The Union (Constitution Committee Report)

Baroness Bryan of Partick Excerpts

Friday 20th January 2023 Lords Chamber

[Baroness Bryan of Partick (Lab)]

My Lords, the maiden speech of the noble Lord, Lord Verdirame, has demonstrated that he is going to give much support to the discussions in this House. We cannot begin to do justice, in the time that we have been given, to this excellent report so, rather than applaud the many parts that I agree with, I am forced to question the parts that give me concern: first, the notion of sovereignty; and, secondly, the proposed role for the House of Lords.

The establishment of a Scottish Parliament in 1998 was a constitutional response to a political problem. There was such hostility in Scotland to the UK Governments of 1979 to 1997 that it was felt essential to respond to the Claim of Right of 1989, which asserted

“the sovereign right of the Scottish people to determine the form of Government best suited to their needs”.

The sovereignty of the Scottish people was acknowledged through the 1997 referendum and the subsequent establishment of the Scottish Parliament. When looking back at the debates in the Westminster Parliament, it is clear that there was a lack of clarity over the nature of sovereignty. Such a significant change in the constitution should have been recognised as a move towards a federal UK and shared sovereignty, with all the implications for England and the make-up of a second Chamber. Instead, we have found ourselves in a halfway house, with a quasi-federal set-up, without the systems in place to operate it.

While the UK was in the EU, the problem was disguised, as the same EU regulations applied across the devolved areas and England. The report recognises that the Sewel convention has been placed under strain by Brexit. The Scottish Government, not unreasonably, argue that the “unlimited sovereignty” of the UK Parliament

“makes it virtually impossible to guarantee the Sewel Convention”.

The report struggles to find a means of ensuring that the voices of the devolved Administrations are heard when Westminster legislation impacts on their devolved powers. It identifies

“a gap in the legislative process”.

I mean no disrespect to Members of this House, but the House of Lords in its present form is not the appropriate body for dealing with devolved issues. It is unelected, it is overrepresented by London-based Members, and it is not held in high esteem. Support for the current composition of this Chamber is just 12%, according to a Survation poll in 2020. There was a remarkable degree of agreement between those who vote for different parties in that poll.

Instead, it would make sense to recognise the federal nature of the UK and create a second Chamber that had the legitimacy to defend the rights of the devolved Administrations. A Chamber to deal with cross-territorial issues that were previously covered by EU regulations would resolve the “power grab” that has clearly happened.

The unresolved question is how England would be represented. The report makes the case for greater devolution in England and accepts that England should not be confused with London. This supports the argument that regions should have a direct voice in a second Chamber.

We should be aware of British exceptionalism which believes that we are better with an unwritten constitution, that we benefit from having an unelected second Chamber and that we can have quasi-federal systems without sharing sovereignty. I think we are mistaken.