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Joint Committee on European Union Affairs debate -
Wednesday, 9 Mar 2022

Post-Brexit Relations: Engagement with Scottish Cabinet Secretary for the Constitution, External Affairs and Culture

Ar son an chomhchoiste fearaim fáilte roimh an Aire, Angus Robertson chuig an cruinniú inniu. On behalf of the committee, I welcome Mr. Angus Robertson and his team, Mr. Frank Strang, Mr. Ewan Crawford and Ms Katy McNeil, to today's meeting. The flight to Edinburgh is only an hour, so we are neighbours. In the few seconds we spent speaking prior to the meeting, we managed to cover everything from the beauty of Edinburgh to rugby and football, all things cultural and, of course, our close relationship. We are engaging today on the topic of post-Brexit relations.

We will begin with a note on privilege and some house-keeping matters. All witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech which might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in respect of an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside of the Houses or an official either by name or in such a way as to make him or her identifiable.

I remind members of the constitutional requirement that they must be physically present within the confines of the Leinster House complex in order to participate in public meetings. I will not permit a member to participate where he or she not adhering to this constitutional requirement. Therefore, any member who intends to participate from outside of the precincts will be asked to leave the meeting. In this regard, I will members partaking by MS teams that prior to making their contribution to the meeting to confirm they are in the grounds of the Leinster House campus.

In order to limit the risk of spreading of Covid-19, the service encourages all members, visitors and witnesses to continue to wear face masks when moving around the campus or when in close proximity to others, to be respectful to each other's physical space and to adhere to any other public health advice.

I thank all present for their indulgence and I now call on Mr. Angus Robertson to make his opening statement.

Mr. Angus Robertson

I thank the Chair and members for the opportunity to be appear before the committee. My colleagues, who are part of the Scottish Government delegation, and our colleagues, who are based in Dublin, are delighted to be here. This is my first visit to Ireland in my official capacity as Cabinet Secretary for the Constitution, External Affairs and Culture. While I am disappointed not be to be able to time my trip to watch the rugby, I am nonetheless delighted to be here and I look forward to many visits in the future.

Ireland is Scotland's closest European Union neighbour and we value the Scottish-Ireland relationship very highly.

Earlier this morning, I met with the Minister for Foreign Affairs, Deputy Coveney, to discuss the progress we have made together on the framework for our future co-operation and collaboration, namely, the Scotland-Ireland joint bilateral review. Of course, we were meeting at a time when devastating war has broken out in Europe because of the outrageous actions of Russia's President Putin. Scotland, like Ireland, is doing everything it can to support people in Ukraine at this dreadful time and these events are a reminder of the importance of the close collaboration between countries, which share common values of democracy, human rights and the rule of law.

It is clear from the meeting we held earlier and the variety of work taking place across the full spectrum of the Scotland-Ireland relationship, that said relationship is in extremely good health. Of course, it is great to have that formalised structure, but it is the vibrant people-to-people connections, familial ties and interwoven history that binds us so close together as people.

Turning now to Brexit, I will not need to remind anybody in this room, but it is worth stating just for the record that Scotland did not vote for Brexit. We do not want it. It is our intention to rejoin the EU as quickly as we are able to. We very much see ourselves as a proudly European nation and that our future is within the EU as an independent country. We were inside the EU for 47 years, share the EU’s values and believe we have much to contribute.

It is clear that the EU-UK Trade and Cooperation Agreement marks a significant step backwards from our trading position within the EU, and that view is shared by the Scottish people. We know through polling that 75% of people in Scotland have a negative opinion about whether the UK has benefited from Brexit and only 2% of people in Scotland believe that Boris Johnson delivered a good Brexit deal. In this respect, regardless of constitutional circumstances, the Scottish Government will always be a supporter of efforts aimed at greater co-operation between the UK and the EU, and that close co-operation is in all our interests.

Scottish independence is, of course, a matter for the people of Scotland. Following the election in May of last year there is now a substantial majority in the Scottish Parliament in favour of an independence referendum. The Scottish Government is working to ensure that a legitimate and constitutional referendum can be held within this parliamentary term, and, if the Covid crisis is over, within the first half of the term. However, again, regardless of the constitutional settlement, the Scottish Government will always be a voice for the warmest possible relationship and partnership between the peoples of Scotland, the rest of the UK and Ireland. It was very good to be able to discuss with the Minister for Foreign Affairs the links and areas where we are focusing our efforts, such as the on economy, health, culture and a number of other concrete areas that will matter to all of members' constituents, no matter which part of Ireland they represent.

On that note, I will finish my remarks. I look forward to our discussion and answering any questions that members have. I look forward to the ongoing positive relations that we have between Scotland and Ireland.

I thank Mr. Robertson. We appreciate his short introduction because, like him, members will get more value out of the engagement as well. I call Deputy Richmond. He will be followed by Deputy Ó Murchú.

Cuirim fáilte roimh an Aire. It is wonderful to have the Cabinet Secretary in person. It is wonderful to have anyone here in person, but particularly Mr. Robertson after the past couple of years. Those of us who were in the previous Oireachtas had a very good relationship with his predecessors across a multitude of roles, both Mr. Mike Russell and Ms Fiona Hyslop, who, I know, play a different but continuing role in Scottish politics.

I want to go straight into four key questions leading on from Mr. Robertson’s remarks. The first two are specifically kind of Brexit-related issues. From engagements we had with his predecessors, it was obvious that there was a clear disconnect between the Westminster Government and the devolved administrations. Much of this was happening at the time when the Northern Ireland Executive had collapsed and Stormont was not in position, but there was also an inability on the part of the Scottish and Welsh Governments to influence the decisions is one area but, more importantly, to influence the implementation of decisions and deal with the practicalities. Could Mr. Robertson give, if possible, a brief synopsis of where that relationship stands in terms of London working with Edinburgh, Cardiff and Belfast?

The second aspect, which is also in respect of Brexit, relates to the practical implications of the protocol for Scottish ports and what sort of effect it has had. We can go into the macro issues of trading impacts and relationships, but I am interested in terms of actual responsibilities, such as the levels of traffic and things like that. We have obviously seen a drastic increase in direct shipping from this island to the Continent. Traffic across the land bridge, through Holyhead, Fishguard and Pembroke, has fallen dramatically.

Moving away from Brexit for once but tied absolutely to it, I am very intrigued about Scottish Government policy and where it may differ from overall UK Government policy. Pressing and timely, and Mr. Robertson referred to this, is the reception of refugees fleeing Vladimir Putin’s war in Ukraine. What is the Scottish Government’s position on how it will receive refugees fleeing conflict? How it will work with partners across the UK and with the EU, particularly Ireland? Questions were raised off the record by British ministers in relation to the impact of the common travel area in this regard. Those questions were misplaced. Scotland, like Ireland, has a very strong reputation as being a welcoming country. Huge efforts were made after the Brexit referendum by the Scottish Government, I believe by Ben Macpherson, Jenny Gilruth and other ministers, to specifically state to EU citizens that they are welcome. However, I am particularly concerned with the Ukrainian refugees fleeing the conflict. In the main, these are women and children. How does the Scottish Government view its role in this regard? Is it different from that of the London Government?

My final question also relates to the crisis in Ukraine. There has been much discussion of the possibility of fast-tracking Ukrainian accession to the EU. We had a lengthy discussion in private session, and the matter is not that straightforward. I wish to kind of play the hypothetical card. I think Mr. Robertson is game for it, but he can say if he is not. He mentioned that Scotland’s future constitutional discussion is a matter for the Scottish people. We in Ireland wholly recognise that it is not our discussion to get involved in. However, to what extent has Mr. Robertson’s Department looked at the Copenhagen criteria? Is it a matter of fact that it is his political desire as opposed to his ministerial desire to achieve Scottish independence? Accession to the EU would play a big part in that.

Mr. Angus Robertson

I could probably talk for the rest of the session, which I will not do, in answering Deputy Richmond’s timely questions, as he covered quite a lot of ground there. I hope I do them justice. The Deputy can feel free to come back if I do not touch on some of the points.

First, on the intergovernmental relations side of things, notwithstanding the fact that we have a profoundly differently view on the future relations that we foresee in Great Britain, we are very keen to work, wherever we can, with the UK Government, but also with colleagues in Northern Ireland and Wales, on practical co-operation. To give an insight into that, I have been a member of the Scottish Government since last May. We do much of our traffic online, and I have been involved in numerous calls with UK Government ministers and with Northern Irish and Welsh colleagues to discuss the four-nations approach to any number of things. Where those have worked well has been the exception rather than the rule. I have one particularly good example, which I use repeatedly because I am a glass-half-full kind of person, to highlight where it has worked very well with the then Cabinet Minister Chloe Smith from the UK Government to try to get what are called the framework agreements, which are the post-Brexit arrangements for how we are trying to manage our post-Brexit realities in a better way. In some respects it helps because, as somebody who has spent a long time - 16 years - as a member of the UK Parliament, I know many of my UK Government interlocutors. As one can imagine, when one has a good working relationship with people, one can get things in a better a place if one is minded to do so.

Let me start with that as the good news. That was an example where we could meet and we were both committed to ensuring we could try to get things in a better place.

However, as a general rule, meetings that take place are perfunctory box-ticking operations initiated by UK Government Departments to say they have "consulted" Scotland, Wales and Northern Ireland rather than working with us on developing policy and listening to suggestions. Invitations often come at next to no notice. I was messaged one Friday to say the UK Attorney General wanted to meet with the Scottish and Welsh Governments and colleagues from Northern Ireland and we literally had no idea what it was about. Our officials had no idea what it was about. We arrived to be told what the UK Government intended to do in relation to dealing with legacy EU legislation. These are things that matter and they matter to us greatly because, jumping forward to one of Deputy Richmond's next questions, where there is a difference of policy we in Scotland are doing our best to remain aligned with the EU and EU legislation. Notwithstanding the fact we are outside the EU, we are ensuring legislation in Scotland remains as closely aligned as possible for very obvious reasons so when we rejoin - and this jumps forward again to another of the Deputy's questions - EU colleagues will know that not only do we have the 47 years behind us of fulfilling the acquis communitaire and the standards of membership of the EU but even during Brexit we were doing our level best to remain aligned.

In answer to the Deputy's question, intergovernmental relations on a technical and working level are, frankly, not good. I have officials who join me here who will no doubt be able to say on a technical level the civil service-to-civil service relations can be very good and very positive and we certainly want to operate in that way. However, sometimes when things get to a political level, there is not a willingness to operate in a respectful way. This has led to a change in the working architecture between the UK Government and devolved administrations. This is publicly available information if members are interested in seeing how all this is supposed to work. In theory, you would have to hope the machinery will work better than it has up to now but frankly, if the political willingness is not there to have a respectful approach to colleagues in Cardiff, Edinburgh and Belfast then it is not going to improve things. Something that will no doubt be of interest to all members of the committee is often you find yourself in meetings where you find the same point of view is being represented by SNP ministers, Welsh Labour Party ministers and ministers from Northern Ireland, who often appear in twos at meetings. I can be in meetings with colleagues from Sinn Féin and the Democratic Unionist Party and we are all in agreement. That shows how unfortunately often intergovernmental relations in the UK are suboptimal. It is a shame but we are committed to trying to make that work better.

Moving to the Deputy's second point, he asked about the practical implications of the protocol for ports. Obviously, there has been a change in the nature of Irish direct freight traffic in particular wanting to get straight into the European market from one part of the Single Market to another and not have to transit the UK that is not part of the Single Market, with all the challenges that brings. That is not our situation because we are now outside the EU. We have not had that kind of change in trade patterns, although I can easily see that happening after we rejoin the EU because the advantages of that are pretty clear. The advantages of that are, incidentally, also understood on the Continent. We recently had a visit by the premier of Flanders, who made the point publicly in Scotland that he thought Antwerp would be a tremendously good port for Scottish freight traffic to use more after we rejoin the EU. I am sure it will not be the only opportunity we have and we must look and understand how all that would work. On the negative aspect of things, we are facing the prospect of having border arrangements at Cairnryan for port traffic between Northern Ireland and Scotland. That is of course related to the protocol and what is emanating from the Brexit process. Notwithstanding the challenges we know are associated with all that at the present time, we are working to try to make things work as best they can because in some respects this is actually devolved. Agriculture, for example, is a devolved issue. Again, we will try our best to make things work as well as they can.

The third question was on Scottish Government's policy divergence from the rest of the UK on the specific issue of refugees. We take the same policy approach as the Irish Government and the rest of the EU, namely, that the worst refugee crisis in Europe since the end of the Second World War behoves us all to act in different ways. The fact that the Irish Government and its EU colleagues have waived any visa requirements that may have previously existed is, to our mind, exactly the right response to take. The UK's administrative approach, whereby it is effectively using immigration hurdles to deal with refugees in their hour of need, is wrong-headed in our view. We can look at the number of people who have been taken in. From memory, at the start of this week Ireland had already taken in 1,923 refugees, and I know it is now more than that, while the UK had taken in 50. It had issued visas to 50 people. I find it shaming and appalling. I have been very vocal on the issue because we need to do more. I speak as the son of a refugee. Think about this for a second - the United Kingdom was taking in refugees from Germany after the war in 1946 and 1947. It was a big-hearted response. The UK was absolutely right then and is wrong now. It would be good for people to remember the history of a better Britain in dealing with refugees. We have much to learn from Ireland because we will see greater refugee numbers through the suboptimal schemes the UK Government has introduced. We are very keen to learn about the experience here. I was interested to hear that among the early arrivals, the overwhelming majority are people who are being taken into the private accommodation of relatives and friends, so it is a quite a different refugee picture from that we have experienced in recent years in Scotland with people coming from Afghanistan or Syria, for example. We have much to learn. Incidentally, Ukrainian refugees are arriving in Scotland from Northern Ireland, which is a good thing because we have a part to play in helping our fellow Europeans in need. We take much the same attitude in terms of our values towards refugees as you do and we want to do as much as we can. We will try to persuade the UK Government to reform their approach to the arrival of Ukrainians.

On the specific question of the fast-tracking of Ukrainian EU membership, I completely understand the benefit of sending a signal that there is a European future for Ukraine and incidentally also for Moldova and Georgia, which have similarly asked that consideration be given to their accession. Having spent ten years on the European committee of the UK Parliament, it is an area I know a bit about and in a previous life as a journalist I covered the accession processes of the mid-1990s. We all know that joining the EU brings with it all kinds of requirements.

We must do anything we can to help the Ukrainians after they emerge from this horrific war and after, hopefully, they win by resisting the Russian invasion. They will need a lot of help in terms of economic preparation, rule of law and the institutional standards that are required by EU member states. I totally understand and applaud the signal that is being sent to the people in Ukraine that they have a European perspective. I agree with that. I wish us to be as helpful as we can in helping people in Ukraine, Moldova and Georgia do everything they need to in order to ready themselves for EU membership in a post-war environment. There is potential for unforeseen consequences no one would wish to see, such as negative impacts on the economy and so on. I agree with the point about the perspective. We should help Ukraine join the EU in the speediest possible timeframe.

I thank Mr. Robertson for those comprehensive responses. I presume Deputy Ó Murchú had intended to ask the same questions. Will we move on to the next speaker?

In fairness, I said to Deputy Howlin that all the questions have been asked, which was utterly disrespectful of Deputy Richmond. The answers were comprehensive, which is why the Deputy did not need to come back in and ask about any point that was missed.

Some of the madness we are dealing with as regards the British Government's position around Ukrainian refugees is the result of the ridiculous positions that were taken around Brexit and the whole issue of refugees. That probably makes it difficult for them as they consider where to go. Has Mr. Robertson had any major interaction with the British Government about the notion that has come out of the Home Office about security and that Ireland is a security risk because of the common travel area? The British have suggested they do not know who is coming in and out although I see that as an excuse.

The word Mr. Robertson used most often in connection with the British Government was "suboptimal". I imagine Mr. Robertson will tell the committee that consultation is tick-box consultation at best. There has been some anecdotal evidence but perhaps Mr. Robertson would like to give some details about the negative impacts that Scotland is already suffering as a result of Brexit, which was a subject he touched on. Mr. Robertson was not clear earlier. Perhaps he would like to reiterate his position on Scotland's long-term positioning. It is a question for Scottish representatives and not Irish representatives but Scotland has a particular project in place. Does it have a strategy and a timeline? If Mr. Robertson would go into whatever detail he can in that regard, I would appreciate it. As much as it is an issue for the Scottish, I would not shed any tears for any damage done to the union. That is unlikely to come as a shock to anyone. Perhaps Mr. Robertson would also share some minor details of the framework discussions he had with the Minister for Foreign Affairs, Deputy Coveney.

I thank the Deputy. I think I detected three questions, perhaps four, in his contribution. The Deputy asked about interactions with the Westminster Government, the timeline for EU membership and the framework discussions. There might be something else as well.

Perhaps we could start with the security question, in particular.

Mr. Angus Robertson

I thank the Deputy for all the questions. I should say first that I have a long-standing interest in this area. I served for a number of years on the intelligence and security committee, which involves Members of both Houses of the British Parliament and which oversees the UK intelligence services. I have a very close interest in the area and a reasonably deep understanding of the work that these agencies do in the UK and internationally to keep us safe. It is largely women and children who are coming from Ukraine and I do not think they pose any security threat whatsoever. That is my first observation. My second relates to bad people who want to do harm in the UK. We have experience of such people coming from Russia, as was the case in Salisbury and in the attempted and, sadly, successful poisoning of others. That shows that the Russians do not need a refugee crisis to get into the UK. I make those two points. Speaking frankly, I view the arguments of the British Government as excuses to manage and limit the arrival of refugees. Do I think it is a sensible thing that our security and police services do everything that is proportionate and sensible to make sure that we are aware of who is arriving? I absolutely do. However, if that is required, it should be done once people have arrived. We should attain standard information about who is arriving in the country but we need to do it the other way around. To answer the Deputy's question in short form, I do not see that there are major security implications or different security implications from those that previously existed. Incidentally, if that were a particular issue for the United Kingdom, it must surely also be a particular challenge for European Union countries. The exceptionalism we often hear about from Ministers in London is beyond me. I have every faith that Ireland's policing service and the policing and border services in other European Union states will be doing what they need to do to ensure that states know who is arriving into their countries. That is right and proper but in the UK's case, it is being used as an excuse to use an administrative system to limit the arrival of refugees. That is my answer to the Deputy's first question.

The Deputy also asked about our longer term positioning. It is not very long term. We were elected last year with a majority in the Scottish Parliament. We believe the people should be able to decide our constitutional future. The Scottish Government has been elected with that mandate and it is our intention to deliver on it and ensure that the people can decide on our constitutional future in a democratic referendum. The UK still views itself as a voluntary union and because of that, we have an inherent right to decide the arrangements we wish to see. We want to see improved relations on our islands and we believe that becoming a sovereign state, working together with friends and neighbours in the rest of the current United Kingdom, who will be our closest political and economic partners, and our friends in Ireland and Northern Ireland, is important in that regard. It is important to understand Scottish independence in that context. We believe we will have a better future by becoming an independent state. It behoves us to think about what we can do to ensure we have the appropriate architecture on these islands to allow us work together better. Of course, we have the British-Irish Council, which brings together the Governments of the United Kingdom and Ireland while also including colleagues from Northern Ireland, Wales and Scotland. That is a good start and there is much more we can do to develop that as an architecture to bring us together.

The Deputy also asked about the timeline. We were elected last year. We said that we wished to have a referendum after we emerged from the pandemic and, thankfully, we are all now emerging from the pandemic. We are in the process of making the necessary preparations within the Government to be able to hold a referendum, which would take place towards the end of 2023.

Could Mr. Robertson explain the triggering mechanism in that regard? I have a difficulty in that I think the comparative mechanism for a referendum in the North is insufficiently clear. That is a separate issue but perhaps Mr. Robertson could explain how the mechanism works in Scotland. The Scots have done a significant amount of planning. There has been a failure across this island to do that sort of planning. Perhaps Mr. Robertson could detail the planning that has been done in Scotland. I apologise for not dealing with those matters earlier.

I will generously allow the Deputy a supplementary question but there are other members waiting patiently to come in. We are against the clock.

Mr. Angus Robertson

Shorter answers from the committee's guest would probably help.

The good news, from our point of view, is that we have already had a referendum about Scotland's constitutional future and that has established a number of precedents. It has provided a precedent of a United Kingdom Government that respects democratic election results in Scotland and works with the Government of Scotland to hold a recognised constitutionally-approved process and that is exactly what we intend to do this time around. We have been elected as a government, we have a mandate to hold a referendum and we intend to hold a referendum as we did previously. If there are to be any changes, that would be from the UK Government that would disrespect a democratic election result and that would recast the United Kingdom as the kind of state that it would then be - one that would deny democratic election results and overturn a precedent that was set by a previous and incidentally Conservative Government. We are proceeding on the basis that we have a precedent and a mandate. On the basis of those two facts, it should not be an insurmountable problem to recognise and operate as a democracy.

It is not my area of expertise to understand the various mechanisms of these islands and there is not a direct read-across. There are very different provisions that have been agreed in relation to the Good Friday Agreement, etc. Our position is different in that we have had a vote. Subsequently, we have had Brexit. We did not vote for that. There is public demand now, given that context, that we should be able to revisit the issue because there has been a profound change of circumstances for us relative to 2014.

I welcome our guests. We have a big bank holiday weekend coming up here which coincides with the rugby match. I hope Scotland will not ruin the bank holiday atmosphere by winning the game.

What is Mr. Robertson's view of the protocol? As he looks from Scotland over to Belfast, does he see the advantages of the protocol as it is currently constructed from a trade point of view of a country that may be in competition with Northern Ireland for trade and investment? Is it his view that Northern Ireland has a considerable advantage over Scotland arising from the protocol as currently constituted?

Mr. Robertson spoke to Deputy Ó Murchú about a timeline of 2023 for a potential referendum on independence. I smiled at his description of the union as a voluntary one. That would be an unusual phrase to us here. That aside, if the referendum goes the way Mr. Robertson wishes, what is his timeline for Scotland's application for accession to the European Union? At what stage would an independent Scotland become a membership candidate for the EU?

Mr. Angus Robertson

Clearly, we look to Northern Ireland and its remaining in the European Single Market as having a competitive advantage to Great Britain. When it was not certain after the initial Brexit referendum result what form of Brexit the UK Government was pursuing, we were making the case for that ourselves. We had voted to remain and if it was possible for one part of the United Kingdom to remain within the Single Market, why would it not be possible for another part of the United Kingdom to remain within the Single Market? Unfortunately, that train left and we are left where we are. We very much look to the advantages that Northern Ireland has being in the Single Market and us not being in the Single Market.

On timelines, I am sorry to disappoint the Deputy who asked the question on this. If I can make a process point about the stage at which we are at, we have begun the work of preparing, in every manner of means, for both the referendum and also the case that will be made as part of that referendum process. This is to ensure the public is properly informed about the choice they will be able to make, part of which will relate to the European Union and accession to the European Union. We are in a different circumstance from 2014 where we were talking about becoming an independent member state of the European Union while being in the European Union. We now find ourselves outside, which is a significantly different position to be in.

Having said that, we would be in the unique position of having been in Europe for 47 years. We would be a known quantity. We have, for 47 years, maintained the acquis communautaire in Scotland and, as I have already told the committee, we are working to remain aligned with European legislation. There are differences from 2014 but as part of the process in the run-up to the referendum date in 2013, we will be publishing a range of documents as part of the prospectus that will inform people's choice. That will include much of the information the Deputy is asking me to give him a sneak preview of. I would be in big trouble with colleagues in the Scottish Parliament committee that I regularly appear before if I were to divulge such interesting information.

Ah, go on. Mr. Robertson is a former journalist.

Mr. Angus Robertson

Ah, go on. I will be interested to read the record of this meeting to see how that is written by the clerks. I would be happy to answer the Deputy's question when we have got to that stage.

Can Mr. Robertson confirm whether the Scottish Government is discussing Scotland's unique position with the Commission? When it publishes that information, will a timescale be given or will that depend on the result?

Mr. Angus Robertson

I will rest on my first answer that we are doing every imaginable preparation for this process. It really matters that our friends and fellow Europeans and neighbours, both in the European Union but also in the rest of the United Kingdom, understand exactly the route map that we wish to pursue. We want people to know that we are pursuing a constitutionally-recognised, legitimate process. That is important for friends across the European Union to understand and that is exactly what we intend to do. Details will follow. I look forward to briefing the committee on those, if and when time allows.

Cuirim fáilte is fiche roimh na teachtairí ó Rialtas na hAlban dúinne. I welcome Mr. Robertson. I am delighted to have the opportunity to interact with him.

I want to make one point on Ukraine before I ask two other questions. My question on Ukraine may not be for Mr. Robertson because it is obviously a British Home Office matter. There is concern here that a number of refugees - people fleeing from terror in Ukraine who want to come to the United Kingdom because they have family members in the United Kingdom - cannot get access right now. Some are coming to Ireland. I had contact in my office in Wexford this week with a mother and daughter who decided to come to Ireland and apply to access the UK from here. I am wondering if there is any help Mr. Robertson can give to ensure that if there are people with direct family connections in the United Kingdom who, for practical reasons, are fleeing terror, want to escape and find it more convenient to come to Ireland, they would have their visas processed quickly here.

On the trade distortions post Brexit, I chair the economics committee of the British-Irish Parliamentary Assembly and we are doing a report on the trade changes post Brexit on these islands. We are taking evidence on the island of Ireland and we intend to go to the UK side to take evidence there as well before preparing our report. I represent the constituency of Wexford where the port of Rosslare has seen an increase of more than 300% in direct continental traffic since Brexit. More and more freight operators are not using the land bridge but travelling directly to the Continent. That practice will increase with a new service regularly being added to an already burgeoning set of services.

This question may fall under the category of questions Mr. Robertson cannot answer. We are trying to get a handle on the operation of the protocol in Northern Ireland and its implications for trade there. Would that be the model the Scottish Government would seek to achieve, that is, continued membership of both markets post independence?

My third question relates to energy co-operation, which has probably accelerated in the last week, never mind in the last couple of months. There is an enormous focus on decarbonisation, which has accelerated. Frans Timmermans's declaration yesterday has underscored that for the European Union. Offshore wind will be a huge resource for these islands with regard to decarbonisation. Has the Scottish Government any practical engagement with the Irish Government to co-operate on the development and servicing of offshore wind?

Mr. Angus Robertson

There is lots of ground that I could cover. Those are excellent questions and I will try to do them all justice. On co-operation between the Scottish Government and the UK Government on new schemes for Ukrainian refugees, we are in active contact to try to ensure we have the best possible system in place under the parameters of this suboptimal approach taken by the UK Home Office. Visa processing in Ireland will form part of the picture. As I mentioned to the committee already, we are seeing people arrive in Scotland from Northern Ireland. I do not have information in front of me about whether these people had flown directly to Belfast, but I suspect they had flown to Dublin. We need to understand all of that much better. We need to do anything we can to make the suboptimal system work better and to help people in their hour of need. If there is co-operation that we can pursue with Irish colleagues and through the UK diplomatic network, with the visa application process, that is definitely something to look at to make sure things are working as well as they possibly can.

On the Northern Ireland protocol, we are all invested in trying to find workable solutions to the challenge. We did not wish and I do not think members wished to see the UK leave the European Union. It is problematic for the UK to have entered into international agreements which it then seeks to change unilaterally. We have been a strong voice in a UK context in trying to impress on UK Government colleagues how important it is that the UK upholds international law and agreements that have been reached in good faith. We will try to be a voice of reason in that. There is not a direct read-across from Northern Ireland's situation to Scotland, for reasons that we do not have long enough to go into at this session. They should be obvious to everybody. I leave the committee with the assurance that we will do everything we can to make sure we have solutions to the problems that have emerged in Northern Ireland and are continuing to emerge, with a ripple effect on good governance. We want to be as helpful as we can.

Regarding energy co-operation, Scotland is fortunate in that it has won the natural resource lottery twice. Not many countries can say that. We were the single biggest oil producer in the European Union, not that Scotland saw the great tax benefits that her majesty's treasury has enjoyed for decades. Notwithstanding that and the fact that we need to pivot away from our dependence on hydrocarbons, we have the good fortune that we have amazing renewable energy potential, which is our second lottery win. I think we have 25% of Europe's wind energy capacity. That does not get into other sources of renewable energy, which we also have, including water, waves or tides. Ireland is not short of those either. The Deputy is right to underline the potential for co-operation between Scotland and Ireland. I know colleagues in government who are responsible for these areas are interested in making sure we pursue all of those things.

Notwithstanding the fact that Covid has been a big challenge for everybody, in my bilateral meeting with the Minister for Foreign Affairs, Deputy Coveney, earlier today, we reflected on the successful delivery across the range of areas that we want to work together on. Technology, economy and energy form part of that. There is undoubtedly more that we can do. Let us have the ambition to do that. I would welcome us doing more together in the future.

I welcome our distinguished guests. In the fullness of time, history will judge the fall-out from and assess Brexit. While we did not wish for Brexit, would it be widely accepted that an unintended consequence of Brexit is to strengthen the case for Scottish independence, as I believe it does for reunification of this island? Maybe we should not waste an opportunity to move forward that agenda for somebody who advocates Scottish independence.

The best of both worlds includes access to the Single Market and the internal market. I believe that is a way forward, through the teething process. Would it be true to say that Scotland would be envious of the best of both worlds and the protocol and that it would like something similar? Is the only reason Northern Ireland secured that not that it was a recognition of a vote in what unionists might regard as a region of a country, but rather that it was underpinned by the Good Friday Agreement, which Scotland cannot rely on? Are the witnesses still actively seeking it as an interim protocol arrangement? I am interested in preparations for EU membership for post-independence Scotland. Are the witnesses doing anything to comply voluntarily with EU regulations so that they are ahead of the field on flora, fauna and habitats directives? That would be smart.

I would like to see them win the referendum this time, as I would like to see it won in Ireland. Despite passionately wanting to see that, I am realistic about it. Have the witnesses more than token representation in London this time? I am not saying that Scotland should receive dominion status. This applies equally for our brothers and sisters in Northern Ireland. Should we not have a beefed-up infrastructure from east to west, with a gathering of our friends in all these countries? That might win over, and allay the fears of, people of a unionist bent in Scotland or Northern Ireland.

Being a realist, I know the procedure required for a referendum on this island. Can the Prime Minister not stymie the witnesses in proceeding with that referendum? If they go ahead without the Prime Minister's imprimatur, will it be regarded as an invalid referendum? He does not seem to wish to have it any time soon, although reference has been made today to 2023. I wish the witnesses well in that regard. How do they overcome the current Prime Minister's lack of enthusiasm, to put it mildly, about holding a referendum for Scotland? It is fantastic that the witnesses are here and we look forward to closer relations with our Celtic cousins.

Mr. Angus Robertson

That is great and I thank the Senator very much. There are so many questions that we would need to extend the committee meeting but we are always happy to come back.

There is an informal get-together afterwards and we will have a further opportunity to converse.

Mr. Angus Robertson

Indeed. I will try to cover some of the ground of the Senator's questions. A point was made about complying with European regulations and that is the alignment point I made earlier. We are remaining aligned and using a number of different ways to do it so that when it comes to a point where we have conversations at the appropriate stage with the Commission about our membership, we will be able to show that we have effectively remained aligned with the European Union, its regulations and so on.

There is the question of where Scotland now finds itself as an unintended consequence of Brexit. We certainly did not wish to leave the European Union along with the rest of the United Kingdom but it is being forced on us. We do what we must to ensure we can be in the best possible position. There was a question about our representation in the rest of the UK. We are very fortunate to have an excellent Scottish Government representational office in London with very esteemed leadership. Some of the members may know Mr. John Webster, who was the head of Scotland House in Dublin, and he has now moved on to head our representative office in London. He has been replaced here by my colleague, Ms Katy McNeil, whom members will see more of attending various meetings in this place and in public life in Dublin and Ireland more generally. We try to have the best possible relations, both in London and Dublin.

There was a question on thinking about administrative architecture that brings together all of us in what I still call the home nations. I say that as a rugby fan but why would I not say it with everything else? I feel very at home here, as I do elsewhere on these islands. It behoves us to think about how we can give people assurance and reassurance that regardless of our views on constitutional arrangements, there is a place for all of us and all our traditions in an improved constitutional situation in Scotland and elsewhere on these islands.

I have already mentioned the British-Irish Council, the secretariat of which is based in Edinburgh. We look with great interest at what our colleagues in Scandinavia do to bring those nations together to work co-operatively but we will have to find our own way. I am very much in favour of that and it is over to committee to get its ideas. I am very interested in hearing about all that.

The Senator also commented on the British Prime Minister wishing to stymie things. Scottish political history is full of UK political leaders saying "no, no, no, no, no, yes". We do not have enough time to go into all of this but at some point the penny will drop for decision makers in Westminster that if one is going to block democracy and a democratic decision to be able to decide on our constitutional future, it would not be a decision without consequence. It would profoundly change the nature of the United Kingdom and the view internationally of the United Kingdom as a democratic state, or how it might not be acting as a democratic state.

I am keen to ensure our experience in the run-up to the 2014 referendum is the one we seek to emulate. It was workable, deliverable and respected. If it was good enough then, it is good enough now. It is exactly what we intend to do.

I thank Mr. Robertson for his insight and wisdom. I congratulate him on last year's elections, which I watched with interest night and day. I am happy to see the Green Party in a partnership in that government. It is great to see.

My questions have been covered. I have much writing here and I know the issues have been covered the whole way through. I go back to what Senator Martin asked. Mr. Robertson mentioned the 2014 mechanisms and will these be used by the Scottish Government or the Scottish Parliament to move forward on a referendum? Does the parliament put these in place and the referendum would happen or does Westminster need to be told? Is it just notified? Could Westminster say the referendum cannot happen? What are the mechanisms in this respect and could a referendum just be done?

Mr. Angus Robertson

The partnership agreement is noteworthy and we are delighted to have a partnership agreement with the Scottish Green Party. As the Deputy knows, it is a pro-independence party. We have an excellent working relationship and we now have two Green Party ministerial colleagues. This is working very well in terms of the general work of the government by bringing their insights and priorities into government so they can be delivered. We are delighted that is working so well.

It is also very advantageous for the preparations we are making for the referendum. Their perspectives are not all the same. We have different policies on a number of different issues, which underlines an important point. Independence is not just there for one party or one vision of an independent state. Becoming an independent state means it can change to become the image of different political parties and priorities, which is a thoroughly good thing. It is what is done here. Our partnership working with the Green Party is new for us and for it. It is working very well. It is good to be able to put that on record.

The mechanisms from 2014 are the mechanisms to be used. We have a precedent and it is exactly what we intend to follow. I have gone through it already so I will not go through it again. We have a precedent and it worked then. This does not need to be complicated. It is very important for us that we have an agreed, recognised and constitutional process. It is important for us in the UK and it is important for the European Union and EU member states. The level of interest across the European Union for where Scotland finds itself in our ambitions to rejoin the European Union is extremely high. Across the political spectrum we are seeing incredible empathy for the situation in which we find ourselves, having been taken out of the European Union against our will.

I look forward to us working as good neighbours and friends and as member states of the European Union, helping and supporting one another, especially in times of need, like those seen currently in Ukraine. Perhaps we can act as a beacon to our friends in England in showing why working together in Europe is thoroughly good. Who knows? Perhaps in time we will be able to inspire them to rethink their relationship with the European Union.

I will finish on one fact, which it may be helpful for friends in Westminster to remember. If Ireland and Scotland's economies are counted together, we are England's biggest trading partner. We look forward to working with our friends from the rest of these islands. It is in our interest and their interest. We will find the appropriate constitutional way of doing this for the 21st century rather than the 20th century.

I thank Mr. Robertson and his team for a very good engagement.

I know the topic was Brexit but we could not-----

I will be incredibly concise, as difficult as it is.

The Deputy may ask a very specific question and cut the preamble.

I will cut my preamble on what was said around the Irish protocol and everything. It is a specific piece of planning and the SNP had done a considerable amount of it in the considerable run-up to the previous referendum. What is happening at a state level in order that when a referendum is called, the answers are there, verified and double-checked? One is into a political play which is not always fair and it is worth having that detail. That is something we need to do here but I am interested in what the Scottish Government is doing.

That is a shortened preamble.

Mr. Angus Robertson

It is a shortened preamble. I suspect this is some of the ground I covered when the Deputy was out of the room which relates to the prospectus we are preparing in order that people are informed in the run-up to their democratic choice. We had a White Paper in the run-up to 2014 that covered all of that ground. Our prospectus will be published in the run-up to the 2023 referendum and will cover all of the ground Deputy Ó Murchú had imagined it would. If it would be in the interest of the committee for me to come back for further dialogue, once all of that has been published, I would be absolutely delighted to do so.

Who puts the work together?

Mr. Angus Robertson

We are working in government to prepare the prospectus, as we did in the run-up to the 2014 referendum. We are fortunate to have excellent civil servants in the Scottish Government. I do not just say that because I am sitting next to civil service colleagues. We have some excellent people who are taking forward this work. Across government, we are thinking about all of the things we need to do in preparation for the referendum, the negotiations and the transition.

I had one concern from the presentation Mr. Robertson made. I greatly appreciate the Scottish Government is now following the acquis communautaire in terms of developing any new directives. It strikes me there is a democratic deficit there. Is there structured engagement to inform the shaping of those?

Mr. Angus Robertson

The shaping of what?

If the EU is legislating-----

Mr. Angus Robertson

I see.

-----and the Scottish Government is simply accepting-----

Mr. Angus Robertson

Welcome to Brexit.

The Scottish Government's friends would like to have a better input for it.

Mr. Angus Robertson

That is kind and I thank the Deputy. I am always delighted to have the input of friends through these processes. Scotland House in Brussels engages with the European institutions across the legislative piece in Brussels. If issues pop up that European institutions are thinking about and there are areas on which we have views, we have permanent dialogue with those institutions and the member states. However, there is no getting away from the fact we are no longer a member state. We are in the same position as EFTA countries that are rule takers and are not part of the process. That horse has bolted. What can we do? What we can do is at the margins.

Nevertheless, in terms of the values and the content and direction of European decision making, we see ourselves very much in the European mainstream and aligned with the decision making which the Irish Government and MEPs are part of the process of shaping. That is another reason we seek to retain alignment. We most certainly do not share the ideological fixation one sees in the Westminster government of wanting to be different and to diverge from anything and everything that is decided by the European Union. I will leave that to Jacob Rees-Mogg and Brexiteer UK ministers.

We are doing our best to have a collegial relationship with European Union member states and institutions. We continue to do so and we are doing everything we can to remain aligned. However, there is no getting round the fact that the best way to be able to influence decision making at a European level is to be in the European Union, have Commissioners and Members of the European Parliament and be part of the Council discussions that shape all of these processes. That is exactly what we intend to do.

I was intrigued by the statistic Mr. Robertson had that 2% of Scottish people agree with Boris Johnson that the UK got a good deal from Brexit.

Mr. Angus Robertson

I am quite surprised it is so high.

The topic today was Brexit but the debate among the members was laced with the Ukrainian situation. It is just with us. It is very difficult for people from Ukraine. I met with the Ukrainian Ambassador last night. She is so tired. She is meeting and talking with people and creating awareness. The committee had a private meeting this morning. We are grappling with this issue. What can we do? How can we help? We will reach out to the Ukrainian Ambassador and ask her to come before the committee next week.

Mr. Angus Robertson

Can I share one thought-----

Mr. Angus Robertson

-----that has emerged from some discussions we have had with the Ukrainian community in Scotland? We have a long-standing community in Scotland. How do we ensure our towns, cities and regions feel a direct connection with Ukraine? We have the fortune in the city that I represent, our capital Edinburgh, to be twinned with Kyiv. What is it that we can do more through our formal twinning processes?

I do not know if this is the Irish experience, but in Scotland, twinning is not what it was when it was set up after the Second World War with French and German twin towns, in particular. Part of the conversations I was having with the Convention of Scottish Local Authorities was about thinking about partnership arrangements. That would mean that local towns in Scotland, and perhaps in Ireland, might think of having a direct connection with another town, city or region. When that town, city or region emerges from the horror through which they are going at present and, God willing, victorious to boot, we can play a direct role with communities, towns and cities and have a tangible connection with them.

Maybe that can be thought about here as well. In the helplessness we all feel, we want to give and be as supportive as we can, but we have to be aware that this will be a long-running challenge. Having a more structured relationship with Ukraine and all of its parts, especially those that have been ravaged by war, would be worthy of all of our consideration.

That sounds like a very good idea. We will have upwards of 100,000 Ukrainians in our country over the period of time ahead. Many people have opened their doors already and are willing to take them in. The majority of the people who will come here want to go home again. Most refugees want to go home. Many individuals struggle with this at an individual level in terms of what they can do to help.

Not to bring football into it but the World Cup is as symbolic a competition as one could get in the sporting world. Three more countries from Europe will compete to qualify for the remaining places, including Mr. Robertson's country. The Scottish FA has been very generous in facilitating and trying to postpone the match. I will not ask Mr. Robertson for his opinion because I do not want him to get into bother with his Scottish authority.

I am not talking on behalf of anybody other than myself. My opinion is that FIFA should look at symbolically facilitating Ukraine in order that it does not have to go through the process of a semi-final and a final and even at postponing the match until June. As Mr. Robertson said, this will be long term. Half of the FC Dynamo Kyiv footballers are fighting today in the trenches.

Footballers are fighting in the trenches. People have died since this meeting started. There could be a symbolic gesture like that, without being a detriment to Scotland, Wales or any other country that is trying to qualify. Maybe FIFA should in some way facilitate Ukraine to play in Qatar without having to go through a semi-final and a final. It has paid a lot and more than earned its place at this stage. I know a former First Minister, Henry McLeish, spoke on this issue. He was referred to by The Scotsman on Monday. That is a personal opinion.

Guím gach rath ar na finnéithe amach anseo. Tá fáilte roimh Angus Robertson aon am. Tá an doras oscailte. Ar son an choiste, gabhaim buíochas leo faoi choinne an taispeántais inniu. Beidh seans againn anois labhairt faoi chúrsaí go neamhfhoirmiúil.. We will have a chance for an informal session and hopefully we will continue the conversation.

The joint committee adjourned at 12.31 p.m. until 9.30 a.m. on Wednesday, 23 March 2022.
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