It is always a mixed blessing to speak after the right hon. and learned Member for Rushcliffe (Mr Clarke). Mixed because, obviously, I agree with much of what he says but could never possibly match the way in which he says it.
I begin by addressing amendment 167 and the other amendments in my name and in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford). I would like to bring both sides of the Committee together by taking the opportunity to wish Finland a happy 100th birthday today, and to wish all Finns in the UK and around the world a happy 100th independence day. Finland, of course, is a fully sovereign and independent nation, and a member state of the European Union to boot, demonstrating that the two are entirely compatible. Once again, the Finns are a lesson for us all. As a historical footnote, Finland declared independence at a time of political mayhem in the state from which it seceded—there are always lessons from history.
Today’s debate is set among the chaos of the Prime Minister’s inability to get a deal on Monday. We were promised a coalition of chaos after the general election, which is one promise the Prime Minister has been able to keep.
The hon. Member for North Down (Lady Hermon) made an extraordinarily powerful speech in moving new clause 70. I hope that all Members, even those who may not agree with her, listened closely to what she had to say—we listened, and other Members did, too. The new clause seeks to preserve the principles of the Good Friday agreement. Years of hard work have gone into peace in Northern Ireland, as noted in the powerful speeches by Members on both sides of the Committee. I hope colleagues from Northern Ireland will not mind, but it would be remiss of me not to mention that the St Andrews agreement, which was part of that process, was signed in my constituency. Some hon. Members were there at the time.
Given the precious goal of long-term peace in Northern Ireland, it is astonishing that this Bill fails to address the issue, and that even in Committee we are having to remind the Government of their responsibilities. That reflects the Bill’s wider issues on the devolved Administrations. The previous Member for Moray, Angus Robertson, rightly raised the problems of the Irish border earlier this year, and the Prime Minister told Angus, just as Vote Leave told us, that there was nothing to worry about. I bet the Prime Minister wishes she had listened to Mr Robertson—there was plenty to listen to.
Mr Robertson was not alone. The Committee on Exiting the European Union noted in its report published last week—I hope members of that Committee will not mind my quoting it—that it is not possible to see how leaving the customs union is reconcilable with the imposition of a border, and it concludes:
“In the light of the recent statement from the Irish Government about the border, Ministers should now set out in more detail
how they plan to meet their objective to avoid the imposition of a border, including if no withdrawal agreement is reached by 29 March 2019.”
The Minister will be keen to tackle that when he speaks shortly.
The Prime Minister travelled to Brussels on Monday to discuss a deal on regulatory alignment. It is not for me to comment on when other Members may or may not have seen the detail and on what discussions were had—I am sure hon. Members will take the opportunity to comment themselves—but SNP Members think that regulatory alignment is quite a good approach. The Scottish Government first proposed such a resolution about a year ago in “Scotland’s Place in Europe”. It is also notable that in that publication we took on board the views of other political parties and experts—we are okay with listening to experts on the issue of Europe. The Government would do well to listen.
Of course, we believe that remaining in the single market would make it a lot easier for the UK Government to give certainty to business and the economy, and it would also be helpful on Northern Ireland. Yesterday Peter Hain, a former Labour Member, called on the Prime Minister to keep the whole UK in the single market and the customs union in order to avoid “sacrificing” the Good Friday agreement. We in the SNP obviously wholeheartedly agree with him. We recognise the historic and constitutional importance of the Good Friday agreement, and we will vote to protect it tonight if the hon. Member for North Down presses new clause 70 to a vote.
I pay tribute to the hon. Lady’s tireless efforts. There are areas on which she often disagrees with us and with many Members of the House, but there are inherent dangers if this Government only take on board the views of the DUP. They should, of course, take on board the DUP’s views, but they should also take on board those of all political parties, and I pay tribute to the hon. Lady’s efforts to ensure there is the strongest possible voice for everybody in Northern Ireland. That might sometimes make for uncomfortable listening for me and for others across this House, but it is extraordinarily important, and I pay tribute to the hon. Lady for doing this.
I turn to the amendments standing in my name—amendments 166, 167, 170, 171 and 174. Some of these points have been raised by the hon. Member for Cardiff South and Penarth (Stephen Doughty). Amendments 166 and 167 were put together by the Scottish and Welsh Governments, and confer further powers to legislate and give Scottish Ministers the ability to make their own amendments to the directly applicable EU law. The ability of Scottish Ministers to have these powers is vital for the proper functioning of the Scottish Parliament and it also keeps consistency of law where we have different legal systems across—