This is the first opportunity I have had to speak on the Bill, which I have profound concerns about, so I want to use the early part of my remarks to lay out my clear objections to the Bill. After that, I will seek to address part 5 of the Bill, which is the focus of our line-by-line scrutiny tonight.
Like many colleagues from Scotland, I have grave concerns that the Bill is not only a slap in the face to the rule of international law but undermines the very foundations of the devolution settlements, which are so precious to Scotland, Wales and Northern Ireland. That should not surprise the people of Scotland, who witnessed the Tories campaign vehemently against devolution in the 1997 referendum. The truth is that the Conservatives and this Prime Minister in particular have never respected the devolution arrangements. As my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) reminded the House last week, it was a former Daily Telegraph writer who wrote a tirade against devolution, saying:
“Devolution is causing all the strains that its opponents predicted, and in allowing the Scots to make their own laws, while free-riding on English taxpayers, it is simply unjust.”
That former Daily Telegraph writer was, of course, the current First Lord of the Treasury, the Prime Minister.
From the outset, I absolutely reject the Bill and will vote against it at every opportunity until it is foisted on to the statute books by a Tory Government that people in my country never voted for. But let us be crystal clear about the draft legislation before us and the consequences of it receiving Royal Assent. For a start, the Bill would undoubtedly lead to a race to the bottom on food and environmental standards. Indeed, it creates more, not less, uncertainty for businesses and makes the case that the only way to truly defend the Scottish Parliament is with the normal powers of independence.
I am long enough in the tooth to know that Committee of the whole House means that my remarks have to be focused on the specific clauses at hand, so I will not test your patience much longer, Dame Rosie, and will seek to focus on part 5 of the Bill. Indeed, I will make specific and limited references to clauses 40 to 45, but in doing so, I wish to indicate my support for amendments 27, 31 to 40, 44, 80, 88 and 89, in the name of my hon. Friends on the SNP Benches, and I will also support new clauses 5 and 6 if they are put to a Division.
I want to first deal with the issue of breaching international law, which has been the source of much debate this evening and in recent weeks. Since this is the first time that I have participated in proceedings on the Bill, I have had the opportunity to watch all of this play out, particularly on Second Reading last week, and I am still not quite sure what to make of it, if I am truly honest.
Part of me still finds it jaw-dropping and astonishing that the Conservative party—once the party of law and order—is now openly flouting international law. But then I realise that we have been here before, because this is a Government and a Prime Minister who do not respect or uphold the law. It is a timely reminder of the events this time last year, when my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) forced the Government into the Supreme Court, which found their actions to prorogue Parliament “unlawful”, so should we be surprised at this Government putting two fingers up to the judiciary? Ministers need to think again, not just because it is morally wrong to break the law, but because it is also a clear breach of the ministerial code. David Anderson QC was bang on the money when he said:
“The Ministerial Code still mandates compliance with international law, despite a change to its wording, as the Court of Appeal confirmed in 2018”.
However, the controversy surrounding the clauses before us tonight is not just about upholding the rule of law, which is surely the most basic thing we would expect from a permanent member of the UN Security Council. Pushing ahead with this madness will have an impact for post-Brexit Britain on the world stage. What does it say about a post-Brexit global Britain that its first act as an independent state is to tear up the rules-based order? I would argue that it sends a clear signal that Britain under Boris is giving two fingers up to not just international law but peace on the island of Ireland, and that is what worries me most about all this. Tory Ministers and Back Benchers appear, once again, to be playing fast and loose with Northern Ireland, with little understanding of the consequences for the fragile communities over there, or indeed for the knock-on effect on trade.
We know that pressing ahead with this reckless act is a sure-fire way of torpedoing any chance of a trade deal with the United States. How do we know that? Because the Americans have said so already. Take Nancy Pelosi, the Speaker of Congress, who said:
“The U.K. must respect the Northern Ireland Protocol as signed with the EU to ensure the free flow of goods across the border. If the U.K. violates that international treaty and Brexit undermines the Good Friday accord, there will be absolutely no chance of a U.S.-U.K. trade agreement passing the Congress.”
Most of us know that playing fast and loose with the Northern Ireland protocol, as the Bill proposes, will not end well, but imagine my surprise when I saw some tweets from the right hon. Member for Wokingham (John Redwood) suggesting:
“Trade deals are nice to have but not essential. We didn’t have a trade deal with the USA when in the EU. Getting back full control of our laws, our money and our borders is essential.”
I am a bit confused, because one caucus of the Tory party, headed up by the International Trade Secretary, says that Brexit is all about new opportunities for trade, and Brextremists such as the right hon. Gentleman say that trade deals are nice but not essential—all the while the Government are playing fast and loose with peace on the island of Ireland.
The fact is that the Bill, and specifically the three clauses before us, are a clear advert for what Brexit Britain looks like: playing peace with Northern Ireland; riding roughshod over devolution; a race to the bottom on food and environmental standards; and two fingers up to upholding the rule of law. People in Scotland can see that it is an advert for post-Brexit Britain, and do not be surprised if they trade it in for independence and take back control the next time Scotland has the opportunity.