Scotland Bill

Earl of Mar and Kellie Excerpts

Wednesday 21st March 2012 Lords Chamber

[The Earl of Mar and Kellie]

My Lords, I want to ask my noble and learned friend a question to which I do not know the answer, so maybe he will be able to help me. The noble Lord, Lord Reid of Cardowan, talked about the need for a UK-wide referendum to deal with issues such as devo-max. I could probably go along with him on that, but I recall that Jersey, Guernsey and the Isle of Man have a status which is equivalent to devo-max, and I do not think we had a referendum to let them get to where they are.

[Lord Reid of Cardowan]

I did not say that there had to be a referendum but, if there was a discussion about a change in Scotland’s place inside the United Kingdom, either that had to be done by agreement between the Parliaments or by a referendum that went wider. In the case of the previous referendums, there was agreement within the UK Parliament and then the referendums were held. The situation has now changed because there is a Parliament in Scotland and Assemblies in Wales and Northern Ireland. One presupposes that a decision will be taken on being inside or outside the union and the result of that decision meaning that Scotland should stay inside the union. I have no principled objections to entering into discussions about changing the nature of the relationship, but that has to be decided either by the peoples of the UK or by their representatives in the Parliaments. That is probably the only legal way to do it, and it is the only fair way. The first question, on whether Scotland wishes to leave or stay, is one for the Scottish people on their own, but the next question is one either for the peoples of the United Kingdom or the various representative bodies of those peoples.

[The Earl of Mar and Kellie]

My Lords, I am most grateful for that advice. Does the noble Lord, Lord Reid, believe that Jersey, Guernsey and the Isle of Man have devo-max?

[Lord Reid of Cardowan]

I would be able to understand that if I knew what devo-max is. I am presupposing that if there is a subsequent discussion on the decision to stay in the United Kingdom, some of it will be on what the vote is actually about. I hate to add pigs and pokes to porridge—enough euphemisms have been used—but one of the problems with devo-max is that, since it affects the relationship between the peoples of the United Kingdom, it would have to go to the peoples of the United Kingdom or their elected representatives. Also, at this stage no one knows what devo-max, devo-plus or any of these topics other than staying in the UK or leaving the UK actually constitutes. How on earth that is put to a referendum is beyond me, and therefore it reinforces the fact that there should be a clear, fair and legal decision on one issue, after which there may or may not be discussions between the representatives of the various peoples about changing that relationship. At that stage, presumably, devo-max may represent what the islands the noble Earl referred to already have or it might refer to something entirely different. Part of the problem is that at the moment we have no idea of what it refers to.

[Lord Forsyth of Drumlean]

My Lords, the difference is that Guernsey, Jersey and the Isle of Man do not send Members of Parliament to the House of Commons.

[The Earl of Mar and Kellie]

I suppose I should continue to look for advice: did they? I also note that Jersey, Guernsey and the Isle of Man have almost complete autonomy, including on foreign policy and the Treasury. The only thing they do not provide overall is their own defence.

[Lord Lang of Monkton]

My Lords, I intervene briefly in the debate simply because Amendment 88, tabled by my noble friend Lord Forsyth, also bears my name. I begin with an apology because I have been detained away from the House all day and indeed had not expected to be able to get back in time for this debate. Therefore, I speak with some diffidence because I have heard only half of the wind-up speech made by my noble and learned friend to the last debate.

This amendment was tabled when the United Kingdom Government were taking no clear interest in what was going on in Scotland, when the First Minister was being given a completely free run, and when there was a clear need for the Government to get a grip on this matter and represent the interests of the whole of the United Kingdom. That is what the amendment hopes to stimulate, and certainly there has been a lot of progress since then. I wish that I had heard all that my noble and learned friend was able to say this evening but, from the reaction to it, I understand that quite a lot of useful progress has been made.

What seems absolutely necessary is that whatever manoeuvring takes place involving a Section 30 order or whatever else may come along, we have to have a watertight situation in which the Scottish Executive cannot manoeuvre to break away from the commitment that we all now have to holding a referendum in Scotland, with clear wording that forces the issue on whether or not Scotland should remain part of the United Kingdom. That point has been effectively made by a number of speakers today. I particularly agree with the comments made in the last debate by the noble Lords, Lord Williamson and Lord Reid.

My reason for intervening now is to draw my noble and learned friend’s attention to what my noble friend Lord Forsyth said when he indicated that he was willing to withdraw his amendment but sought certain clear and specific assurances and undertakings. He made the case clearly and I shall not attempt to repeat it or improve on the language he used. However, I urge my noble and learned friend to respond directly, clearly and unambiguously to the request that he made.

Scotland Bill

Earl of Mar and Kellie Excerpts

Tuesday 28th February 2012 Lords Chamber

[Lord Forsyth of Drumlean]

It is nice to have something on which to disagree with the noble Lord. In 1603, we had the union of the Crowns. In 1707, we had the union of the Parliaments. The kingdom of Scotland and the kingdom of England ceased to exist in 1707 because the United Kingdom was created. Therefore, it is illiterate as well as misleading to suggest that there would still be a United Kingdom. If Scotland were to leave the United Kingdom, the United Kingdom would cease to exist. Whether or not the monarch went on to become the head of Scotland as head of state, the relationship would be similar to that enjoyed by Canada and Australia, but it would certainly not mean that the United Kingdom continues. For many people this may seem a kind of historical fact, but it is very important that we understand this, particularly when we have people in high office who seem determined to mislead people. I repeat that if Scotland leaves the United Kingdom, there will be no United Kingdom. I do not know what a kingdom represented by England, Ireland and Wales would be called.

To return to the subject of the amendment, the use of the terminology “Scottish Crown Estate Commissioner” is wholly wrong, and I hope that my noble friend will feel able to accept the amendment from the noble Lord, Lord Browne, which seems entirely sensible and very necessary.

[The Earl of Mar and Kellie]

My Lords, I am not certain that I fully agree with my noble friend.

[A noble Lord]

That is a first.

[The Earl of Mar and Kellie]

Indeed. Let us try to identify what we are talking about. The Scottish Crown Estate is a pre-union institution. It was put together over many hundreds of years, developed particularly by King James IV, and one of the things that Scotland brought to the union. Therefore the reference to a Scottish Crown Estate commissioner sounds wholly correct. As regards the BBC—

[Lord Forsyth of Drumlean]

I hate to mention this, but since then we have had the union of the Crowns and the union of the Parliaments. When the Scottish Crown Estate came into that union, it became part of the United Kingdom with a single monarch, and it is the Crown Estate in Scotland. I know that the noble Earl has very considerable historical roots, but we have to use the terminology that is appropriate for our time. Does he not agree?

[The Earl of Mar and Kellie]

No, I do not. No matter what the noble Lord says, the Scottish Crown Estate existed. I was going to make a point about the BBC. That is undoubtedly a British, 20th century creation, and therefore the idea of a BBC Trust member for Scotland is quite appropriate, but I do not think it is right to enter into the pretence that the Crown Estate is a British institution in Scotland.

[Lord Maxton]

My Lords, I wonder whether I can clarify the history on this. The union of the Crowns in 1603 formed the kingdom of Great Britain. The United Kingdom was formed in 1800 when a separate treaty with Ireland was also brought in. That gets the history absolutely correct.

Scotland Bill

Earl of Mar and Kellie Excerpts

Thursday 2nd February 2012 Lords Chamber

[Lord Forsyth of Drumlean]

I am most grateful to the noble Lord. I think that he and I need to be careful because we will soon be appearing in the nat blogs as an example of an unholy alliance. I have suggested to my noble friend that we should form a roadshow and go around Scotland extolling the virtues of the union. The only other explanation I could think of for why the Scottish Government are now pressing for some control over Antarctica is that perhaps they think it might be a good idea to pass regulations keeping me there on ice for the winter in order to avoid open debate. I am most grateful to the noble Lord, and I thank him for the cheque he sent towards the fund for Marie Curie Cancer Care.

I support this clause because it is entirely sensible. I suspect that it was an oversight because there is a very serious job to be done. While I was in Antarctica I met some scientists who were drilling holes in order to measure movement in the ice-cap, but one of the problems they faced was that they kept on hitting gas and oil. There are considerable mineral resources in Antarctica and I hope that they will stay there for a long time so that Antarctica is preserved. I hope that the British Government will take very seriously their responsibilities in this regard.

My noble friend the Duke of Montrose also mentioned the Scott expedition and the centenary of Scott’s arrival at the South Pole—only to discover that Amundsen had beaten him there. We all celebrate the courage that Scott and his party showed in their disastrous attempt to get back to safety from the South Pole.

So I welcome the clause. Of all the clauses in the Bill, it is the one that I can endorse with most enthusiasm. I am most grateful to my noble friend for ensuring that the interests of Antarctica are in good hands.

[The Earl of Mar and Kellie]

My Lords, does the clause in any way inhibit Scottish universities’ polar research? My noble friend has been to the Antarctic. In 1902, William Speirs Bruce led the Scottish national Antarctic expedition in the steam yacht, “Scotia”, its research ship. The “Discovery” was built in Dundee. Speirs Bruce also explored the Arctic, and one can still find the remains of Brucehaven in Spitsbergen. Perhaps I may ask a question that is vaguely similar to one asked by the noble Lord, Lord Forsyth. Are we trying to prevent Scots universities exploring or researching in Antarctica but not in the Arctic?

[Lord Boyd of Duncansby]

My Lords, we support the inclusion of the clause, which seems sensible. Antarctica is obviously an important international resource. It is regulated by a treaty which, as we have heard, is now up for renewal, and it is clearly important that environmental protections are put in place to preserve Antarctica as a pristine part of the planet. Perhaps I should declare an interest as having acted for Donald Trump in a certain planning inquiry, but I assure noble Lords that there is no connection between my supporting this clause and Mr Trump.

As a Scottish Minister, I was not aware that we had any responsibility for Antarctica. I see my noble friend Lord McConnell nodding, so I do not think that he was aware of his responsibility. Clearly, that was a dereliction of duty.

Scotland Bill

Earl of Mar and Kellie Excerpts

Thursday 2nd February 2012 Lords Chamber

This proposal was not considered by the Calman commission because it involved a small technical change. I hope that the Minister will give serious consideration to the amendment. It was divided upon in the Commons because—I and Mr Docherty believe—it was misinterpreted as being a proposal to bring ScotRail into public ownership. That is certainly not the case. The only power that the amendment would give is freedom to Scottish Ministers to decide what the model should be, as well as all the other aspects.

[The Earl of Mar and Kellie]

My Lords, one of the curiosities of the current rail franchising process is that while the British Government and, presumably, the Scottish Government cannot offer to run the railways directly, there is no opposition to foreign national Governments—through, for example, Deutsche Bahn or SNCF—running franchises in the United Kingdom.

[Lord Boyd of Duncansby]

My Lords, I am grateful to my noble friend for tabling the amendment, which was debated in the other place. It seeks to rectify what appears to be an omission from the Scotland Act 1998 and subsequently the Railways Act 2005, which devolved significant powers over the ScotRail franchise, including its funding and licensing as well as responsibility for new rail lines for the network, yet neglected to devolve the power to determine the model of that franchise. Of course, it would not be appropriate to devolve responsibility for cross-border services, but that is not what the amendment seeks to address. It is clear that the amendment relates to services that begin and end in Scotland.

When this matter was debated in another place, as my noble friend indicated, we seemed to get side-tracked—if that is not an inappropriate way of putting it—down a spectre of renationalisation, which was not the purpose of the amendment. The Parliamentary Under-Secretary failed to address the central issue that the amendment poses regarding whether it is consistent with the spirit of the devolution settlement that the power to determine the nature of a discrete Scottish franchise, in relation to which the Scottish Government already have considerable responsibility, should be reserved.

I ask the noble and learned Lord the Minister to say what the position is in Wales and, more fundamentally, why the Government believe it is necessary and proper to retain powers to determine the franchise model of a self-contained Scottish rail service where the franchise is granted by the Scottish Government.

--- Later in debate ---

[Lord O'Neill of Clackmannan]

I should like to follow my colleagues on this issue because for some time I was chairman of the Nuclear Industry Association. My connection with that organisation has now been terminated, so I do not have to declare an interest but I still have great affection and respect for the industry.

It is certainly fair to say that an amendment of this kind has to be probing in character because, to be realistic, we do not really want to face the prospect of a planning challenge at this time on nuclear matters. I do not think it would be reasonable to say that there is fantastic demand in Scotland for Hunterston C and D being constructed at this time. However, by 2015 or 2016, we will have the large plant directive in place and, therefore, Cockenzie power station, which is relative small, will probably be closed and we will also have the prospect of Longannet, which is the massive linchpin of Scottish power generation, operating under severe constraints as a consequence of the large plant directive.

Torness will probably carry on until 2025, given likely extensions if the safety codes are met. Within the next eight years investment decisions will have to be taken as far as replacement base load generation is concerned. It ought to be made as clear as possible what restraints there are on the possibility of the planning powers of the Scottish devolved Parliament being constrained or changed or being ignored, if that were possible. If energy is a reserved power, does the power to frustrate through the planning process necessarily enable a Scottish Parliament to deny the people of Scotland and the United Kingdom the contribution that a power station on the scale of Torness could offer?

It is suggested that the nuclear industry is somehow alien to Scotland, that we do not have anything to do with it, and the plutonophobes, in their separatist windmills, forget that probably as much credit has to go to James Clerk Maxwell as anyone for the development of nuclear power. Through companies like the Weir Group and through a variety of other groups like Renfrew-based Doosan Babcock, the nuclear power industry is very vibrant and strong in a lot of areas of Scotland. Although it does not enjoy the weekend press releases that we get for the somewhat immature, renewable technologies—immature in the sense that they are barely proven and barely out of the laboratory—in its hands will lie the economic success of Scotland.

It is true that we will still have gas-fired power stations, but it is quite likely that, if the carbon capture and storage technologies are developed, they will try to apply them to that form of generation as well. If that happens, it will severely restrict even the capability of the gas-fired power stations to make a proper contribution to our energy needs. I make the point that, although today it is not an important issue, we still have some time to go before a Torness replacement has to be considered. There will be uncertainties about the continuing generating capability of our main stations by 2015. Not all of us are quite as optimistic about the contribution, 24/7, base load in character, that can be made at present by renewable power stations.

Therefore, it is important that an issue of this nature is afforded some clarity. That is why I am very grateful to my noble friend Lord Sewel for raising it. We are not asking for the earth to move or anything like that; we are merely asking for some clarity from the Advocate-General on this question.

[The Earl of Mar and Kellie]

My Lords, is this not a matter of Scottish democracy? I suggest that in 2016, the Labour Party in Scotland needs to come forward—providing it is prepared to put up with the description of being nuclear Labour—with the type of policy that will presumably be substantially different from the policy continuing to be put out by the current Scottish Government.

Scotland Bill

Earl of Mar and Kellie Excerpts

Thursday 26th January 2012 Lords Chamber

[Lord Maclennan of Rogart]

My Lords, I am grateful to my noble friend Lord Forsyth for moving his amendment to the Motion. It is an extremely valuable debate in which most of the relevant points have been made.

I remain concerned, and would like to hear my noble and learned friend’s views about the Scottish Parliament's failure to pass the legislative consent Motion in respect of the Bill. The difficulty is that such a Motion has not even been tabled—the point made by my noble friend—and its absence is crucial. Legislative consent needs to be affirmative; it cannot be presumed by its absence. In the absence of that Motion, Holyrood cannot even vote to reject the Bill, and its progress to the statute book here is as stymied as if there were a clear Motion opposing the Bill.

I understand that at least some members of the Scottish National Party, and of the committee in the Scottish Parliament that looked at the Scotland Bill, are interested in having discussions about its content. The leader of the Scottish National Party may be using his personal veto to prevent the Motion being tabled, but I noticed that Linda Fabiani, the committee’s chairman, asked the coalition Secretary of State to propose changes to the Bill. There has been no response that I am aware of to that request. I think that it would be appropriate to give a public response knowing what authority the Scottish Parliament has over the outcome of our deliberations. I wonder why we have not had some kind of indication.

The Bill is certainly based on broad cross-party consensus. It is possible, in the light of the changed circumstances, that that consensus may have moved on. Some may be more favourably disposed to even more fiscal devolution than was the Calman commission. I think that we ought to have that debate before we get tangled up in detail. We ought to have some idea of where the consensus now lies. I hope that my noble friend will be able to help us on that. It is an important Bill and a vital step along the path towards a fiscally decentralised United Kingdom.

However, there is another consideration that it is right to ventilate at the beginning of this process in the light of what has been said about the referendum. I believe that the bulk of the Scottish people are now not wholly satisfied with the devolution as it was enacted in 1998. There is quite a lot of evidence that there is a willingness—indeed a wish—to see more done. It does seem that, although this is a step in that direction, we could give the Scottish people a greater clarity and sense of the alternative to separation by having that discussion in the context of this Bill. That should certainly precede our deliberation of individual proposals and clauses. This is far too big an issue to have just a tinkering approach to the Bill, which seeks to implement Calman and in some ways goes beyond Calman. Can we hear from the Minister the Government’s thinking on those two points?

[The Earl of Mar and Kellie]

My Lords, when we considered the then Scotland Bill 12 or 13 years ago, the late Lord Mackay of Ardbrecknish complained that the failure of the Scottish National Party to seek to appoint any Peers caused the Scottish debate to be similar to trying to debate with Banquo’s ghost. I think that the late Lord would agree that that was still a problem here.

Following on from what my noble friend said, this Bill is the result of a very considerable coalition, in the Calman commission, which brought about the Calman report. These parties ought to get on with delivering the Bill, which is fairly tame by comparison with what is actually wanted in Scotland.

Finally, in a single sentence, I hope that this House will try to avoid making the same mistakes it made in 1893 when considering Irish home rule.

[Lord Browne of Ladyton]

My Lords, we have had a wide-ranging and diverse debate on this comparatively simple Motion, and we have the noble Lord, Lord Forsyth, to thank for that opportunity. I have not been long in your Lordships’ House, but when discussing Scotland I have become used to hearing the same familiar voices—speaking on some of the same issues, I have to say.

This debate in its diversity has added something and I am particularly pleased to have heard from the noble Lords, Lord Empey and Lord Singh, and, although it is a Scots voice, from the noble Lord, Lord Kerr. The points that they made individually and collectively should be listened to by my Scots colleagues. I was pleased that on Second Reading my noble friend Lord McConnell made a forward-looking speech. Scotland is in its politics, as I perceive it, beyond arguments that may well have served those of us who wanted to see the union held together. It is now looking for reasons to stay in the union rather than reasons why it cannot leave the union. The tone and content of how we conduct ourselves in these debates is crucial in the modern world. In my contribution to these debates, I intend to try at all times to describe a Scotland that is better for the people of Scotland and the people of the United Kingdom. Some strong strands or threads of debate are emerging already which suggest that there is an appetite in your Lordships’ House for this kind of debate and I am very pleased about that.

My second point is about a slight discord with my noble friend Lord Foulkes who is a very good personal friend as well as being a noble friend and a party colleague. My recollection of the general election on that terrible night in 1979 was not that his election was the highlight in Scotland, but that it was the election of my noble friend Lord Maxton to the constituency of Cathcart. It was a bright light in an otherwise very dull night for me. I hate to introduce that level of discord and I hope that my noble friend will forgive me, but that is certainly my recollection.

Scotland Bill

Earl of Mar and Kellie Excerpts

Tuesday 6th September 2011 Lords Chamber

[The Earl of Mar and Kellie]

My Lords, I have no difficulty in welcoming this mild and tame devolution Bill. It is worth recognising its introduction at this time as a Liberal Democrat achievement in government. The Bill makes some progress towards greater self-government but is unlikely to be the last word on the subject. I expect that it will be amended by addition, rather than by deletion.

I am interested in what this Parliament recognises as the desirable endgame. The strength of desire in Scotland for self-government is considerable—maybe up to 75 per cent. Many of that 75 per cent are still cool to the traditional 19th century nation state concept but they definitely want greater political autonomy—just within a British state, and why should they not do so?

This United Kingdom, from 1603, could be restructured to suit the democratic will. After all, it was in 1707 and 1999. That further restructuring can be done by legislation alone and without the endless international legal agreement processes which formal separation leads to and requires. What I am referring to may be called home rule and it includes a Scottish Treasury. This is probably what the Scottish negotiators wanted in 1706, although they certainly did not get it.

It is probably instructive to look at Denmark’s Home Rule Act 1948, and I thank those in the Library for their help. This granted sufficient autonomy to Greenland and the Faroe Islands to make their own decisions, even about foreign policy. Greater Denmark is therefore primarily a defence union. Greenland, after all, decided to leave the European Union with compensation for damage done to its fishery, and the Faroe Islands decided not to join the European Union. I know that this Parliament does not like examples of good practice from abroad but I believe that this example of home rule is relevant and, what is more, it has been happening for the past 60 years quite near by. Conversely, it has to be said that this Parliament has recently acted in favour of promoting democracy in Iraq, Afghanistan and, one hopes, Libya. Full democracy is desired in Scotland. Could it be that this Parliament is resisting such a development?

It is quite helpful to have a constitutional referendum in 2015 in the background to the Bill. I believe that it would clearly be sensible to legislate for this by amending the Bill, rather than just relying on the electoral mandate won in the summer. The outcome of such a referendum will be determined, in part, by the response of this Parliament to the request for additional powers. A favourable response is likely to lead to something akin to home rule—that is, a British solution. A negative response will enhance the vote for formal separation. Jealousies and personal insecurities among parliamentarians need to be suppressed during the passage of the Bill.

In conclusion, the Bill is a mild response to the growing need for self-government in Scotland. It is too mild and further legislation will be required quite soon. Noble Lords should be quite relaxed about this. Robert Burns derided the Scottish negotiators of 1706, but the Parcel of Rogues did quite a good job. While the parliament was lost, the Scottish state was not smashed. I can understand how Queen Anne and the Earl of Godolphin wanted control of just one parliament. This was a problem of regal personal rule. Now of course Governments are derived from democratic election. The process of re-establishing the Scottish state has been running for the last 150 years. It should be met by accommodation rather than intransigence.