Time running out for UK Government
The Brexit debate picked up pace during the last two weeks.
Theresa May’s government was forced by a UK Supreme Court decision to allow the UK Parliament a say in the triggering of article 50. In the course of the same decision the court accepted the UK Government argument that it did not need Scottish Parliament consent to proceed with article 50.
This flies in the face of the Sewell Convention, an agreement between the Scottish and UK governments named after Lord Sewell, the Scotland Office minister in the Lords responsible for implementing the original Scottish devolution bill in 1998. It provides that the UK Parliament may not legislate for devolved matters without the consent of the Scottish Parliament.
Following the Smith Commission report the UK Government agreed to put this convention on a statutory footing by incorporating it into the 2016 Scotland Act, which devolved some further powers to the Scottish Parliament.
It was implicit that this would apply to constitutional changes which might impact the legislative powers of the Scottish Parliament, which Brexit will certainly do.
However, at the first test of these assurances, the recent Supreme Court case, the UK Government’s dishonesty on this was laid bare as they effectively argued that the Sewell Convention wasn’t really worth the paper it was written on.
Despite Scotland voting overwhelmingly to remain, it is to be dragged out of the EU against its will with no say in the process, the direction of travel or indeed the outcome of any negotiations.
As if to underline the disrespect with which Scotland is being treated, absolutely no serious consideration will be given to the plan put forward by the Scottish Government to protect Scotland’s place in the European single market.
There is also a concerted effort by the establishment to effectively shut down and shut out Scottish input on this issue, as witnessed by the disgraceful scenes in the House of Commons during the article 50 debates. Not one SNP amendment was accepted.
On the second reading of the article 50 debate contributions from the SNP were not taken until nearly seven hours into the debate and even then the few who did get to speak had their time curtailed or, in the case of Joanna Cherry MP, were abruptly and rudely cut off by the chair.
When they did get to speak they faced a barrage of noise and jeering from the Tory and sometimes Labour benches. This included a Tory knight of the realm making barking noises at a female SNP MP. It is astonishing that Scotland’s representatives at Westminster have to endure this level of bile and misogyny.
By contrast, when the Scottish Parliament also considered the triggering of article 50 last week, whilst the debate was robust, it was markedly more respectful.
Strong sentiments were voiced on all sides of the debate but there was no constant barrage of noise to contend with and certainly no animal noises directed at members who were speaking.
The Scottish Parliament voted by 90 votes to 34 against the UK Government triggering article 50 until a UK-wide approach is agreed.
Significantly all but three Labour MSPs voted for the Scottish Government motion, putting Scottish Labour at odds with the UK Labour Party.
The clock is ticking down on the UK Government as they prepare to fire the starting gun on formal negotiations for the UK to leave the EU.
Will there be an agreed UK approach, as promised by Theresa May? Will she seriously consider the compromise plan put forward by the Scottish Government to protect Scotland’s needs and interests in the UK Brexit process?
If, as is likely, the answer to both these questions is no then time will have run out for the UK Government to make meaningful concessions and the people of Scotland will, once again, have the right to choose their future.
There is a concerted effort to shut out Scottish input on this issue