Claim of Right for Scotland

Motion made, and Question proposed, That this House do now adjourn.—(James Morris.)

Tonight, I rise to remind the House that the claim of right for Scotland is a principle that recognises that the people of Scotland have the sovereign right to determine the form of government best suited to their needs. This right is well established; it was first set out in the Declaration of Arbroath in 1320 and was most recently endorsed by Parliament in the Commons in a debate in July 2018—a debate in which I was privileged and proud to speak.

In Scotland, this House is not recognised as sovereign. The people of Scotland are sovereign, and they are angry that this House, this Government, are over-reaching themselves by trampling all over Scotland’s devolution settlement, with repeated and concerted attempts by Tory Members to shout down Scottish National party Members when we dare to speak up on behalf of Scotland.

The debate tonight comes at a critical time for Scotland, with the UK on the cusp of withdrawing from the European Union—something which the people of Scotland rejected by a significant majority, but which is to be imposed upon them against their expressed democratic wish. However, if one accepts the European Union referendum result in England despite all the cheating and law breaking that we all know went on, because the democratic will of the people of Scotland is different from the democratic will of the people of England, then—too bad—Scotland is to be ignored, dismissed and dragged out of the European Union anyway.

With the Westminster power grab and the lack of consent given to this disastrous Brexit by the Scottish Parliament, the devolution settlement has been trampled underfoot by this Government—so much for a so-called union of equals; so much for Scotland leading the UK, not leaving the UK. How can this be a union of equals when the democratically devolved legislatures in Scotland, Wales and Northern Ireland have all refused to consent to this Tory Government’s withdrawal agreement, which will damage our jobs, our prosperity and our relationships with our European partners? This Brexit, which may yet deliver a no-deal scenario, is to be forced on Scotland against her will, exposing for all to see the myth of the so-called union of equals.

In the general election a few weeks ago, the Tories in Scotland unequivocally urged voters in Scotland to vote Tory to stop indyref2. We in the SNP stood firmly and proudly on a platform of saying no to Brexit and saying yes to the people of Scotland’s right to choose their own future. Scotland, by and large, did not vote Tory, but voted SNP in huge numbers. The SNP won 80% of the seats in Scotland, yet this Government still refuse to accept that the people of Scotland have made their choice—that they want Scotland to have the right to choose its own future because no one is better placed to make decisions for Scotland than the people who live in Scotland.

I hear what the hon. Lady is saying, but in my constituency and other constituencies in the week of the general election, SNP candidates told voters that the election was nothing to do with independence, but that they were to vote SNP if they were against Brexit or if they were against Boris. However, at 10 o’clock on 12 December, it was all to do with independence.

This is the kind of wilful fingers-in-ears attitude that we have come to expect. Not everybody in Scotland who voted SNP is yet persuaded of the argument for independence, but what they do want is the right to choose.

We know that the Minister will trot out well-worn phrases and lily-livered lines about the SNP not winning more than 50% of the popular vote in the election in 2019. However, he must consider that the first-past-the-post voting system that he supports is the one in which we are working. Further, the SNP in Scotland has won the council elections in 2016, the Holyrood election in 2016, the general election in 2017, the European elections in 2019 and the general election in 2019. Each of those five elections was contested on one proposition by the Tories: “Vote Tory to stop indyref2”. The Tories in Scotland never mentioned any policies or discussed any other issues. They simply said, “Vote Tory to stop indyref2”. And yet, still they could not get close to beating the SNP in these elections.

For anyone to deny the democratic right of Scotland to have a say over her own future path, or to try to shift the goalposts on what winning an election actually means or looks like, is deluded. Doing an impersonation of King Canute trying to hold back the tide simply shows the desperation and arrogance of this Government, who think that if they can just ignore the pesky Scots for long enough, they will just give up. We will not give up. We in Scotland have a right. We have a right which we claim in no uncertain terms, to choose our own future, and we will not be denied.

I commend the hon. Lady for her hard work on behalf of her constituents and recognise how much it means for her to come back to this House. Does she accept that while many people have voted for her because of who she is and her hard work, and for her party colleagues here as well, many of those who voted Scot Nats—or a certain proportion, anyway—do not accept the case for independence?

What I accept is that the people who voted for the Scottish National party want to have the debate and want to have the choice, and that matters. It is our job to persuade them over the line.

The hon. Member for Strangford (Jim Shannon), who comes into this debate with a degree of interest in it, may not be aware that there are now three Scottish Tory Members sitting in this House: the Minister, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), and the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont). Can my hon. Friend say whether their majority has gone up or down on the basis of their message saying no to indyref2?

I do not wish to intrude on private grief, but I cannot help noticing that each of the three Tory MPs from Scotland rushed as though their behinds were on fire to leave Holyrood—Scotland’s Parliament—to come to this House, and I have to question why that might be.

If not winning over 50% of the popular vote is the only tool in the Government’s arsenal to deny the people of Scotland the right to choose their own future, then where is the democratic mandate for this Government to press ahead with their version of a damaging Brexit—a Brexit born out of a very narrow referendum result, with the Electoral Commission itself saying that the referendum was characterised by law breaking, cheating and dishonesty? In last year’s general election, the Tories won 43.6% of the vote. If we follow the UK Government’s logic on indyref2, this Tory Government most certainly do not have a mandate for their version of Brexit either. Therein is crystallised the unsustainability of the Tory Government’s position. This might be a surprise to some Conservative Members, but the Government’s position is so unsustainable that even some Front-Bench Tory MPs are admitting it secretly, off the record. If the Government continue to hold on to the unsustainable position that Scotland should be denied its claim of right to exercise its democratic will to determine its own future, this will, and can only, deepen the current constitutional crisis. There is no doubt that England’s and Scotland’s elected representatives have quite different and diverging constitutional mandates, but be in no doubt—each mandate is as valid as the other.

Let me turn to the tired and frankly insulting mantra trotted out too often by Conservative Members: that the people of Scotland voted no to independence in 2014. They did; there is no denying that. It appears that, according to the beleaguered and very absent Secretary of State for Scotland, it matters not how the people of Scotland voted in the past five elections or how they may vote in future elections, because he has decided that independence for Scotland can be put to the people of Scotland only once in a generation, regardless of any democratic choice they may choose to make—summarised as, “You’ll have had your democracy, then.” This is quite frankly absurd and silly talk, and insulting to the people of Scotland.

It is always a pleasure to debate issues of importance to Scotland, and it is a huge privilege for me to do so from the Dispatch Box. While I acknowledge the efforts of the hon. Member for North Ayrshire and Arran (Patricia Gibson) to secure the debate, the claim of right for Scotland did not come up much during the recent general election campaign that I fought in Moray. It was not the first issue out of people’s lips when they were seeking to elect their representatives to this place. They did not say that they wanted to have a debate on constitutional matters led yet again by the SNP.

Will the Minister give way?

I will allow the hon. Gentleman to intervene in a moment.

When I spoke to people in Moray on doorsteps, in hustings and at street stalls during the election campaign, they were interested in the fact that the Scottish economy is growing slower than the UK economy. They were interested in the fact that Scotland’s national health service has been underfunded and understaffed by the SNP Scottish Government—a Government who increased spending in the NHS in Scotland by 13.1% between 2012-13 and 2017-18, compared with increased spending of 17% in England by the UK Conservative Government. That shows the difference being made in Scotland when the SNP does not prioritise services that local people rely on. [Interruption.] The SNP has been clear just recently about how Parliament should respect all Members. Indeed, one of its MSPs said over the weekend that heckling and shouting was a form of discrimination. I hope that those on the SNP Benches consider those words when trying to shout down a Minister who is trying to respond to the debate.

I am grateful to the Minister for giving way during his excellent response. I wonder whether he is aware of a quite shocking tweet over the weekend from Paul Wheelhouse, the SNP Scottish Government Minister, in response to my tweet about a Burns supper, in which he questioned my Scottishness because I do not share his nationalist agenda. Does the Minister agree that that type of bullying and intimidation, which we see all too often from SNP Members, is not acceptable in this society? Does he also agree that it is perfectly possible to be a proud Scot and also a very proud Brit?

I absolutely agree with my hon. Friend. I have to say that SNP Members’ mask is slipping at the moment. They do not like it when their comments and tweets are thrown back at them, but it was rather disgraceful, discourteous and, I believe, unbefitting a Scottish Government SNP Minister to tweet that a Scottish MP—someone who is as proud a Scot and as proud a Brit as I am—is any less Scottish because he does not support their plans for separation and the SNP’s plans for independence.

I will give way to the hon. Member for Glasgow East (David Linden) because he tried to come in first.

I am grateful to the Minister for giving way, and he knows that he and I get on fairly well. I want to come back not on the back-fighting between the SNP and the Conservatives, but on his point about the claim of right for Scotland, which he said was not contentious during the course of the election in Moray, where of course his vote fell quite significantly. On the claim of right, he was not one of the Members in this House who opposed it—in fact, if I recall correctly, and I took part in the debate that night, no Member opposed that—so if it was not a contentious issue then, why is it a contentious issue for the Minister tonight?

I think if the hon. Gentleman reads the Official Report of this debate he will see that I did not say it was not contentious; I said it was not the pertinent issue. [Interruption.] Perhaps it was across Scotland, but certainly in Moray it was not the top issue that people were campaigning on and urging their politicians to raise if they were elected to this place. I think it is only right that we look at the key issues that people were discussing at the general election, and perhaps the hon. Gentleman would agree that, even in his own seat in Glasgow, the claim of right was not the issue that people were queueing up to discuss.