09/10/2016 Sunday Politics Scotland


09/10/2016

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Theresa May was cheered by the Tory faithful

:00:37.:00:41.

as she charted her vision for Brexit.

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We'll be talking about the plan - or what we know of it -

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with Lib Dem leader Tim Farron and former Tory Cabinet

:00:49.:00:50.

The olive branch might have withered but Jeremy Corbyn has

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stamped his authority on the Labour Party

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with a Shadow Cabinet reshuffle that's rewarded allies

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And one Ukip MEP is still in hospital following an altercation

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Just what exactly happened in a week which has seen

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Could the Scottish Parliament stop a hard Brexit?

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we'll be speaking to the Crofting Commission boss

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And we'll be talking about the tape that's derailing Donald Trump's bid

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We've also reshuffled our own top team here in the studio,

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and we've ended up with three journalists who show all the unity

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the humour of a Conservative Party conference speech,

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and the anger management of a meeting of Ukip MEPS.

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that means they'll probably be fighting in a few minutes.

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Yes, it's Helen Lewis, Tim Shipman and Isabel Oakeshott.

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So, where else would we start but with Brexit?

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And the Defence Secretary Michael Fallon has been talking

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He coined a new term - full Brexit - and he was asked

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if Britain was going to be leaving the EU's single market.

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This is Brexit. This is full Brexit if you like. We are going to be

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outside the European Union but we still, because it is over 40% of our

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trade, we still want to maximise our trade with it. A final question in

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the papers today. You see soft Brexiteers briefing against hard

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Brexiteers and vice versa. This is terribly damaging for the Cabinet

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presumably. We are all Brexiteers now. We have to make a success of

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it. So, a lot of briefing against Mr Hammond after his speech to the Tory

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conference. Then Mr Hammond's people briefing

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against people like Liam Fox David Davis, Boris Johnson. Today, one

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phrase was they were talking nonsense and garbage. When did we

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get the first Brexit resignation? A good question. We have full Brexit,

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open and close Brexit, hard and soft Brexit. The Prime Minister does not

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want to provide a running commentary so ministers are trying to tell us

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nothing but in interesting ways. I do not think anyone will resign but

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what is interesting as you get a situation where everyone is a

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Brexiteer now but there were very different views about how this is

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going to go forward. The Prime Minister herself, she did two things

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last week. She gave a speech for a domestic audience and a foreign

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audience. She is trying to embody the hopes and dreams of a group of

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people who feel they have been left out, the people who have been left

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behind on the domestic front and also voted for Brexit. By embodying

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those people fighting for their causes she is having to take a hard

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line on immigration. There may be no one about to resign now but we are

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only 100 days into this many government and the briefing on both

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sides of the so-called hard Brexit versus the so-called soft Brexit was

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the Treasury. It seems to embody the soft Brexit approach. The briefing

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is fierce. It is going to lead to trouble, to blood. This is a

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peak-time will stop we have just come away from the Tory Party

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conference where every journalist worth their salt is working the

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party circuit, going to dinners. It is an easy agenda to get every

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cabinet minister you lunch or dine with to give you their version of

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what Brexit said -- should mean. There is a melting pot here which is

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bubbling away. Things may become more disciplined in the week ahead.

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I do not think it is sustainable for Theresa May to say she will not give

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a running commentary. It is a red rag to every journalist and all her

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own Cabinet. You cannot keep that going for the next few months. She

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will have to give a clearer guide as to whether it is hard, soft, in or

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out, whatever it is. Theresa May is going to have to deploy the smack or

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firm government. She has been smacking away already. All three

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Brexit is happening to be airing personal opinions. The fact they are

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ministers in charge of this is totally irrelevant. There is

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political and economic things at work. What no one will say is that

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you can have hard Brexit but it will probably almost certainly have

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economic consequences. How do you go as a politician of the country and

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say we hear you want to control Iraq -- immigration but that means the

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country will be poorer? People will always be straddling it in a really

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uncomfortable way. OK. We'll be talking more about this as the

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programme goes on, you will not be surprised to hear.

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This week, Theresa May closed her party's conference

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with a speech designed to grab the centre ground

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She positioned the Conservatives as champion of the working classes

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and pledged to help those left behind by globalisation.

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We'll wait to see what any of that that means in practice.

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But it was what she had to say about Britain's exit

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from the EU that had the biggest immediate impact,

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not least on the value of the pound, as the world began to get a clearer

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We now know when the process of leaving the EU will begin.

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Theresa May has set a deadline of the end of next March

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for triggering Article 50, which formally begins the Brexit

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That allows only two years to do a deal, so we should be out

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of the EU by the end of March 2019 by the latest.

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The Government will also introduce a so-called Great Repeal

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Bill next year, which will end our membership of the EU.

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Theresa May talked of Britain being a fully

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The Prime Minister also said she will prioritise

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controlling immigration by ending the free movement

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Because being subject to the European Court of Justice

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and free movement are key requirements of membership

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of the EU single market, this strongly suggests the Prime

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Minister does not see Britain remaining a member.

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But there were some mixed messages about life after Brexit.

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The ability of EU citizens to stay in the UK remains a grey area.

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Brexit secretary David Davis said they would be 100% able to stay

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while Theresa May struck a more cautious tone.

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And Home Secretary Amber Rudd's plan to shame firms that

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take on foreign, rather than British, staff, faced a backlash

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from business and political opponents.

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There was also a range of mood music about life as we head for the door.

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Chancellor Philip Hammond was at one end, warning the country

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to brace for a roller-coaster ride ahead.

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But Foreign Secretary Boris Johnson attacked what he called

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gloomadon poppers and said Britain would be more active on the world

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Well, I'm joined now by the Liberal Democrat Leader Tim Farron.

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And the former Conservative Cabinet minister, Iain Duncan Smith.

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Let me come straight to the point, first of all with you, Iain Duncan

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Smith. Is it now clear that whatever relationship we will have with the

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single market, we will not be a member of the single market when

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Brexit is complete? I think when you add all these things together, it

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becomes, I believe, is pretty clear that what the Prime Minister said,

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what has been said by a number of Cabinet ministers, if the centre of

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our negotiations is that we intend to control our borders and the flow

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of migrants from the European Union, which has caused, in some cases, a

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great deal of damage to workers and their incomes at the bottom level,

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the skilled level, that means there is no way that the European Union

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will be able to allow us to be a member of the single market. That is

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not the same as access. Tim Farron, do you accept that is the way we are

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going? Whatever access arrangements we have, and we will have some

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arrangements. Even North Korea has access to the single market. But we

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won't be a member. That looks to be the way the Government is taking us.

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It is a massive mistake. I think Ian is wrong to say there has been a

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massive decision in favour of us leaving the single market and if

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that is what he is implying. It is given that a small majority voted to

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leave the EU but no one voted to leave the common or single market.

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It seems to me to be flying in the face of all the economic indicators

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of whatever the British people want, or is best for British jobs. It

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seems, for the Conservative Party, to be a reinterpretation of the

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result for a hard Brexit that nobody voted for. That is strong point. We

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do not have too much time this morning, so I'm going to try to keep

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this moving quickly. How do respond to that, Iain Duncan Smith? It is

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utter rubbish. The British people made it clear decision. They were

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asked a simple question. Do you want to stay in or leave the European

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Union? Were they asked whether they wanted to leave the single market?

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You need to have a look at the rules around this. The single market as

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part of the European Union, whether you like it or not. Do you think we

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should be in the single market? Do you agree with the overwhelming

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majority? No, no. I am sorry. The massive benefits which exist are

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asked to be able to trade with the European Union and have access.

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America has access. They sell more to the European Union than we do.

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Hold on. There is no point talking over each other because you are too

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far-away. Let me come to Tim Farron. If you want to be in the single

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market, you have to accept free movement. You have to accept the

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jurisdiction of the European port. In effect, that is membership of the

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EU. Isn't that what we voted against? -- the European Court. Tim

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Farron I am talking to. The reality is, and I accept the result of the

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referendum. It is the direction of the United Kingdom being towards the

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European Union as we stand. The deal we get at the end, as Lord Kurt, the

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writer of Article 50, agreed with me overnight because destination is not

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the same. You cannot start this process with democracy and end up

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with a stitch up, which is what the British people will get. Many people

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around the country voted to leave the European Union but there will

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not agree, I am certain, with having imposed upon them complete exit from

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any relationship with the nearest market and friends and neighbours,

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which will cost tens and hundreds of thousands of jobs. Let me get you to

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respond to that, Iain Duncan Smith. When article 50 was drafted, he did

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not mean it to help any country leave, he deliberately designed it

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so it would make it so difficult to leave it would almost be nigh on

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impossible. The second thing about the point that Tim makes, which is

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complete nonsense, is the added that we will lose tens of thousands of

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jobs. What we are looking for is a free trade relationship with the

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European Union. That is the key point. We are not leaving Europe, we

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are leaving the European Union. This is the problem. There is not a

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problem in that for common-sense and decent people. Hold on, Tim Farron.

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Sterling has slumped at the prospect of hard Brexit as it has dawned on

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the markets that the Government is heading for a so-called hard Brexit.

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Doesn't that give you pause for thought? Doesn't it make you think

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it might not be the right course? If you go to the airport at the moment,

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you would be lucky to get 1 euro for ?1. Doesn't that make you think? Not

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really. What you know about the free-flowing currency is it will

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fall and rise in accordance with what people speculate about and the

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prospects for the future. The point to look at is what the underlying

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story is for UK business. It used to be that the BBC generally spent its

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whole time telling us how terrible things work if you look at the FTSE

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250 or the FTSE 100. In the same period we have seen the FTSE 250,

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the small and medium companies, at record levels high. Much higher than

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before we decided to leave the European Union. Here is the other

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point. There is hugely a story about a strong dollar. The pound rose

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against the yen was the dollar rose against the euro, the yen, and the

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pout. Here is the deal. The pound is doing our supporters a of good. --

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the pound. There is no point heckling. That is my job. The point

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is that the pound having fallen means British business is doing very

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well. And that is a very good thing. Other than the slump in Stirling,

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what has gone wrong for the UK economy since the 23rd of June?

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First of all, I am not saying everything is completely calamitous.

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I take the views of all of the business leaders, people who wrote

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to the Financial Times yesterday, people who are former members of the

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Prime Minister's business advisory council, who say that whatever your

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view on leaving the European Union, departure from the single market

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would be calamitous. Really worrying indicator, this 31 year low drop in

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the pound, and we have not even left yet. That is what worries me. And

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what worries me more than anything else is that you've got the British

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business community, who now feel that the Conservative Party are

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listening to the English nationalist forces that have taken over the Tory

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party, rather than to good common-sense business practice. When

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Roger, who, the Ukip MEP, tells you that you have gone too far here,

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then you probably have gone too far. Iain Duncan Smith, let me bring you

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back in. We haven't got time for speeches this morning, from either

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of you. Iain Duncan Smith - don't we need to give just a bit on free

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movement, to secure open access? If we want really good access to the

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single market, we will have to give something on free movement?

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Actually, I wrote about a week ago in a paper which set out how you

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have control of your migration policy which is flexible enough to

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allow people to come into jobs inside the UK or outside the UK. And

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that is the kind of flexibility which leaves the British Government

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controlling the idea about how you access work through work permits.

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That means for higher skilled people, it will be a very light

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touch regime, but for the low skilled, which is where the most

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damage has been done, you have tight regime. You say, listen to British

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businesses - these are the self appointed losers of British

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business. That meet you something - these are the same people who told

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us before that Brexit... They told us, just like you did, Tim, that we

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would crash and burn afterwards, there would be a calamitous fall,

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the British economy would be destroyed. Some of us had a more

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lofty view. I wish everybody would get calm because what we want is

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Britain to do well. It is not my party... I have got one more

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question for you, Tim Farron - why have you now lost a second here in

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the House of Lords, Baroness Manzoor, who says you are not

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recognising the will of the people in the referendum by calling for a

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second referendum? She has joined the Tories, so that's Brive - how

:17:59.:18:06.

many more to go? Well, we are 20,000 up, Andrew. It is a peculiar

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decision which I totally respect. You only need to look at what's

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happened since June, with the Liberal Democrats gaining 20,000

:18:15.:18:18.

members. Thousands of them from the Conservatives, hundreds since their

:18:19.:18:21.

conference last week. You look at the by-election gains, the Liberal

:18:22.:18:25.

Democrats winning 18 in the last few months, and half of them... You are

:18:26.:18:32.

not set to lose her? I am always sad to lose people, but I am joined

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overjoyed to have gained 20,000. Come and joiners in the studio next

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time, where we can get a proper grip on this debate!

:18:45.:18:47.

With Parliament returning tomorrow, Jeremy Corbyn has been

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reshuffling his Shadow Cabinet, following his thumping win in this

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And unlike previous reshuffles, it's been a pretty decisive affair,

:18:53.:18:55.

which has seen him give big jobs to his supporters.

:18:56.:18:58.

Mr Corbyn has moved ally Dianne Abbott to Shadow

:18:59.:19:02.

Home Secretary, keeping Emily Thornberry at Shadow

:19:03.:19:05.

Foreign Secretary and moving Clive Lewis to Business.

:19:06.:19:07.

He's been replaced on the Defence brief by Nia Griffith,

:19:08.:19:18.

There's also a job for new Labour peer Shami Chakrabarti,

:19:19.:19:23.

who recently carried out a report into anti-semitism in the party.

:19:24.:19:26.

And chief whip Rosie Winterton is out.

:19:27.:19:28.

She's replaced by the veteran whip Nick Brown.

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You may remember him from the Gordon Brown years.

:19:35.:19:39.

Mr Corbyn has also brought back a number

:19:40.:19:41.

of Shadow Cabinet members, who resigned in protest

:19:42.:19:43.

They include Jon Ashworth, as Shadow Health Secretary.

:19:44.:19:46.

Although he's also been removed from the National Executive

:19:47.:19:48.

Committee, Labour's ruling body, where power has been finely balanced

:19:49.:19:50.

Well, to discuss this, we're joined by the Labour MP, John Mann.

:19:51.:20:01.

John Mann, who is a Corbynite critic. Mr Corbyn says this is the

:20:02.:20:08.

most diverse shadow cabinet ever, the best team to take Labour forward

:20:09.:20:12.

- what do you say? Well, it's his choice of team. And I think we

:20:13.:20:16.

should get on with the job now. Think he has won, whether people

:20:17.:20:20.

like it or not. And the last and we want I think is a year of

:20:21.:20:29.

internalised, inward looking navel-gazing. Like the last year?

:20:30.:20:35.

Like the last year. And I have said, I was not in favour of the timing of

:20:36.:20:39.

this challenge, but we actually have to get to grips with the referendum

:20:40.:20:43.

result and the fact that quite a lot of Labour voters voted to leave,

:20:44.:20:47.

unlike the general view in the Labour Party. There's lots of issues

:20:48.:20:51.

we should be looking at, but we should not be looking inwards. Is

:20:52.:20:54.

there much of an olive branch from Mr Corbyn to the Parliamentary

:20:55.:20:57.

Labour Party in this? I would not call it an olive branch. But if I

:20:58.:21:02.

was him, I would have done pretty much what he has done. He's won the

:21:03.:21:08.

election. If I was leader, I might choose different people. That

:21:09.:21:11.

probably goes for everyone of the 200-plus members of the

:21:12.:21:15.

Parliamentary party. But I think there is a bit of a... The idea you

:21:16.:21:21.

can negotiate a shadow cabinet or cabinet, I mean, it's important that

:21:22.:21:27.

he has all viewpoints represented somewhere, otherwise we'll be much

:21:28.:21:30.

weaker. And so we wait to see whether every view is going to get

:21:31.:21:34.

proper Leanne Wood. That's vital. But he's got to make the choices. --

:21:35.:21:43.

every view is going to get properly aired.. Quite a lot of London

:21:44.:21:51.

representation - how does that help people like you in the north and the

:21:52.:21:54.

Midlands? It's following the trends of Tony Blair, was always keen on

:21:55.:21:59.

having lots of people who worked in London, and Ed Miliband even more

:22:00.:22:04.

so. So it is not a new trait. He's chosen the people, but what's

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crucial is, with ceremony people from the metropolitan area, that

:22:09.:22:11.

they spend a lot of time out in areas like mean, not talking to the

:22:12.:22:16.

members, not doing photocalls, they can do that if they want, but going

:22:17.:22:21.

and talking to voters. If they do that, I've got no objection. If they

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don't, then that will mean that there is not sufficient knowledge of

:22:26.:22:28.

what the wider electorate is thinking. Those shadow cabinet

:22:29.:22:33.

members, every week, should be out there knocking on real doors, in

:22:34.:22:39.

areas that perhaps they are not too familiar with. Keir Starmer, your

:22:40.:22:44.

new shadow Brexit secretary, he has said that there should be a vote on

:22:45.:22:50.

article 50, that when the Government moves it, Parliament should vote.

:22:51.:22:54.

What do you think of that? Well, let's see what... We are quite a way

:22:55.:22:58.

away from seeing what Google is going to do. I think what is vital

:22:59.:23:02.

in terms of Brexit is actually to get into the detail, because there's

:23:03.:23:10.

a lot of slogans, the full Brexit, the soft Brexit, the hard Brexit...

:23:11.:23:15.

Actually, the issue is, what access do we get to markets, what access do

:23:16.:23:21.

we give to our markets? And is there any form of restriction on the free

:23:22.:23:26.

movement of labour? They are the three big issues. We need detail.

:23:27.:23:31.

And it's the negotiation not in the British Parliament but with the

:23:32.:23:34.

Germans and the French in particular that is vital. And of course that

:23:35.:23:39.

hasn't begun. Mr Corbyn told us at the Labour Party conference that he

:23:40.:23:41.

was not really that interested in controlling immigration. Keir

:23:42.:23:46.

Starmer said this morning on the BBC that immigration has become down -

:23:47.:23:52.

you must encouraged by that? What a coalition! Keir Starmer as the

:23:53.:23:55.

person responsible I hope we'll be talking to those of us who supported

:23:56.:24:00.

the Leave campaign in the Vale, and more fundamentally, getting out of

:24:01.:24:05.

those areas where the vast majority of Labour voters voted to leave. If

:24:06.:24:10.

he's going to do his job properly, that is critical. I'm confident that

:24:11.:24:15.

he will do that. Do you know yet what the party policy is on

:24:16.:24:18.

immigration? I'm sure that will emerge over the time. I do not know

:24:19.:24:22.

what the Conservative Party's ease, either. We do not know what the

:24:23.:24:27.

response of the Germans and the French will be. They have got

:24:28.:24:32.

elections next year. This is rather a movable feast in those countries.

:24:33.:24:36.

Therefore, we should be in 20 new negotiations, as Labour. It's

:24:37.:24:40.

crucial that our leadership talks and listens to Labour voters and to

:24:41.:24:47.

those who have voted Labour in the past.

:24:48.:24:50.

Jeremy Corbyn's re-shuffle has upset the Chair

:24:51.:24:55.

He represents the party's backbench MPs.

:24:56.:24:59.

In an e-mail, John Cryer said Mr Corbyn "did not

:25:00.:25:02.

engage" in a promised plan to reunite the party by allowing MPs

:25:03.:25:05.

Mr Cryer said he had been in talks with the leadership

:25:06.:25:10.

with the aim of "striking an agreement which would allow

:25:11.:25:14.

some places to be filled through elections, while the leader

:25:15.:25:16.

But on Wednesday it became clear "a reshuffle was under way,

:25:17.:25:20.

which had not been discussed or mentioned".

:25:21.:25:27.

Well, we're joined now by Barry Gardiner.

:25:28.:25:29.

He's kept his job as Shadow International Trade Secretary.

:25:30.:25:39.

What happened to the idea of electing at least part of the Shadow

:25:40.:25:45.

Cabinet? Well, I was part of the discussions in the Shadow Cabinet,

:25:46.:25:50.

with Rosie Winterton, who was the chief whip. And she made it very

:25:51.:25:54.

clear that what would need to happen is, there would need to be a vote

:25:55.:25:58.

first of all at the NEC to change the party rules. So I don't think

:25:59.:26:04.

anybody was under any illusion that we could have direct elections now

:26:05.:26:07.

to the Shadow Cabinet without that change in the party rules. Is the

:26:08.:26:11.

idea dead for the foreseeable future? Doormen, is the honest

:26:12.:26:16.

answer. That is for Jeremy to decide. But I think what would be

:26:17.:26:21.

clearly wrong is, if we now going to almost rerunning what was the

:26:22.:26:27.

election contest. And it would be foolish to saddle a leader with a

:26:28.:26:31.

group of people in the Shadow Cabinet that were out of sympathy.

:26:32.:26:35.

And indeed, that was why the Parliamentary Labour Party, when Ed

:26:36.:26:41.

Miliband asked us to give him the right to appoint the Shadow Cabinet,

:26:42.:26:43.

rather than the previous system, which had been elected... What do

:26:44.:26:49.

you make of the chair of the Parliamentary Labour Party, Mr

:26:50.:26:54.

Cryer, complaining that Mr Corbyn did not engage with him in this

:26:55.:26:58.

reshuffle? Look, I don't know what discussions took place. John is a

:26:59.:27:05.

very good friend. He's a very good representative of the PLP, as its

:27:06.:27:10.

chair. But he's one of the best connected people in the party, and

:27:11.:27:13.

the idea that anything took face without his knowledge I find it

:27:14.:27:20.

difficult to believe. He says, Niall Quinn OMP backing him up was a

:27:21.:27:24.

charades in the negotiations? That is a separate question. And I don't

:27:25.:27:29.

think that's true at all. Because the Shadow Cabinet said to the

:27:30.:27:35.

previous NEC meeting delegation, to actually initiate those

:27:36.:27:40.

negotiations. But I think John Mann, who sat here just a few moments ago,

:27:41.:27:46.

got it absolutely right - the Labour Party now must not look inwards for

:27:47.:27:49.

the next year, it must begin to look outwards. It must be challenging the

:27:50.:27:53.

government on what it is doing in our education system and saying, it

:27:54.:28:00.

is wrong to segregate our children. They must be challenging the

:28:01.:28:01.

government on housing and homelessness. I am delighted that

:28:02.:28:07.

John has come back into the Shadow Cabinet, nobody better to take

:28:08.:28:10.

forward our fight for housing in this country. If you want to appeal

:28:11.:28:14.

across the country, are there not too many London metropolitan types

:28:15.:28:18.

at the top? The four great Shadow offices of state all seemed to come

:28:19.:28:22.

from within walking distance of each other. It's a kind of shadow cabinet

:28:23.:28:29.

of all BMW one talents? Well, you could ever welcomed the fact that

:28:30.:28:32.

two of those great offices of state, for the first time ever, are held by

:28:33.:28:49.

women. -- NW1 talents. Broomstick is, it is very London centric. It is

:28:50.:28:54.

not because you have got five MPs from the north-east in the Shadow

:28:55.:28:59.

Cabinet, four from Greater Manchester, all of whom are women.

:29:00.:29:02.

You've got five from Yorkshire. In terms of the population of the

:29:03.:29:06.

country as a whole, it's very representative of whether Labour

:29:07.:29:15.

votes are. John Ashworth accepted the Shadow bridge but is no longer

:29:16.:29:20.

on the National Executive Committee. Does Mr Corbyn now have a majority

:29:21.:29:26.

on the NEC, the ruling body of the Labour Party? The majority would

:29:27.:29:31.

always be on issue by issue. I don't think anybody goes to the NEC

:29:32.:29:36.

determined to wage wall or battle. I assure that people go there to

:29:37.:29:40.

listen to arguments and decide what is in the best interest of the party

:29:41.:29:44.

and the country and take Ossetians accordingly. Why was it important

:29:45.:29:48.

that Mr Ashworth stepped down? I don't know whether it was important.

:29:49.:29:56.

John has been a superb member of the Shadow Cabinet. He has always

:29:57.:30:00.

represented very clearly the views of party members, and I think he

:30:01.:30:05.

will do a fantastic job at health. We will leave it there.

:30:06.:30:16.

I still have energy and can. When we last spoke, I put it to you that we

:30:17.:30:23.

were massive importers of energy including gas. I came here primed

:30:24.:30:30.

for that. Next time I will bring the power with meat!

:30:31.:30:36.

The party with the third highest vote share at the general election

:30:37.:30:41.

has, just since Tuesday, lost a leader, seen

:30:42.:30:43.

the return of Nigel Farage - even if only temporarily -

:30:44.:30:46.

and seen the favourite to take over end up in hospital

:30:47.:30:48.

after an altercation in the European Parliament.

:30:49.:30:50.

Our Ellie's been watching the soap opera unfold.

:30:51.:31:02.

So, we've all heard the rumours about the internal

:31:03.:31:06.

Well, this week, they played out in front of our very eyes on the TV

:31:07.:31:10.

screens in the most dramatic of ways.

:31:11.:31:13.

It was only just over three weeks ago.

:31:14.:31:21.

18 days later, she realised that wasn't going to happen.

:31:22.:31:33.

In her resignation statement, she said she didn't have

:31:34.:31:35.

sufficient authority, nor the full support, of her MEP

:31:36.:31:37.

colleagues and party officers to continue.

:31:38.:31:41.

There was also this clue in the official form she filled

:31:42.:31:43.

in for the Electoral Commission, where she signed her name

:31:44.:31:46.

In the meantime, Nigel Farage seemed pretty chipper, explaining

:31:47.:31:53.

I keep getting over the wall and running for the hills.

:31:54.:32:00.

Before I am finally free, they drag me back.

:32:01.:32:03.

It doesn't have one because she's resigned.

:32:04.:32:09.

The Ukip constitution is quite clear.

:32:10.:32:12.

In these circumstances, the National Executive Committee has

:32:13.:32:14.

the right to appoint an interim leader, which I presume it will do

:32:15.:32:18.

at its meeting on the 17th of October.

:32:19.:32:22.

I'm told the NEC might have met earlier but someone

:32:23.:32:25.

is on is on a cruise, so it wouldn't be quorate.

:32:26.:32:27.

It was starting to feel a bit like a soap opera.

:32:28.:32:30.

It's almost like being a part of Dynasty.

:32:31.:32:36.

By close of play, this man, who probably would have been leader

:32:37.:32:39.

last time if he hadn't been barred from standing had thrown

:32:40.:32:42.

But then things went really off script, when he, Steven Woolfe,

:32:43.:32:47.

after a meeting with colleagues that went...

:32:48.:32:51.

There are mixed accounts of what happened.

:32:52.:32:55.

It's two grown men getting involved in an altercation.

:32:56.:32:57.

We're talking about a dispute that finished up physically.

:32:58.:33:05.

I understand there was an argument between some MEPs and Steven,

:33:06.:33:10.

I think, picked a fight with one of them, and came off worst.

:33:11.:33:16.

It later transpired that the MEPs had been arguing about reports that

:33:17.:33:19.

Mr Woolfe had considered defecting to the Tories.

:33:20.:33:23.

That had ended in a scuffle with this man.

:33:24.:33:25.

It was, as people in Hull would say, handbags at dawn.

:33:26.:33:36.

He even tweeted a picture of his hands to prove it.

:33:37.:33:39.

But Mr Woolfe's team questioned that version of events and said his

:33:40.:33:43.

Either way, the two men have been in touch and say

:33:44.:33:47.

they want to meet - handbags and all -

:33:48.:33:49.

But that might not be the end of the story.

:33:50.:33:54.

So, part of Ukip's charm has always been to say and do

:33:55.:33:57.

things the other party would never even dream of.

:33:58.:33:59.

But this week has been different and a number of senior Ukip sources

:34:00.:34:02.

have told me that what happens next will be make or break for the party.

:34:03.:34:08.

They say that will depend on who the next leader is.

:34:09.:34:11.

Before all this happens, Steven Woolfe, seen

:34:12.:34:13.

as a disciple of Nigel Farage, would have been favourite.

:34:14.:34:16.

It must surely have been obvious to anybody, having seen this,

:34:17.:34:21.

that Steven Woolfe, and of course Mike Hookem,

:34:22.:34:24.

I don't think Mike would put his hat into the ring.

:34:25.:34:27.

Surely they can't now consider that either of them could stand

:34:28.:34:31.

The party's biggest donor, Arron Banks,

:34:32.:34:37.

It's fairly indicative of the party split between those who think

:34:38.:34:43.

the new leader should be moulded in Nigel Farage's image,

:34:44.:34:45.

and those who can think of little worse.

:34:46.:34:49.

The party is bigger than any one individual.

:34:50.:34:54.

Everybody has a responsibility within Ukip to safeguard

:34:55.:34:56.

its reputation and that's what I'm asking all people to do now

:34:57.:35:06.

The drama may be over for this week but with the leadership campaign

:35:07.:35:12.

looming, there will be plenty more episodes to come.

:35:13.:35:14.

And we're joined now by the Ukip MEP Bill Etheridge.

:35:15.:35:16.

He was at the meeting where the "altercation"

:35:17.:35:18.

between Steven Woolfe and Mike Hookem took place,

:35:19.:35:22.

and he stood to be leader in the party's last

:35:23.:35:26.

leadership contest, which only finished in September.

:35:27.:35:32.

We have learned, while on-air, that Steven Woolfe has left the hospital

:35:33.:35:43.

in Strasbourg. Bill Etheridge, were punches thrown? First of all, as all

:35:44.:35:52.

MEPs we should apologise to our member ship and supporters for all

:35:53.:35:55.

this nonsense. With regards to punches thrown, I was first on the

:35:56.:36:00.

scene. I did not see punches thrown. I saw Mike with his hands down his

:36:01.:36:07.

side and is Steven Wolfe halfway through and unlatched door. --

:36:08.:36:13.

Steven Woolfe. He was on the floor. Before you got on the scene, there

:36:14.:36:18.

could have been blows exchanged? In the 15 to 30 seconds before I got

:36:19.:36:22.

there, there is a possibility but Mike has denied that there were any

:36:23.:36:26.

punches thrown and I have not seen any evidence that their world. The

:36:27.:36:33.

friends of Steven Woolfe has said independent medical examinations

:36:34.:36:36.

suggests he does have wounds and bruising which cannot be explained

:36:37.:36:40.

by simply a fall to the floor. I am sure the chairman of the party will

:36:41.:36:44.

look into that and see the exact information being discussed. When it

:36:45.:36:48.

is something put out by sources or friends, let's wait and see the

:36:49.:36:56.

actual information. Was it the idea of Steven Woolfe that the dispute

:36:57.:36:59.

should be settled outside? Yes, Stephen stood up and said, if this

:37:00.:37:04.

is the temperature of your comments, I think we should sort out

:37:05.:37:09.

man-to-man. He took off his jacket and walked outside. Unfortunately,

:37:10.:37:14.

and he has said he regrets it, Mike went outside and did the same thing

:37:15.:37:17.

himself was that neither of them should have done it. It was foolish.

:37:18.:37:24.

If that is response by Steven Woolfe to an argument, no matter how

:37:25.:37:28.

heated, among his own MEPs, does that disqualify him to stand as

:37:29.:37:33.

leader? It does not disqualify him. It says something about his

:37:34.:37:42.

temperament. What I will say is it was not heated argument at the

:37:43.:37:44.

start. We were discussing the fact he had been in a conversation with

:37:45.:37:46.

the Conservative Party about joining. Only a day or two earlier

:37:47.:37:49.

he had said he was not going to join for that we asked if that was to do

:37:50.:37:53.

with the fact that he heard Diane James was standing down. That was

:37:54.:37:58.

the purpose of the meeting, to find out what Steven Woolfe was doing

:37:59.:38:03.

about the Conservative Party. Due to this altercation, we never got an

:38:04.:38:06.

answer. I personally would like need to know what he was doing. What was

:38:07.:38:12.

said? I and stand this happened quite quickly into the meeting. What

:38:13.:38:19.

was it that was said which meant, take the jacket off, we will settle

:38:20.:38:25.

this outside? Steven Woolfe had said about how upset he was that he could

:38:26.:38:29.

not stand in the summer, his form were late by 17 minutes. Mike said

:38:30.:38:35.

whether it is your fault and no one else's. Steven Woolfe reacted

:38:36.:38:39.

angrily and we could get no further conversation. That was the extent of

:38:40.:38:43.

the provocation, to say it was your fault. He was not swearing but he

:38:44.:38:50.

basically said, that's your fault, it is your responsibility. Are you

:38:51.:38:54.

going to stand in this leadership contest now? Up until this happens,

:38:55.:38:59.

I was seriously considering rolling in to try to make sure we did not

:39:00.:39:02.

have people who had been negative towards the party and towards Nigel

:39:03.:39:07.

taking over. Now I do not feel I can support Steven Woolfe and, yes, I

:39:08.:39:12.

will be standing. Isn't the bitter truth, your previously the last for

:39:13.:39:17.

18 days. Two MPs have now said to step outside and we will sort this

:39:18.:39:22.

with jackets. It is hard to avoid the conclusion that Ukip is not a

:39:23.:39:28.

proper, functioning party without Nigel Farage at the helm? You cannot

:39:29.:39:34.

survive without him. Nigel is a fantastic leader. He has led us very

:39:35.:39:39.

strongly and powerfully. It is up to us to take responsibility. That is

:39:40.:39:42.

one reason I want to do it to bring the party together. Every time he

:39:43.:39:48.

goes quickly fall apart. There is no functioning Ukip I would suggest

:39:49.:39:52.

without Nigel Farage. Up to us to make sure we get systems in place

:39:53.:39:56.

and make sure we have strong leadership and pull the party

:39:57.:40:00.

together. We can do it. We have 4 million voters than 30,000 members.

:40:01.:40:04.

They must be feeling very let down. It is up to us to make sure we do

:40:05.:40:08.

the right thing and look after them and be there to represent them.

:40:09.:40:09.

Thank you. Good morning and welcome

:40:10.:40:11.

to Sunday Politics Scotland. The Government has a mandate

:40:12.:40:23.

for leaving Europe but does it have

:40:24.:40:26.

a mandate for a hard Brexit? Despite a vote

:40:27.:40:29.

of no confidence, the convener of

:40:30.:40:31.

the Crofting Commission tells this programme

:40:32.:40:32.

he refuses to stand down. Will the Scottish

:40:33.:40:35.

Government now intervene? And from 'banking

:40:36.:40:38.

collapse' to Brexit, we're in Hawick to see

:40:39.:40:40.

how one Scottish town has been coping

:40:41.:40:42.

with difficult times. Now, the meanings of 'Brexit means

:40:43.:40:48.

Brexit' proliferate by the moment. MPs right across

:40:49.:40:52.

the political spectrum are demanding they be given

:40:53.:40:55.

a vote on whether there should be

:40:56.:40:57.

a so-called Hard Brexit or whether Britain can stay

:40:58.:41:00.

in the single market, There have been threats

:41:01.:41:04.

from the Scottish Government to frustrate the process

:41:05.:41:07.

as much as possible. But does the Scottish Parliament

:41:08.:41:09.

have any power in this area? A little earlier, I spoke

:41:10.:41:12.

to Professor Alan Page, who has advised Holyrood,

:41:13.:41:15.

Westminster and the EU Well, the good all the Scottish

:41:16.:41:36.

Parliament and bought a's repeal bill the short answer to that

:41:37.:41:39.

question is no it could not. It could withhold its from the repeal

:41:40.:41:43.

Bill depending on its precise terms but that is not the same as blocking

:41:44.:41:54.

it. The Scottish Parliament would, however would it not have to pass

:41:55.:41:57.

legislation that means that it's all legislation does not have to comply

:41:58.:41:59.

with EU law I am not sure the Scottish Parliament would have to do

:42:00.:42:03.

that. But legislation would have to be passed by Westminster I think. In

:42:04.:42:08.

order to relieve the Scottish Parliament of the obligation to

:42:09.:42:12.

comply with EU law. And if they're anything the Scottish Parliament

:42:13.:42:16.

could do to block that it could as I said, with all that is there

:42:17.:42:19.

anything the Scottish Parliament could do to block that? It could, as

:42:20.:42:21.

I said, withhold its consent which would be underlining its opposition

:42:22.:42:24.

to the UK and Scotland leaving the European Union. But simply

:42:25.:42:28.

withholding its consent without war would not affect the validity of the

:42:29.:42:32.

amending legislation. That I think if the crucial point. It is also

:42:33.:42:38.

ambiguous is it not while the Scottish Government might want to

:42:39.:42:42.

vote against that in the Scottish Parliament, for political reasons

:42:43.:42:44.

there are other political reasons in favour of it. For example minimum

:42:45.:42:49.

pricing on alcohol would presumably be within the power of the Scottish

:42:50.:42:52.

Parliament if they did not have to comply with the UK law. Sorry EU

:42:53.:43:00.

law. Well that is a very good point point. Acts of the Scottish

:43:01.:43:04.

Parliament should no longer be open to challenge on grounds within

:43:05.:43:07.

incompatibility with EU law and that would mean for, assuming that the

:43:08.:43:13.

Scotland act was amended to that effect that legislation could no

:43:14.:43:17.

longer be blocked or its recommendation delayed on the

:43:18.:43:21.

grounds that it was incompatible with EU law and alcohol in pricing

:43:22.:43:25.

is the current example of that. Do you have any thoughts on a slightly

:43:26.:43:29.

different issue, which is rearing its head in some of the papers this

:43:30.:43:33.

morning which is members of Parliament not the Scottish

:43:34.:43:37.

Parliament, the hang on a minute we might not have a bowl on when to

:43:38.:43:41.

trigger article 50 but could we really have for example a Hard

:43:42.:43:50.

Brexit and we MPs at an point would have any say on what kind of leaving

:43:51.:43:53.

the European Union would take part in I think that is an absolutely

:43:54.:43:55.

compelling argument. It is a very powerful argument but what is needed

:43:56.:44:03.

clearly is an MPs to support it. You could say that Parliament sold the

:44:04.:44:08.

past once with the European Union referendum act in the sense that it

:44:09.:44:11.

did not make any provision for what was going to happen in the event

:44:12.:44:19.

that the electorate, the people the United Kingdom people both to leave.

:44:20.:44:23.

So that question was left completely open, which is why we are in the

:44:24.:44:30.

position we are today. But, having voted to leave people beginning to

:44:31.:44:33.

think about the actual implications of that, yes I think there is a case

:44:34.:44:39.

for saying do we agree or not agree with what has actually been proposed

:44:40.:44:44.

but as they say enough MPs would actually need to comment on and

:44:45.:44:49.

support that. But either in for the Scottish Parliament because even if

:44:50.:44:55.

you accept the argument that the referendum on the EU was a UK vote

:44:56.:44:58.

that Scotland had already voted to stay part of the UK so it applies in

:44:59.:45:02.

Scotland as much as anywhere else presumably members of the Scottish

:45:03.:45:07.

Parliament could say hang on we are being asked to accept a had breaks,

:45:08.:45:13.

we do not think you Westminster the British government have got any

:45:14.:45:16.

mandate. Scottish MSPs will undoubtedly see that. But, as I

:45:17.:45:21.

indicated earlier that will have no effect unless that argument

:45:22.:45:26.

resonates with Westminster, and in particular with a sufficient number

:45:27.:45:31.

of MPs at Westminster for them to do something about it. All right thank

:45:32.:45:33.

you very much indeed. I'm joined now by the Scottish

:45:34.:45:36.

Conservatives' constitution spokesperson Adam Tomkins,

:45:37.:45:37.

and in Dundee is the SNP's Europe spokesperson

:45:38.:45:39.

at Westminster, Stephen Gethins. Stephen, that was pretty on there is

:45:40.:45:50.

nothing the Scottish Parliament can do to block Brexit no matter what

:45:51.:45:55.

the Scottish Government says. Well, let's not forget we are going to go

:45:56.:45:59.

to one of the greatest constitutional crises, which huge

:46:00.:46:02.

impact on the Scottish Parliament's powers so it is right that is

:46:03.:46:05.

Scottish Parliament should have a say on this. Remember through this

:46:06.:46:10.

Scotland act but according to Alan Page, it does not have any say. I

:46:11.:46:15.

think the Scottish Parliament have to have a say. If we are to take to

:46:16.:46:21.

at her word when she is talking about involving the Scottish

:46:22.:46:25.

Government involving the Scottish Parliament then the Scottish

:46:26.:46:28.

Parliament should have a say and I hope that Westminster is not use its

:46:29.:46:31.

powers of at that we were told it did not exist last year during the

:46:32.:46:35.

Scotland act to force that on the Scottish Parliament. But the point

:46:36.:46:39.

Alan page is making is that she the British Government decided to go for

:46:40.:46:49.

a hard exit exit, no matter how much it may well have consulted the

:46:50.:46:52.

Scottish Government what that means there is nothing the Scottish

:46:53.:46:55.

Parliament can do to stop it. Well, it was clear from the Conservative

:46:56.:46:56.

party conference this week is that it was clear from the Conservative

:46:57.:47:00.

we are heading for the hardest of hard Brexits. We have not been told

:47:01.:47:05.

if it is soft or hard it is definitely a dog's Brexit because we

:47:06.:47:10.

have not had that many details. That is a joke you prepared earlier It

:47:11.:47:14.

have not had that many details. That was good was at not they need to be

:47:15.:47:20.

in. We are in a bit of a mess and I wonder whether Professor Tomkins can

:47:21.:47:24.

tell us whether we are going to be in the single market. We need more

:47:25.:47:31.

details from the government and the need to be respecting the will of

:47:32.:47:34.

the Scottish people and respecting the Scottish Parliament's

:47:35.:47:35.

responsibilities as well. Adam, what is your take on what will happen.

:47:36.:47:39.

Iain Duncan Smith spoke to and renewal earlier. He is was that the

:47:40.:47:43.

British people had voted to get out of the single market because they

:47:44.:47:47.

single market its part of the European Union and we voted to that

:47:48.:47:50.

out of the European Union. Arguably that is not what the people in

:47:51.:47:54.

favour of leaving the worst the campaign. The British people voted,

:47:55.:47:59.

70 but people, voted to leave the European Union. -- 17 point people.

:48:00.:48:06.

That is what Brexit means. The United Kingdom will leave

:48:07.:48:08.

institutions of the European Union. We will no longer be a member state

:48:09.:48:14.

that is what it means. So when you leaders of during the campaign, look

:48:15.:48:18.

exactly what relationship we have with the opinion is up for

:48:19.:48:20.

discussion afterwards, this boat is just about whether or not we are

:48:21.:48:25.

members actually what that meant was wear out of the single market we are

:48:26.:48:31.

out of the customs union and there will be no free movement of labour.

:48:32.:48:35.

You are arguing that actually we voted for all of that. I am not. I

:48:36.:48:39.

am simply arguing that we've voted to leave the European Union meaning

:48:40.:48:43.

that we will cease to be a member state. The live question now is what

:48:44.:48:50.

the of relationship with the Union, with the individual member states of

:48:51.:48:54.

the European Union but Iain Duncan Smith's argument says it means we

:48:55.:48:59.

cannot be part of the single market market.

:49:00.:49:03.

A core part of that argument will be what kind of access or participation

:49:04.:49:07.

in the single market when now on. The Scottish Conservatives have been

:49:08.:49:10.

clear we won't have much access to the single market and as much part

:49:11.:49:14.

of in that, as is compatible with leaving the European Union. I am

:49:15.:49:19.

sorry, Ruth Davidson was on this programme last week saying all that

:49:20.:49:22.

and that she liked free movement of labour and wanted to be part of the

:49:23.:49:26.

single market. Iain Duncan Smith and his views seem to be a by the

:49:27.:49:30.

British Government is saying that we voted against all of the stuff that

:49:31.:49:33.

Ruth Davidson and Adam Tomkins said it was like to see. It is simply not

:49:34.:49:39.

going to happen. The... The... The board was not about membership the

:49:40.:49:45.

single market it was about ownership of the European Union Union. . --

:49:46.:49:51.

the. We will no longer be a member state and the question is what kind

:49:52.:49:55.

of relationship with the EU including what access to the single

:49:56.:49:58.

market and participation in the single market we will now seek to

:49:59.:50:03.

negotiate in the national interest. Stephen, there was also sorts of

:50:04.:50:06.

rhetoric from the Scottish Government immediately after the

:50:07.:50:08.

vote. Nicola Sturgeon went off to Brussels the role of that Scotland

:50:09.:50:15.

could from her stay in the single market as the rest did not. There

:50:16.:50:19.

was some desire that should Scotland vote for independence by European

:50:20.:50:21.

leaders it would be fast tracked back in. Absolutely nothing

:50:22.:50:26.

whatsoever has come of that. What you got from the Scottish Government

:50:27.:50:30.

after the vote was leadership. It was a setting up an expert group to

:50:31.:50:33.

look at the range of options. It was speaking to a European partners. It

:50:34.:50:37.

was on capital investment to offset the danger and damage that

:50:38.:50:44.

Conservatives are doing to our. And it was reassuring EU nationals about

:50:45.:50:46.

your future and that Scotland is their home. We have had none of that

:50:47.:50:50.

from the Conservatives. Now and on the single market now answers from

:50:51.:50:55.

EU nationals just more hard rhetoric at the conference that frankly they

:50:56.:50:59.

should be ashamed of. The Scottish Conservatives are arguing they have

:51:00.:51:04.

said others, nobody is listening to them you do not like the Tories we

:51:05.:51:09.

get the message! In terms of getting any commitments from Europe about

:51:10.:51:13.

anything to do with Brexit Nicola Sturgeon and anybody else in the SNP

:51:14.:51:15.

has got absolutely nowhere. getting we are still waiting for

:51:16.:51:26.

details. Our European partners don't know what they are planning to do

:51:27.:51:31.

next. The Scottish Government rightly came out and set clear

:51:32.:51:38.

leadership. We have had nothing from the UK Government, absolutely

:51:39.:51:41.

nothing, they can't even tell us if they have the objective of remaining

:51:42.:51:46.

part of the single market. Their newspaper reports this morning

:51:47.:51:52.

saying a lot of MPs, including many Tory MPs, want a vote on some of

:51:53.:51:59.

this, that are concerned. They accept they cannot overturn the

:52:00.:52:02.

referendum vote to leave the European Union, but they are worried

:52:03.:52:05.

that there will be no point at which MPs are allowed to say for example

:52:06.:52:10.

that they don't want a hard Brexit or something more like Stephen

:52:11.:52:13.

Gethins want or more like you want, and this is just wrong. I don't

:52:14.:52:18.

understand where that concern comes from. The Prime Minister made it

:52:19.:52:21.

clear in her first conference speech on Sunday last week in Birmingham

:52:22.:52:26.

that there will be a great Repeal Bill as she calls it, to recall the

:52:27.:52:32.

European communities act 1972, the instrument which took us into the EU

:52:33.:52:37.

in the first place in the 1970s. Only Parliament can repeal

:52:38.:52:40.

legislation. Neither the Prime Minister or the government can do

:52:41.:52:42.

legislation. Neither the Prime that. A vote on a bill is not the

:52:43.:52:46.

same as parliament being able to say, for example, we don't want a

:52:47.:52:50.

hard Brexit, we will accept some form of staying in the single

:52:51.:52:55.

market. I don't accept that. I think repealing the European Communities

:52:56.:53:00.

Act will require Parliament to have its say over what will replace it

:53:01.:53:08.

once it is repealed. Really? That is the nature of legislation. Let me be

:53:09.:53:12.

clear, there is an elementary constitutional point, only

:53:13.:53:15.

Parliament can repeal Parliament pod at --'s registration. It will be up

:53:16.:53:24.

to parliament not Theresa May. Stephen Gethins, do you accept that

:53:25.:53:28.

Parliament will have a vote on what kind of Brexit? Parliament should

:53:29.:53:31.

have a vote and the Scottish parliament and the UK Parliament

:53:32.:53:35.

because Professor Roy was setting out that tens of thousands of jobs

:53:36.:53:41.

could be affected. We are out of time. Will the SNP demand... Will be

:53:42.:53:49.

SNP demand along with people like Ed Miliband at Westminster and some

:53:50.:53:52.

conservatives that Parliament be given the right to decide what type

:53:53.:53:56.

of Brexit we are in for? Of course, and there has to be full

:53:57.:54:00.

Parliamentary scrutiny. I have put down an urgent question that Theresa

:54:01.:54:05.

May needs to come to the House tomorrow to talk about this

:54:06.:54:08.

triggering of article 50. We will have to leave it there, thank you

:54:09.:54:10.

both very much. The body responsible for protecting

:54:11.:54:11.

and regulating Scotland's crofting is embroiled in some dramatic

:54:12.:54:14.

internal politics of its own. pressure is increasing on the head

:54:15.:54:17.

of the Crofting Commission to resign after the Scottish Government

:54:18.:54:21.

became involved. Scotland has nearly 20,000 crofts

:54:22.:54:33.

overseen by the Crofting Commission. After suspending two local grazing

:54:34.:54:38.

committees in Lewis on the grounds of financial mismanagement it was

:54:39.:54:41.

forced into a U-turn. There were claims the commission was

:54:42.:54:44.

heavy-handed and may have acted illegally. The Scottish Government

:54:45.:54:49.

is now involved. It called on the commission and its convener, Colin

:54:50.:54:53.

Kennedy, to apologise. Last week Mr Kennedy walked out of the

:54:54.:54:57.

commissioners meeting. Those that remained issued that apology then

:54:58.:55:08.

passed a vote of in Mr Kennedy. The First Minister gave their take on

:55:09.:55:10.

events in Parliament earlier this week. I know crofting commissioners

:55:11.:55:12.

have unanimously called the convener to resign. The Scottish Government

:55:13.:55:14.

has requested more information in relation to the events. While the

:55:15.:55:19.

government would not ordinarily intervene in the operations of an

:55:20.:55:23.

independent statutory body, the legislation gives Scottish ministers

:55:24.:55:28.

power to act if required. MSPs are watching developments with interest.

:55:29.:55:32.

There is no doubt there has been fallout amongst commissioners caused

:55:33.:55:36.

by the behaviour of the convener of the Crofting Commission. This

:55:37.:55:40.

organisation needs a new convener and a reconstituted board with the

:55:41.:55:42.

ability to get back to doing what it is meant to do, work for crofters

:55:43.:55:47.

across Scotland. We understand Mr Kennedy has no plans to resign but

:55:48.:55:54.

would make no further comment. The implication is clear, will he jump

:55:55.:55:55.

or be pushed? a lawyer and blogger specialising

:55:56.:55:57.

in crofting matters. Well, the crofting commissioners

:55:58.:56:07.

have no confidence in their leader. He will not resign the Scottish

:56:08.:56:13.

have no confidence in their leader. Government has threatened to get

:56:14.:56:17.

involved, what is on? It all goes back to December last year when they

:56:18.:56:23.

decided to put out of office committee in Lewis. In 2016 they put

:56:24.:56:39.

out two other. -- two other committees. What I don't understand

:56:40.:56:43.

is that Mr Kennedy, the commissioner, is accused of issuing

:56:44.:56:47.

edicts over things like payments over common grazing, and people's

:56:48.:56:51.

backs are up about this, but how can he do that, surely the commissioners

:56:52.:56:56.

have to decide. The commission should decide. It looks as though he

:56:57.:57:02.

has been instrumental in pushing these issues forward. There are

:57:03.:57:06.

three main issues. The first one was the payment by the grazing committee

:57:07.:57:12.

to shareholders in common grazing is of money that had come into the

:57:13.:57:18.

grazing funds. His argument was the money needed to be paid immediately

:57:19.:57:22.

to the shareholders, and if monies were required back they would issue

:57:23.:57:32.

a levy on to the shareholders. Nowhere in the Lord does it say

:57:33.:57:36.

these payments had to be made, and indeed it didn't make logical or

:57:37.:57:41.

common sense to deal with it that way. Subsequently there were two

:57:42.:57:45.

other issues, one was that he was seeking to stop common grazing is

:57:46.:57:51.

committees receiving funding, grants from the government to assist in the

:57:52.:57:57.

maintenance of common grazing, and latterly there was an issue in

:57:58.:58:02.

registration where it was being said that common grazing could not be VAT

:58:03.:58:07.

registered whereas historically it always has been. What happened, at

:58:08.:58:12.

some point, the commissioners had a vote of no-confidence? That was just

:58:13.:58:17.

over a week ago, and that was on the back of Colin Kennedy walking out of

:58:18.:58:22.

a meeting. He closed the meeting and walked out on the basis that the

:58:23.:58:25.

commission from the Western Isles said he was no longer declaring an

:58:26.:58:30.

interest in the Western Isles cases, which he previously did, and now

:58:31.:58:35.

wanted to vote on any issues concerning the Western Isles. On the

:58:36.:58:38.

face of it you would think if the commissioners have no-confidence in

:58:39.:58:44.

has to go but he was elected. He was, and nothing in the law states

:58:45.:58:47.

if the commissioners have a vote of no confidence he must go. One would

:58:48.:58:54.

imagine that if all the commissioners are against you, if

:58:55.:58:57.

imagine that if all the the Scottish cup Max crofting

:58:58.:59:04.

Federation,, the NFU and the press are all saying it is time to go, it

:59:05.:59:09.

you would think, what is the point in clinging on here? The Scottish

:59:10.:59:12.

Government has threatened to get involved. What can they do? In terms

:59:13.:59:19.

of the Crofters Scotland act 1993 they have the power if they consider

:59:20.:59:24.

the Commissioner is unable or unfit to exercise the functions of the

:59:25.:59:28.

member or unsuitable to continue as a Member, they can then remove a

:59:29.:59:34.

Member from office. Just to give us a sense of what the background to

:59:35.:59:40.

this is, because it is complicated, the issue underlining this, is it to

:59:41.:59:43.

do with use of land and the fact that for example wind farms and

:59:44.:59:50.

housing want to commend, and it is about whether common ground is

:59:51.:59:55.

allocated to the community, funds from individuals... It is linked to

:59:56.:00:00.

funds coming into common grazing. As you mentioned wind farming, in

:00:01.:00:04.

recent times, the potential for larger sums of money to come into

:00:05.:00:08.

common grazing exists and it is linked to distribution of those

:00:09.:00:13.

monies. There an insistence on the part of the convener that those

:00:14.:00:16.

monies be paid out as soon as received, with no ability to hold

:00:17.:00:20.

onto the money and use it to spend on improvements within the common

:00:21.:00:25.

grazing. The Scottish Government said that was not the correct view

:00:26.:00:29.

at all. We have to leave it there, Brian Inkster, thank you very much.

:00:30.:00:33.

Well, earlier I spoke to Colin Kennedy on the phone from Coll.

:00:34.:00:37.

He is the Crofting Commission boss in the middle of this controversy.

:00:38.:00:47.

Will you stay in the post? I have no intention of resigning. Why not? As

:00:48.:01:00.

I understand, I believe the commission have acted wholly within

:01:01.:01:05.

the law at all times, and until such times as we have legal advice to the

:01:06.:01:11.

contrary, I will maintain my position. But the Scottish

:01:12.:01:15.

Government has said it has the power to get involved. If it does and says

:01:16.:01:19.

you have to go, you will have to go, won't you? That would be the case,

:01:20.:01:26.

yes. So just to be clear, is the Scottish Government says, given your

:01:27.:01:29.

commissioners have voted no confidence in you, we don't think

:01:30.:01:33.

you can stay in post, you will have to resign? That may be the case. Why

:01:34.:01:48.

are you so determined? You walked out of the meeting, didn't you, the

:01:49.:01:50.

other week? Why have you fallen out with all the commissioners? I didn't

:01:51.:01:53.

walk out, I formally declared the meeting closed in light of an

:01:54.:01:55.

advancement by the Commissioner supported out by the Deputy

:01:56.:02:01.

accountable officer that they obtain information from the standards

:02:02.:02:07.

commission I requested site of, which failed to materialise.

:02:08.:02:12.

Accordingly, given the nature of the business at hand, I have no

:02:13.:02:16.

alternative other than to formally close the meeting of the Crofting

:02:17.:02:21.

Commission -- I had no alternative. OK, but the commissioners have now

:02:22.:02:26.

said they have no confidence in you which is not brilliant from your

:02:27.:02:30.

point of view, is it? I am unaware of the commissioners saying they

:02:31.:02:35.

have no confidence in me. You are not aware of that? Correct. So as

:02:36.:02:40.

far as you are concerned, what, the Crofting Commission is carrying on

:02:41.:02:44.

as per normal? I would suggest at this moment the Crofting Commission

:02:45.:02:52.

conducted a meeting on the 28th of September which was in noncompliance

:02:53.:02:55.

are accordance with standing orders of the Crofting Commission,

:02:56.:03:01.

therefore in my view it would appear to be advisory. If they still have

:03:02.:03:05.

confidence in you why would they do that? I couldn't compact comment on

:03:06.:03:11.

what they do in an informal constitution. But they filed a

:03:12.:03:17.

meeting without you for reasons which are inexplicable. Correct. The

:03:18.:03:26.

substance of this is about... They allege you made various

:03:27.:03:29.

determinations about things like payments in the form of edicts that

:03:30.:03:34.

they weren't consulted on. Absolutely incorrect. At no time

:03:35.:03:38.

under my leadership have any decisions being taken without full

:03:39.:03:46.

endorsement of the board, and based on legal advice. And if I could

:03:47.:03:52.

comment, that prior to those decisions, the board minister on

:03:53.:03:56.

September 15, 2015, prior taking to those decisions, a formal request

:03:57.:04:01.

was made to the chief executive to obtain legal advice to support the

:04:02.:04:04.

papers presented to the board on which the board took the decision.

:04:05.:04:08.

Colin Kennedy, we have to leave it, thank you for joining us. Thank you.

:04:09.:04:11.

Now, four areas in Scotland have been selected to benefit

:04:12.:04:14.

from a new funding programme designed to stimulate

:04:15.:04:16.

The Scottish Government has allocated ?10 million to

:04:17.:04:19.

the new Local Economic Development Fund, with the bulk of the money

:04:20.:04:21.

When the financial crisis began in 2008, Hawick was quickly hit

:04:22.:04:26.

Like so many other towns across the country, its high street

:04:27.:04:31.

Our reporter Cameron Buttle has been to Hawick to see

:04:32.:04:34.

There is a saying here, a day out of Hawick is a day wasted. This is a

:04:35.:04:51.

passionate Borders town, passionate about its great history, passionate

:04:52.:04:55.

about tradition. But like so many other Scottish towns, its high

:04:56.:04:58.

street is really struggling. I walked down -- walked down Hawick

:04:59.:05:03.

high street this morning, 15 for sale or to let sign which gives you

:05:04.:05:07.

an indication of the pressures we have in our high street today. And

:05:08.:05:11.

there is a feeling something has to be done? Absolutely, there is a mood

:05:12.:05:16.

for people to come to Hawick. People living in the town want to see it

:05:17.:05:21.

regenerated, they want to see shops open and lights on. To help with

:05:22.:05:26.

that the town has to get more than ?3 million for regeneration projects

:05:27.:05:29.

from a new Scottish Government fund. I would like to see this money being

:05:30.:05:35.

spent encouraging new start-ups. It is important we channelled this

:05:36.:05:38.

money into encouraging people to start a new business. At the same

:05:39.:05:45.

time we must try to spend some of that money on protecting existing

:05:46.:05:48.

businesses as well. One new venture is the Hawick Paper, only eight

:05:49.:05:53.

editions in, it is seen as the vote of confidence in the ability of a

:05:54.:05:55.

town and its people to weather the of confidence in the ability of a

:05:56.:06:00.

bad times. There is a great sense of history and community. I think there

:06:01.:06:04.

are few places in Scotland with a sense of community Hawick has got.

:06:05.:06:09.

It really helps the town recover from economic blows, but having said

:06:10.:06:13.

that, it can only take you so far. There comes a point when you

:06:14.:06:18.

Government assistance to bring about some sort of recovery, and that's

:06:19.:06:23.

what we have now. It has been a long time coming, you feel? Far too long.

:06:24.:06:30.

I remember when Pringle shut, that was nine or ten years ago now, and

:06:31.:06:35.

ever since, the town has been waiting and hoping for a new

:06:36.:06:38.

industry to commit to Hawick and it has never happened. Too late? I

:06:39.:06:44.

don't think is too late, we certainly have a workforce here in

:06:45.:06:48.

Hawick who can turn their hand to most things, it is just getting that

:06:49.:06:53.

new industry into the town. I know it's not easy but will make a hell

:06:54.:06:57.

of a difference to the town. Four communities will benefit from the

:06:58.:07:01.

Local Economic Development Fund, a total of ?10 million. Hawick will

:07:02.:07:06.

get the most common web than ?3.5 million, Fife will get more than

:07:07.:07:12.

?2.5 million, Clackmannanshire ?2 million and Irving more than ?1.5

:07:13.:07:19.

million. It is targeted money, but more widely we are trying to give a

:07:20.:07:24.

stimulus to capital funding to get the economy going, and we would

:07:25.:07:27.

certainly encourage the UK Government to do as much as it can

:07:28.:07:32.

in the Autumn Statement to expand spending in the economy and drive

:07:33.:07:38.

growth at this time. While the money has been welcomed, there are

:07:39.:07:42.

concerns about the timescale of the funding allocation and its long-term

:07:43.:07:43.

impact. Whatever they do how are we going to

:07:44.:07:51.

ensure for example if business hubs are created I will be ensure that

:07:52.:08:00.

they are funded in the long term to entice new industries to that time?

:08:01.:08:03.

We could go into it scenario where the money is pumped into these hubs

:08:04.:08:06.

but going forward who will pay to ensure that they are financed to

:08:07.:08:10.

attract the new jobs and investment I think there are concerns about

:08:11.:08:14.

whatever project are set how they are funded in the the long term.

:08:15.:08:18.

whatever project are set how they Hawick there is a sense of hope that

:08:19.:08:22.

they have been through the worst. And there are signs that some

:08:23.:08:26.

businesses are doing well well from others living in. People in Hawick

:08:27.:08:30.

have had their fair share of knock backs over the years. We are very

:08:31.:08:36.

strong proud community. But when we see what is going on in commercial

:08:37.:08:40.

Road we have got a new Hotel that opened stores last week the signs

:08:41.:08:46.

are encouraging. The seeds of prosperity are there but we need to

:08:47.:08:50.

focus at this particular time on a high street and do what we can do

:08:51.:08:52.

help the businesses. It's time to look back at the events

:08:53.:08:54.

of the past week and see what's I'm joined now by the journalists

:08:55.:08:57.

Lindsay McIntosh and Kevin McKenna. Let's talk about Europe. We are

:08:58.:09:10.

supposed to have great clarity where we not this week because of the Tory

:09:11.:09:16.

party conference. Is it any clearer? It is not. I like to Stephen's joke

:09:17.:09:23.

about it being a dog's Brexit. But he does have a very good point. As

:09:24.:09:27.

you say however many days at the Tory party conference and we seem to

:09:28.:09:31.

have mixed messages about we seem to be heading towards a Hard Brexit but

:09:32.:09:36.

the team to beat dissenting voices that the Tory party. It is unclear

:09:37.:09:39.

whether legally or politically we need a boat at Westminster about the

:09:40.:09:44.

type of Brexit we have. The one thing that is reasonably clear is

:09:45.:09:46.

that the Scottish Parliament will not be able to block it they can

:09:47.:09:50.

make an offer a lot of noise about it and store up a constitutional.

:09:51.:09:54.

But, realistically they will not block at. We urge hearing the

:09:55.:09:58.

arguments. Iain Duncan Smith seeing two and revealed that the single

:09:59.:10:01.

market as part of Europe and we voted to leave Europe therefore we

:10:02.:10:06.

voted to leave the single market. That was not during the referendum.

:10:07.:10:12.

No. And it is not what Adam Tomkins with about ten minutes ago. It is

:10:13.:10:17.

not been part of the aspirations of the Brexiteers since. It is as clear

:10:18.:10:22.

as mud, and it all feeds into feeling of the that they

:10:23.:10:27.

Conservatives are making it up as they go along on Brexit. But it is

:10:28.:10:31.

great it is joy for the SNP. They are heading into a conference this

:10:32.:10:36.

Thursday, their annual autumn conference in Glasgow where

:10:37.:10:39.

previously they would have expected to come under some pressure from the

:10:40.:10:43.

fundamentalist wing as to when Nicola is going to announce the date

:10:44.:10:48.

for a second referendum if that is what she wants to do. But this

:10:49.:10:53.

basically right her speech and writes the speech for just about

:10:54.:10:56.

every other Cabinet minister in Scotland how the Tories are in

:10:57.:11:01.

abject confusion three months after the 23rd of June on what Brexit

:11:02.:11:06.

means, when you can't even get the new people in the party agreeing

:11:07.:11:09.

what the policy is what the discussions are going to be and for

:11:10.:11:15.

heaven 's sake whether at they are going to have... Be able to debate

:11:16.:11:19.

it or be able to vote on some parts of it and if they were what parts it

:11:20.:11:25.

is an art confusion. I wonder if it is the case as Kevin suggests that

:11:26.:11:29.

the pressure will be entirely of Nicola Sturgeon. Presumably there

:11:30.:11:32.

will be a wing of the SNP saying that we want an independence

:11:33.:11:36.

referendum and we wanted it now, or at least one it is going to be. I

:11:37.:11:40.

think there is always going to be an element of the assembly that is

:11:41.:11:43.

going to want a referendum tomorrow. But I think it is right that they

:11:44.:11:47.

can over Brexit means there is a very clear line that Nicola Sturgeon

:11:48.:11:51.

can take which is, look we do not know what the constitutional

:11:52.:11:54.

position of the UK is going to be for at least two years come next

:11:55.:11:58.

year so let's wait until we get some clarity before we hold another vote.

:11:59.:12:03.

And we have seen some quite senior voices in the

:12:04.:12:17.

SNP that are moving towards that position. You know, think that we

:12:18.:12:20.

need to push those further down the road. Not least because they clearly

:12:21.:12:23.

don't have the majority for it at the moment and it would be self

:12:24.:12:26.

sabotage to go for it at the moment. Kevin, I get your point that it

:12:27.:12:29.

takes the pressure of them on one sense but the event are just putting

:12:30.:12:32.

them by, to some extent at the moment. There is all this debate is

:12:33.:12:35.

not really involved in and they are left on the sidelines saying if we

:12:36.:12:38.

do not get what we want we will have another independence referendum. Yes

:12:39.:12:41.

they came out of the traps immediately after the 20. Nicola

:12:42.:12:45.

Sturgeon and her party Nicola Sturgeon looked very statesman-like.

:12:46.:12:47.

She seemed to be offering leadership and she was talking about

:12:48.:12:52.

independence and people in England were saying in the midst of all this

:12:53.:12:55.

confusion this woman seems to know what she is doing this letter from

:12:56.:12:58.

Scotland. But in three months that has the Volvo. You're absolutely

:12:59.:13:05.

right. Where there is confusion at the upper echelons of the

:13:06.:13:10.

Conservatives about Europe there seems to be a degree of confusion in

:13:11.:13:15.

the same areas of the SNP as to how do we make something of this what...

:13:16.:13:21.

How is this an opportunity for us to advance the case for independence?

:13:22.:13:26.

And if so do we do it now or wait far closer to the day Mr Mark

:13:27.:13:30.

useful, in that case Lindsay would be if they got some commitments from

:13:31.:13:34.

anybody seen your in Europe on anything. They need lot of

:13:35.:13:39.

commitments from anybody seen you in Europe to make anything happen there

:13:40.:13:42.

and there was a big boost from Nicola Sturgeon are laid to try to

:13:43.:13:46.

get those commitments and they do not seem to have been forthcoming. I

:13:47.:13:50.

mean, let's be honest in Europe we have got a number of national

:13:51.:13:53.

elections we have got Brexit Scotland is Lord down the list.

:13:54.:13:55.

Thank you very much indeed. I'll be back at the

:13:56.:13:57.

same time next week.

:13:58.:14:01.

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