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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 5 May 2021
  6. Current session: 12 May 2021 to 16 August 2025
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Displaying 1469 contributions

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Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

Our second item is to take evidence on the legislative consent memorandum for the Northern Ireland Protocol Bill. We have two evidence sessions on the LCM this morning. I welcome to the committee Dr Ruth Fox, director, Hansard Society; Sir Jonathan Jones KC, senior consultant, Linklaters LLP; and Dr Oliver Garner, research fellow, Bingham Centre for the Rule of Law. I hope that we will be joined online by Professor Catherine Barnard, deputy director, UK in a Changing Europe. We might also be joined by our committee’s advisor Professor Katy Hayward for a short time.

I will ask the opening question. In our recent report, “The Impact of Brexit on Devolution”, the committee shared its view that

“the extent of UK Ministers’ new delegated powers in devolved areas amounts to a significant constitutional change.”

Given that the Northern Ireland Protocol Bill does not confer any powers directly on Scottish ministers and that there would be no requirement to obtain consent from the Scottish Parliament or Scottish Government before the delegated powers proposed in the bill are exercised by United Kingdom ministers, what are your views on the impact that that could have on the way in which devolution operates and on the Scottish Parliament’s scrutiny roles in particular?

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

Professor Barnard has had to leave, because of connection issues.

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

I will bring in Professor Hayward now, who is our adviser—I did not realise that she was still with us, so my apologies to the deputy convener, as I said that she had left.

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

I am sorry, Professor Barnard, but your sound is breaking up at this end and we are not able to pick up enough of your contribution. I am very sorry but we are going to have to move on to a supplementary question from Alasdair Allan.

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

The inaugural meeting of the Parliamentary Partnership Assembly was held on the morning on which the UK Government announced the bill, which did not set that partnership off on the best of terms, to say the least. We will meet again in the next couple of weeks. At that inaugural meeting, it was absolutely the view of Commissioner Šefcovic and the European contributors that the TCA was working and that that had been demonstrated by the negotiations on medicines.

Do you share that opinion? Do you think that the bill can be withdrawn and that we can move forward to negotiate on the areas, as highlighted by Mr Cameron, where there is a will?

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

Thank you very much, cabinet secretary. I will open on those points about four-nations co-operation. We have heard today that there may well be some progress in Northern Ireland and we wait to see what happens there, but what discussions have you had with your Welsh counterparts about this? Are they on the same page as the Scottish Government in their opinion of the bill and its potential impact on devolved settlements in both areas?

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

That exhausts the committee’s questions this morning. I thank the cabinet secretary and his officials for their attendance. We will now move into private session.

10:48 Meeting continued in private until 11:10.  

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

I will be attending and taking part in the interparliamentary forum that will be meeting on Friday, which has also raised concerns about these issues.

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

Thank you all for your contributions. We are again sorry that Professor Barnard had to leave, but she has indicated that she will write in with any comments on the questions if she wishes to add to her submission to the committee.

I will suspend the meeting briefly to allow the next witnesses to come on board.

10:01 Meeting suspended.  

10:04&Բ;&Բ;ܳԲ—&Բ;&Բ;

Constitution, Europe, External Affairs and Culture Committee

Northern Ireland Protocol Bill

Meeting date: 27 October 2022

Clare Adamson

For our second panel this morning, as part of our consideration for the legislative consent memorandum on the Northern Ireland Protocol Bill, I welcome Angus Robertson MSP, Cabinet Secretary for the Constitution, External Affairs and Culture, who is joined by Frank Strang, deputy director of EU relations at the Scottish Government, and Chris Nicholson, solicitor, Scottish Government legal directorate. A warm welcome to you. Cabinet secretary, I invite you to make an opening statement.