UK and breaking away from Westminster and London, it wants even closer ties with Brussels and all the challenges and bureaucracy around that. I always welcome the opportunity that the SNP gives us to talk about the benefits that we all get from being part of the United Kingdom, and all the positives and strengths that come from working together across the whole country. The United Kingdom is the most successful political and economic union that the world has ever seen. In challenging times, we are stronger together. We are better prepared to deal with any crisis, particularly an issue on the scale of the energy crisis, or of the very thing that created the energy crisis—Vladimir Putin’s awful war in Ukraine.

    In these volatile times, I continue to believe that the last thing people need is greater uncertainty. This is a time for unity behind a common purpose, not division that would split us apart. The challenges facing all of us across Scotland and the whole of the United Kingdom demand all of our attention.

    On the substance of the motion, as the hon. Member for Edinburgh East well knows, the Scottish people do not see another referendum as a priority. There is no consensus across Scotland on another referendum and all the division and distraction that that would bring. We already know the process by which a constitutional question can be asked, because it happened back in 2014. We had a referendum and the people of Scotland decided our future by an overwhelming majority. That happened after there was consensus across political parties in the Scottish Parliament, in civic society and among people across Scotland. That is not where we are today.

    If SNP Members want to focus their arguments solely on opinion polls, then what do they have to say about the polls, including recent ones, that show that people do not want another referendum on Nicola Sturgeon’s timetable? No matter how many polls there are that show a majority of Scots against another referendum, the SNP still wants us to go through the distraction of an all-consuming constitutional debate. It is all it cares about—another referendum at all costs.

    Dr Evans

    Does the Minister have any thoughts on this: if the result had been different in 2014, would we be going round this debate again, several years on, to bring us back, if that is what Scotland wanted?

    John Lamont

    The SNP is simply not very good at respecting referendum results—whether it is the 2014 independence referendum result or the 2016 Brexit vote. The SNP seems to like election results only if they suit its own narrative.

    People in Scotland are fed up with these diversions away from the issues that matter to them. People in Scotland want to hear what their Government are doing to improve education and health. People in Scotland and across the UK want both Governments to be fully focused on issues such as the cost of living, working together to reduce NHS waiting times, and the challenges posed by Putin’s aggression in Ukraine. That is why we continue to work constructively with the Scottish Government in tackling all the shared challenges that we face. This Government’s relentless focus will remain on the issues that matter most to people across this country.

    Alun Cairns (Vale of Glamorgan) (Con)

    Does my hon. Friend share my concern that the constant constitutional debate that is taking place in Scotland undermines the prospect of attracting investment not only from the UK, which wants certainty, but from foreign direct investors, who want stability in where they place their money?

    John Lamont

    My hon. Friend is right. When we speak to employers, businesses and investors, they tell us that the last thing they want is further constitutional upheaval, which is exactly what the SNP is focused on.

    The Scottish Budget, which will be announced tomorrow at Holyrood, gives the SNP a chance to show what it will focus on.

    Alan Brown (Kilmarnock and Loudoun) (SNP)

    Will the Minister give way?

    John Lamont

    The hon. Member for Edinburgh East spoke for approximately 30 minutes, and a number of SNP Back Benchers are scheduled to speak, so I will make a little progress. I will take further interventions later.

    The Scottish Budget, which will be announced at Holyrood tomorrow, gives the SNP a chance to show Nicola Sturgeon’s real focus and priority: another referendum above all else. So far, the SNP Scottish Government have budgeted £20 million for another divisive referendum next year. Even after the Supreme Court ruling, they have refused to put that money where it belongs by supporting Scotland’s frontline services. They have refused to halt planning for another referendum, and they believe civil servants should keep spending their time on the flawed case for independence. I know that many Scots will view this as a glaring waste of taxpayers’ money. Scotland’s public services need every penny of funding to be directed towards the frontline, not towards the SNP’s front-of-centre obsession.

    Alan Brown

    That £20 million for a referendum is £9 million less than the profits Michelle Mone took for not supplying personal protective equipment. Energy, pensions, the civil service and even the Union are devolved to the Northern Ireland Assembly. As a Minister for Scotland, why does he think it is good enough for the Northern Ireland Assembly to have these powers but not good enough for Scotland?

    John Lamont

    The SNP Scottish Government are continually demanding more powers, yet they do not use the powers already available to the Scottish Parliament, which is one of the most powerful devolved Parliaments in the world. Rather than using the powers effectively for the betterment of our constituents and for the betterment of Scots, you continually beg for more powers even though you do not use the powers available to you.

    Madam Deputy Speaker (Dame Rosie Winterton)

    Order. Just a little reminder: I am not using any powers, apart from the powers I have as Chair. The Minister should direct his speech through the Chair, rather than referring to the SNP using “your powers.”

    John Lamont

    I apologise, Madam Deputy Speaker, although I think you would use the powers much more effectively than some SNP colleagues.

    I challenge the whole SNP group, especially its new leader, the hon. Member for Aberdeen South, to stand up to Nicola Sturgeon by telling her that Scotland’s NHS needs that extra £20 million, that Scotland’s schools need that extra £20 million and that struggling Scottish families need that extra £20 million. [Interruption.] I see SNP Members shaking their heads because they do not agree with more money going to the NHS, schools and hard-pressed families. If they do not stand up to the First Minister, their words about working to improve Scotland are empty and meaningless. Their flawed priorities are clear for the people of Scotland to see.

    Let me turn to the positive case for Scotland’s remaining part of the United Kingdom. The SNP’s argument for another referendum has become incredibly negative and divisive, and its language is increasingly irresponsible. SNP Members are grandstanding about democracy, just eight years after one of the biggest turnouts at a free and fair democratic vote anywhere in the world. They complain that we do not vote enough, yet this country has had at least 10 major votes in the last decade—from two referendums to general elections, Scottish Parliament elections and local elections—but facts do not matter to the SNP, because all it does now is ramp up its bitter, negative rhetoric to try to divide people further.

    Instead of focusing on the SNP’s negative message, let us consider the positive case for our United Kingdom: our response to the covid pandemic; our Union dividend paying more than £2,000 a year to every man, woman and child in Scotland; our energy price guarantee saving the typical household more than £900 on its heating bill this winter; and our winter fuel payment providing pensioners with an extra £300. I could go on, as there is a positive case for our United Kingdom, as seen in our record of investing in Scotland’s future, delivering support for Scotland’s economy and helping Scottish people through whatever challenges we face together.

    People in Scotland want their Governments to be focused on the issues that matter to them. People in Scotland want to talk about Scotland’s future, but they want that debate to be about the future of our schools, our hospitals and our economy. Instead, today, the SNP’s debate is about the one issue that SNP Members truly care about: breaking up the United Kingdom. Tomorrow is the Scottish Budget in Holyrood, and the SNP will once again show that it is focused on dividing people with another referendum that the people of Scotland just do not want.

    I hope that SNP Members will reflect that our time here in this Parliament could be spent debating any number of issues that are vital to people across Scotland. If only they would set aside their obsession, we could focus solely on working together to improve the lives of our constituents. I urge the House today to reject the SNP’s motion.

  • Tommy Sheppard – 2022 Speech on Scotland’s Future

    Tommy Sheppard – 2022 Speech on Scotland’s Future

    The speech made by Tommy Sheppard, the SNP MP for Edinburgh East, in the House of Commons on 14 December 2022.

    I beg to move,

    That this House believes it should be for the Scottish people to determine the future constitutional status of Scotland.

    I start by referring to the Labour party report—it is a shame there are not more Labour Members here—published nine days ago on reforming the constitution. It is a document more remarkable in what it does not say than in what it does say, but it does do us one great service: it makes a compelling argument that constitutional matters should not be debated in the abstract and that there is a great connection between how we are governed and what happens as a result of that governance and the public policy that ensues. I am grateful to Labour for that, because I hope it means we can avoid jibes along the lines of, “Why is this the SNP’s priority, rather than talking about the cost of living crisis?”

    This debate and this motion are absolutely about the real issues that face families in this country right here, right now. Tomorrow, throughout England and Wales, the nurses who saw us through the pandemic will be on strike for a living wage. But not in Scotland. Scottish Ministers have negotiated a settlement with the trade unions that allows the wages of those on the lowest pay to rise by 11%. There will be no strikes by nurses in Scotland tomorrow, and I am pleased about that. But let me be clear: we are not satisfied with the situation for our nurses and our health service. We want to do more. We want to do better by our nurses. We want more of them and we want more investment in our health service. We want to build a 21st-century health service based on the wellbeing of our people, rather than on fixing ill health. We want to have the choice over whether to raise revenue and borrow money to make that happen. To do that, we require the powers of a normal independent country.

    Or take the absurd situation with energy supply in our country. We have people looking through the windows of homes they cannot afford to heat at wind turbines on the horizon providing abundant, cheap renewable energy that they cannot afford to buy because of the ridiculous system of energy ownership and regulation in this country. We want the power to turn that system upside down and change it forever. But to do that, we need the powers of a normal independent country.

    Thirdly, take the debate we had yesterday in this Chamber about migration. We had, to my mind, the sordid and unsettling spectacle of the Conservative Benches rammed to the gunwales, as Members brayed and cheered on their leader’s anti-migrant rhetoric. They make the case that migrants are not welcome in this country. Well, not in my name and not in my country. Migrants are welcome in Scotland, because we need people to come and live in our country. We say that not just because we wish to discharge our international responsibility to provide security for those who flee persecution, but because we know that, if those people come to our country, they will invest in our economy and pay their taxes to sustain our public services. Every study that has ever been done shows that the net effect of migration is positive, and that is why we require the powers of a normal independent country.

    Dr Luke Evans (Bosworth) (Con)

    The hon. Gentleman is making an important point about immigration as a whole, but yesterday the Prime Minister was speaking specifically about illegal immigration. There is a massive difference between the two. We do need the doctors and the dentists of tomorrow, and there are pathways for people to come and bring those skills into the country The key point yesterday was the illegal aspect of immigration, and we on this side of the House do not want to see illegal immigration.

    Tommy Sheppard

    I know that that is the fig leaf that Conservative Members apply to the argument, but it would have more logic and rationale were it not for the fact that this Government have closed down every legal means of coming to the country. It is the Government who are creating illegal immigration to these shores. But that is something of a digression from the topic that I wish to talk about.

    The point I am trying to make—I know the Labour party agrees with it, and I think that, in their hearts, so does nearly everyone else—is that the way we are governed and what we do with that government are two sides of the same coin. This debate about how Scotland is governed is critical to what Scotland’s future is. We desire self-government because it would improve our country and allow it to play a much bigger and more positive role in the world.

    It is worth recapping how we reached this point. I know there are people who think, or who believe and assert—we may hear this during the debate—that the SNP never accepted the result of the 2014 referendum and that, from the hour when the vote was announced, we began campaigning for a second independence referendum. I see the nodding heads. It is a popular myth, but it is a lie. Members may want to look at what my colleagues and I said at the time of the 2015 general election, when we were first returned to this Chamber following a landslide victory in Scotland. It is clear from the content of our leaflets, and indeed from the content of our maiden speeches, that we did not come here to press the case for another referendum. We came here accepting a result that bitterly disappointed us, determined to try to protect those who had voted for us as best we could within the constraints that we were given. That was the mission we gave ourselves.

    David Duguid (Banff and Buchan) (Con) rose—

    Tommy Sheppard

    I will take an intervention on that point.

    David Duguid

    On that point, I—uncharacteristically—completely agree with nearly everything the hon. Gentleman has just said. Those election leaflets in 2015 did indeed say, “This is not about independence; we are not going to fight for independence; we accept the result.” However, in that election, the SNP won 56 out of 59 seats in Scotland. What happened after that? Did the party continue its non-calls for independence, or did things change straightaway?

    Tommy Sheppard

    If the hon. Gentleman will bear with me, I am about to come to my next point. I have a number of things to say; it might be better for him to listen to them and then reflect on the totality.

    When we came here in 2015, it was not in our minds to campaign for a second independence referendum, but something changed. What changed? What changed was not that the people who had lost a referendum cried foul and did not accept the result. The people who won the referendum broke the promises that they had made to win it, and the biggest promise of all that they broke was in relation to Brexit. When this Conservative Government took the United Kingdom out of the European Union, dragging Scotland along with it despite a popular vote to maintain our European citizenship, that began to turbocharge the arguments for having a re-look at the vote that was taken in 2014.

    Madam Deputy Speaker (Dame Rosie Winterton)

    Order. I am sorry, but the hon. Gentleman keeps turning his back to the Chair. He should face in this direction.

    Tommy Sheppard

    I am sorry, Madam Deputy Speaker. In simple terms, the options that were presented in that 2014 referendum no longer existed. They had changed, and it was felt to be legitimate that we should have another look at Scotland’s future.

    Now, I know opinion has been divided on this question ever since and there is a raging debate about whether it is legitimate to have a second referendum—I am surprised I have not already had a once-in-a-generation intervention, to be honest—but the truth is that there is only one group of people who can decide whether there should be a second independence referendum and that is the people who live in Scotland. It is not down to Nicola Sturgeon, the Prime Minister, me or anyone else—it is a matter for the people. If the people had given up on the idea, we would not even be having this discussion. But they have not. A majority of people want to look at this question again. You might say, “How can you be sure that that is their opinion? Is this an opinion poll, or what?” No, we had an election in May 2021.

    You may remember, Madam Deputy Speaker, that six weeks before that election we had another SNP Opposition day debate speculating on what this Chamber’s response might be to the results of that election. That was a hypothetical discussion because the election had just started. This is our first chance to consider properly in this Chamber the results of that election just 18 months ago. Remember that, while it was taking place in the throes of covid and the pandemic, the central political question at that election was whether there should be a further referendum on Scotland becoming an independent country. I know that that is the case.

    Douglas Ross (Moray) (Con)

    Will the hon. Gentleman give way?

    Tommy Sheppard

    I will give way in a second and the hon. Gentleman can correct me if I am wrong. I know that that is the case because not only was it front and centre of my manifesto and my leaflets, but the hon. Gentleman’s party put it front and centre on its leaflets. Conservative party leaflets, every single one of them, said, “If you vote SNP, you will get a second referendum.” Is that true?

    Douglas Ross

    Nicola Sturgeon said in that election that a vote for her and the SNP was not a vote for another independence referendum. Was she telling the truth, or was she lying to the people of Scotland?

    Tommy Sheppard

    It is quite clear that the First Minister and all of us gave a commitment during that campaign, and indeed after it, that the priority of that election would be dealing with the pandemic. But it was also absolutely the case that we said that, once that was dealt with and circumstances allowed, we would advance the case for a second referendum. That was clear. We can go back and look at exactly what was said, but I am very confident in what I say.

    Dr Luke Evans

    Will the hon. Gentleman give way?

    Tommy Sheppard

    No, I will not give way. I have already given way once. Let me try to make the point.

    Let us consider, because we have not done so yet, the results of the 2021 general election in Scotland, where this was a central campaign point. I am sorry for those who perhaps have not been following it, but we won. Not only did my party win the election, but it won it with more votes than it has ever received in a Holyrood election.

    Dr Luke Evans

    The hon. Gentleman rightly points out that Scotland may well have managed the covid pandemic and used that as a No. 1 priority. A voter in Scotland could have quite happily voted for the SNP knowing full well there was no way of having a referendum because there was no mechanism to be able to do so. So they could support the SNP wholeheartedly, knowing full well that it was about your positive record on covid, the NHS or education, for example, with independence falling down that list. Is that not the case?

    Tommy Sheppard

    I appreciate the political skill of improvisation, but sometimes it is just not enough to make it up as you go along. What has just been said is completely at variance with what your party said during the election—

    Madam Deputy Speaker (Dame Rosie Winterton)

    Order. I am very keen that we do not get into a conversation down that end of the Chamber with everybody calling each other “you”. It has happened a few times, but I am now going to put my foot down and say it is important to speak through the Chair, as the hon. Gentleman knows very well because he is very experienced.

    Tommy Sheppard

    As I almost always do, Madam Deputy Speaker.

    Let us move on. The results were quite clear: the SNP won that election in any normal terms. In fact, it was the best election result we have had in terms of the number of votes we received, and our colleagues in the Scottish Green party, who stood on an almost identical platform in terms of the referendum, did exceedingly well too. Together, the Scottish Green party and the SNP had 72 seats out of 129 in that legislature, and they have formed a governing coalition in order to discharge their mandate.

    That is a bigger pro-independence majority than we had in 2011, when Alex Salmond had the first independence referendum. So the question arises, why was a response to that result from David Cameron that was good enough in 2011 not replicated in 2021 by the then Tory Prime Minister? I wonder why that could be. Could it be because back in 2011, they thought there was not a snowball’s chance in hell of us ever winning a referendum and that having one would be a good opportunity to humiliate the SNP and those who supported independence, whereas 10 years later, they fear that if there was another referendum, they would most certainly lose it? That is undoubtedly the case.

    In any normal circumstances—in any normal democracy—that would have been the end of it. A party would have got elected, it would have formed a secure majority in the Parliament and it would have been allowed to discharge and implement its manifesto. That is how these things normally work, but not so in Scotland. In Scotland, the UK Government went out of their way to try to prevent the implementation of the desire to have a second referendum—so much so that, apart from not even granting the section 30 order that is required under the Scotland Act 1998, they also made it clear that, should the Scottish Parliament pass a Bill in order to have a referendum, the UK Government would take the Scottish Government to the Supreme Court, and we would be caught up in legal wrangles for a very long time. Rather than waste the time and money and then have to have the case examined in the Supreme Court, the Scottish Government rightly took the decision to refer the matter to the Supreme Court and have it adjudicated on first, before tabling the Bill.

    I should say, in case there are people who have not been engaged in the debate, that it is not clearcut what the outcome of that judgment would have been. Opinion was divided on whether the Scottish Parliament had the competence not to legislate on matters to do with the Union but to consult people on what they thought the future government of the country should be. That did not always cut across party boundaries; it was not the case that everybody on this side of the debate was confident that they had the powers, and everybody on the other side was confident that they did not. In fact, one of the people who made a very eloquent case that the Scottish Government did have the power to organise a non-binding consultative referendum was no less than Adam Tomkins, a professor of law who until relatively recently was a Conservative Member of the Scottish Parliament. He judged that it would be within competence.

    But we know what happened. The Supreme Court, in the end, decided that the Scottish Bill as written was not within the competence of the 1998 Act and it related to a matter that was excluded and reserved as defined in schedule 5 to that Act. I disagree. I would have come to a different outcome and a different judgment, but then I am not a High Court judge. I am disappointed by and do not like the judgment, but I accept it, and I accept that it is the Supreme Court’s role to make that adjudication.

    It seems to me that the problem is not the judges but the law that they were considering. I say this in all candour to colleagues on the other side of the argument: the Supreme Court judgment presents a problem not just for those who advocate the cause of Scottish independence; it also presents a problem for those who believe in the integrity of a voluntary Union of nations within the United Kingdom.

    I know that there are plenty on the Back Benches of both the big parties who know little and perhaps care even less about the historical nature of the constitution of this country we live in, but it is worth recapping that this is not a single central state. The polity that we live in of the United Kingdom is a multinational state based upon serial Acts of Union that have given it quite a unique character. It is something that, until very recently, we had assumed required the consent of the people in the component nations of the United Kingdom to be part of. It seems that following the Supreme Court judgment, we now have a situation where that is not the case—that it is not possible for one group of people in one nation of the United Kingdom to consider reviewing the relationship with the others without their consent. That means that the idea of it being a voluntary Union of nations is dead in the water, until such time as the law is clarified or fixed. It is in an attempt to clarify and fix the British constitution that we present this Bill to the House today, because if we pass this motion, it will then allow for the leader of my party to do what the leader of the Government ought to have done: bring forward amendments to the 1998 Act to allow the Scottish Parliament the power and competence to do the things that the Supreme Court ruled it could not do, which everyone previously thought it was able to do.

    I know that there are people—perhaps in the Conservative party, perhaps in the Labour party—who pretty much regard Scotland as just another British county, much the same as Essex, Cornwall or wherever, and probably quite quaint. Those people do not have any understanding of the fact that Scotland is historically a distinct country—a distinct nation with its own history, tradition, culture, character and aspirations. That is not really part of their mindset, and I suppose that if I was not living there and did not grow up there, I might think the same way. But what those people need to understand is that this notion of Scotland being a partner nation within the United Kingdom is what most of the Unionists in Scotland believe. That is what they think they are part of; that is why they voted no in 2014. If that is removed, and we are now told that Scots live in a political system that they cannot change and cannot leave, we will very shortly see many people saying, “In that case, I do want to consider the prospects of Scottish independence, because this is not the partnership we were promised in 2014 and it is not what I voted for in 2014.”

    Much of this is bound up with the notion of the claim of right for Scotland. As colleagues may remember, we had a big debate in 2018—again, on an Opposition day motion put forward by my party—where there was a surprising degree of support from all sides of the House for the claim of right for Scotland. The claim of right, by the way, simply asserts the right of the Scottish people to determine the form of government best suited to their needs. That declaration was formulated in its current form in 1989, and has been referred to ever since. The last time around, the then Secretary of State for Scotland, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), and the current leader of the Scottish Tories, the hon. Member for Moray (Douglas Ross)—I am glad to see that one of them is present—stood up in that debate and said that they endorsed and supported the claim of right for Scotland. Well, we cannot have the claim of right for Scotland and a situation in which we do not live in a voluntary Union and that claim of right can never be exercised.

    Aaron Bell (Newcastle-under-Lyme) (Con)

    I am listening carefully to what the hon. Gentleman is saying. Obviously, a sizeable minority of the people of Scotland wanted to be independent. That number may or may not have increased—opinion polls go up and down, as we on this side of the House know very well—but in light of what the SNP is proposing through the modification of schedule 5, does the hon. Gentleman think that there should be a limit to the number of times that we can have such referendums? I am not trying to make the “once in a generation” point; I am trying to make the point that it is reasonable for the people of any country to have a period away from constitutional matters, focusing on the things that really matter to people—their lives, their education, and their health system.

    Tommy Sheppard

    That is a good point, and I will address it in just a moment.

    On the claim of right, it is remarkable how uncontroversial its assertion has been over the years, from 1989 onwards. It underpinned the 1997 legislation that led to the referendum on devolution; it was asserted by the Calman commission that followed that; obviously, it underpinned the 2014 referendum; and it was asserted by the Smith commission that came about as a consequence of that referendum. We have never had it seriously challenged. In fact, I added it up the other day, and I have been debating these matters about the government of Scotland for 45 years since I was a student at Aberdeen University, campaigning in the first devolution referendum in 1979. In all that time up until now, it has been understood that the claim of right exists, so it is important that we reassert it.

    Hannah Bardell (Livingston) (SNP)

    Perhaps I can help the hon. Member for Newcastle-under-Lyme (Aaron Bell). Does my hon. Friend agree that democracy is not a one-time event? We cannot put limits on what happens in politics and in democracy. If the Conservatives or the Labour party decided that the mood in the UK was such that they wanted to have another referendum on, say, our EU membership, and they put that in their manifesto and won an election, they would be entitled to do that.

    Tommy Sheppard

    Indeed so. It has been said that during those 15 hours between 7 am and 10 pm on 18 September 2014, the claim of right was being exercised, because the sovereignty of the people of Scotland was in their hands as they went to the ballot box. The difference between us and our opponents is that we believe that that claim exists in perpetuity and should be exercised any time people want to exercise it, rather than existing for only one day.

    John Redwood (Wokingham) (Con)

    As I understand it, the hon. Gentleman wants Scotland to pull out of the UK but join the European Union. How easy does he think that would be, given the EU’s stubborn attitude towards the Catalan claims and its support of Spain resisting even a referendum?

    Tommy Sheppard

    The difference, of course, between the EU and the United Kingdom is that Scotland can leave one but not the other. I can imagine how the right hon. Gentleman might have felt if he and his Brexit colleagues, who wished for Britain to leave the EU, had been told, “Well, you simply can’t do that. You have no right to do that,” because that is the situation that is being presented to Scotland with regard to the UK.

    In my view, which I think is accepted, Scottish independence requires two things. First, it requires the majority consent of the people who live in Scotland, and they need to express a wish for that to happen. Secondly, it concerns a negotiated settlement with this place and it will eventually require an Act of this Parliament. Those two things were fused together in the 2012 Edinburgh agreement, but because of the UK Government’s reticence, we will have to decouple them and take them separately.

    Our ambition now is to find some means to allow people in Scotland to express their view. It does not sit well for the UK Government to take a stance of actively trying to frustrate and deny that happening. This motion, if they were to vote for it today, fixes the problem, because it gives the Scottish Parliament the power to organise the first of those things—to determine the view of the people. We are asking for the Scottish Parliament to have the power not to legislate on the Union or on becoming an independent country, but merely to consult the people and to articulate on behalf of those who elected the Holyrood chamber. That is the opportunity that is offered by the motion’s proposed Bill, and I hope that hon. Members will take it.

    The more that we tell people that they cannot have something, the more they want it. We have seen that in recent opinion polls with the surge in support for independence. Most significantly, in last week’s opinion poll, we saw a clear majority of people saying that there should be another referendum on this question before the end of the Scottish Parliament’s term in 2026—that is the first time that there has been a clear majority on the timing of the referendum.

    All that is happening as a result of the UK’s obstinance, insistence and denial of the democratic mandate in Scotland is that the case for independence is being fuelled. If it comes to a situation where there is a conflict between the British constitution and the claim of right of the Scottish people, it is our responsibility, which we will not shirk, to make sure that the latter triumphs over the former.

  • Alan Brown – 2022 Parliamentary Question on the Supreme Court Decision on the Scottish Independence Referendum

    Alan Brown – 2022 Parliamentary Question on the Supreme Court Decision on the Scottish Independence Referendum

    The parliamentary question asked by Alan Brown, the SNP MP for Kilmarnock and Loudoun, in the House of Commons on 7 December 2022.

    Alan Brown (Kilmarnock and Loudoun) (SNP)

    Whether she has made an assessment of the implications for her policies of the findings of the Supreme Court on the reference by the Lord Advocate of devolution issues under paragraph 34 of schedule 6 to the Scotland Act 1998.

    Allan Dorans (Ayr, Carrick and Cumnock) (SNP)

    Whether she has made an assessment of the implications for her policies of the findings of the Supreme Court on the reference by the Lord Advocate of devolution issues under paragraph 34 of schedule 6 to the Scotland Act 1998.

    The Attorney General (Victoria Prentis)

    I would like to take this opportunity to thank the Opposition Front Bench and the Chairman of the Justice Committee for their extremely kind comments. I welcome the ruling of the Supreme Court. The Court was very clear—it was a unanimous decision—that a Bill legislating for a referendum on Scottish independence is not within the legislative competence of the Scottish Parliament.

    Alan Brown

    That might be the case in the Supreme Court, but if we look back, we see that John Major said of Scotland that

    “no nation could be held irrevocably in a Union against its will”,

    so will the Attorney General confirm that Scotland is in a voluntary Union, and if so, what is the legal mechanism to affirm that or, more importantly, the legal means by which Scotland can voluntarily leave the Union?

    The Attorney General

    The UK Supreme Court was very clear that an independence referendum was related to reserved matters, and the Government welcome the Court’s confirmation of this point. What the people of Scotland want is to see the Government working with them to solve the issues that matter to them.

    Allan Dorans

    Following the recent Supreme Court judgment, the Prime Minister and the Secretary of State for Scotland have been asked on numerous occasions what is the democratic route available to Scotland to leave the Union. Neither has been able to provide an answer. If the people of England wanted to leave this alleged voluntary Union of equals, what democratic process would be available to them?

    The Attorney General

    I believe that I have answered this question already, and I have heard the Prime Minister answer it several times in the course of Prime Minister’s questions. The Supreme Court rejected the Lord Advocate’s submission that an advisory referendum would have only an indirect and consequential effect on the reserved matter. This matter is reserved.

    Michael Fabricant (Lichfield) (Con)

    Does my right hon. Friend agree that the Supreme Court’s judgment will also have an unexpected side effect in that it will force the Scottish Government to concentrate on domestic policy for once?

    The Attorney General

    I agree that the people of Scotland want us to work together to fix the challenges we face collectively. Now is the time to make sure we work together, and that is what this Government will do.

  • Ian Blackford – 2022 Comments on Stephen Flynn Becoming SNP Leader at Westminster

    Ian Blackford – 2022 Comments on Stephen Flynn Becoming SNP Leader at Westminster

    The comments made by Ian Blackford, the outgoing SNP Leader at Westminster, on Twitter on 6 December 2022.

    Congratulations to Stephen Flynn on being elected the SNP Westminster leader. I look forward to supporting Stephen as he takes on the responsibility of taking the group forward as we work to deliver independence.

  • Stephen Flynn – 2022 Comments on Becoming SNP Leader at Westminster

    Stephen Flynn – 2022 Comments on Becoming SNP Leader at Westminster

    The comments made by Stephen Flynn, the SNP MP for Aberdeen South, on Twitter on 6 December 2022.

    A massive thank you to everyone for their kind messages, to Ian [Blackford] and Kirsten [Oswald] for the example they have set and also to Alison and Stuart – two of the most talented and compassionate people I’ve the good fortune to know.

    Now, time to deliver ???????!

  • Nicola Sturgeon – 2022 Comments on Stephen Flynn Becoming SNP’s Leader at Westminster

    Nicola Sturgeon – 2022 Comments on Stephen Flynn Becoming SNP’s Leader at Westminster

    The comments made by Nicola Sturgeon, the Scottish First Minister and Leader of the SNP, on 6 December 2022.

    Congratulations to new SNP Westminster leader Stephen Flynn and deputy leader Mhairi Black – a truly formidable team. Looking forward to working with them both.

  • Gavin Newlands – 2022 Speech on Rail Cancellations

    Gavin Newlands – 2022 Speech on Rail Cancellations

    The speech made Gavin Newlands, the SNP spokesperson on rail, in the House of Commons on 1 December 2022.

    Over the past two days, TransPennine Express has managed to run a total of 42% of its timetabled cross-border services from Glasgow Central. That is from a timetable that was already slashed, as TPE struggled to provide even a basic service to passengers. Add to that the Avanti shambles and cross-border services are a disaster. It simply is not good enough, and there are real implications for the cross-border economy.

    Two separate industrial disputes involving ScotRail and the Scottish Government have been resolved this year, in contrast to the ongoing disputes across talks that have dragged on for months and are only now involving Government Ministers. The RMT’s general secretary Mick Lynch said yesterday:

    “In Scotland and Wales, RMT has settled similar disputes with the support of the governments there but where companies are controlled by the DfT, time is running out.”

    Previous Ministers have stood at the Dispatch Box and told us that disputes were for the talks and Network Rail to resolve, but clearly that stance is no longer fit for purpose. This Government are letting down Scotland and the north of England, and it is now well past time for rail to be fully devolved to Scotland. Will this welcome new and shiny team at the DFT meet me to discuss how we advance that?

    Huw Merriman

    This shiny rail Minister will always happily meet the hon. Member. I have always enjoyed working closely with him in our previous roles, so I am happy to discuss matters with him. He talks about the ministerial approach, and I think it should be put on the record. Yesterday, the Secretary of State for Transport travelled up to the north to meet the northern mayors to discuss these issues. We want to work collaboratively with all those who can influence change. The Secretary of State’s trip yesterday demonstrates that we do not just talk about it—we actually want to deliver on it, as well. Both the Secretary of State and I have talked of the need to reach some form of agreement. We have not used the language that might have been expected or heard in the past. We want to work closely. We have both met Mick Lynch and his counter at the Transport Salaried Staffs Association. I am due to meet again with Mick Lynch, the trade unions, the train operators and Network Rail, so that will be the employers and the trade unions, with a Minister in the room, not to negotiate, but to try to facilitate some form of end and to allow this change to come through. I will happily meet the hon. Gentleman and all across the piece so that we can make a difference and get this settled.

  • John Lamont – 2022 Speech on an Independence Referendum for Scotland

    John Lamont – 2022 Speech on an Independence Referendum for Scotland

    The speech made by John Lamont, the Parliamentary Under-Secretary of State for Scotland, in Westminster Hall, the House of Commons on 30 November 2022.

    It is a privilege to respond to this debate with you in the Chair, Mr Bone. I congratulate the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) on securing this debate. I am pleased to respond to my first Westminster Hall debate as a Scotland Office Minister. The hon. Gentleman chose to focus the debate on the issue of an independence referendum. I cannot help but feel that this valuable debating time could have been better focused on matters of immediate importance to his constituents, mine in the Scottish Borders, and the constituents of other Members across Scotland and the rest of the United Kingdom.

    Neale Hanvey

    Will the Minister give way?

    John Lamont

    I shall make some progress, if I may. The hon. Member had quite some time to make his points, and I want the opportunity to—

    Neale Hanvey

    On a point of order, Mr Bone. It is a shame that the Minister did not allow me to intervene. However, he makes assertions that are simply not possible. He is asking me in some way to manage the Scottish Government, or indeed to divorce myself from the reality experienced by my constituents, who voted for me to secure Scotland’s independence.

    Mr Peter Bone (in the Chair)

    I thank the hon. Gentleman for that point of order. It was clearly not a point of order, but his remarks are on the record.

    John Lamont

    I think our constituents would rather that this place, the Government and the Scottish Government concentrated all their attention and resources on the issues that matter to Scots and people across the United Kingdom.

    Let me respond to the issues that the hon. Gentleman raised. It is clear to this United Kingdom Government and people in Scotland that now is not the time to talk about another referendum. This Government have noted, and respect, the unanimous ruling of the United Kingdom Supreme Court. Its unanimous view on the substantive matter supports the United Kingdom Government’s long-standing position that a referendum is not within the powers of the Scottish Parliament. It is clear that Scotland has a strong and thriving democracy, but the power to have a referendum rests with this place. To suggest that Scotland does not have a thriving and strong democracy, and to suggest that only those who support leaving the UK support democracy, is an insult to the majority of Scots who wish to remain part of the United Kingdom. The nationalists’ rhetoric is irresponsible. The notion is absurd—so absurd that, in recent days, we have heard the absolute nonsense of some nationalists bemoaning the death of democracy in one breath and boasting of election victories with the next. I should be clear that the hon. Gentleman was not guilty of that, for perhaps obvious reasons.

    The Scottish Parliament is able to legislate in every area in which the Scotland Acts 1998, 2012 and 2016 give it the power to do so. That makes it one of the most powerful devolved Parliaments in the world. People want the Scottish Parliament and the Scottish Government to focus on the issues that matter to them, not on constitutional division. We should not forget that the people of Scotland voted decisively to remain part of the UK in 2014. The hon. Member made much of the people of Scotland’s need for self-determination; the vote in 2014 was the ultimate act of self-determination. The Scots voted in record numbers to remain part of the United Kingdom.

    On the hon. Member’s questions about the path to a referendum and whether the Union is based on consent, in 2014 both the UK and Scottish Governments agreed that it was right for the people to have their say in an independence referendum. If there is ever a referendum again, then it has to be based on consent and consensus across both Governments and all parts of civic Scotland.

    I will spend a little time pointing out some of the benefits of the Union, which the hon. Member failed to mention at all.

    David Duguid

    I want to comment on the previous point, which my hon. Friend the Minister made very well. The independence referendum in 2014 was agreed on through powers devolved temporarily to the Scottish Parliament. For the benefit of the House, will the Minister confirm, following last week’s Supreme Court ruling, that the democratic and legal position that led to consensus at the time of the independence referendum has not changed in any way? Will he confirm that nothing has changed in a democratic or legal sense since then?

    John Lamont

    My hon. Friend is absolutely right. This is about securing consensus, not just between the UK and Scottish Governments, but across all parts of society in Scotland. We are lacking that just now. As he knows, we face major challenges, including restoring economic stability, gripping inflation, supporting people with their energy bills, supporting the NHS, combating climate change, supporting Ukraine and levelling up. People across Scotland just do not accept that now is the time for another divisive referendum.

    At this time of unprecedented challenges, the benefits of being part of the United Kingdom have never been more apparent. For instance, the people of Scotland benefit from substantially higher public spending thanks to being part of the United Kingdom. That Union dividend means that remaining part of the UK is worth around £2,000 per year for every Scot. That is demonstrated in figures from the SNP Government in Edinburgh. Furthermore, the UK Government are providing the Scottish Government with a record block grant settlement of £41 billion per year over the next three years.

    There can be no question about this Government’s commitment to Scotland; it is best demonstrated by what we are delivering on the ground. That includes a multi billion-pound investment in Scotland’s defence and shipbuilding industries, which will safeguard not just the UK’s security, but tens of thousands of jobs on the Clyde and beyond.

    Kenny MacAskill (East Lothian) (Alba)

    Will the Minister give way?

    Mr Peter Bone (in the Chair)

    The Minister does not have to give way, but he might be under the impression that we have to keep this debate to half an hour. We have some extra time because the previous debate finished early, if that helps the hon. Member and the Minister.

    John Lamont

    I am grateful for that clarity, Mr Bone. I am keen to make the strong and positive case for Scotland remaining part of the United Kingdom. We have heard much nonsense from nationalist Members in this debate, and I want to make the record slightly more accurate.

    There has also been the record £1.5 billion city and growth deals programme, which invests in Scotland’s infrastructure and future. Another example would be the collaboration of local councils, which are delivering real devolution by levelling up communities and bringing local projects to life. Another divisive referendum is the wrong—

    Neale Hanvey

    On a point of order, Mr Bone.

    Mr Peter Bone (in the Chair)

    We have another point of order, which I am sure will be in order this time.

    Neale Hanvey

    The question that is being considered is the position on a further independence referendum for Scotland, not the Government’s alleged beneficence towards Scotland. That is not the matter under consideration. I would respectfully ask that the Minister restricts his comments to the subject of the debate.

    Mr Peter Bone (in the Chair)

    Thank you very much for that intervention, but I am afraid that is my job. If the Minister is wandering off, I will bring him to order. He is wandering, but not quite off the pitch yet.

    John Lamont

    Thank you, Mr Bone. Another divisive referendum is the wrong priority, at the worst possible time, and would be a complete distraction from the very real challenges that people across our country face.

    Kenny MacAskill

    I am listening to the Minister expound the great virtues. Can he explain to me why, when Scotland is energy-rich, more than half of our people are going to be fuel-poor this winter, and many will be in extreme fuel poverty?

    Mr Peter Bone (in the Chair)

    Order. I am just considering what the hon. Member said, and am remembering what the hon. Member for Kirkcaldy and Cowdenbeath said. I am not quite sure what that point has got to do with the referendum. I will leave it up to the Minister.

    John Lamont

    I am grateful for that clarification, Mr Bone.

    I fully understand and recognise the real pressures that people are facing just now with the rising cost of energy. We all know that is largely due to rising inflation, which is of course due to the illegal war in Ukraine.

    Kenny MacAskill indicated dissent.

    John Lamont

    The hon. Member for East Lothian shakes his head; I would like to know what evidence he has to suggest that the war in Ukraine is not causing rising energy prices.

    That is why this Government have taken action to support households in all parts of the United Kingdom, including Scotland, to deal with those rising energy bills. That is yet another benefit of the strength of the Union and the power that this Parliament and Government are able to take to support people during difficult and challenging times.

    Instead of divisive constitutional arguments, people in Scotland want and rightly expect both of their Governments, here and in Edinburgh, to be concentrating all their attention and resources on the issues that matter to them, their families and communities, such as the cost of living, working to drive down NHS backlogs, protecting jobs and securing our long-term energy security. The Prime Minister has been clear in his commitment to working collaboratively and constructively with the Scottish Government to tackle all the challenges we share and face. That is exactly what we want to do in vital areas, such as growing our economy, supporting our NHS and leading the international response to Russia’s illegal invasion of Ukraine. This Government remain focused on getting on with the job of delivering for the people of Scotland.

  • Neale Hanvey – 2022 Speech on an Independence Referendum for Scotland

    Neale Hanvey – 2022 Speech on an Independence Referendum for Scotland

    The speech made by Neale Hanvey, the Alba MP for Kirkcaldy and Cowdenbeath, in Westminster Hall, the House of Commons on 30 November 2022.

    I beg to move,

    That this House has considered Government policy on a further independence referendum for Scotland.

    Today is St Andrew’s day, and on this national day there is a particular significance and imperative. Last week, the UK Supreme Court told the Scottish Government that they could not exercise their democratic mandate to hold an independence referendum. But there was something else in that judgment—something that simply cannot be tolerated. There was the suggestion that, somehow, Scotland as a nation does not possess a right to self-determination. In suggesting that, the London Supreme Court overturned what has been the accepted legal, historic and political position that the UK is a voluntary Union.

    Scotland’s separate constitutional tradition is perhaps best summed up in the view expressed by Lord Cooper, in the case of MacCormick v. Lord Advocate,

    “The principle of the unlimited sovereignty of Parliament is a distinctively English principle, which has no counterpart in Scottish constitutional law.”

    The Supreme Court seems to have repudiated that. Last week’s judgment rendered the UK a state of glaring contradiction. There are contradictions in our shared history, and contradictions of equality, politics, and representation.

    The UK enthusiastically claims it seeks to preserve democracy the world over, yet moves to block Scotland at each and every turn. Can the Minister imagine the circumstances where, having entered the common market and ratified every subsequent treaty—leading to the European Union—the EU Parliament moved to block his party’s Brexit vote, or set a limit on when and if such a vote could be heard? The notion is, of course, ludicrous, because democracy is not a single event but an evolving and continuous process. That is how civilised people behave, and how freedom of thought and expression are peacefully demonstrated. Those are the foundations of inalienable human rights.

    I will consider the contradictions, concluding with a commentary of the Supreme Court’s judgment. We are often told in this place that Scotland must be proud of our shared history as part of the most successful political union ever. I will test that narrative and ask the Minister to consider our shared history through a Scottish prism.

    Before the Union, the English Alien Act 1705 threatened economic sanctions if Scotland did not settle the royal succession, or negotiate for a political union. The treaty was met with vociferous opposition both inside and outside Scotland’s parliamentary chamber but, given threats and enticements, a majority of Scottish parliamentarians were persuaded. The people were never consulted.

    It so often goes that this is all ancient history and irrelevant to a modern Scotland in a respectful union of equals. Last week’s judgment challenged that previously understood narrative. What of that modern Scotland? In my lifetime, the political complexion of Westminster rule has rarely reflected the polity of Scotland. We have endured repeated Tory Governments that Scotland did not vote for, or Labour Administrations that took us into illegal wars that we wanted no part of.

    Socioeconomic policies have destroyed our communities, exploited our resources and worked against the utility of the people of Scotland, contrary to the Articles of Union. The pursuit of such social and economic policies has driven a stake through the heart of once proud communities. As noted in the pleadings of the hon. and learned Member for Edinburgh South West (Joanna Cherry), in her prorogation case to the UK Supreme Court, the 1707 parliamentary Union between England and Scotland may have created a new state but it did not create one nation.

    Scotland was an independent nation for millennia before its coerced incorporation. It remains a distinct and internationally recognised people and country. No clearer is that evidenced than by the much earlier and continuing Union of the Crowns, where our shared monarch does not accede to a single throne of Britain, but takes the separate crowns of the realms of Scotland and England.

    As a member of the EU, the UK possessed and exercised a veto, yet claimed its sovereignty was impeded by membership. Scotland has no such mechanism in this place, and is always subject to the wiles of the policy of its larger neighbour, exemplified by Brexit. How does that constitute access to meaningful political process, as claimed by the UK Supreme Court judgment?

    In signing the Atlantic charter of 1941, wartime Prime Minister and hero of the Conservative party, Winston Churchill, brought into being the principle of self-determination of peoples, as now set out in the United Nations charter, in article 1(2), article 73 and article 76. Margaret Thatcher in her memoirs said of Scotland:

    “As a nation, they have an undoubted right to national self-determination.”

    John Major, when Prime Minister, said of Scotland:

    “No nation could be held irrevocably in a Union against its will.”

    Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)

    The hon. Gentleman is making a fantastic speech. He started by raising the point about the Supreme Court and self-determination. I found paragraph 88 of the judgment particularly interesting:

    “The people in question are entitled to a right to external self-determination because they have been denied the ability to exert internally their right to self-determination.”

    The judgment did exactly that; it did limit that right. The reason the judgment did not give the referendum was because, if it happened—even if it had limited legal effect—as it says in paragraph 81, it

    “would possess the authority, in a constitution and political culture founded upon democracy”—

    and that is all over western Europe. Ultimately, the concession has been made by the Supreme Court that the ballot box rules supreme. Indeed, the ballot box made the Supreme Court because the Supreme Court is a creature of the UK Government, which in turn was made at the ballot box.

    Neale Hanvey

    I thank the hon. Gentleman for that intervention. I will consider the blurred boundaries of legal and political, as I move through my speech. In 1989, this place reaffirmed and acknowledged the sovereign right of the Scottish people to determine the form of government best suited to their needs. In May 1997, in an exchange with the right hon. Alex Salmond during the passage of the Bill that became the Referendums (Scotland and Wales) Act 1997, the late Donald Dewar responded that he should be the last to challenge the sovereignty of the people, accepting the right of the Scottish people to a choice, including independence, should that be their wish. None of these senior politicians ever placed a limit on or sought to constrain that democratic right to self-determination. Indeed, in the wake of the 2014 referendum, the Smith commission agreement was signed by all of Scotland’s main political parties and it stated:

    “It is agreed that nothing in this report prevents Scotland becoming an independent country in the future should the people of Scotland so choose.”

    Of course, the Good Friday agreement sets out a reasoned and internationally considered timescale of every seven years to consider constitutional change. A political generation of seven years is not unreasonable, but Scotland is now a year beyond and no further forward. It is therefore imperative; if there is a consented, legal and democratic route by which the people of Ireland —north and south—can choose their own constitutional future in a border poll every seven years, what is the consented, legal and democratic route by which the people of Scotland’s sovereign right to determine their own constitutional future can be respected? That is a right underpinned by Scots law, which rests on the claim of right that asserts that it is the people who are sovereign.

    The Supreme Court’s rejection of the argument that Scotland has the right to self-determination in international law was described last week as “problematic”—very problematic—by Michael Keating, emeritus professor of politics at the University of Aberdeen. He states:

    “The way is now open for the UK Government to say that there is no time or way for Scotland to exercise its acknowledged right of self-determination”.

    He has quite rightly pointed out that in invoking the Canadian court’s ruling on Quebec, the UK Supreme Court failed to mention or consider a further aspect of that Canadian judgment—namely, that if Québec or any other province did vote for independence by a clear majority on a clear question, the Government of Canada would be bound to negotiate. That aspect of the Canadian court’s ruling is significant and in essence reflects a situation where legality meets politics.

    Angus Brendan MacNeil

    The hon. Gentleman is making a great speech, and I am grateful to him for giving way again. The Holyrood Standing Orders perhaps possess a way, and the Supreme Court has, unwittingly perhaps, opened up every election from now on for people to speak at the ballot box. Under rule 11.10 of the Standing Orders for Holyrood, “Selection of the First Minister”, paragraph 5 mentions what happens when there is one candidate, paragraph 7 when there are two candidates, and paragraph 8 when there are more than two candidates. That, with a combination of no-confidence votes, surely leaves the way open, if it was chosen, for Scotland to determine its own future—if Holyrood decides to do that.

    Neale Hanvey

    The hon. Gentleman will probably not like my answer, but that is a matter for the Scottish Government to consider.

    In addition to the point that I was making about political reality, Professor Keating goes on to argue that not going beyond the letter of the law to look at broader constitutional issues

    “risks undermining the conventions and understandings on which”

    the UK’s “largely unwritten constitution depends.” Those are wise reflections that both the UK Government and the UK Supreme Court would do well to consider.

    With regard to Kosovo, the UK has stated, in its submission to the International Court of Justice:

    “The United Kingdom considers that the Declaration of Independence of Kosovo was not incompatible with international law. It was not made in haste or in a political vacuum. Rather, it flowed from the failure of the two sides, and of the international community, after long and sustained effort, to secure any other framework”.

    Further, the UK

    “considers that developments since 17 February 2008 have crystallised Kosovo independence and cured any deficiency that might initially have existed. As the 1776 Declaration of Independence of the United States”—

    David Duguid (Banff and Buchan) (Con)

    I want to ask a question of clarification on the comparison to Kosovo. Is the hon. Gentleman really comparing the situation that Scotland finds itself in within the United Kingdom with Kosovo in the literally war-torn former Yugoslavia?

    Neale Hanvey

    I am referring to the petitioners’ arguments, the Supreme Court’s response and the UK Government’s judgment on the Kosovan situation. I am pursuing a line that was submitted by the petitioner and responded to by the UK Supreme Court.

    As the 1776 declaration of independence of the United States of America—a declaration of independence that the United Kingdom opposed at the time—illustrates, many states emerge to independence in what, at the time, were controversial circumstances. That does not vitiate their subsequent emergence into full statehood.

    These developments are succinctly crystallised by Robert McCorquodale, a professor of international law and human rights who has himself appeared as an advocate before the International Court of Justice and the UK Supreme Court. The dissolution of the USSR and its influence on the development of the right to self-determination has been examined, and Robert McCorquodale states, “Lithuania’s declaration of independence had substantial impacts on the understanding and application of the right to self-determination. The right to self-determination, which is a human right acknowledged by all states, changed from being limited to people with traditional colonial territories to applying to all states, including to peoples within states. This development has profound effects today, such as enabling people in all states worldwide to seek to exercise their right to self-determination.”

    That directly challenges a key assertion of the UK Supreme Court, which led it to conclude that the Scottish Government could not independently consult the Scottish people about independence and that it was in the gift of Westminster. Yet a public petition entitled, “The Treaty of Union 1707 is no longer fit for purpose and Dissolve The Union”, was submitted to this place in 2019 and was rejected by this place for the following reason:

    “We can’t accept your petition because this would be a decision of the people of Scotland and not the UK Government or Parliament.”

    On that, I wholly agree. For all the reasons given above, the UK Supreme Court’s position cannot stand unchallenged, particularly on our national day.

    Today I invite others to sign the declaration of St Andrew’s day, published in my name as early-day motion 633, which asserts the following:

    “we the people, elected members and civic organisations of Scotland assert that our nation has the right of self-determination to freely determine our political status and to freely pursue our economic, social and cultural development, mindful of the Scottish constitutional tradition of the sovereignty of the people, we will democratically challenge any authority or government which seeks to deny us that right.”

    On Wednesday 23 November 2022, it became clear that the wrong case had been argued at the wrong time and in the wrong court. Just as Westminster and the United Kingdom’s Supreme Court are part of the British state apparatus, so too is the Scottish Parliament, but if Scotland’s Parliament is denied agency over the future of its people, where stands democracy for the Scottish people?

    In Scots law, there is no sovereignty higher than that of our people, and here today I have asserted that right into the record. Neither Scotland’s claim of right nor the aspirations of the Scottish people to be a normal, outward-looking, independent nation are the sole purview of any one political party or any individual party leader. We now learn, the UK’s Secretary of State intends to act as a territorial viceroy, banning the Scottish civil service from advancing the democratic will of the Scottish people. Well, I give him fair warning: the independence movement extends far beyond the Scottish civil service. If anything, such an undemocratic move will simply galvanise and liberate the movement by decoupling our ambition from the daily trials of government. We are the nation of the Enlightenment, and our movement possesses minds with more ambition and vision than any Government or civil service that is subject to diktats from London.

    At the start of my contribution, I said that this was an issue of contradictions. Let me say today, on St Andrew’s day, that there is no contradiction in Scotland. Scotland is a proud and ancient nation that goes back millennia, and no one but the people of Scotland shall impede, limit or restrict our right to self-determination. It is precisely a week since the Supreme Court gave its judgment on the right of the Scottish Parliament to hold a referendum on Scottish independence. Let me be clear: Charles Stewart Parnell said about another nation that was once a part of the United Kingdom:

    “No man has a right to fix a boundary of the march of a nation…no man”—

    no court, no Government—has the right to say to another country

    “thus far…and no further.”

  • Ian Blackford – 2022 Statement on Standing Down as SNP Leader at Westminster

    Ian Blackford – 2022 Statement on Standing Down as SNP Leader at Westminster

    The statement made by Ian Blackford, the SNP Leader at Westminster, on 1 December 2022.

    I have today informed SNP MPs that I will not be restanding as leader of the Westminster parliamentary group at our AGM next week.

    After more than five years in the role, now is the right time for fresh leadership at Westminster as we head towards a general election and the next steps in winning Scotland’s independence.

    During my time as leader, the SNP won a landslide victory in the 2019 general election, with an increased share of the vote and MPs, and support for independence has continued to grow with polling this week showing a majority in favour.

    While I am stepping down as Westminster leader, I will continue in my role as the MP for Ross, Skye and Lochaber, and I have also accepted a new role at the centre of the SNP’s independence campaign, leading on business engagement.

    I would like to thank our MPs and staff for all their support over the past five years. Whoever replaces me as Westminster leader will have my full support as, together, we stand up for Scotland’s interests and democratic right to choose our future in an independence referendum.