Constitution Secretary said Bill threatens vital laws
The UK Government should withdraw the Retained EU Law (Revocation and Reform) Bill after MSPs voted to withhold the consent of the Scottish Parliament, according to the Constitution Secretary Angus Robertson.
Speaking during a debate in the Scottish Parliament, Mr Robertson said the Bill, which is currently in the House of Lords, threatens vital regulations in the environment, food standards and employment sectors and must now be withdrawn.
With MSPs refusing to provide legislative consent, Mr Robertson said the reaction of UK Ministers would be a key test of whether or not it plans to continue to ignore or override the views of the Scottish Parliament.
If the Bill is not withdrawn, the Scottish Government has published updated amendments to lessen the impact of the Bill.
Constitution Secretary Angus Robertson said: “The Scottish Government and a number of key organisations across a range of sectors have many concerns about the Bill and we have repeatedly called on the UK Government to withdraw it.
“Firstly, it risks deregulation and threatens the high standards the people of Scotland experienced and benefited from as an EU member state for over 47 years. Secondly, the Bill includes powers for UK Ministers to act in areas of devolved responsibility without the consent of Scottish Ministers or this Parliament.
“This is clearly unacceptable and how the UK Government reacts will be a key test of whether or not they intend to continue to ride roughshod over devolution. Thirdly, the Bill includes a ‘cliff-edge’ sunset provision, which could see thousands of laws wiped overnight.
“I am pleased colleagues across the Scottish Parliament have voted to withhold consent for the Bill and I urge the UK Government to scrap it entirely. If the UK Government are intent on a race to the bottom that will impact standards across the UK, we have published a series of updated amendments to the Bill to mitigate the worst of its impacts.”
‘This is a full-frontal attack on our democratically elected Scottish Parliament‘ – First Minister Nicola Sturgeon
Scottish Secretary Alister Jack has made an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.
Scottish Secretary Alister Jack said last night: “I have decided to make an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.
“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.
“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters.
“I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.
“If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.
“I have written today to the First Minister and the Scottish Parliament’s Presiding Officer informing them of my decision.”
Reacting to the announcement last night, First Minister Nicola Sturgeon tweeted: “This is a full-frontal attack on our democratically elected Scottish Parliament and it’s ability to make it’s own decisions on devolved matters.
“@scotgov will defend the legislation & stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be first of many”
The Scottish Secretary will address Westminster later today to further explain the reasons for this unprecedented decision. Doubtless Holyrood, too, will have much to say.
How is devolution changing post Brexit? This is the key question being asked in a major new inquiry announced yesterday.
Following its recent report on the impact of Brexit on devolution, Holyrood’s Constitution, Europe, External Affairs and Culture Committee has begun work to engage businesses, civic society and the wider public on this fundamental constitutional issue.
In that report, the Committee concluded that there are fundamental concerns which need to be addressed in relation to how devolution works outside the EU.
The Committee’s view is that there is a need for a much wider public debate about where power lies within the devolution settlement following the UK’s departure from the EU. This needs to address the extent of regulatory autonomy within the UK internal market.
The Committee highlighted substantive differences between the views of the UK Government and the Scottish and Welsh Governments regarding future alignment with EU law. Differences which raise vital constitutional questions including the extent the UK can accommodate four different regulatory environments within a cohesive internal market.
Now the Committee has launched a call for views asking four key questions and they want to hear from you.
Questions include:
How devolution is now working following the UK’s departure from the EU including your experience of the policy-making and legislative processes;
How should devolution evolve post EU exit, to meet the challenges and opportunities of the new constitutional landscape;
How much scope there is for regulatory divergence in areas such as environmental standards, food standards and animal welfare between each of the four parts of the UK;
Are there sufficient safeguards to allow regulatory divergence across the four parts of the UK in areas where there are disagreements between governments?
Are there sufficient safeguards to ensure an open and transparent policy-making and legislative process in determining the post-EU exit regulatory environment?
Is there sufficient clarity regarding the post-EU exit regulatory environment within Scotland and how it relates to the rest of the UK?
Speaking as the inquiry launched, Committee Convener Clare Adamson MSP said:“The devolution landscape has undoubtedly changed as a result of Brexit.
“There are now significant differences between the views of the UK Government and the views of the Scottish and Welsh Governments about alignment with EU law and these differences raise fundamental questions about the way devolution works outside of the EU.
“But these questions are far from theoretical. They will have significant impacts on business, communities and lives of people throughout Scotland. This is why we have today launched an inquiry to engage with a wide range of people to try and find answers to these most difficult of questions.”
The Committee’s call for views is open until 30 November 2022.
Deputy Convener Donald Cameron MSP said:“In our recent report we made clear our concern about how devolution is to evolve to address the serious issues identified. Our inquiry launched today is about trying to find answers to these questions.
“We want to hear from all sectors in Scotland to try and address the issues which are facing us all.”
‘Freedom of speech and the views of elected lawmakers will be given greater weight in law’ under a Bill of Rights introduced to the Westminster Parliament yesterday. The Bill has been condemned by the Scottish Government, who say the proposals are ‘shocking and unnecessary’.
Freedom of speech to be given greater weight in law
New permission stage in court to prevent trivial legal claims wasting taxpayers’ money
Allows future laws to make it harder for foreign criminals to frustrate deportation process
The Bill will ensure courts cannot interpret laws in ways that were never intended by Parliament and will empower people to express their views freely.
At the same time, it will help prevent trivial human rights claims from wasting judges’ time and taxpayer money. A permission stage in court will be introduced requiring people to show they have suffered a significant disadvantage before their claim can go ahead.
The Bill will also reinforce in law the principle that responsibilities to society are as important as personal rights. It will do this by ensuring courts consider a claimant’s relevant conduct, like a prisoner’s violent or criminal behaviour, when awarding damages.
The Bill will make clear that the UK Supreme Court is the ultimate judicial decision-maker on human rights issues and that the case law of the European Court of Human Rights does not always need to be followed by UK courts.
Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said: “The Bill of Rights will strengthen our UK tradition of freedom whilst injecting a healthy dose of common sense into the system.
“These reforms will reinforce freedom of speech, enable us to deport more foreign offenders and better protect the public from dangerous criminals.”
The Bill of Rights will make it easier to deport foreign criminals by allowing future laws to restrict the circumstances in which their right to family life would trump public safety and the need to remove them.
It will mean that under future immigration laws, to evade removal a foreign criminal would have to prove that a child or dependent would come to overwhelming, unavoidable harm if they were deported.
As a result, any new laws will curb the abuse of the system that has seen those convicted of hurting their own partners and children evade removal by claiming it would breach their right to family life in the UK.
The Bill of Rights will also:
Boost freedom of the press and freedom of expression by introducing a stronger test for courts to consider before they can order journalists to disclose their sources.
Prevent courts from placing new costly obligations on public authorities to actively protect someone’s human rights and limit the circumstances in which current obligations apply, for example, police forces having to notify gang members of threats towards them from other gangs.
Insulate the Government’s plans to increase the use of prison Separation Centres against legal challenge from extremist offenders claiming ‘a right to socialise’.
Recognise that trial by jury is a fundamental component of fair trials in the UK.
Prevent human rights from being used as a way to bring claims on overseas military operations once alternative options are provided by upcoming legislation.
Confirm that interim measures from the European Court of Human Rights under Rule 39, such as the one issued last week which prevented the removal flight to Rwanda, are not binding on UK courts.
This will be achieved while retaining the UK’s fundamental commitment to the European Convention on Human Rights.
UK BILL OF RIGHTS CONDEMNED
Call for Scottish Parliament to be consulted
Proposals to repeal the Human Rights Act are a “shocking and unnecessary” attempt to remove safeguards afforded to every member of society, Equalities Minister Christina McKelvie has said.
Putting on record the Scottish Government’s unequivocal opposition to the UK Government’s Bill of Rights, published today, Ms McKelvie stressed that the Scottish Parliament would have to agree to any changes affecting the devolution settlement.
Ms McKelvie said: “This shocking and unnecessary legislation seeks to put UK Ministers above some of the most fundamental checks and balances that underpin our democracy.
“The fact remains that we do not need a new Bill of Rights. The Human Rights Act is one of the most important laws passed by the UK Parliament. For more than 20 years it has delivered fairness and justice – protecting our rights to privacy and liberty, freedom of expression and peaceful protest. It has prevented discrimination, inhumanity and the abuse of power.
“The UK Government’s Rwanda policy has been challenged in the European Court of Human Rights. This legislation appears to be part of its response – an attempt to remove safeguards protecting every member of our society.
“As a founding signatory of the European Convention on Human Rights, the UK Government should be championing international human rights standards and the rule of law. Instead its Ministers appear intent on damaging the UK’s global reputation.
“I would urge them to stop this act of vandalism which will have an impact on public bodies that must adhere to it. The UK Government must also remain fully committed to the European Convention on Human Rights and to membership of the Council of Europe.
“The Human Rights Act is built into the heart of the devolution settlement, and any legislation that breaches the Act has no force in law. Let me make clear that it would therefore be wholly unacceptable to make changes affecting Scotland without the explicit agreement of the Scottish Parliament.
“I am proud that the Scottish Government is treading a different path, showing human rights leadership by protecting and enhancing our rights and freedoms, with plans for future Scottish legislation to extend devolved human rights safeguards even further.”
The Secretary of State for Northern Ireland, Brandon Lewis, made a statement following a series of meetings with party leaders:
The Secretary of State for Northern Ireland, Rt Hon Brandon Lewis MP, yesterday met with the leaders of Northern Ireland’s five main political parties; Michelle O’Neill, Sinn Féin; Sir Jeffrey Donaldson, DUP; Naomi Long, Alliance; Doug Beattie, UUP; and Colum Eastwood, SDLP.
In all his meetings, the Secretary of State reiterated the need to respect the electoral outcome of Thursday’s election and restore the full functioning of the devolved institutions as soon as possible – both the Executive and the Assembly.
All parties agreed on the importance of maintaining political stability. The Secretary of State encouraged all party leaders to come together to form an Executive as soon as possible, starting with the nomination of an Assembly Speaker.
The Secretary of State acknowledged that the Northern Ireland Protocol remains a clear barrier to political stability and re-confirmed that the Government will do whatever it takes to protect the Belfast (Good Friday) Agreement, in all of its dimensions.
He reiterated the Government’s desire to address the outstanding issues by agreement with the EU, but confirmed that the Government stood ready to take further steps to rectify those issues, should that be necessary.
He noted that negotiations with the European Commission related to the Protocol were the responsibility of the UK Government and that they should not stand in the way of restoring the Stormont institutions and enabling the Executive to deliver for all the people of Northern Ireland.
He reiterated the importance of taking advantage of the new provisions in the NI (Ministers, Elections and Petitions of Concern) Act passed earlier this year to enable continuity in decision-making during the Executive formation process. This will ensure existing Northern Ireland ministers can remain in place to oversee NI departments, allow legislation to progress and support the delivery of vital public services.
Speaking after his meetings, the Secretary of State for Northern Ireland, Brandon Lewis MP, said: “Northern Ireland’s party leaders must come together to agree a way forward to deliver a stable and accountable devolved government.
“The UK Government’s overriding priority remains the preservation of peace and stability in Northern Ireland and the protection of the Belfast (Good Friday) Agreement in all its strands.
“The current situation with the Protocol is fundamentally undermining the Belfast (Good Friday) Agreement and creating an unacceptable situation in Northern Ireland. We will continue to press the EU to agree the crucial changes that are urgently needed but will take nothing off the table in our pursuit of those solutions.
“As I conveyed to party leaders today, our collective focus must be on the restoration of the Stormont institutions so that those newly elected representatives can come together and deliver in the best interests of all the people of Northern Ireland.
“I will remain in close contact with the party leaders over the coming days.”
Dealing with the recovery from the COVID-19 pandemic, tackling the climate emergency and the post-Brexit devolution settlement will feature heavily in the work of the new Scottish Parliament, according to a new paper by the Scottish Parliament Information Centre (SPICe).
Published as our new MSPs return to Holyrood, the Key Issues for Session 6 paper outlines the challenges facing MSPs as they confront the scale of the COVID-19 recovery, with researchers stressing a balancing act is required to promote recovery while keeping new variants at bay.
Following Brexit, MSPs will also have to contend with the new constitutional arrangements and the impact on the powers of the Scottish Parliament. SPICe also highlight the ‘twin crisis’ of climate change and biodiversity loss, with significant changes expected in coming years to tackle this emergency across all sectors of the economy and society – raising the challenge of how Parliaments can best engage with and scrutinise disruptive change.
The briefing explores 26 key issues alongside the three themes, covering each major area of devolved policy – from mental health provision and changes in family law, to the business base in Scotland and changing car use.
Speaking as the briefing was published, Clerk and Chief Executive of the Scottish Parliament David McGill said: “The Key Issues for Session 6 briefing is an example of the vital work that SPICe produces for parliamentarians. It outlines the key subjects likely to be of particular interest for the new Parliament with tailored, impartial analysis of the issues that matter to MSPs.
“While the new Session will deal with a range of issues over the next five years, SPICe has identified the broad themes likely to feature heavily in the work of the Parliament as well as the key issues from across all areas of devolved policy.
“This briefing can either be read from cover to cover or readers can dip into whichever issues interest them the most. I hope it proves to be both a thought provoking and useful reference tool in the months and years ahead.”
The Scottish Government has published legislation to set the rules for any referendum within the competence of the Scottish Parliament. The SNP, supported by the Scottish Greens, want to hold a referendum before the end of next year – but they need Westminster’s permission, and it’s unlikely that the current UK government will give their assent.Continue reading Scotish Government starts process for a new independence referendum
New powers for the Scottish Parliament will be used to create a fairer country, Constitution Secretary Derek Mackay has pledged. From today, the Scottish Parliament and Scottish Government receive new powers through the Scotland Act 2016.Continue reading Scotland has the power …
Political engagement is highest in Scotland – but few people believe they can make a difference
Most people in the UK now believe Scotland will become an independent country and eventually leave the UK, according to new research from the University of Edinburgh.
The findings are taken from a survey of more than 7000 voters across Scotland, England, Wales and Northern Ireland which asked people about a range of constitutional issues.
The majority of people surveyed across the four nations believe that Scotland will eventually leave the UK – 69 per cent in Scotland; 59 per cent in England; 54 per cent in Wales; and 59 per cent in Northern Ireland.
The survey found that 15 per cent of Scots think the country will become independent within five years and 32 per cent believe it will happen within ten. Overall, more than two-thirds of Scots believe the country will eventually vote for independence.
Deputy First Minister John Swinney said: “The Scottish Government continues to believe independence is the best option for Scotland, and the survey finds most Scots think this is where the constitutional journey will take us.
“We also believe strongly that Scotland being taken out of the EU in a referendum in circumstances, where a majority of Scots had voted to stay in, would be massively damaging economically and have major constitutional implications.
“The referendum on independence was a wonderful experience of democratic engagement, bringing people into politics who in some cases had not been involved in decades, if at all.
“I therefore welcome the findings that political engagement in Scotland is higher than in the rest of the UK, particularly among young people and that there remains a strong appetite for debate over the constitution. Scots are significantly more likely to say that they will vote in the 2015 Westminster election.”
Despite the views on constitutional issues, those surveyed do not believe ‘ordinary people’ have a big influence on how the UK is run – politicians, political parties, businesses, trade unions and local councils are seen to hold greater influence on the running of the country.
Dr Jan Eichhorn, of the University of Edinburgh’s School of Social and Political Science, said: “People across the UK show an appetite for discussions about how the country should be governed.However, it is worrying to see how little people think they can actually make a difference.”
Dr Daniel Kenealy said: “Despite Nicola Sturgeon’s call for an EU referendum veto by the four nations of the UK, and First Minister of Wales Carwyn Jones’s support for the idea, it remains unpopular with people across the UK.”
A Labour spokesman said: “This poll shows that people are frustrated with the way that politics works, and they want to have a bigger say in how our country is run. Making our country work for working people is the best way to bring all parts of it together again.
“That is why Labour has committed to a constitutional convention, made up of people from all parts of the country and all walks of life, to change the way our country works.”
A spokesman for the Scottish Conservatives said fears about the end of the Union were being heightened by the prospect of a pact at Westminster between Labour and the SNP in the event of a hung parliament.
The spokesman said: “With Labour flirting with the SNP in the hope it gets them into government, and the Lib Dems dead in the water it’s no surprise people fear the constitutional question isn’t yet over.”
Mark Lazarowicz MP has pledged to work for the transfer of powers promised to the Scottish Parliament without delay as Ed Miliband and the other UK party leaders confirmed their commitment to the process.
The North & Leith MP sets out his views on the way ahead for Scotland and the rest of the UK on the path to constitutional reform in an article published on his website today.
He said: “There must be no delay in the transfer of powers promised during the referendum campaign to the Scottish Parliament.
“Gordon Brown announced a timetable with cross-party support for further transfers of power to the Scottish Parliament and Ed Miliband as well as the other UK party leaders have reaffirmed their commitment to it.
“That has now begun with the agreement of a Parliamentary Motion which will be published as soon as Parliament returns. Full debate involving the Scottish Parliament and civil society in Scotland will follow leading to legislation being drafted by January.
“We now need to re-engage people to rebuild democracy throughout the UK by devolving power and Scotland is leading the way in that.”
