20 Years of Devolution

Debate between Christine Jardine and Pete Wishart

Thursday 11th July 2019 Commons Chamber

[Pete Wishart]

My hon. Friend has made a valid and strong point. He is absolutely right about equal marriage, and about the way the Scottish Parliament responded. There have been other progressive developments on social issues, and I am particularly proud that our Parliament has taken up such causes so dramatically and consistently. I look forward to seeing further examples of progress in the future.

It is right for us to keep devolution under review, and I am proud of the work that my Committee has done over the past few months in assessing it after 20 years. We focused particularly on intergovernmental relations, and suggested a number of far-reaching reforms. We believe that, if implemented, our conclusions will make a significant difference in the quality of the inter- governmental relations that currently exist throughout these islands.

I think we can all agree that, institutionally, the Scottish Parliament has functioned well and is now an immovable feature, secure in the fabric of our democracy. It is there to stay. However, the relationship between the two Governments has not kept pace with developments, and the machinery for dialogue and engagement has not kept up with the evolving dynamics of devolution. What we have found is that intergovernmental relations are under pressure as never before. It seems that, having emerged from the experience of the independence referendum, they have been challenged to within an inch of their lives by Brexit.

Before I go into that further, I will give the House the good news. The relationship between the two institutions seems to be functioning well at a sub-political level: the work between civil servants, for example, continues unabated. Our Committee heard solid evidence from senior civil servants that everything was being conducted perfectly well, and that work was being done behind the scenes. However, we were concerned about the quality of the relationships across these islands, and we made a number of recommendations in that regard.

[Christine Jardine (Edinburgh West) (LD)]

The hon. Gentleman is making a very strong case, but does he agree that responsibility for the relationship between the two Governments is not something that we should dictate through paperwork, or something for which we should have to resort to legislation? Is it not up to the two parties in government to be grown up, to sit round the table and to take part in constructive discussions, rather than engaging in what we often witness here—petty bickering about just about everything when an excuse can be found for it?

[Pete Wishart]

The hon. Lady is an assiduous member of the Scottish Affairs Committee, and as I look around the Chamber I see other assiduous members. I agree with what she has said, but I think it is incumbent on us to have the mechanism, the infrastructure and the machinery to ensure that when Governments disagree—as they will when they have particularly different policy objectives —we can accommodate that disagreement, shape it up, and resolve some of the tensions and difficulties that are encountered.

Let me now go back to the beginning, because, as the hon. Lady knows, the Committee looked into this in great detail and heard a great deal of evidence. In the early days of devolution, everything was straightforward and easy. The Labour party was in government in Cardiff, Edinburgh and London, and intergovernmental relations were conducted among comrades, friends and colleagues who would just pick up the phone and get in touch with each other to resolve any difficulties. They were generally resolved very easily; I am sure that you remember those days, Madam Deputy Speaker.

Only one issue was not resolved, and it remains in the name of the bar in the Scottish Parliament. In a dramatic rebuke to Scottish colleagues who dared to suggest that they should become a Government, Big Brother down here—in the form of Labour Members—said, “They can call themselves the White Heather Club, but they will never be a Government.” To this day, the bar in Holyrood is called the White Heather Club as testimony to that fantastic rebuke from our Big Brother Westminster Labour colleagues.

It took the UK Government three years to keep up with developments and acknowledge the change when Alex Salmond rebranded the then—it has to be said—pathetically named Scottish Executive the Scottish Government.

I think it is fair to say that the cosy relationship that existed in the early days of devolution was pretty much shattered with the arrival of the SNP minority Government in 2007. This was an SNP Government who were prepared to push the boundaries of the devolution settlement and who tried to define a new means and method for us to assert ourselves as a nation, and they were not content being restricted to what was available in the then devolution settlement.

Then of course came the independence referendum, and who will ever forget that? Curiously, inter-Government relationships survived the referendum relatively intact, and that was because there was a need for engagement between the two Governments and we had the Edinburgh agreement and rules were set up for that. That taught us the lesson that things can be done if there is structure, rules and a means to come together for agreed objectives, and the agreed objective during the independence referendum was that it would be done properly and constitutionally.

Brexit has broken that, however. What we have with Brexit is two Governments, one in Scotland and one in London, with totally different objectives on the issue of leaving the European Union. Scotland wants nothing whatsoever to do with Brexit; it returned one MP with a mandate for an EU referendum, and we have consistently said we find this counter to our national interests. But of course we have a UK Government determined to deliver Brexit. We should have in place, however, a means to be able to accommodate that—to be able to ensure that these types of differences can be dealt with and negotiated smoothly.

That brings us to the machinery of all this. At the very top is the Joint Ministerial Committee. We looked at a number of options for transforming or even replacing it, but came to the conclusion that replacing it would not serve any great purpose. So we suggested a number of things that we could do to improve the functioning of the JMC, because it is not working properly; it does not have the confidence of the Scottish Government and it does not particularly have the confidence of the Welsh Government. The UK Government set the agenda, and they are responsible for all the dispute resolutions, and they seem to be the arbiter of what happens and how things are conducted.

We said that things have to change dramatically, and there is one phrase that runs through almost every chapter of our report: “parity of esteem”. We therefore propose that the JMC be a body where all four of the Governments are treated as equals, and as such we recommended that JMC meetings should be hosted and chaired by each of the UK Administrations on a rotating basis, and that meetings should be held frequently and have a set schedule with agendas agreed in advance between all parties.

We also asked the Government to explore third-party mediation, because again we received a number of pieces of evidence that suggested that this was not working. We also said that the JMC should look at dispute resolution and made a number of recommendations about Whitehall Departments becoming devolution-proof.

Referendum on Scottish Independence

Debate between Christine Jardine and Pete Wishart

Monday 13th November 2017 Westminster Hall

[Christine Jardine (Edinburgh West) (LD)]

I value as least as much as everyone else in this room the right to petition Parliament and hold debates such as this as an important aspect of our democracy. Similarly, while I disagree vehemently with independence and the call for a second referendum, I respect the right of all those who make that argument. However, like the vast majority of people in Scotland, I am becoming somewhat frustrated with the SNP’s inability to listen to what they are being told.

We have heard that the petition opposing a second referendum has 221,000 signatures. In my constituency, the petition saying there should be a second referendum had 572 signatures. The number of signatures on the petition saying, “Please, no. We don’t want another one,” was 4,474. There is a clear mandate to all of us: the people of Scotland do not want another referendum. They are heartily sick of this continuous constitutional argument that is stultifying Scottish politics.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I thought the Liberal Democrats were for a second referendum. Is it not the case that the Liberal Democrats want another referendum on leaving the European Union? When the Scottish people observe that contradictory position, what do they think?

[Christine Jardine]

When they observed what the hon. Gentleman calls a contradictory position, they voted for us and voted his party’s MPs out at the election. If we look at the figures, we see that 37% of the electorate in Scotland voted for the Scottish National party and 62.5% voted for Unionist parties, including the Liberal Democrats. As has been mentioned, the SNP gave us a wonderful White Paper that set out exactly what the case was. That is very different from a big red bus with some numbers on it and people not knowing what they are voting for.

[Pete Wishart]

You are for a second referendum.

[Christine Jardine]

No, I am for a first referendum on the actual deal, which is a very different thing.

The constitutional debate in Scotland is all we have heard since 2011. We have heard about the division in families and the ended friendships. It has dominated a political period in which we would be far better off addressing the problems that beset Scottish education, health provision and general infrastructure. Do not take my word for it: there is clear evidence in the figures before us. We have heard about the plebiscites and the polls over the past few years, which consistently put no to a second referendum well ahead.