Fcc/S5/20/24/M Finance and Constitution Committee

FCC/S5/20/24/M

FINANCE AND CONSTITUTION COMMITTEE

MINUTES

24th Meeting, 2020 (Session 5)

Tuesday 6 October 2020

Present:

George Adam Tom Arthur Jackie Baillie Alexander Burnett Angela Constance Bruce Crawford (Convener) Murdo Fraser (Deputy Convener) Patrick Harvie Dean Lockhart John Mason Alex Rowley

Also present: Kenneth Armstrong, Committee Adviser.

The meeting opened at 2.57 pm.

1. UK Internal Market Bill LCM (in private): The Committee considered a draft letter. Various changes were proposed and decided upon (nine by division), and the Committee then agreed its letter for publication.

Dean Lockhart moved the following amendment—

To delete paragraphs 4 and 5 and to add in the following—

The Committee notes that the provisions of the UK Internal Market bill are in draft and are subject to further revision and amendment as it progresses through the House of Lords. As such, a number of the Conclusions set out in this Report are subject to any such amendments.

The amendment was disagreed to—

• For 3 (Murdo Fraser, Alexander Burnett, Dean Lockhart) • Against 8 (Bruce Crawford, George Adam, Tom Arthur, Jackie Baillie, Angela Constance, Patrick Harvie, John Mason, Alex Rowley) • Abstentions 0

FCC/S5/20/24/M

Dean Lockhart moved the following amendment—

To add a conclusion after paragraph 12 based on evidence that some form of regulation is required for the operation of the internal market.

The amendment was disagreed to by division—

Dean Lockhart moved the following amendment—

To delete paragraphs 33, 34 and 35.

The amendment was disagreed to by division—

Patrick Harvie moved the following amendment—

To amend paragraph 42 to read—

“It is clear to the Committee therefore that this will undermine the UK Government’s stated intention to provide certainty for businesses, and will risk placing important public policy decisions outside the scope of democratic accountability.”

The amendment was agreed to by division—

• For 8 (Bruce Crawford, George Adam, Tom Arthur, Jackie Baillie, Angela Constance, Patrick Harvie, John Mason, Alex Rowley) • Against 3 (Murdo Fraser, Alexander Burnett, Dean Lockhart) • Abstentions 0

Dean Lockhart moved the following amendment—

To delete the final sentence in paragraph 62.

The amendment was disagreed to by division—

Dean Lockhart moved the following amendment— FCC/S5/20/24/M

To delete paragraph 124

The amendment was disagreed to by division—

Dean Lockhart moved the following amendment—

To delete paragraphs 128 and 129.

The amendment was disagreed to by division—

Patrick Harvie moved the following amendment—

After paragraph 126 insert the following—

The Committee considers that the process by which the UK Internal Market Bill has been developed and introduced has made such mutual trust and respect harder to achieve. In particular the timing of the consultation on the White Paper during the devolved parliamentary recesses, the decision not to publish a draft Bill for consultation, the refusal of the Secretary of State to give evidence to the Committee, and the threat to legislate in devolved areas without the consent of the Scottish Parliament all act as barriers to the development of trust and respect.

The amendment was agreed to by division—

Patrick Harvie moved the following amendment—

After paragraph 129 insert the following—

The Committee considers that any decision to proceed with the UK Internal Market Bill in the absence of the consent of the Scottish Parliament would not be consistent with Section 28(8) of the Scotland Act 1998 as amended, would lack democratic legitimacy, and should not be accepted.

The amendment was agreed to by division— FCC/S5/20/24/M

2. Trade Bill 2020 LCM (in private): The Committee deferred consideration of this item.

The meeting closed at 4.13 pm.

Jim Johnston Clerk to the Finance and Constitution Committee Room T3.60 The Scottish Parliament Edinburgh Tel: 0131 348 5215 Email: [email protected]