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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 8 October 2025
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Displaying 857 contributions

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Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Alasdair Allan

How will the Scottish Parliament be informed about decisions, including when an exemption under the UK Internal Market Act 2020 has been sought? How do you get told and how do we get told?

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Alasdair Allan

We have mentioned two acts of the UK Parliament, and what I am driving at is whether you have concerns that it could use its powers in other ways, too.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Alasdair Allan

It is on the single-use plastics issue that has been mentioned and the lessons for how we would deal with the UK Government again if similar issues arose.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Alasdair Allan

How have you engaged with stakeholders on some of the issues? I was interested to hear you use the phrase “coach and horses”. Those of us who are on the Constitution, Europe, External Affairs and Culture Committee have heard that phrase used by NFU Scotland, whose representative said:

“we have had the internal market act, which, as I said, almost drives a coach and horses through the principles of common frameworks”.—[Official Report, Constitution, Europe, External Affairs and Culture Committee, 16 December 2021; c 4.]

You mentioned it as a backstop, but does the existence of other such legislation provide a direct threat to what you are trying to achieve through the common frameworks?

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Alasdair Allan

I understand that the Law Society of Scotland has also raised some of those issues. It noted:

“there are no domestic legal constraints on the powers of the UK Parliament or UK Government concerning common frameworks.”

Given the sovereign nature of the UK Parliament and the backstop that it presents in all those matters, what conversations have you had with the UK Government about how it intends to use those powers?

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Alasdair Allan

Thank you for being here again, cabinet secretary. As I am sure that you will have heard if you were listening in, we have heard a lot this morning about the issues that such matters give rise to about the rule of law. Experts have told us their view on that from a legal point of view, but from the point of view of other European countries where the rule of law and constitutions and so forth are taken seriously, what does the current situation do for the UK’s reputation among them?

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Alasdair Allan

As I mentioned, we have heard from a number of experts. Sir Jonathan Jones KC, the Bingham Centre for the Rule of Law and the Hansard Society all expressed concern about UK ministers being allowed, through the proposed legislation, to step firmly into devolved areas and to radically change the relationship with the Scottish Parliament. I think that the Hansard Society described that as a constitutional crisis. Is it?

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Alasdair Allan

I will keep it to a couple of brief questions in that case.

I know that this is returning to a theme, but I want to ask about the relation between UK ministers and the Scottish Parliament that could or will emerge from the bill. We have talked a bit about Henry VIII powers and the implications for this Parliament. Thankfully, Henry VIII never had the opportunity to legislate in Scotland. Nonetheless, there is the combination of the Henry VIII powers and other provisions in the bill, together with the decline of the Sewel convention, which has been alluded to. What is the effect of that combination of things? I know that Sir Jonathan Jones mentioned a range of unfortunate precedents, or words to that effect. How does the bill combine with the fact that, arguably at least, there is a decline in the Scottish Parliament’s ability to rely on the Sewel convention?

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Alasdair Allan

I think that we may still be on the third point there, but I am not sure.

I noticed, Sir Jonathan, that you referred to—I was going to say “the excuse” but let me put it more neutrally—the reason that the UK Government has given for proposing to breach international law. I do not want to put words into your mouth but I think that you said the Government cited the grave threat or the emergency situation, or something like that. As much as public life in the UK at the moment does feel like an on-going emergency, I wonder what the threshold is in terms of precedent, if any, for such an extraordinary act as to propose to legislate to breach international law and whether you find the reasons offered to be convincing.

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Alasdair Allan

I put the same question to Dr Fox. What is the cumulative impact of the bill when it is taken together with other developments such as the changes to our understanding of the Sewel convention?